Development of JACAP
JACAP commenced operating in January 1999 and was the second recognised national collecting society to be established in the English speaking Caribbean with the Copyright Orgnaisation of Trinidad and Tobago (COTT) in Trinidad and Tobago being the first.
Since then, other national societies administering music rights have emerged in the wider Caribbean region (ACDAM in Cuba and SGAEDOM in Dominican Republic for example) and within the CARICOM territories: Copyright Society of Composers, Authors and Publishers Inc. (COSCAP) in Barbados and the Hewanorra Musical Society (HMS) in St. Lucia.
Also within the CARICOM region, other national societies have emerged administering other rights on a collective basis: CARRA (formerly BAMCI) in Barbados and JPAS in Jamaica administering neighbouring or related rights in sound recordings and performers’ rights respectively. JAMCOPY in Jamaica was the first reprographic rights society to be established in the region and recently the Trinidad and Tobago Reprographic Rights Organization was launched. (“Reprographic rights” refers to photocopying and other commercial exploitation of literary works).
JACAP is also a founding member of CCL. CCL was established in 2000 arising out of a mandate given by Ministers with responsibility for Intellectual Property in the CARICOM region to the World Intellectual Property Organization (WIPO) to adopt a regional approach to collective management of copyright and related rights. Prior to CCL, Caribbean countries in the Anglo-phone Caribbean depended on The Performing Right Society Limited (PRS) of the UK to actually perform or assist the functions of collecting and distributing royalties for Caribbean authors, composers and music publishers.
Currently, there are four national societies who are members of CCL, namely The Copyright Society of Composers, Authors and Publishers Inc. (COSCAP) of Barbados, the Copyright Organisation of Trinidad and Tobago (COTT), Hewanorra Musical Society Inc. (HMS) of St. Lucia and the Jamaica Association of Composers, Authors and Publishers (JACAP).
One of the main goals of CCL is to foster the development of national copyright societies in the Caribbean and enable such societies to be in a better position to collect royalties from regional and international markets. Serving as a Regional Centre, headquartered at COTT’s main office in Port of Spain, CCL is using the specially tailored “SGS” software programs (developed by the Spanish authors’ rights society, SGAE).
The SGS software, consists of a number of modules, among which are the documentation, distribution and (mechanical) licensing modules. These modules are being installed and tested on the CCL member societies’ computers sequentially to accurately monitor and maintain data standards for all incoming and exported information on musical works. To date all four founding societies of CCL have used the documentation and distribution modules to carry out performing right distributions. There is still concern about delivery and operation of the mechanical and performing right licensing modules.
At the international level, JACAP is an Associate Member of CISAC (Confédération Internationale des Sociétés d’Auteurs et Compositeurs/International Confederation of Societies of Authors and Composers). CISAC is the oldest international association of authors’ societies and was founded in 1926. CISAC has two important tools for the benefit of its member societies: firstly, the network of reciprocal representation contracts and, secondly, the system of exchange of documentation on the represented repertoires. By concluding contracts of reciprocal representation, the national societies must entrust one another on a mutual basis with the task of administering their members’ rights. Through the exchange of international documentation (i.e. information on members, works and agreements), each society is equipped to allocate to rights holders worldwide the royalties accruing to them.
Legal Status and Ownership
JACAP was incorporated on 4 March 1998 as a company limited by guarantee not having a share capital under the Companies Act of Jamaica. JACAP operates as a non-profit association and administers rights granted under the Copyright Act of 1993. JACAP is owned by its members :- composers, authors and publishers of musical works.
The Business Environment
In Jamaica we take music for granted. Music is everywhere around us. It is instilled in our diverse and multi ethnic culture. Yet there are people who are “offended” by the notion of having to pay for music. Copyright is rooted in the European civil law tradition of droite d’auteur, where historically for over two centuries it has been treated as akin to human rights. It is also rooted in the common law tradition of reaping financial rewards from creativity and innovation, dating back to the first copyright law, the Statute of Anne of 1710 in England, and Art. I, § 8, cl. 8 of the US Constitution.
Copyright compliance is relatively new to Jamaica and indeed the Caribbean region. In spite of JACAP’s presence and operations since 1999 music users on the whole remain hostile to being obligated to pay licence fees for the use of music. Furthermore, they also perceive that JACAP is “just collecting” or “harassing people for money”.
The Media Association of Jamaica has broadcaster members who are non compliant with the Copyright Act.