In response to a news article printed in the Daily Gleaner on Monday, December 20, 2010 under the title “Artistes sings the Blues ‘, the Board of Directors of the Jamaica Association of Composers, Authors and Publishers Limited (JACAP) states the following:
JACAP was registered in 1999 as a collective management organisation (CMO) that administers the performing rights of music creators and music publishers locally (through membership) and internationally (through affiliation with similar societies worldwide).
JACAP is a member of the regional copyright body for music creators and music publishers, Caribbean Copyright Link (CCL) and the umbrella international organisation, the International Confederation of Societies of Authors and Composers (CISAC). Other members of CISAC include the American Society of Composers, Authors and Publishers (ASCAP), Broadcast Music Incorporated (BMI) and the Performing Right Society (PRS) the predecessor to JACAP to name a few.
CISAC requires its members to disseminate audited yearly reports in a prescribed format and these reports are made available for review by all registered JACAP members, other international member societies, and CISAC. These audited reports are also made available to the Government of Jamaica who has representation on the JACAP Board of Directors.
Royalty Payments
The international practice for the disbursement of royalties is as follows;
1. Royalties are only paid on active repertoires, i.e. works that are actually used by the licensees (music users), and only to registered members of the society. Certain persons quoted in the Daily Gleaner article are not due any monies from JACAP because they are not members of JACAP or their songs have not been played. JACAP cannot and will not pay out monies to non-members or members whose works are not used.
2. After administrative costs are paid the balance is distributable revenue.
3. Royalties are paid twice per year for the preceding year. J$10.1 million has been distributed to JACAP, and overseas, members for year 2009. Royalties are paid to Composers, Authors and Publishers, when their music is documented with JACAP, or any other society worldwide.
There is a legal requirement under the Copyright Act of Jamaica, 1993, for the media, airlines or any type of business that uses music to enhance their place of business (e.g. hotels, restaurants, stage shows) to be licensed.
Licensees are also required to submit to JACAP, a verified playlist of the music played from which accurate royalty distribution can be undertaken. When Jamaican radio and television stations, hotels and other corporate bodies, promoters of stage shows and other parties do not obtain the legally required licences from JACAP, they are in contravention of the law and are hindering the payment of royalties due to Jamaican music creators and publishers and, overseas creators.
Fraud Investigation
JACAP has commenced criminal proceedings against Desmond Smith, the immediate past accountant to JACAP whose services at JACAP have now been terminated pursuant to the conduct of a forensic audit by JACAP’s auditors. He has been arrested and charged, with defrauding JACAP. The case will be heard in early 2011. JACAP will allow due process to take place in this case.
Administrative Costs
The usual international range for administrative costs by societies is 25% – 30 %. JACAP’s administrative costs have always fallen within this range for 9 out of its 11 years of existence. The exceptional increase to 52% in the last 2 years is due to the purchase of a building for the society. The current administrative costs neither are, nor will be, a permanent situation.
Queries can be directed to:
Mr. Junior Weir
General Manager
Jamaica Association of Composers, Authors and Publishers Ltd.
21 Connolley Avenue
Kingston 4
948-6439/967-9828
Date: January 24, 2011