In a decisive victory for copyright management and the protection of music creators across the Eastern Caribbean, the Court of Appeal of the Eastern Caribbean Supreme Court (Price Findlay CJ, Byer JA, and Farara JA [Ag.]) delivered a landmark judgment on 20 October 2026 in Eastern Caribbean Collective Organisation for Music Rights (ECCO) Inc. v Neon Briggs and the Attorney General of Dominica (Appeal No. DOMHCVAP2025/0001).
The Court unanimously allowed ECCO’s interlocutory appeal, setting aside the decision of the High Court Master dated 20 December 2024 that had struck out ECCO’s copyright infringement claim for alleged want of standing (locus standi). In dismissing the Attorney General’s strike-out application founded on standing, the Court of Appeal awarded costs of the appeal to ECCO. The Court firmly held that ownership of copyright allegedly infringed is a question of mixed fact and law requiring the construction of the underlying agreements relied upon by ECCO.
The Court emphasized that the summary power to strike out a claim where it turns on the interpretation of legal documents should be exercised only in rare circumstances. Because ECCO’s title to sue was properly pleaded and disputed, the matter could only be resolved at trial following full evidence and cross-examination.
SUMMARY OF COURT OF APPEAL RULINGS
Statutory Standing Preserved: ECCO explicitly relies on statutory assignment under Section 23 of the Copyright Act 2003, which permits full or partial transfer of copyright.
Distinction from Precedent: The Master misapplied Mega-Plex Entertainment Corp v ECCO (SLUHCVAP2017/0032), which was strictly confined to its unique facts where internal by-laws were relied upon rather than statutory assignments.
Reciprocal Agreements: Disagreements regarding rights transferred under reciprocal agreements (including BMI and COTT) point to the ‘ineluctable conclusion’ that the issue must be determined at trial.
Venue Owner Liability: The Court directed that the Attorney General’s alternative contention regarding State liability as venue owner, if pursued, be heard before a different judicial officer.
Factual Background of the Claim
The underlying action (Claim No. DOMHCV2024/0029) arises from the ‘Pinknic’ event promoted by Mr. Neon Briggs at the Botanic Gardens in Roseau on 11 February 2024. ECCO brought proceedings alleging unauthorized public performances of protected musical works, including hits such as ‘Bacchanal Rampage’, ‘Cho (Hot Head)’, ‘Balance Batty’, and ‘Like It Like This, Like It Like That’. ECCO asserts title to sue both as owner by assignment from its direct members and through reciprocal representation agreements with international affiliated societies, including the Copyright Music Organisation of Trinidad and Tobago (COTT) and Broadcast Music, Inc. (BMI). Furthermore, ECCO pleads that the State, as owner and controller of the Botanic Gardens venue, permitted the unauthorized public performance.
ECCO’s Commitment to OECS Music Creators
This ruling marks a critical affirmation of ECCO’s authority and mandate as the sole collective management organisation (CMO) representing music copyright holders in the Organisation of Eastern Caribbean States (OECS). By establishing that CMOs operating under statutory assignments cannot be summarily dismissed without trial, the Court of Appeal has fortified the legal framework that enables songwriters, composers, and publishers to receive just remuneration for the commercial execution of their creative work.
‘ECCO’s CEO Martin A James, underscores the organisation’s resolute commitment to its core mission to safeguard the legal rights of music creators, fostering legal compliance among Broadcasters, event promoters, and all other users of copyrighted music. ECCO remains committed to ensuring robust copyright administration throughout Dominica and the wider
The Court emphasized that the summary power to strike out a claim where it turns on the interpretation of legal documents should be exercised only in rare circumstances. Because ECCO’s title to sue was properly pleaded and disputed, the matter could only be resolved at trial following full evidence and cross-examination.
SUMMARY OF COURT OF APPEAL RULINGS
Statutory Standing Preserved: ECCO explicitly relies on statutory assignment under Section 23 of the Copyright Act 2003, which permits full or partial transfer of copyright.
Distinction from Precedent: The Master misapplied Mega-Plex Entertainment Corp v ECCO (SLUHCVAP2017/0032), which was strictly confined to its unique facts where internal by-laws were relied upon rather than statutory assignments.
Reciprocal Agreements: Disagreements regarding rights transferred under reciprocal agreements (including BMI and COTT) point to the ‘ineluctable conclusion’ that the issue must be determined at trial.
Venue Owner Liability: The Court directed that the Attorney General’s alternative contention regarding State liability as venue owner, if pursued, be heard before a different judicial officer.
Factual Background of the Claim
The underlying action (Claim No. DOMHCV2024/0029) arises from the ‘Pinknic’ event promoted by Mr. Neon Briggs at the Botanic Gardens in Roseau on 11 February 2024. ECCO brought proceedings alleging unauthorized public performances of protected musical works, including hits such as ‘Bacchanal Rampage’, ‘Cho (Hot Head)’, ‘Balance Batty’, and ‘Like It Like This, Like It Like That’. ECCO asserts title to sue both as owner by assignment from its direct members and through reciprocal representation agreements with international affiliated societies, including the Copyright Music Organisation of Trinidad and Tobago (COTT) and Broadcast Music, Inc. (BMI). Furthermore, ECCO pleads that the State, as owner and controller of the Botanic Gardens venue, permitted the unauthorized public performance.
ECCO’s Commitment to OECS Music Creators
This ruling marks a critical affirmation of ECCO’s authority and mandate as the sole collective management organisation (CMO) representing music copyright holders in the Organisation of Eastern Caribbean States (OECS). By establishing that CMOs operating under statutory assignments cannot be summarily dismissed without trial, the Court of Appeal has fortified the legal framework that enables songwriters, composers, and publishers to receive just remuneration for the commercial execution of their creative work.
‘ECCO’s CEO Martin A James, underscores the organisation’s resolute commitment to its core mission to safeguard the legal rights of music creators, fostering legal
compliance among Broadcasters, event promoters, and all other users of copyrighted music. ECCO remains committed to ensuring robust copyright administration throughout Dominica and the
wider
This article was originally published by Antigua News Room. Read the original article here: ECCO Safeguarding Copyright & Empowering OECS Music Creators.