Every year the Carnival season invokes discussion about intellectual property rights. The 2025 soca season is no exception and has not disappointed giving us an early copyright issue. Trinidad Killa recorded the song ‘Eskimo’ using the currently popular ‘Big Links Riddim’ produced by Full Blown Entertainment without authorisation. Consequently, versions of the song uploaded on various music platforms including YouTube, Spotify, Apple Music and SoundCloud have been removed subject to notice and takedown procedures exercised by the copyright owner.

Full Blown Entertainment is no stranger to copyright infringement proceedings having litigated against Devon Matthews for use of the lyrics ‘wine with no worries’ and the way it was sung in the song ‘No Worries’. As such, it is no surprise that Full Blown Entertainment exercised its exclusive rights against Trinidad Killa.

Trinidad Killa alleged that he tried contacting Full Blown Entertainment after hearing the Big Links Riddim to make a song on the ‘riddim’. However, after no response Trinidad Killa recorded the song on his own utilising the ‘riddim’ and released it onto various music platforms. The song was immediately well received, but it was promptly removed by the platforms for copyright infringement. Trinidad Killa in his interview with the Newsday newspaper commented that he felt victimised and that the music should not suffer as a deal should be struck in the name of culture. Trinidad Killa also commented on a broader point afflicting music copyright law pertaining to the use of old beats and rhythms and moreover, the common melodies that are present across specific genres of music like soca and trinibad. Such issues have preoccupied copyright lawyers and scholars in the aftermath of the Blurred Lines case where the Marvin Gaye estate was successful in proving that Pharell Williams and Robin Thicke’s ‘Blurred Lines’ infringed Gaye’s ‘Got to Give It Up’.

Regardless of Trinidad Killa’s thoughts and feelings about the matter and the reason for the uproar, his actions constituted clear copyright infringement given that he copied the music from the Big Links Riddim without permission. Furthermore, by releasing the song on online platforms he committed two types of copyright infringement, reproduction and communication to the public. Were this to go to court it would constitute an easy case for Full Blown Entertainment to win as it was textbook copyright infringement. What is more interesting is the future of the to be (re)released amended version of ‘Eskimo’ that will be Trinidad Killa's response to the original (infringing) version being taken down. There is a good chance that this is not the end of this copyright issue given that the original ‘Eskimo’ was sung with the Big Links Riddim in mind. It may be the case that non-literal elements (for example feeling or vibe related to the melodic elements [note this is a controversial issue and has been subjected to heavy criticism in the context of US copyright law after the Blurred Lines case]) of the Big Links Riddim remain included in the amended version of ‘Eskimo’. If the re-release is subjected to litigation this will challenge the local courts to address new issues that have not yet been judicially considered in Trinidad and Tobago.

The situation also raises broader interesting questions about the role copyright should play in indigenous genres like soca and trinibad where there are common denominators required to make songs conform to the genres requirements.  

Clover® advises musicians to educate themselves about the scope of copyright law and to understand the consequences of failing to clear the required rights when engaging in acts of sampling or interpolation. Clover® has worked with multiple clients in negotiating deals to clear rights for musical compositions in both the music and film industries. If you have a project that needs rights clearance contact Clover® today. Remember we Make IP Accessible™.

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