Derek Achong
The Copyright Music Organisation of T&T (COTT) has failed to successfully prosecute its criminal copyright infringement complaint against a former employee for allegedly failing to obtain a licence for a Carnival fete in 2018.
On Monday, Senior Magistrate Nannette Forde-John dismissed the novel complaint brought against Lyndon Legall.
Legal sources said that case was one of the first in which a judicial officer weighed in on a criminal complaint filed under the Copyright Act.
The legislation makes it an offence to play copyrighted recordings publicly without the permission of the copyright holder.
The offence carries a maximum penalty of a $250,000 fine and up to 10 years imprisonment, with repeat offenders receiving increased penalties.
COTT, which collects royalties on behalf of composers and performers through its licensing process, also brought the criminal complaint against Legall after he hosted his annual Stranded by the Pool fete in Salybia in February 2018.
COTT also pursued a civil lawsuit against Legall in relation to the event and another which was hosted a year before. The civil case went to trial in late 2021, with the parties still awaiting the judgment.
Weighing in on the criminal complaint on Monday, Forde-John ruled that the evidence presented by COTT's witnesses was insufficient to prove the case against Legall, who was represented by Nigel Trancuso and Luana Lezama.
COTT was represented by Senior Counsel Anthony Vieira and Lee Merry.
In a statement issued yesterday, Legall, who stopped working at COTT between 2015 and 2016, said he was relieved by the outcome, which came almost six years after he was first implicated.
"Winning the copyright infringement case against COTT, feels like a tremendous weight has been lifted from my shoulders. The joy and relief I feel are almost indescribable," he said.
Legall suggested that it was a victory for small business owners such as him.
"This victory is not just personal; it's a beacon of hope for anyone who has ever felt powerless in the face of corporate giants," he said.
Legall revealed that he planned to establish his own copyright company to assist businesses and party promoters to better navigate copyright law.
"I want to ensure that they feel protected and supported in their creative endeavours, just as now feel liberated from the chains of my past struggles," he said.