JAMAICA
REGIstRAtIon oR RECoRDAL of A LICEnCE GIVEs RIGHts
In tHE EVEnt of InfRInGEMEnt to tHE LICEnsEE AnD
ALLoWs foR tHE AWARDInG of CoMPEnsAtIon
Infringement of copyright in works of art
agreed term. Th e performer can move to another record company or
exploit the recording himself.
DunnCox represented prominent Jamaican artists Albert Artwell and
Deloris Anglin with respect to their claim for breach of copyright by local
strategies for managing and protecting IP assets
book publishers. Publication of Artwell’s work was unauthorised, while in
the case of Anglin, publication was both unauthorised and unaccredited. Th e
in Jamaica
action was not defended and proceeded to assessment of damages by way of
Th e registration of trademarks, patents and industrial designs in Jamaica
default. It settled out of court for an amount representing compensation for
enables proprietors to exploit various monopoly rights granted under the
breaches of the copyright of both artists.
governing legislation. In addition, we recommend owners employ the
following strategies to ensure the eff ective exploitation and protection of
Proposed amendments to the Copyright Act:
their IP assets in Jamaica.
issues under discussion
1. Licensing
(i) Extension of the duration of copyright. Under Jamaican law, copyright
IP owners should take advantage of licensing provisions where they exist
duration currently stands at lifetime plus 50 years aft er death for
under the law:
works of general authorship. For sound recordings, broadcasts and
cable programmes, copyright lasts 50 years from date of creation
(i) Under the Trade Marks Act, a licence of a trademark may be general or
or the work being publicly available. Typographical arrangements
limited to some of the products/services for which the mark is registered.
are protected for 25 years. A proposal has been submitted by
Th e licence may also restrict the use of the trademark in a particular
representatives in the music industry to extend protection from 50
manner or in respect of a particular locality. Importantly, registration
years to 100 years for works of general authorship and from 50 years
or recordal of a licence gives rights in the event of infringement to the
to 95 years for sound recordings. Th e extension would apply to both
licensee and allows for the awarding of compensation to the licensee.
Jamaican and foreign works in Jamaica.
(ii) Th e Copyright Act also allows for the licensing of copyright and gives
(ii) ‘Use it or lose it’ provisions for recording contracts. Th is gives a additional rights in the case of infringement to exclusive licensees.
performer of a work the right to recover control over a recording if Copyright owners may also become members of licensing bodies or
a record company is unwilling to release a performance during an Collective Management Societies to facilitate the licensing of their
www.worldipreview.com World Intellectual Property Review Digest 2009 107
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