Music Makers - FAQ

Join JAMMS

Frequently 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?

All Artiste/Musician, should ensure that they are fully compensated for work done during the recording process, if it is broadcast.When international laws were enacted for Copyrights regulations, there was an aspect that was created called Related Rights. The specific focus of these, were to address and protect the rights of Performers, Producers of Phonograms and Broadcasters.

Am I a Performer?

Under Copyright Related Laws, Some of the roles that are considered Performers includes, lead or back- ground vocals, playing an instrument, deejaying ,singjaying, clapping, reciting a poem or a ‘spoken word’. In general, if one was a participant in the recording process, you are considered a “Performer’ and entitled to remuneration if the track is broadcast.

What is a Performing 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 artiste for the protection of their rights, both locally and internationally.

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?

Not at all! The CMO’s aforementioned, are institutions designed to protect the ‘works’ created by writers/composers. In Copyright and Related Rights laws, there is a distinction between a Creator of a ‘work’ and a Performer on the ‘work’. For example, A songwriter who is the creator of a ‘work’ can also be the lead and back-ground vocals during the recording process, s/he then becomes a Performer on the ‘work’. Which would make one entitled to receive remuneration as both the creator of the ‘work’ and a performer on the ‘work’. Hence, a Performer on the ‘work’ is not necessarily the creator of the ‘work’. This is viewed as two distinct engagements in copyright laws. As a result of this distinction, there are CMOs designed specifically to address the needs as (a) Creator of the ‘work’ or (b) Performer on the ‘work’.

But doesn’t JACAP and those other societies represent artistes?

No. In Copyright and Related Laws, 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 will JAMMS be able to collect royalties?

International Laws that are used to regulate the protection of Performing artistes, allow a six years time span for retroactive pay.

As a Performer will JAMMS collect royalties for me when I perform on stage?

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.

How do I register with JAMMS as a Performer?

Step 1- Before JAMMS can act on any Performer’s behalf, it is necessary that the performer appoints and authorizes JAMMS to act in the capacity as their CMO representative, for the payment of royalties. If JAMMS is chosen for this role, an agreement is then provided by the organization which specifies the terms, roles, and the rights for both parties involved. This agreement is called THE PERFORMER AFFILIATE AGREEMENT.

Step 2– The next document that will be necessary to be signed is the ‘APPLICATION FOR AFFILIATION- MEMBER form. The document gives JAMMS necessary information that is needed for the collection and payment of funds.

Step 3 – After becoming a member of JAMMS, it is necessary to fill out a PERFORMERS’ ROLE AND TRACK INFORMATION SHEET, before any claim can be made. The information on this sheet contains the important resources that the CMO needs to track the particular record, that the performer is a participant on. It provides JAMMS with the title/subtitle of the track, the performers birth and stage name (if necessary), the role/s played for the recording, the release date, and the record label. Without this information, the CMO will be unable to track the record in consideration effectively.

When will the Copyright Laws be changed, so that JAMMS can collect royalties in Jamaica?

We speculate that in a year’s time, the copyright Laws will be amended, which will facilitate the collection of royalties for Performers by CMOs in Jamaica. The process though, is fairly advanced in its stages, however there are several other steps to be taken that will enable the amendment to be enacted as a law.

As a Performer, can JAMMS do anything for me now, even though the law is not changed?

Definitely,JAMMS have a wide international network of CMO affiliates, that will act on behalf of them in their specific 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 an partner/affiliate CMO in the specific territory,that can monitor this recording, one has the capacity of earning and receiving royalties. As stated, this is possible only if JAMMS is given the authority to act as one’s representative, and the necessary paper works that are required are filed.

Why should I consider JAMMS as my Performing Rights CMO?

(a) Because of the geographical inaccessibility to most CMOs for Performer’s Rights available to Jamaican artistes, it is at times impossible to supervise one’s business efficiently. However, because of JAMMS locality, their extension and expansion into Performance Rights is highly welcomed in the Jamaican Music Industry.JAMMS will continue their transparency and open door policy allowed to Producers they represent, to also members who are Performers that they are authorized and appointed as CMO.

(b) In many instances, some Performers are signed to different CMOs, each authorized to monitor and collect monies owed from the territories under their specific jurisdiction.This can be a time consuming and tedious task. With this in mind, and with the aim of serving its members in the best possible way, JAMMS, will be providing an opportunity to eliminate the multi CMOs approach. The organization will be providing an ‘umbrella’ option, which means that JAMMS, through and with its wide global CMOs networks and affiliates, will be the central entity that will be identifying, monitoring and collecting on behalf of all the Artists/Performers they are authorized to represent. Essentially, through JAMMS and its affiliated global CMOs organization, the possibilities exist that wherever in the world, a song is broadcasted, and you are a performer on the record, you are positioned to receive the performer’s royalties.The accessibility by members to this kind of ‘umbrella’ service provided by JAMMS, can eliminate excessive time consumption and money.

(c) – Our primary aim is to serve our members. Our institution owes its success to the principles of accountability and integrity from which we execute our business endeavors in the representation of Music Industry practitioners.Our track record built over the years, attest to the fact, that as a result of our representation, many of our members who are Producers are compensated for the work they execute during the recording process. We plan to maintain this vigor in our representation of Performers. We encourage questions, reviews and critiques.