[UPDATED] PNM agrees to drop campaign song after legal threat

The People’s National Movement (PNM) has agreed not to use the disputed song Liff Up in the Tobago House of Assembly (THA) election campaign, as discussions continue over alleged copyright infringement.

In an update to its pre-action claim, attorneys representing VAS Productions accepted the political party's undertaking that the song will not be used in the PNM’s motorcade campaign scheduled for January 11.

Attorney Keron Ramkhalwhan, along with Kiel Taklalsingh and Lloyd Robinson, represent VAS Productions.

In a response letter on January 10, the attorneys noted receipt of correspondence from the PNM and indicated their client is prepared to accept the undertaking regarding the non-use of the song during the motorcade.

VAS Productions said it is looking forward to further discussions with the PNM on the “remaining issues,” particularly liability and damages arising from the alleged unauthorised use of the song during the campaign. The company has now set January 24 as the deadline for the PNM to provide a substantive response on those issues.

The controversy centres on the use of Liff Up, a song recorded and produced by popular Caribbean artiste Tyrell “Prince Swanny” Swan, which VAS Productions claims to own under a 2025 agreement. The label alleges that an altered version of the song, using the same melody, was used in campaign advertisements and at political events without authorisation.

In a statement, VAS Productions confirmed that it is the sole and lawful copyright owner of the song and has retained senior legal counsel to address the alleged infringement. The company said it observed that a distinct version of “Liff Up” had been repeatedly used as a campaign anthem at political meetings and events associated with PNM Tobago political leader Ancil Dennis and the PNM, without consent or licence.

According to VAS Productions, prior efforts were made to resolve the matter amicably. However, those communications reportedly went unanswered, prompting the company to seek legal redress, the statement said.

While welcoming that immediate undertaking, VAS Productions indicated that discussions with the PNM are ongoing regarding outstanding issues, including alleged past unauthorised use of the song and potential liability for damages.

The production company issued a public warning, stressing that it holds exclusive copyright in Liff Up. It cautioned that any unauthorised reproduction, adaptation, distribution, or public performance of the song—or any version associated with a political campaign—constitutes copyright infringement under Trinidad and Tobago law.

VAS Productions further warned that such breaches may attract significant civil liability and could also give rise to criminal sanctions under the Copyright Act.

The company has called on all individuals, organisations, and political entities to immediately cease using “Liff Up” without proper authorisation, signalling that it is prepared to take decisive legal action to protect its intellectual property and the rights of its artists.

Such actions will attract severe civil liability and may also result in criminal liability pursuant to the Copyright Act.

“VAS Productions hereby calls upon all individuals, organisations, and political entities to immediately cease and desist from utilising any versions of the song ‘Liff Up’ without obtaining the necessary authorisation from us. “Failure to do so will be met with the full force of legal action to protect our artistic creations and the rights of our artists.”

In their response to VAS Productions earlier letter, attorneys for Dennis and PNM, Gilbert Peterson SC and Kashka Hislop-St Hillaire, said, “Without prejudice and without any admission of liability, my client instructs that in an effort to try to bring some amicable resolution to this matter, he is unable to comply with your request for a public announcement on the campaign stage denouncing the use of any song as alleged in your pre-action protocol letter.

“However, he is prepared to concede without admission of liability to issue instructions that the alleged song not be officially used in the motorcade campaign scheduled for Sunday, January 11, 2026.

“We trust that this position may be satisfactory to you and your client at this stage.”

Tobagonians will vote on January 12 to elect the next executives of the THA.

This story was originally published with the title "PNM faces legal threat over use of song in THA campaign" and has been adjusted to include additional details. See original post below.

A United States–based music production company has threatened legal action against the People’s National Movement (PNM), alleging that one of its copyrighted songs was unlawfully used in the party’s Tobago House of Assembly (THA) election campaign.

In a pre-action protocol letter dated January 9, attorneys Keron Ramkhalwhan and Lloyd Robinson, acting on behalf of VAS Productions LLC, accused PNM general secretary Foster Cummings and Tobago Council political leader Ancil Dennis of copyright infringement in relation to the song Liff Up.

VAS Productions, an Atlanta-based record label focusing on urban and Caribbean music, said it owns the copyright to Liff Up, a song recorded and produced by popular Caribbean artiste Tyrell Swan, also known as Prince Swanny. The company relied on an agreement dated August 1, 2025, which, it said, granted it full ownership of the copyrights and related rights to works produced by the artist, including the song in question.

According to the letter, an altered version of Liff Up, performed by an unknown artist, was used in political advertisements for Dennis, the PNM’s candidate for Buccoo/Mt Pleasant, on January 5 and 6. The song was allegedly published on Facebook and Instagram reels and played at political meetings and rallies during the campaign period.

VAS Productions claimed the melody and delivery of the campaign version were “identical” to the original composition, amounting to unauthorised reproduction under the Copyright Act. Although the lyrics were changed to suit campaign messaging, the company argued that the melody, a protected element, was copied without permission.

“An analysis of the two songs reveals that the melodies of both Liff Up, as originally composed by the potential applicant, and the rendition performed by the unknown artist associated with the PNM exhibit identical melodic contours.

“Both compositions utilise the same series of pitch sequences and rhythmic patterns, resulting in a musical phrase that is not only similar but effectively identical in terms of auditory perception.

“Given these factors, it can be conclusively stated that the melody utilised by the unknown artist is a direct reproduction of the original work, lacking any substantial alteration that would differentiate it as a separate composition.

“The core issue, however, resides in the unauthorised reproduction of the melodyand/or delivery of the performances, which remains substantially identical to the potential applicant's creation.

“By utilising the composition Liff Up in their political campaign without proper authorisation, they create an erroneous association between the label and the PNM, despite the absence of any formal partnerships or agreements.

“This unauthorised affiliation risks alienating current and potential artists associated with the label, who may feel that their creative works are being co-opted for political purposes without their consent. “Such actions could damage the label’s reputation in the eyes of both the public and the industry, leading to a loss of trust among artists and collaborators.

“Furthermore, the continued unauthorised use of the melody undermines the financial interests of the potential applicant, as it may dilute the originality and market value of the song.

“Artists within the label may be deterred from associating with the potential applicant, fearing that their works could similarly be appropriated for external agendas, thus impacting the label’s ability to attract and retain talent,” the letter said.

The attorneys said attempts were made to resolve the matter amicably, including contact with the PNM’s campaign manager, who allegedly indicated the party would pay for use of the song. However, a cease-and-desist letter sent on January 7 reportedly received no response.

The company is now demanding that the PNM and Dennis immediately stop using the song, enter settlement discussions, and provide written undertakings to cease further use. Failing a response by January 10, VAS Productions said it intends to file court proceedings seeking an interim injunction, damages, aggravated damages, and costs.

Tobago goes to the polls on January 12.