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Guyanese musicians Jackie Jaxx, D’Ivan file US$1.6M lawsuit against One Communications in New York court for copyright infringements
Guyanese musicians Jackie ‘Jackie Jaxx’ Hanover and Ivan D’Ivan Harry.
– company says investigation launched into allegations
Kaieteur News – Guyanese musicians Jackie ‘Jackie Jaxx’ Hanover and Ivan D’Ivan Harry have filed a US$1.6M lawsuit in a US District Court in the Eastern District of New York against recently rebranded One Communications for the unauthorized use of their musical compositions “Guyana” and “Oh Guyana”.
According to a statement released to the media by their lawyer, “Jackie Hanover, popularly known as Jackie Jaxx, and Ivan Harry who performs as D’Ivan, have filed a copyright infringement lawsuit in the United States, against One Communications (Guyana) Inc. and Tennicia De Freitas, known by her stage name NEKEITA, for the unauthorized use of their musical compositions “Guyana” and “Oh Guyana” during a rebranding event hosted by One Communications.”
It is alleged in the lawsuit that One Communications and NEKEITA by performing, broadcasting and commercially exploiting the songs without obtaining the permission needed infringed on the copyright of the plaintiffs music.
Harry and Hanover are contending that the company, One Communications, in particular has gained significant benefits when it infringed on their copyright protection.
The lawsuit was reportedly filed after efforts made to have the dispute resolved with One Communications failed.
“My hope is that this lawsuit will force corporate entities to show respect for song writers and content creators by implementing proper copyright clearance policies for all works used at their events”, Jackie Jaxx said.
Hanover is also contending that the company would have interfered with business relations as well as opportunities she has with one of its rival companies.
In the letters sent to One Communications before legal action was taken Hanover and Harry, said they warned that the unauthorized use of their copyright protected works gives rise to claims in Guyana and the United States, and they have intention to seek relief in both jurisdictions.
D’Ivan is a dual citizen of the US and Guyana while Hanover is a citizen of Guyana.
One Communications (Guyana) Inc. is a leading telecommunications company in Guyana, and Tennicia De Freitas (NEKEITA), is a singer who performed at the rebranding event.’
The artistes are requesting the following relief in the US District Court for the Eastern District of New York: Requested Relief, “ 1. Actual Damages: to be determined at trial but no less than least US$300,000 for the unauthorized use of the musical compositions. 2. Injunctive Relief: To prevent further unauthorized use of the plaintiffs’ works. 3. Disgorgement of Economic Gains: Recovery of profits earned, and the value of economic advantage gained by One Communications unauthorized use of the works in its rebranding campaign. 4. Punitive Damages: At least US$1,000,000 to penalize the defendants for their willful and malicious conduct. 5. Attorney’s Fees: Compensation for legal expenses incurred.”
Meanwhile, the company on Saturday said that an investigation has been launched into the allegations.
In a short statement to this publication they said that, “One Communications acknowledges the 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. We are dedicated to resolving this situation transparently and responsibly.”
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