Honey Bee Taps Out? Or has she?
- Nigel Trancoso
- Aug 16, 2017
- 3 min read
Lisa Wall aka Honey Bee’s video commonly known as “TAP OUT” has hit social media like no other on the island. Radio announcers, Facebook post, every day jest now include the phrase “TAP OUT”. I’ve even been privy to a person reciting the clip verbatim. TAP OUT is trending! You were probably prompted to read this article simply because the phrase peaked your interest.
In a broadcast interview with Ian Alleyne Honey Bee has expressed her desire to sue those using her intellectual property without her “authority and permission”.
The law of copyright affords protection for a defined set of works found in the Copyright Act of Trinidad and Tobago. Fortunately, phrases can be copyrighted, however the copyright able material must also be in material form. What this really means is that while copyright does not provide protection for an idea itself it can protect that idea when it is reduced to material form (e.g. musical arrangement or writing, films, painting, etc).
Another ingredient that the author of copyright work must possess is that the work must be original and the result of the author's skill, labour and judgment. It is not that the work must be novel but rather the author has exercised sufficient judgement, skill and labour in creating the copyright material. This threshold is not very high though. Game schedules, dissertations, drawings, poems can be deemed to be original copyright material.
The use of the words TAP OUT to me does not by itself raise the issue of intellectual property law protection. However, there is a video. Let’s explore that.
This viral video is undeniably the property of Lisa Hall aka Honey Bee (as she calls herself). As the owner of the video, she has what is known as the moral rights, and in this particular case, she has the right to object to any distortion, mutilation or other modification of, or other derogatory action in relation to this work, which would be prejudicial to her honour or reputation.
As everyone knows I have court clothes, so I can definitely stand on my own feet when I say I have heard radio programs restarting songs (wheeling if it’s still called that) and in the background, you hear what seems to be the identical voice in the video (yes I have seen the video, several times) of what sounds like Honey Bee. This is where the problem arises, the users have mutilated the video and reproduced it in the public domain. This is a breach of Ms Halls’ intellectual property rights and she can indeed seek an attorney to first send a cease and desist letter to the radio stations guilty of this infringement and/or she can file an injunction for them to stop immediately, seeking damages as well.
Notwithstanding all that has been said, one must be aware that no one has a proprietary right to a word, that is to say, I cannot say that I want sole use of the word Chicken Fingers and anyone who uses the word Chicken Fingers will be liable for breach of copyright, even if the name "Chicken Fingers" is trademarked. But as it relates to Trademark, I will treat with that at a later date.
Nonetheless I am extremely proud and encouraged by Honey Bee, because she has openly decided that she values her intellectual property and is very much aware of her rights. It appears that Honey Bee will have some heavy rollers Tapping Out soon.
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