The High Court of Justice has recently affirmed a judgment regarding the Eastern Caribbean Collective Organisation for Music Rights (ECCO) application for a Judicial Review of the Copyright (Collective Management Organisations) Regulations, 2024.
This decision supports ECCO’s claim, originally ruled on February 19, 2026. In an official statement, ECCO expressed gratitude to the Honourable Court and to Tamara Gill for their careful consideration of the case.
The organisation reiterated its respect for the rule of law and the independence of the judiciary across the Eastern Caribbean, highlighting the court’s provision of “a transparent forum” for examining complex legal issues.
ECCO’s application focused on the argument that subsidiary regulations must operate within the boundaries set by substantive legislation. The organisation asserted that the Copyright (Collective Management Organisations) Regulations, 2024, overstepped the authority granted under the Copyright Act, 2024.
Three key issues were central to the dispute:
Licensing Regime: ECCO challenged provisions within the Regulations that seek to impose a new licensing framework on existing Collective Management Organisations (CMOs). The group argued that the Copyright Act does not grant the power to restrict individuals from licensing their own creative works or to limit established CMOs from operating without securing a new government license.
Grace Period: Another significant concern involved the absence of a structured “grace period” for existing entities to transition into compliance. ECCO maintained that without these transitional provisions, organisations like itself would face immediate operational uncertainty, despite having represented their members lawfully for years.
Cessation Order: ECCO also referred to correspondence from the Ministry of Justice and Legal Affairs directing the organisation to cease its CISAC-related operations immediately. ECCO contends that it has been legally incorporated to perform these activities for over a decade and claims that halting operations pending compliance with the new regulatory framework is unjust.
This case highlights the ongoing debate over the regulation of collective management organisations in the Eastern Caribbean, which are essential for safeguarding the rights of songwriters, composers, and other rights holders by licensing works and distributing royalties.
While ECCO did not disclose the full outcome of the Court’s ruling in its statement, it emphasized its commitment to adhering to the law and engaging constructively on issues affecting the creative sector.
This development is anticipated to have implications not only for Saint Kitts and Nevis but also for rights management and copyright administration throughout the broader Eastern Caribbean region.