Intellectual Property Issues for the Music Sector

Intellectual Property Issues for the Music Sector Music Roundtable: CARIFORUM-EU EPA Provisions & Market Expectations 3rd CARIFORUM-EU Business Forum April 16, 2015 Montego Bay, Jamaica

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

The Components of Intellectual Property INTELLECTUAL PROPERTY RIGHTS

INDUSTRIAL PROPERTY

DESIGNS

PATENTS

COPYRIGHT & RELATED RIGHTS

TRADE MARKS

TRADITIONAL KNOWLEDGE

GEOGRAPHICAL INDICATIONS

A Comparative Look at Contributions of Š-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

Challenges in the Music Sector -

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

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Most countries regionally do not have a government-administered Copyright Registry (limited [weak] options)

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Copyright registration/ownership in a territory is not a guarantee of international recognition of rights.

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

Necessary Factors for Successful Copyright Management •Registration •Contractual Arrangements •Legal Advice •Secrecy Protection

•Licensing/Assigning •Collateralization/Mo netisation •Collective Management Income Generation

•Civil Suits •Deterrents in Legislation •Criminal Sanctions •Modernising Law

Enforcement

The Collective Management Systems Collective Management Organizations (CMOs) will collect and distribute royalties for use of copyright works locally and overseas (different types of rights administered per CMO) GLOBAL

REGIONAL BECLA

COTT

PPL ECCO

ACCS

SASUR

JAMCOPY

KOPIKEN

ALCS

JAMMS Soundreef

ECCLA

JACAP

TTRRO COSCAP

BCOPY

BECS

CISAC

PRS

IFPI

Cancopy Kopinor

JASRAC

KODA

AISGE 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-rights15049165

EPA and Copyright & Related Rights 

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”]

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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.

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Therefore, modernization of national laws a necessity to incorporate changes and harmonise approach to copyright as a region.

Basic Tips for Proper IP Management 

When discussing with investors/partners>> NONDISCLOSURE AGREEMENT

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When authorising any form of limited use of your IP by someone else>> LICENSING AGREEMENT

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When selling/giving your IP rights to someone else completely>> ASSIGNMENT

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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