Q: I have a personal Instagram and a business Instagram. There are less songs available for use on my business Instagram. Why?

A: Instagram works with rights holders to secure mechanical and sync licences. Some licences will be for non-commercial use only, which means Instagram cannot allow you to use them on your business account because this is beyond the scope of the licence.

Q: Sometimes YouTube shows me a video that says, ‘not available in my region’. Why?

A: Copyright, like all intellectual property rights, is territorial. This means licences can be entered into for some countries, but not others. This is also why the Netflix catalogue we have access to is different from what is available in the UK or Asia, for example. Works can be ‘geo-blocked’ based on how the licensing is structured.

Q: Do I need a copyright licence if I am advertising a fete on social media and I am using the song of an artist who will be performing?

A: Yes, you do. Once you are using a copyright protected work, you need to seek a licence. This type of use will require a sync and mechanical licence for the advertisement. You need to make sure you seek the licence from the correct entity as the performer may not be the copyright owner. Note, even though the song may be available on a personal Instagram account, this type of use will be outside the scope of Instagram's licensing.

Q: I am a DJ. I create my own mixes. Do I need a licence for this?

A: Yes, you do. You need a master licence and a sync licence if the mix is uploaded as part of an audiovisual work. If you are performing the mix live, you or the venue will also need a public performance licence.

Q: I am a DJ on a truck for Carnival. Am I responsible for getting the copyright licence? Is this even enforced?

A: The responsibility for obtaining the licence depends on your contract with the band. Some bands may get the licence for all of their DJs, whereas others will say that the DJ is responsible for this. Regarding enforcement, trucks have had to shut off their speakers in the past for failing to obtain the required licences, much to the ire of masqueraders.

Q: I was told that I only need to take a licence from COTT or TTCO. Is this true?

A: No. This is not a ‘one or the other’ situation. Your licence needs depend on what you will be doing, and what rights are represented by each organisation. For the avoidance of doubt, you can request a catalogue from the organisation to ensure that they hold the rights for the music that you will be playing. In many instances you may required licences from both entities as they represent different types of rights - authorial rights versus neighbouring rights, namely performers' rights.

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