In a move that signals a tougher stance on copyright compliance, the Copyright Society of Composers, Authors and Publishers (COSCAP) has initiated a crackdown on event promoters who fail to secure music rights licences for public performances.
COSCAP yesterday filed for an injunction against the organisers of the popular Tipsy Music Festival – the day the event was scheduled to take place. However, organisers moved to obtain the licence at the 11th hour, avoiding disruption of the event.
When contacted by the Sunday Sun, chief executive officer of COSCAP, Dr Erica Smith, confirmed that the urgent court action was initiated due to non-compliance with the Barbados Copyright Act, which requires that a licence be secured for any public performance of music.
“COSCAP made the decision – the board and management – that although we try to be reasonable and work with our clients, the producers of events and so on, we still could not tolerate having our members’ rights disregarded,” Smith explained.
“Because a licence had not been obtained for the Tipsy Music Festival, we did instruct our attorneys to make an urgent application for injunctive relief.”
The matter was settled just ahead of the event, held at Copacabana Beach, Bay Street, with the necessary arrangements being made and the licence secured.
Tipsy, a two-day event, is also scheduled to be held today at the
National Botanical Gardens.
Smith warned that COSCAP was prepared to pursue similar enforcement measures against other promoters, especially as the island enters the height of the Crop Over season.
“We have determined that we need to be very serious about what we’re doing in terms of how we deal with those persons who just continue to refuse to obtain the necessary licences,” she said.
She described the ongoing issue as not necessarily “widespread” but persistent enough to undermine the earnings of local artistes. According to Smith, COSCAP estimates that up to 50 per cent of potential revenue from music licensing is lost annually due to non-compliance, amounting to several millions of dollars.
“These lost revenues don’t just affect us as an organisation. They mean that the artistes, composers and producers we represent, many of whom are Barbadians, are being denied what is legally and rightfully theirs,” she said.
The Sunday Sun reached out to president of the Entertainment Association of Barbados, Rudy Maloney, who promised to comment on the development at a later date.
Smith expressed COSCAP’s
frustration with the apparent apathy among some promoters. She revealed that a recent information session intended to educate and engage stakeholders saw a dismal turnout.
“We invited almost 40 promoters and only three came. People complain about having to get a licence, but very few demonstrate any interest in understanding what it’s about,” she lamented.
She added that despite ongoing attempts to accommodate stakeholders, including concessionary three-year licensing agreements for major events, resistance to compliance remained high.
“Over the years, promoters have lobbied us about our licensing schemes and we have made a lot of compromises. Yet, even when we’ve met them part way, it seems some just don’t want to pay. Period.”
Smith said music was an essential production cost that should be factored into every event budget, just like lighting, catering or sound.
“You can’t have a show without music. You can’t have a concert without music, and if you’re publicly performing music, or broadcasting or including it in cable programming, you need a licence. That’s the law.”
With the Crop Over calendar now in full swing, Smith made it clear that the grace period for non-compliance was over, adding that those who continued to ignore licensing requirements might find themselves facing a similar legal consequence. (CLM)
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