The Copyright (Amendment) Act, 2015 came with sweeping changes. Of note, is the extension of the duration of copyright protection in respect of the various types of copyright work in Jamaica. This article deals specifically with sound recordings, a type of work that features prominently in our cultural history.

The term of copyright in sound recordings increased from fifty (50) to ninety-five (95) years from the end of the calendar year in which the recording was made or, where the recording was made available to the public before the end of that period, the end of the calendar year in which it was so made available. 

Some local players in the entertainment industry spurred on this change, as copyright in sound recordings of certain iconic Jamaican music had expired, or was on the verge of expiring. Original recordings of songs such as Jimmy Cliff’s “Many Rivers to Cross” and Bob Marley’s “One Love” are just a few.

Interestingly, Jamaica has surpassed the international norm as most countries grant less than 95 years of protection. A term of years between fifty (50) and seventy (70) has been the trend. The practical effect of this is that works of foreign origin will enjoy the extended (95 year) term of protection in Jamaica while works of Jamaican origin will likely enjoy a lesser period of protection (50 to 70 years) overseas.  The anomaly here is that Jamaicans will be prohibited from using protected Jamaican works in Jamaica for 25 – 45 years longer than persons seeking to use the very same Jamaican works in most foreign countries.

In addition to extending the term of copyright protection, legislators made the change retroactive as at January 1, 2012. The effect of this is that copyright in sound recordings that expired between January 1, 2012 and July 29, 2015 has been reinstated. These works have been pulled back out of public domain and will remain as such for another forty-five (45) years. The extended period is calculated as at the date when copyright would have expired.

Fear not if you had used a work while it was in the public domain. The law expressly provides that such use will not amount to copyright infringement.

Going forward, local promoters, entertainers, disc jockeys and other players in the entertainment industry are encouraged to take care in ascertaining the status of copyright in sound recordings that they intend to use for public and/or commercial purposes. This is particularly important in respect of older recordings for which copyright may have arisen from the dead.