GUIDELINES/ FAQS MEMBERS & AFFILIATES
Affiliate means a person who creates copyright material, or who owns or controls copyright material or a resale royalty right, and who is entitled to be a member of a Collecting Society under its Constitution. This includes creators of copyright material, such as authors, publishers, playwrights, musicians, composers, artists, computer programmers, producers or broadcasters, as well as people or organisations to whom the rights in copyright material have been assigned or in whom they have become vested.
JAMCOPY represents over 700 affiliates in the categories of creators and publishers of literary works in Jamaica. Through our bilateral agreements with 34 foreign RROs we also administer an expanding repertoire of literary works published in these overseas jurisdictions.
Affiliation with JAMCOPY is open to all eligible Jamaican creators and publishers of certain types of copyright material which is published in printed format, and to anyone who by way of assignment, inheritance by way of the death of the original creator, owns or controls such published material in printed format, in accordance with the Constitution of JAMCOPY.
Postings on a webpage, blog, or other social media sites such as Twitter do not qualify as publication for the purposes of JAMCOPY affiliation and the word ‘published’ is construed to exclude such activities.
Copyright holders join JAMCOPY free of cost by signing an Affiliation Agreement which is updated from time to time based on changes to the Copyright Act and JAMCOPY’s Rules and Policies. The Affiliation Agreement authorises JAMCOPY to manage the reproduction rights on behalf of rights holders.
In order to become affiliated with JAMCOPY prospective affiliates have to complete the relevant Application Form (creator/publisher) and submit required supporting information and documentation (sample(s) of works) and an acceptable form of identification.
JAMCOPY will treat its Affiliates fairly, honestly, impartially, courteously, and in accordance with its Constitution and Affiliation Agreement. JAMCOPY will ensure that its dealings with Affiliates are transparent.
JAMCOPY Licences cover the published literary works of our Members and Affiliates, including all books, journals, magazines, newspapers and other periodicals formally published in Jamaica (subject to some exceptions). Non-literary works such as paintings, sculptures, graphic designs, illustrations, plays and musical compositions (excluding lyrics), embedded in a literary work that has been published, are also covered by JAMCOPY licences.
JAMCOPY Licences also cover literary works and embedded non-literary works published in countries with which we have a bilateral agreement or repertoire exchange. There are some types of works which have been excluded from our JAMCOPY Licences by the copyright owners.
There are also some categories of literary works and embedded non-literary works which are not covered by JAMCOPY Licences.
Copying authorized under a JAMCOPY licence is not intended to replace the purchase of original published works. There are limits to the amount of a work that may be legally copied. Generally, no more than 20 per cent of a work may be copied (the maximum proportion varies according to the type of licence), except in the following instances:
- Newspapers: An entire article, photograph or other item or the whole of a page can be copied.
- Magazines and other periodicals: An entire article, essay, poem, short story, play or reproduction of an artistic work can be copied from an issue or volume containing other works.
- In-print books: An entire article, essay, poem, short story, play, case or reproduction of an artistic work can be copied from a book containing other works, or an entire chapter if the chapter is less than 20 per cent of the book.
- Out-of-print books: Up to 100 per cent may be copied, after confirmation by JAMCOPY that the work is out-of-print in all available editions. A separate fee may be levied. Further limits may be placed on the making of course packs and anthologies for educational purposes.
Unless permission is granted by the copyright owner, JAMCOPY will not knowingly authorize copying for partisan public political activities or for endorsement or advertising. In addition, copying under a licence is not permitted from:
- unpublished works
- any materials intended for one-time use (e.g. workbooks, examination papers)
- commercial newsletters
- originals of artistic works (including photographs or prints)
- print music or
- works specifically excluded by a copyright owner
Depending on the type of licence, the number of copies that can be made will usually be limited to one copy for each student, library user or employee, together with a reasonable number for teaching, supervisory or control purposes.
JAMCOPY offers a range of core products and services to JAMCOPY Licensees. Examples of uses permitted by the JAMCOPY Licences include:
- photocopying and scanning of hard copy originals;
- re-use of electronic publications from the UK and US only, for educational purposes only;
- printing, emailing and distributing multiple copies to students and employees;
- storage of digital copies and access to those copies by students and employees;
- re-use of press cuttings;
- use of hard copy or electronic documents;
- making, storing and providing Accessible Copies for print-disabled users.
These permissions are generally restricted to copying or use of limited extracts of copyright works. Please see our JAMCOPY Licences (available on our website) for the full terms. JAMCOPY may from time to time offer additional products and services to complement its core product offering.
JAMCOPY will distribute payments to its Members and Affiliates in accordance with its Distribution Policy which is reviewed periodically by the Board of Directors.
Affiliation with JAMCOPY does not automatically entitle an Affiliate to royalties from JAMCOPY. Your work must be such that is likely to be copied by a reprographic process (i.e. a mechanism for making multiple printed copies) and be included in JAMCOPY’s blanket licences.
There may be times when an Affiliate is not paid royalties in a given distribution period for various reasons including:
- incomplete information received by JAMCOPY from its licensees in the usage data or
- the absence of adequate works data from the Affiliate
- unverifiable works data submitted by the Affiliate.
Royalties are collected on behalf of Affiliates from Licensees and other reproduction rights organizations (RROs) around the world and are distributed once a year in the month of December. Royalties from JAMCOPY are paid by cheque, or direct deposit where the affiliate has provided the necessary banking information. To sign up for direct deposit, click here and download our direct deposit enrolment form.
The Code sets out details about JAMCOPY, its JAMCOPY Licences and JAMCOPY Licence fees and the standards of behaviour and service it aims to achieve in its dealings with Members, Affiliates, Licensees and other copyright users.
The Code addresses practices and procedures, and outlines the steps that Members and Affiliates can take if JAMCOPY’s services do not meet their expectations. The objectives of the Code are:
- to promote awareness of and access to information about copyright and the role and function of JAMCOPY in administering copyright on behalf of Members and Affiliates;
- to promote confidence in JAMCOPY and the effective administration of copyright in Jamaica;
- to set out the standards of service that Members, Affiliates and Licensees can expect from JAMCOPY; and
- to ensure that Members, Affiliates and Licensees are aware of the procedures for the handling of complaints and the resolution of disputes.
To view a copy of the Code of Conduct click here