Working without contracts costing artists, warns COSCAP

Chief Executive Officer of the Copyright Society of Composers, Authors and Publishers (COSCAP) Dr Erica Smith is warning that regional artists continue to suffer financially and legally due to widespread reliance on verbal agreements and poor understanding of copyright management.

Speaking to Barbados TODAY in the aftermath of CARIFESTA XV, Smith said that while Barbadian and Caribbean creatives have earned acclaim both regionally and internationally, they remain at a disadvantage when it comes to recognition and fair compensation.

“From a copyright society perspective, of course, you know we have the constant struggle of a high resistance to paying for copyright licences,” said the COSCAP CEO.

“We also have some challenges with the legislation across the region, which requires some amendments and updating…of course, you know, you have to rely on the legislation to enforce your rights.”

Smith also pointed to a deeper issue: the lack of formal contracts and business literacy in the creative sector.

“We have the issues of the continued high level of informality in the sector, where there’s still a limited use of written agreements and or poorly written agreements and a general lack of understanding of how the business of music really works, and how copyright is commercialised and effectively managed,” she said.

She noted that verbal deals often lead to confusion and conflict, leaving artists vulnerable when it comes to ownership and payment.

“You’re talking about intangible rights, copyright, or other forms of intellectual property… the transfer and use of these rights should be evidenced in writing. But if you have just some verbal agreements and there’s a lack of clarity, [then] far too often problems will arise at some point, especially around ownership.”

According to Smith, these issues are not new. “This has been a problem, as you may know from the days of Bob Marley or even earlier, and it continues to plague the region. So then, from the copyright society perspective, you have a lot of issues with conflicts of ownership.”

She added that artists themselves must also take some responsibility for understanding the basics of the industry.

“The argument is [often] made that the creator should be able to focus on creating and leave the business and management side to a professional. Unfortunately, access to professionals is limited, and I think the artists should at least assume some responsibility for, at a minimum, a basic understanding of the business of music,” she said.

Until creatives embrace stronger contractual practices and a deeper understanding of copyright management, Smith warned, they will continue to face challenges in protecting their work and earning fairly from their talent.

shamarblunt@barbadostoday.bb