This appeal case concerns an allegation of copyright infringement, with the claimant alleging that the defendant used photographs taken by the claimant in a published album as well as on postcards. The claimant appealed the lower court’s decision in favor of the defense.
There was discussion of whether copyright protection was offered via common law or as a result of statute. The English Copyright Act 1862 did not grant protection of works in Trinidad and Tobago but allowed for the registration of works in the country.
The court also took into account the International Copyright Act and the Privy Council case of Graves v Gorrie (1903) 72 L.J.P.C. 95, concluding that an author of a painting, drawing or photograph in Trinidad and Tobago had no statutory copyright in the work.
The court noted its disappointment in the inadequate state of copyright law in the country, but ultimately considered itself bound by the Privy Council judgment of Graves v Gorrie.
Cases referred to: Graves v Gorrie (1903) 72 L.J.P.C. 95, Jefferies v Boosey 4 H.L