The High Court has granted an injunction to the Eastern Caribbean Collective Organization for Music Rights (ECCO) to prevent the staging of a concert featuring Trinidadian soca stars, Bunji Garlin and Fay-Ann Lyons, scheduled for Friday Dec 6, at Krazy Koconuts.
ECCO, through its legal counsel, Ronald Charles, filed the application for the injunction at 3.00 on Friday afternoon. The application was heard by Justice Errol Thomas at 3.30 pm.
According to Chairman of ECCO, McCarthy Marie, the copyright organization contacted the organizers on Saturday 30th Nov, 2013, to inform them that they needed permission from ECCO for the use of copyright music at the concert. Marie said their response was negative.
He said subsequently on Monday Dec 2, ECCO wrote to the organizers formally, explaining why a copyright music license was needed and this time, according to Marie, ECCO received no response.
“Another letter was written to the organizers on the 5th of December which was delivered to the organizers by a bailiff. The letter explained to the organisers that failure to obtain the necessary license for the event would result in ECCO taking appropriate legal to protect its interest and that of its members and worldwide affiliates since it controls, in Dominica, the right of public performance of virtually all copyright music in the world. Still, there was no response from the organizers,” Marie explained.
The application for an injunction was then filed.
A copy of the injunction obtained by DNO states “Until further order of the Court, the Respondents(Frankie Bellot, Krazy Koconuts and Island Communications), whether by themselves, their servants or agents, are hereby restrained from putting on or permitting the Concert or any concert at the Krazy Kokonuts scheduled for Friday 6th day of December 2013, or from putting on or permitting any other public performance of musical works in the repertoire of the applicant (ECCO) without first obtaining a license to do so”
A further hearing in this matter will be held on the 20th of December 2013.
I understand that most music listeners and fans still don’t understand the issue of copyright and royalties. I will try to explain, as my friend Mantius has done below:
When a registered songwriter writes a song, he ought to register that song with a performance rights organization (PRO’s) like ECCO or COTT. These organizations are charged with monitoring public performances of copyright music in their country or region. ECCO, for example covers the Eastern Caribbean islands, and each country in the union has a representative who liaises with show owners, promoters and festivals so that a one-time license can be issued to these events, allowing the collection of royalties for the public “performance” of copyright music. Representatives (such as McCarthy Marie in Dominica) are also supposed to work with broadcasters, clubs, bars, restaurants and other establishments who regularly play music for the public so that an annual license can be issued to cover the public performance of copyright music.
(In this case, “performance” means any public broadcast or an instance where copyright music is played in the public space.)
By right, promoters and owners of shows and festivals ought to approach ECCO representatives before the hosting of that event so that the show can be licensed well before it is supposed to occur. In fact, ECCO offers a discount on that license if it is obtained 10 days before its scheduled date.
Many people wonder “so an artist cannot even sing his song?”… We must realize that ECCO is tasked with collecting and compensating the songwriter and NOT the artist. In many genres, teams of individuals come together to write one song. As an example, if you have a CD released by an artist who’s backed by a major record label, take a look at the credits (found in the booklet that might also feature a bio, song lyrics or other information). It is likely that groups of individuals are credited per song.
In most instances (barring court injunctions, and the like) an artist can perform live ANY song written by any songwriter even if it was originally recorded by someone else and regardless of their location in the world. Most of us are familiar with live shows and performances, and we know that it is commonplace for the performer to sing songs originally sung and recorded by other artists… this happens all the time and it not illegal. Well, in Dominica it is Mr. Marie’s job to ensure that the public performance of the songwriter’s song is noted so that he/she may be compensated at a later date.
Some people ask “how can Marie represent all artists (writers)?”… Well, that’s the way the PRO’s want it to work, and it is probably the most efficient method of monitoring and collecting royalties for writers. There are numerous PRO’s around the world; we share ECCO with the other ECCU countries but most large countries have their own PRO. It would be impossible for the PRO of South Korea to monitor public performances of “Gangnam Style” in Dominica. The same is true if “#767” becomes popular in Germany; it would be impossible for ECCO to monitor the performances of that song in Germany.
So PRO’s around the world have signed reciprocal agreements with each other that allow each PRO to represent the interests of copyright music controlled by all other PRO’s (those who are party to that agreement) in their own region. This means that Mr. Marie is effectively the representative of Sean Paul, The Beatles, Katy Perry, Bunji Garlin and all those other songwriters who have registered their music with PRO’s in their country or region. This is what gives him the authority to ask that promoters get a license to host their event. Most live shows will feature copyright music – think of our DJs, local bands, etc.
