FAQs
Membership
COTT monitors the use of music, issue licenses, collects license fees and distributes such fees as royalties. We also provide other member benefits such as online registrations, direct deposits, and e-statements.
COTT tries not to get involved with disputes among its members. If you and another writer disagree on the ownership percentage of a registered work, we advise that you seek assistance from an independent third-party alternative dispute resolution facilitator such as WIPO Mediation for Copyright Disputes. Further information on the process can be found here.
NB: When working with co-writers, it is best to have a clear written agreement that states the nature of your collaboration.
If COTT is notified of a dispute among members, or involving members of an affiliated society, COTT will, on being satisfied that the claim giving rise to the dispute is not trivial or vexatious and is supported by prima facie documentary evidence place any royalties generated in suspense for a period of two (2) years.
When COTT is notified that the dispute has been resolved, the royalties generated shall be distributed according to the terms of settlement, providing those terms do not conflict with COTT’s distribution rules.
If legal action is not initiated within this 2-year period or if the dispute is not otherwise settled within this 2-year period, COTT may, at its option, remove the royalties from suspense and make a distribution according to the allocation of the shares prior to the date that the dispute arose.
NB: COTT does not offer mediation services where members are in dispute as to copyright ownership or alleged copyright infringement.
When a COTT member passes, their successor can continue to collect their royalty earnings once the works are active. A COTT member could choose whom to pass the ownership of his/her rights to in the event of his/her death. Ownership can be passed to an heir or to a third party via a will.
The next of kin/ family member will be required to provide us with letters of administration naming said individual as the legal party entitled to royalties. Once the organisation has been notified and the relevant information provided, our database will be updated to reflect the new rightsholder as a “Successor Member” and any earnings generated will be distributed to them.
When you’ve co- written a song it’s a good idea to have a formal written agreement that talks about the share of copyright you each take. Ideally you work it out song by song, as it probably won’t be the same for all songs. You’ll need to do this prior to registering the song with COTT.
When your works appear in our Distribution logs you may be entitled to royalties. Royalties are paid according to our Distribution Schedule. Only amounts over TT$100.00 or US$100.00 are paid.
IPI is the acronym for Interested Parties Information. An IPI is a unique 9 to 11-digit number assigned to copyright holders who are members of collective societies. This number remains with you throughout your lifetime, even if you join another collecting society or transfer your membership. Should you require your IPI number, please do not hesitate to contact us.
When you become a copyright member of COTT, you will be assigned an IPI number. You can find your IPI number within the acknowledgement email you receive from COTT once you’ve become a member.
When you join COTT you transfer to us certain rights in your musical works and sound recordings to administer on your behalf. These include the performing right; the right of reproduction; the right of first public distribution; the right of importation and the right of remuneration for private copying.
Organisations such as COTT exist to manage these rights on your behalf and make sure you get paid when your musical works and sound recordings are used anywhere in the world.
- If a member is dissatisfied with the information, explanation or response received from an officer of the organisation, he/she can ask that the matter is referred to the Chief Executive Officer. The Chief Executive Officer will then respond to the member within 14 working days.
- If the member remains dissatisfied, he/she may – by letter (including email) addressed to the Chief Executive Officer – require the complaint to be dealt with by COTT’s Board of Directors.
- The letter will be responded to by the President of the Board within 7 working days and will provide an estimate of the time required to deal with the complaint. The Board will consider the complaint and take whatever action it considers appropriate in the circumstances. The member will be properly advised of the Board’s decision and actions.
Copyright
Copyright is a form of protection regulated by statute [Copyright Act of Trinidad and Tobago ] which gives the creator of an original work (e.g., a song or a piece of music) exclusive rights to its use and distribution. These rights include the ability adapt, publicly display and make the work available to the public. Copyright covers both published and un-published works.
Literary and artistic works are protected under copyright laws as soon as the work has been created and fixed in a tangible medium of expression, irrespective of their content, quality, and purpose.
In Trinidad and Tobago official registration is not required for protection. Under the Copyright Act, both musical and literary works are automatically protected from the time they are created and recorded in a tangible form.
There is no standard method of proving that one work was in existence before another. However, there are suggested ways to help prove that the work was created on a specific date:
- Poor man’s copyright – This is the practice of sending a copy of your own work to yourself by registered mail and leaving the envelope unopened and stored in a safe place together with the receipt from the post office.
- Deposit a copy in a safety deposit box at a bank.
- Deposit a copy with an Attorney-at-law. Legal fees are likely to be incurred for this service.
Copyright in original works lasts for a period ending 50 years from the end of the calendar year in which the author dies. In the case of a work of joint authorship, copyright shall be protected during the life of the last surviving author and for fifty years after his death.
Neighbouring Rights
Copyright and neighboring rights are distinct in the categories of individuals they protect. Copyright protects works of authors and/or composers, whereas neighbouring rights are rights granted to persons who may not have been the original creator of a piece of work but they play a pivotal role in allowing the work to be enjoyed; such as the performers and the producers of the sound recording.
