The initiative will focus especially on event promoters/event organizers, given that almost by necessity music is played at their events.
All party promoters, club operators, and in general all persons or businesses having music played at their events or in their businesses are required by law to obtain the relevant copyright licence. The licensing requirement has been a part of copyright law for many years, locally and internationally, but compliance in Jamaica has been low and enforcement needed to be more robust.
This enforcement program will be an ongoing one and all event organizers, in making preparations for their events, will be required, as a matter of course, to comply with this requirement to obtain a JAMMS Copyright Permit/Licence, before being issued with final Police approval for their event.
Under local and international copyright law, persons or entities wishing to broadcast or play music publicly, must obtain a copyright permit/license from the rights-owners. Such permission is obtained through the National Collecting Societies. In Jamaica, JAMMS is the members-based National Collecting Society/’Licensing Agency’ established to manage the ‘public performance rights’ of Record Producers.
The General Manager of JAMMS Mr. Evon Mullings is sending a strong warning to the category of music users in question. “We are aiming to build copyright compliance in Jamaica and the playing of recorded music is a necessity for party promoters and club operators, and so they especially will be under the radar of the compliance initiative that is being launched. The support of the Police will help to make it a more level playing field for those already complying”.
Under the initiative all party promoters will be required to obtain the JAMMS Copyright Permit, along with the Parish Council/KSAC Permit, and all the other usual Permits or approvals needed in order to stage an event, before the Police will issue the Promoter with final approval. The requirement for event promoters to obtain copyright clearance from National Collecting Societies, to have music played at their events is not new; however, through the collaboration with JAMMS, the Police will make it a standard requirement that must be met.
Apart from upholding the local copyright laws by helping to protect intellectual property rights of creators and owners of music, the JCF is also mindful of Jamaica’s international obligations under the various Treaties and Conventions dealing with copyright, as without a well-functioning copyright administration system, Jamaica may fall in breach of its international obligations. In 2011/12 Jamaica was one of several countries placed on the USA’s Priority Watch list in relation to its protection and enforcement of Intellectual Property Rights.
SSP Clifford Chambers, the Head of the Organized Crime Investigation Division (OCID), under which the initiative falls, explains that “This copyright initiative will be enforced island-wide. All our Commanding Officers islandwide will be sensitized and enforcement will be in full effect thereafter. This enforcement initiative could not have come at a more opportune time, particularly as we move as a nation and as a Force, to value and protect our creative assets. Intellectual Property has equal protection under the law and so we encourage all event promoters and club operators to secure from JAMMS, the relevant Permit/Licence to bring their event/business into compliance, as copyright infringement in all forms will not be tolerated.”
In commenting on the initiative, Head of IFPI Latin America, Mr. Javier Asensio emphasized that “The International recording industry welcomes the decision of the Jamaican Police Force to enforce the public performance rights of Record Producers. This is a milestone for the economic recovery of vibrant Jamaican music industry, in the long process to get fair compensation for the talent and hard work behind any record”.
In recognizing the collaboration with the police as a major milestone, Chairman of JAMMS, Record Producer Danny Brownie noted that “The Jamaica Music Society, since its inception in 2007, has been working tirelessly on behalf of its members and affiliates to ensure that their rights are fully upheld. With the JCF’s backing however the stage is set for a new era of copyright compliance in Jamaica, and this renewed posture from the authorities is to be fully commended”.
Over the past several months JAMMS has stepped up its publicity campaign, especially through its prevalent radio and television advertising campaign which reminds the public that ‘Where recorded music is played copyright owners must be paid’. Many persons and businesses have so far heeded this call. Those not yet doing so will soon have to meet this legal requirement, as a matter of course.
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