FAQs
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JACAP provides essential services to its members, including composers, authors, and publishers. Monitoring thousands of public performances and broadcasts of their music across Jamaica and worldwide, issuing licences, and collecting royalties would be a daunting task for any individual copyright owner. Similarly if the music of a composer, authors or publisher is being recorded by others it would be difficult for the copyright owner to keep track of such recordings. JACAP simplifies this process by monitoring music usage, issuing licenses, collecting fees, and distributing royalties on behalf of its members and affiliated societies, ensuring fair compensation.
Yes, unless you notify us in writing that you wish to terminate your JACAP membership.
There is a one-time membership fee of J$1,500.00 for writers and J$7,500 for publishers.
No, you will need to contact your current society to terminate that membership in order to join JACAP.
Yes, your band or group can join JACAP, however each member must meet eligibility criteria and complete separate writer applications.
The approval process for JACAP membership typically takes at least 3 months to complete.
No. We have reciprocal agreements with other societies throughout the world which collect, distribute and account to us for broadcasts, performances and mechanical usage of our members’ repertoire in their territory. Therefore, with your JACAP membership, you are effectively covered worldwide.
A good music publisher has the knowledge and contacts to promote a composition. Typically a publisher enters into a songwriter/publisher agreement with the songwriter, whereby the songwriter assigns ownership and control of the copyright-protected musical works to the publisher in exchange for a percentage of the income derived from the exploitation of the musical works.
You can easily update your personal details through any of the following methods:
- Completing the relevant form online.
- Sending us an email with the new information.
- Calingl us directly to provide the updated details.
You can still register the song with us. During the registration process, you will need to indicate the division of ownership shares and provide all relevant information for the co-writers.
Royalties can be claimed by the creators of the music and/or lyrics in a song, commonly referred to as ‘composers,’ ‘writers,’ or ‘authors.’ If you are the original creator of the music and/or lyrics, you are entitled to claim royalties for your work. However, if you simply take pieces of other tracks, CDs, or people’s music and combine them to create something new, you would not be considered a composer, writer, or author of the original content and, therefore, cannot claim any royalties for that particular work.
In Jamaica, all original music copyright protection is automatically granted once an original piece is recorded/written down in some format; therefore, there is currently no official form of copyright registration available.Registering your works with JACAP enables you to be correctly paid for the broadcast or performance of your songs.
When a JACAP member passes, their spouse, child, relative, next of kin or beneficiary under a will can apply for membership. This person (known as a successor member) can then collect royalties that were due to the deceased member.
If your song is being played on radio, TV, or the internet, the first and most important step is to ensure that your work is properly registered with JACAP. Early registration of works is crucial as it helps prevent potential lost royalties. JACAP’s ability to effectively license and monitor the performances of your composition relies on the accuracy and timeliness of the reported information.
- Performing right royalties are earned in instances where a musical work is used in public performances. In these instances, JACAP grants licenses for individuals to perform, use or broadcast music from its extensive repertoire to hundreds of thousands of listerns in public places, such as radio and TV stations, hotels, clubs, restaurants, stores, and more.
- The “mechanical” right is the right to reproduce a piece of music onto CDs, DVDs, records, tapes or downloads via the internet. In contrast, non-mechanical reproduction includes using analogue methose such as making sheet music.
- When music is reproduced and incorporated into the soundtrack of a film or TV show, the reproduction is called “synchronization.” For this usage, the license that the TV or film producer needs to obtain is called a synchronization, or “sync,” license.
Yes, it is advisable to keep track of the performances of your music. While JACAP diligently works on your behalf to acquire all the necessary data to make royalty payments for performances of your music, there may be instances where information received is incomplete. You can actively assist us by notifying JACAP particularly of international performances of your music.
Music copyright belongs to the original creator of the song. Typically, the producer is for compensated for their work and does not share royalties which accrue as a result of the song’s use.
JACAP will pay out royalty of $500.00 or more to its members twice per year. For members that earn less than $500 per distribution, that amount will be held until the earnings reach the distributable amount. Members have the option of receiving their earnings by cheque or direct deposit.