Yes, songwriters must register with a PRO in order to be covered and for serious songwriters ensure that they and their material are registered with a PRO. International stars like Bunji and Faye-Ann are indeed registered (with COTT).
A few local artists and songwriters lament that while ECCO boasts of paying thousands of dollars to writers (more than $400,000 in 2012), they (the artists/writers) who are registered with ECCO have received nothing or very little. There’s a reason for this. The sum collected by ECCO represents royalties they have been collected for songwriters around the world (throughout the previous year), not just those in Dominica and our ECCU sister countries. The money is pooled together and distributed based on a formula that’s supposed to factor in the number of performances, the medium performed on and the size of listening or viewing public (among other things – most PRO’s do not publicize their formulas). Mediums include TV, radio, festivals, shows, etc., and a big chuck of that $400K will be paid to writers who are not Dominican.
Advice to local musicians: (1) register with your nearest PRO; (2) write more original music that is catchy and appealing; (3) try to broaden your fanbase beyond Dominica’s borders.
Advice to music lovers: (1) support your local artists and request their music on your favourite radio station; (2) encourage your place of work and business owners you know to register with ECCO if they play music in their place of business. The annual licenses are very reasonable; (3) encourage your friends and family overseas to play and listen to Dominican music.
We all have our role to play.
This is why I have chosen to download (pirate) music for free. I don’t care what anybody think of my practice.I am not interested in most of what the entertainment establishment has to pay for to “entertaining” me anyway.I consider it to be garbage.
I find the law unreasonable. After I have paid for the DC, if I want to entertain I have to pay again. The CD belongs to me but the price I pay seem to be the first rent since what is in it is a controlled item.
I don’t understand I have read many of the posts and the article and I still do not understand.
Does it means if I am the owner of a song, If I am the artist, do I have to ask this organization for permission to sing my own song or perform when and wherever I want?
Don’t the artist have a right to subscribe to be in an association they choose to belong too? We need more clarification on this matter. Do the artists even know that they belong to such an association?
So what happens to all the Christmas Carols like, the First Noel and Silent Night we all have been singing and all the others songs we grew up with, we can no longer sing them without some organization’s permission who may not even know the artists? Should all Christmas plays and singing of Carols they should be stopped?
I really do not understand. Please enlighten me because I do not understand, something does not sound right.
It makes no sense to me at all my question is Ecco collecting monies for our local Artist & Bands ??
Ladies and gents I agree with copy rights ect however this setup is incorrect, the copy rights are to ensure artist songwriters ect are compensated for the work, the format should be that if a concert of 6-700 pple is taking place where the artist music which is under. The organization is bieng used to promote or event played at event they should be compensated thru the copy rights organization. However if the individual who made the copy right is performing his song at the event it is beneficial to them their should not be a copy right fee, Copy right organization goal is to ensure proper compensation and if that means artist is performing then the promoter is not responsible for the copyright fee, also the perfomance contract is also very important too ,, if your perform ac contract stipulates the performer must only perform songs that he has intellectual rights to then the promoter cannot be held accountable after. Marie u cannot shut down a show with an artist ur supposedly representing ur taking away from their income and making u liable for covering expenses from both individuals, I recommend that the operating standard be revised or laws of island be revised to international standards cause this is not helping the artist in its present state.
I kind of understand what you are saying but if such is the case well bro go to the court to argue that point and to make your case – but you can’t totally disregard a court order on mere feelings and speculation I think those fellars taking the court for their playground now.
How can Mark Marie say he Reps the “Artist” but then the Artist says otherwise !!
Kreole festival also pay mark a license yessiii, u recall when mark close down a Gospel show in de stadium some time back.
The thing here is that This is new for Dominica. But it’s high time musicians get paid from an I am urging them to join the organization. It’s a good cause for artists.
and mark whilst u at it, what u waiting fort o close down SAT, Marpin and Q95 and Kairi and DBS
I so glad Mark u shud even kick Krazie , our Govt gave mark so much powers because our Govt so uneducated. They give evry a** laws after comes right back and bite dem in de a**. I glad mark use your powers an jail de Govt ontop of data lso. the Govt muss kneel before Mark when he talk, I doh know why mark not closing down DBS, what u waiting for Mark, The Govt gave yu the right to kick dem so use it against dem if is so they stupid
All I have to say is that the real Peter Karam would never write such unintelligible crap.
