Chairman of the Eastern Caribbean Collective Organization for Music Rights (ECCO), McCarthy Marie, has said that organizers of the “Differentology” show which was held at the Krazy Kokonutz on December 6th, 2013, will have to explain themselves in court after defying a court order.
According to Marie, an injunction was filed and granted by the High Court on Friday evening, December 6, to prevent the staging of the concert which was featuring Trinidad soca artists, Bunji Garlin and Fay-Ann Lyons, after the organizers failed to obtain a license for the use of copyright music at the concert.
Marie told Dominica News Online that attempts made by him to make a license available to the organizers after the injunction had been granted, proved futile.
“At about 10:20 I went down there I made copies of the license ready for signature, they were ready to be signed. I tried to get in to talk to one of the managers and I wasn’t able to get in so we never had any discussions about signature or any documents but I did hear music playing.”
He added further that according to the court order, the parties are supposed to return to court on December 20 and Marie says he is ready to present evidence that the organizers did in fact play music from the repertoire of ECCO.
“Whether we had an order or not it does not really matter because they would have infringed our rights in any case unless they got the order vacated without our knowledge.”
Marie noted that contrary to what uninformed persons believe, Bunji and Fayan do not have control over the licensing of their music since they belong to copyright organizations.
“They are members of COTT (Copyright Music Organization of Trinidad and Tobago) and their right to public performance has been assigned to COTT so they themselves are not authorized to perform their music in public. So that is why I never bothered to contact them because they have no locus standi in the matter.”
Locus standi is the ability of a party to demonstrate to the court sufficient connection to and harm from the law or action challenged to support that party’s participation in the case.
Marie emphasized that Bunji and Fay-Ann were not the only musicians performing at the show and music was not performed only by live musicians on stage. However, copyrighted music was performed and that, he said, was in violation of the injunction.
He indicated further that the injunction was not filed specifically against either Bunji Garlin or Fay-Ann Lyons or any other performer at the show.
The injunction, which was filed against Frankie Bellot, Krazy Koconuts and Island Communications, stated, “Until further order of the Court, the Respondents whether by themselves, their servants or agents, are hereby restrained from putting on or permitting the Concert or any concert at the Krazy Kokonuts scheduled for Friday 6th day of December 2013, or from putting on or permitting any other public performance of musical works in the repertoire of the applicant (ECCO) without first obtaining a license to do so.”
In that case, why bother buy music? I’ll just listen to the radio, let the radio station pay.
KNOWLEDGE IS POWER
HOW DO YOU THINK DEAD ARTIST CONTINUE TO MAKE MONEY?
DOMINICA SHOULD HAVE PROGRAMS WHICH SHOULD MAKE PEOPLE CONSCIOUS OF WHAT IS GOING ON IN THE WORLD.
IN AMERICA IT IS REFERRED TO AS ROYALTIES.
As far as i am concerned Dominica’s music these dayz are not catchy,they are only for local consumption..These songs are too lyrics oriented…the music fans are teenagers and young adults mostly in today’s world.If we want our music to play we have to develop new or blend with the trend to coincide with our own flavor.Then maybe people will listen.An example ‘P square’ blending African melody with pop..
How can I purchase a CD and after having paid for it evertime i play it in my place MacMarie has to extort money out of me for copyrite??? I am not reproducing or copying or otherwise selling the music. Is that a legal technicality for persons like Mac who has no music of his own to make money from artists hard work? Well if that is the case then music sales of artists will sink very low, because i cannot buy a CD and pay Mac Money every time I play it in my establishment. Nonsense.
Sam, are you the owner of a bar or another establishment frequented by the public? If so, then playing music (the radio, TV or a CD/MP3’s, etc.) constitutes a “public performance” and royalties are due. On the other hand, if you are talking from the point of view as a private individual enjoying music at his home, then this use doesn’t fall into the realm of a public performance.
However, if you host a party at your home and play music, this is a gray area as far as collection of royalties. Here it is that the copyright music is on “display” or being “performed” for the public (yes, this includes a private party). In most cases I’ve read about, collection agency representatives exercise discretion and do not approach the host for compensation. If there’s a cover charge for entering that party, some agency representatives might use their discretion in another way.