The COPYRIGHT ACT OF JAMAICA 1993/1999 assures authors and owners of original musical, dramatic, or artistic works certain exclusive rights over the use of their creations. This means that those who desire to use the work must seek permission or obtain a ‘licence’ from the copyright owner, who is entitled to receive a royalty payment.
Anyone who copies, distributes, broadcasts, or adapts musical works requires a licence. This licence is necessary for public performances, including concerts, and for playing music in public places such as restaurants, bars, hotels, and businesses. Radio and television stations, including satellite and cable operators, must also be licenced to broadcast music into private homes. Additionally, establishments that use these services to provide entertainment for their patrons, the general public, or staff must obtain a licence to do so.
A JACAP Licence gives you the freedom to entertain your customers, guests, and employees using the world’s largest musical repertoire. Whether your music is live, broadcasted, transmitted, or played via CDs and videos, your JACAP licence covers all these performances. By obtaining this licence, you save time, expenses, and the hassle of reaching out to thousands of copyright owners individually. JACAP simplifies the process and ensures you can enjoy music legally.
JACAP applies various licence fees based on different uses of music. You can find detailed information about these fees in the JACAP tariff structure provided on our website. It’s important for music users to know that reaching out to JACAP early could lead to reduced charges when making arrangements for early compliance.
The money collected by JACAP from various licence fees goes to our members, both local and international. After the deduction of operational expenses, we distribute all the fees collected as royalties, ensuring that the rightful copyright owners receive fair compensation for their creative works.
JACAP exists to simplify and streamline the process of using music for every user. Negotiating individual licenses with countless copyright owners would be extremely costly, time-consuming, and nearly impossible. However, by obtaining a license from JACAP, users gain the freedom to access and use a wide range of music within JACAP’s repertoire immediately and legally.
Yes, it is generally illegal to copy and distribute music without proper authorization, even if you are not doing it for monetary gain. Whether or not you are making money from the activity may influence the severity of penalties imposed by the courts, but it does not change the fact that unauthorized copying and distribution of copyrighted music is a violation of copyright law.
No, it does not matter how music is performed. Whether the music is performed live, broadcasted through radio or television, played using any electro-mechanical or digital device, presented through video, or used in karaoke, the requirement for a JACAP license remains the same. The necessity for a license is not affected by factors such as whether an admission fee is charged or whether the performers receive payment. In all these instances, a JACAP license is necessary to ensure that the use of music is legitimate.
Yes, when a performer is paid to perform at an event, such payment is for their service as a performing artiste, not for the public performance of the musical works. Regardless of whether the artiste wrote the music or not, a JACAP license is still necessary for the public performance of the musical works. The license fees paid to JACAP are distinct from the fees paid to the performer
If you do not have a JACAP licence your event is not legally authorized to use music in Jamaica. In such cases, JACAP has the right to take appropriate actions to ensure compliance with copyright laws. Failure to obtain a licence for the use of music in public, or in any commercial environment, may result in legal action for copyright infringement and can result in injunctions, fines or imprisonment.
Purchasing the CD or downloading the music from a legal site grants you the right to use it for personal enjoyment, such as playing it for yourself, family, and friends. However, the moment you play the music in a place open to the public or in a commercial setting, you are engaging in public use of the music, which requires a separate JACAP license.
Copyright is a legal concept that protects original literary, dramatic, musical and artistic works. In essence, it grants the creator owniship, allowing their original work to be considered property with which they have exclusive right to use, distribute and perform. The relevant Jamaican law is the Copyright Act 1988.
When a song or piece of music is created, the indicvidual who wrote it automtically owns the copyright and therefore has the right to decide how and when it should be played.
Music is released, permitting individuals to purchase songs for personal use, such as playing them at home. However, if an individual wishes to play that song to a wider group of people, for example on their business or organization’s premises, it is classed as a public performance. In the case of public performances, you must first seek permission by obtaining a licence from the copyright owner of that song in order to play their creation.
In music, copyright begins automatically once a piece of music is created then documented or recorded, for example on video, tape or CD or simply writing down the notation of a score.
