Global Artists' Issues: focus on Jamaica
in cra-briefings32 · December 15, 2005
People have long admired the rich culture of the Caribbean. From vivid traditions in the visual arts to a globally admired tradition in music, Caribbean nations exhibit a cultural diversity that merits global protection.
Music is one of Jamaica’s largest exports and Jamaican artists therefore face the same problems of piracy that artists are experiencing around the world. However, creators in Jamaica and other regions in the Caribbean are hampered by the lack of indigenous cultural industries. Though the indigenous publishing industry in Jamaica is growing, there is still a great deal of Jamaican writing that is not being captured and much of the educational curriculum is being imported. The importance of protecting and nurturing Jamaica’s indigenous writing industry has been commented on in various settings, including by creators themselves. See the comments of noted Jamaican writer, Joanne Simpson at www.jamaicans.com.
The law in Jamaica is modeled on that of the United Kingdom and offers a good deal of protection to Jamaican creators. The maximum penalty for the infringement of copyright is a fine of $100,000 or 2 years in prison per action or count in the charge. However, it is the enforcement and implementation of these laws where progress can be made and the position of the creator enhanced.
The efforts to protect creators’ rights are manifesting themselves in a number of ways including through the development and progress of collective licensing. JAMCOPY, the Jamaican Copyright Licensing Agency that collectively administers photocopying rights is 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 organization creators are being remunerated for the reproduction of their work by the government and others (business, educational institutions, libraries and individuals).
The government in Jamaica has become keenly involved in the battle against piracy particularly within the Jamaican community. The Ministry of Commerce Science and Technology has announced programs to help combat piracy, initially through education campaigns and, following this, through the application of the law. Though the compliance efforts of the Jamaican Intellectual Property Association (JIPO) have increased and have been assisted by the Organized Crime Division of the police, copyright infringement is still evident in street markets and at local vendors throughout the country. 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; the Organized Crime Division will only get involved if a criminal complaint is made.
Information and support is also needed to assist Jamaican creators in the protection of their rights. No formal registration is required in order to be able to assert copyright in Jamaica. In the effort to encourage creators the Jamaican Copyright Directorate recommends rights holders to protect use the “poor man’s” method sending a package containing the work in the mail to your self and keeping the sealed package with the post date on it (See: www.jis.gov.jm.) In this case the post date effectively becomes the date of creation.
In a country that celebrates Bob Marley’s birthday as a national holiday (February 6th in case you were wondering), the value of culture and the importance of protecting and fostering creator rights has not been lost.
Events for the Jamaican Creator:
- January 26-28 — Jamaica Blues and Jazz Festival
- March 26 -April 1 — Writers Workshop Retreat
- May — Calibash International Writers Festival
- July 16-23 — Reggae Summerfest Organizations
Involved in the Protection of Creator Rights in the Caribbean:
- Jamaican Association of Authors Composers and Publishers Jacap@jamweb.net
- Jamaican Musical Rights Administration Society (JAMRAS)
- Jamaican Federation of Musicians jafedmusic.tripod.com
- Jamaica Cultural Development Commission www.jcdc.org.jm
- Jamaican Association of Vintage Artistes
- Jamaican Copyright Licensing Agency
- Jamaica Performers Administration Society (JPAS)
- The Songwriters Guild