When you buy a CD (or digital album) as an individual, you agree to use the music contained in that CD for personal consumption. The EC $20-30 charged for that CD is really just a token fee compared to the amount of time, effort and money that goes into writing, producing, releasing and marketing a musical project. Further, through strict interpretation of copyright law, the average person infringes on the copyright holder’s rights everyday by copying a CD onto your laptop, smartphone, external hard drive, cloud service, etc*. However, these are all areas for your personal consumption and so rights holders and the legal system allow this to go on.
*Rights holders have the SOLE and EXCLUSIVE right to copy their intellectual property.
But, when you – as an individual who initially purchased music for personal consumption – begin to make money from the use of that copyright material (background music in a bar, restaurant, etc. DOES add to the establishment’s ambience and it DOES affect the mood of customers) – then the owners of that material ought to be compensated accordingly. That is why we have organizations like ECCO and others.
Great contribution, Yyuri A. Jones! Someone seems still not to understand that the agency collects for the singer of his own song. Let’s imagine the singer also wrote all his songs. The promoter of the show pays him for the performance that night and if he is intelligent and professional he will have registered his song with a copyright organisation which is networked all over the world to collect his pay as owner of the song on his behalf. His only other option is do reason like some of the idiots and do not register and dream that it is possible to collect from every radio, bar, concert, night club all over the world him/herself….Indeed some do it but they are few and far between.
I understand that most music listeners and fans don’t understand the issues of copyright and royalties. I will try to explain, as my friend Mantius did in the previous article:
When a registered songwriter writes a song, he ought to register that song with a performance rights organization (PRO’s) like ECCO or COTT. These organizations are charged with monitoring public performances of copyright music in their country or region. ECCO, for example covers the Eastern Caribbean islands, and each country in the union has a representative who liaises with show owners, promoters and festivals so that a one-time license can be issued to these events, allowing the collection of royalties for the public “performance” of copyright music. Representatives (such as McCarthy Marie in Dominica) are also supposed to work with broadcasters, clubs, bars, restaurants and other establishments who regularly play music for the public so that an annual license can be issued to cover the public performance of copyright music.
(In this case, “performance” means any public broadcast or an instance where copyright music is played in the public space.)
By right, promoters and owners of shows and festivals ought to approach ECCO representatives before the hosting of that event so that the show can be licensed well before it is supposed to occur. In fact, ECCO offers a discount on that license if it is obtained 10 days before its scheduled date.
Many people wonder “so an artist cannot even sing his song?”… We must realize that ECCO is tasked with collecting and compensating the songwriter and NOT the artist. In many genres, teams of individuals come together to write one song. As an example, if you have a CD released by an artist who’s backed by a major record label, take a look at the credits (found in the booklet that might also feature a bio, song lyrics and other information). It is likely that groups of individuals are credited as songwriters for many songs.
In most instances (barring court injunctions, and the like) an artist can perform live ANY song written by any songwriter even if it was originally recorded by someone else and regardless of their location in the world. Most of us are familiar with live shows and performances, and we know that it is commonplace for the performer to sing songs originally sung and recorded by other artists… this happens all the time and it not illegal. Well, in Dominica it is Mr. Marie’s job to ensure that the public performance of the songwriter’s song is noted so that he/she may be compensated at a later date.
Some people ask “how can Marie represent all artists (writers)?”… Well, that’s the way the PRO’s want it to work, and it is probably the most efficient method of monitoring and collecting royalties for writers. There are numerous PRO’s around the world; we share ECCO with the other ECCU countries but most large countries have their own PRO. It would be impossible for the PRO of South Korea to monitor public performances of “Gangnam Style” in Dominica. The same is true if “#767″ becomes popular in South Korea; it would be impossible for ECCO to monitor the performances of that song in South Korea.
So PRO’s around the world have signed reciprocal agreements with each other that allow each PRO to represent the interests of copyright music controlled by all other PRO’s (those who are party to that agreement) in their own region. This means that Mr. Marie is effectively the representative of Sean Paul, The Beatles, Katy Perry, Bunji Garlin and all other songwriters who have registered their music with PRO’s in their country or region. This is what gives him the authority to ask that promoters get a license to host their event. Further, most shows will feature copyright music – think of our DJs, local bands, etc.
Yes, songwriters must register with a PRO in order to be covered and serious songwriters ensure that they and their material are registered with a PRO. International stars like Bunji and Faye-Ann are indeed registered (with COTT).
