NEIGHBOURING RIGHTS
The rights of Producers and Performers in sound recordings are protected as Neighbouring Rights under the Copyright Act of Trinidad and Tobago. It is different from Copyright in that Copyright exists in the composition of a musical work while Neighbouring Rights exist in the recording of a musical work.
Neighbouring Rights resides in fixation of music, i.e. in a CD, cassette, video, vinyl record, etc. When music is performed live (with absolutely no involvement of sound recordings), there are no Neighbouring Rights. There is only copyright for the performance of the music. However, when the song is played via a CD or any other fixation (even when accompanying a live performance, as with tracks or a dance item to recorded music), Neighbouring Rights exists in the public performance and broadcast of that sound recording.
WHO CAN APPLY FOR MEMBERSHIP?
When a copyright fee is charged, this is done to compensate the Composers, Authors and Publishers, who are the creators and owners of the composition. When a Neighbouring Rights fee is charged, this is done to compensate the Producers/Master Rights Owners of the sound recording and all the Performers on the sound recording.
As a result, all Producers/Master Rights Owners and Performers, including musicians are eligible for Neighbouring Rights membership.
CRITERIA FOR MEMBERSHIP
MASTER RIGHTS OWNER
- Completion of application (Online, Electronic or Hard Copy).
- Completion of Notification of Recordings Form (NOR) for each of three (3) commercial recordings. The following details are compulsory:
- Song Title.
- ISRC code of recording.
- Release date, etc.
- Producer(s) and shares.
- Performer(s) and shares.
- Submission of three (3) commercially released recordings in MP3 format.
- All agreements of shares division between producer(s), rights owner(s) and performers to be clearly documented / signed.
- Certificate of Incorporation/Registration as a business entity
- Copy of main contact’s ID with signature affixed.
PERFORMER
- Completion of application (Online, Electronic or Hard Copy).
- Completion of Notification of Recordings Form (NOR) for each of three (3) commercial recordings. The following details are compulsory:
- Song Title.
- ISRC code of recording.
- Release date, etc.
- Producer(s) and shares.
- Performer(s) and shares.
- Submission of three (3) commercially released recordings in MP3 format.
- Copy of applicant’s ID with signature affixed.