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Tony Rebel files appeal in copyright case

BY PAUL HENRY Crime/Court Desk co-ordinator henryp@jamaicaobserver.com

Tuesday, May 27, 2014    

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SINGER Tony Rebel has filed an appeal against the Supreme Court's refusal to reinstate his defence in the multimillion-dollar copyright infringement lawsuit against him.

The loss in the Supreme Court means that the matter will proceed to an assessment of damages hearing for a determination to be made on how much money Tony Rebel is to shell out to composer Jah Wayne, who claimed that the artiste infringed his copyright.

But that is likely to be placed on hold in light of the appeal being filed.

If Tony Rebel is successful in the Court of Appeal, he would be allowed to contest the lawsuit.

He's asking the Court to set aside the decision made earlier this month by Justice Kirk Anderson and set an early date for the trial of the case in the Supreme Court.

Jah Wayne (real name Wayne Lattibeaudiere), is suing Tony Rebel (real name Patrick Barrett) and his company Flame Production Incorporation Limited for alleged breach of copyright in relation to the composition of the Going Home rhythm that was released by Tony Rebel under the title La La Bella.

One of the songs recorded on the rhythm is Ghetto People Song by Everton Blender.

Jah Wayne is claiming that he was the composer and, without his authorisation, Tony Rebel caused the rhythm to be broadcasted, distributed, sold/published without identifying him as the composer.

He asked the court to rule that he is the composer and owner of the copyright of the musical composition.

Tony Rebel has denied the claim and is contending that he created the rhythm.

The matter went to trial in March, but took a dramatic turn days into the proceedings when it was discovered that Tony Rebel's defence had been struck out from 2006, because his attorney at the time, who is now deceased, had filed a witness statement late.

However, his new attorney, Garth McBean, filed for what is called relief from sanction. The relief from sanction hearing was held before Justice Anderson, who ruled against Tony Rebel.

Justice Anderson said Tony Rebel had automatic knowledge that the matter was struck out years ago, given the fact that his previous attorney knew about it.

Jah Wayne is being represented by attorney Catherine Minto.

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