Derek Peters files copyright infringement suit against Machel Montano and Lashley Winter aka Motto

Derek “Rah” Peters, Machel Montano, Lashley “Motto” Winter

According to documents seen by Dominica News Online (DNO), Derek “Rah” Peters has filed a law suit in the High Court of Dominica against Machel Montano of Trinidad and Tobago and Lashley Winter of St. Lucia. The suit was filed in February of 2020.

In his statement of claim, Peters alleges that Messrs. Montano and Winter, without his authorization, incorporated parts of the song “Balance Batty” by way of the technique known as sampling into their musical work to create a derivative work. Balance Batty was originally released in 1995 and enjoyed considerable success across the Caribbean including Trinidad and Tobago and St. Lucia.

Peters further alleges that as the sole lyricist and a co-composer of the musical work, his permission was necessary for any part of the song to be reproduced in any manner or form including reproduction by sampling. The sampling of “Balance Batty” was done in the creation of the song ISSA VIBE by Montano and Winter for the Carnival of 2019.

As a member of the business organization W.C.K at the time the recording was done, Peters is also claiming that he is a co-owner of the sound recording and thus his permission was also needed for the use of the sound recording of “Balance Batty” to be reproduced. He insists that since he gave no such permission, directly or indirectly, his right of reproduction in the sound recording was also infringed.

The statement of claim alleges that videos were made of the musical work ISSA VIBE incorporating “Balance Batty”. These videos were uploaded to the YOUTUBE video hosting site and made available to the public by Montano and Winter without his authorization. These unauthorized uploads infringed his right of communication to the public with respect to the musical work and the sound recording. Audio only versions of the song were also uploaded to the SOUND CLOUD audio hosting site without his authorization thereby creating further infringements.

Peters is also seeking relief for the Infringement of his moral rights associated with the song “Balance Batty” since he is not credited anywhere for his contribution to the creation of the song.

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  1. Support
    January 28, 2021

    This was copied from YouTube. Shouldn’t Rah take this up with the two other WCK originators?
    “Lets jam like the 90s with the bouyon sounds of Wck Band. The king of soca , Machel Montano teams up the riddim master, Motto to fabricate a masterpiece. Its called ISSA VIBE and it definitely brings the vibe! Its bacchanal & more bacchanal.

    Composers/Writers: Lashley “Motto” Winter, Machel Montano & Cornell Phillip
    WCK accordian sample played by Cornell Phillip. Permission of use granted by Keith Goddard (Wck Band Manager)”.

    • Tt
      January 30, 2021

      Ahhh Rah needs to shut his mouth. Put his foot in his mouth again. First time when you guys broke up wck in its height. And many other times after that. The sound is legit and pays homage Bouyon. instead of being proud you chose this path to be in the lime light. The song only uses the riddim not your words. Kill your suit and apologize for being foolish

  2. My name
    January 27, 2021

    I shake your hand Rah. Persons doing what they want with other artist music. Sue them.

  3. G
    January 27, 2021

    Folks are seeing this as a money hungry move. If you are an artist you will understand. This kind of stuff occur all over the world. You have to recognize the originator. Do what you must.

  4. Just asking
    January 27, 2021

    Clear infringement! James Brown, the most sampled artist had to beg for recognition. It’s true Montano is world renowned and you fear it could have negative repercussions for local artists, but consider this; Eric Clapton gave Bob Marley DUE credit for “I shot the sheriff”, this act helped Reggae music shoot thru the roof. Why are you scared?

  5. Tt
    January 27, 2021

    I smell a can of worms opening. So many songs sampled by Caribbean artist, but go head rah get your 10 seconds of fame at the cost of hurting our musicians. Always been like that.

    • Just asking
      January 27, 2021

      And your point is?

  6. XYFactor
    January 27, 2021

    Rah also needs to file a law suit for “shell” by Machel Montano, which, to my mind, is a very direct version of W..C.K Konch Shell hit!!

  7. Yanel
    January 27, 2021

    You all sound so dumb. This is clearly a plot to bring some money his way. If you look on YouTube under the video, you will see that both the accordionist is credited by name and listed as a writer and the band manager (by name) is stated to have given permission. No lyric from Balance Batty was used, it was simply the accordion sample. I understand that Rah feels he should be credited and maybe he should have been but is it all that serious to file a lawsuit for something they still got permission for from the BAND MANAGER? Why don’t take up the issue with the band manager instead cause clearly he is the reason you had no idea that such a decision was made. Machel and Motto literally put a spin on the song and reintroduced it which pushed Balance Batty even further and that’s what you have to do??? Did you remember to sue everybody else who used it when they came to perform here for WCMF? Smh

    • king
      January 27, 2021

      well permission is not all .. their is intellectual property involved . Its like this .. if i am in a company with 3 guys and we came up with something new and belonging to us and i left said company . If the company gives someone permission , to use this product . I need to be compensated because it belongs to me as well . i put my effort and work into making it become a product . For example UB40 songwriter sued and won because she was never compensated for her input in the making of a song .

    • Tt
      January 30, 2021

      They want the hand out. Not realizing this will hurt dominicas music just as it’s going mainstream. But oh well do it yalls way. Go for the bag even tho it be detriment to future endeavors. Grow up rah, stay out of music.

