Local musician Daryl Bobb has sought to clarify a rumour accusing him of not being the composer of a song which he filed a copyright lawsuit against three companies for.
A press release issued this week stated that at an Alternative Dispute Resolution meeting on Monday, telecommunications provider Digicel, events promoter Peter Prosper and Paz Travel agreed to settle a court matter with Bobb by compensating him with an undisclosed sum, for infringing the copyright of his song entitled “Noel Oh”.
According to the press release, the lawsuit claimed that Prosper without authorization reproduced “Noel Oh” in an advertisement for the benefit of Digicel and Paz Travel. The lawsuit was filed in 2007.
However, some persons believe that Bobb had no right to bring the matter to court because he is not the rightful owner of the song.
“I feel we all have a responsibility to share knowledge especially when basking in ignorance seems to be the order of the day, so for the information of those who are doubtful as to whether the song in question belongs to me please be credibly informed that the song “Noel Oh” which forms part of the nine other songs on the “Sunshine Christmas” album was written and composed and co-arranged by me in October of 1997,” Bobb informed.
He asserted that he is the owner of the author’s rights and publishing rights of the song, which was penned while leaning against a gate at the Nature Island Studio in St. Aroment.
Bobb is the chief executive officer of a publishing company- Seventh Silver Star Inc- which administers the publishing rights in his music.
“One of the contributors to Dominica News Online so rightly stated that most of the other songs in the ‘Sunshine Christmas’ album are traditional songs and are therefore in the public domain. It is on this basis that they were rearranged and made part of the album, so to those who think that I should be sued for their use please go ahead and inform the owners of what has been done, so that they may take necessary action. .. I own the performing rights in those songs anyway so I too have rights there but only in the versions of those songs that I recorded not in the traditional versions of course,” he explained.
The Sunshine Christmas album has “re-announced” Dominica to the rest of the world, Bobb believes.
The Chief Executive Officer of Seventh Silver Star Inc., advises naysayers to let their words be inspired by credible sources of information before being so critical.
Meantime, he expressed gratitude to his attorney Gina Dyer-Munro, who has worked relentlessly and meticulously, as well as Julien Johnson, the mediator, with his attentive and professional demeanour. .
@sot: that’s true
@Musician/ Producer: Bobb stand a better chance of exposure from these ads than from ppl purchasing his music. he figure he would make more money from these law suits than he would ever make in his lifetime as a ‘musician’.
Bobb needs to eat humble pie period! He is so full of himself it nauseating. Coming and talk about he was the people’s king…lol.
@Musician/ Producer: Wait so all you planning on charging bus drivers for playing music? You don’t think that is taking it too far? I am all for intellectual property rights and making corporations pay for unauthorised use, but that charging of bus-drivers bordering on the ridiculous. Next thing if I having a bring-your-bottle-and-come at my home all you can just call police for me for playing all you music? So after i patronise the muscian/producer by buying an original CD I must still pay to listen to it? Whether or not the bus driver playing music people will still ride the bus, is not like the music is an instrument to generate sales. Just when I started getting more patriotic about my local artists all you starting to put a sour taste in my mouth….in a little population of 70,000, I find some of our artist getting to Voracious.
@Lustybustybabe: You have some interesting comments. I am not sure what arrangements were made regarding the ownership of the song in question, “Noel Oh”. The thing is with ownership is that the song is not owned by a person as soon as he/she writes it. He must register that song with a copyright agency. At this time we do not have one assigned to artists operating in the Eastern Caribbean. We must resort to registering with foreign organizations (COTT, BMI, etc) or the old fashion method of sending a copy of the music (lyric sheet, musical score, master recording, etc) via registered mail to yourself, the writer or owner.
So in the absence of the above mentioned arrangemtnt, someone can come into the ownership of a song or songs quite easily. It might be that Bobb came to “own” or “co-write” the song that way. Regardless, if the mediator deems that the method by which ownership was acquired is legal, then Bobb is in the right legally…
@sot: So you think that advertisers should be allowed to use a musician’s music free of charge in an advertisement geared at gained them more exposure and thus more customers??!! Why shouldn’t the musician and owner of the song be compensated for the music? What you should do is try making advertisements without music and see how that works. Try living without music all around you and see how much fun that is. Only then will you see the important role music plays. If music is THAT important and it isn’t free to create that music, then of course its owners should be compensated. Simple logic I think.
