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Adesh Samaroo
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Licence & Intelectual Property Awareness
Public Performances Require a Licence
Any performance which is outside of the normal domestic circle is public. Performances in members' clubs, hotels and guest houses, offices or factories, shops, bars and beauty salons are "public" even if the audience is confined to club members, hotel guests or employees.
Type of Performance?
It is of no consequence whether the public performance is given live or by means of a radio, television, stereo player, juke box, video or karaoke. Neither does it matter if no admission fee is charged nor whether the performers are paid or not. Further the possession of a record, tape or CD does not grant the right to perform that music in public. In each of these instances a COTT licence is necessary.
DJ's and Public Performances
DJ's need a COTT licence for public performances of musical works in COTT's repertoire by the playing of records, tapes, CD's etc. at premises or outdoor areas to which none of COTT's existing tariffs apply (e.g. a 'blocko' or house party).Registered DJ's are offered a special taping concession which authorises the recording of compilation music for the purpose of performing such music on trucks during Carnival.
A Licence is not Required . . .
- For the use of copyright music which is in the public domain (copyright works fall into the public domain upon expiration of the period of copyright protection).
- Performances during religious services in churches or other established places of worship.
- Live performances of musicals, operas, ballets & other dance performances.
- Live performances of specially written music for plays or other dramatic or theatrical productions.
Failure to Obtain a Licence
When the performance in public or the manufacture or import of sound carriers, films or videos which reproduce copyright music or the recording of a commercial advertisement of a musical work in COTT's repertoire occurs without obtaining a licence from COTT, legal action for copyright infringement may be instituted. Such action may be in the form of civil or criminal proceedings.Civil proceedings
Civil proceedings could result in judgement against the music user for the licence fee, damages, legal costs and an injunction that prohibits the performance or the manufacture, importation or distribution of recordings of any musical work in COTT's repertoire.Criminal proceedings
Criminal proceedings could result in the imposition of fines and/or imprisonment.
