Stalin’s wife seeks to overturn judgment for unauthorized use of photo

The widow of five-time Calypso Monarch Leroy “Black Stalin” Calliste is seeking to overturn a default judgment of over $300,000 obtained against her by a photojournalist for the unauthorised use of a photograph of her late husband.

Late last year, Angelo Marcelle, trading as Trinirazzi HD, sued Janet Calliste after the image he took of her husband at De Nu Pub in Woodbrook in 2011 appeared on promotional material for a Black Stalin-themed concert on October 4.

Marcelle claimed that Calliste’s wife did not seek his permission before permitting the use of the photograph, which was published by the T&T Newsday newspaper with his approval.

Although Marcelle challenged the position before filing the lawsuit, the photograph was not removed from television and social media advertising, and the concert was eventually held at the Southern Academy for the Performing Arts (SAPA).

Marcelle claimed over $360,000 in compensation, which was based on his daily fee for use of an image on television and social media.

“The unauthorised use of the claimant’s copyrighted work has caused the claimant to suffer loss,” his lawyers claimed.

In February, Marcelle, through his attorneys Nigel Trancoso and David Carter, obtained a default judgment against Calliste’s wife after she failed to enter an appearance in the case or file a defence.

Over a month after the court order was served on her, Calliste’s wife filed an application for the judgment to be set aside.

In her court filings, obtained by Guardian Media, her lawyer, Ernest Koylass, SC, sought to explain his client’s failure to defend the lawsuit. Read More