By Andrew Clunis, Freelance Writer
THE JAMAICAN government has its hands full dealing with the malignant problem of illegal squatting. Now, a couple of local entertainers are having similar problems as their territories are being invaded.
Not the property on which they live, but the domain to which they should have exclusive rights in cyberspace. Cybersquatting involves the illegal usage of another person's web domain and Jamaican artistes are being advised to be on the lookout for individuals overseas who have been squatting on their domain.
Beenie Man and Buju Banton are two artistes who have had their spaces invaded. 'Beenieman.com' is a web address that artiste's management company, Shocking Vibes Records, would like to use in establishing his personal website. But when the effort was made recently, the company found its domain was already registered by a company called Cyber Construction Inc. of New York.
It is widely believed in the industry that more artistes might have had their domains encroached upon by the same and other groups of people.
According to Patrick Roberts, Beenie Man's manager, he made contact with a Mr. Earl Thomas of a New York address who informed him that he had registered the domain and if Roberts wanted it transferred to his possession, he would have to pay.
Roberts said when he telephoned Thomas in New York, he responded that he had registered websites using the names of several dancehall and hip-hop stars. So the manager is warning local artistes to be aware and to check that their trademark performance names have not been registered as domain names.
He told Showtime that if Thomas refuses to relinquish use of the domain name, the matter would be taken to an arbitration panel to find a suitable settlement.
"We are willing to refund the money he spent to register the name, but that's it," Roberts said.
General manager of the Intellectual Property Service Centre in Jamaica ,Tony Laing, said that once Roberts is able to prove that the person using the domain name knew of Beenie Man beforehand, he could gain possession.
Registering your domain
Buju Banton has a website at www.gargamel.com. His manager, Donovan Germaine, said they have never tried to register the use of the domain, www.bujubanton.com, but he's aware that the practice of cybersquatting is widespread in the United States and that several people may be affected.
Local reggae radio station, IRIE FM, is having its share of problems. It has been trying for some time to register IRIEFM.com, but has found the domain name is owned by an individual who is not into radio or any form of entertainment and wants to be paid for the space.
"Our CEO has been in discussions with them but it's been taking a while. We are trying to find a way to get them off without having to pay an arm and a leg," said general manager Junior Chung.
Registration fee for a domain name is US$70, but sources say there have been cases where people have asked for as much as US$5,000 to release a space.
Entertainment attorney LLoyd Stanbury told Showtime he has not fully studied the laws which govern issues like domain name usage on the Internet, but said he would think that the same principles which apply to trademark would be used.
"I have encountered the problem myself. I tried to register my entertainment company's domain name and found that it was being used by somebody in Barbados. People have just gone and registered site names and have made a lot of money from this.
"People should be asked to prove the business they are in before being allowed to register a particular name. There has been great concern by WIPO (World Intellectual Property Organisation) and they are looking deeply into the matter," he explained.
The domain name, www.whatever.com, is registrable in the United States of America. So although www.beenieman.com has been used, he could still register with the suffixes .net (also in the US), .com.jm (in Jamaica) or .co.uk. in Britain. The problem is, .com has been the most widely used and accepted of these and is seen as an international standard.
