There are two different components of a song – the lyrics of the song and the underlying musical composition.

Six (6) separate rights also exist in each component:

1. The right to make copies

…. of a work that are fixed in practically any form, including CDs, records and sheet music

1. The right to distribute

…. the copyrighted work to the public by sale or other transfer of ownership/possession

1. The right to display

…. images of a work such as projecting it on a screen

1. The right to perform

…. the copyrighted work publicly

1. The right to make derivatives

…. based on original work such as translations, motion picture adaptations, sound recordings, etc.

• The right to digital performance

…. of sound recording audio transmission

 

Each right requires permission/license and any use otherwise may be considered an infringement upon the owner’s legal rights (unless the use can be considered fair-use).

The lyrics and the music of a song may be written by a single person or by several people. At the end of the creation of the lyrics and/or music, the writer(s) is automatically the owner of the work (unless the work was made under work-for-hire) but is recommended to be registered with the copyright office.

The work may be transferred in whole or in part to a music publisher who may then own the rights in the work and pay the writer his/her share of earnings. Copyright in a work in Jamaica continues for the lifetime of the author/writer plus a period of 50 years thereafter.

The writer/author may opt to retain ownership (advised) and hire a co-publisher just to do the administrative work. A sub-publisher administers rights in another country/territory.

Music publishing can be very lucrative, as money is generated each time a song is used in any way or form in whole or in part.

Music Publisher’s Responsibilities

Include:

• Copyrighting musical compositions and making sure that the songs it represents are also protected in foreign countries
• Securing recording, television, stage and motion picture uses of songs
• Arranging for the manufacture and distribution of sheet music, folios, songwriter compilations and other music-oriented books
• Securing uses of songs in television and radio commercials
• Suing infringers of musical compositions and negotiating settlements, when appropriate
• Properly registering songs with all music related representatives and collection agencies so that royalties can be collected for record, tape, download and CD sales as well as for radio and television performances
• Staying abreast of new developments and formulating relevant policies and procedures so that songs may earn maximum compensation
• Promoting the creation of new songs by helping to support and develop promising writers
• Negotiating fees and issuing appropriate licenses for all uses of music
• Making sure that payments from licensees (record companies, video distributors, television and film producers) are paid on time and accurately
• Providing information to representatives in foreign territories so that those representatives remain aware of current developments with respect to a publisher’s catalog
• Giving potential users prompt and correct information on songs being considered for use so that decisions can be made quickly
• Promoting legislation affecting the music and entertainment industries and the protection of the rights of creators
• Promoting interest in songs and their writers through special projects for radio stations, producers, recording artists, film producers, television companies and all other users of music
• Keeping track of motion pictures, television shows, commercials and video projects in reproduction, production or postproduction so that compatible songs can be submitted to producers for possible inclusion
• Communicating daily with representatives in foreign countries to ensure that it has up-to-date knowledge of current developments in foreign territories and that the foreign representatives have an understanding of what is happening in its own territory

Work-For-Hire

A work made for hire is defined as “a work prepared by an employee within the scope of his or her employment or a work specifically ordered or commissioned for use as a contribution to a collective work, as part of a motion picture or other audiovisual work…. if the parties expressly agree in a written instrument signed by them that the work shall be considered a work made for hire.” In such a case, the employer, not the writer, becomes the “author” of the work as well as its copyright owner for the entire term of copyright.

Fair Use

The fair use of a copyrighted work for purposes such as criticism, comment, news reporting, teaching, scholarship or research, is a recognized defense to copyright infringement or exemption from liability for copyright infringement.

Whether a use is fair or is an infringement is generally determined from the specific facts surrounding that particular use.

Four factors are considered by a court in determining if a specific unauthorized use constitutes fair use:

1. The purpose or character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes.
2. The amount and substantiality of the portion used in relation to the copyrighted work as a whole.
3. The nature of the copyrighted work; whether the essence/ ‘heart’ of the original work is used.
4. The economic effect of the new work upon the original work.