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Short Title and Commencement

1.—(1) This Act may be cited as the Copyright (Amendment) Act, 2000.

(2) This Act shall come into effect on a date to be prescribed by the Minister by Order published in the Gazette.

Amendment of Section 2

2. Section 2 of the Copyright Act, 1995 (in this Act referred to as “the principal Act”) is amended by inserting, in their appropriate alphabetical position, the following definitions:

“communication to the public” is the transmission by wire or wireless means, of the images or sounds, or both, of a work, a performance or a sound recording in such a way that the images or sounds can be perceived by persons outside the normal circle of a family and its closest social acquaintances at a place or places so distant from the place where the transmission originates that, without the transmission, the images or sounds would not be perceivable and further, irrespective of whether the person can receive the images or sounds at the same place and time, or at different places or times.

“owner of rights” means a legal or natural person who owns the rights to a work;

“Registrar” means the Registrar of Companies and Intellectual Property.”.

Amendment of Section 8

3. Section 8 of the principal Act is amended by inserting the following new subsection:

“(9) The provisions of this Act shall also apply to works that are eligible for protection in Saint Lucia by virtue of and in accordance with any international convention or other international agreement to which Saint Lucia is party.”.

Substitution of Section 9

4. Section 9 of the principal Act is repealed and the following section is substituted:

“Nature of Copyright

9.—(1) Subject to the provisions of this Act, the owner of copyright shall have the exclusive right to do, authorize, or prohibit the following acts in relation to the work:

(a)

reproduction of the work;

(b)

translation of the work;

(c)

adaptation, arrangement or other transformation of the work;

(d)

the first public distribution of the original and each copy of the work by sale, rental or otherwise;

(e)

rental or public lending of the original or a copy of an audiovisual work, a work embodied in a sound recording, a computer programme, a data base or a musical work in the form of notation, irrespective of the ownership of the original or copy concerned;

(f)

importation of copies of the work, even where the imported copies were made with the authorization of the owner of copyright;

(g)

public display of the original or a copy of the work;

(h)

public performance of the work;

(i)

broadcasting of the work;

(j)

communication to the public of the work.

(2)

The rights of rental and lending under paragraph (e) of subsection (1) do not apply—

(a)

to rental or lending of computer programmes where the programme itself is not the essential object of the rental or lending; or

(b)

to cinematographic works, unless such commercial rental has led to widespread copying of such works materially impairing the exclusive right of production.

(3)

The onus of proving that widespread copying of a cinematographic work has materially impaired the exclusive right of production under this section rests upon the person who alleges that such is the case.”.

Insertion of Part VII A

5. After Part VII of the principal Act the following part is inserted:

“Part VII A Collective Societies

Collective Societies to be Registered

109A.—(1) No person or association of persons shall, after the coming into force of this Act, commence or carry on the business of issuing or granting licences in respect of any work in which copyright or related rights subsists or in respect of any other rights conferred by this Act except in accordance with the registration granted under subsection (3):

(2) Notwithstanding subsection (1)—

(a)

the owner of copyright or related rights shall, in his or her individual capacity, continue to have the right to grant licences in respect of his or her own works consistent with his or her obligation as a member of a collective society; and

(b)

a collective society functioning immediately before the coming into force of this Act shall be deemed to be a collective society for the purposes of this Act and every such society shall get itself registered within a period of one year from the date of commencement of this Act.

(3)

Any association of persons who fulfils such conditions as may be prescribed may apply for permission to do the business specified in sub-section (1) to the Registrar.

(4)

The Registrar may, having regard to the interests of authors and other owners of rights under this Act, the interest and convenience of the public and the ability and professional competence of the applicants, register such association of persons as a collective society subject to such conditions as may be prescribed.

(5)

The Registrar shall not ordinarily register more than one collective society to do business in respect of the same class of works.

(6)

The Registrar may, if it is satisfied that a collective society is being managed in a manner detrimental to the interests of the owners of right concerned, cancel the registration of the society after such inquiry as may be prescribed.

(7)

If the Registrar is of the opinion that in the interest of the owners of rights concerned, it is necessary so to do, it may, by order, suspend the registration of a society pending inquiry for a period not exceeding one year as may be specified in the order and the Registrar shall appoint an administrator to discharge the functions of the collective society.

(8)

In the exercise of his or her functions under this section the Registrar shall act after consultation with the Minister.

Administration of Rights by Collective Society 109B.—(1) Subject to such conditions as may be prescribed—

(a)

a collective society may accept from an owner of rights exclusive authorisation to administer any right in any work by issue of licences or collection of licence fees or both; and

(b)

an owner of rights shall have the right to withdraw such authorisation without prejudice to the rights of the collective society under any contract.

(2) A collective society shall be competent—

(a)

to enter into agreement with any foreign society or organisation administering rights corresponding to rights under this Act;

(b)

to entrust to such foreign society or organisation the administration in any foreign country of rights administered by the said copyright society in Saint Lucia; or

(c)

for administering in Saint Lucia the rights administered in a foreign country by such foreign society or organisation.

(3)

Subject to such conditions as may be prescribed, a copyright society may—

(a)

issue licences in respect of any rights under this Act;

(b)

collect fees in pursuance of such licences;

(c)

distribute such fees among owners of rights after making deductions for its own expenses;