Collective Management Organisations in St. Kitts and Nevis
Pursuant to the Copyright Act No. 14 of 2024, the Copyright (Collective Management Organisations) Regulations were officially adopted in December 2024. These Regulations set out how Collective Management Organisations (CMOs) in St. Kitts and Nevis should operate and establishes a framework for the Intellectual Property Office of St. Kitts and Nevis.
View or Download Collective Management Organizations Regulations
What Is a Collective Management Organisation?
A CMO is a non-profit body that manages copyright and related rights on behalf of their members who are creators of copyright protected work such as authors, musicians, producers, performers and other copyright holders. CMOs:
- License the use of creative works (like songs, performances, or broadcasts)
- Collect license fees from users (like radio stations or event organisers)
- Distribute royalties (from the license fees) to right holders
- Promote copyright awareness and cultural development
CMOs traditionally operate by jurisdiction to manage specific rights of the creator of original work, e.g., right of public performance or the right to make copies. To ensure that they have the right to grant permission for works belonging to copyright owners outside of St. Kitts and Nevis, CMOs sign reciprocal representation agreements with foreign CMOs that manage the same type of works. These reciprocal agreements also enable a local CMO to ensure that right holders in St. Kitts and Nevis receive royalties when their works are used abroad.
How Do CMOs Work?
When someone or an entity wishes to do an act that only a copyright owner can do or authorise someone to do (e.g. play or perform their music in public), permission can be obtained through the CMO instead of having to seek permission from one or several copyright owners. That permission is called a license and the cost for the license is determined by the tariffs or fees set by the CMO.
A representative of the CMO may monitor which copyright protected work was used, or the person who sought the license may submit a list. CMOs then pool all license fees, deduct their administrative costs and then distribute the remaining funds as royalties to the copyright owners whose works were used.
Who Determines the Cost of a License?
The cost of a license is determined by the CMO according to the tariffs or fees that they set to use their members’ works. Under the CMO Regulations, Tariffs (licence fees) must be:
- Clear, fair and reasonable
- Based on research and market conditions
- Published on the CMO’s website
Are CMOS Monitored in St. Kitts and Nevis?
To operate in St. Kitts and Nevis, a CMO must be authorised by the IPOSKN and only authorised CMOs may issue copyright licences on others’ behalf. However, this does not affect a copyright holder from licensing their own work, if they are not a member of a CMO or if they have rights that have not been granted to a CMO.
Authorised CMOs will receive a certificate of authorization that is valid for no more than one year.
Each year, CMOs are inspected by the IPOSKN to ensure that they have been complying with all relevant laws. Any person who is aware of non-compliance by a CMO may report such instance to the IPOSKN by email to ipo@gov.kn
While the Office does not have the responsibility to resolve complaints, said complaints can be considered in determining if authorisation should continue. The Office may investigate, request audits or documents, and impose sanctions if necessary but it does not have the responsibility to settle disputes or complaints.
Possible sanctions include warnings, suspension, or cancellation of authorisation.
CMOs can appeal decisions to court or an international arbitration body.
What are CMO’s Responsibilities to their Members?
- The Regulations set out the responsibilities of a CMO to their Members. Some of these are to:
- Treat members fairly and equally
- Allow participation in decision-making (e.g. voting, meetings)
- Share annual financial and distribution policies
- Avoid unnecessary or disproportionate obligations on members
- Communicate electronically if requested
How Should CMO and Users (Licensees) Behave To Each Other?
Users of copyrighted works (e.g. broadcasters, event organisers, venues) have a responsibility to acquire copyright licenses. Their responsibilities include:
- Obtaining the relevant licences from authorised CMOs
- Providing accurate usage reports and cooperate with the CMO
- Pay licensing fees based on published tariffs
CMOs must treat users fairly, explain license terms clearly, and give written reasons if a license is refused.
What if I Have a Complaint About a CMO in St. Kitts and Nevis?
The IPOSKN can consider reports from the public about possible violations of the Regulations and is empowered to take enforcement measures when required. While these reports can influence whether authorisation is granted, please note that the IPOSKN is not statutorily required to adjudicate or resolve complaints.
When submitting a concern or complaint, please include the following details:
- The name of the CMO that you believe has not complied with the Regulations
- Your name and connection or relationship with that organization
- A clear explanation of your concern, outlining which Regulation may have been breached (if known) and when
- Copies of any relevant correspondence
- Any contracts, agreements, or terms and conditions linked to the matter
- Other supporting documentation or evidence.
Reports or complaints may be sent in any of the following ways:
- Via email to ipo@gov.kn with “CMO Complaint” in the subject line
- Hand delivered to the IPOSKN Office
- Via post to Intellectual Property Office of St. Kitts and Nevis, PO Box 693, Basseterre, St. Kitts
Before contacting the IPO about a CMO’s conduct, you are encouraged to first use any complaints process that the organization may have, which includes the option of independent alternative dispute resolution.
How to Become an Authorised CMO
A not-for profit entity who wishes to receive authorisation to operate in St. Kitts and Nevis as a CMO must first apply to the IPOSKN in writing to request authorisation. Along with the request, the entity must clearly outline and provide evidence that:
- Identifies the class of rights to be administered, subject matter to be administered and list of existing members
- Provides evidence substantiating that the collective management organisation has a substantial catalogue of rights
- Provides of clear, objective and non-discriminatory criteria for the purpose of determining membership
- Verifies company registration and any other required business licences
- Demonstrates that all relevant documents and procedures governing the collective management organisation comply with the relevant laws and regulations applicable to collective management organisations
- Where possible, demonstrate membership or affiliation with an international umbrella organisation that covers the same type of subject matter and rights that are being administered
- Outlines the organizational structure of the proposed CMO and the names and country of residence of the individuals who hold the positions at the time of application
- Provides the address and contact information for the CMO
- Provides the name(s) and contact information of any person(s) resident in St. Kitts and Nevis authorized to receive correspondence and make representations on behalf of the CMO
Please note that the IPOSKN may request additional information. This information should be submitted to the IPOSKN in hard copy with a digital copy sent to ipo@gov.kn.