Krista Henry, Staff Reporter

Simpson

Jamaican culture has been pirated across the globe, with persons exploiting the island's music, writing, dances and other cultural products without any compensation coming back to the creators.

For a tiny country, one of the island's biggest assets is her culture in its many tangible forms. The efforts to protect Jamaica's creative rights are seen in the development and progress of collective licensing and enforcement of copyright. In the Caribbean, Jamaica is ahead of the game.

Copyright describes a set of exclusive rights granted to creative works, including dramatic or artistic pieces, music, writings, paintings, sculptures or computer programmes, which are protected by law up to 50 years after the owner dies. Copyright extends to practically all forms of literary, artistic, dramatic and musical works and is protected in Jamaica through the Jamaica Association of Composers, Authors and Publishers, the Jamaica Copyright Licensing Agency (JAMCOPY), the Jamaica Music Society and the Intellectual Property Centre (IPC), among others.

Gov't protection agency

These bootleg DVD movies and CDs were seized during a sting operation by the Flying Squad, in May 2007. - File

One of the companies protecting copyright interests in Jamaica is the Jamaica Intellectual Property Office (JIPO). Carol Simpson, executive director at JIPO, says, "We are the Government agency that is responsible for the administration of all intellectual property laws and the administration of Jamaica's intellectual property system."

The Ministry of Industry and Commerce streamlined the administration of intellectual property under one office by setting up the JIPO as a unit within that ministry in January 2001. Before that, intellectual property came under the ambit of various offices in government. Simpson says, "We have established a focal point to develop an intellectual property system."

According to www.cra-adc.ca, JAMCOPY "collectively administers photocopying rights and is considered one of the most progressive collectives in the region and has been an example for the development of the collectives in other Caribbean nations. Through this organisation, creators are being remunerated for the reproduction of their work by the Government and others (business, educational institutions, libraries and individuals)".

The IPC is responsible for aspects of intellectual property such as trademarks, geographical indicators, copyright and related rights, patents and more. According to Simpson, there are over six different associations that represent the different interests of creators. Simpson says that the awareness of copyright laws in Jamaica has substantially increased in recent times. "The fact is that when we speak of the amount of associations and right holders they reflect different areas. Now, in Jamaica we are leading in the Caribbean on intellectual property rights," she said.

Battle against piracy

In recent years, this has been reflected in the number of raids that have been carried out to protect artistes' interests, as the Government has become involved in the battle against piracy. Former Minister of Tourism, Entertainment and Culture, Aloun Ndombet-Assamba once noted that copyright legislation has been working, emphasising that since 2003 more than 50 cases of intellectual property rights offences have been prosecuted, with several convictions and fines of up to $77,000 and prison sentences levied.

Under the Copyright Act of 1993, people found guilty of using another person's work without permission could be fined or incarcerated.

Among the more noted Jamaican cases of performers fighting for the rights invested in their music was singer and songwriter Bob Andy's lawsuit 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 matter was settled out of court.

However, in many cases it remains the responsibility of creators to monitor and protect their rights. The onus is on the individual creator to commence a civil action and the Organised Crime Division of the Jamaica Constabulary Force will get involved only if a criminal complaint is made.