Magistrate dismisses criminal copyright complaint against party promoter

A SANGRE Grande party promoter has been cleared of a criminal copyright infringement complaint brought against him by the Copyright Organisation of Trinidad and Tobago (COTT) for allegedly failing to get a licence for his Stranded by the Pool Carnival party in Salybia in 2018.

In what could be the first case of its kind, Senior Magistrate Nanette Forde discharged Lyndon Legall at the end of a six-year trial in the Sangre Grande magistrates court on November 4.

Legall was charged under the Copyright Act for allegedly failing to obtain a COTT licence to play the music of its members.

In her ruling, Forde-John held that the evidence of COTT’s main witness was insufficient to support the criminal complaint.

Under the Copyright Act, a person guilty of an infringement for profit-making purposes, on summary conviction, could be fined or jailed. The law also allows a magistrate to increase the penalty for repeat offenders. It also provides for civil remedies.

Newsday understands a civil claim was also filed against Legall by COTT concerning a 2017 and 2018 complaint. The matter went to trial in 2021 and he is awaiting the court’s judgment. He was represented by attorneys Nigel Trancuso and Luana Lezama while Senior Counsel Lee Merry and Anthony Vieira represented COTT in the criminal complaint. In an interview with Newsday on November 5, Legall said he was pleased with the court’s ruling. “Justice has been done.”

“After six long years of battling in the courtroom, I can finally exhale. Winning the copyright infringement case against COTT feels like a tremendous weight has been lifted from my shoulders.

“The joy and relief I feel are almost indescribable. For too long, I was burdened by the looming threat of powerful corporations that seemed determined to bully small business owners like myself.

“This victory is not just personal; it’s a beacon of hope for anyone who has ever felt powerless in the face of corporate giants.”

Legall said the “emotional toll” of having to defend himself in the courts was “significant.”

“But, the outcome reaffirms my belief in justice and the Judiciary. “Knowing that the truth prevailed fills me with an overwhelming sense of accomplishment.

“It’s a reminder that hard work, perseverance and the right team of attorneys can lead to success, even against overwhelming odds.”

Legall, who was a former employee with COTT, said since leaving the organisation around 2015/2016, he has channelled his experiences “into building something positive."

“I founded Legal Solutions, a multiple licensing processing company dedicated to simplifying the complexities of compliance for small businesses in TT.

“This venture has allowed me to use my knowledge and experiences to empower others, and it feels incredible to give back to a community that has supported me for so many years.

“Looking ahead, I’m excited to share that I plan to establish my own copyright company.

“My mission will be clear: to help small business owners navigate the often confusing landscape of copyright law. I want to ensure that they feel protected and supported in their creative endeavours, just as I now feel liberated from the chains of my past struggles.”

Legall also said he now feels motivated to help small business owners in the creative industry fight for their rights.

“Together, we can create a future where creativity is celebrated, and the little guy has a fighting chance.”

Newsday was told the ruling was a “victory for promoters,” especially the “average or smaller” promoter.

“It is hoped COTT would be more circumspect in bringing these types of criminal complaints which have serious repercussions.”

Legall also acknowledged the “insightful advice” he received from intellectual property consultant Richard Cornwall.