ECCO files appeal in landmark copyright case, citing judge’s finding of “real prospect of success”

Court Revives “Pinknic” Dispute, Distinguishing St. Lucia Megaplex Precedent in Favour of ECCO’s Standing

The Eastern Caribbean Supreme Court’s Court of Appeal has reignited a pivotal copyright battle, granting the Eastern Caribbean Collective Organization for Music Rights (ECCO) leave to appeal a lower court’s dismissal of its claims against promoter Neon Briggs and the Dominica Government. Justice of Appeal Esco L. Henry ruled the case presents a ““real prospect of success”—a critical threshold under regional procedural rules—paving the way for a precedent-setting examination of copyright liability for public events.

Case Background: “Pinknic” and the Megaplex Precedent

The dispute centres on the “Pinknic” concert/party, promoted by Antigua-based Neon Briggs at Dominica’s state-owned Botanical Gardens on February 11, 2024. ECCO alleges the event featured unlicensed public performances of music works from its protected repertoire.

The Attorney General initially secured dismissal of ECCO’s claim in December 2024, relying on the 2019 St. Lucia Megaplex case, where the Court of Appeal ruled ECCO lacked locus standi (legal standing) to sue in its own name. However, ECCO argued its role here differs fundamentally: unlike in Megaplex, where it acted as a licensing agent, ECCO now asserts “direct ownership of public performance rights” for the disputed works, granting it standing under Dominica’s Copyright Act.

Court’s reasoning: “Real Prospect of Success”

In her Chamber Order (**DOMHCVAP2025/0001), Justice Henry emphasized:

“The court considers that the appeal would have a real prospect of success… [ECCO] has met the threshold for the grant of leave to appeal.”

The ruling signals scepticism toward the Attorney General’s reliance on Megaplex, noting ECCO’s evidence of direct ownership distinguishes this case. Justice Henry further highlighted novel questions about whether private and /or Government-owned venues share liability for copyright breaches occurring on their premises.

ECCO’s Position and Key Arguments.

ECCO’s application, supported by affidavits and submissions, contends:

1. Neon Briggs failed to secure a public performance license for “Pinknic.”
2. The State of Dominica, as owner of the Botanical Gardens, is jointly liable for enabling unlicensed use of copyright protected works.

McCarthy Marie, ECCO’s Licensing Agent for ECCO, stated:

“This ruling affirms our mandate to protect creators of musical works. Unlike the Megaplex case, ECCO here is the rights holder, and we will vigorously defend the principle that licenses are non-negotiable when third parties profit from creators’ intellectual property. We fully expect to prevail at the appeal”.

Next Steps and Implications

– The case will proceed under the 2023 Revised Civil Procedure Rules, with hearings expected by mid-2025. A victory for ECCO could compel promoters and state-owned venues to implement stricter licensing checks. Legal experts say the appeal will clarify:
– For Creators of Musical Works: Whether Collective Management Organizations with direct rights ownership can bypass Megaplex restrictions.
– For Governments and other venue owners: Liability risks for copyright breaches on private or public property.
– For Promoters: Legal obligations to verify licenses for events.

Broader Context

The case underscores tensions between copyright enforcement and the live-events industry. Public performance licenses are mandatory under Dominica’s Copyright Act, with fees distributed to creators of musical works. ECCO’s claim seeks to reinforce accountability in an era of proliferating festivals and digital content use.

Martin James ECCO’s CEO emphasized: “This case isn’t about stifling creativity or hindering business in the orange economy, it’s about ensuring that rightful owners control how their works are used and ensuring that the rights of creators are respected. We must change the narrative of infringement, particularly by the very authorities responsible for upholding the law.”