Member of the Board of Directors of Eastern Caribbean Collective Organisation for Music Rights (ECCO), McCathy Marie, has hailed as a major victory a settlement between the Copyright Music Organization of Trinidad and Tobago (COTT) and Tri-Star Promotions that allowed the staging of the highly anticipated event featuring the Marley children as the headline acts at the Halsey Crawford Stadium in Port-of-Spain on August 28.
He said ECCO will be taking similar actions across the region.
COTT had earlier advised the promoters that if the concert were to go ahead without the organisation giving its licence to the promoter, the organisation would seek an injunction to prevent the use of its repertoire at the concert.
Since COTT is the legal owner of the right of public performance of the entire world’s repertoire of copyright music in Trinidad and Tobago, including the entire repertoire of Bob Marley and his children, it would have been impossible for the concert to be staged without infringing COTT’s rights.
The deal was brokered after discussions were held late on the afternoon of 28th August at the St Vincent Street, Port-of-Spain, office of the organisation’s lawyer Martin George.
After the talks, the event’s promoter Tri-Star Promotions paid a deposit to obtain a licence from the organisation for the event. The reported deposit was estimated as TT$200,000. (EC$100,000)
COTT’s lawyers had also written to the Minister with responsibility for the Sports to inform him that because the Government is the legal owner of the stadium and the law made the owner of a place of public entertainment liable for a copyright infringement at its venue, the Government would also be cited in the request for the injunction as well as a respondent if a writ for copyright infringement were eventually filed.
COTT’s lawyer Martin George said, “While the Copyright Organisation wishes to maintain a good working relationship with the promoters, they are, however, prepared if necessary to take this to the next level by going to court for an injunction. As we celebrate our 50th Independence and hail our pan men, masmen, soca and calypso artists, it is important to not just celebrate them but recognise the value of their work and ensure that they receive the adequate compensation for that.”
He said his client sought to protect music producers, composers and writers in T&T and through its reciprocal contracts with similar organisations in the Caribbean it also protected these creators.
This action by COTT is reminiscent of a similar action action initiated in 2010 by ECCO right here in Dominica against the Dominica cricket Association, the West Indies Cricket Board and the Government of Dominica during the West Indies VS South Africa one day matches at the Windsor Park Stadium.
Marie also said ECCO will be suing a cinema and a TV station in St. Lucia for the infrigement of copyright material.
Mark Marie making a bold statement, I’m all for dues being paid. But I want that man to explain to me where he was when Bob Marley, Tosh et AL were writing their songs, for him to even want to prevent the man’s OWN flesh and blood from singing their father song.
So as 50cents has gone on public record and state he doesn’t care about people pirating his music or playing it, Mark Marie will tell me I can’t play 50ty music at my party? This man better have a seat on a short bench. Mark Marie & ECCO are NOT the sole representatives of all musicians. Heck I guarantee half of the world musicians, writers etc never heard of this man and his drama.
@AboveTheFold @HateIgnorance @Anonymouse let me try to explain.
The payment formula is usually a complicated issue. But bear this in mind: ECCO collects money not only for song-writers based in the Eastern Caribbean, but also for artists such as Beyonce, Chris Brown, Michael Jackson, Bob Marley, etc. Also, Performing Rights Organisations such as ECCO only make payments once or twice a year.
Payments to the song-writers are determined by two things: (1) the amount of money left in ECCO’s wallet after collecting for writers around the world AND settling its administrative costs, and (2) the number of total plays that one song-writer gets… this takes into consideration the fact that any one writer could have writtern numerous songs.
Let’s say that ECCO collected $150,000 in 2011 and had administrative costs of $50,000… they’re left with $100,000 to pay out to writers. They must then tally the number of times plays for each song-writer… Pat Aaron, Usher, Machel Montano, Michael Jackson, etc. So as you see, our local song-writers go up against the biggest and the best in the music industry. Out of these four names I’ve called, who do you think has the highest number of plays in the Eastern Caribbean?
And by “play” I mean plays on the radio and any other public venue licensed by ECCO to play registered music. And in order to play music (that you did not create) in a public venue, you MUST get a license from ECCO. Mr. Marie can’t go to every rum shop and bar, so he targets bigger businesses and larger shows/festivals. Even live performances are covered by ECCO’s agreement with writers. This is because performers regularly perform songs that don’t belong to them… how else would the song-writer be compensated for his work if people like Mark Marie weren’t around?
You’ve never heard of WCMF having these issues for payment or copyright because the organizers of the festival have a license with ECCO. A couple years back, there was no music in Windsor Park Stadium for the WI vs. SA match because the organizers of that event didn’t have a license from ECCO.