@Musician in Foreign: So everyone who makes a remix or uses a significant portion or another person’s song is “talentless”? Laughable…
@anonymous: So you really think that bus drivers will or should increase fares because they will be charged with paying at most $100 PER YEAR (approximately) to play music owned by other individuals?
@Musician in Foreign: Most of the songs on the CD are traditional songs and are therefore in the public domain… that is a direct quote from the article. What this means is that anyone can re-arrange and re-record “Jingle Bells” for example, and call it their own. This is done all the time by big-time artists, Beyonce, Celine Dion, etc. They do not need permission from anyone to do so because of the nature of the original composition. He (Bobb) would not need to be owner/CEO of a publishing company at the time to do so. However, the rights to perform those songs in public would have to be licensed to Bobb or any other artist and I hope he paid for those rights.
But I think the issue is with an original song that was co-written by Bobb. As a co-writer, he is part owner and it is within his rights to seek legal redress for misuse of that song.
I think we need to take these copyright laws more seriously. I’ve read a few comments on here about Bobb making or not making money from his music, but the fact is that in the music industry, licensing rights is a big source of revenue for writers, producers and artists. We cannot keep stealing intellectual property and using songs, etc. as if we’re the rightful owners.
I am happy that he was successful with his case. As for his attitude and his comments in this article… well Bobb will be Bobb. That should not take away from the fact that he is within his legal rights to defend his property.
@Watching: There is no point in publishing the names of Dominicans who are members of our various societies since we represent the interests of all holders of copyright in musical works all over the world with respect to their right of public performance, broadcasting, cable transmission and online use; more than a million persons and music publishers in total.
In fact Dominican musicians and publishers are members of SACEM (the French Organisation) PRS ( the UK organisation). GEMA ( the German organisation ( ASCAP) and BMI the (US organisations); TONO (the Norwegian organisation). If you are really interested in knowing how this business works you would take some time to check out the websites I listed yesterday, but if you simply want to make uninformed derogatory statements on this forum then continue to wear your ignorance as a badge of honour. No can stop you from doing that.
@rubbish: Interesting that u know the size of my pocket!!!!
@Mc carthy Marie: Publish the names and particulars of Dominican musicians, etc as it pertains to the Dominican public. I do not want to get into trouble if you walk into my business place and hear me playing copyright music.
Please publish it in the newspaper, DNO, Marpin, SAT, etc. I need to know urgently.
@Safire: true thing
@Celus: i agree
It’s his flipping song! Otherwise the mediators would deny him and send him home , giving the other parties win. It’s the law!
Then don’t pay your taxes and see what happens, IT’S THE LAW. Get together you-all and get the I.P laws changed and then get your way, then you win.
@Mc carthy Marie:
mr mac is only when alu pockes running down a bit u all find all kind of gabbage to rip off the poor ppls pocket
‘so to those who think that I should be sued for their use please go ahead and inform the owners of what has been done, so that they may take necessary action. .. I own the performing rights in those songs anyway so I too have rights there but only in the versions of those songs that I recorded not in the traditional versions of course,” he explained”
YOU KNOW YOU HAVE A LOT OF NERVE. YOU are a spirited individual taking a public stance and offering a dare to something that is not yours, was never yours. Who gave you the publishing rights mr Bob? who did you communicate with that authorised you to re-arrange, record, sue, own rights to this song? WHOM? name the family member. You were left alone because it was felt you are Dominican and why bother, all that was ever hoped was you would acknowledge this wasn’t your work and give credit to the originator, now you’ve gone ahead re-arranged, you’re now claiming to have ownership to publishing? how dare you.. ? if you take a minute to be less wrapped up in yourself by now you will come to realise that I know a lot more about this music, the rights to ownership and publishing than you do. You have NO AUTHORITY to use this song, record, or publish and we will see you in the legal room since you want to be so brazen!
