Guyanese musicians file US$1.6 million lawsuit in New York Court against One Guyana Communications for copyright violation

Last Updated on Friday, 20 September 2024, 21:00 by Denis Chabrol

Jackie “Jackie Jaxx” Hanover

Guyanese musicians, Jackie “Jackie Jaxx” Hanover and Ivan “D’Ivan” Harry on Friday filed a US$1.6 million lawsuit in a New York court against One Communications for alleged copyright infringement by using their songs at the company’s rebranding from GTT earlier this month without permission.

“Upon information and belief, Defendants have infringed plaintiffs’ copyrights in the songs “Guyana” and “Oh Guyana” by performing live, performing by means of digital audiovisual transmission, producing a derivative work, distributing, promoting, and otherwise commercially
exploiting the Plaintiffs’ copyright protected works, and upon information and belief authorizing others to do the same, without Plaintiffs’ consent in violation of 17 U.S.C. § 101 et seq,” Ms Hanover and Ms Harry said in the complaint.

They are also asking the New York Eastern District Court to grant an injunction to prevent further unauthorized use of the songs “Guyana” and “Oh Guyana.”

Also named in the lawsuit is Tennicia “Nekeita” De Freitas who the claimants say sang the song “Guyana” which contains elements of their songs whose copyrights are registered in the United States.  Ms Hanover and Mr Harry say in court documents that One Communications did not seek their permission for use of the song “for a live audience” at their rebranding event on September 6, 2024.

“The unauthorized performance was broadcast over television and radio in Guyana and the internet such that it reached audiences in the United States, particularly Defendants target market audience in Brooklyn and Queens New York and across the world without the consent of Plaintiffs. Upon information and belief, One Communications broadcast or facilitated the broadcast and wide distribution of the unauthorized performance, without the consent of Plaintiffs,” they said in court documents filed by New York-based Guyanese lawyer, Dr Vivian Williams.

Demerara Waves Online News reached out to a company spokeswoman who did not have an immediate comment and could not say when one might be forthcoming. She said the request for comment was circulated to One Communications’ team. A  high level company official promised to respond to the query on Saturday.

The Guyanese musicians said they believed that Ms De Freitas was compensated for singing “Guyana”.

Ms Hanover and Mr Harry are asking the New York Eastern District Court that to rule that One Communications and Ms De Freitas jointly and severally, be required to pay them such actual damages as they, the plaintiffs,  have sustained as a result of the defendants “infringement of plaintiffs’ copyright, and to account for and pay to Plaintiffs all gains, profits and advantages derived from their infringements of Plaintiffs’
copyright pursuant in an amount to be proven at trial but no less than US$300,000, or such statutory damages as to the Court shall appear just in accordance with the law.

The court is also being asked to award damages to be determined at trial but no less than $350,000 disgorgement of the value of economic gains Ms De Freitas and One Communications have obtained or are projected to obtain from their infringement of Plaintiffs’ copyright, and punitive damages in the amount of at least US$1 million.

“Punitive damages should be awarded in this case because Defendants’ conduct is maliciously intentional, fraudulent, oppressive, or committed recklessly or with a wanton disregard of the plaintiffs’ rights,” they said in the complaint.

Ms Hanover and Ms Harry say in the complaint that they resorted to court action after negotiations for a settlement collapsed. Plaintiffs sent Defendant One Communications notice of the infringement and a demand for settlement but to no avail. Wherefore, Plaintiffs were compelled to seek judicial remedy.”

The duo said that as a result of  the use of the song, that has affected a prospective business relationship between them and E-Networks, “a key rival of One Communications, with whom the plaintiffs had a prospective business relationship with respect to her music catalog that includes the song Guyana.” “Upon information and belief, the defendants’ interference was carried out with the sole purpose of harming the plaintiffs or by using dishonest, unfair, or improper means. As a direct result of the defendants’ actions, the plaintiffs suffered injury to their business relationship with E-Networks Inc;” they alleged in the complaint.

They said One Communications (Guyana) Inc.’s conduct was intended to gain an unfair advantage over its  main rivals through unfair competition and deceptive practices.  “The defendant One Communication was enriched by receiving revenue from sales of its products
by boosting its brand, public image, customer loyalty and market share of its industry through its unauthorized infringing use of Plaintiffs’ copyrighted works.  One Communications was enriched from falsely and deceptively causing customers and potential customers to believe that its brand is endorsed by Plaintiffs and riding on the appeal of plaintiffs song Guyana,” Ms Hanover and Ms Harry said.

Giving a background to their ownership of their works, they stated in the complaint that Ms. Hanover used some element from the song “Oh Guyana” that was previously produced by Mr Harry, in “Guyana” with the express consent of Harry such that elements of “Oh Guyana” are
embodied in the song Guyana. Further, through a written agreement, Ms. Hanover and Mr. Harry agree to be joint owners of the
copyright for Guyana with Ms. Hanover owning 75% of the work and Mr. Harry having 25 percent stake in the work.

They said they are the beneficial owners of the copyright in musical composition and sound recording, and they have registered the song “Guyana” with the American Society of Composers, Authors and Publishers (ASCAP) with Work ID: 890388806 whom they appointed as an agent for the procurement of licensing performance and broadcast rights, and subsequently and prior to this action, submitted the song “Guyana” for registration with in musical composition and sound recording with the U.S. Copyright Office with case #14246273171.
Further, they said their  copyright in Guyana is currently valid.