JACAP sparks change to the Copyright Act

THE JAMAICA Association of Composers, Authors and Publishers (JACAP) has been an advocate for composers, authors and publishers of music for 21 years. Their assistance along with several other Collective Management Organisations (CMOs) were instrumental in lobbying for changes to be made to the Copyright Act 1993. These changes would allow for JACAP to better represent the creative sector while ensuring a great level of transparency and even accountability. The Copyright Act of Jamaica assures authors and owners of original musical, dramatic or artistic works certain exclusive rights over the use of their works. These rights meant that if someone is desirous to use this work, they would require permission or a license from the copyright owner, who is entitled to receive royalties. In September 2013, then Minister of Industry, Investment, and Commerce Anthony Hylton spoke publicly about his efforts to strengthen the Copyright Act at a JACAP Members’ Forum. The CMOs and Hylton collectively proposed that copyright protection be extended from 50 years to 95 years. After a great deal of lobbying, this came to pass in 2015 when the members of the House of Representatives concluded the debate on the bill and soon after the amendments were made final. This was a great success for JACAP who had become increasingly vocal on the need for change. It didn’t stop there, JACAP had now garnered even more attention from media houses who were non-compliant after years of negotiations. As they stood their grounds, the company which represents over two million creators of music worldwide, including over 3800 Jamaicans brought lawsuits against these media houses on charges of breaches of the Copyright Laws.

JACAP STANDS FIRM

One of JACAP’s biggest win was the lawsuit against cable operators Mars Cable Vision Limited. On November 28, 2018 after a prolonged legal battle, the Supreme Court entered judgement in default against Mars Cable Vision Limited in the matter as JACAP, by reciprocal agreements, are mandated to collect royalties from anybody who uses the creativity of individuals, authors, composers, and publishers. The court further ordered specific disclosure of the audited financials of Mars Cable Vision Limited and costs of the application for judgement to be awarded to JACAP to be taxed if not agreed. JACAP has maintained that they will ensure efficiency, transparency and good governance for its members’ rights and royalties. In 2013 the Office of the United States Trade Representative named Jamaica as one of the rogue countries on a Special 301 Watch List due to inadequate payment of public performance royalties. This reflected badly on Jamaica but reiterated the needed efforts of JACAP to get ‘tough’ on the users of creative works. The Jamaican government was warned that adequate copyright payments must be made when US musical compositions are performed in TV and radio broadcasts, over cable systems and in all other kinds of public performances. As years progressed JACAP built a solid relationship with the Jamaica Constabulary Force, head of the Organized Crime Investigation Division, and the respective parish councils in a bid to strengthen and enforce the Copyright Act. The presenting of a JACAP license became a prerequisite for promoters to receive a permit to host an event. All music users are reminded that a JACAP license is a legal requirement that allows the legitimate use of local and international music in Jamaica.