World Intellectual Property Organization

Bahamas

Copyright Act, 1998 (CH.323) (as amended by the Copyright (Amendment) Act, Act No. 2 of 2004)

 

 


CHAPTER 323

COPYRIGHT

LIST OF AUTHORISED PAGES

1 – 2 LRO 1/2006 3 – 6 Original 7 – 8 LRO 1/2006 9 – 91 Original

ARRANGEMENT OF SECTIONS

PART I PRELIMINARY

SECTION

    Short title.

  1. Interpretation.

  2. Publication.

  3. Lawful reception of transmission.

PART II COPYRIGHT

Protected Works

    Copyright in general.

  1. Category of works of authorship.

  2. Qualification for protection: national origin.

  3. Bahamas Government works.

  4. Nature of copyright protection: economic and moral rights.

  5. Duration of copyright in works of authorship.

PART III MORAL RIGHTS AND RELATED RIGHTS

Identification with Work

  1. Right to be identified as author.

  2. Right to object to derogatory treatment of work of visual art.

Objection to Treatment of Work of Visual Art

Related Rights

  1. False attribution of work.

  2. Right to privacy of photographs.

  3. Duration of moral rights and related rights.

  4. Consent and waiver of rights.

  5. Application of provision of joint work.

  6. Application of provisions to parts of work.

PART IV OWNERSHIP AND ASSIGNMENT OF RIGHTS

Ownership of Copyright

19. Ownership of copyright.

Transfer of Copyright

  1. Transfer of copyright ownership or rights.

  2. Ownership of a copyright as distinct from ownership of material object.

  3. Exclusive licence.

  4. Copyright in unpublished copy or phonorecord passes under will.

  5. Moral rights etc. not assignable.

  6. Transmission of moral rights etc. on death.

  7. Execution of transfers of copyright ownership.

  8. Recording of transfer and other documents.

PART V COPYRIGHT NOTICE, DEPOSIT AND REGISTRATION
  1. Notice copyright visually perceptible copies.

