ترينيداد وتوباغو

The claim, submitted in 1984, referred to an alleged infringement that occurred in 1980. It was submitted that the song “Doh Try That” breached copyright laws. Defense’s main argument rested on the claim being statute barred as it was brought three years after the alleged infringement took place. As such, an application was submitted to strike out the claim on the grounds that it was frivolous, vexatious and an abuse of the court’s process as the action, if there was one, was statute barred.

While the Copyright Act 1985 repealed the Copyright Act 1911, the latter was in force at the time of the infringement. Section 10 of the Copyright Act 1911 reads,

“An action in respect of infringement of copyright shall not be commenced after the expiration of three years next after the infringement.”

The three years had expired by the time the claim was submitted, and therefore, it was statute barred. The court accepted the defense’s argument that the claim was frivolous, vexatious and an abuse of the process of the court and dismissed the case.

Cases referred to: Ronex Properties v John Laring 1982 3 AER 961