Mc Carthy Marie, Gordon Henderson and Ophelia Marie have sued the Caribbean Development Bank (CDB) for copyright infringement.
According to documents lodged at the High Court, the three have filed a lawsuit against the Barbados-based Caribbean Development Bank for copyright infringement.
Documents filed by Marie, as first claimant, alleges that the bank breached his rights in copyright when sometime between 27th August and 4th November 2015 without his licence or authority, the bank reproduced the musical work “Aie Dominique” by synchronising the work with its pictures in an audio-visual production entitled “Aie Dominique” which purports to show the intervention in Dominica of the Bank after the passage of tropical storm Erika on 27th August. 2015.
He claims that he is the owner of the economic rights in the song by virtue of a music publishing contract which assigned all transferable rights to him.
He claims that the bank also infringed his right of reproduction by downloading the song from YouTube prior to synchronizing it with its pictures.
Marie further alleges that his copyright was infringed by the bank when, without his licence or authority, it uploaded its audio-visual production incorporating the musical work “Aie Dominique” to the video hosting site, Vimeo.com, thereby making another unauthorized reproduction. He further claims that the bank also infringed his exclusive right of making “other communication to the public” as defined by Section 2 of the Act by uploading its audio-visual production to the Vimeo video hosting website from which it was made available to the entire world public.
Henderson, as owner of the rights in the sound recording in which the musical work is embedded, makes the same claims for infringement as Marie made with respect to the rights in the musical work, that is to say unauthorized reproductions of his sound recording and making his sound recording available to the public without his licence or authorization. Additionally, Henderson is claiming infringement of his moral right since he was not named as the keyboard player on the same sound recording.
Meanwhile, Ophelia Marie is claiming multiple infringements by the bank .The singer is claiming infringement by the bank of her performance fixed in the sound recording of the musical work “ Aie Dominique” contrary to Section 26 (1) (c) of the Copyright Act by synchronising the sound recording incorporating her fixed performance with its pictures. Additionally she is claiming that the bank further infringed her right of reproduction of her performance fixed in a sound recording by downloading the sound recording incorporating the musical work “Aie Dominique” from the YouTube channel Babalou without her licence or authorization.
Ophelia Marie is also claiming that the bank breached her copyright when , sometime between 27th August and 4th November it uploaded its audio-visual work to the Vimeo video hosting service thereby infringing her exclusive right to make her fixed performance available to the public.
Ophelia Marie further claims infringement of her moral right by the failure of the bank to indicate anywhere in its audio-visual production that she is the author of the musical work “Aie Dominique”. She also claims infringement of her moral to be named as the principal performer of her performance fixed in a sound recording.
The documents were filed by the law office of Ronald Charles and Associates on behalf of the claimants.
DNO tried to find a copy of the video complained of but it seems to have been taken down from the Vimeo website.
I am all for copy rights, you can’t use a person’s work without proper permissions. The compensation is usually small per person, but get permission. Having said that I’m not sure who exactly has the right approach but it seems to me this is exactly why Dr. Dre became a billionaire twice over by giving out his music for free and others who followed suit saw same results. Correct me if I’m wrong.
It is amazing that some intelligent people in 2016 can’t grasp the notion that nobody can use people’s property of any kind for free or without expressed permission.
Also, judges can’t simply award millions for no reason. The law and the commercial aspects will dictate what is fair compensation.
Zandoli always grudging someone. Thats why he always has money issues time after time and running big edge every 3 months.
I would like to know, if I purchased a CD comprising of Ophelia’s songs and on a holiday event on a beach, would I be wrong to play these songs from my car on the beach while guys coming around while we drinking our booze doing our thing? I was told that there was a situation that a guy in town had a bar with a TV and a cricket match was going on the , the customers would come and sit to watch the cricket match, while some of Ophelia’s songs were being played, the guy was stopped from playing the songs.
I would like to know when some one purchases a CD, isn’t it for their enjoyment, then why sell the CD?
Why when it is about music some always speaks of BIG PAY OFF… the judge will rule the appropriate amount according to law.