Mark Marie lately seem to want to be in all source, always seeking attention in the public domain. nobody cares about you and your laws. By all means artist have to be paid, but if I take my money and buy an Opehlia cd then throw a house party or beach party you have made it clear that you should somehow get money off that and that is utter rubbish. I want Beyonce or Stevie Wonder to tell me when I can play their music in my home, or car and how many people can listen to it at a given time.
Now to Darryl Bob, who gave you permission to rearrange this music that you are now suing for and even trying to defend?what date and time did you meet with the person who is the rightful owner of this song? WHEN? This is not your music!! you didn’t pen that song, and many of those on that very cd. I believe firmly that artist should be paid for their work, I’m against piracy but you DO NOT have any rights to publish that music contrary to this outlandish defence you are presenting.
The family of the originator of that song needs to sue you double. The man didn’t sue you, you never once acknowledged him and now you’ve gone on to sue for the music. So what are you saying if his great grand son decides to sing his song in public now you will sue him? You just opened a can of worms! Have you given any royalities to his to him, to his family? you have too much guts and Mark Marie even helping you.
@Mc carthy Marie:
go find proper work to do and stop profiting on otheer peoples work!!! lazy brat
Don’t you think the people who originally owned “Noel Oh” should sue Mr. Bob for changing their song. Ha Ha Ha
@Mc carthy Marie:
A lot of comments here show that some DA people are not yet aware of how certain things are supposed to “work” in the music industry worldwide ….and that includes Dominica….keep on trying to educate them….to make the horse drink, just get it thirsty…lol.
@ it would be much more useful discussion if you guys and gals did not keep hiding behind pseudonyms which of course is your right so to do. Since somebody who calls himself or herself Inc was interested in the membership of persons who are represented by our organisation my intervention was an attempt to help him or her get the answer, although I amnot quite sure what the person would do with a list of more than a million persons> as it happens I am just watching Triple K playing in Belgium and I know for a fact that the songwriters in that band lost a considerable amount of money because none of them is a memebr of a Performing Right organisation.. HOW SAD THAT THE MILLION DOLLARS WHICH THE GOVERNMENT IS PUTTING AT THE DISPOSAL OF MUSIC PEOPLE IS GOING TO BE A COMPLETE WASTE BECAUSE SO FEW PEOPLE WANT TO INCREASE THEIR KNOWLEDGE OF HOW MUSIC BUSINESS WORKS!
well i conclude that all the advertisers will have to do is pay to make their jingles and leave those ppl music just where they are…in the studios. let’s see how far they will get as musicians. then again they are already not going anywhere and that’s why they are trying to make money suing ppl for giving their music airplay. how dumb!
@Mc carthy Marie:
oh stupes man go makes urself useful nuh…….
@yout: Just who is this person you’re speaking about? Can you let us all know who he is?
to reply to your question:
Check this link to Cisac website which lists all the music societies in the world. You can then go to each societies website and get the list of their members;
http://www.cisac.org/CisacPortal/menu.do?method=change&menu=tools&item=item1
If you want to read about how te whole copyright thing in music works just go back to CISAC.org
if you want to check the ownership and splits of most songs you can find it here:
http://iswcnet.cisac.org/ISWCNET-MWI/confirmLogin.do
Here are a couple websites of societies I know off my head.: prsformusic.com; sacem.fr; ascap.com;bmi.com ; http://www.cott.org.tt/ ; http://www.coscap.org ; and of course our own local society headquartered in St. Lucia: eccorights.com.
if you really want to delve deeper into copyright go to this websitewhich belongs to the World Inteelectual property organisation(WIPO) wipo.org
@Celus Talent is originality,creating ur own.What mr bob know well is how to be a parasite.
Daryl is enjoying his little moment in the sun and is enjoying
The point we need to look at is the laws that give him the right
To sue and get money off people for music that he has just changed
One or two things.
Think about the fact that poor people may soon have to pay more to
Ride the bvus so that Mark Marie can sit like a fat cat. Think about lil shop owners
Having to pay the same way. Think about the fact that music was stopped by
Mark Marie at our historical one day cricket matches.
Think about the fact that Dominica will always be an importer of copyright material and ask yourself
Who is really benefitting from these laws.
