Need to verify copyright compliance? There’s an app for that
The Jamaica Music Society (JAMMS) has unveiled an app that will allow the police to determine whether or not a promoter has obtained the requisite copyright permit for his event.
This occurred at last Tuesday’s Copyright Enforcement Workshop at the Knutsford Court Hotel, which brought together all the Divisional Commanders of the Jamaica Constabulary Force, Jamaica Association of Composers Authors and Publishers (JACAP), and licensing authorities from the United States, Portugal and Barbados. Minister of Culture, Entertainment, Gender and Sports Olivia Grange was also represented at the event.
Evon Mullings, general manager of JAMMS, told the
Jamaica Observer that the app is part of efforts to intensify copyright compliance.
“We have made significant strides in recent years to bring about greater copyright compliance; however, with better collaboration and co-operation with the police and other authorities, the CMOs (collective management organisations), as national licensing bodies, will be better able to have wider and deeper impact, thereby bringing into compliance significantly more event promoters. Strong enforcement measures are necessary to send a signal that we are serious about compliance and serious about our mandate. Our objective is to bring about increased copyright compliance, thereby enabling promoters to play music legally, without the fear, embarrassment or financial loss of having the music turned off at their event,” he said.
In Jamaica there are two national CMOs — JAMMS and JACAP. The former represents record producers/record labels and performers, while the latter represents songwriters, composers and music publishers.
Mullings explained that the copyright licence requirement applies to all events where music is played to an audience, outside of the ‘domestic circle’. That includes, but is not limited to, nightclubs, bars, restaurants, hotels, and house parties.
A major objective of the workshop, he indicated, was to increase the awareness of the senior ranking officers of the police force about the role and mandate of the collecting societies, as well as to explore best practices and approaches that support copyright enforcement in the context of the thousands of musical events held each year, which, by law, must have permits from the national collecting societies.
JAMMS, the national CMO which handles the administration of record producers’ rights in Jamaica, staged the workshop in collaboration with the International Federation of the Phonographic Industry (IFPI).
Senior Superintendent of Police Steve McGregor, head of Territorial Operations, acknowledged that the existing laws and regulations needed to be strengthened and better enforced, but he said there were nevertheless certain measures that could and would be taken to support the CMOs in ensuring that there was far greater compliance. He said thousands of parties, dances, round robins, drink outs, concerts, and other social gatherings are held in Jamaica every year, but not all have been complying.
It was revealed at the workshop that in 2014, over 24,000 events obtained an amusement licence from the parish councils; however, only a fraction of that number obtained the requisite copyright permits. It was also revealed that copyright compliance by event promoters in some parishes such as St Elizabeth, St Thomas, St Mary, Trelawny and St James was well below acceptable levels.
In Grange’s presentation, which was delivered by Dr Janice Lindsay, principal director in the ministry, she asserted the need for greater compliance and respect for copyright. She highlighted the critical importance of the role of CMOs as the “guardians and protectors of copyright and related rights in helping to sustain the livelihood of thousands of Jamaican music practitioners.”
Under the copyright laws of Jamaica, and almost all jurisdictions internationally, businesses, including event promoters, must first obtain a copyright licence or permit from the national CMO which represents both local and international copyright owners and are mandated to issue licences/permits and collect the applicable fees, which are then paid over to the copyright owners as royalties.
Mullings explained that although some promoters claimed ignorance of the requirement, it “is becoming even more baseless as significant efforts have been made by both JAMMS and JACAP over the years to bring awareness to the public”.
He emphasised, however, that there will be significant ramping up of public awareness initiatives, “beginning almost immediately” across both traditional media and digital media platforms.