What is COTT?

The Copyright Music Organisation of Trinidad and Tobago ("COTT") is the national non-profit (but commercial) association representing songwriters, lyricists, and music publishers in Trinidad and Tobago. Its main function is to manage and license collectively for music creators and their publishers the performing and reproduction rights in their copyright music under the Copyright Act 1997 of Trinidad & Tobago. In this capacity, COTT collects fees from the users of copyright music and distributes the money as royalties to the writers and publishers who own the copyright.

See Organisation

What is COTT's history?

COTT was incorporated in 1984 as a private company limited by guarantee in anticipation of the Copyright Act 1985 of Trinidad and Tobago. Prior to the establishment of COTT, The Performing Right Society Limited (PRS) of the UK operated an agency in this territory as it continues to do in some English-speaking territories in the Caribbean. COTT was the first national collecting society to be established in the Caribbean and began operating in 1985.

See Organisation

What is copyright?

Copyright is the exclusive right granted by law to the creator of original literary, artistic or musical works (or the creator's assignee such as a publisher) to do, authorise, or prohibit certain acts in relation to such works. Any person who does, or authorises others to do any of the restricted acts without consent from the copyright owner, infringes copyright. The Copyright Act 1997 of Trinidad & Tobago ("the Copyright Act") grants distinct and separate rights that apply to music. Two of these rights are the performing right and the reproduction right.

The performing right is the right to perform works in public, broadcast works or communicate works to the public (e.g. cable transmission).

The reproduction right includes:- printing of sheet music or lyrics, recording of music either on a sound carrier (e.g. a record, tape, CD) or in a film, video, television programme, or commercial advertisement. Recording by means of audio reproduction is referred to as the "mechanical right" as originally, recordings were made by mechanical means. Recording by means of audio-visual reproduction is referred to as the "synchronisation right".

See Copyright

Who owns copyright?

The first owner of copyright is the person who creates an original work. However, where the work is created by an employee in the normal course of employment the employer is regarded as the copyright owner. If a work has been commissioned, in the absence of any written agreement to the contrary, the work belongs to the creator. In relation to musical works, copyright in the works is owned originally by the composer or songwriter who may assign such rights to a music publisher. Upon admission to membership of COTT, composers, lyricists, songwriters and music publishers assign the performing right and reproduction right in their music to COTT.

See Copyright

How is copyright protection obtained?

Copyright arises automatically as soon as an original work is created. There is no legal requirement for formal registration of the work. However, in the event of a legal action that questions ownership of copyright, it is advisable to have some evidence that helps establish ownership and the date of creation.

By virtue of Trinidad & Tobago being a signatory to the important international copyright conventions & also having regard to the provisions of the Copyright Act, protection is extended in Trinidad & Tobago to nationals of countries who are also parties to such international conventions and vice versa.

See Copyright

What is the value of music?

The value of music is indisputable. Music is everywhere around us : on radio and television, in films, bars, clubs, discotheques, gyms, restaurants, hotels, offices, shopping malls, concerts, fetes, festivals, aeroplanes and taxis. Recordings of music are manufactured, sold, and distributed on a large scale. Music is an important facet of modern life.

The copyright owner of music whether it be the composer, songwriter, lyricist or publisher has a legal right to give permission for the use of music and receive payment in return for its use. On the other side of the equation is the value of music to "users" such as radio and television stations, cinemas, business premises, record & video companies.

See Music Users

What kind of music does COTT administer?

COTT does not discriminate. COTT's local repertoire includes all kinds of music - calypso, soca, chutney, ballads, R&B, rapso, East Indian, dub, reggae, gospel - any type of music composed or owned by its members. COTT's international repertoire consists of music from all corners of the globe.

See Organisation

Who needs a licence from COTT?

Every person or organisation who broadcasts or performs or authorises the performance of copyright music in public needs a licence from COTT e.g. radio & television stations, cable service operators; premises or places which use music such as - bars, clubs, discotheques, calypso tents, cinemas, theatres, restaurants, shops, malls, factories, offices, banks, hotels, doctors' and dentists' waiting rooms, beauty salons, barber shops, trade shows & exhibitions, taxis, aeroplanes, elevators, telephone 'holding' systems, fete and concert promoters etc.

In addition any one who records in any form musical works in COTT's repertoire needs a licence from COTT - record and video companies, advertising agencies, television & film producers, record manufacturers, importers and distributors etc.

A performing right licence from COTT means you can legally use the world's repertoire of copyright music in public.

A mechanical or synchronisation licence from COTT means that you can legally use the music of COTT's members in any form of audio or audio-visual recording.

See Copyright

Do DJ's need a licence?

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.

See Awareness

Why is a licence from COTT needed?

Under the Copyright Act if you wish to use copyright music in public or if you wish to record copyright music you must get the prior permission of each copyright owner. COTT represents more than 400 composers, lyricists, songwriters and music publishers who are its members. Through COTT's reciprocal representation agreement with PRS and through the arrangements of PRS with similar performing right societies throughout the world COTT represents virtually the world wide repertoire of copyright music, which at present amounts to some 17 million active works.

See Copyright

What service does COTT provide for members?

