The claimant alleged that the Tobago House of Assembly (THA) infringed his neighboring and moral rights in relation to his musical work by broadcasting his song ‘Coal Pot’ in television, radio and YouTube advertisements during October 2012. The claimant submitted that the song was used to promote Tobago’s annual Blue Food Festival without his permission or that of the Copyright Organization of Trinidad and Tobago (COTT). Secondly, the claimant contends that the use of the song in a festival that promotes pork violated his moral rights, as it is contrary to his lifestyle. The promotion also included images of pork which, as argued, was prejudicial to the claimant’s honor and reputation.
The defendant failed to convince the court that the limitation period prohibited the claim from moving forward, as the YouTube advertisements were still accessible up to November 2016. The court also found that the defendant was a proper party to the proceedings. However, as the claimant assigned his neighboring rights to COTT, the court decided that the claimant could not bring an action against the defendant for any alleged infringement of neighboring rights. The claimant may, however, bring an action for alleged violation of his moral rights, as these were not assigned. Due to the claimant’s 2013 performance at the Blue Food Festival, the court found it could not be argued that his lifestyle and reputation were offended by the use of his song to promote the same festival.
Although the claimant was unsuccessful, the court made clear that artists should be properly consulted and remunerated for their creative work.
Cases referred to: No cases were referred to in this judgment.
Other material relied on: Copinger and Skone on Copyright 14th Edition. Pgs. 11-44.