Subject to the provisions of section 25 and subsections (7) to (9) of Part VI of The Copyright Act of Trinidad & Tobago, amended version of 2008. The original owners of Neighbouring Rights in- (a) a performance, is the performer in the performance; (b) a sound recording, is the producer of the sound recording; (c) a broadcast, is the broadcasting organization.
Subject to the provisions of section 25 of The Copyright Act of Trinidad & Tobago, amended version 2008. A performer and or producer has the exclusive right to authorize or prohibit any or all use of his or her works, the broadcast or communication to the public of his performance or sound recording. (Further explanations can be found in The Copyright Act of Trinidad & Tobago, amended version 2008)
In relation to musical works, the performer and producer (as the original owners under Neighbouring Rights) may assign such rights to a Neighbouring Rights CMO such as the TTCO. It is important to note that when you join the TTCO, your rights are transferred to us upon approval of membership.
It would be impossible for an individual performer, producer, broadcaster to monitor the public / live performances and broadcasts by thousands of users of their musical works across Trinidad & Tobago and the rest of the world. Joining an organization like the TTCO, affords persons to lodge and have their works protected from unlawful exploitation, through the authorized licensing of works, collection of fees and distribution to members.
Neighbouring Rights in a musical work arises automatically as soon as it is created and the work is published.
No official registration is necessary to secure Copyright or Neighbouring Rights in a work. Under T&T law both musical and literary works are automatically protected from the time they are created. Consequently, in the event of a dispute over ownership or originality, there is no standard method of proving that one work was in existence before another but rather that the producer shall be the owner of the production and the performer, the owner of his performance, live or featured. There are however, suggested ways to help prove that the work was created on a specific date via the following methods: Send a copy of the work to yourself by registered mail or email. In the case of registered mail, leaving the envelope unopened and stored with the receipt from the post office. Deposit a copy in a safety deposit box at a bank or other financial institution of choice. Lodge a copy with your Attorney-at-law.
Copyright and Neighbouring Rights in original works generally lasts for a period 50 years from the end of the calendar year in which the owner of the works has died.
A Neighbouring Rights owner can exploit his/her Neighbouring Rights in the following ways: Transfer legal ownership– This is the transfer of the right to another party in return for payment or other valuable consideration, known as an assignment. The Neighbouring Rights owner may assign all or some of the rights in a work, or alternatively, the transfer could be for a limited period of time. During the period of assignment only the person who has been assigned those rights may exercise them. Issue licenses– Permission to use the work may be granted in return for payment with the advantage that many people can be licensed at the same time. A license may be granted for a particular duration or right.