A couple of band leaders were complaining to me today that they do not get royalties from the CDs and DVDs that are produced of Panorama performances.
What???
Something is very wrong here. Both indicate that they have not signed away any of their rights to anyone. One is a composer of original music.
Copyright law is very clear.
Published music performances are protected by two different rights.
The IP rights of the composer usually called the copyright and the performing rights of the band or individual doing the original performance.
All reproductions of that performance therefore command royalties which, in the case of Panorama compilations, would be shared equally by all the bands appearing in the compilation, both for the CD as well as for the DVD.
What does the copyright organization have to say about this?
Could anyone shed some light on this?
Replies
Wayne,
Hoping this info helps you, here's looking at the business of carnival in T&T in 2015 or an attempt to analyze it?
There's a disclaimer at the bottom of the report, you can take it for what it is "accuracy."
http://www.ncctt.org/new/images/carnival_business_links/Carnival%20...
Understanding the T&T Carnival Industry (Cont’d from Pg 3)
The World Intellectual Property Organisation (WIPO) estimated that in 2011,
Trinidad and Tobago earned US$50 million in foreign exchange from copy-right
based industries. An increase from the previous estimate. The fete/party industry is
also growing and includes band launches, cooler fetes, all-inclusive fetes, public
fetes and beach/cool down fetes. Another Carnival sector is infrastructure, which
supports state and private sector Carnival events. Stages, bleachers, dressing rooms,
toilets, sound systems, lighting, inter alia are included in the infrastructure
requirements for events. Support services incorporate security services/
management, advertising, fashion and health. Training and education is needed to
support all the previously mentioned sectors.
Carnival Stakeholders' Business Needs Assessment Report 2015
The Carnival Stakeholders' Business Needs Assessment Survey conducted by the
Strategy and Business Development Unit of the National Carnival Commission
(NCC) was completed in January 2015. The purpose of the research was to identify
and prioritize the areas of business training that the respondents would need in order
to develop and grow their businesses into a year-round sustainable enterprise. The
report was completed in March 2015, using the data from 157 respondents. The
largest percentage of survey respondents (54%) came from four vending associations.
The Carnival sub-sector businesses represented were Food & Beverage Vending (30
%), Mas (27 %) and Handicraft Vending (24 %); Calypso/Soca Music (16%)
Steelpan (1%) and Other (2 %)
In my humble opinion , the panorama DVDs should be more about promotion of the panorama , the steelbands and the art-form than for profit , until such time as the demand becomes sufficient to generate profits.
Therefore the pricing and availability of these products at this time should be more about promotion than about profit.
In other words , as investments in the culture and the art-form .
The art form , as far as the steelbands themselves are concerned , ( not the pan) are still in the growth stage worldwide , and this should be reflected in the availability of products to promote the art-form , at reasonable prices.
I think that some of us are in too much of a hurry to "reap the harvest before the crop is fully matured" , and as a result I think that panorama DVDs, compared to other similar products, are currently priced to encourage piracy , not for promotion, especially when we accept the fact that audio and video piracy is a reality of the era in which we live.
''Glen. You made a Lot of Sense with this Post. There really is no Big Market Worldwide for Panorama DVDs. The Little Kakada that is generated through these Sales barely covers Production. This is not a Taylor Swift Project. I would really like the Composers to get their just due, but there is not much to go around.
Glenroy,
Your analysis should resonate in all the Panyards in the Mecca, this is what I’m trying to say “this crop is not fully mature.” I go back and listen to how the pioneers spoke about their inventions, Bertie Marshall made this point in summing up where they were in 50s, “we know we had something” in TASPO days pan sounded different. The innovators continued their work, challenging themselves to make it better.
We have to return to that kind of thinking in the Panyards. The leadership (management) has to plant the seeds for that kind of growth among the younger members, from their musical compositions, steel band arrangements, steel band art-works, recording and selling videos of their band performances. I’m reminded of how the hip-hop genre started with the underground mixed tapes. As we look towards what’s happening in the global market-place, individual steel bands need to take initiative and become self-promoters.