I would not be surprised that in time to come, Skeritt is going to pass legislations in order to do away with copyright infringes. I hope Mr. Marie and other musical artists realize who they must vote for in the next General Elections .Ronald Charles and McCarthy Marie v Frankie Krazy.T, Skeritt must be having a nightmare.
what does the government have to do with that. stop blamming the government
we need to get out of this politics. we need to start putting right where right is and wrong where wrong is.
i hope they giving GOD his royalties for the talent he has given to mankind. like mr. mc marie.
but why do we blame Mc Marie…. he didnt pass the law. blame the legislaters…. the people in the parliament led by the Pm… is they that pass the law so if the people doesnt like it, it is them that have to b blamed. … Mc Marie just complying with what the law says…
dcans put the facts where facts is due
Laws were made to use, not to be abused.
It IS in Bunji and Fay Ann’s interest that a license be obtained by the promoters. According to international copyright law, songwriters must be paid in a form of what is known as royalties when their music is played anywhere. So Bunji and Fay Ann get royalties for playing their own songs and if they perform songs of other artistes, these artistes get royalties as well.
I can assure you that you will NOT hear Bunji and Fay Ann complaining about ECCO’s stance. They are represented by COTT (Copyright Organisation Of Trinidad and Tobago). But the way song copyright is set-up ECCO acts on the behalf of COTT for music played in Dominica.
This is behind the scenes stuff that fans won’t necessarily know about. It’s part of the busines of music.
Same thing applies to Dominican songwriters. ECCO represents your songwriters and ensures that they get to eat a ‘little food’ when their song is played. Music is a business like any other business. Songwriters are not physically able to monitor their music everywhere it is played, hence they assign their rights to a body like ECCO to do it on their behalf.
This has nothing to do with any government or party. ECCO is not a government body. It is a representative of songwriters in the Eastern Caribbean and by extension songwriters all over the world, just like ASCAP and BMI.
Yes, the organizers NEED a license to host their show. They are making MONEY off the artistes music so the songwriters, whoever they may be have to get something out of it. This is how it works. This may seem strange to those who are just learning about copyright law but it’s really nothing new. It’s a given and is what goes on all over the world.
All your favourite International shows are licensed. I’m sure the World Creole Music Festival is. The promoters are breaking the law if they don’t pay. ECCO is exercising its right and by extension the rights of songwriters.
It may be unpopular to many but it is International Law and the way songwriters earn money. Otherwise there would be no music business and no incentive to make music. Music is a business.
Hope I was able to shed some light. Lots of love and be blessed.
Well said my friend.
Hmmm… Clearly Dominicans talk about ignorance when they wallow in it fully and blindly.
Know your law, it has nothing to do with Mc Marie and no one is pressing nobody. The artists signs up willingly to these unions to protect their music and royalties. The unions get the smaller percentage of the money but having so many artists signed on adds up to build them a sustainable revenue.
The Law is get a licenses, just get a licenses don’t try to cheat the system because you will be in fact cheating yourself. IN this business as much as others, every department needs each other.
I do not understand people these days. When commenting on a story, read the facts and circumstances before jumping to conclusions.
Politics should not be mention in the same phrase with copyright, they are absolutely two different matters.
If you are an empty barrel,noncomprehending dimwit read the other comments and shut it.
Well done ECCO. Only in Dominica doing the right thing seems to be the wrong thing to so many people! What has happened to my people? Whether you like it or not Chairman of ECCO, McCarthy Marie, has done the right thing on behalf of all music artists. Now go and examine and educate yourself if you have a problem with this decision. The stupidity of Dominicans nowadays from top to bottom is simply dumbfounding! And they are so eager to display their ignorance is the most frightening part!
Are you Award that Dfc pays such for any Event including Carnival because its a Worldwide Industry practise
We ready for de rooo oo oaadd. Bonjay papa met!!! Hahahahahahahahahahahaahaa
Dominicans wake up from your Red and Blue stupidity….Copyright is not a Mark Marie or political thing…It is the law of Dominica and the rest of the world…there is no layman excuse here…get educated and comply…How long are we going to remain in stupidity?
an who is de a** dat made dat law, u ever hear dat comment how de law is an a**.
