Updated Tuesday, June 11, 2.30 pm
Earth Garden’s social media accounts went dark while the festival was in full swing last night, with organisers citing a “malicious” copyright claim as the cause.
However, the person who filed the claim said that he did so due to infringements on his trademark and that his actions were not malicious.
While attendees were dancing their hearts away in Ta Qali at the alternative music festival on Saturday night, the festival’s accounts on Facebook and Instagram disappeared, leaving many puzzled.
But in a statement on Sunday, the festival said that their accounts were “temporarily unavailable” and that they had gone dark due to a “third-party claim” to Meta, the social media provider.
Earth Garden's Facebook page remained unavailable on Sunday afternoon. Photo: Facebook
Earth Garden's Instagram page remained unavailable on Sunday afternoon. Photo: Instagram
According to Earth Garden, the claim was made by a former member of the band Manatapu, who has an ongoing dispute with his former bandmates about some use of the band’s licensing.
It is understood that this person did not leave the band on amicable terms and there is ongoing litigation about this matter.
Manatapu is one of the 140 musical acts that performed at the festival this year.
Earth Garden insisted that it was shown evidence by Manatapu that there were no copyright issues to be resolved about the band performing at the festival and said that the band’s legal representative has called the former member’s claims “baseless”.
“The band is in no way affiliated with Earth Garden and Earth Garden is in no way involved in any infringement. The band has provided all the necessary legal documentation proving there is no trade mark infringement and their lawyer has also informed Earth Garden that the claim is baseless and has nothing to do with Earth Garden, nor does it carry any legal weight in terms of the band performing live,” the festival said in its statement.
Earth Garden said that it is looking into resolving the matter of regaining access to its accounts with Meta and has also filed a police report due to “defamatory” statements being made by the former member of Manatapu.
In the meantime, the festival will still be posting updates to its website and will also be making use of the social media pages of Tribali, Jagged House, Dr Juice and Rock the South in the interim.
In comments to Times of Malta, former Manatapu member Jorge Bo Smid said that the social media accounts were suspended by Meta due to a trademark infringement.
Smid said that cease and desist warnings had been sent to Debono as well as his former bandmates Dario Vella Catalano and Ryan Abela.
"I made the band what it is and each person was shaped and mentored by me through the Mana. Manatapu is and was the biggest asset and band for Earth Garden and so am I, Jogy Bo," he said.
Smid is claiming that he holds the trademark for the use of the name 'Manatapu' and that its use on these social media accounts was violating his intellectual property rights.