Here’s what I find ironic, in this age of globalization for easy access and availability, I should be able to go online and purchase a Panorama DVD from Pantrinbago website, all it takes is for PT to set-up a paypal account and I as a consumer should be able to make the purchase without any complication. The paypal application will also enable the account holder to track sales, do billing and many other accounting procedures that saves you a lot of time compared to the manual process. A good example is on this site, very easy access to purchase steel band products.
ODW, I think we're of like minds , since most of the stuff we've posted on the web over the years have been to expose and promote the culture to the wider world, not for profit.
Unfortunately, many do not see the issue in the same way.
ODW and Glenroy,
While I think both of you are correct regarding the promotional value of these items, my views are tempered by the knowledge that there are people whose income, sometimes their only income, is from pan. Many of these people are struggling financially. While it is easy to say "give your stuff away to get more business and make more in the future", that may be difficult for someone who is worrying about paying next month's rent to comprehend. Since I am not in that position myself, I am careful about suggesting such moves to others.
Also there are often perceptions, sometimes correct, often incorrect, that someone else is getting rich because of your unpaid or underpaid efforts. Again, these perceptions are often held by those who are struggling.
Early on, I thought that Panorama would be a better event if it was like amateur sports, where it would be illegal for any player to be paid, by the band, the event sponsor, anyone, as a consideration for playing. But I came to realize that many players badly need the money they make, at the minimum to pay their costs to participate in the competition (transport, etc.) but sometimes to pay their living expenses. It would be very unfair for me (not dependent on pan for income) to suggest that others give up the income they depend on for part of their daily survival.
WIADCA produced the DVD's at a loss for some years until they got into financial difficulties themselves.
I agree ODW, it is sad that Googling "Trinidad Panorama 2015 DVD" and clicking on "Shopping" comes up blank. That is a serious issue.
My point is that we seem to expect a market for steelband products to be created by magic , or as we say in Trini, " jes so".
I think that whether we are talking about reexamining the role of the steelband in Carnival, or the eventual marketing of DVDs, it would involve an initial investment , seed money if you will.
I am not talking about payment for players., I'm simply saying that the steelband organization should consider the DVDs as an expense for promotion of the product, not as a profit maker, until the market is established.
Current pricing of panorama DVDs make them uncompetitive in the real world with similar entertainment products among casual fans, and encourages piracy.
Same sh*t, different year. And the same band leaders taking their bands to Panorama next year. Ho Hum!!!!!!! That's the brightest light I could shine on it and my batteries are running low.
If you read the Panorama rules, there is a clause in the rules that gives Pan Trinbago the right to record the events and sell the recordings. There is also a clause that says something to the effect that they will negotiate with the performing bands concerning payment for the recordings. Each bandleader signs a page agreeing to the rules as a condition to performing. By signing that page, they have essentially signed away what ever rights they had as performers.
The composers of the music are entitled to "mechanical" royalties, generally collected in Trinidad by COTT, also to performance payments, also collected by COTT. You'd have to ask COTT or Pan Trinbago how much they paid, if they will tell you. The composers, if members of COTT, should get a statement on how much they received.
It is unlikely that the CD's and DVD's make any significant money, they have been heavily pirated, and they are expensive to produce. Pirates pay no royalties at all. In any event, the money from CD and DVD sales is small, when compared to the appearance fees, prizes, and other support the bands receive.
There is no longer any recording of the New York panorama, WIADCA was so heavily pirated and sold so few DVD's that it was costing them far more to produce them than they received in sales.
If this reply appears twice, I apologize. My internet connection appears to have broken while I was preparing it.
They may have agreed to have their performances taped and sold but the royalties should be still collected and shared.
They may not have sold many CDs or DVDs but you never know. These things have a way of changing for whatever reason.
The royalties however small should still be collected and disbursed.
If for some reason even one piece of a CD makes a hit and sells millions..... just saying.
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