No official registration is necessary to secure copyright in a work. Under Jamaica law both musical and literary works are automatically protected from the time they are created. Consequently, in the event of a dispute over authorship, ownership or originality, there is no standard method of proving that one work was in existence before another.
There are however, suggested ways to help prove that the work was created on a specific date:
- Send a copy of the work to yourself by registered mail leaving the envelope unopened and stored in safe place together with receipt from the post office (Poorman Copyright)
- Deposit a copy of the work(s)to the National Library of Jamaica
- Deposit a copy of the work(s) with an Attorney-at-law (you may be required to pay legal fees)
The registration of a title of a work with JACAP (as is required of members) does not create copyright in the notified work.
Technically, the creator of a song receives copyright protection automatically the moment the song is in fixed form. That means that if you make any recording of your song, even a simple boom box recording, or transcribe a lead sheet with chords, melody and lyrics you have secured a copyright.
The question of whether or not it’s necessary to register a copyright with the Copyright Office sometimes arises out of the fear that someone may “steal” your song. While there are certainly documented stories of copyright theft, our experience has been that it is not a widespread phenomenon, especially when dealing with legitimate, successful companies and people. This should not be used as an excuse for not being prudent and wise.
Copyright protection is automatic as soon as there is a record in any form of what has been created (there is no official registration). However, steps can be taken by the creator of a work to provide evidence that he or she had the work at a particular time. For example, a copy could be deposited with a bank or solicitor. Alternatively, a creator could send himself or herself a copy by special delivery post (which gives a clear date stamp on the envelope), leaving the envelope unopened on its return. A number of private companies operate unofficial registers, but it would be sensible to check carefully what you will be paying for before choosing this route.
It is important to note, that this does not prove that a work is original or created by you. But it may be useful to be able to show that the work was in your possession at a particular date, for example where someone else claims that you have copied something of theirs that was only created at a later date.
Another useful step for a copyright owner to take when copyright material is published is to mark it with the international copyright symbol © followed by the name of the copyright owner and year of creation. This is not essential in the UK, but may assist you in infringement proceedings, and will be needed in certain foreign countries.
When joining as a JACAP member your rights are transferred to us. These are:
- to perform the music in the public, such as concerts, pubs and shops
- to communicate the music to the public, via broadcast, on demand services, internet services, satellite and cable transmissions and more.
In the Jamaica, copyright generally lasts for a period of 50 years from the end of the calendar year in which the author’s dies. If the music originates from outside the European Economic Area, the copyright lasts for as long as the music is protected by copyright in its country of origin, provided that the length of time does not exceed 70 years.
The Jamaica Association of Composers, Authors and Publishers (JACAP) is a membership organization which collects licence fees from copyright music users and distributes the money as royalties to the music creators, that is the writers and publishers of music – the people who own the copyright (including the performing right) in that music. JACAP was set up (in 1998) to make things easier for the music user and the music creator. A JACAP licence allows you to use all types of music, from all over the world legally. Whether the music is live or played on a tape/CD player, jukebox, radio, video, TV or karaoke and whether or not the performers are paid – a JACAP licence is a legal requirement.
There are similar performing right societies throughout the world. By agreement with them, JACAP represents their members in its territory and is represented by them in theirs. JACAP licenses works actively in Jamaica and, through affiliation agreements with similar societies abroad is entitled to license their works too – everything from our own internationally acclaimed Reggae music, an advertising jingle to entire symphonies, with every kind of music in between.
JACAP members are composers, lyricists and music publishers. JACAP looks after the performing right (and if the members so agree also the mechanical/reproduction right) in their works. It would be almost impossible for the individual creators to keep track of public performances, and broadcasts, of their music across Jamaica and the rest of the world, and to issue licenses and collect fees due, so organizations like JACAP do it on their behalf.
In order for a JACAP member to give authority to others to act on their behalf they will need to fill in a 3rd Party Mandate Form. This form needs to be printed out, filled in and signed, then sent to the address at the bottom. When filling the form in, members can choose what kind of access the third party has (such as changing personal details and access to online services).
Please note, without a completed mandate form returned to us we are unable to give out details of a member’s account to third parties.