  2. Notice copyright: phonorecords of sound recordings.

  3. Publications incorporating Bahamas Government works.

  4. Notice of copyright: contributions to collective works.

  5. Deposit of copies or phonorecords for the Department of Archives.

  6. Copyright registration in general.

  7. Application for copyright registration.

  8. Registration of claim and issuance of certificate.

  9. Registration and infringement actions.

  10. Registration not a prerequisite to actions for infringement.

PART VI INFRINGEMENT OF RIGHTS

General Provisions

  1. Meaning of action.

  2. This Part subject to other provisions.

  3. Acts infringing copyright.

Infringement of Copyright Remedies for Copyright Owner

  1. Action owner of copyright.

  2. Order for delivery up in civil proceedings.

Remedies of Exclusive Licensee

  1. Infringement of rights of exclusive licensee.

  2. Infringement where rights concurrent.

Infringement of Moral Rights and Related Rights

  1. Infringement of right to be identified as the author.

  2. Infringement of right to object to derogatory treatment of work.

  3. Infringement by possession of infringing work of visual art.

  4. Acts not infringing section 12.

  5. False attribution of work: infringement of right.

  6. Infringement of privacy right respecting photographs, etc.

  7. Effect of consent and waiver of rights.

Remedies for Infringement of Moral Rights and Related Rights

  1. Remedies for infringing moral rights, etc.

  2. Penalties in respect of dealings which infringe copyright.

  3. Order to delivery up in criminal proceedings.

Supplementary

  1. Application of provisions as to entry and search.

  2. Provision for restricting importation of infringing phonorecords or copies.

PART VII EXCEPTIONS TO INFRINGEMENT OF COPYRIGHT

Preliminary

57. Definition of “sufficient acknowledgement”.

General Exceptions

  1. Research and private study and teaching.

  2. Criticism, review and reporting.

  3. Determining fair dealing.

  4. Incidental inclusion of protected work.

Use of Work for Educational Purposes

  1. Acts done for purposes of instruction or examination.

  2. Collective works for educational use.

  3. Fixation of transmission by educational establishment.

  4. Restriction on reproduction by educational establishment.

  5. Subsequent dealings with authorized copies or phonorecords.

Exceptions affecting Libraries and Archives

  1. Interpretation of references; regulations.

  2. Distribution by librarian of copies or phonorecords of published works.

  3. Supply of copies and phonorecords to other libraries.

  4. Replacing copies of works.

  5. Reproduction of any unpublished works.

Exceptions relating to Public Administration

  1. Parliamentary and judicial proceedings and statutory inquiries.

  2. Scope of exclusive right in artistic works.

  3. Extent of exclusive rights in sound recording.

  4. Exemption of certain performances and displays.

  5. Exceptions relating to computer programs.

  6. Reading or recitation in public.

  7. Exceptions relating to architectural works.

  8. Exceptions relating to artistic works visible from a public place.

Miscellaneous Exceptions relating to Sound Recordings

  1. Compulsory licence for making distributing phonorecords.

  2. Exceptions respecting ephemeral recordings.

  3. Recording transmissions for programme control.

  4. Reception and re-transmission of broadcast in cable system.

  5. Fixation for purposes of time shifting.

  6. Power of Minister to prescribe exception to infringement.

PART VIII THE COPYRIGHT ROYALTY TRIBUNAL
  1. Establishment of Copyright Royalty Tribunal.

  2. Jurisdiction of Tribunal.

PART IX THE COPYRIGHT REGISTRY
  1. Organization and general responsibilities of the Copyright Registry.

  2. Copyright Registry regulations.

  3. Effective date of actions in Registry.

  4. Retention and disposition of articles deposited in Registry.

  5. Preparation, maintenance, public inspection and searching of Registry records.

  6. Registry’s records.

  7. Registry’s forms and publications.

  8. Registry’s fees.

  9. Reproduction for use of the blind and physically handicapped.

PART X RIGHTS IN LIVE PERFORMANCES

97. Conferment of rights in live performances.

Performer’s Rights

  1. Consent required for recording and/or live transmission of live performances.

  2. Infringement of performer’s rights by use of copy or phonorecord fixed without consent.

  3. Consent and royalty required for preparing a derivative work of the performance.

  4. Infringement of performer’s rights by importing, possessing etc. illicit copy or phonorecord.

Rights of Person Having Recording Rights

  1. Consent required for fixation of live performance subject to exclusive contract.

  2. Infringement of recording rights by use of copy or phonorecord fixed without consent.

  3. Infringement of recording rights by importing and possessing illicit recording.

Exceptions to Infringement

  1. Permitted acts in relation to performances.

  2. Fair dealing for criticism, etc.

  3. Incidental inclusion of a performance or copy or phonorecord thereof.

  4. Reproduction of transmission by educational establishment.

  5. Acts done to performance or copy or phonorecord for Parliamentary proceedings.

  6. Transfer of copy or phonorecord of performance.

  7. Recordings for supervision and control of programmes.

  8. Order excepting acts from infringing right under this Part.

Duration and Transmission of Rights in Live Performances: Consent

  1. Duration of rights in live performances.

  2. Transmission of rights in live performances.

  3. Consent.

Remedies for Infringement of Rights in Live Performances
116. Infringement actionable as breach of statutory duty.
117. Order for delivery up of illicit recordings in civil proceedings.
Offences
118. Criminal liability.
119. Order for delivery up of illicit copy or phonorecord in criminal
proceedings.
120. False representation of authority to give consent.
PART XI
GENERAL
121. Order for disposal of infringing copy or phonorecord or illicit
recording.
122. Period after which remedy of delivery up not available.
123. Time limited for prosecution.
124. Powers of members of Police Force.
125. Restrictions on the entry and search of domestic premises.
126. Obstruction of members of Police Force.
127. Offences by bodies corporate.
128. Denial of copyright or rights in performance.
129. Application to Bahamian ships and aircraft.
130. Act binds Crown.
131. Regulations.
132. Savings.
133. Transitional.

SCHEDULE.

CHAPTER 323

COPYRIGHT

An Act to make better provision in respect of copyright, to confer rights on performers and others in live performances and for matters connected therewith, and to repeal the Copyright Act, 1956 of the United Kingdom in so far as it applies to The Bahamas. 8 of 1998
[Assent 22nd May, 1998][Commencement 4th January, 2000]
PART I
PRELIMINARY
1. This Act may be cited as the Copyright Act. Short title.
2. (1) In this Act — Interpretation.
authorised work” means a work on copies or phonorecords of which no natural person isidentified as author;
appointed day” means the day appointed by the Minister pursuant to section 1;
artistic works” include two-dimensional and three-
dimensional work of fine, graphic and applied art, photographs, prints and art reproductions, maps, globes, charts, diagrams, models, architectural plans and technical drawings;
audiovisual works” means works that consist of a
series of related images which are intrinsicallyintended to be shown by the use of machines or devices such as projectors, viewers, or electronic equipment together with accompanying sounds, if any, regardless of the nature of the material objects, such as films or tapes, in which the works are embodied;
Berne Convention” means the Berne Convention for
the Protection of Literary and Artistic Works as revised at Paris on 24th July, 1971;
building” includes a fixed structure of any kind anda part of a building or fixed structure;

