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FINAL - ED's presentation - CARICOM Copyright Seminar June 21-22, 2017

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Broadcasting Commission

on 20 June 2017

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Transcript of FINAL - ED's presentation - CARICOM Copyright Seminar June 21-22, 2017

The Jamaican Cable Market
Progress & Challenges in Reducing
Video Content
Signal Piracy
&
Cordel Green
Executive Director
Regional Consultation on Broadcast Licensing
Kingston, Jamaica
June 21-22, 2017
- 49 Cable Operators;
- 3 major/potential cable players (Flow; Digicel & ReadyTV);
- 2 national broadcast TV stations operational (TVJ & CVM);
-Unregulated OTTs and IPPs.

The Jamaican Cable Market
The largest number of cable operators are: small/community-based providers serving particularly disenfranchised communities in remote areas;
Most are not profitable;
Standard licence condition - conformity with laws of Jamaica (including Copyright Act).
Enforcement Actions
Post-Directive Actions
-Facilitation of dialogue between cable operators and local collective rights societies;

-Sustained push for regional and bilateral engagements with US stakeholders on the new ecosystem and need for reform to the content licensing regime [as a precursor to further directives];

-Public education (online & traditional media) on copyright ecosystem for content on cable and television.


Challenges
Challenges
Options
Option # 1
Inclusion of Jamaica/Caribbean in US Territory/English Language Distribution Agreements
Option # 2
Simplified Licensing Arrangements
e.g. Collective Licensing
A blanket licence is offered by several owners whose content is to be used allowing the user to pay a single licence fee to an intermediary (usually a collective management organization or CMO) who then distributes the revenue from the fee to the various copyright owners.
Option # 3
Simplified Licensing Arrangements
e.g. Extended Collective Licensing
Under collective licensing arrangements the CMOs provide licenses for the use of the works of their members. In Extended Collective Licensing, CMOs to collect fees on behalf of non-Members and distribute relevant royalties to such copyright owners individually.

May require legislative amendments which can be lengthy.

Could be administered by the Association of Caribbean Copyright Societies (ACCS).
Challenges
Fragmented nature of the Jamaican market
Cable Operators complain that some licensing arrangements are onerous and do not take account of the fragmented nature of the Jamaican Cable Market, with 49 Cable Operators competing for a potential cable market of 667,000 households.
Challenges
For some channels, Caribbean authorisation is absorbed into the Latin American Market. Consequently, Jamaican viewers are obliged to receive Spanish language programmes.
The Jamaican Video Distribution Market
-On-going and biennial copyright audits;

-2015 biennial audit resulted in:
39 Notices of Breach of Licence issued;

April 24, 2015 Directive issued for the removal en masse of 19 channels, a first in the Caribbean;

By August 31, 2015 100% Compliance with directive;

Coupled with voluntary removal, the directive resulted in a 32% reduction in unlicensed channels.
Historically, Jamaicans have been a natural part of the United States market for English language information and entertainment and do not accept that they should be unable to obtain access to content because of obscure licensing rules. They are bypassing licensed/constrained providers and regulations.
---------- Forwarded message ----------
From: Yaisha Thomas <thomasyaisha@yahoo.com>
Date: Sun, Jun 4, 2017 at 11:40 AM
Subject: Re: Pro Cable breached of agreement
To: Broadcom Info <info@broadcom.org>


Good morning Mr Francis. My name is Yaisha Thomas a disgruntle customer of Pro Cable. When I signed up for your service I signed up for a specific package which happens to be the $2000 package which comprises of specific channels. As time goes by I realize that these channels are changing from the one specify in our agreement, for example TLC is now change to TLC discovery, H&H is now H&H discovery just to name a few, the most recent one MTV. All these channels brings most of its programming in Spanish. Sir I would like to see these channels and all the others return to its original channels as were in the agreement package that I signed up for. My family and I doesn't speak Spanish the last time I checked. Aren't we in a English speaking country?

Cc: Broadcasting commission

Sent from Yahoo Mail on Android
Most Recent Illustration
Solves language and access problems.
Post-Directive Actions
-Facilitation of dialogue between cable operators and local collective rights societies;

-Sustained push for regional and bilateral engagements with US stakeholders on the new ecosystem and need for reform to the content licensing regime [as a precursor to further directives];

-Public education (online & traditional media) on copyright ecosystem for content on cable and television.

Full transcript