NASSAU- A judge has refused to strike out an artist’s copyright claim against The Bahamas government for the use of the national flag.
James Alexander Darling began proceedings against the Attorney General for copyright infringement by a writ of summons on March 10, 2010.
Darling says he has held the copyright for the design called Fun in The Bahamas since 1964.
As he was just 10 years old, his sister wrote the letter to the Registrar General’s Department requesting the copyright his behalf.
According to Darling, The Bahamas flag is an exact replica of the design for which he holds the copyright and patent.
He said the government has used his design without his authority or permission.
Darling is seeking an injunction from further use and damages. Reverend Dr Hervis Bain, now deceased, has been credited as the creator of the national flag and the coat of arms.
The government entered an appearance on June 19, 2020.
Soon after, Kenria Smith, on behalf of the attorney general, asked the court to strike out the action because the statute of limitations had long passed.
However, Acting Justice Tara Cooper-Burnside disagreed.
She reasoned that the alleged tort “continued daily, a fresh cause of action accrued on a daily basis.”
Richette Percentie appeared for Darling.