business” includes a trade or profession;

cable system” means a facility located in The Bahamas that in whole or in part receivestelevision broadcast signals transmitted withinThe Bahamas or outside The Bahamas, and diffuses secondary transmissions of such signals or programs by wires, cables or other communication channels to subscribingmembers of the public who pay for such service;

collective work” means a work, such as a periodical issue, anthology, or encyclopaedia, in which anumber of contributions, constituting separate and independent works in themselves areassembled into a collective whole;

compilation” means a work formed by the collectionand assembling of pre-existing materials or of data that is selected, co-ordinated or arranged in such a way that the resulting work as a whole constitutes an original work of authorship andthe terms “compilation” includes collective works;

computer-generated work” means a work generatedby a computer in circumstances such that the work has no human author;

computer program” means a set of instructions, whether expressed in words or in schematic or other form, which is capable, when incorporated in a machine-readable medium, of causing a device or machine havinginformation-processing capabilities to indicate,perform or achieve a particular function, task or result;

copies” means material objects other than phonorecords in which a work is fixed by anymethod now known or later developed, and from which the work can be perceived,reproduced or otherwise communicated either directly or with the aid of a machine or deviceand the term copies include the material object, other than a phonorecord, in which the work isfirst fixed;

copyright” means copyright conferred by Part II of this Act;

country” includes any territory;

a work is “created” when it is first fixed in a copy orphonorecord for the first time; where a work is prepared over a period of time, the portion fixed at any particular time constitutes the work as ofthat time, and where the work has been prepared in different versions, each version constitutes a separate work;

a “device”, “machine” or “process” means one now known or later developed and the term “process” includes a cable program service;

derivative work” means a work based upon one or more pre-existing works such as translation;musical arrangement, dramatization, fictionalization, motion picture version, sound recording, art reproduction, abridgement, condensation or any form in which a work may be recast; transformed or adapted and a work consisting of editorial revisions, annotation, elaborations, or other modifications, which as a whole, represent an original work of authorship;

to “display” a work means to show a copy of it, either directly or by means of a film, slide,television image, or any other device or process or, in the case of a motion picture or otheraudiovisual work, to show individual imagesnon-sequentially;

distribution” means the distribution to the public, for commercial purposes, of copies or phonorecords of a work by way of rental, lease, hire, loan or similar arrangement and “distributing” has a corresponding meaning;

dramatic work” includes material dramatic in character such as plays, dramatic scripts designed for radio or television broadcasts or a cable programme service, ballets, musical comedies and operas;

educational establishment” means any school, college or other educational body designated bythe Minister by order either specifically or byreference to a class, for the purposes of this Act;

exclusive licence” means a licence in writing signed by or on behalf of the owner of copyright by hisduly authorized agent in a work authorizing the licensee, to the exclusion of all other persons, including the person granting the licence, toexercise a right which would otherwise be exercisable exclusively by the owner of the copyright;

exclusive recording contract” means a contract between a performer and another person under which that person is entitled, to the exclusion ofall other persons, including the performer, to create copies or phonorecords of one or more of his performances with a view to their beingdisplayed or performed publicly, sold, rented or otherwise commercially exploited;

a work is “fixed” in a tangible medium of expression when its embodiment in a copy or phonorecord; by or under the authority of the author, issufficiently permanent or stable to permit it tobe perceived, reproduced or otherwise communicated for a period of more thantransitory duration; and a work consisting ofsounds, images, or both, that are beingtransmitted, is “fixed” for the purposes of thisAct if the fixation of the work is being made simultaneously with its transmission;

graphic work” includes —

(a)
any painting, drawing, map, chart or plan; and
(b)
any engraving, etching, lithograph, woodcut or similar work;

illicit recording” in relation to a live performance means a copy or phonorecord wherever made, the fixing of which constitutes an infringement of the rights conferred on the performer or a person having recording rights in relation to theperformance pursuant to Part X; and which does not fall within any of the exceptions specified inor authorized pursuant to any provision of thatPart;

the terms “including” and “such as” are illustrative and not limiting;

infringing copy or phonorecord” in relation to a protected work means —

(a)
a copy or phonorecord of the work, themaking of which is not authorized under or by virtue of any provision of this Act;
(b)
any copy or phonorecord of the work thatis or is proposed to be imported into The Bahamas and its making in The Bahamaswould constitute an infringement of copyright in the work in question or abreach of an exclusive licence agreementrelating to that work;

literary work” means works other than audiovisual works expressed in words, numbers, or other verbal or numerical symbols or indicia, regardless of the nature of the material objects such as books, periodicals, manuscripts, phonorecords, films, tapes or cards in which they are embodied;

