Who would have thought that a conference on intellectual property could be fascinating? When put in the context of reggae and dancehall music and how to build a successful career, this topic comes to life. Last week, the Jamaica Intellectual Property Office and the World Intellectual Property Organization held a conference on these topics. I’ve written now about some of the people in attendance, now it’s time for the informative post. First, however, I think it is important to provide some context. The approach to intellectual property varies globally. Think of how a nation approaches patents, or how it licenses music and movies. The US, while not without issues, is a good example of flourishing industrial and commercial systems that are protected by a well-developed IP structure. Jamaica is still developing and this is striking in a nation that invented reggae and dancehall music. With such a unique and universally beloved musical sound, one would have thought that reggae and dancehall would have some strong protection in terms of intellectual property. I was surprised to learn that this is not the case. But if you think about it, can you really trademark or copyright Reggae Music and Dancehall Music proper? No. But you can trademark or copyright individual songs or concepts. The debate is ongoing here in Jamaica. Actually, there is even a debate as to where reggae music originated (not in Jamaica, of course), with some people claiming France. Who knew? But back to the basics.

First, we must ask what intellectual property is and why it matters? It is a creation of the mind, including literature, music, artistic inventions, and industrial designs, according to lawyer and presenter Analisa Chapman. If you create anything from your mind, you have the economic and moral rights to copyright it, but it is incumbent on you to do so through the proper legal channels. The remedy for someone infringing on your copyright, for example, by claiming your song as theirs, can be the awarding of financial damages and an injunction to stop. 

So let’s take the case of a reggae song. If one person writes the lyrics, one person writes the music and then individual musicians play each part, each contribution can be copyrighted. This is also important when it comes time to be compensated for one’s contribution, whether it be through residual radio plays or later concert performances. It can get complicated, so it is essential for people to write down each person’s contribution, agree on it and sign it, panellists stated over and over. 

And in the digital information age, copyright is gaining importance. As David Stopps, an English band manager (Howard Jones for the last 30 years) put it, we are moving from a “copy economy to access economy.” And as Ibo Cooper of famed reggae band Third World said, “Music is a craft, but the music business can be crafty.”

Stopps also touched on how musicians can make money from the Internet, for example, through iTunes or Youtube. “A web site, Youtube, Facebook and Twitter are all absolutely essential, and this all involves a lot of work,” Stopps said. More practically, Stopps also gave some basic advice to perfumers: “Rehearse and use a mirror!” he said, adding that a musician can build a solid career with a good performance. “When you stop selling records, you’ve still got your career. Live shows are your pension.”

But the day’s best comments came from Charles Campbell, a board member of the Jamaica Reggae Industry Association. Campbell directly addressed the more contentious topics, such as a generational divide between artists and a “lack of unity” within the industry. “We have to set the record straight that Jamaica is the birthplace of reggae,” Campbell said. “We can’t trademark reggae, but we can in fact trademark Jamaican reggae.”