Six years after McCarthy Marie, trading as Mark Off Music Publishing Co. and Gordon Henderson filed suit against DBS for piracy of their musical works and sound recordings the Dominica Broadcasting Corporation reached agreement with the claimants for a financial settlement of their claims to bring the matter to a close.
The claimants had previously been granted an injunction by the high court in 2004 restraining DBS Radio from manufacturing, selling, offering for sale, or distributing any phonogram containing the claimants’ works.
In the suit Marie claimed that as the publisher of the musical work “Aie Dominique” composed by Ophelia as well as the song “Coco Sec” written by Phillip ‘Chubby’ Mark, the right to authorise reproductions of these works were duly assigned to him and as such he was the only person able to authorise the reproduction of these works.
Marie thus claimed that the reproduction of these works on a compilation CD by DBS in August 2004 without authorisation from him constituted an infringement of his exclusive right of reproduction.
Gordon Henderson claimed that as the owner of the sound recording of “Aie Dominique” the reproduction of that sound recording on the said compilation Cd infringed his rights of reproduction in the sound recording. Further as owner and composer of the musical work “Rosita” his exclusive right of reproduction of the musical as well as the sound recording were also infringed.
The Dominica Broadcasting Corporation concurred that it had erred in authorising the reproduction of the claimants’ works without authorisation and offered to settle the matter out of court. The settlement was reached on November 22, 2010. The date set for the trial of this matter was November 24, 2010. Attorney for the claimants was Duncan Stowe while Heather Felix-Evans represented the defendants.
This settlement follows in the wake of a similar settlement by Comfortel de Champs to Mark off Music Publishing Co. in March and a similar settlement by Digicel et al to Daryl Bobb in July of this year.
Clearly copyright owners in Dominica are no longer willing to take infringement of their rights without adequate response using the court process with success to protect their legal rights.
Heather it’s time to win something weee.
TO PATAT: can a lawyer garnish? Or is garnisment a matter of the courts which may who knows take six more years? And why do you think these artistes whose works are constantly stolen would owe? Haven’t they paid enough in this “democracy”? Why don’t you publish the names of the prominent persons who enjoyed the banks’ money to study and have never given a dime back? Haven’t you seized enough of Gordon’s properties?Keep on rewarding those artists who aid and abet DBS and demonize those who stand up for justice. Patat, you have appropriately renamed yourself.
TO PEDRO: You seem to know a lot! The guy who initiated this for DBS is not to be blamed.
He was advised in writing what to do and he gave the letters to DBS and you know it. But DBS with the likes of a certain Pedro and others on the board refused to respect the artists and chose to ban and continue hiding behind power…You should be ashamed of yourself!!!
But to Patat and Pedro justice has just started to prevail…look back and keep looking…the best is ahead!
producer u have good head. u askinh when de cd will be on de market. yu asking to continue de tiefing man.
Six years? Really that case took six years? What is happening with Dominica’s judicial system? DBS was wrong. Totally wrong. The CD of those artists songs were used in the compilation of a CD with the intention of making money, not for the artists but for some persons at DBS. That was what was most disturbing. DBS Radio Station itself carried news items about intellectual Property rights. Legislation was passed. DBS knows that their action was illegal.
Their action could be compared to stealing some tins of corn beef at anyone of those supermarkets. DBS knows that before they could use an artists property, his songs, they must first seek permission from the artist, before going ahead to make CDs out of the artists works. DBS just felt that they could do that act and escape.
Mark Marie, Gordon Henderson, Ophelia Marie know their RIGHTS and they have committed no offense in taking DBS to court. It was DBS which committed an offense. Although DBS was wrong, they still were playing strong by banning the works (songs) of those Dominican musical icons on the Nation’s Radio Station for three years.
In the end they must have realized their mistake. To enter someone’s home, steal his TV set and take off with it is correct? I am not surprised that some of you are bashing the artists and Mark. Dominica has become a state where wrong is right and right is wrong. It happens from the top with persons in Public Office and filters to the ordinary people.
Some Dominicans cannot resist supporting illegal actions or stealing in whatever form it occurs. They take pride in condoning wrongdoings. Mark and the artists concerned are absolutely right to prevent or take the necessary action against DBS or any other institution or pirates from pirating the works of artists.
GO TO HELL BOB…. @ MARK MARIE…. IF IT WAS NOT FOR DBS IN THE EARLY DAYS , YOUR WIFE OPHILIA MARIE WOULD NOT HAVE A MEDIUM TO SELL HER MUSIC.. GO AHEAD SUE DBS NOW, IT WONT WORTH YOU ANYTHING ,DBS WILL REMAIN THERE EVEN WHEN “WE ” ALL DEPART THIS WORLD…….
Well done Marie to have the courage to protect whats yours.
i think DBS should stop play their music. IF it was not for DBS then no one would hear their music and now they want to sue BDS for playing their music? STUPES.
What about the other artists whose works were on the CD but did not do like Mark and Gordon….are they not entitled to some small change too?
I think they we should a public arrest of Marc Marie for harassment
When is this man going to stop his madness
give de money to patat…he deserve it!
Bob even telling people who they can work for. I would tell you what to tell Valda to do wi but DNO will not publish it.
Bob as an artist myself i disagree with you. every one has a right to a defense under the law and it has to be done by a lawyer so heather is just doing her job. That’s how the justice system works. On the other hand it is high time that the public and businesses start to respect intellectual property as property and the same way you would not want you name called for stealing a tin of sardines in any super market in Roseau you should not attempt to steal other peoples songs or musical works. We have invested moneys and time like everyone else in or products and we would like to be treated with the same respect as any business owner on island.
Audio Solutions Inc
Jr
Oh shut up Bob…………. Go n look for a career for urself, if its not too late.
Bob that nonsense…if not her it would be someone else….everyone has the right to be defended i court…
Mr Mark marie doh forget chubby nuh.
If these two gentlemen owe the State any back taxes or their companies owe any taxes, Inland Revenue I am asking that you garnish these funds immediately!!!!!!!!
Please direct the lawyers for DBS Radio to hand over these cheques to the Inland Revenue forthwith.
I wonder who had de bright idea to decide to put de people music on Cd. is ok. let DBS take de fall. whatever posseseed de person to decide to do such well I wish de person will help DBS pay back de $20,000.00. I waiting.
I wonder if the CD compilation will now be available on the market.
It’s so good when individuals can come together and resolve their disputes without going the court. I do believe that MEDIATION / ARBITRATION are avenues that should be explored before going to COURT and it is less expensive all around. Now that this matter have been settled we can all move on.
Heather needs to stop defending government entities and other politically tainted clients. She in turn will soon be tainted to the point of professional ruin.
@Bob,