E.g., In the case of a musical composition, copyright protects the music of the composer and the words of the writer, whereas neighbouring rights protects: –
- the performances of the singers and musicians who perform the song;
- the sound recording of the producer that embodies the song; and
- the broadcaster that produces the program in which the song is performed.
As a COTT Writer member, you may also qualify for membership as a performer or master rights owner/producer.
Have you performed on commercially released tracks, or do you produce or own your masters?
If so, you should apply for Neighbouring rights.
- For Performances – from the date of the performance until the end of the 50th calendar year following the year of the performance.
- For Sound Recordings – from the date of publication of the sound recording until the end of the 50th calendar year following the year of publication or,
if the sound recording has not been published, from the date of fixation of the sound recording until the end of the 50th calendar year following the year of fixation.
In Trinidad and Tobago, there exist several Collective Management Organisations (CMOs) that represent a diverse range of rights and rights holders. It is the responsibility of music users to ascertain the appropriate CMO from which they should obtain authorisation for the use of musical works and sound recordings. Music users must diligently seek permission from the organisation that represents the owners of the music they intend to utilise.
The Copyright Music Organisation of Trinidad and Tobago (COTT) stands as the sole entity within T&T that has forged an agreement with the International Federation of the Phonographic Industry (IFPI). In addition, COTT has the exclusive mandate to represent the rights of internationally renowned publishers, Universal Music Group (UMG), Sony Music Entertainment (SME), and Warner Music Group (WMG) in T&T.
IFPI is the global voice of the recording industry, representing the interests of approximately 8,000 members, including major music companies such as Universal Music Group, Sony Music Entertainment, and Warner Music Group, as well as national and international members and affiliated entities. IFPI’s primary mission is to promote the commercial and cultural significance of recorded music worldwide while safeguarding the intellectual property rights of its members. Through collaboration with governments, partner organisations, and individuals, IFPI strives to foster a conducive environment for music as both a business and a cultural expression.
Music Licensing
COTT’s purpose is to simplify the lawful use of music. If every music user had to negotiate a license with every copyright owner, it would be prohibitively expensive and time-consuming, potentially rendering it impractical. For a reasonable fee, COTT grants licenses to music users, enabling immediate and legal access to a vast repertoire of works.
If you are hosting a private party and plan to play copyrighted music or show copyrighted music videos at the event, it is possible that you may require a copyright license. This is particularly relevant if you are charging admission, or if the event is being held at a venue that mandates a license for public performance of copyrighted material.
On the other hand, if the party is “truly private” (i.e. only for friends and family) and you are not charging admission, you may not need a copyright license. Nevertheless, it is always advisable to consult COTT to ensure full compliance with copyright laws.
There are different laws for different areas. The Copyright Act protects the economic interests of the creators of artistic works. Its main principle is that no entity, especially commercial enterprises, should exploit another’s property without due compensation.
All songs are naturally copyright protected by the nature of how copyrights work. This extends further than just the musical work but also the sound recording. Under the law it is the duty of the music user to make sure that the music, whether local or international that you play, do not infringe copyright. If you have any doubts or concerns regarding the copyright status of a particular song, please do not hesitate to contact us for assistance.
Reproducing and distributing copyrighted music without the explicit consent of the copyright holder is a violation of the law.
Whether the public performance is conducted in person or through mechanical means such as radios, televisions, stereo players, juke boxes, videos or karaoke machines, holds no bearing on the requirement for a COTT license. In all these scenarios, a COTT license is indispensable.
The artistes’ fees remunerate their in-person appearance. Their fee does not cover the authors’ creative works or the right to perform the authors’ works. The artiste and the author are two distinct legal entities even if they are the same person. Both the artiste and the author are entitled to compensation: the author is entitled to a royalty, and the artist is entitled to an appearance fee.
In the absence of a valid COTT license, engaging in public performances, manufacturing, or importing sound recordings, films, or videos that reproduce copyrighted works belonging to COTT may result in civil or criminal action for copyright infringement. Potential remedies include the awarding of damages, legal costs, a fine of TT$250,000 and imprisonment up to 10 years.
Yes; as long as you use copyright protected works, you will need a licence.
It is important to note that ownership of the physical CD does not automatically confer the right of public performance. This right remains solely with the copyright holder. Consequently, obtaining a COTT license is still necessary in such circumstances.
Royalty Distribution
Distribution of royalties is determined by the Notification of Works [NOW] or Notification of Recordings [NOR] forms submitted to COTT upon registration of the musical work or sound recordings.
The shares in a song are considered as a single unit and must collectively amount to 100%. Both Performance and Mechanical/Reproduction royalties shared between rightsholders must total 100%.
COTT shall seek to ensure, as far as possible that the licence fees received from each music user are paid directly to the works performed or transmitted by that user. COTT would therefore employ several distribution methods to achieve this.
