Copyright After Death: The Blaxx Bacchanal

-

 


Copyright After Death: The Blaxx Bacchanal

Dareem Scipio*


The family of the late soca Icon Blaxx has issued a warning to those seeking to release his songs recorded but not released before his death. In response there has been various types of commentary on social media many of which highlight a clear ignorance of how intellectual property law works. One social media post in particular was the definition of oxymoronic. In one vein the author expressed his disappointment with the family of the late singer’s actions and made some accusations against the deceased singer’s estate. On the other hand, the author called for the release of the music to be done in the right way, unaware maybe, that the family’s action might be part of the process of doing it the right way. This short blogpost is in response to the confusion surrounding the ownership of copyright following the death of a person.

 

Duration of Copyright Protection

Generally, copyright protection survives the death of an author. In Trinidad and Tobago copyright protections subsists during the full life of the author and 50 years after his/her death.[1]

 

What happens to copyright works after death?

Like any other type of property, copyright works can be assigned/passed on to the estate of a deceased person upon their death[2] subject to laws in relation to testamentary assignments. If this is done, the estate has all rights in relation to said work as the author would have had when alive. In any other circumstance, the ownership of copyright only passes where expressed in writing.[3]

 

Short Analysis of the Blaxx situation

Undoubtedly, the music of Blaxx, both released and unreleased continues to have copyright protection and will continue to do so for the next 50 years. Furthermore, the singer’s family is entitled to administer his estate and enforce any rights arising out of such in whatever manner they choose to do so. However intellectual property rights can often be complex and it may be that other rules than the general rules outlined above may apply.

 

It is often the case in the music industry, that various persons share intellectual property rights within a single piece of work. A such there are a range of possibilities:

            1) Blaxx owned all his rights individually and the family has complete control. 

2) Blaxx was a co-owner to the rights in various musical works and as such the family will have to exercise joint control with the other co-owner(s).

3) Blaxx assigned his rights to a third party and the family has no control.

 

Regardless of which option is the reality, the family of Blaxx will be entitled to benefit from the musical works created. However, it is unlikely to be the case that the family will have sole control over the release of music because the sound recordings are likely to be owned by the studio/producer. The family will likely have significant control over any musical or lyrical works solely authored by Blaxx.

 

Conclusion

Persons should be aware that copyright protection does not die with the author of a work and continues in the case of Trinidad and Tobago for a maximum period of 50 years beyond death. Because of this extended protection, the estate of a deceased author is entitled to enforce those rights during that time, subject to the determination of authorship and ownership. While persons may have their own opinions on such an approach, the law remains the law.


* Author can be contacted at studentscipio@gmail.com.

[1] Trinidad and Tobago Copyright Act s.19.

[2] ibid s.28(1).

[3] ibid s.28(2).

Comments

Post a Comment

Popular posts from this blog

Angostura Queen’s Park Swizzle: More Than an Ounce of IP in Your Favourite Cocktail

-
Angostura Queen’s Park Swizzle Dareem Scipio* If you are a cocktail lover, then you might already be familiar with the Queen’s Park Swizzle® cocktail. A rich blend of rum and the signature Angostura® Aromatic bitters, this classic cocktail has its birthplace in Trinidad and Tobago. The cocktail, which derives its name from the Queen’s Park Hotel where it was first created over 100 years ago is now popular with mixologists around the world and brings delight to the tastebuds of cocktail lovers far and wide. While the cocktail has a rich history, it is also embedded with more than an “oz” of intellectual property which adds tremendous value to the overall product. The cocktail's signature name ‘QUEEN’S PARK SWIZZLE’ has been registered as a trademark by Angostura Ltd in Trinidad and Tobago, USA, Mexico and Canada . BUT… have no fear! This does not mean that you cannot decide to make your own cocktail at home. Neither does it mean that mixologists at your favourite pubs are prohibited...
Read more

Securing Copyright In Soca Music

-
  Securing Copyright in Soca Music Vasha Maharaj* Copyright law and soca have a challenging relationship. It must be considered how to protect original works while allowing the genre with its sharing norms to flourish. The judgement in  Full Blown Entertainment [1]   was unable to adequately address this concern. [2]  Specifically, the Trinidad and Tobago law on copyright sits uneasily with riddim culture, generic cultural references and music sampling and interpolation that is prevalent in the soca industry. Therefore, this blog post offers insight into some of the challenges concerning soca music and copyright law in Trinidad and Tobago. Full Blown Entertainment v Matthews The court held that the phrase, ‘wine with no worries’ and its syncopation did not meet the requisite originality standard to attract copyright protection. Justice Seepersad argued that the words comprise ‘elements of the genre’ of soca, the implication of which holds them to be too generic to sa...
Read more

Licks for 'Lick'

-
  Licks for 'Lick' Dr Justin Koo Shenseea and Megan Thee Stallion’s song ‘ Lick ’ has been subject to major attention and scrutiny due to allegations of copyright infringement. ‘Lick’ reproduced the phrase ‘put your back in it’ made famous by the song ‘ Put Your Back In It ’ that went viral as a result of a TikTok challenge featuring the song. However, the origin of ‘put your back in it’ is derived from an earlier song performed by Belfon in 2001 entitled ‘ Work ’.  The controversy with ‘Lick’ surrounds the use of the lyrics ‘put your back in it’ and two samples from ‘Work’ that Anastas Hackett alleges were used without permission. For the purpose of clarity, it is important to note that copyright in a single song can involve different layers – the lyrics (words), the composition (melody/background music), the performance (actual singing or playing of the music) and the production (mixing and mastering of the sound recording). Each of these elements attract copyright or neighb...
Read more

Broadcasting Bacchanal: Watching Football and Copyright Law

-
  Broadcasting Bacchanal:  Watching Football and Copyright Law Dr Justin Koo With the launch of the 2022/2023 English Premier League football season, there is once again controversy in the Caribbean region concerning broadcasting rights. There is nothing new about this scenario as ever so often there is news about conflict pertaining to which entity has the broadcast rights to the latest sporting event. Disputes over broadcast rights have been litigated in the Jamaican court system on at least two occasions concerning the broadcasting of the 2015 World Athletic Championships [1]  and the 2014 IAAF Diamond League. [2] The latest controversy concerning the broadcasting rights for the 2022/2023 Premier League football season begins with the rights being granted to a new entity, Verticast, for the entire Caribbean region. [3] Subsequent to the grant of the broadcast rights to Verticast, territorial sub-licences have been made to a number of different broadcasters and cable co...
Read more

The Cost of Copyright Infringement

-
  The Cost of Copyright Infringement Justin Koo Copyright cases in the Commonwealth Caribbean are rare. Admittedly, they have become more frequent in recent years as awareness about intellectual property rights increases. However, the development of copyright jurisprudence remains slow and at best patchy. Nonetheless, the recent dispute of  Drakes v Grant [1]  offers insight into copyright proceedings from start to finish, that is from allegation of infringement to a finding of infringement and finally the award of damages. Specifically, in the context of Trinidad and Tobago,  Drakes v Grant  was the first successful infringement case concerning the right of reproduction and as such is an important case given the general lack of copyright litigation. Recap of Case Drakes v Grant  concerned the unauthorised reproduction of the claimant’s photograph depicting Peter Minshall’s costume ‘The Dying Swan, Ras Nijinsky in Drag as Pavlova’. The photograph was used t...
Read more