Mas can be copyrighted

WHILE there might be several contentious issues involved in copyrighting mas, including ownership, chain of title, rights clearances and originality, the Copyright Act 1997 gives rights in a work of mas to the bandleader. There are instances where the bandleader is not the same person as the designer, and in such cases, the bandleader needs to acquire rights to the mas design and costume from the designer either by way of assignment, or a licence.

This was revealed by attorney Christophe Grant, who represented COTT President Allison Demas at the one-day seminar “Reflections of Carnival 2004,” hosted by the Institute for the Study of Carnival at the Normandie Hotel, St Ann’s. Grant explained that most of Carnival’s creative elements fall under the ambit of literary and artistic works. He said originality was the essential requirement for copyright protection, which gives rise to the question of whether the proliferation of “bikini and beads” mas met that threshold. Grant said this issue “cried out for an answer from the courts of this country.”

In the case of traditional mas, Grant explained that these costumes are in the public domain. He noted that there was need for traditional aspects of our culture to be protected as folklore, since copyright in Trinidad and Tobago only lasts for 50 years after the death of the author and then the  artistic and literary works are free to be exploited by any member of the public. Grant said questions have been raised about the rights of the masquerader. He said it is questionable whether the average masquerader is performing an artistic work as compared with a masquerader who plays an individual or King or Queen of a band. 

“This issue makes for interesting discussion and should also be determined by way of judicial decision,” said Grant. “Assuming that all masqueraders are performers, in order for bandleaders to acquire all rights in a work of mas it means that a system would have to be put in place for the acquisition of the rights of masqueraders as performers by bandleaders. Imagine paying royalties to over 8,000 masqueraders.” Grant said while it was not an easy task to navigate the many copyright and related rights given the multiplicity of rights, right owners, works, protected elements, uses and transactions involved in Carnival festivities, the onus is on right owners to understand  their rights to maximise the gains from Carnival. He said right owners should appreciate the benefits that can be derived from collective bargaining and management, which will greatly facilitate various users of copyright and related rights in terms of rights clearance.