    • IP Guy
      December 31, 2021

      That isn’t how copyright works. The band manager cannot give permission to use copyright material he himself does not own, and once the master recording is used all contributors to the work (as it is a joint work) must be credited and remunerated. The accordion player himself doesn’t have any copyright in his playing because the work was commissioned. His work now belongs to the producer and the owner of the master. Even if the sample of the accordion was taken from an instrumental version, Rah was a co-producer and would still be entitled to moral rights and royalties.

      The accordion player would have had to have re-recorded his portion separately and even then the producer would be entitled to copyright in it.

  8. DA767
    January 27, 2021

    This infringement is as clear as crystal!!!!

  9. Sniper B Canefield
    January 26, 2021

    Already Motto said bouyon is from St Lucia lmfao

    • Russel
      January 27, 2021

      Yes he said ot for true lol when I hear mate say dat I was like what?????? Moto going mad man

  10. St. Joe
    January 26, 2021

    As I always say ,Soca, Dancehall and some NorthAmerican music today is based on our original Dominican music .They love it ,but if you say that to Caribbean musicians in the US and Canada, They look at you funny. Example our Cadence Music They speed it up and slow it down . Is just a fact.

    • Lawtaw
      January 27, 2021

      Our Cadencelypso music is literally a fusion of Haitian Cadence Rompa and Trinidadian Calypso , WCK took the riddim box From Antiguan Soca which Burning flames introduced and Bands from the Leeward Island incooperated, including us. Time we educate ourselves and stop that nonsense it’s one Caribbean with the same History and shared Cultures. Bouyon is basically a fusion of the different genres across the Caribbean.

  11. Agirl
    January 26, 2021

    Full support for Rah. All they had to do was put his name down somewhere on the album/online or something and give him his credit. They are too unfair. Rah you are right!!

  12. Lindsey McCoy
    January 26, 2021

    Marshall going to win this case this song came out in 1995 why wait till 2020 to react big up my Soca king 🇹🇹🇹🇹🇹🇹🇹🇹🇹🇹 Marshal Montano

    ADMIN: The song that sampled “balance batty” ,the song Peters claims rights to, was released in 2019. The link to the video is below the article.

    • click here
      January 27, 2021

      Lindsey comprehension is key in communication. Rah/WCK version was made in 1995. in 2019 Machel and Motto made their song using the original song what was made in 1995 without Rah’s permission. the law suit was filed in 2020.

  13. Goodweed
    January 26, 2021

    Thank you. I heard the track all the way in Cali and could believe my ears.

  14. Jay Dee
    January 26, 2021

    Respect to my partner and my bro. It is tome we respect the work of others. Stay in the game my brother, RAH.

  15. Real
    January 26, 2021

    It was time you can’t just stole the man work and not pay for it!! Put some Respect on Rah Name!!

  16. Unknown
    January 26, 2021

    Country broke all man looking to cash in. I like RAH but this seems like a desperate move to me. Awe all know that’s what soca and reggae artist do, they use other people song a lot. Don’t open that can of worms for starting law suits. You guys about to kill what make our music great.
    Listen to most of the reggae love songs, most are remix of some other love song or at least the lyrics were used.

    • Crapo Hall
      January 26, 2021

      Yes, but they they get permission to sample those songs, or give credit to those that produce them

    • River Street
      January 26, 2021

      And your point is that the ones who sample should not pay… RIDICULOUS. RAH has all the right to seek compensation, so get with the reality of copyright infringement.

  17. smh
    January 26, 2021

    GREAT job RAH let them pay self…our music goes on death ears next thing they want to remix it without authorization sue them self! pass the largent :-x

    • awa wi doctor
      January 28, 2021

      deaf not death.

  18. click here
    January 26, 2021

    AMEN!!!! Motto is a copy cat. Granted i like his new 2021 Uber riddim which Carlyn XP features on. But still, dem Lucian like to act like our ole school bouyon is theirs.

    • Lucian Highgrade
      January 26, 2021

      Which Lucian that acting like ya’ll bouyon is theirs? Motto sampled one song and you arrived at this silly ass statement. Get your facts right ok he didn’t have to sample it but he chose to. Our Dennery Segment and all other forms of music we do is totally different from what ya’ll do and that’s a FACT. I’m not saying better just different. SO PUT SOME RESPECT PON LUCIA NAME OK MOUNTAIN CHICKEN.

      • click here
        January 27, 2021

        Ive heard Lucians from the younger generations say ole school wck is lucian music. Ive heard foreigners who have been to st lucia say the same. Ive read it in youtube comments and Dominicans have had to promtly correct them. Not talking about yall segment music. Glad you know about da mountain chi-kun (lucain accent).

      • click here
        January 28, 2021

        He sample it because to this day, Lucians still cant get enough of Balance Batty. It still a staple in yall music diet. You right, he could have sample any other song, but he had to choose it. Asa said it best in his song Bouyon Hot. he said, “look it have a chef in St. Lucia, trying to take the recipe from Asa”
        Asa know what he talking about because Motto use his to make music too. Again trying to steal our traditional use of conch shell. At least in this one he gave WCK their conchshell big up. Know your facts before you talk Lucian Low Grade.

        • click here
          January 28, 2021

          My bad…he say is RAH he trying to take the recipe from

  19. Pal_lotte
    January 26, 2021

    If no permission was given, then you have the right to file the suit! Good 4 U!

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