With the 2025 Carnival season in full swing, it is important to highlight the relevance of intellectual property rights for the Carnival industry. Equally important to mention are the things that are not protectable, which are in the public domain to be used freely by all. Empowered with this knowledge, one can better act on the commercial opportunities available in the Carnival industry locally and worldwide.

The dominant intellectual property right in relation to Carnival is copyright. Copyright protects literary, dramatic, musical and artistic works in addition to neighbouring rights such as sound recordings and broadcasts. These are all prominent in the Carnival industry. Below are some simple examples of how copyright is relevant for carnival:

Soca Music – Contained in the sweet soca music are multiple copyright works. The lyrics of songs are individual literary works. The melodies are individual musical works. The sound recordings that combine the lyrics, melody and the performer’s contribution as combined by the producer amounts to a sound recording that is a separate copyright work independent from the underlying literary and musical works.

Costumes – The design drawing that gives rise to the prototype and subsequent physical costume is an artistic work. The actual costume as created is also potentially an artistic work if it is original and independently created, that is not copied from a pre-existing work. The Kings and Queen costumes that are displayed at Dimanche Gras will obviously be protectable once original given their intricate artistic designs.

Works of Mas – Additional to costumes, the Trinidad and Tobago Copyright Act provides a specific type of derivative work named ‘work of mas’. This should not be confused with costumes. Instead, a work of mas involves the use of a costume in conjunction with music and choreography. In effect it is a special type of carnival themed dramatic performance, though it is not restricted to carnival costumes. A classic example of a work of mas is Peter Minshall’s Tan Tan and Saga Boy. One can also imagine that original sailor man productions can also qualify as a work of mas where custom sailor costumes are designed to match specific choreography.

Carnival broadcasts – The actual recordings and broadcasts of the carnival festivities on Carnival Monday and Tuesday are protected as audio-visual works/films in the first place and the subsequent broadcasts of those works are also protected.

In addition to copyright, trade marks and patents also have a significant role to play in the Carnival industry. Trade marks are most relevant in relation to the protection of brands in the industry. For example, several Carnival bands have trade marked their names such as Tribe and Spirit in addition to event management companies like Island Crashers. Additionally, the names of events may also be registered such as the increasingly popular event ‘MECKA’. Performers including djays are also able to trade mark their names, logos and even their name drops as sound marks.

In terms of patents, the sky is the limit as there are many facets of Carnival that require innovation to make Carnivals better, safer, more environmentally friendly etc. Imagine music trucks being engineered to reduce noise pollution but still provide the bass required for the road. Alternatively, think about new materials to make carnival costumes more durable or more environmentally friendly. To date, there have been no indigenous Carnival specific patents, but inventions related to the steelpan do exist. For example, although the traditional steelpan is no longer protectable by a patent, but there have been patents for the genesis pan (a new type of steelpan) and the process of making a steelpan by hydroforming press.

It should be noted that there are other intellectual property rights that may be relevant such as design rights and geographical indications. However, it is equally important to talk about what is not protectable. Words and generic phrases in songs will not be protectable. Similarly, types of events such as j’ouvert and mas in addition to fete themes will not be protectable. Although words such as ‘JOUVERT’ ‘MAS’ and ‘CARNIVAL’ may be trade mark-able depending on the type of goods/services and the jurisdiction in which the trade mark is being filed.

Intellectual property rights are every where and Carnival is no exception. Those interested in the industry should ensure they are familiar with the various rights in play and understand how those rights can be commercialised. Carnival offers Trinidad and Tobago and the region a ready-made industry to be the world market leader. Intellectual property rights lay at the heart of any possible Carnival business model. Contact Clover® to assess your intellectual property rights and to construct your intellectual property commercialisation plan.

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Photo © Stefan Couri / Last Man Standing Productions

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