FAQ’s on Copyright

What is Copyright?

Copyright is the collective term for a bundle of economic and moral rights granted by law to creators of original ‘works of the mind’ in literature, drama, art and music.

Why is respect for Copyright important?

Through copyright, creators receive financial reward for their efforts and recognition of the importance of their intellectual property to the development of society. Without protection and financial reward, there would be little incentive for creators to produce new works or content.

How can I get Copyright protection for my work?

Under international copyright law and Jamaica’s Copyright law, there is no requirement to register your work to get copyright protection. Copyright protection arises automatically where an original work is created in a tangible form, for example in writing or any other recorded form. However, creators have the option to voluntarily register their work locally at the Jamaica Intellectual Property Office (JIPO) located at 18 Trafalgar Road Kingston 10. www.jipo.gov.jm Creators are requested to submit digital copies of their work and JIPO will issue copyright registration certificates that can be used if necessary to support a copyright claim in respect of the creator’s work. The JIPO Register is accessible to Members of the public who will be permitted to for search names and title only

How will people know my work is protected by Copyright?

The best way to alert people to the fact that a work is protected by copyright is to affix a copyright notice to it. A copyright notice is the letter c with a circle around it, which should be accompanied by the author’s name and the date the work was created or first published – © John Brown, March 2018.

What is ‘poor man’s Copyright’?

‘Poor man’s copyright is a colloquial term used to describe a simple and cost-effective way for creators to make and keep a record of the copyright in their work. Poor man’s copyright is effected by making a copy of the work with a copyright notice, placing it in a sealed envelope and mailing it to yourself using the registered postal service. When received through the mail, the envelope should be kept sealed and should only be opened if necessary to support the creator’s claim of authorship in respect of the work during legal proceedings.

What is legal deposit?

Under Jamaican law, creators are required to deposit a copy of their published work with the National Library of Jamaica (NLJ) located at 12 East Street, Kingston www.nlj.gov.jm . The objective of the national legal deposit system is to build a comprehensive collection of the ‘nation’s published heritage and development’. Whereas legal deposit with the NLJ is mandatory under law and failure to do so may result in penalties being charged against the creator, copyright registration with JIPO is voluntary. The NLJ will accept submissions of digital and physical copies of works which will be made accessible for viewing by the public.

Are the works of Jamaican creators protected by copyright abroad?

Thanks to international treaties on copyright, the works of Jamaican creators qualify for copyright protection in over 160 countries.

How long does copyright protection last?

The general international duration is the lifetime of the author plus 50 years after death. The duration may vary in other countries. Under Jamaican law, copyright in literary works lasts for the lifetime of the author plus a period of 95 years after the year in which he died. Copyright in the typographical arrangement of a published edition lasts 50 years from the year in which the edition was first published.

What rights do creators have under Jamaica’s copyright law?

Creators have two types of rights – economic rights and moral rights. Economic rights give creators the exclusive power to exploit or authorise others to exploit their work for commercial purposes. This includes making copies, distributing the work, adapting the work and making the work available online to the public. Moral rights entitle the author to be identified as the creator of his work, the right to object to any derogatory treatment of his work and the right to object to work being falsely attribute to him as author. Economic rights can be assigned or licenced but moral rights have to be waived. When a creator joins JAMCOPY, the membership contract operates like a licence that empowers JAMCOPY to act on his behalf to authorise members of the public to exploit these rights in relation to his copyright protected works.

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FAQ’s on Copyright

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