High Court judge Errol Thomas, has ruled that the injunction which was served to the organizers of the ‘Differentoloy’ show which took place at the Krazy Koconutz on December 6th, 2013, was not served according to law.
According to the Chairman of the Eastern Caribbean Collective Organization for Music Rights (ECCO), McCarthy Marie, a court order was issued to the organizers of the show but it was not adhered to and an explanation was expected to be give in court on Friday.
The injunction was granted after the organizers failed to obtain a license for the use of copyright music at the concert.
But at the hearing on Friday the judge ruled that the order was not served properly.
“The judge said we gave an order but we did not serve it correctly and there were a little complication,” Marie explained.
He further noted that they were supposed to return immediately to the judge when the order was not observed but they did not do that.
“The order was given based on the facts that were presented, but what we did with the order wasn’t done according to the law procedure,” Marie said.
According to Marie, the order was not served on Frankie ‘Krazy T’ Bellot, the owner of Krazy Kokonutz, but to the manager of Nature Island Communications (Kairi FM).
He said that going forward, there are very few options left pointing out that they can either appeal the ruling or to accept it as that and go ahead and file a substantive claim for infringement.
DNO tried to get a reaction from Bellot but he only said, “I doh want to talk to all you” … and used explicit language unfit for publication.
So Mr Marie say he was wrong, he did not do it properly but UPWee desperadoes still blaming krazy tee? sTupes no wonder nodoby listneing to all you
Remember I said it before “Hope you can win this one Mc, knowing who directs law here in D/A”
It appears that there are 2 law systems running in Dominica. If allu remember well, when the prime minister had to be summon to the dual citizenship hearing, he refused to accept the sermon and it was given to his lawyer instead. That time the the judge did not say anything about it being done improperly, now when a court order is given to Krazy’s Manager on his behalf the judge wants to strike it off as improperly served.
What double standards one sees in these kangaroo court system!
* corrections: SERMON==>SUMMONS
understand the law properly my friend. the reason why each and every business has its own tax number is because they are seperate entities. Example: if the you file a matter with ‘KFC’, you dont drop the summons at ‘save a lot’ claiming its the same owner.. you will loose everytime
dem fellas have good lawyers
As i see it, the incompetence of ECCO’s lawyer has cost them some money.
Mr Marie as well, he should know better…and ppl this has nothing to do with the Court, u have to file and do wat you doing properly, Marie should hv known better…plus its time the artists and other stakeholders start reviewing and understanding the issues relating to IP, patents and copyrights, its is for their own benefit!
Why was it necessary to state in the article that he used explicit language in response to the request for a comment. He declined to speak with DNO after the verdict would have suffice.
One Love Dominicans
My sentiments exactly! The report and the Editor should know better! SMH…
This Dominica of ours…some of us can break the law and find something sometimes called a “technicality” to get away with the offences. It has happened over and over again…
And The Band Plays On!!!
Why should crazy T respond to D N O or any other media or person?!! All those persons who are now responding are UWPITES. YOU ALL WERE GLAD WHEN THE PREVIOUS COURT RESULT LOOKED BAD FOR CRAZT T; so why those comments Now?! To hell with you all, it’s not your damn business.
So the injunction was not served correctly and the
substantive claim for copyright infringement is ignored. In other words the rights of royalty payable to Bunji Garlin and Fay-Ann Lyons and any other owner of copyright for the performance of cover songs they might have performed has been rejected based on little complication. Can someone advise what is the correct way for an injunction to be served according to law? So based on complication of law, a violation of the copyright legislation is being legitimized? Does 2 wrongs make a right!
@Anonymous. I agree with your comment. It seems that the procedure is more important than the substance of the case brought before the Curt. I would want to believe that if the Court granted an injunction, it should be the responsibility of the Court Bailiffs to serve the instrument. So are we saying here that the person(s) who served the instrument doesn’t know the difference between Krazy T and the Manager of Kairi? Probably the document was addressed incorrectly, so the deliverer simply did what he was asked to do.
Don’t really understand that. Ignorance of the law is no defence. Doesn’t that apply in this case? Maybe some of our lawyer bloggers can explain please. Thanks
Marie leave Krazy alone the man working hard to earn a living.
if he was such a hard worker why would he be on radio talking a whole ton of garbage for politicians… you do not find nassief, burton and other business owners doing that.. they just making their money and not worrying about those dumba$$ Dominicans who will die begging politicians that stealing without discretion…
krazzy is like the fool who is dying of thirst in a place with lots of rivers and waterfalls
So me as a musician have no right to earn a living? Is we the writers and composers that ensure that there is music for a show…. Why should we not get paid?
These guys own the court. u cant expect to win them in court but even that too shall pass. One day things must get better.
DNO expect nothing better from Crazy Tee ,,he will never change..
What do you all expect from a gutter rat?
Sore and wont talk.
Birds of a feather sleep together. No law no constitution and prevent me from doing what I want to do, go to hell, go to hell. Explicit language , just let those guys get back into power, DNO watch your tail.
But you r making no sense. The man party is already in power and the media has never been more free to exoress itself. what youbreally mean is: “just let Lennox and crew get into power and everyone better look out!!!”
Explicit Language? So he is not happy about the ruling man? Lord Help us in this POOR COUNTRY.