Copyright & You

If you are a songwriter, a poet, an artist; if you compose music, write or publish books, short stories or plays; if you choreograph dances, direct films, etc., copyright applies to you.

Copyright extends to practically all forms of literary, artistic, dramatic and musical works. Further, if you are a performing artist or a producer of sound recordings, you will be entitled to certain rights related to copyright under Jamaica’s Copyright Act of 1993.

Here are some answers to a few general questions that you may be asking about copyright.

What is Copyright?

Copyright is described as an intellectual property right. It consists of a bundle of different rights that a creator has in the creation of his/her intellect. Some of these rights, known as the economic rights, can be separately transferred, sold or licensed to different persons or corporations.

In the simplest terms, copyright is the right to copy. For example, only the author of a creative work being the copyright owner has the right to produce or reproduce, publish, distribute, broadcast his/her work etc. or any substantial part of it or to permit anyone else to do so.

To What Does Copyright Apply?

Copyright protects the forms in which an idea is expressed; it does not protect the idea itself.

Under Jamaica’s Copyright Act, 1993, copyright applies to original literary, dramatic or artistic works; sound recordings, films, broadcasts or cable programmes; typographical arrangements of published editions.

Literary works include works (other than a dramatic or musical work) that are written spoken or sung, such as computer programs, written tables and compilations. Musical works refer to works consisting of music.

Artistic works include graphic works such a paintings, drawings, diagrams, maps, charts, plans, engravings, etchings, lithographs, woodcut or similar work as well as photographs, sculptures, collages, buildings and models of buildings. Dramatic works include dances and mimes.

To Whom Does Copyright Apply?

All Jamaican nationals, citizens and habitual residents and corporate bodies established under Jamaican law can qualify as copyright owners under the Copyright Act. Nationals, citizens and habitual residents and corporate bodies established under laws of other specified countries including the United States of America, Canada, Japan and many European, African and Asian countries (listed in regulations under the Copyright Act), are also protected under the Jamaican law.

Are Jamaican Copyright Owners Protected Abroad?

Jamaicans qualify for international copyright protection in at least 116 countries of the world including those mentioned above.

Who Owns Copyright in a Work?

Under the Act, the author is the first owner of the copyright in the work unless there is an agreement to the contrary. Remember, the first owner may transfer, assign or license his/her rights to another.

The author is the person who creates the work. In relation to a literary work, it is the author of the work. For an artistic work (excluding photographs) it is the artist. For a photograph, the author/first copyright owner is the person taking the photograph. For a typographical arrangement of a published edition, it is the publisher. For a musical work, it is the composer of the underlying musical composition and the words. For a cable programme, the author is the person providing the programme with whom the transmitter has made the arrangements for its transmission.

To What Does Copyright Not Apply?

For a work to be copyrightable it must be substantial and original. Copyright usually does not protect titles by themselves or names, short word combinations, slogans, short phrases, methods, plots or factual information. Remember, copyright does not protect ideas or concepts.

How Long Does Copyright Last?

Copyright in any literary, dramatic, musical or artistic work expires at the end of the period of fifty (50) years from the end of the calendar year in which the author dies.

Copyright in a sound recording or film expires at the end of the period of fifty (50) years from the end of the calendar year in which it was made or made available to the public.

Copyright in a broadcast or cable programme expires at the end of the period of fifty (50) years from the end of the calendar year in which the broadcast was made or the programme included in a cable programme service.

Copyright in a typographical arrangement of a published edition expires at the end of the period of twenty-five (25) years from the end of the calendar year in which the edition was first published.

How Does One Copyright a Work?

When you create an original work, as soon as it is recorded in writing or otherwise, copyright automatically come into existence. You do not have to “register” your work in order to have copyright protection.

You may also place a proper record of your creation in an envelope, seal it and post it to yourself by registered mail. When it returns to your address, leave the envelope sealed and keep it in a safe place. This can be used as evidence of your copyright. Keep your rough work and other things you may have used in the creation of your work as further evidence.

When is Copyright Violated?

Copyright is infringed when a person without the license (permission/authority) of the copyright owner does anything to/with a work which only the copyright owner has the right to do.

There are few exceptions under the law which enables users of copyrighted works to use them for certain restricted purposes in specified circumstances.

How Does One Enforce Copyright or Exercise Control Over the Use of Protected Works?

Obtaining copyright protection under the Copyright Act is relatively simple. However, exercising and enforcing your rights and obtaining what is due to you for the use of your copyrighted works can prove challenging.

Exercising control of the use of your protected work depends mainly on you. The law provides a framework of the legal and enforcement systems to aid you. Depending on how widely and frequently your works are used, you may also have to solicit the aid of copyright agents or licensing bodies like the Jamaica Association of Composers Authors and Publishers (JACAP) or the Jamaica Intellectual Property Organization (JIPO) to help in this process.

The legal and enforcement framework includes the Courts of Law, the Copyright Tribunal and the Police.

The Copyright Tribunal may hear and make rulings on disputes where users and copyright owners cannot agree on the terms of licenses, royalty rates etc. As a last resort to your efforts at obtaining payment for the use of your copyright works or at preventing other violations of your copyright, you may take action in the civil courts. Remember to consult with a lawyer for advice and representation under law.

As certain copyright violations are offences under the law, the police also have a part to play in the enforcement. A member of the Constabulary Force of or above the rank of Inspector being satisfied that an offense is being committed, may, among other things, direct any constable to enter and search premises, vessels, vehicles etc. and to seize, remove or detain any infringing copies or articles. Domestic/private premises can only be entered and searched if a Court Magistrate has issued a warrant.