ENTERTAINMENT CONTRACTS

Andrea Scarlett-LozerMyers, Fletcher & GordonAttorneys-at-law21 East Street, Kingstonwww.myersfletcher.com

ENTERTAINMENT BIZ – NOT A ONE MAN SHOW

• PREPARING A PIECE OF MUSIC FOR PUBLICATION AND ORGANISING THE ACTUAL SALE AND CONSUMPTION OF THE MUSIC REQUIRES THE CONTRIBUTION OF SEVERAL PERSONS.

ENTERTAINMENT BIZ – NOT A ONE MAN SHOW

• VERY IMPORTANT FOR EACH CONTRIBUTOR TO THE PROCESS TO NEGOTIATE THEIR RIGHTS AS EARLY AS POSSIBLE.

• RIGHTS/ASSETS MAY RELATE TO – (i) ACTUAL MUSICAL WORK(ii) REPUTATION & IMAGE OF ARTISTE.

REPUTATION & LEGACY OF ARTISTE’S WORK- IMPORTANT

DECEASED ARTISTES AS TOP INCOME EARNERS

DECEASED ARTISTES AS TOP INCOME EARNERS

ORGANISING THE AFFAIRS OF ARTISTES

Do our TOP and UPCOMING reggae and dancehall artistes, producers, musicians, choreographers, dancers, song writers and comedians have lawyers and other professional advisors who will assist them in ensuring that, from their hard work they will REAP REAL REWARDS NOW AND “FOREVER”?

ORGANISING THE AFFAIRS OF ARTISTES

• COPYRIGHT IS AUTOMATICALLY VESTED.

• COPYRIGHT IS VESTED IN:• COMPOSERS & AUTHORS OF MUSICAL WORKS FOR LIFETIME + 50 YEARS•PRODUCER/SOUND RECORDER FOR 50 YEARS FROM THE RELEASE OF THE RECORDING.

CONTRACTUAL RELATIONSHIPS

(A) PRODUCERS & RECORDING COMPANIES

(B) MANAGERS(C) AGENTS(D) CORPORATE ENTITIES FOR

ADVERTISING(E) CORPORATE ENTITIES FOR

MERCHANDISING

CONTRACTUAL RELATIONSHIPS

(F) LOCAL AND OVERSEAS EVENT PROMOTERS

(G) FILM MAKERS(H) OTHER ARTISTES –

COLLABORATIONS(I) PROMOTERS OF LIVE

PERFORMANCES, eg. PLAYS, MUSICALS, DANCE THEATER

(J) OTHERS

The business of reggae and dancehall music should be conducted with the same level of attention to detail and protection of rights as other international businesses.

Myers, Fletcher & GordonAttorneys-at-law21 East Street, Kingstonwww.myersfletcher.com

CONTRACTUAL RELATIONSHIPS

NATURE OF COPYRIGHT

• PROPERTY IN MUSIC = COPYRIGHT

• CONTRACTS AND ARRANGEMENTS SHOULD ADDRESS INTELLECTUAL PROPERTY ISSUES.

NATURE OF COPYRIGHT

• Section 9 of the Copyright Act provides that a copyright owner has the EXCLUSIVE right to do or authorise others to deal with his work.

Copyright subsist in a wide variety of original creative works.

Copyright protect the tangible expression of a work – written format, video recording, tape recording, etc.

There is no copyright in unrecorded thoughts or ideas.

Myers, Fletcher & Gordon

COPYRIGHT PROTECTED WORKS

COPYRIGHT PROTECTED WORKS• COPYRIGHT DOES NOT PROTECT

THE IDEAS EXPRESSED – THUS TWO PERSONS CAN HAVE COPYRIGHT IN SEPARATE EXPRESSIONS OF THE SAME IDEA.

NATURE OF COPYRIGHT

• “Until the philosophy which holds one race superior and another inferior is finally and permanently discredited and abandoned...until there are no longer first class and second class citizens of any nation...until the color of a man's skin is of no more significance than the color of his eyes...until that day, the dream of lasting peace...will remain but a fleeting illusion, to be pursued but never attained.”

NATURE OF COPYRIGHT

• Copyright protected works may be used, without infringement, in limited circumstances specified by the Copyright Act, eg. Research or private study, fair dealing for criticism and review and reporting.

• Copyright is territorial.

FORMALITIES FOR PROTECTION OF COPYRIGHT

• No formality required in order for copyright to vest.

• Creation of evidence recommended –

(a) copyright notice(b) Poor man’s copyright(c) Registration with

Intellectual Property Service Center (IPC)

COLLECTIVE ADMINISTRATION OF RIGHTS

• More effective method of monitoring consumption of music and collection of royalties and licence fees.

• Jamaica Association of Composers, Authors and Publishers (JACAP)

• Jamaica Music Society (JAMMS)

TRADE MARK REGISTRATIONS

• MEANS OF PROTECTING BRAND NAMES AND TRADE NAMES OF ARTISTES, PRODUCERS AND RECORDING COMPANIES, EVENT PROMOTERS & GENERALLY PERSONS DOING BUSINESS IN THE ENTERTAINMENT INDUSTRY.

• EXAMPLES OF REGGAE & DANCEHALL TRADE NAMES THAT COULD BE REGISTERED:

- SUMFEST, PASSA PASSA, KING OF THE DANCEHALL, ALLIANCE, BOB MARLEY, GULLY, GAZA.

SHOULD BRAND NAMES IN DANCEHALL BE FREE FOR ALL TO EXPLOIT?

LOOKING TO THE FUTURE

• As we move to harness the economic value of the local music industry, it is important that all players understand their rights and take the necessary steps to protect and administer those rights. Obtaining professional services, including legal and accounting services, is highly recommended.

ENTERTAINMENT CONTRACTS

Presenter: Andrea Scarlett-LozerMyers, Fletcher & GordonAttorneys-at-law21 East Street, Kingstonwww.myersfletcher.com