Take 5 minutes to understand from the Internet what you can and cannot do with the CD that you purchased any part of the world.
This would appear to be their way of making a living these days.
Why these days? That’s how serious music people have always earned a living.
It is always sad to read about cases where a good corporate guy like CDB is being sued by good artist guys like Marie, Gordon and Ophelia. It seems so unnecessary in today’s information world. It shows that those who create advertisements or promotional material have not kept abreast of the developments in the music field. We are no longer in the 70s, 80s and 90s where anyone could use the work of artists, make loads of money and, in some cases, the artists themselves are penniless. One should always consider the benefit to owners when using their music in any form.
More global public awareness is needed to avoid these cases before they happen.
Very true. A lot more awareness is need where that is concerned.
Dominicans………………… lord help them…remedial classes anyone??? Let the people make their case for their intellectual property….. If it was and other popular international artiste they would have followed the proper protocol??? so let me ask here….why should they not say anything or remain quiet about this???? BECAUSE THEY ARE DOMINICANS LIKE US…COMMON?? Y DONT WE LIKE TO SEE OUR OWN TREATED RIGHT??? U people just make me sick….
jay-z allegedly stabbed one of his producers for leaking his album before its release date….THIS IS SERIOUS BUSINESS PEOPLE..
Don’t give up marie one day u will become a millionaire.
Although this issue on the surface appears to be a claim for money, Dominicans must recognize the work that Mc.Marie is doing in claiming a stake for Dominicans and regional artistes..
Thanks to the CDB for offering continued support in the Region but even they must adhere and uphold the rules otherwise in this regard what progress will be made as a region?
I don’t know what level of negotiation took place behind closed doors before it came to this..
a form of respect to the artist, their work has to be respect, don’t those silly dcans see what’s happening in the US re Trump’s unauthorized use of songs from Beatles, Queen etc. the outburst from their estate and artist?
just a courtesy call or email requesting permission would be fair to the artist,based on the situation……simple..
the CDB, must be above board base on their role in the region as a institution…
standards must be adhered too at all times…the no law no constitution is a cancer to our ability to grow as a people and society!
hmmm interesting .. just doing copyright infringement in my class so this was even more interesting.. hope this will be a fair case
Follow it closely. If its already taken down there is water under the bridge!!
RESPECT MAC…
They are rubbing their hands looking for a big payoff.
I have news for those three. The most they will be awarded is for damages. How much is that worth? My guess is, to a whole lot.
If this song was worth that much, all three of these people would be swimming in money. I don;t think that is the case.
By the time they pay their lawyers. there will not be much left for them.
Sometimes is not about the money but the principle of the matter. If it were any other international artist they would get payment. Respect the artistes and their craft, international or regional.
so tru.. ultimately the inventor work should be respected and permission should be asked to be used at all times.. sometimes we just need to be educated on those things.. principle is principle though matter the individual
None of these people are rich by any stretch, so to tell me they are going to waste their resources on “principle” does not add up. I agree you do not want to set a precedent by having all and sundry use your material without permission and compensation. I get that.
However, you also have to be realistic about the monetary value of what you are seeking compensation for.
A I said, they cannot possibly expect to reap millions from a lawsuit for a song that may have netted them a few tens of thousands (if that much) over the last 30 years.
You have to demonstrate the action of a defendant has done damage to you. If the think you are claiming damages for has little monetary value, it is difficult to make that claim.
It is always about the money!!
You’re probably right, but this is Dr Marie’s hot button issue, so it’s not surprising he’d take this sort of action.
It doesn’t matter what they get, It’s the PRINCIPLE! Make an EXAMPLE out of someone then the others will get a hint!! We need to start sueing more in the caribbean, whether be it by rum or the court system, we are too darn SOFTTTTTTTTTT!!
Zandoli
If they are successful in court they will not need to pay their lawyer, the defendant will…
Marie and others will seek a cost order from the bank at the outcome of the case.
Why when it is about music some always speaks of BIG PAY OFF… the judge will rule the appropriate amount according to law.