What is Copyright?

Copyright covers those areas relating to literary, artistic, musical, dramatic, architectural designs, maps, technical drawings, photographs, computer programs, choreography, advertisements, etc.
 
Copyright is an intellectual property right. It consists of a bundle of different rights that a creator has in respect of his/her intellectual creation. The Copyright owner has an exclusive right to exploit his/her creative work and has the authority to prevent others from using the work without his/her permission.

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

Literary works include works (other than a dramatic or musical work) which are written spoken or sung, such as a computer programs, written tables and compilations. Musical works refer to the melodic content of the work, whereas literary work encompasses the lyrical content of the work.

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

Licensing Copyright Works

The Copyright Owners may grant an assignment or license to perform any of the restricted acts in respect of his/her protected work/s. Restricted acts are; copying the work; issuing copies of the work to the public; performing the work in public, or in the case of a sound recording, film, broadcast or cable programme playing or showing the work in public; broadcasting the work or including it in a cable programme services; making an adaptation of the work.

It is recommended that Copyright owners become members of recognized Collective Management Societies, to facilitate the licensing of their rights. These societies will act on behalf of their members to negotiate licenses with persons wishing to use the protected works.
Local Societies include:

Jamaica Music Society Ltd (JAMMS)
Building #2
7 Stanton Terrace
Kingston 6
Tel: 876 978 3275 / 876 322 4245
Email: jamms@point2point.com.jm

The Jamaica Association of Authors
Composers & Publishers (JACAP)
21 Connolley Avenue
Kingston 4
Tel: 948 6439, 948 5937
Email: jacap@cwjamaica.com

Jamaica Copyright Licensing Agency (JAMCOPY)

Building #3, 17 Ruthven Road
Kingston 10
Phone: (876).754.8910
Email: jamcopy@cwjamaica.com

Jamaica Performers Administration Society (JAPAS)
7 Stanton Terrace
Kingston 6
Phone: (876).946.9442
Fax: (876).978.2338
Email: jpas@cwjamaica.com

Intellectual Property Services Centre (IPC)
7 Stanton Terrace
Kingston 6
Phone: (876).946.9442
Fax: (876).978.2338
Email: ipc@cwjamaica.com

Works Not Protected by Copyright

Copyright usually does not protect titles by themselves, names, short word combinations, slogans, short phrases, methods, plots or factual information, ideas or concepts.

Who Can Own Copyright?

The author of a work is the initial owner of the Copyright in that work. All Jamaican nationals, citizens and habitual residents and corporate bodies established under Jamaican Law can qualify as owners under the Copyright Act.

Nationals, citizens and habitual residents and corporate bodies established under the laws of other specified countries (listed in Regulations under the Act) including United States, Canada, countries of the European Union, Asia and Africa, are also protected under Jamaican Law.

Are Jamaican Copyright Owners Protected Abroad?

Jamaicans qualify for international Copyright protection in at least 158 countries including those mentioned above, who are all members of the principal international Treaty for Copyright protection known as the Berne Convention.

How Long Does Copyright Last?

Copyright in literary, dramatic, musical and artistic works lasts for the lifetime of the author and a period of fifty (50) years after the death of the author.

In cable programmes and broadcasts Copyright lasts for fifty (50) years from the end of the year in which the programme was included in a cable programme service, or the year in which the broadcast was made.

Copyright in a typographical arrangement of a published edition lasts for 25 years from the year in which the edition is first published

Is Registration Required For Copyright Protection?

Registration is not a requirement to obtain Copyright protection under the Copyright Act, nor is it required in any country which is a signatory of the Berne Convention.

There is also no requirement for a work to be deposited at JIPO in order to obtain protection. Copyright protection is automatic. When you create an original work, as soon as you have recorded the work in a material form, you may place on it a copyright notice, which is the word Copyright and or the copyright symbol ©, the date of creation and the name of the author of the work. This will give the public notice of your Copyright in the work. To prove ownership of Copyright in a court of law (if necessary).

You should also place a copy of your creation in an envelope, address the envelope to yourself as author of the work, seal it, and register it at your local post office. When it returns to your address, do not open it. Secure the sealed envelope in a safe place. This an internationally accepted procedure used in countries, that are members of the Berne Convention for the Protection of Literary and Artistic Works.

In addition, any person resident in Jamaica who publishes any library matter (which includes any document, paper, record or tape) is required by law to deposit copies of the publication with the National Library of Jamaica. This deposit provides a publicly recorded link between the publisher and the work.

For more information, contact the National Library of Jamaica at (876)967-1526, 967-2494 or www.nlj.org.jm

It is possible if you wish assistance in keeping a record of your work, to register locally at:

Intellectual Property Services Centre (IPC)
7 Stanton Terrace
Kingston 6
Phone: (876).946.9442
Fax: (876).978.2338
Email: ipc@cwjamaica.com
Website: http://www.ipcentre.org.jm

In the USA:

United States Copyrights Office
The Library of Congress
James Madison Memorial Building
101 Independence Avenue,
S.E., Washington, D.C.
USA
Tel: (202) 707 3000

In Canada:

The Canadian Intellectual Property Office
Place du Portage 1,50 Victoria Street Hull
Quebec, K1A OC9, CANADA

In Jamaica:

The National Library of Jamaica
(876)967-1526, 967-2494

How to Enforce Copyright

If your Copyright has been infringed, you may seek legal recourse by filing a law suit in the civil court. If your work has been pirated ie. where copies are reproduced without permission on a commercial scale, the matter should be reported to the Organized Crime Investigation Bureau, of the Jamaica Constabulary Force, located at the UDC Building, shop # 68, 8-10 Orange Street, Kingston, Tel (876) 922 3771 Fax: (876) 967 5627.

International Copyright Treaties to which Jamaica is Signatory

Berne Convention for Protection of Literary & Artistic Works

The Brussels Convention relating to the distribution of Programme carrying signals transmitted by satellite.

Rome Convention for the Protection of Performers, Producers of Phonogram and Broadcasting Organizations

Geneva Convention for the Protection of Phonograms against Unauthorized
Duplication of their Phonograms

WIPO Copyright Treaty (WCT) and WIPO Performances and Phonograms Treaty (WPPT) (popularly known as the “Internet Treaties”)