A few local artists and songwriters lament that while ECCO boasts of paying thousands of dollars to writers (more than $400,000 in 2012), they (the artists/writers) who are registered with ECCO have received nothing or very little. There’s a reason for this. The sum collected by ECCO represents royalties that have been collected for songwriters around the world (throughout the previous year), not just those in Dominica and our ECCU sister countries. The money is pooled together and distributed based on a formula that’s supposed to factor in the number of performances, the medium performed on and the size of listening or viewing public (among other things – most PRO’s do not publicize their formulas). Mediums include TV, radio, festivals, shows, etc., and a big chuck of that $400K will be paid to writers who are not Dominican.
Advice to local musicians: (1) register with a PRO; (2) write more original music that is catchy and appealing; (3) try to broaden your fanbase beyond Dominica’s borders.
Advice to music lovers: (1) support your local artists and request their music on your favourite radio station; (2) encourage your place of work and business owners you know to register with ECCO if they play music in their place of business. The annual licenses are very reasonable; (3) encourage your friends and family overseas to play and listen to Dominican music.
We all have our role to play.
Yuri, since by your admission most of the money colloect by ECCO is exported out of the country, is there a net infow of cast to our artists? If not why do we have an organization in Dominica that is tasked with ensuring we protect the interests of foreign artists?
In other words, what’s in it for us?
Anonymous your comment makes english appear to be hard to understand- read the recoomendations made to local artist and listeners to music in Dominica and u will see what is in it for us and for me. Is along the same motto – grow what you eat and eat what you grow – but also make what you grow of a high quality and of sufficient quantities that others outside can now begin to buy and consume our products hence reducing our import bill and conversely increasing our exports – can’t be put any simplier except to say support local..
Anonymous, I’m not certain how much money ECCO collected in Dominica on behalf of songwriters. The amount I quoted represents what was collected by ECCO throught the Eastern Caribbean countries.
Also, I do not know how much money is collected by other PRO’s on behalf of songwriters registered with ECCO (and by extension, those resident in Dominica). I’ve never seen this figured published.
Knowledge of these numbers would reveal whether or not there’s a net cash inflow. But we should bear in mind that ECCO isn’t tasked with protecting the interests of foreign songwriters… the group was established to protect the interests of ALL songwriters.
What’s in it for us? And by “us” do you mean Dominica? Well if net cash inflow is negative, then there’s nothing in it for Dominica. But that’s why I said what I said in my initial comment – We each have our role to play.
There’s a lot of room for songwriters to grow and this will happen gradually. Also, other stakeholders and the general public must play their part by adopting and adhering to these rules.
Great explanation. This is the music business people. it’s like this all over the world. Every songwriter/artist should be registered to an organization like this in order to collect payment for their work. In Canada the organization is called Socan. & Dominican artist that are even well known locally don’t get much royalties because our D/a government invest very little in our own musical talents, d/a artist dont collaborate much with international artist, the music sounds great but it doesnt really cross boarders to the ear- so we have no international star power.
Why do we have so many clowns in Dominica who will not take a few minutes to educate themselves. Mr. Marie did not invent copyright…he is simply doing what is supposed to be done on behalf of those idiots of artists who are even more ignorant of their jobs than the non-artist…
I’m all for artist rights, but something is not right with the terms of this organization. I Stand corrected but the lawyer for the ECCO said yesterday that though the songs are that of the artists, by virtue of joining said organization to protect their intellectual property rights, ECCO is now the OWNER Of the peoples’ music and all rights to perform it etc, so hence the reason why they needed the permit for performing their OWN songs. I can’t imagine any sane person signed this. Seem to me that ECCO is doing a grave injustice to the rights of the very artist they are posturing to “protect”. Mark Marie what kind of bobolizing is this? You all should be ashamed of yourself and in light of that the artist did damn right, and what the hell were you doing pompeying sweewen outside Krazy Coconuts past midnight? trying to tie up gen-ti-tache session? A tad bit cantankerous if you ask me for a grown man.
so dam long dat show advertising. d date was even pushed back. why in d hell you wait d same day of d show to file an injunction when d artists are on island and show ready to start? and also, basically Marie is the one making money off of bunji and Fayan’s own music being performed by them? lol. yes I boy i love d legal system…lol
How can Mark Marie have the right to prevent an artist from performing his own music??? If this thing is really in the law then it should be given a serious re-look because this really just doesn’t make any sense to me.
what i would like to know the money he collects from these events…. what happens with it or where does it go to?????????
