Local artistes voice urgency for stronger copyright laws

Local music artistes have amplified their voices for stronger copyright legislation to protect their work.
This renewed advocacy comes on the heels of their colleague Jackie Jaxx suing a major corporation for copyright infringement.
A few days ago, popular Guyanese singer Jackie Hanover, popularly known as Jackie Jaxx, and Ivan Harry, who performs as D’Ivan, filed a copyright infringement lawsuit in the United States against One Communications (Guyana) Inc. and Tennicia De Freitas, known by her stage name NEKEITA, for the unauthorized use of their musical compositions “Guyana” and “Oh Guyana” during a rebranding event hosted by One Communications. The issue has sparked a widespread debate on Guyana’s outdated copyright laws.
This publication reached out to several local recording artistes to get their views on the situation. Jumo Primo, popular Guyanese Soca Monarch singer, expounded on how modern copyright laws can help artistes like himself, stating that for far too long the law has been ignored.
“I think copyright laws are one of the things that have been overlooked, and I think that we don’t see the importance of copyright laws, especially in the arts. I believe that copyright laws can do a lot for musicians and people in the arts, but it will assist all creatives.”
Lending his perspective to other factors in which artists can be reimbursed, he highlighted that radio stations can be another pathway for reimbursement to artists once the law is acknowledged.
“So, copyright laws will help a lot of things because even the radio stations will have to pay their dues to other enforcements for playing music that doesn’t belong to them. It’s a very touchy subject, but it is one of those conversations that we need to have. It is needed, and needed urgently.”
Chiming in on the discussion was multi-genre musical, artiste Akeem Alexander.
“Artistes would be able to make way more with copyright law in place. I definitely think that Guyana, on a whole, needs to implement the legislation so that Guyanese are able to be treated fairly and be reimbursed. If there is any music being played, they get compensation for it. Anything that has been happening, they are being compensated for their work.”
Sharing the same perspective was Vinel Hinds who relayed that the Strick implementation of Copyright always withing Guyana will foster a greater sense of respect for musical artiste.
“Well firstly our music will be respected especially being played or performed by other artiste…in regard to payments, I think that compensation must be given for musical artiste once their music are being used, it is right and I support it that’s my opinion.”
Meanwhile, on social media sites, scores of artistes have reposted Jaxx’s call for action and supported her stance against One Communications.
This publication also spoke with Attorney-at-Law Janel Lindie-Daly, who delved into what Guyana’s current copyright law entails.
“The Copyright Act 1966 Chapter 74, which is a very old act, was inherited from the UK at the time of independence, so there are a lot of deficiencies with the act in terms of how old and outdated it is. Additionally, it doesn’t capture the essence of intellectual property today and it doesn’t provide a wide range of protection in terms of the copyright laws. The fines enforced are quite outdated, so even if you make a claim under the act, you won’t really be compensated properly.”
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 unauthorized 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 unauthorized use of the musical compositions; to prevent further unauthorized use of the plaintiffs’ works; recovery of profits earned; and the value of the economic advantage gained by One Communications’ unauthorized use of the works in its rebranding campaign. In addition, the duo is requesting at least US$1 million to penalize the defendants for their willful and malicious conduct and compensation for legal expenses incurred. (G2)