Regarding the Defe Defe song, Team Eternity may be guilty—Copyright office

Kwame Mickey, the executive producer for Hallelujah Voices' 20-year-old song Defe Defe, has accused Team Eternity Ghana of "song theft."

James Owusu-Ansah, a Senior Research Officer at the Copyright Office, cautioned Team Eternity Ghana against going to court and stressed the need to avoid needless legal drama. He gave advice to settle the dispute out of court.

On Sunday, June 17, Mr. Kwame Mickey claimed that Team Eternity Ghana had violated his intellectual property rights by utilising the phrase "defe defe" in their viral hit song, Defe Defe. This claim generated a discussion on copyright problems on Facebook.

"Manhyia Nyame an anka ɔbonsam ayɛ me defe defe," sing Hallelujah Voices, and "manhyia Nyame an anka y’ayɛ me defe defe," sing Team Eternity. He implied in the aforementioned article that Team Eternity had violated copyright by utilising the phrase "defe defe" in their recently released popular song, which as of Wednesday, June 19, 2024, had received over two million views on YouTube.

There has been a lot of discussion about this subject on social media, with differing viewpoints. Some contend that Hallelujah Voices is not the sole creator of the phrase "defe defe," and as such, they cannot claim exclusive ownership of it.

Some draw attention to lyrical similarities, raising the possibility of copyright violations. Mr. Owusu-Ansah pointed out that the copyright rules and their specific application to the case were the subject of the dispute surrounding the matter, rather than emotional outbursts or personal beliefs.

“When it comes to making a song popular, the chorus and hook are key elements. However, before creating a song, two essential factors must be considered: originality and creativity. While ideas themselves are not copyrightable, the expression of those ideas is protected. 

“This means that no one can claim ownership of words or ideas, but the unique expression of is exclusive to the creator. To establish copyright, a person must demonstrate mental labour, meaning they invested time and effort into crafting their work. 

“This include selecting words, rhythms and melodies. If someone accuses another of plagiarism, they must prove that the accused party stole their work. This can be challenging, as songwriters often draw inspiration from others and borrow elements, making it difficult to determine whether it's a case of inspiration or appropriation.

“In the case of Hallelujah Voices and Team Eternity, it's possible Team Eternity was inspired by the existing work without directly copying it. Alternatively, they may have appropriated the work, modifying it to fit their own song. 

“To determine copyright infringement, we must examine whether the expression of ideas was original and creative, and whether mental labour was exercised in the creation process and that is where they could be found guilty if they aren’t able to prove themselves,” he said.

According to Mr Owusu-Ansah, even if Team Eternity wanted to use the word 'defe defe', they should have sought permission from the original creator. 

In order to settle the dispute, he advised both parties to write to the Copyright Office, even though he was unable to respond to the query of whether Halleluyah Voices had filed "Defe Defe" with the office.

"The Copyright Office may mediate conflicts between parties in accordance with Section 48 of the Copyright Act, 2008 (Act 690). Over the years, the Copyright Office has resolved matters of this kind in an amicable manner without the parties having to seek a settlement in court," he said.