charles.kongsoo@guardian.co.tt
A legal battle is brewing between relatives of late soca artiste Dexter “Blaxx” Stewart over control of his estate, material and ownership to his unreleased music.
Problems developed after a group of Carnival stakeholders in the music, promotion and events sectors were given a preview of the singer’s unreleased music late last year. The body of work was well received and described as having the potential to be hits.
However, in a preemptive move, attorney Rondell Donawa, representing Blaxx’s children, Mickello Stewart, Terell Stewart and Melicia Cassano, issued a legal letter on December 27 advising that the songs could not be released without proper consultation or discussions with all of his known beneficiaries. He said the music could not be released without the written approval of Blaxx’s beneficiaries.
However, another relative is set to mount a legal counter-claim over the late singer’s estate and a stake in one of his hit songs, Mash Up.
Commenting on the case, DMS Creative Industries consultant Dionne Mc Nicol Stephenson, who is also an attorney, said the case might set a precedent.
“I have not seen many actions of this nature and that may be due to more people becoming more familiar with intellectual property and the rights that are associated with it,” she said.
Mc Nicol Stephenson said it is likely that Blaxx did not leave a will so the persons entitled to benefit from his estate would be any spouse, who is entitled to 50 per cent, and children who are entitled to 50 per cent shared equally among them.
She said intellectual property cannot be passed from one person to another unless it is done in writing and signed by both parties.
Mc Nicol Stephenson added that unless there is some record of how Blaxx’s intellectual property came to be, how it is owned, and whether it was jointly authored or co-authored, there might not be a right for some family members to give permission for his work.
She said the studio where Blaxx laid down his music tracks might also have a claim to his music depending on what arrangements were made.
