Intellectual Property Issues for the Music Sector

Intellectual Property Issues for the Music Sector Music Roundtable: CARIFORUM-EU EPA Provisions & Market Expectations

3 rd 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

COPYRIGHT & RELATED RIGHTS

INDUSTRIAL PROPERTY

TRADITIONAL KNOWLEDGE

GEOGRAPHICAL INDICATIONS

TRADE MARKS

DESIGNS

PATENTS

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

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. - 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

Necessary Factors for Successful

Copyright Management

•Registration •Contractual Arrangements •Legal Advice •Secrecy

Protection

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

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

Income Generation

Enforcement

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

GLOBAL

REGIONAL

KOPIKEN

BECLA

PPL

COTT

BECS

CISAC

ECCO

ALCS

ACCS

SASUR

PRS

IFPI

JAMMS

Soundreef

JASRAC

JAMCOPY

KODA

JACAP

ECCLA

Cancopy

TTRRO

AISGE

BCOPY

Kopinor

BMI

COSCAP

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

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”]  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.

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