Minister” means the Minister responsible for Copyrights;

motion pictures” means audiovisual works consisting of a series of related images, which, when shown in succession, impart an impression of motion, together with accompanying sounds, if any;

musical work” means a work consisting of music, inclusive of accompanying words intended tobe sung, spoken or performed with the music;

to “perform” a work means to recite, render, play,dance or act it, either directly or by means of any device or process or, in the case of a motion picture or other audiovisual work, to show its images in any sequence or to make the sounds accompanying it audible;

performance” in relation to the rights conferred under Part X means —

(a)
a dramatic performance,
(b)
a musical performance,
(c)
a reading or recitation of a literary work;
(d)
a choreographic performance,
(e)
a performance of a variety act or any

similar presentation, that is, or to the extent that it is, a live performance, given by one or more individuals;

performer” means any actor, singer, musician, dancer or other person who acts, sings, depicts, delivers, declaims, plays in or otherwise performs, a literary, dramatic or musical work; and references to the performer in the context ofthe person having performer’s rights, shall beconstrued to include references to the person who, pursuant to any provision of this Act, isfor the time being entitled to exercise thoserights;

person having recording rights” in relation to a performance means a person who —

(a) is a party to, and has the benefit of, an exclusive recording contract to which the performance is subject or to whom the benefit of such a contract has been assigned; and

(b) is a qualified person, so, however, that, where a performance is subject to an exclusive recording contract butthe person mentioned in paragraph (a) is not a qualified person, the expression shall be deemed to extend to any qualified person who is a citizen of The Bahamas and is licensed bythe person mentioned in paragraph (a) to reproduce copies or phonorecords of the performance with a view to their beingdisplayed or performed publicly, sold or otherwise commercially exploited or to whomthe benefit of such a licence has been assigned; phonorecord” means material objects in which sounds, other than those accompanying a motion picture or other audiovisual work, arefixed by any method now known or later developed, and from which the sound can be perceived, reproduced or otherwise communicated either directly or with the aid ofa machine or device and the term phonorecord includes the material object in which the sounds are first fixed; photograph” means the embodiment of light or other radiation in a copy from which an image is produced, perceived, or otherwise communicated either directly or with the aid of a machine or

device, and which is not part of a motion pictureor other audiovisual work;

place of public entertainment” includes anypremises which are from time to time made available for hire to such persons as may desire to hire them for purposes of publicentertainment, including premises that are occupied mainly for other purposes;

primary transmission” means a transmission madeby a transmission facility in The Bahamas oroutside The Bahamas whose signals are being received by a secondary transmission service;

a “pseudonymous” work means a work on the copies or phonorecord of which the author is identified under a fictitious name;

publication” has the meaning assigned to it by section 3;

to perform or display a work “publicly” means —

(a)
to perform or display it at a place open to the public or at any place where asubstantial number outside of a normal circle of a family and its social acquaintances is gathered; or
(b)
to transmit or otherwise communicate a performance or display of the work to aplace specified by paragraph (a) or to the public by means of any device or process, whether the section of the public capable ofreceiving the performance or displayreceive it in the same place or in separate places and at the same time or at different times;

qualified person” —

(a)
in the case of an individual, means a person who is a citizen of, or whose habitual residence or domicile is in The Bahamas, or whose habitual residence or domicile is in a foreign nation that is party to a copyright treaty to which The Bahamas isalso a party; and
(b)
in the case of a body corporate, means a body incorporated or established under anywritten law of The Bahamas or of a foreign nation that is a party to a copyright treaty to which The Bahamas is also a party;

qualifying performance” means a live performance that —

(a)
is given by an individual who is a qualified person; or
(b)
takes place in The Bahamas or in a foreign nation that is a party to a copyright treaty to which The Bahamas is also a party;

