There are many copyright myths out there and many of the most popular myths relate to music copyright:

Myth: I included ‘no copyright infringement intended’ on my post. I am safe from copyright infringement.

Fact: Copyright does not require intention for infringement to occur. A disclaimer that you do not own the rights is also ineffective. While you as a regular person may not get sued, you have committed a copyright infringement. In response, social media apps may be compelled to remove the music from your post, block your videos or even suspend your account etc.

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Myth: I paid someone to create a copyright work for me, therefore I own it as a ‘work for hire’.

Fact: There is NO works for hire provision in Trinidad and Tobago copyright law. While the position of ownership of commissioned works depends on the jurisdiction, in Trinidad and Tobago, the author retains ownership of a commissioned work unless an assignment is entered into.

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Myth: I can use up to 10 seconds of a song without infringing copyright.

Fact: There is no permitted length of song which can be used without infringement under the law. If you take the original elements of a song, you may be liable for infringement. Infringement is a matter of fact and degree.

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Myth: I can create a parody of a song and have a defence of fair use.

Fact: Trinidad and Tobago has limited ‘fair dealing’ exceptions and limitations, of which parody is not included. ‘Fair use’ is a US concept that does not exist under the law of Trinidad and Tobago.  

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Myth: The song is old so it is in the public domain and I can use it for free.

Fact: Copyright lasts for 50 years after the death of the author in Trinidad and Tobago and for 70 years after the death of the author in the UK and the US. Trinidad and Tobago is seeking to expand the term of protection to 70 years as well. In 2025, songs created by people who died in 1975 entered the public domain. But beware, there can be several owners for one song and duration is calculated from the death of the last surviving author.

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Myth: I do not need a licence to make a cover song.

Fact: You need a mechanical licence to make a cover song. You might find that your cover song is muted on YouTube without the correct licence. But, the more modern approach is that YouTube can direct any monetisation to the rights holder instead of you.

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Many of the myths we hear come from misunderstanding the nature of copyright law, and assuming that US law applies in Trinidad and Tobago. Copyright, like all intellectual property rights, is territorial. This means that you must comply with the law in the country you are in. Clover® is well versed in the various copyright laws of the Commonwealth Caribbean and major international markets such as the US, UK, EU and Canada. We can deploy our expert research skills to determine the laws in any country. Contact us today to see how we can help you understand copyright law and avoid infringement.

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