- FILE
Stitchie performs at Genesis 2005. His name has been used without his permission to sell items.
Andre Jebbinson, Staff Reporter
IT IS said that the words 'Coca Cola' have more value than all the drinks company's assets.
With many persons frantically trying to earn a quick buck, there has been misuse of the fame and hence marketability attached to the names of entertainers.
It is therefore essential that 'up and coming' as well established artistes appreciate the necessity of having their intellectual property registered.
Singer and songwriter Bob Andy brought suit against Penthouse Records and Sonic Sounds Limited in the mid-1990s. Andy sued over the use of his songs Fire Burning and Feeling Soul and the case was later settled out of court. According to an article published in the December 4, 1995, edition of THE STAR, the settlement included payment of mechanical royalties and Andy's legal fees.
Gospel recording artiste Stitchie has felt the brunt of not registering his name and trademark. For Stitchie, an ounce of prevention would have been better than a pound of cure.
"Education is key, because we suffer from a lack of knowledge," he said. "One of the best ways to get your name out there is to make sure you register your name as a trademark," he told The Sunday Gleaner.
STITCHIE A PRODUCT
Stitchie said his lawyers are currently in talks with an overseas-based operator of the website www.stitchie.com, which has been profiting from his name. "Stichie is not just an artiste, it's a product," he said at a recent Jamaica Intellectual Property Office (JIPO) workshop. The website is used to sell products seemingly attached to the recording artiste, who does not collect any of the proceeds.
Stitchie is also in talks with another company, which he did not name, about the use of one of his songs as a cellular phone ringtone. The company did not get his permission to use the song.
Persons who breach copyright are punishable by law. If found guilty, the person can be fined up to $100,000 per count, or sentenced to two years imprisonment, or both, for violation of the Copyright Act. The penalties are similar for trademark violation.
Copyright protects ones intellectual property, giving the creator of the work exclusive right to the work. This will prevent the work from being reproduced and exploited without the permission of the author.
Copyright is automatic, and therefore requires no formal registration. The Berne Convention for the Protection of Literary and Artistic Works, sometimes called the Berne Union or Berne Convention, recognises copyright among sovereign nations. Before the establishment of the Berne Convention, work created in a particular country could be reproduced and used in another country with the author's permission. That has changed, as member states now recognise the copyright work from another member state. Jamaica is one of the 158 Berne Union member states.
"A simple way of affixing copyright to a work is by having a post-marked envelope with a sample to mail to yourself," said Lonnette Fisher-Lynch, manager of JIPO. She said by doing this, should a court matter arise, the unopened envelope can be presented to a judge to prove ownership.
INTELLECTUAL PROPERTY
In order for an intellectual property to be copyrighted, the work must be original. Copyright protection lasts for the lifespan of the author, plus an additional 50 years posthumously.
While copyright is automatic, the principle is different for obtaining right to a trademark. In order for a trademark to be recognised, it must be registered with JIPO. A trademark is a symbol that is associated with certain goods and services. It is also used to readily and easily identify a company or a person's work. According to Fisher-Lynch, the trademark provides the author with exclusivity to the work and the author's name should always appear on the work.
The Madrid System is another system used to provide intellectual property creators protection. Similar to the Berne Convention, it has 78 members, but Jamaica is not one of them.