Registrar” means the person referred to in subsection (1) of section 88; registration” means a registration of a claim of copyright in a work; Registry” means the Copyright Registry referred to in subsection (5) of section 88; rental” means any arrangement under which a copy or phonorecord of a work is made available —

(a)
for payment in money or money’s worth; or
(b)
in the course of a business, as a part of services or amenities for which payment is made,

on terms that it will or may be returned; reprographic process” means a process —

(a)
for making facsimile reproductions; or
(b)
involving the use of a machine or device

for reproducing multiple copies, and, in relation to a work held in electronic form, includes any reproduction by electronicmeans, but does not include the reproduction ofcopies or phonorecords of motion pictures andother audiovisual works or sound recordingsrespectively;

secondary transmission” means the simultaneous transmission of a primary transmission unless delayed for technical reasons;

sculpture” includes a cast or model made for purposes of sculpture;

sound recording” means works that result from the fixation of a series of musical, spoken, or other sounds, but not including the sounds accompanying a motion picture or other audiovisual work, regardless of the nature of the material objects, such are disks, tapes or other phonorecords in which they are embodied;

supplementary work” for purposes of its definition in“work made for hire”, means a work prepared for publication as a secondary adjunct to a work by another author for the purpose of introducing, concluding, illustrating, explaining,revising, commenting upon or assisting in the use of the other work such as forewords, afterwords, pictorial illustrations, maps, charts, tables, editorial notes, musical arrangements, answer material for tests, bibliographies, appendixes and indexes;

to transmit” a performance or display means to communicate it by any device or processwhereby images or sound are received beyond the place from which they are sent;

a “transmission programme” means a body of material that, as an aggregate, has been produced for the sole purpose of transmission to the public in sequence and as a unit;

Tribunal” means the Copyright Royalty Tribunal established by section 86;

unauthorized” when used to describe any act done inrelation to a work, means if copyright subsists in the work, done otherwise than by or with thelicence of the owner of copyright;

Universal Copyright Convention” means the Universal Copyright Convention as revised atParis on July 24, 1971;

useful article” means an article having an intrinsic utilitarian function that is not merely to portraythe appearance of the article or conveyinformation and an article that is not normally a part of a useful article is considered a “useful article”;

work” means those categories of original works of authorship pursuant to section 6 and accordingly “protected work” means a work of any of such categories in which copyrightsubsists by virtue of this Act;

work made for hire” means —

(a)
a work prepared by an employee within the scope of his employment;
(b)
a work specially commissioned for use as a contribution to collective work, as a part ofa motion picture or other audiovisual work, as a translation, as a compilation, as an

instructional test, as a test, as answer material for a test, as a supplementary work, if the parties expressly agree inwritten instrument signed by them that thework shall be considered a work made for hire;

(c) copies and phonorecords created under anexclusive recording contract; however, such copies shall be limited to music videos which incorporates the sound recording in timed relation to visual images;

work of joint authorship” means a work prepared bytwo or more authors in which the contribution of each author is not separate from the contribution of the other author or authors;

work of The Bahamas Government” means a work prepared by an officer or employee of the Government of The Bahamas as a part of that person’s official duties;

work of visual art” means —

(a)
a painting, drawing, print or sculpture existing in a single copy, in a limited edition of one hundred copies or fewer that are signed and consecutively numbered by the author, or, in the case of a sculpture, in multiple cast, carved, or fabricated sculptures of one hundred or fewer that are consecutively numbered by the author and bear the signature or other identifying mark of the author;
(b)
a still photographic image produced for exhibition purposes only, existing in asingle copy that is signed by the author, or in a limited edition of one hundred copies or fewer that are signed and consecutivelynumbered by the author;

however, a work of visual art does not include —

(i)
any poster, map, globe, chart, technical drawing, diagram, model, applied art, motion picture or other audiovisual work, book, magazine, newspaper, periodical, database, electronic information service, electronic publication or similar publica- tion;
(ii)
any merchandising item or advertising, promotional, descriptive, covering or packaging material or container;

(iii) any portion or part of any item described in subparagraph (i) or (ii);

(iv)
any work made for hire; or
(v)
any work not subject to copyrightprotection under this Act;

writing” includes any tangible medium of expression now known or later developed fromwhich original works of authorship can beperceived, reproduced, or otherwise communicated either directly or with the aid ofa device or machine, and “written” shall be construed accordingly.

