Do you work in the creative industry? or does your business own assets which are not tangible assets like land, furniture, or shares? If the answer to either question is yes, then your work may be protected by copyright. Copyright is the legal right that gives the creator or owner control over the work. It comes into existence once the work is created and does not require any formal step of registration. Copyright owners can control whether someone can copy the work, perform it, adapt it, distribute it, or broadcast it. The Copyright Act is the primary source of law governing copyright in Jamaica.

Many rights, Many revenue streams

A single song can involve several separate copyrights, and each type of copyright can be an income stream all by itself.

For instance, a producer who is also a songwriter and musician can expect, at the very least, three streams of income. A producer or the person who made arrangements for the recording can benefit from income generated through ownership of the master, another stream of income would be from ownership of the lyrics of the song, and the other stream would be from being a musician on the track.

Music can also generate money through sync licensing which is a legal contract that allows synchronisation of music to any audiovisual work. Generally, two licences are granted — one for the use of the master recording and the other a sync licence for use of composition/songwriting. The licences required will vary per agreement.

There are several different types of sync licensing:

• Global ad campaigns

•National TV/radio ads, for example, the T-Mobile — Tell me Why / T-Mobile’s Version (Super Bowl Commercial 2026) featuring the Backstreet Boys, singing a reimagined version of I Want It That Way.

• Major studio films • Cable/streaming TV episodes

• Video games, for example, ‘Vroom’ was featured on the Gran Turismo 7 soundtrack album titled Find Your Line, released in March 2022 by the FaNaTiX feat Idris Elba, Lil Tjay, Davido, Koffee & Moelogo

• Micro-syncs for use of music in small scale visual media, eg YouTube or social media. Each agreement must reflect who owns the song and where it will be synced.

More than just book sales

An author of a book can earn more than from just print and e-book sales. Arrangements can be made to have the book converted into an audiobook or the book can be adapted into a film or television show.

For instance, Harper Lee’s Pulitzer Prize-winning novel To Kill a Mockingbird was adapted into a film that won three Academy Awards. The book and the movie would have different copyrights. FilMs and bRoadcasting There is value in the film-making process from the script to the final cut. Film producers earn by licensing the film to cinemas, streaming platforms and broadcasters. The copyright owners can also capitalise on merchandise sales and soundtracks to generate further income. Popular soundtracks include, for example, Let It Go from the movie Frozen released in 2013, and We Don’t Talk About Bruno from the movie Encanto released in 2021.

Films and Broadcasting

There is value in the film-making process from the script to the final cut. Film producers earn by licensing the film to cinemas, streaming platforms and broadcasters. The copyright owners can also capitalise on merchandise sales and soundtracks to generate further income. Popular soundtracks include, for example, Let It Go from the movie Frozen released in 2013, and We Don’t Talk About Bruno from the movie Encanto released in 2021.

How can you protect your work?

If you operate a music studio, publishing house, production company or if you are a creative, it is best practice to:

1) Record everything in writing — ensure verbal agreements are reduced to writing, and ensure business relationships are formalised with written contracts;

2) Use split sheets when creating music — Record each contributor’s percentage on the day of the session;

3) Assign ownership — work done by contractors/freelancers does not automatically belong to the business that paid for it unless the contract says so;

4) Licensing — grant permission for specific uses and for specific time periods;

5) Monitor and act — search for unauthorised use and file take-down requests to platforms or infringers and even be prepared to take legal action against them.

You should consult an attorney-at-law to ensure that your interests are properly secured.

Joshua Guiness-Brown is an associate at Myers, Fletcher and Gordon and a member of the firm’s Commercial Department. He may be contacted at joshua.guinessbrown@mfg.com.jm or through the firm’s website www.myersfletcher.com. This article is for general information purposes only and does not constitute legal advice.

Joshua Guiness-Brown .