Tony Rebel loses bid to have defence reinstated in copyright suit
SINGER Tony Rebel yesterday lost his bid in the Supreme Court to have his defence reinstated in the multimillion-dollar copyright infringement lawsuit against him.
The lost means that the matter will, if an appeal isn't filed, 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.
Had Tony Rebel been successful, he would have been allowed to contest the lawsuit.
Jah Wayne, whose given name is 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 riddim that was released by Tony Rebel under the title La La Bella.
One of the songs recorded on the riddim is Ghetto People Song by Everton Blender.
Jah Wayne is claiming that he was the composer and, without this authorisation, Tony Rebel caused the riddim 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 riddim.
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 Kirk Anderson, who ruled against
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.