Gangster Logic Copyright Style...

The absence of the annual Carnival pictures on Facebook and other Social Media sites can be attributed to some heavy handed and authority stretching positions taken by the Trinidad and Tobago Copyright Collection Organisation (TTCCO) as stated by its CEO Richard Cornwall and published in at least one daily newspaper. First off and I would like to say this quite clearly and copyrighted as my statement, the CEO is talking a crocus bag of ass. The gymnastic 'ifs' 'ands' 'maybes' and 'buts' he uses to stretch his logic is incredibly assumptious to say the least and he may be guilty of over reaching if not over-estimating his little bit of power. I want to challenge him on his position and to protect myself against any copyright infringement I will do it by deconstructing his own words already in the public domain.

He enunciates his position thusly: “One should not place photographs of masqueraders or costumes, be it a headpiece or any other piece of artistic work, on Facebook or other social networking sites. Those pictures could be taken off these sites and used for financial gains.” And? Does TTCCO represent the masquerader? If it does not, then on what grounds can he make this claim?

He goes on: “If you take those photos and post them on Facebook, what you have done is give someone the option of graphics. They can pull these images and compile them in a magazine which could then be used for commercial gain. If that could be traced to your website page, you can be held accountable as the source for the act of infringement.”

Hogwash! Any bush lawyer would love to face this 'organization' in a court of law where rules of evidence applies and challenge their authority or his claim. The fact of the matter is Trinidad Carnival takes place in the public space OWNED by the taxpayers and cannot be constricted as rigorously as these people want it to be. The Carnival is part of the culture of Trinidad & Tobago, and any monetizing must be shared with the people from whom the largess flows or none at all. Perhaps a day can come when bandleaders, in exchange for securing their art, are forced to pay a hefty ransom to enjoy the public space on which their art is transformed into cold hard cash. To quote a legal luminary and doctor friend of mine - “If band leaders want to enjoy copyright protection, let them fund the entire festival and utilize private venues for their presentation. As long as I am funding carnival as a taxpayer, and my road is being used for the parade, all rights to images are surrendered by the band leaders and masqueraders.”

In other words, until a court decides otherwise, Mr. Cornwall and his organization is assuming authority that it does not have and is trying to operate in a grey area where the rules are open to interpretation.

This is a brazen attempt to tax the people for the enjoyment of their own culture in their own country after the fact and should be resisted with all patriotism and national pride. The legislation under which this organization TTCCO wants to strong-arm the people needs to be repealed, the organization disbanded, and Cornwall and the rest of the supporting cast who attempted this cultural pickpocketing sent on their way.

This is still a democracy where the will of the people writes the laws. Let us begin the work of drafting one immediately that outlaws these charlatans and snake oil salesmen who are killing our culture by trying to squeeze every ounce of blood out of it that they can get away with. As the Duke of Wellington said in response to a naked attempt at blackmail - “Publish and be Damned.” If Mr. Cornwall and crew were to get their way it would signal the end of Carnival for sure, but as petty tyrants are only good for entertainment, and as our Carnival STILL belongs to the people of Trinidad & Tobago, share it with the world.....