One Communications probing copyright infringement of Guyanese musicians’ songs; commited to resolving matter

Last Updated on Sunday, 22 September 2024, 18:52 by Writer

One Communications. formerly Guyana Telephone and Telegraph or GTT, on Saturday said it was probing a copyright infringement claim by two Guyanese musicians who have filed a US$1.6 million lawsuit in a New York court.

“We are currently conducting a thorough investigation,” the telecommunications company said in a statement to Demerara Waves Online News.

The company signaled it was interested in resolving the dispute over the use of two of Jackie “Jackie Jaxx” Hanover and Ivan “D’Ivan” Harry’s songs at its rebranding ceremony from GTT to One Communications held on September 6, 2024. “We are dedicated to resolving this situation transparently and responsibly,” the company said.

Though One Communications acknowledged the copyright infringement claim that was filed on Friday in the New York Eastern District Court, the company declined to comment on “ongoing potential legal matters”.

One Communications emphasised “our commitment to supporting Guyanese artists and the creative industry”.

Copyright and intellectual property violations are rife in Guyana, with virtually no enforcement locally by rights owners.

The songs are registered in the United States.

The copyright infringement lawsuit also names Tennicia De Freitas, known by her stage name NEKEITA, for the alleged unauthorized use of Hanover and Harry’s musical compositions “Guyana” and “Oh Guyana” during a rebranding event hosted by One Communications.

The lawsuit alleges that One Communications and NEKEITA infringed the plaintiffs’ copyrights by performing, broadcasting, and commercially exploiting the songs without obtaining the necessary permissions. Hanover and Harry are contending that One Communications in particular, gained significant economic benefits by infringing their copyright protection.

“My hope is that this lawsuit will force corporate entities to show respect for song writers and content creators by implementing proper copyright clearance policies for all works used at their events”, Jackie Jaxx says in a statement issued on Saturday. The lawsuit was filed after efforts to resolve the dispute with One Communications failed, the plaintiffs said in a joint statement.

Hanover and Harry allege upon information and belief, in their lawsuit that One Communications, formerly GTT, habitually infringes, conspires with others to infringe or facilitates the infringement of copyright protected works. They contend that the complaint of conduct is maliciously intentional, fraudulent, oppressive, or committed recklessly or with a wanton disregard of their rights and stifles the music industry. Hanover is also contending that One Communications interfered with business relations and opportunities she has with one of its rivals.

In pre-action letters sent to One Communications Hanover and Harry, warned that the unauthorized use of their copyright protected works gives rise to claims in Guyana and the United States, and they intend to seek relief in both jurisdictions.

Hanover is a citizen of Guyana while D’Ivan is a dual citizen of the United States and Guyana. Defendant One Communications (Guyana) Inc. is a leading telecommunications company in Guyana, and Tennicia De Freitas (NEKEITA), is a singer who performed at the rebranding event. Hanover and Harry are requesting the following relief in the US District Court for the Eastern District of New York:

Requested Relief

1. Actual damages: to be determined at trial but no less than least US$300,000 for the unauthorized use of the musical compositions.
2. Injunctive relief: to prevent further unauthorized use of the plaintiffs’ works.
3. Disgorgement of economic gains: recovery of profits earned, and the value of economic advantage gained by One Communications unauthorized use of the works in its rebranding campaign.
4. Punitive damages: at least US$1,000,000 to penalize the defendants for their willful and malicious conduct.
5. Attorney’s fees: compensation for legal expenses incurred.