I have two suggestions for local song-writers:
(1) besides getting your songs registers with a PRO such as ECCO, they need to get their songs played at venues that are licensed in AND outside of Dominica. This means song-writers need to put in more work – write better songs and build their fanbase. Writing better songs will appeal to a broader fanbase. And a larger fanbase will request that their songs are played in more foreign venues thus increasing their opportunities to earn royalties.
(2) local rum shops, buses, stores, etc. can support song-writers by obtaining licenses from ECCO. These licenses are actually very minimal.
Cheers.
Josh Rudder looking sexy papa..i want some..lol
Are there any copyright licenses granted for the World Creole Music Festival? Just asking since I’ve never heard of any such issues associated with the festival
Yes the festival is licensed and they duly pay their licence fees.Mr.Piper as a former artist manager knows his responsibilities.
some people just want to watch the world burn… -_-
But that McCarthy Marie self will die in that job oui. You know how long tha man involved with that copyright business? Man it’s time to look for something else for you to do.
Great going ECCO! I see we are getting serious about allowing our artistes to benefit from their sweat. Great work.
What needs to be done is for local bars nd taxis etc to pay a very small fee. Then thet write down who they played.
Wait … BUT … They write only local artists down so that Marie MUST pay out and not hide behind “Beyonce gettin it all”
Local bars and DJ can help local artists by saying they only play local … Whatev they play.
Marie is making a great living from this.
How is his income qualified?
Everytime I think I understand this copyright business I get thrown through a loop.
For. eg. Who made COTT the “legal owner of the right of public performance of the entire world’s repertoire of copyright music in Trinidad and Tobago, including the entire repertoire of Bob Marley and his children..”
I don’t get it.
but wait how COTT seeking to profit from a man child singing his father’s own songs???
@K let me see if I can explain.
For every song there’s a song-writer(s) and this is the person who writes the words and the music for the song. A song may have any number of writers. The “copyright” ultimately belongs to those song-writers.
When you (as a consumer) buy a CD or download an MP3, the music is only licensed for your “personal” use, for example listening at home, Ipod, etc. So when music is played on the radio, in a restaurant, in a stadium or at a festival (i.e. a public setting) these “public performances” are covered under a different license. A public venue must pay for that type of license.
There is no way every song-writer can approach every public venue in order to cut deals and sign contracts regarding their songs. In order to avoid this, Performing Rights Organizations (like ECCO, COTT, and others) administer these rights on behalf of song-writers around the world. The writers register each of their songs with one such organization, and that organization is then authorized to seek payment/royalties on behalf on the writer.
Similar to the writers, it would be near impossible for every single PRO to seek payment from every radio station or public venue… for example, if one of Ophelia’s songs plays on the radio in Singapore, she would be entitled to payment for that public performance. So the PROs sign collaborative agreements in order to recover those funds. For example, ECCO covers the Eastern Caribbean and COTT covers Trindad and Tobago. If one of Pat Aaron’s songs (assuming he’s covered by ECCO) is played on the radio in Trinidad, then based on agreements between the two PROs, COTT will recover those funds on ECCOs behalf and ECCO will eventually pay Pat Aaron.
I hope that clears the air a bit.
Great explanation…. the problem with that setup is that the artiste hardly gets paid… Ask the same Pat Aron he will tell you… ECCO does not pay the artiste..especially in Dominica ..
thanks it makes much more sense now , the bottom line is that the songs must be registered or copyrighted to the company . but i guess the owner can sing his own song in public if he so chooses without permission from the copyright organisation .
Thanks. Good job explaining.
Clear, but as mud…U see it doesn’t account for the rum shop that plays CDs and the public comes by, buy drink, enjoy the music and leave. xplain pls.
My2 sense you have it absolutely correct.
so what about all those musicians around the world not registered with ECCO yet Mark Marie and co. still claims to have rights over the music?? Can ECCO also be transparent enough to detail us as to the methodology of ensuring payments to ALL artists from the monies collected and the percentage of the monies which goes to individuals such as Marie and co who claim to be working on behalf of the artists and songwriters????
hey thanks…that helps.
Hello K, it’s simple 101! Every collection agency or copyright society represents each other. So Trinidad represents the world in Trinidad, Sri lanka represents the world in Sri Lanka…
This is so by an international treaty…involving the United Nations, Human rights and all…so it’s not just a bunch of greedy people….It’s local and international LAW…You still don’t get it?
I actually do get that. Thanks:)