No copycat in ‘Wine with no worries’ lyrics

Justice Frank Seepersad said that varying expressions of wine with no worries is so popular with the revelry and gaiety of Carnival that no artiste who writes a song using those words can claim copyright protection. In fact, the judge quipped, “Carnival is the season to wine and abandon all worries”.

Full Blown Entertainment Company Limited (FBEL) which claimed the copyright infringement through song writer Kevon Hart and filed the lawsuit, was instead ordered to pay music arrangers Devon Matthews and Anson Soverall, $50,000.

FBEL sued Matthews and Soverall for stealing its soca song it had produced in 2013, which has as its chorus and ‘hook’, ‘Wine with no worries’. In 2014, Matthews and Soverall produced a soca with similar a hook line.

Seepersad, in dismissing FBEL’s lawsuit, stated in his 25-page judgment which legal experts said lays the foundation for further copyright lawsuits in our local jurisdiction, that, “There is and can be no original skill, labour or originality of thought associated with the said words and it cannot be said that the words originated with the claimant.

Variants of the words have been used in many songs across various genres of music and the said words are common with local parlance and are synonymous with the revelry and gaiety of Carnival which, after all, is the season to ‘wine and to abandon all worries’.” Songwriter Hart co-authored the soca ‘No worries’ in October 2013 which was emailed to music arranger Matthews. A year later in October, Hart heard a song on YouTube titled ‘No Worries’ and he claimed in his lawsuit which he filed against Matthews, Soverall and Gem Radio Five Limited, had similar lyrical content to his ‘No Worries’ song.

He further claimed that Gem Radio repeatedly played the song on Red 96.7 FM, though he had sent notices of copyright infringement.

Matthews and Soverall defended the lawsuit and claimed that the lyrical content of their brand of the ‘No Worries’ song were significantly different, including its’ melody and musical tone.

Further, that FBEL had not yet copyrighted their ‘No Worries’ song at the time they (Matthews, Soverall) had released theirs.

Two music experts, Dexter Simmonds and Martin Raymond testified on behalf of FBEL and Matthews and Soverall respectively at the trial which was held in the San Fernando High Court. Attorney Rondell Donawa argued the case for FBEL while attorneys John Moore and Marvo Harper represented Matthews and Soverall. Attorney Raisa Caesar and Reshma Ramsingh represented Gem Radio.