A New York court Eastern District has issued a summons to One Communications (Guyana) Inc and local singer Tennicia De Freitas, known as Nekeita following the filing of a copyright infringement lawsuit by Guyanese musicians Jackie Hanover known as Jackie Jaxx, and Ivan Harry performing as D’Ivan.
According to the summons seen by this newspaper the parties were informed that a lawsuit was filed against them and they were asked to within 21 days after service of the summons (not counting the day you received it) they must serve on the plaintiff an answer to the attached complaint or a motion under Rule 12 of the Federal Rules of Civil Procedure.
“If you fail to respond, judgment by default will be entered against you for the relief demanded in the complaint,” the document said.
The case will be heard by Judge Allyne R. Ross and Magistrate Judge Taryn A. Merkl.
Hanover and Harry, in their lawsuit filed last Friday have accused the defendants of using 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.
According to the complaint filed by the two and seen by this newspaper it was not a simple copyright infringement but includes “economic torts such as tortious interference, unjust enrichment and deceptive and unfair business practices”.
“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 document indicated.
According to the document Hanover wrote, recorded and produced the musical composition and sound recording titled “Guyana” while Harry is an individual who is a citizen of the United States and Guyana. He wrote, recorded and produced the musical composition and sound recording entitled “Oh Guyana”.
According to the complaint Hanover used some element from the song “Oh Guyana” that was previously produced by Harry, in “Guyana” with the express consent of Harry such that elements of “Oh Guyana” are embodied in the song Guyana. It was stated that through a written agreement the two singers agreed to be joint owners of the copyright for Guyana with Hanover owning 75% of the work and Harry having 25% stake in the work.
The song was registered 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.
In addition to the song being registered in the US giving the US court jurisdiction the complaint stated additionally the venue is proper in the district under 28 U.S.C. 1391(b) because it is where Harry maintains a residence and where the musical composition was conceived and substantially created. Further, a substantial part of the events giving rise to the claims occurred in the district.
Giving a background the alleged infringement, the complaint stated that on September 6th , One Guyana held a rebranding ceremony to rebrand itself from GTT to One Communications (Guyana) Inc. it retained Nekeita to do a live performance of the copyright protected song “Guyana” at its rebranding ceremony.
Hanover and Harry said that they believed that the singer was compensated by the company to perform the song.
“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,” the complaint said.
It was pointed out that neither One Communications (Guyana) Inc. nor Nekeita obtained permission for the live performance or broadcast of Guyana. The company and singer were also accused of having a history of infringing or conspiring to infringe on the rights of artists for economic gain.
“Defendants’ infringements are willful, and intentionally calculated to maximize their economic gains to the detriment of Plaintiffs,” the complaint alleged.
According to the complaint Hanover had established business relations with E-Networks Inc., a third party that is a key rival of One Communications, with whom the plaintiffs had a prospective business relationship with respect to her music catalogue that includes the song Guyana.
It was further stated that the defendants’, with knowledge of the plaintiff’s business relations with E-Networks Inc., “intentionally interfered with those business relations”.
“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,” the complaint further states.
Further, the complaint said that as a direct result of the defendants’ actions, both Hanover and Harry suffered injury to their business relationship with E-Networks Inc.
Additionally, the complaint stated that 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”.
The two are asking the court to award US$300,000, or such statutory damages as shall appear just, grant injunctive relief to prevent further unauthorized use of the songs Guyana and Oh Guyana, award plaintiffs their costs and attorneys’ fees, damages to be determined at trial but no less than US$350,000, disgorgement of the value of economic gains Defendants have obtained or are projected to obtain from their infringement of Plaintiffs’ copyright, punitive damages in the amount of at least US$1,000,000 and such other and further relief as the Court deems just and proper.