You Dominicans are SO IGNORANT, NAIIVE and, quite frankly, you don’t READ and whatever you read you don’t understand it apparently! First, Bunji and Fay-Ann are not the only two performers. What about Daddy Chess and HIS wife? How many original songs does SHERIAN have?? Daddy Chess may have original songs, but Both he and SHERIAN sings music from other artists. Secondly, FAY-ANN and BUNJI will benefit from this licence granted to the VENUE because i’m SURE they are registered with the copyright organization. So they make money during the show and they also get paid for performing their own songs – given that rights are given to the venue! We don’t know if FRANKY BELLOT had ever received a License From Mc Marie to allow his venue to feature copyright music. This could be an ongoing situation that only had its climax today! Y’all jump to so many conclusions. By right, every venue, bar, hotel lobby, wherever copyrighted music is played needs to have a license. Even CHURCHES needs to pay royalties if they play music from secular artists! Yes you read right! Churches! If a bank has a television, they MUST pay royalties to ECCO. If you play music in your BAR on a friday night, you’re supposed to pay Royalties! And why are paid royalties needed? To benefit the artists. But for the artists to benefit the MUST be a member of the organization or else the money that is collected – and let me add may not be much because all of these people are not paying their royalties – will NOT get into the hands of the artists. That whole copyright law..Ascap, SOCAN, BMI….all those organizations that are responsible for live shows and recorded music broadcasted over the air, both here in the caribbean and world wide including USA and CANADA, are for the most part benefiting the song writers, publishers. If Everyone was playing their part in DOMINICA when it came to paying royalties and being granted rights, then the ARTISTS in DOMINICA would never be crying like that. Oh the country hard….oh our music not going no where…o this o that. Wake up and smell the roasted coffee beans Dominicans!! Peace
If a bank has a television, they MUST pay royalties to ECCO. If you play music in your BAR on a friday night, you’re supposed to pay Royalties!
do you just talk nonsense all the time?
Well sir/madame, if you know more than we all do, why don’t you enlighten us with your knowledge? I’m sure we will be grateful to benefit from your wise words. Most business places that has a television on the wall, most of them are broadcasting DBS, KAIRI or Q95. And one of the reasons being that these stations double up as AUDIO for the graphic channels on either MARPIN or SAT. Am i right? Or am i right? What do the radio stations broadcast? News, Adverts and MUSIC!!! You go into a night club, ALL the music being played are from artists. These venues don’t have to pay per each night but may obtain a license based on a flat rate. It may vary. The best person to Answer all these questions are Mr Marie himself, but i’m sure when he posts all of those long articles on DNO, few take the time to read, and then when situations like Krazy Koconuts comes up and there’s a news bulletin, everyone is coming up with their own ignorant statements like they knew so much! For the Benefit of everyone who have been asking questions, I will include a few websites that explain all those laws and reguations etc. Dno if you will permit me…only for the sake of information purposes! Cheers!
http://www.howstuffworks.com/music-royalties7.htm
http://www.eccorights.org/faq.php
@ DA nice got your point understand now,could u give a ballpark figure on how much it wld be lets say for that show cause am wondering how much wld they be asking for thanks.
Thanks for the education
that law is communist dictatorial arrogant and downrighjt stupid and dumb, that is why I shelved my idea of a nite club dat is why Dominica has no descent nite club,
labour versus labour, lets see who will win
They better drop the price if Fay Ann and Bunji are no longer performing. They were the reason I was going in the first place.
DNO can you please ask for a copy of the letter ECCO formally wrote to the organizers, explaining why a copyright music license was needed. And please post it. This is ludicrous! Bunji is an original artist, he just received an award from BET. So why would he need a copyright for his originality? Msteals music not Bunji. Tell Mr. Marie and ECCO to go focus on elevating the content and quality of Dominican music so we can be on the world stage too and gain awards too and be played on the soundtracks of TV series, than to spend that money on injunction. Please. So Bunji and Faye Ann don’t show. Instead of reaching out to international artists you blocking them and creating rifts. Pure nonsense!
Its not Bunji and Fayann….its Krazy Kokonuts that needs the license..
Truly, we are a lawless country, pirates of the Caribbean! Creators of original works have their rights protected by law and ignorance of that is no excuse.None of their work can be performed in public without their approval, with or without payment. The laws on copyright apply worldwide and not just to Dominica. Time we get with it and respect, not only the law but the rights of those who’s creations we enjoy.
