‘If you ever go down Trinidad, they make you feel so very glad…Drinking Rum and CocaCola, go down point Cumana…’

This calypso on the American presence in Trinidad and Tobago during World War II discusses the financial reality of prostitution, the romantic entanglements of military officers with local women, beautifully illustrated by the mixing of local rum with the foreign produced Coca Cola.

The lyrics of the song were originally composed by Lord Invader (Rupert Grant), set to a melody by Lionel Belasco, which was initially released as a standalone song, ‘L’Annee Passee’. This song allegedly drew on Barbadian folksong, ‘King Ja Ja’.

The American group, The Andrews Sisters, subsequently performed a version in 1945 written by Morey Amsterdam. Amsterdam was sent to Trinidad as an entertainer by the military and heard the popular tune during his visit.

Many blog posts incorrectly state that Lord Invader and Belasco brought copyright infringement cases. However, the cases were not brought by these authors, but rather by the subsequent copyright owners. The copyright owner or his/her assigns or licensees have the sole ability to enforce the exclusive rights under legislation, with the exception of moral rights.

The owner of the copyright in the melody, L’Annee Passee’ was Maurice Baron, who had entered into a contractual agreement with Belasco in October 1943. The owner of the copyright in the lyrics for Rum and Coca Cola was Mohammed Kahn, who received an assignment from Lord Invader in March 1943.

Authors:

Lyrics – Lord Invader

Melody – Lionel Belasco

Owners:

Lyrics – Mohammed Kahn

Melody – Maurice Baron

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The incorrect recounting of these cases is likely due to a misunderstanding of the distinction between copyright authorship and ownership. The correct information can be verified by accessing the cases – Baron v Leo Feist and Kahn v Leo Feist. Two cases for copyright infringement were brought. A lyrics and melody case was brought by Baron against Leo Feist Inc, claiming that the Americanised Rum and Coca Cola infringed the melody of L’Annee Passee’. A parallel lyrics case was also brought by Mohammed Kahn, against Leo Feist Inc. Both copyright owners were successful in their cases.

These cases shed light on issues of cultural appropriation, and the importance of enforcement of rights. However, correcting the record to reflect who actually brought the claims highlights a serious issue which has plagued the local music industry, the assignment of rights to third parties without understanding the consequences. Once there is an assignment, the authors have no entitlement to financial compensation (unless specifically provided for contractually). A licensing deal may be more suitable, particularly in the absence of reversionary rights provisions. Copyright is a property right which is transferrable on death. But due to lack of education, the estates of great calypsonians are often left empty handed since the copyright works were assigned during the lifetime of the legend. This is both poor succession planning as well as inadequate lifetime financial structuring since a royalty arrangement can potentially be more beneficial than a lump sum payment.