General

• Piracy is the unauthorised copying of an original recording for profit. Pirated products will often have a different package than the original product and will often take the form of previously non-existing compilations.

• Bootlegging is the recording of live or broadcast performances without the permission of the performers, songwriters or the record company which are then copied and sold.

• Counterfeiting is the copying and packaging as closely as possible of the original product with the use of the trade marks and logos of the record label such that consumers are misled to believe that they are purchasing original product.

Intellectual Property Rights protect the applications of ideas and creative expressions. This is achieved through the regulation of various types of intangible property – the most well-known being patents, trademarks, copyrights and trade secrets. This protection is given in order to foster innovation; creators are provided the opportunity of economic rewards and to recover investment through the grant of exclusive rights.
The main rights granted are:

• Patents: The patent system rewards the financial investment, time and effort made in carrying out research whilst at the same time increasing the pool of knowledge and technological growth through the disclosure and commercialisation of inventions.
• Trade/Service Mark: A trade or service mark is a visible sign used with or in relation to any goods or service for the purpose of distinguishing in the course of trade or business the goods or services of one person from those of another person. Therefore, marks play an integral role in branding and marketing by helping to prevent confusion about goods and services amongst consumers and in this way they also encourage competition.
• Industrial Designs: An industrial design is defined under the Barbados Industrial Designs Act as: 
  • any composition of lines or colours; or
  • any 3 dimensional form whether or not associated with lines or colours that gives a special appearance to the product of industry or handicraft and serves as a pattern for a product of industry or handicraft.
• Copyright and related rights: protect the original expression of authors and grants them many exclusive rights, including the basic right of reproduction. Copyright protection automatically subsists in all works of authorship from the moment of creation and protected works may include: literary works, musical works, sound recordings, dramatic works and pictorial, graphic and sculptural works amongst many others. The Barbados Copyright Act 1998 also offers protection for other types of intellectual property including integrated circuits (semi-conductor topographies), geographical indications and new plant varieties in addition to protection against unfair competition.

The term “related rights” or “neighbouring rights” means the rights of performers in respect of their performances, the rights of producers of phonograms in respect of their phonograms, and the rights of broadcasting organisations in respect of their broadcasts.

The functions of Collective Management Organisations (CMOs) extend beyond the collection and distribution of royalties and include the advancement of the interests of authors and the defence of their interests including lobbying for legislative changes, recognition of the rights of authors and their welfare and the promotion of creativity.

By law, copyright owners have the exclusive right to authorise or prohibit any of the following acts in relation to their works:

• Copying (reproducing) the work in any way – an example of copying is the recording of live music and the re-recording of a phonorecord.

• Distributing copies of the work to the public.

• Performing, showing or playing the work in public. Examples include playing sound recordings and showing films or videos in public and allowing a broadcast to be seen or heard in public which involves the performance of music and other copyright material contained in the broadcast.

• Broadcasting the work or other communication to the public by electronic transmission.

• Making an adaptation of the work by making changes to the original work, for example by changing the lyrics.

The International Confederation of Societies of Authors and Composers (CISAC) was established in 1926 by 18 of the copyright societies that were then established and amongst which cooperation developed through bilateral agreements for the mutual representation of each other’s repertoire (reciprocal agreements) . CISAC was created as a result of the need for an international body to coordinate the activities of these societies and the more efficient protection of copyright worldwide. Its membership consists of over 200 societies world wide administering not only musical works but many fields. COSCAP has been a member of CISCAC since 2001 and it is by virtue of its reciprocal agreements that it is able to administer the works of the members of other member societies in Barbados and at the same time, the works of the members of COSCAP are administered internationally by sister societies.

The International Federation of the Phonographic Industry (IFPI) is an international association which represents the interests of the recording industry (producers of phonograms) internationally. It has over 1,450 members worldwide and affiliated industry associations in 48 countries. Its activities and interests include fighting music piracy, the promotion of fair market access, the development of adequate copyright legislation worldwide, promoting the value of music in economic, social and cultural development, lobbying, undertaking litigation and public relations.

The Caribbean Copyright Link (CCL) is the umbrella body of copyright societies in the Caribbean. The genesis of the Caribbean Copyright Link began following a 1997 meeting of the CARICOM Ministers with responsibility for Intellectual Property when the World Intellectual Property Organisation (WIPO) was requested to carry out a feasibility study of a regional approach to the collective management of copyright and related rights.

This led to the formation of the Copyright Society of Composers, Authors and Publishers Incorporated (COSCAP) in Barbados, the Jamaican Association of Composers, Authors and Publishers Limited (JACAP) in Jamaica and the Hewannora Musical Society (HMS) in St. Lucia. There was already a national society in Trinidad and Tobago, the Copyright Organisation of Trinidad and Tobago (COTT) which was established in 1985. Together, these four societies are the founding members of the CCL.

The registered office is located in Port-of-Spain, Trinidad and the CCL secretariat functions primarily to reduce costs and to assist member organisations with the sharing of data and the management of works.

As an internationally recognised society with reciprocal agreements which ensure that you are compensated for the performance and reproduction of your works worldwide and that your rights are protected, COSCAP offers its members quality copyright management services. COSCAP has an open door policy and members’ needs are its number one priority and a personal relationship is maintained with each member by our qualified members’ relations staff. COSCAP often hosts educational seminars and publishes educational material for its members. Additionally, COSCAP offers specific programmes for members.