The Court of Appeal of the Republic of Trinidad and Tobago today delivered a seminal judgment in the case of Sean Caruth v. The Tobago House of Assembly (THA), clarifying and reinforcing the intellectual property rights of creators under the Copyright Act, Chapter 82:80. The ruling, handed down by Justices of Appeal Gillian Lucky, Mira Dean-Armorer, and Vasheist Kokaram, underscores the distinct protections afforded to neighbouring rights and moral rights, setting a crucial precedent for artists, public bodies, and media producers across the Caribbean.
The case stemmed from the unauthorised use of Sean Caruth’s iconic 2001 Soca hit, “The Cook” (popularly known as “Coal Pot”), in advertising campaigns for the Tobago Blue Food Festival in 2012. The Tobago House of Assembly utilised an excerpt of the song without permission, payment, or proper credit. Furthermore, the advertisement featured images of pork dishes, which Mr. Caruth found religiously offensive given his abstention from pork.
Mr. Caruth initiated legal action, asserting infringements of his neighbouring rights (as the performer of the sound recording) and moral rights (specifically, the right to attribution and the right to object to derogatory treatment). The High Court initially dismissed his claim, asserting that he had assigned his rights to the Copyright Music Organisation of Trinidad and Tobago (COTT).
The Court of Appeal overturned the High Court’s decision, making these pivotal findings:
- The Court definitively ruled that the Deed of Assignment signed by Mr. Caruth in 1997 transferred only copyright, not his distinct neighbouring rights. Under Section 20 of the Copyright Act, neighbouring rights, which protect performers, are separate and require explicit written assignment. This clarifies that even if an artist is a member of a collecting society like COTT, their neighbouring rights remain with them unless specifically transferred.
- The Court found a clear breach of Mr. Caruth’s moral rights under Section 18(1)(a) of the Copyright Act. The THA failed to credit Sean Caruth as the performer of “Coal Pot” in its advertisement. The Court rejected the notion that Mr. Caruth’s subsequent performance at the 2013 Blue Food Festival waived his claim for prior infringements of his moral rights, emphasising that moral rights, particularly the right to attribution, cannot be ignored and remain with the creator unless formally waived in writing.
- The point of the distinguishing between neighbouring rights and copyright is that the rights of singers and producers are the neighbouring rights and to be distinguished from copyright that is the right of the song writer.
- In Caruth’s case he was the singer and the author of the song. The HC ruled that he signed over all his rights to COTT. However, at the time COTT didn’t offer protection for neighbouring rights (rights of singers and producers) they only protected the copyright (right of authors).
- The COA hearing the appeal agreed that Sean Caruth assigned his copyright to COTT but never assigned his neighbouring rights to COTT. Also, his moral rights which are the rights for him to be recognised as the author in the work and to prohibit derogatory use of the work e.g. using his song at a pork festival when he is averse to eating pork, cannot be assigned.
The Court awarded Mr. Caruth a total of TT$200,000.00 in damages, comprising:
- TT$100,000.00 in pecuniary damages for the commercial value of the unauthorised use.
- TT$100,000.00 in non-pecuniary damages to compensate for distress, loss of credit, and breach of integrity.
Costs were also awarded to the Appellant at both the High Court and appellate levels.
This ruling sends a clear message to all entities, particularly public bodies and event promoters, that:
- Neighbouring rights and moral rights are enforceable under Trinidad and Tobago law.
- Permission and proper attribution are legally required for any use of a performance.
- Creators retain personal rights even when commercial rights are assigned.
- Failure to credit an artist is not just a professional lapse it is a legal breach.
He was represented by Nigel D. Trancoso instructed by Mr. David Carter and Ms. Donielle Jones.
“This judgment is a monumental step forward for artists in Trinidad and Tobago and across the Caribbean,” stated Mr. Nigel D. Trancoso, lead counsel for Mr. Caruth. “It reinforces the dignity, labour, and identity of creators, ensuring that their valuable contributions are not just commercially recognised but also personally respected.”