The recent lawsuit filed by Haitian music icon Fabrice Rouzier against French-Haitian singer Joé Dwèt Filé and Nigerian Afrobeats superstar Burna Boy over the alleged unauthorized sampling of his 2002 hit song “Je Vais” has ignited a crucial debate about music copyright, particularly as it intersects with the unique and often challenging landscape of the Haitian music market.
However, this legal battle takes on an even more intricate dimension with the revelation that Rouzier’s “Je Vais” itself bears a significant resemblance to “Ti Tas,” a song originally created by the legendary Haitian band Les Freres Dodo. Understanding the potential copyright protections for “Je Vais,” the original context of “Ti Tas,” the implications of this new layer of the case, and the broader context of intellectual property in Haiti is now even more critical to grasping the full significance of this unfolding legal saga.
On April 21, 2025, Plaintiff Rouzier as claimant filed a copyright application with the U.S. Copyright Office for such audio-visual work related to “Je Vais.” The fact that “Je Vais” was a hit in 2002 establishes its creation and public release. Copyright protection for musical works generally arises automatically upon their creation and fixation in a tangible medium. Formal registration, whether with the U.S. Copyright Office or Haiti’s Bureau Haïtien du Droit d’Auteur (BHDA), offers substantial legal advantages, including the ability to readily pursue infringement lawsuits and stronger evidence of ownership.
According to the International Trade Administration, Haitian law does protect copyrights, granting the owner exploitation rights for their lifetime plus 60 years. Registration with the BHDA is required to fully benefit from these protections. Haiti is also a signatory to the Berne Convention, ensuring reciprocal copyright protection in member countries. Copyright Index also asserts its recognition in Haiti and internationally for official registration. This suggests Rouzier is leveraging either his recent U.S. copyright application or the Berne Convention to assert his rights against the defendants whose works have significant U.S. distribution.
The lawsuit alleges that Joé Dwèt Filé’s “4 Kampe” (October 2024) and the remix featuring Burna Boy, “4 Kampe II” (March 2025), unlawfully copied elements of “Je Vais,” including the storyline, musical composition, sound recording, and visual materials. The specific mention of the lyric “Chérie, ou sou sa kampe” in “4 Kampe II” being similar in phrasing and romantic theme to Rouzier’s work underscores the claim of direct copying and thematic infringement.
However, the narrative shifts considerably with the acknowledgment of the foundational influence of Les Freres Dodo’s “Ti Tas” on “Je Vais.” Sources within the Haitian music community have long recognized the significant similarities, suggesting that “Je Vais” was not entirely an original creation but rather a reinterpretation or adaptation of “Ti Tas.” Les Freres Dodo, a highly influential band in Haitian music history, created “Ti Tas” at an earlier, yet to be precisely dated within this article, timeframe. The extent to which “Je Vais” borrowed melodic structures, lyrical themes, or overall musical ideas from “Ti Tas” now becomes a central question in understanding the legitimacy of Rouzier’s copyright claim against File and Burna Boy.
This new layer has profound implications:
- The Originality of “Je Vais” and the Timing of Rouzier’s Copyright Application: The fact that Rouzier filed his U.S. copyright application for the audio-visual work of “Je Vais” on April 21, 2025 – after the release of both “4 Kampe” and its remix, and presumably after any alleged infringement occurred – raises questions about the timing and intent of this registration. While registration isn’t required to hold copyright, it is necessary to file an infringement lawsuit in the U.S. and provides significant legal advantages regarding proof of ownership and statutory damages. The originality of “Je Vais” itself, given its connection to “Ti Tas,” will be a critical factor in determining the strength of this newly filed copyright.
- Defining the Scope of Copyright in Derivative Works: The lawsuit will now likely need to consider the extent to which “Je Vais” is an original work versus a derivative work based on “Ti Tas.” Copyright protection for derivative works extends only to the original contributions made by the subsequent author, not to the underlying copyrighted material. This distinction will be crucial in determining what aspects of “Je Vais,” if any, are actually protected under Rouzier’s recent registration.
- The Rights of Les Freres Dodo: The emergence of “Ti Tas” as a potential source material raises questions about the intellectual property rights of Les Freres Dodo. Depending on when “Ti Tas” was created and fixed, and whether it was ever formally copyrighted under Haitian law or international agreements, Les Freres Dodo’s estate or surviving members may have grounds to pursue their own legal action regarding the use of their work in “Je Vais.”
- The Complex History of Sampling and Adaptation in Haitian Music: The situation highlights the often informal and tradition-based nature of musical creation and adaptation within some music markets, including potentially Haiti at the time “Je Vais” was created. Understanding the cultural norms around borrowing and reinterpreting existing musical works in Haiti’s history is crucial context for this case.
- The Urgency for Clear Copyright Infrastructure in Haiti: This situation further underscores the critical need for a robust and well-understood copyright infrastructure in Haiti. The lack of clear records and enforcement mechanisms can lead to these complex scenarios where the originality of a work itself comes into question decades later. The lawsuit alleges that Joé Dwèt Filé’s “4 Kampe” and its remix may have incorporated elements of “Je Vais” without proper licensing, raising questions about the responsibility of both artists and their associated labels (Atlantic Records Group and Universal Music Publishing France). Burna Boy’s alleged awareness of the initial infringement claims against Joe Dwet File before their collaboration further complicates the issue of due diligence.
The fact that the plaintiff is Haitian, one defendant is French-Haitian, and the other is Nigerian, with the lawsuit in the U.S., underscores the global nature of music and the difficulties of enforcing copyright across jurisdictions. International treaties like the Berne Convention aim to harmonize copyright protection, but enforcement remains complex, especially when the originality of the plaintiff’s work is now in question.
The challenges within the Haitian music market concerning copyright, including weak enforcement, an informal economy, limited awareness, and the absence of strong collecting societies, are further highlighted by this development. The potential lack of formal copyright for “Ti Tas” at the time “Je Vais” was created could explain why this issue is only now coming to light in the context of Rouzier’s own infringement claim and his recent U.S. copyright application.
The filing of this lawsuit by Fabrice Rouzier in a U.S. court, now with the shadow of “Ti Tas” looming, could still raise awareness about copyright issues within the Haitian music community. However, it also necessitates a deeper examination of the history and originality of the works involved. It may also prompt crucial discussions about the need for artists to properly attribute and license pre-existing works, even within cultural contexts where borrowing might be more common.
In conclusion, the lawsuit between Fabrice Rouzier, Joé Dwèt Filé, and Burna Boy is now a multi-layered dispute. It not only concerns alleged unauthorized sampling but also brings to the forefront questions about the originality of the work being protected, the legacy of Les Freres Dodo and “Ti Tas,” and the ongoing challenges of copyright in the Haitian music market. The timing of Rouzier’s U.S. copyright application adds another layer of intrigue to this complex legal battle. The outcome of this case could have significant implications for copyright law, the practice of sampling, the responsibilities of collaborating artists and labels, and the future of intellectual property rights awareness and enforcement, particularly concerning the acknowledgment and licensing of foundational works within musical traditions. It underscores the critical need for artists worldwide to not only protect their creations but also to be mindful of the sources and inspirations behind their work.