Who Really Owns Your Image rights in Trinidad and Tobago

When a recent Trinidad court ruling ordered Janet Calliste, widow of the legendary Black Stalin, to pay over TT$360,000 to photographer Angelo Marcelle for unauthorised use of a photograph, shockwaves rippled through the cultural and artistic community.

Many asked, “How can someone else profit off our image?” Others argued, “Don’t artists have rights to how their likeness is used?” These are valid concerns, but the answers lie in what the law actually says, not what we might assume.

In the age of AI, this case is a wake-up call for artists, promoters, and cultural workers to understand the legal frameworks that govern images, likenesses, and intellectual property in Trinidad and Tobago.

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The Legal Landscape: Breaking It Down

In Trinidad and Tobago (T&T), there is no specific legal right called “image rights” or “right of publicity” as found in countries like the United States. Instead, copyright and trademark law form the primary legal backbone, with other tools like unfair competition law, the tort of passing-off, and common law and equity principles serving as supplementary protection- especially for public figures and performers.

Copyright Law: Who Owns the Image Rights in Trinidad?

According to the T&T Copyright Act (Chap. 82:80):

  • The person who takes a photograph is its legal author and copyright holder, not the person in the image.
  • Copyright gives that photographer the exclusive right to reproduce, license, or sell the image.
  • Subjects (e.g., performers or celebrities) have no automatic legal control over how a photo of them is used.

In the Black Stalin case, the photographer Angelo Marcelle retained copyright. Stalin’s image or public persona didn’t override those rights.

Trademark Law: Protecting Names and Commercial Identifiers

Trademark law in Trinidad and Tobago can be used to protect:

  • A performer’s name, logo, brand, or stylised likeness, but only if it’s registered and used in commerce.

However, trademarks:

  • Do not protect unregistered images.
  • Do not apply automatically to someone’s face or appearance.

So unless an artist trademarks their persona in a commercial context (e.g., for merchandise or endorsements), they have no legal grounds under trademark law to challenge the use of a photograph.

Filling the Gaps: What Happens Without Statutory Image Rights?

Because there is no explicit legal framework for controlling the commercial use of one’s image or likeness in Trinidad and Tobago, the legal system relies on a patchwork of alternative tools, each with limitations.

Unfair Competition Law

The Protection Against Unfair Competition Act (Chap. 82:36) is the most expansive existing tool. It prohibits:

  • Acts that cause confusion about a celebrity’s association with a product or event.
  • Uses that dilute a celebrity’s goodwill or imply false endorsement.

But here’s the catch:

  • The Act has not yet been tested in local courts, so its practical strength remains uncertain.
  • It does not override copyright ownership—so a photographer’s rights still come first.

The Tort of Passing-Off

This tort can be used if a celebrity’s image is misused in a way that creates a false impression of endorsement or association.

To win a passing-off claim, the performer must prove:

  1. They have goodwill in their name or image.
  2. The use is a misrepresentation.
  3. The result is economic damage.

Passing-off is hard to prove and doesn’t provide broad protection over image use, only against deceptive commercial exploitation.

Common Law & Equity: Looking to Precedent

In the absence of local case law, courts may be guided by other Commonwealth decisions. For example:

  • In Robert Marley Foundation v Dino Michelle Ltd (Jamaica, 1994), the court held that Marley’s name and likeness were protectable as a form of commercial property.
  • However, that principle has not been formally adopted in Trinidad and Tobago.

Local courts continue to apply British legal principles, which means that protection of image and personality remains limited unless legislative reform occurs.

Why This Matters

Many in the artistic community believe:

“If it’s my face, I should control it.”

That’s morally understandable, but legally incorrect in Trinidad and Tobago.

FACT: Photographers have full rights over their original works. Artists do not automatically own photos of themselves.

So What Can Artists Do?

If you’re a performer, here’s how you can protect yourself:

  1. Negotiate usage rights up front. Ask photographers to sign a release or licensing agreement.
  2. Limit photography access at events if no terms are set.
  3. Trademark your name or logo to control merchandising or endorsements.
  4. Educate your team- including managers and promoters—on the legal implications.
  5. Advocate for policy reform to introduce personality rights or a Caribbean model of image rights.

Final Thoughts

The Black Stalin case should not divide the creative community. Instead, it should spark critical conversations about copyright, contracts, and cultural respect.

Artists must understand the system they work within, while photographers must use their rights ethically and responsibly.

There’s no shame in not knowing. But now we know better, so let’s do better.

What do you think? Should T&T introduce statutory image rights?

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