Intellectual Property Issues for the Music Sector

Music Roundtable: CARIFORUM-EU EPA Provisions & Market Expectations

Presented by: Miss Marissa Longsworth Manager, Copyright & Related Rights Directorate/ Attorney-at-Law

3rd CARIFORUM-EU Business Forum April 16, 2015

Montego Bay, Jamaica

The Components of Intellectual

Property

INTELLECTUAL

PROPERTY

RIGHTS

INDUSTRIAL

PROPERTY

DESIGNS PATENTS TRADE

MARKS

GEOGRAPHICAL

INDICATIONS

COPYRIGHT

&

RELATED RIGHTS

TRADITIONAL

KNOWLEDGE

A Comparative Look at Contributions of

©-Based Industries

The Peculiarities Of Copyright

• Copyright protection is automatic (Berne Convention)

but

• Documentary assertion of ownership is important for legal disputes, showing proof to investors/publishers etc.

Copyright (and other IP rights) are private property rights. Therefore, rights owners SHOULD:

1. Document their ownership and any transfer of rights (locally and internationally)

2. Monitor for & act on infringements (civil+criminal)

3. Utilize collective management organizations for income generation

Lack of formal documents and agreements weakens a person’s claim to their copyright

- Lack of awareness of (1) Copyright and its privileges; and (2) Need to document ownership and any dealings with works.

- Most countries regionally do not have a

government-administered Copyright Registry (limited [weak] options)

- Copyright registration/ownership in a territory is

not a guarantee of international recognition of rights.

- Readiness of judiciary (regionally) to deal with complexities of infringements etc

Challenges in the Music Sector

•Registration

•Contractual Arrangements

•Legal Advice

•Secrecy

Protection

•Licensing/Assigning

•Collateralization/Monetisation

•Collective Management

Income Generation

•Civil Suits

•Deterrents in Legislation

•Criminal Sanctions

•Modernising Law

Enforcement

Necessary Factors for Successful

Copyright Management

Collective Management Organizations (CMOs) will collect and distribute royalties for use of copyright

works locally and overseas (different types of rights administered per CMO)

The Collective Management Systems

COTT

SASUR

JAMCOPY JACAP

JAMMS

TTRRO

BECLA

COSCAP BCOPY

ACCS

ECCO

ECCLA

REGIONAL

PPL

ALCS

Soundreef JASRAC

PRS

Cancopy

KOPIKEN

Kopinor

AISGE

CISAC BECS

KODA

GLOBAL

IFPI

BMI

Components of a Healthy Income-Generating Copyright Environment

Source: Dr. Supatchara Distabanjong http://www.slideshare.net/supatchara/protection-and-management-of-copyright-and-related-rights-15049165

Art 143.1 CARIFORUM EPA: requires that signatory countries comply with provisions under WIPO Copyright Treaty (WCT) and WIPO Phonograms & Performances Treaty (WPPT) [o/c “WIPO Internet Treaties”]

In essence, these agreements essentially

commit to regulation and protection of digital and internet content at the same level as that provided for in the US and EU.

Therefore, modernization of national laws a

necessity to incorporate changes and harmonise approach to copyright as a region.

EPA and Copyright & Related Rights

Basic Tips for Proper IP Management

When discussing with investors/partners>> NON-DISCLOSURE AGREEMENT

When authorising any form of limited use of your

IP by someone else>> LICENSING AGREEMENT When selling/giving your IP rights to someone else

completely>> ASSIGNMENT When IP commercially released, register with a

Collective Management Organization (locally or overseas)/Management firm to collect royalties for you

Thank You!

Jamaica Intellectual Property Office

18 Trafalgar Road

Ground Floor, JAMPRO building

Kingston 10

Telephone: 946-1300; 946-0789; 946-9216

www. jipo.gov.jm

www.facebook.com/JIPOOnline Copyright JIPO 2014