@Learn to reason:
i agree with u mr love to hear his voice…..ppl asking intellingent questions and they ignorant….stupes…..STOP WASTING VALUABLE NEWS SPACE ON DNO N GO MKE SOME MUSIC THT DONT MKE THE GENERAL PUBLIC NAUSEOUS!!!
I don’t see why people can hate on bobb so much. He is merely doing what is very common in the entertainment industry, merely protecting his copyright.To be critical of him is understandable, but the other side had the benefit of counsel too plus your big mouths and still lost; so grow up and stop being sore losers and jealous of other people’s talents!!!!!!!!!!!!!!!!!
My question to bob is :Did u inform or ask the original songwriter or who has rights to the song that u were going to rerecord their song>Did u get permision from said parties to rearrange and record the song?It’s not because u in dominica and think that u cannot be counter sued for copyright infingement just like u sued digicel.If u got permission to rewrite and record then u have all ur right to sue and talk ur nonesense,otherwise u now have to be aware that u can be paying more than u got.Advise:Get up of ur lazy mooching ass and write original music be ur own self in the music world.Then we will have no reason to dispute ur claim.
you all are just jealous…………get a life. I wonder what he do all u so….leave the man alone
Bobb, you just spoke a pack of nothing. Your statement has left me no clearer than before. Come again Bobb! I expected better articulation from you, after all you are the calypsonian with best diction!
While we are on the Intellectual Property rights, could you please publish the list of musicians/ artistes who are under the copyright protection with Mc Marie?
these ppl were doing u a favor to even use that song in their ad. if anything u should be paying them. ur voice is soo nauseating and u dress and move like u r stuck in a time warp. man get over urself. stupessss
What I understand by what Bobb is saying is that the original song/lyrics had become public domain but the ‘remix’ that he produced was his property. Fair enough.
I’m not a big fan of Bobb’s music but i’m real glad he took a stand and followed this copyright infringement thing through to the end. That in itself was admirable.
Well done Bobb!
Why is this man coming on DNo to defrnd rumours about a situation that has already been sellted? So you must respond to everything you hear people say? Why some people like noticing so ?
the real owner and writer of the song is now in a sad state walking around the streest of roseau.getting rich off the hard work of others who can surely do with some of “thier” money right now…Bro only if ……GOD IS WATCHING………..HOLD ON M.D
dominicans are soo ignorantt….the song in this matter is nwell o which is bobb originall song…a big ompany like didgicell should be aware of copyright laws…and the infringment of an artistes right they would never do it…..in an other island…why domininca….somtimes i wonderr whyy ….to even botherr….but wen the finall bang on the table happens…bob will bee victoruous and digicelll will have to settle out of court and people if u are ignorant of an issue stay quiet @ learn to reason and salop……………….dddddddddddddd…………………………..mmmmmmmmmmmmmm…………….ssssssssssssssss
aalas he enjoying his 15 minutes of fame…..allu back off u know so long he waiting for it let him enjoy his last 2 minutes before he becomes invisible and insignificant again.
@ learn to reason
I agree with you…mr love the sound of his own voice, he want to call ppl ignorant, when they are asking intelligent questions, so because he re-arrange some songs and add a dominican/ caribbean vybe to it he checking is his…and even want to sue ppl??? The way I see it…..Bobb is the ignorant one….STOP WASTING VALUABLE NEWS SPACE ON DNO SITE EH BOY………stupes!!!!
You have not made your naysayers or even the public at large any wiser nor removed us from our ignorant state. The songs were not originally penned by your for sure we know. Yes you rearranged them but were you the CEO/Owner of a publishing company when you first rearranged remixed these songs, since you seem to allude that you are the owner of a publishing company and that in itself gives you rights…is that really so? Am asking?
This is now a public affair and if know we are ignorant on the issue and felt inclined to comment on the comments made then please give us a more informed and reasoned reason then what is penned above. After all your lawyers were able to convince the mediator that you had ownership rights so please do better than that.
This is the most money this dude have made in his music career,by sueing someone who help to promote his music which sucks.this money is the death of your stupid music.no more ring ting ting,everybody grow up.
Stupes!!! But Bobb would do anything to have people hear him talk. DNO comments you responding to my boy? Nothing better to do? No other songs you need to “co-arrange”?
STUPESSS!!