US-based singer Jackie Jaxx files US$1.3M lawsuit against One Communications for copyright infringement
Jackie Hanover, popularly known as Jackie Jaxx, and Ivan Harry who performs as D’Ivan, have filed a copyright infringement lawsuit in the United States (US), against One Communications (Guyana) Inc. and Tennicia De Freitas, known by her stage name NEKEITA, for the unauthorised use of their musical compositions “Guyana” and “Oh Guyana” during a rebranding of the telecommunications giant.
The lawsuit alleges that One Communications and NEKEITA infringed the plaintiffs’ copyrights by performing, broadcasting, and commercially exploiting the songs without obtaining the necessary permissions.
Hanover and Harry are contending that One Communications, in particular, gained significant economic benefits by infringing their copyright protection.
“My hope is that this lawsuit will force corporate entities to show respect for songwriters and content creators by implementing proper copyright clearance policies for all works used at their events”, Jackie Jaxx stated in a release to the media.
The lawsuit was filed after efforts to resolve the dispute with One Communications failed.
Hanover and Harry allege upon information and belief, in their lawsuit that One Communications, formerly GTT, habitually infringes, conspires with others to infringe or facilitates the infringement of copyright protected works.
They contend that the complaint of conduct is intentionally malicious, fraudulent, oppressive, or committed recklessly or with a wanton disregard for their rights and stifles the music industry. Hanover is also contending that One Communications interfered with business relations and opportunities she has with one of its rivals.
In pre-action letters sent to One Communications, Hanover and Harry warned that the unauthorised use of their copyright protected works gives rise to claims in Guyana and the US, and they intend to seek relief in both jurisdictions.
Hanover is a citizen of Guyana while D’Ivan is a dual citizen of the US and Guyana. Defendant, One Communications (Guyana) Inc. is a leading telecommunications company in Guyana, and Tennicia De Freitas (NEKEITA), is a singer who performed at the rebranding event.
Hanover and Harry are requesting actual damages to be determined at trial but no less than US$300,000 for the unauthorised use of the musical compositions; to prevent further unauthorised use of the plaintiffs’ works; recovery of profits earned, and the value of economic advantage gained by One Communications’ unauthorised use of the works in its rebranding campaign.
In addition, the due is requesting at least US$1 million to penalise the defendants for their willful and malicious conduct and compensation for legal expenses incurred.