PNM faces legal threat over use of song in THA campaign

PNM supporters during a political meeting at the Buccoo Integrated Facility, Buccoo on January 8. - Photo by Ayanna Kinsale

A United States–based music production company has threatened legal action against the People’s National Movement (PNM), alleging that one of its copyrighted songs was unlawfully used in the party’s Tobago House of Assembly (THA) election campaign.

In a pre-action protocol letter dated January 9, attorneys Keron Ramkhalwhan and Lloyd Robinson, acting on behalf of VAS Productions LLC, accused PNM general secretary Foster Cummings and Tobago Council political leader Ancil Dennis of copyright infringement in relation to the song Liff Up.

VAS Productions, an Atlanta-based record label focusing on urban and Caribbean music, said it owns the copyright to Liff Up, a song recorded and produced by popular Caribbean artiste Tyrell Swan, also known as Prince Swanny. The company relied on an agreement dated August 1, 2025, which, it said, granted it full ownership of the copyrights and related rights to works produced by the artist, including the song in question.

According to the letter, an altered version of Liff Up, performed by an unknown artist, was used in political advertisements for Dennis, the PNM’s candidate for Buccoo/Mt Pleasant, on January 5 and 6. The song was allegedly published on Facebook and Instagram reels and played at political meetings and rallies during the campaign period.

VAS Productions claimed the melody and delivery of the campaign version were “identical” to the original composition, amounting to unauthorised reproduction under the Copyright Act. Although the lyrics were changed to suit campaign messaging, the company argued that the melody, a protected element, was copied without permission.

“An analysis of the two songs reveals that the melodies of both Liff Up, as originally composed by the potential applicant, and the rendition performed by the unknown artist associated with the PNM exhibit identical melodic contours.

“Both compositions utilise the same series of pitch sequences and rhythmic patterns, resulting in a musical phrase that is not only similar but effectively identical in terms of auditory perception.

“Given these factors, it can be conclusively stated that the melody utilised by the unknown artist is a direct reproduction of the original work, lacking any substantial alteration that would differentiate it as a separate composition.

“The core issue, however, resides in the unauthorised reproduction of the melodyand/or delivery of the performances, which remains substantially identical to the potential applicant's creation.

“By utilising the composition Liff Up in their political campaign without proper authorisation, they create an erroneous association between the label and the PNM, despite the absence of any formal partnerships or agreements.

“This unauthorised affiliation risks alienating current and potential artists associated with the label, who may feel that their creative works are being co-opted for political purposes without their consent. “Such actions could damage the label’s reputation in the eyes of both the public and the industry, leading to a loss of trust among artists and collaborators.

“Furthermore, the continued unauthorised use of the melody undermines the financial interests of the potential applicant, as it may dilute the originality and market value of the song.

“Artists within the label may be deterred from associating with the potential applicant, fearing that their works could similarly be appropriated for external agendas, thus impacting the label’s ability to attract and retain talent,” the letter said.

The attorneys said attempts were made to resolve the matter amicably, including contact with the PNM’s campaign manager, who allegedly indicated the party would pay for use of the song. However, a cease-and-desist letter sent on January 7 reportedly received no response.

The company is now demanding that the PNM and Dennis immediately stop using the song, enter settlement discussions, and provide written undertakings to cease further use. Failing a response by January 10, VAS Productions said it intends to file court proceedings seeking an interim injunction, damages, aggravated damages, and costs.

Tobago goes to the polls on January 12.