A Golden Opportunity for Tobago Carnival and Intellectual Property

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A Golden Opportunity for Tobago and Intellectual Property

Dareem Scipio*


The island of Tobago held its inaugural Carnival celebrations in October 2022. This was a major development given that Carnival is usually synonymous with Trinidad. The creation of this new stand-alone event on the entertainment calendar presented an excellent opportunity for the small island state to harness the intellectual property associated with the hosting of such events. It was stated that the aim of the event is to place Tobago at the centre and ‘declare an identifiably Tobago stamp on the global calendar of festival events by revealing the hidden treasures of the island’s cultural soul and reshaping the entire Carnival Experience.’[1] It is therefore essential that in doing so, attempts are made to properly protect the various cultural and creative products that would be on display.

Copyright Protectable Works

(i) Works of Mas

There can be no carnival without mas and it is expected that mas will form a central feature of the island’s festivities. The Trinidad and Tobago Copyright Act protects ‘works of mas’ in section 6 (1) (c).[2] According to said Act, a work of mas is defined as “an original production intended to be performed by a person or group of persons in which an artistic work in the form of an adornment or image presented by the person(s) is the primary element of the production and in which such adornment or image may be accompanied by words, music, choreography, or other works regardless of whether the production is intended to be performed on stage, platform, street or other venue.”[3] Admittedly, this definition can be described as convoluted and vague, a problem amplified by the fact that the true and full meaning of the provision is yet to be fully tested in our local courts. 

Notwithstanding, Tobago Carnival provides another opportunity for mas designers and specifically persons within Tobago’s creative space to bring their creative energies to the fore and present something other than the bikinis and beads that are usually seen on Carnival Monday and Tuesday in Trinidad. Indeed, one of the main issues involving the protection of works of mas in Trinidad has been the argument by some persons that some of the “mas” on display fails to meet the ‘threshold’ required to constitute ‘works of mas’.[4]  There is therefore a requirement to go beyond the ordinary, which if done can distinguish them from some of their Trinidadian counterparts and leave them with a valuable piece of copyright protected work.

(ii) Broadcasting and Streaming

While the organizers of the Tobago carnival may want everyone to be in Tobago to experience the festivities, this is neither practical nor likely to happen. The reality is that many persons both home (Trinidad) and abroad may choose to experience the carnival virtually within the comfort of their homes. There is therefore an opportunity for the organizers to leverage their intellectual property rights and capitalize on broadcasting and streaming packages tailored to these persons. Indeed, there should be a great emphasis on trying to reach persons in the diaspora and beyond if this first edition of the carnival is to be successfully marketed and bring to Tobago the kind of attention it seeks. Though, one doesn’t expect the revenue from this type of activity to be breathtaking, any income generation bodes well for the small tourism-based economy. There is also the opportunity to collect additional revenue if advertising packages are offered as part of the broadcasting/ streaming services.

Trade Marks

To successfully achieve the intended aims mentioned earlier, there must be effective and strategic branding of the event.  This means that trade marks must be created and protected. Commendably, progress in this regard has already begun as the organizers of the event have revealed both an official logo and slogan. It is not known whether any of the marks have been subjected to trade mark applications, however, if it is the case that this has not already been done, it is essential that urgent steps are taken to do so. Indeed, we have seen the power of branding with other carnivals such as Grenada’s trade mark “Spice Mas”. One immediately thinks of Grenada when they hear this slogan. Such is the power of an effective and striking mark and this is the outcome that Tobago must also seek to achieve.

There is also the opportunity to engage in the sale of merchandise both to the local tourists and foreigners who visit the island for the event as well as through online means always keeping the virtual audience in mind. The central aim of marketing Tobago must always remain at the forefront of the organizers minds and they must find creative ways to do.

Conclusion

In sum, the hosting of this first edition of Tobago carnival offers much promise. It is essential though that as a new event, every attempt is made to take ownership of, and exploit the value of the products that will be created. If executed well this activity can contribute significantly to the island’s economic sustainability and global outlook.


*Contact Dareem at studentscipio@gmail.com. 

[1] Loop, ‘Tobago to stamp it brand on festival calendar with October’ Loop  (Trinidad and Tobago, 17 August 2022) https://tt.loopnews.com/content/tobago-stamp-its-brand-festival-calendar-october-carnival

 

[2] Copyright Act 1997 (TT) s 6 (1) (c).

[3] Ibid, s.3.

[4] Newsday, ‘Feud over works of Mas’ Newsday (Trinidad and Tobago, 10 February 2019) https://newsday.co.tt/2019/02/10/feud-over-works-of-mas/

 

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