The music industry is its own complex world, generating approximately US$31.7 billion in revenue in 2025, according to the International Federation of the Phonographic Industry (IFPI).

The industry has different players and organisations that help it to function. To name a few, the industry is made up of songwriters, musicians, producers, record labels, digital music distributors, and collective management organisations. Each has its own role or function, and each should take care to ensure that it is protected.

Copyright first subsists with the author of a protected work who is deemed to be the first owner of the copyright in the work. The owner has the exclusive right to do or to authorise other people to do any of the following:

a) copy the work;

b) issue copies of the work to the public;

c) perform the work in public or, in the case of a sound recording, film, broadcast or cable programme, to play or show the work in public;

d) broadcast the work or include it in a cable programme service;

e) make an adaptation of the work and, in relation to such adaptation, to exercise any or all acts of ownership; or

f) authorise any communication to the public of the work by wire or wireless means, including making the work available for access by any member of the public from a place and time determined by the member of the public.

The copyright owner also has the right to allow synchronisation of their music to film. A “sync licence” is the legal contract which allows a film studio to synchronise your music to their film.

Uninformed contract signing

It is important for musicians, songwriters, and producers who own copyright in music to read contracts carefully to unearth obscure or difficult provisions which may unknowingly cause their rights to be transferred to other parties.

No written contract

There is often a lack of formality in the recording process. Informal arrangements between artistes, musicians, and producers caught in the heat of recording and producing music can lead to ownership challenges and royalty disputes. This is especially so because the process of producing a song includes different people collaborating to come to a final product.

From the outset of the arrangement, a written agreement should be produced and signed by the parties to ensure certainty in the business arrangement. These types of written agreements are commonly known as “split sheets” in the music industry. Verbal agreements are weak and are difficult to prove and to enforce.

Furthermore, if it is the intention of the parties to vary the natural position in law which states that the author is the first owner of the work, then having a written contract outlining the terms of the agreement is essential.

Registration with CMOs

Collective management organisations (CMOs) help manage the rights of songwriters, composers, publishers, producers, and record labels. In Jamaica, the Jamaica Association of Composers, Authors and Publishers (JACAP) and the Jamaica Music Society (JAMMS) are the responsible organisations.

Each organisation represents distinct groups of rights holders. JACAP collects and distributes fees for the use of compositions and lyrics on behalf of authors, songwriters, composers, and publishers, while JAMMS collects and distributes money for the use of recorded music on behalf of producers/record labels and performers.

JAMMS and JACAP are critical organisations in the music industry. They alleviate the burden on the groups they represent by collecting royalties for the use of their music in Jamaica and internationally by having reciprocal agreements with their counterparts in various countries.

JAMMS and JACAP issue licences to end users such as broadcasters, cable operators, party promoters, restaurants, and bars, upon the payment of a fee, for the right to use the music. If these end users do not obtain the respective licences, then the copyright owners will not be compensated for the use of their music in a public forum.

Digital streaming

Copyright owners have the right to permit or restrict the use of their work in any medium, including digital mediums.

Digital streaming services allow music to be played on demand by consumers all around the world. This is treated as a public performance or the communication of the work to the public. Platforms that offer these services need to obtain the owner’s permission to distribute the work.

Individual artistes and producers usually sign up with a digital music distributor (DMD) who acts as intermediary between them and major streaming platforms, such as Apple Music and Spotify, for the uploading and distribution of their work. DMDs are also responsible for collecting and distributing royalties in accordance with their individual agreements. It would be best to investigate the different DMDs available, taking care to review the terms and services offered so that you can reap the most benefit.

It is advisable that you consult an attorney to ensure your interests in your musical works are properly represented.

Joshua Guiness-Brown is an associate at Myers, Fletcher & Gordon and is a member of the firm’s Commercial Department. Joshua may be contacted via joshua.guiness-brown@mfg.com.jm or through the firm’s website at www.myersfletcher.com.