The Eastern Caribbean Collective Organisation for Music Rights (ECCO) has acknowledged a February 19, 2026 judgment handed down by the High Court of Justice in Saint Kitts and Nevis concerning its application for Judicial Review of the Copyright (Collective Management Organisations) Regulations, 2024.
In an official statement, ECCO expressed gratitude to the Honourable Court and to Tamara Gill for what it described as careful consideration of the matter. The organisation reaffirmed its respect for the rule of law and the independence of the judiciary across the Eastern Caribbean, noting that the court provided “a transparent forum” for complex legal issues to be examined.
ECCO’s application centered on the argument that subsidiary regulations must operate within the limits established by substantive legislation. Through its legal counsel, the organisation contended that the Copyright (Collective Management Organisations) Regulations, 2024 exceeded the authority granted under the Copyright Act, 2024.
At the heart of the dispute were three key issues:
1. ECCO challenged provisions within the Regulations that seek to impose a new licensing regime on existing Collective Management Organisations (CMOs). The organisation argued that the Copyright Act does not grant power to restrict an individual’s ability to license their own creative works, nor does it authorise the limitation of established CMOs from operating without first securing a newly issued government licence.
2. Another concern raised was the lack of a structured “grace period” to allow existing entities to transition into compliance. ECCO maintained that without transitional provisions, organisations like itself would be placed in immediate operational uncertainty despite having represented members lawfully for years.
3. ECCO also pointed to correspondence from the Ministry of Justice and Legal Affairs directing the organisation to immediately cease its CISAC-related operations — activities it says it has been legally incorporated to perform for over a decade — pending international compliance with the new regulatory framework.
The reference relates to the International Confederation of Societies of Authors and Composers (CISAC), the global network representing authors’ societies worldwide.
The case underscores growing debate within the Eastern Caribbean over the regulation of collective management organisations, which play a critical role in safeguarding the rights of songwriters, composers, and other rights holders by licensing works and distributing royalties.
While ECCO did not detail the full outcome of the Court’s ruling in its statement, it emphasised its continued commitment to operating within the law and engaging constructively on matters affecting the creative sector.
The development is expected to have implications not only for Saint Kitts and Nevis, but also for rights management and copyright administration across the wider Eastern Caribbean region.