Mac has a point . We pay taxes even thou we don”t want to ,we buy goods from the merchants at high prices, why do we not want to pay the artist and creators of music for there work? a woman arguing with me at astaphans yesterday, she buy her CD so the music is hers she can do what ever she wants with it,lol If we only listen we will learn alot people. just listen.
I support Mr. Marie. Them people like Krazy and strong supporters of Skeritt who believes in the philosophy, no law no constitution, they can do whatever they want because they hold the reign of power must understand Dominica is a country that is governed by laws. I hope the judge sends a serious message to Krazy and the rest of the Red Supporters, that will have to spend some time at Mr. Blanc’s house until they learn that the laws on Dominica are for all and not for some.
It is my hope that this case and the resulting outcome encourages promoters, venue owners and show organizers to do as they’re supposed to – when you are putting on a show, include “getting an ECCO license” as part of your to-do list.
thanks mr. marie. we are now one step closer to even supporting our musicians. when you play their music all the parties with interest in the said product will get paid for their investment(producer,musician, singer,song writer.etc..)
So let me see if I got this right: These people presumably wrote and composed their music, but because they belong to an organization, COTT, they have to ask for permission to perform their own music? Am I the only one who sees something wrong with this picture? It’s like having to ask some stranger for permission to play with your own children!
Regardless of the legal technicalities we need to re-examine this issue. Massa day is done, Slavery has been abolished! Musicians cannot allow themselves to be caught in the web of professional copyright hustlers!
The most the courts will do is have the proprietors of crazy coconuts pay Mc Marie the copyright fees. But in a nut shell that copyrightlaws needs to be reviewed.
What kind of lawless society are we encouraging in my beautiful country. It appears that a # of persons here think that they are above the law and that is just not right. I expect Judge Thomas to deal with this type of behaviour harshly. The organisers need to be sent a strong message.
No songs of music in sweet Dominica. No Christmas party, no singing of other people Christmas Carols. What happen to all the Sparrow albums I have, I cannot have a dance party and play my calypsos for my patrons?
On the other hand, If I am performing my own work, and I am being paid for it where is it that the other party is pirating my work? What are my rights? How am I being protected by the organization when I am being paid?
In my view without knowing all the particulars, I would think that the artists better revisit what powers they gave to this organization. Something is not right.
Crazy crazy to defy an injunction
no law, no constitution. leaders set the example so their cronnies follow.lawess Dominica.
It looks like the saying is true, “no law nor constitution can prevent krazee-tee and the skeritt cabal from hosting their show.
It’s all about politics’ hope that one day Dominican’s will get themselves together and remember that we have to stop tearing each other down and pray for each other i wonder if all the so call good liars that a booking there names at the comedy club, because they are comedians or let’s think jokers, or better yet lets pack the rats in the bag lighten up people can’t you smell the rats.
So Bunji big international artist needs a license to sing his songs….this is laughable
it’s time artists own all their music and rights etc. gotta go indie.
Hope you can win this one Mc, knowing who directs law here in D/A
not surprised the show was held… this is a lawless country…lmao
Rubbish statement!!! Political paranoia seems to be infecting the brains of many of you folks who comment here. What a shame and utter disgrace!!!
Mr. Marie, In this Era of Organizational, economic and social transformation that allows us to renegotiate the terms of freedom, justice and productivity how does your institution differentiate what is a social good and how can your institution impose rules without violating an artist personal autonomy? And finally don’t you believe that access to knowledge is a fundamental right the same as it is to education and health care ,, and that knowledge is a basic necessity of life that should be freely be available to all since it is a public good learned by human through teaching and observing?
Lol. What are you really talking about here?
You are the only one who will not understand. Go to inform yourself as to how the LDC’s developed quickly by exploiting the realities of life without such organization. I’ve been investigating and researching how IPR, WIPO etc is hindering innovation in developing countries. read
What Mr.Marie ‘believes’ is not the issue at hand.
It’s the “Differentology” show which was held at the Krazy Kokonutz on December 6th, 2013, which will have to explain themselves in court after defying a court order.
Let’s see how this one plays out…
All information is readily available to the public. Mr. Marie himself have held numerous workshops/seminars speaking on this very issue and he is always willing to explain to any persons who ask.
WoW. Looks like Marie got this one.
lawlessness prevails!