Guyanese musicians Jackie Hanover known as Jackie Jaxx, and Ivan Harry performing as D’Ivan, have filed a copyright infringement lawsuit in the US Eastern District Court, New York against telecommunications giant One Communications (Guyana) Inc and singer Tennicia De Freitas, known as Nekeita.
According to a joint press release from Hanover and Harry, the lawsuit was filed last Friday. It alleges that the defendants used their songs “Guyana” and “Oh Guyana” without permission during a rebranding event for One Communications on September 6, 2024. The plaintiffs claim that their musical works were broadcast and commercially exploited without consent, leading to significant profits for One Communications at their expense.
The release said that the lawsuit was filed after efforts to resolve the dispute with One Communications failed. In a pre-action letter to One Communications, shared on Hanover’s Facebook page, attorney Vivian Williams outlined key allegations, including that One Communications solicited De Freitas to perform “Guyana” without the knowledge or consent of his clients. The letter asserted that the unauthorised performance aimed to enhance One Communications’ brand and economic position while broadcasting the performance across multiple platforms, reaching audiences in the US particularly in Brooklyn and Queens.
According to the lawyer’s letter, his clients were willing to accept a monetary settlement of US$250,000 as well as a commitment from One Communications to refrain from any further infringements of their intellectual property rights. In addition, they asked that One Communications commit to work on advocacy and awareness of intellectual property rights in Guyana for a year and a public apology as well as similar commitments from DeFreitas. The letter, dated September 12, warned that legal proceedings would be filed if a settlement was not finalised within ten days.
Meanwhile, according to the press release, in the lawsuit, the plaintiffs are seeking actual damages of no less than $300,000; injunctive relief to prevent further unauthorised use of their songs; disgorgement of profits obtained from the infringement; punitive damages of at least $1 million for the defendants’ alleged willful misconduct; legal fees.
Additionally, the lawsuit addresses broader concerns in the music industry about copyright protections and the exploitation of independent artists by larger corporations. Hanover and Harry argue through their lawyers that the defendants’ actions have harmed their relationships with potential collaborators, suggesting a deliberate attempt to undermine their business prospects and secure an unfair market advantage.
They aim to achieve justice through their legal action while also raising awareness about the critical need to respect musicians’ rights in an increasingly corporate-driven environment.
The release quoted Hanover as saying: “My hope is that this lawsuit will compel corporate entities to respect the rights of songwriters and content creators.”
In a statement One Communications said it acknowledges the “alleged copyright infringement claim recently filed by Guyanese musicians, Jackie “Jackie Jaxx” Hanover and Ivan “D’Ivan” Harry”.
“We are currently conducting a thorough investigation. While we cannot comment on ongoing potential legal matters, we want to emphasise our commitment to supporting Guyanese artists and the creative industry,” the statement said.
One Communication added that it is “dedicated to resolving this situation transparently and responsibly”.