It would be impossible for the individual composer, lyricist, songwriter or publisher to monitor the public performances and broadcasts by thousands of users of their music across Trinidad & Tobago and the rest of the world, to issue licences and collect royalties due. Similarly if the music of a composer, lyricist, songwriter or publisher is being recorded by another person it would be difficult for the copyright owner to keep track of such recordings. In steps, COTT which monitors the use of music, issues licences, collects licence fees and distributes such fees to its members and members of affiliated societies.

See Services & Members

What service does COTT provide for music users?

COTT facilitates users who would otherwise be legally obligated to get permission from copyright owners each time their music was performed in public, broadcast or recorded, which would probably be an expensive and difficult process. COTT aims to create simple, efficient and effective licensing and royalty collection procedures. By taking an appropriate COTT licence, paying the appropriate licence fee or royalties, any music user can legally use a wide range of music.

See Services & Music Users

What is a public performance?

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.

See Awareness

Does it matter how music is performed?

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.

See Awareness

What does a COTT public performance licence cost?

The cost of a COTT public performance licence depends on the type of premises being licensed and the extent of music usage. There are several different tariffs from which the appropriate licence fee for different kinds of premises are calculated. Most of COTT's licensees are issued with an annual licence referred to as a "blanket" licence which gives them the right to use all of the musical works in COTT's repertoire (which includes foreign music). Under a blanket licence, licensees are not required to account or pay separately for each musical work performed.

See Music Users

How is a licence obtained from COTT?

In relation to public performances a music user is by law required to obtain a licence prior to playing the music in public. To assist in monitoring the public performance of music COTT employs Licensing Representatives. The main job of the Representative is to locate unlicensed music users and assist such users in obtaining a COTT licence. Persons who request a licence before they are contacted or before the staging of an event at which copyright music will be performed are charged a lower rate.

An application for a mechanical licence must be made before the product is produced, manufactured or imported. Similarly an application for a synchronisation licence must be made before the film, video or commercial is made. Applications for both mechanical and synchronisation licences must be made by contacting COTT's office.

See Music Users

When is a COTT licence not needed?

1. 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).
   
   
2. Performances during religious services in churches or other established places of worship.
   
   
3. Live performances of musicals, operas, ballets & other dance performances.
   
   
4. Live performances of specially written music for plays or other dramatic or theatrical productions.

See Awareness

What happens in the event of 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 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 could result in the imposition of fines and/or imprisonment.

See Awareness

How are rights in music administered overseas?

Collecting societies similar to COTT exist in most countries in the world. Some of these societies administer both performing rights and mechanical rights (e.g. GEMA the German society) other societies administer either one or the other. PRS administers performing rights only and under its reciprocal representation agreement with COTT, the members of COTT are represented by PRS and its affiliated societies in the same way that PRS represents the interests of its own members and the members of its affiliates. Consequently if, for example, the musical works of a COTT member are performed in the USA, the US society will send the royalties to PRS who in turn will remit the royalties to COTT.

See Services & Members & Distribution

How are royalties distributed?

All licence fees and royalties received by COTT in respect of performing rights are placed in two "pools"

• The COTT Members Pool
• The International Repertoire Pool.

The COTT Members Pool is further sub-divided into 4 sub-pools for eventual distribution. Since COTT is a non-profit company all money collected is distributed after deduction of its operation costs only.

The four sub-pools are as follows:

1. Special Events: all revenues received for events during and preceding Carnival in which the majority of musical works are those composed by COTT members or composers of West Indian origin;
   
   
2. Broadcasting: all revenues received from radio & television stations and cable service operators;
   
   
3. General: all revenues received from general licensees (bars, restaurants, shops etc.).
   
   
4. Live Events: all revenues generated from licences issued for live concerts with a fee of $5,000 or more.
   
   

With regard to the broadcasting sub-pool, royalties are allocated on the basis of samples. Samples are used because the amount of income received from broadcasting stations means that it is not cost effective to do a complete analysis. Revenue from the general performance sub-pool is distributed to members pro rata to the amounts distributed to them from the broadcasting sub-pool. Revenue from the "live events" sub-pool are distributed directly to members whose works have been performed at the events on the basis of playlists collected for each live event.

Revenue from the International Repertoire Pool is remitted to PRS for distribution to members of PRS and its affiliated societies.

When COTT collects mechanical royalties it deducts a commission before distributing the balance to members.

See Copyright & Members & Distribution

What is a play List?

A Play List is a form designed to collect information about songs performed at various live events.

• Do you perform live?
• Would you like to collect royalties for these live performances?

If the answers to these questions are yes then here is what you need to do.

1. Collect a play list from COTT's office and make as many copies as needed.
2. After each local and overseas live performance complete a play list form.
3. At least once per month submit to COTT's office.

Help us to help you collect what is rightly yours!

See Play List form at Notifications & Releases

What else does COTT do?

1. COTT hosts the Annual COTT Music Awards which honours and recognizes the contribution of COTT's members.
2. COTT also organises educational seminars & workshops.
3. COTT lobbies government for improvements in copyright law.

See Services & Members

How is COTT run?

COTT's policy and management are determined by a Board of Directors made up of:

• 6 Writer members elected by members
• 2 Publisher members elected by members
• 2 PRS appointees
• 1 Government appointee
• 2 Persons who are neither employees or members of COTT

The Board delegates the day to day running of COTT to the organisation's employees.

See Organisation

How do I join COTT?

COTT has two categories of membership:

• Writer Member
• Publisher Member.

See Members:Writers & Members:Publishers for requirements.