Former young king sues THA for copyright infringement

FORMER Young King and Soca Monarch finalist Sean Caruth is suing the Tobago House of Assembly (THA) for copyright infringement after one of his songs was used to promote the Tobago Blue Food Festival in 2012.

Caruth’s copyright claim was heard in the Tobago High Court yesterday, by Justice Frank Seepersad who has reserved his decision to July 23.

The case could set the stage for the way local music is used in advertisements.

In his lawsuit, Caruth is alleging that the THA infringed his moral rights and copyright by reproducing 39 seconds of his Cook (Coal Pot) song in advertisements which played over 200 times, over a period of 24 days.

He said the song was composed in December 2001.

The singer also said he assigned to the Copyright Organisation of TT (COTT) a deed of assignment for all his musical works.

Caruth said the THA and its agent infringed his right to have his name indicated prominently in the advertisements for the festival and his right to object to the use of the song with images of pork, which, he said, was contrary to his lifestyle, and amounted to derogatory action that was prejudicial to his honour and reputation.

He also alleged that COTT advised the THA’s agent of the infringement of Caruth’s work and sought settlement of $60,000.

Caruth said COTT has, to date, not received a response from the THA’s agent nor payment for the use of his song.

In its defence, the THA has claimed it was not a proper party to the proceedings as it had no dealings with Caruth, nor was it liable to him.

In their defence, the event’s coordinator for the festival, John Arnold, said he spoke to Caruth’s agent regarding the allegation of the use of the song without permission.

Arnold said he told the agent that the festival was not a money-making event, but one to promote destination awareness for tourism objectives.

He said he was asked that Caruth be made a performer and he agreed.

Arnold said the singer’s people accepted the proposal and he performed at the festival and was paid his $5,000 fee.

Attorney Kirk Bengochea represents Caruth.