Bcuz dey doe ask Ophelia to sing den…..STUPES
You are truly “Crazy” to make a ludicrous statement like that. It holds no water. Mr. Marie’s actions on behalf of ECCO in this case is unrelated to his role as Ophelia’s manager.
Y’all really need common sense and education in this place.
Another case of a big music rights organization trying to flex their muscles in a small venue. BMI and ASCAP tried the same thing in the Virgin Islands with, o fall things, juke boxes in bars! Anything to squeeze a buck out of the little guy. I wouldn’t mind if the actual artists who wrote/performed the music got the bulk of the money, but they don’t. The licensing organization, in this case ECCO, will get probably 3/4 of whatever money is charged for the licensing rights and the artists get the other 26% – if they get anything at all. These outfits are notorious for stiffing the artists.
This is NOT to say that performers should use other people’s music without paying a royalty – they certainly should. But the artist should get it, not some union in disguise with heavy administrative overhead to soak up all the money.
Just now No one will have interest in doing anything in Dominica. We already have nowhere to go on weekend unlike other regional countries that have so much life at nights and on weekends. Krazy is trying to help make Dominica something and yet still they pressing him. PM talk about things for young people and talent etc now this is stifling the same dream that PM is trying to fulfill for the country. Krazy boy whatever payment they are asking for my brother just pay it and let the show move on. One of those days we the young people will not have interest in anything and the country will just stay like that. Why did not Mr Marie take the matter ti the media before tonight and allow people to voice their opinion on the matter on the various talk show. Why wait till late this afternoon to do that to the man and his business.
Krazy garcon leave Dominicans in their business eh Boss. You doh see up to now we cannot have a music association of Dominica and all kinds of association we try to form whether film musics and the likes all of them turning dormant after a while. Its because of all these rights and rights and red tape
@Peeping: Can’t you read? They were written to 30th Nov, 2nd Dec and 5th December which was yesterday; so it is not until this afternoon as you stated.
@Peeping: What PM have to do with that? Is he the owner of Crazy Coconut nuh? Just asking
GOOD QUESTION. The question of the year. Almost went unnoticed.The thing is I really can’t answer this one.Is there anyone out there who can answer this question truthfully. If yes, then please do.After all, it’s the question of the year.(Is the PM the owner?)
Peeping…
….please OPEN 
open your eyes that you are NOT blind to the issues at hand. Mc.Marie has been talking about this copyrights thing for years and has advised all those concerned to comply..
please educate yourself on the subject matter
Question is, does Bunji and Fayann know that, are they part of that decision, is it their own copyrighted music being referred to here? Any answers??
This afternoon on the Digicel Live event both Bunji and Fayan were asked to give the public present a little piece of what they were to expect on Friday night and they both refused.
So what happen Mr Mac Marie is Mr. Rights! Stupes man.
the man and his wife going to sing their OWN music… u have a problem with that????…
please explain cause i don’t understand what ECCO trying to achieve
What ECCO is trying to achieve is that we in the caribbean will have our music and its artist on the same level as those internationally.. I see nothing wrong. And I for 1 am happy with ECCO
Somebody translate all what i read into english for me please…..i do not understand!!
people the show IS ON. All artists will perform as scheduled. don’t give in to all the negativity.
That’s why Dominica will never thrive!! Because everything a man try, small minded, ignorant, boot legged educated, clowns always trying to bring their own people down.
Too much technical terms, lay persons like myself need clarificaton or simple explanation , I may look at it as just a concert with foreign artist . thanks
Hello folks the damn show is alive and well. That is a rumor… I kno trust me. I’ve contacted my sources.. 10 pm tonight….don’t listen to nonsense.
Krazy believes he is king, I support Mr. Marie.I hope he calls his friends Skeritt and Tony to bail him out.
Yes Mr, politics.
ignorance wow!!!!!!! we cannot continue to get everything for free.. Krazy thinks that he is above the law..That is why our artist can never move beyond Dominica, we choose not to educate ourselves and continue to live in a bed of ignorance.
Thank God For Skerrit!
Welcome to globalization!
This is ridiculous, you putting an injunction on the people from singing their own songs w***’s going on
The show is still on but the soca singers won’t be performing.
but what wrong with McCarthy Marie na attention mr want na strupesss
PLEASE NOTE THAT THE SHOW IS ON. DO NOT LISTEN TO THE RUMOURS.
-Someone who knows.
The show is on people… Don’t get it twisted..
What the hell? Boy this thing getting out of hand now…-