PREPARING a piece of music for publication is one of the jobs in the creative arts field that almost always requires the contribution of several persons. The job does not usually get done by just one person, and of course, this situation raises business and legal questions as to what the rights of the various contributors are on different occasions. The rights of each contributor oftentimes influence his/her entitlement to be paid, how much and at what stage. Because of the nature of the rights involved in the creation and publication of music, it is important that the parties negotiate their rights as early as possible.

Furthermore, showbiz is not only about the rights associated with the actual piece of music created, but the reputation and image of the artistes are also important income generators — sometimes even more valuable than a song or an album. The estates of Bob Marley, Elvis Presley and James Brown continue to earn far more than many of us who are alive and working. Forbes Magazine reported that the estate of Kurt Cobain who died in 1994 at the young age of 27 earned US$50 million for the year in 2006, and the estate of Elvis Presley who died in 1977 at the age of 42 earned US$42 million during the 12-month period of 2006. All of this income is being generated and getting into the right hands because of the investment made in legal and other professional advice to ensure that contracts are honoured, that people who still wish to use the deceased artiste’s work enter into appropriate contracts and that any infringement of rights are appropriately

dealt with.

In Jamaica, the world popular dancehall and reggae music industry is slowly becoming more formalised. As with many other things in this country, we seem not to be harnessing the full potential of our unique and extraordinary resources. Do our top and upcoming reggae and dancehall artistes, producers, musicians, choreographers, dancers, song writers and comedians have lawyers and other professional advisors who will assist them in ensuring that, from their hard work they will reap real rewards now and “forever”?

Under our Copyright Act, copyright is automatically vested in the author of a work and that author has the right to exclusive control of the work for the lifetime of the creator of a literary work plus 50 years. In the case of a sound recording, the duration of the copyright is 50 years from the release of the recording. All artistes are automatically vested with the ownership of their work. A recording artiste, for example, who then wishes to differentiate his success from that of other recording artistes would need to organise his affairs. This usually means that he should enter into appropriate contracts with:

(a) producers — to ensure that the producer does not take ownership of the lyrics and performance of the song. The producer usually owns the musical composition and the master recording. Where artistes know the relative value of their work to the success of the final project they will be better able to negotiate a fair income for assignments or licences.

(b) Corporate entities who wish to use the artiste’s face, voice and/or persona for advertisement campaigns — to ensure that the scope of rights granted to the corporate entity is clearly defined. The agreement would deal with important issues such as how long the company will be able to use the material, in which countries, whether they will be able to make adaptations of the work and whether ownership passes to them.

(c) Local and overseas event promoters who wish to have the appearance of the artiste.

(d) Film makers who wish to incorporate the artiste’s work.

(e) Publishing houses and recording companies.

(f) Other artistes who wish to do collaborations.

(g) Companies promoting live performances, such as plays, which incorporate the artiste’s work.

(h) Any third party who wishes to use in any shape or form the works of the artiste. To protect the integrity and value of the artiste’s work, ideally, contracts should be entered into even with charities.

The business of reggae and dancehall music should be conducted with the same level of attention to detail and protection of rights as other international businesses.

Andrea Scarlett-Lozer is an Associate at Myers, Fletcher & Gordon, Attorneys-at-law, 21 East Street, Kingston. She is a member of the firm’s Commercial and Intellectual Property Departments, as well as, the Sports & Entertainment Law Practice Group. She can be contacted at andrea.scarlett@mfg.com.jm or via www.myersfletcher.com.jm.