Music Makers - FAQ
Join JAMMSFrequently Asked Questions for Music Makers – Performers & Producers
Can JAMMS assist me to negotiate the use of my recording in a film?
No. JAMMS is a performance rights organization. The rights involved in clearing recordings for use in films are managed by record labels themselves and mechanical rights organizations.
JAMMS negotiates and issues permits and licences that allow third parties to broadcast or play sound recordings to the public.
I Am Not A JAMMS Member, Does JAMMS Have Royalties For Me?
No. JAMMS does not collect royalties for labels/ record producers nor performers who are not members. To benefit from royalties through JAMMS, the rightsholder must meet the application criteria, submit an application, and be approved as a member or affiliate member.
How are royalty payments determined?
The distributable income for each period is shared among eligible members according to the results of the ‘airplay matching’ exercise. Airplay reports/music logs are matched against recordings registered by our members. This process determines what titles have been used, how frequently, and what share of the distributable income is due to those titles. Members receive a statement with the details of their earnings and payment reflecting their statement totals.
Can I give permission to music users directly, whilst being a JAMMS member?
No. The agreement you enter with JAMMS grants the Society the exclusive right to manage your recordings for broadcast and public performance.
How long does it take from application to approval?
Membership applications are now approved within four (4) weeks of receipt of all required items. A preliminary approval may precede full approval in some cases.
How soon after being approved as a member will I start earning royalties?
Based on the licensing and collection cycles, members must satisfy a period of six (6) months before they will qualify for royalties. They will form part of the pool that is eligible for royalties in the distribution that follows that period.
Frequently Asked Questions for Performers
What Rights Do I have as a Performer on a Recorded Track?
Performers are entitled to what is typically called Remuneration Right. This is the right to earn from the broadcast and public playing of recorded music. Performers, however, do not have the right to restrict the use of the work, once it has been commercially released. The right to restrict use is called an Exclusive Right. Exclusive Rights are held by creators/contributors such as Songwriters, Composers and Producers.
Am I a Performer?
Under Copyright Laws, some of the roles that are considered Performers includes, lead or back- ground vocals, playing an instrument, deejaying , singjaying, rapping etc. Eligibility as a Performer to earn performance royalties typically means someone who has made an audible contribution to the recording. Therefore a contributor in the recording process who whistles, claps does adlibs etc are also considered Performers.
What is a Performers’ Rights CMO?
A Performers’ Rights CMO is a member-based society designed specifically with the necessary networks, technologies and expertise to track whenever any recordings are broadcast in the jurisdiction to which it oversees. Therefore, with the information garnered after research, they are equipped to allot funds to individual performers based on the role/s played in the recording process.
Please Note : Unless authorized by the artist, a CMO is unable to act on behalf of the artist in the collection of payments that might be available for them. It is important that a Collective Management Organization (CMO), which is members based like JAMMS, is appointed and authorized to act on behalf of an artist for the protection of their rights, both locally and internationally. Performers who fail to join a CMO are typically unable to benefit from Performers Royalties.
What is JAMMS?
JAMMS is a Jamaican CMO, that throughout their twelve years of service as the leading representative for producers, have earned a stellar reputation of integrity and accountability both globally and locally. With their proven expertise, they are positioned to extend their reach into the representation of Artistes/Musicians. As a result of JAMMS networking acquired over the years, they are linked to some respected Performing Rights CMOs in the international music industry. Their affiliates cover most territories in Europe, Asia, Central America and Africa. Some of the CMOs that are affiliates include, PPL in the UK, Spedidam in France and AIE in Spain.
I am already a member of BMI/JACAP/ASCAP/PRS . Will joining JAMMS affect the arrangement?
No. The CMO’s mentioned, are institutions designed to protect the ‘works’ created by writers/composers. Under copyright laws, there is a distinction between a Creator of a ‘work’ and a Performer on the ‘work’. As a Performers’ Rights CMO, JAMMS does not engage Authors Rights CMOs. JAMMS protects the rights of the Performers and in doing so does not interrupt or interfere with the rights of writers/composers.
A songwriter who is the creator of a ‘work’ can also be the lead and back-ground vocals on the record. He/She is therefore not just a songwriter but a Performer. This makes the individual entitled to receive remuneration as both the creator of the ‘work’ and a performer on the ‘work’. There are CMOs designed specifically to address the needs as (a) Creator of the ‘work’ or (b) Performer on the ‘work’. This emphasizes the point again that Joining JAMMS does not affect arrangements with any songwriters’ body such as BMI/JACAP/PRS/ASCAP etc.
But doesn’t JACAP and those other societies represent artistes?
No. There is a distinction between the creator of a ‘work’ and the Performer on the ‘work’. Therefore, in addressing these needs, there were international copyright laws passed facilitating two different CMO structures. One designed specifically to represent the rights of the creators of a ‘work’ and one designed specifically to represent the Performer/s on a ‘work’. JACAP falls into the category of protecting the copyright interests of writers/composers that create the ‘work’, JAMMS is a CMO that represents the performance of artistes/musicians on a ‘work’.
I have played on many songs as a musician, how many years back will JAMMS be able to collect royalties?
Different territories will have different periods over which protection is granted. Royalties collected often are held for 6 years in many territories, in line with the statute of limitations. There are however some territories with longer periods, and some with shorter.
As a Performer will JAMMS collect royalties for me when I perform on stage?
There are no Performers Royalties due to the Artists or musicians for their live performances…they receive compensation as entertainers from the Event Promoter. There is however an exception. When a live performance is recorded for future broadcasting purposes, the performers become participants in a recording and are entitled to remuneration. This would require a Performing Rights CMO like JAMMS, to act on behalf of the artiste in relation to the recorded usage.
When will the Copyright Laws be changed, so that JAMMS can collect royalties in Jamaica?
The process to amend the Copyright Act is underway. It is unclear however how long the process may take.
As a Performer, can JAMMS do anything for me now, even though the law is not changed?
Yes. JAMMS has a wide international network of CMO affiliates, that will act on behalf of JAMMS in those territories. So, if you are a performer on a record and/if when it is played anywhere in the world, and as long as JAMMS has a partner/affiliate CMO in the specific territory, the JAMMS performer member has the potential to earn from those territories.