What is COTT?
The Copyright Music Organisation of Trinidad and Tobago (COTT) is a non-profit making membership organisation of songwriters, composers, lyricists, and music publishers of all genres. Incorporated in 1984 and operating since January 1985, COTT administers the public performance, broadcasting, communication to the public, mechanical reproduction and synchronisation rights granted by law to the creators and owners of original music.
What is our business?
COTT collects licence fees from music users and distributes the money as royalties to its members, the writers and publishers of music, and to affiliated organisations worldwide.
What are the benefits of using music in my business?
Music can be used as a successful business tool for:
- Attracting customers
- Creating a positive effect on customer behaviour
- Benefiting employees
- Increasing turnover.
Who needs a public performance licence from COTT?
- Any location or premises where music is played and can be heard by the public.
- Any premises outside the home (unless the public is admitted to the home, e.g. for a pay fete or “Dutch party”), from bars to buses, clubs to concert venues, hotels to hospitals, and restaurants to race tracks.
- Usually the proprietor/manager of the premises is responsible for obtaining a COTT licence.
Is a COTT public performance licence required by law?
Yes. The Copyright Act of 1997 (the Act) states that to use copyright music in public you must first obtain permission from every songwriter or composer whose music you intend to play in Trinidad & Tobago. COTT represents most of these copyright owners, so a COTT licence gives you legal permission to play just about any copyright music from the world’s repertoire. COTT administers the performing rights of over 15 million of the world’s copyright-protected music.
What is classified as a public/private performance?
The Act defines a public performance [of music] as any performance at a place where persons “outside the normal circle of a family and its closest social acquaintances” are gathered.” For example, performances in places such as “private members” clubs or cinemas, factories, offices or schools are public performances.
Why do I need a COTT licence to play TV or radio in my business?
Television and radio stations are licensed by COTT to broadcast music. The licence however, does not cover further public performance by those receiving the television or radio broadcast. When a TV or radio is used in a commercial establishment such as a shop, bar, restaurant, beauty salon, office or factory, the use is a separate performance and the establishment is required to obtain a COTT licence.
What if I already have a licence from TTCO?
COTT and TTCO are separate organisations. In addition to granting licences for the use of music created by COTT’s members, COTT is the only organisation authorised to license foreign music in Trinidad and Tobago. Music in which the public performance rights have been granted to COTT by its member songwriters, composers and publishers and affiliated international organisations should only be performed under a COTT licence.
How do I know if I am playing COTT’s music?
Because COTT has the right to license an extensive repertoire of musical works written by millions of songwriters and composers worldwide, it is almost impossible not to perform COTT’s music at some point. COTT’s repertoire covers all kinds of music ranging from calypso, soca, chutney, pan, rapso, parang, gospel, dancehall, Indian, African, pop, rock, and jazz; to music in TV programmes, films and jingles.
I bought an original CD. Do I need to get a COTT licence to play it in my business or at an event?
The CD sold to you is meant only for private use and its cost does not include payment for public performance. If you use it in your business or your event, prior permission must be obtained from the owners of musical works contained in the CD who are represented by COTT in Trinidad & Tobago.
Do COTT members have to pay a COTT licence fee?
If a COTT member is a promoter, proprietor or manager of a commercial establishment then he/she is required to obtain a COTT licence.
So, when can music be played without a COTT licence?
Any music played during the course of religious worship is permissible without a licence from COTT. If music is played at a concert held at a place of worship, however, a COTT licence is required.
Similarly, music played at a non-profit educational establishment for the purpose of teaching is exempt. Music played at such an establishment for fundraising or other non-teaching purposes, however, requires a COTT licence.
Shouldn’t the DJs, bands or performers I hire be paying the COTT licence fee?
If music is performed in your establishment or you authorise the performance, then you are responsible for the licence fee.
What does the COTT DJ licence cover?
The COTT DJ licence authorises DJs to play music at events and venues not covered by a COTT annual licence or permit, e.g. on music trucks or in the streets.
If I rent my venue to promoters, who is responsible for paying the COTT licence fee?
If the venue is not covered by an annual licence, the promoter is responsible for obtaining the licence from COTT prior to any performance. However, the owner or manager of the premises can also be liable for authorising an unlicensed performance.
How much will a COTT licence cost?
The cost of a licence can depend on the type and size of premises and the nature and the extent to which music is played. Please contact COTT and our officers would help you work out the tariff that applies to your business or event. Discounts are available for early payment.
How are COTT licence fees set and are they fair?
COTT’s tariffs are set by comparing rates in other countries (particularly in the Caribbean). COTT publishes its tariffs. Music users who disagree with COTT’s tariffs can apply to the High Court to determine whether COTT’s fees are fair. To date only two disputed tariffs have been referred to the High Court.
What if I don’t obtain a licence from COTT?
Failure to obtain a licence from COTT will mean that the individual or the organisation is using or authorising use of musical works belonging to COTT’s worldwide repertoire without proper authority.
This action is considered an infringement of copyright under the Copyright Act and the person or entity may either be civilly or criminally prosecuted.
How do I obtain a COTT licence?
Simply fill out an application form from COTT or call us at the following contact numbers: 624-COTT, 657-COTT or 639-COTT or visit us at any of our offices located in Port of Spain, San Fernando and Scarborough. Otherwise, you may log on to our Web site at www.cott.org.tt to apply online.
Is COTT a government body?
Copyright is a private right. The owners of copyright music are the songwriters, composers and music publishers, not the government. However, the government, through Parliament is responsible for The Copyright Act and all amendments to the Act as deemed necessary. The Police Service is responsible for enforcement of the laws established under the Act.
The Ministry of Legal Affairs holds the portfolio for intellectual property rights in Trinidad and Tobago.
The Intellectual Property Office (IPO) of the ministry can verify users’ obligations and COTT’s undertaking in the issue of music rights. The IPO can be contacted at:
Intellectual Property Office
Ministry of Legal Affairs
Registration House, 3rd Floor
72-74 South Quay
Port of Spain
Tel: (868) 625-9972
Fax: (868) 624-1221
Email: info@ipo.gov.tt
Web site: www.ipo.gov.tt
View our contact information here
Protect yourself! If music is used in your business, please ensure that you or the promoters have a COTT licence!