The Eastern Caribbean Collective Organisation for Music Rights (ECCO) has won its appeal against the dismissal of its copyright infringement claim against Neon Briggs and the Attorney General of Dominica. The decision restores the claim for further proceedings in the High Court.
In an order dated 20 October 2026, the Eastern Caribbean Supreme Court’s Court of Appeal set aside the decision which had struck out ECCO’s entire claim on the ground that it lacked standing to bring the proceedings.
The claim arose from the Carnival fete “PINKNIC”, held at the Botanical Gardens in Roseau in 2024, for which no ECCO licence was obtained.
The Government of Dominica, represented by the Attorney General, is the second defendant and second respondent. It owns the Botanical Gardens in Roseau, the place of public entertainment at which the alleged infringing performances took place. Briggs, the first defendant and first respondent, made no submissions in the appeal.
The appeal was heard by Chief Justice Margaret Price Findlay, Justice of Appeal P. Nicola Byer and Acting Justice of Appeal Gerard St C. Farara.
The dispute before the appeal court concerned ECCO’s legal standing to enforce the public-performance rights which it says were infringed. Master Cenac-Dantes had dismissed the claim on 20 December 2024. The Court of Appeal held that the master could not properly determine the disputed questions of ownership and standing without a trial, further evidence and cross-examination.
The court also found that the master had misapplied the earlier Mega-Plex decision. That case did not establish a general rule preventing ECCO from bringing copyright proceedings. In the present case, ECCO relies on agreements assigning copyright to it under Dominica’s Copyright Act 2003.
The distinction has practical importance. An assignment transfers ownership, and the Act allows particular rights, including the right of public performance, to be assigned separately. A society may therefore own that right without owning every other copyright in the same song.
Works identified in the proceedings include “Bacchanal Rampage”, “Cho (Hot Head)”, “Balance Batty”, “Like It Like This/Like It Like That” and “Bottle of Rum”.
ECCO’s agent in Dominica, McCarthy MARIE, said he had taken great pains to collect the relevant evidence and supporting documentation, including the agreements on which ECCO relies to establish ownership of the public-performance rights in the works listed in its statement of claim.
“The ruling confirms that assignments of public-performance rights provide a legal foundation for bringing infringement proceedings,” Marie said. “ECCO’s position is that it is the legitimate owner of those rights in the long list of works named in the statement of claim and has the necessary legal footing to initiate proceedings to enforce them.”
The matter now returns to the High Court for continuation towards a trial if the dispute is not settled. The order also permits the Attorney General to pursue the remaining ground of its strike-out application: that the claim as pleaded discloses no reasonable cause of action against the Government. Any hearing on that ground must take place before a different master or judge.
The Court of Appeal awarded ECCO its costs of the appeal, to be assessed if the parties do not agree them within 21 days of the order.
Marie said this was at least the 65th copyright infringement case in which he had been involved.
He regards the ruling as coming at a crucial point for Dominica’s nascent music industry. He pointed to Prime Minister Roosevelt Skerrit’s recent indication that a dedicated organisation would be established to get the industry moving, and said effective copyright enforcement would help buttress that development.
For Marie, the economic connection is direct. Public-performance royalties provide income to songwriters and music publishers. The ability to license the use of their works, and to pursue infringement claims where necessary, helps give commercial value to the music they create.
“If we are serious about developing a music industry, the people who create the music must be able to earn from its use,” he said. “Respect for copyright and the effective collection of royalties are essential to making music a sustainable livelihood.”
