MADRID PROTOCOL GUIDE FOR JAMAICA

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Has there been any Copyright disputes before the court?

Yes. In 2003 five criminal prosecutions were brought for Copyright infringement. Some of the cases were as follows:

• R v James Bryan (2003) Morant Bay
• R v Marie Samms (2003) Half Way Tree
• R v Carl Gibson (2003) Half Way Tree
• R v David Marzouca and others (2003) Montego Bay
• R v Kipling Salmon (2003) Half Way Tree

There were proceedings in the Civil Court in 2010. Some of the cases were as follows:

• Paymaster Jamaica Ltd v Grace Kennedy Remittances (2010)
• Andre Tyrell v Cordell Burrell and another (2012)
• American Gift Corperation Ltd. v My Choice Ltd. (2014)
• TVJ Ltd. v CVM TV Ltd. (2015)

What categories of original works are protected by the Jamaican Copyright Act?

There are 9 categories of protected works, these are literary, artistic, dramatic, musical, sound recordings, films, broadcasts, cable programs, typographical arrangements of published editions. This is a closed list. Works that do not fall within any of these categories cannot be the subject of Copyright protection.

How long does Copyright protection last?

This is dependent upon the nature of the work:

Literary, Dramatic, Musical, Artistic Works- Life of the Author plus Ninety Five years (95).

Sound Recordings and Films – 95 years from the end of the calendar year in which it was first made available to the public.

Broadcasts – 95 years from the end of the calendar year in which broadcast was made.

Typographical Arrangements – 50 years from the end of the calendar year in which it was published.

After the expiration of this period, anyone may use the work freely without the author's permission and the work is thus said to be in the public domain

How do I transfer my Copyright?

This may be done in three ways:

• Licence - this is specific authorisation from the Copyright owner to use the work for a specified purpose for a specified time, usually for a fee. The terms of the licence are usually negotiated between the parties.
• Assignment – this is an out right give away of all the rights and privileges associated with Copyright for the remaining duration of the Copyright term, except for the moral rights , which remain with the author indefinitely unless waived. An Assignment must be in writing to be valid.
• Succession – this is where the copyright is transferred on the death of the author, either by will or on an intestacy (ie. Where there is no Will) to surviving heirs.

What International Treaties/Conventions on IP is Jamaica a party to?

The International Treaties/Conventions on IP that Jamaica is party to are:

• Convention establishing the World Intellectual Property Organization, WIPO (December 1978)
• Paris Convention for the Protection of Industrial Property (December 1999)
• Berne Convention for the Protection of Literary and Artistic Works (January 1994)
• Convention for the Protection of Producers of Phonograms Against Unauthorized Duplication of their Phonograms (January 1994)
• Convention on Protection of Producers of Phonograms Against Unauthorised Duplication of their Phonograms (January 1994)
• Convention Relating to the Distribution of Programme Carrying Signals Transmitted by Satellite (January 2000)
• Nairobi Treaty on the Protection of the Olympic Symbol (March 1984)
• WIPO Performances and Phonograms Treaty (June 2002)
• WIPO Copyright Treaty ( June 2002)
• WTO Trade Related Aspects of Intellectual Property