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alexk
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Soca artist Sean Caruth has lost his lawsuit against the Tobago House of Assembly (THA) over the alleged unauthorised use of his 2001 hit “The Cook (Coal Pot)” in a television commercial for its Blue Food Festival.
Delivering a ten-page judgment in the Tobago High Court yesterday, Justice Frank Seepersad dismissed the claim in which Caruth was alleging that the THA breached his rights in 2012 by using the song in an advertisement which featured pork.
Seepersad ruled that Caruth was not entitled to compensation as he had accepted an invitation to perform at the festival the following year.
Stating that pork was an integral part of the Tobagonian diet, Seepersad said: “If as Caruth contends, the use of his song in relation to pork offended his lifestyle and reputation then it is difficult to understand why he participated at the very same festival the following year, a festival at which pork would have been highlighted.”
“In 2013 Caruth should have been concerned that any engagement with the festival given, that pork was served, would have offended his lifestyle, honour and/or reputation, yet he performed and received remuneration without complaint,” Seepersad said.
In his lawsuit, Caruth was claiming that the THA improperly used a 39-second sample from the song in its television commercial, which was allegedly broadcast over 200 times during a 24- day period.
In addition to raising the issue of his subsequent performance, the THA alleged that Caruth was not allowed to bring the lawsuit as he (Caruth) had signed over the rights to his music when he entered into an agreement with COTT in 1997.
Seepersad rejected that ground, as he pointed out that Caruth was allowed to claim breaches of his neighbouring and moral rights under the Copyright Act as they operate independently of the economic rights assigned to COTT.
Neighbouring rights relate to public performances and the right to be identified as the producer or performer of a song. Moral rights deal with the ability of a creative artist to protect the integrity and ownership of his/her work.
“Just compensation must always be offered to them (artists) as they have an entitlement to derive an income from their creative work. It must also be understood that the use of their work should not be undertaken in a manner which distorts or mutilates same,” Seepersad said.
While in normal circumstances, Caruth would have been ordered to pay the THA’s $14,000 legal bill as he lost his claim, Seepersad only ordered him to pay half as he ruled that the lawsuit raised novel legal issues which required determination.
Caruth was represented by Kirk Bengochea.