11/08/2024
Open Letter from Kirkland H. Bodie, aka K.B.
To: All Artists, Bands, Promoters, and Talent Buyers in The Bahamas
Subject: A Call for Respect and Fair Use of Intellectual Property
Dear Colleagues,
I write to you today with a deep sense of both concern and hope. As many of you are aware, a significant amendment to our Copyright Law has recently been passed in the House of Assembly. I want to commend all those involved in pushing this crucial legislation forward. It represents a positive step toward protecting the rights of creators in our industry—a protection that has long been overdue.
While many view this as a sign of our industry's evolution, I have sat back and watched my personal catalog of music being used, and frankly, abused against me. My intellectual property—songs I have written, co-written, produced, or performed—has been repeatedly used at various venues, clubs, and events by artists and bands who have not sought or received my permission to do so. This misuse is disheartening, and it is happening far too often.
Let me be clear: I am not referring to songs I have written and produced for other artists. I am specifically addressing the use of my own works—songs that I have created for myself. There is no one, and I mean no one, who has the right to perform my music without my explicit permission. Yet, this unauthorized usage continues, with artists performing my songs at regattas, homecomings, and other events across this beautiful country that I love. I am, quite frankly, being robbed in broad daylight.
I want to stress that every time my song is played, someone is getting paid. But I can't understand why that person is not me—the creator of the content. To be fair, I have given one-time permissions in the past to certain artists and promoters who have approached me with respect and integrity. I respected their honesty and their commitment to doing things the right way. However, this has been the exception, not the rule.
Think about it—every time you buy a Big Mac, McDonald's gets paid for that sandwich. We honor that transaction without question. No other entity in The Bahamas is out there selling you a Big Mac; they sell you their own version of a hamburger or cheeseburger. So, can someone explain to me why talent buyers are hiring people to sing my content without my permission? Just as a lease is needed for property, permission is required from the rights holders of intellectual property—especially when my content is being used by another artist or bands to compete against me for the same opportunities.
I want to make it clear: As of now, I am not giving any artist authorization to perform my content. If you see my songs on someone else’s set list, understand that I did not clear it.
The newly amended Copyright Law is supposed to protect creators like me from this kind of exploitation. According to Section 9 of the Copyright Bill, 2024, "The right of the copyright owner to perform the work or authorize the performance of the work shall not be infringed by any person without the express permission of the copyright owner." This is the law now, and it is meant to safeguard the rights of creators from unauthorized use of their work.
I urge all of you—artists, bands, promoters, and talent buyers alike—to familiarize yourselves with the details of the new Copyright Law. Understand the implications of using someone else’s intellectual property without proper authorization. We must respect each other’s work if we are to build a sustainable and thriving creative industry in The Bahamas.
Thank you for your time and attention to this matter. Let's work together to ensure that our industry grows in a way that honors the rights and contributions of every creator.
Wishing you all a peaceful and productive Sunday.
Sincerely,
Kirkland H. Bodie, aka K.B.