- Direct allocation – licence fees from an individual licensee are distributed, usually on a 100% (census) analysis, to the music used and reported to COTT for events with a gross licence fee of TT$5,000.00 or more.
- Sample analysis – licence fees received from similar music users are pooled and distributed using a sample analysis of their programme returns.
- Sample/direct allocation – licence fees paid by a single licensee are allocated directly to the musical works used by that licensee; based on a sample analysis of the programme returns.
- Distribution by analogy – licence fees are added to an existing distribution pool that is most similar in terms of its music content.
COTT issues licences to various music users. The revenue classification is determined by the specific usage of music.
LOCAL REVENUE SOURCES
- Broadcast: All revenue from terrestrial radio, television, cable, and satellite broadcasters.
- Live Events: All revenue from live events in respect of which the licence fee per event exceeds TT$5,000.00.
- Carnival (Festivals): All revenue from events happening during the period starting on Boxing Day and concluding on Ash Wednesday.
- General: All revenue from premises, Disc Jockeys, Carnival, and live events where the licence fee is less than TT$5,000.00.
- Online: All revenue from licenced online music services.
FORGIEN REVENUE SOURCES:
- Foreign Receipts: Performance Royalties received from affiliated societies.
Royalties received from affiliated societies will be distributed to members biannually upon receipt. Royalties received are distributed according to the data provided by the society.
Disputes
MEDIATION
Mediation is an informal consensual process in which the mediator assists the parties in reaching a settlement of their dispute, based on the parties’ respective interests.
Mediation can be used in copyright- and content-related matters, for example:
- If you are negotiating a contract with another party (e.g., a copyright license)
- If you discover an infringement of your rights
- If you discover that you may have infringed other parties’ rights, and you are interested in regularising this situation
- If you are involved in a dispute with another party, even if the dispute has already been referred to the courts, you can invite the other party to use mediation to resolve the dispute in a confidential and time- and cost-efficient manner; or
- Any other commercial dispute related to your copyright.
Internacional Royalties
We have agreements with 62+ societies in various countries across the globe who collect royalties on COTT’s behalf for performances outside of Trinidad and Tobago. If the event was licensed, the licence fees have been paid and your performed works have been featured in a distribution, you can generate royalties.
Keep in mind that reporting a live international performance does not guarantee royalty payment, and processing times may vary. The rules, regulations, and policies of each society differ by country, and not all live performances are eligible for performance royalties.
When touring internationally, you will likely be asked to complete a set list by the event organiser or a representative of the society operating in that territory. It is in your best interest to complete this request accurately and promptly.
Most societies base their distributions on a sample. That means, royalties are not paid on all performances. Radio stations are surveyed for a certain period and royalties are paid based on the works which appear on the survey. If your song falls within the distribution sample, you may generate royalties.
Internacional Sound Recording Code [ISRC]
COTT is the National Agency for Trinidad and Tobago and is the only entity in T&T that can issue TTISRCs. As the national agency, COTT will provide applicants (Master Rights Owners) with their Registrant Codes from which the ISRCs can be generated by the applicants themselves and subsequently embedded into audio/video recordings.
Reproduction and Synchronisation
Yes. You will need to obtain a licence from COTT if you want to make a recording of a song composed by another writer. Find out more about our Reproduction Licence.
This type of license, known as a Commercial Advertising Licence, is granted to individuals or organisations seeking to incorporate COTT’s Repertoire into the production of advertisements for distribution via radio, television, cinemas, or online platforms. Obtaining permission from the copyright holders of the musical compositions and sound recordings is mandatory. Please note that this license is issued on a non-exclusive basis.
General
If you write or compose music or have contributed to the making of a sound recording as a performer or a producer, you may be eligible to join COTT.
You can’t join if you’re a member of another overseas or local CMO. If you belong to another CMO you may need to resign from that organisation before joining ours.
Music publishers cultivate and develop songwriters and composers, handling the commercial aspects of their career. This involves substantial investments – in terms of finances, time and expertise. In return, publishers leverage the copyrights of the music and songs created by their writers to generate revenue and compensate them for their creative contributions.
If you are the owner of a music publishing company representing other writers’ catalogues, you can apply to become a Publisher member.
Yes. A licence is required if you are using international music. COTT through various reciprocal agreements administer the rights on behalf of music creators in different countries across the world.
The individual management of copyright and neighboring rights may not always be feasible.
Authors, performers, producers, and other rights holders can simplify rights management by authorising or mandating a Collective Management Organization (CMO) to handle their rights.
Authors, performers, or producers cannot contact every music user to negotiate licenses and compensation for using their musical works and sound recordings. Conversely, it is impractical for a music user to seek specific permission from each author, performer, and producer to use musical works or sound recordings. CMOs facilitate rights clearance, benefiting both parties and ensuring economic rewards for rights holders.
Typically, a CMO:
- monitors when, where and what works are used;
- negotiates tariffs and other conditions with users;
- licenses the use of protected works on behalf of its members and of other rights holders it represents;
- and collects the fees from users and distributes these to the rights holders.
