'To be or not to be' copyright compliant
December 12, 2008
Copyright laws give to the creators of original artistic, literary, musical or dramatic works, the exclusive right to determine who, when, where and how much of their works are used.
This use includes making copies of the work, issuing copies to the public, performing the work in public or broadcasting the work.
Anyone wishing to use a work under copyright protection, given that the particular use is not included in the statutory exemptions specified in the Copyright Act of Jamaica 1993, must first obtain permission from the creator and in most instances, pay for the use.
Depending on the circumstances, it may be impractical or impossible for users and creators to be in direct contact with each other, especially with voluminous usage, such as a radio station playing over 1,000 different songs each week.
Permission
To facilitate an easier access, copyright societies, officially called Collective Management Organisations (CMOs), act on behalf of creators who are members of that society to grant permission - 'licences' - to users of the creator's work and collect the payment fees - 'royalties' - for distribution to their member creators.
There are three active CMOs operating in Jamaica by virtue of sections 87 to 99 of the Jamaican Copyright Act namely the Jamaica Association of Composers, Authors and Publishers Limited (JACAP) representing song writers, composers and music publishers; the Jamaican Copyright Licensing Agency (JAMCOPY) representing creators of works in print — for example, writers, poets, photographers, illustrators, journalists, visual artists, etc — and the Jamaica Music Society (JAMMS) representing record producers and/or label owners.
Repertoires
These societies grant licences for use of the copyrighted works within the repertoire which they administer. These repertoires comprise not only Jamaican works but also foreign works.
This access to foreign works is made possible through reciprocal agreements between the local CMOs and their equivalent around the world. Each national CMO is, therefore, responsible for collecting and distributing royalties to their local members and overseas affiliates....
Author: Gleaner Reporter
Source: Jamaica Gleaner
