The legal framework
The Copyright Act 1993 was amended in 2015 to extend the term of protection from fifty to ninety-five years after the author's death, one of the longest terms anywhere. Fair dealing covers research, private study, criticism, review and news reporting. The extension was driven by the value of Jamaica's music catalogue.
Key points
| Statute | Copyright Act 1993, amended in 2015 |
|---|---|
| Term | 95 years after the death of the author — exceptionally long |
| Sound recordings | Also protected for an extended term following the amendment |
| Fair dealing | Research, private study, criticism, review, reporting |
| Registration | None: protection is automatic |
| Collective management | JACAP and JAMMS |
| No registration | Protection is automatic |
In practice
- Assume everything you find online is protected: absence of a copyright notice means nothing.
- Look for an explicit licence — Creative Commons, a stock licence, a written permission — and keep a copy of it.
- Credit alone is not a defence: attribution does not replace permission.
- For anything commercial, get permission in writing and keep it for as long as you use the work.
- Register with the relevant collecting society if your work is performed or broadcast.
Recent changes
The 2015 amendment extending the term to 95 years post mortem was adopted to protect the long commercial life of Jamaican music.
Where to go
- Jamaica Intellectual Property Office.
- JACAP and JAMMS.
- Supreme Court for infringement claims.
Worth knowing
Because the Jamaican term is far longer than elsewhere, a recording that has entered the public domain in Europe may still be fully protected in Jamaica — and vice versa for anyone publishing from Jamaica. Because the Jamaican term is far longer than elsewhere, works free in Europe may remain protected here — and vice versa for anyone publishing from Jamaica.
Official sources and links
- UN Human Rights Office — ratified treaties and country reviews
- ILO NATLEX — national legislation database