(2)
References in this Act to the time at which, or the period during which, a work was created are referencesto the time or period at or during which it was first fixed.
(3)
The term “artistic works” as defined in subsection (1) shall include works of artistic craftsmanship insofar as their form but not their mechanical or utilitarian aspects are concerned; and the design of a useful article, as defined in this section, shall be considered an artistic work only if, and only to the extent that, such design incorporates artistic features that can be identified separately from and are capable of existing independently of, the utilitarian aspects of the article.

3. (1) Subject to the following provision of thissection, for purposes of this Act, publication in relation to a work means the distribution of copies or phonorecords of awork to the public (whether by way of sale or otherwise) including where the work is a literary, musical, dramatic, motion pictures or other audiovisual works, choreographic or artistic work, the making available of copies and phonorecords to the public by means of an electronic retrieval system; and all related expressions shall be construed accordingly.

(2) References in this Act to the distribution to the public of copies and phonorecords of a work are to the act of putting into circulation copies and phonorecords notpreviously put into circulation in The Bahamas orelsewhere, and not to —

(a) any subsequent distribution, sale, rental or loan of those copies or phonorecords; or

Publication.

Lawful reception of transmission.

(b) any subsequent importation of those copies or phonorecords into The Bahamas,

except that in relation to motion pictures and otheraudiovisual works, the act of distributing copies to the public include any subsequent rental of copies to the public.

(3)
In the case of a work of architecture in the form of a building or an artistic work incorporated in a building, construction of the building shall be treated as equivalentto publication of the work.
(4)
A public performance or display of a work doesnot of itself constitute publication.
(5)
A publication that is merely colourable and isnot intended to satisfy the reasonable requirements of thepublic shall be disregarded for the purposes of this Actexcept in so far as it may constitute an infringement of copyright or rights conferred on performers or personshaving recording rights or may constitute an offence under this Act.
(6)
For the purposes of this Act, a publication in The Bahamas or in any other country shall not be treated as being other than the first publication by reason only of anearlier publication elsewhere, if the two publications took place within a period of not more than thirty days.
(7)
In determining, for purposes of any provision of this Act —
(a)
whether a work has been published;
(b)
whether a publication of a work was a first publication of the work; or
(c)
whether a work was published or otherwise dealt with in the lifetime of a person,

any unauthorised publication or the doing of anyunauthorized act shall be disregarded.

4. (1) In relation to the transmission of a work, anencrypted transmission shall be regarded as capable of being lawfully received members of the public only if decoding equipment has been made available to members of the public by or with the authority of the person making the transmission or the person providing the contents of transmission.

(2) References in this Act to the person making a transmission, transmitting a work or including a work in a transmission are references —

(a)
to the person transmitting the programme, to the extent that he has responsibility for its contents; and
(b)
to any person providing the programme whomakes with the person transmitting it, the arrangements necessary for its transmission,

references in this Act to a programme, in the context of transmitted are to any item included in a transmission.

PART II COPYRIGHT

Protected Works

5. (1) Unless otherwise specifically provided in this Act, copyright shall not subsist in any work unless itsatisfies the requirements specified in this Part as respects —

(a)
the category of works of authorship; and
(b)
the qualification of the author.

(2) If the requirements of this Part are once satisfied in respect of a work, copyright does not cease to subsist by reason of any subsequent event.

6. (1) Copyright is a property right which, subject to the provisions of this section, may subsist in the following categories of work of authorship —

(a)
literary works;
(b)
musical works inclusive of any accompanying words;
(c)
dramatic works inclusive of any accompanying music;
(d)
artistic works;
(e)
motion pictures and other audiovisual works;
(f)
choreographic works;
(g)
sound recordings;

and copyright may subsist in a work irrespective of its quality or the purpose for which it was created.

(2) Works of authorship shall not be eligible for copyright protection unless it is fixed in writing and any reference in this Act to the time which a work is created is a reference to the time at which it is so fixed.

Copyright in general.

Category of works of authorship.

Qualification for protection: national origin.

Bahamas Government works.

(3)
The —
(a)
categories of copyright works specified by thissection include compilations and derivative works, but protection for a work employing preexisting material in which copyright subsists does not extend to any part of the work in whichsuch material has been used unlawfully;
(b)
copyright in a compilation or derivative work extends only to the material contributed by the author of such work, as distinguished from the pre-existing material employed in the work and does not imply any exclusive right in the preexisting material;
(c)
copyright in a compilation or derivative work is independent of, and does not affect or enlargethe scope, duration, ownership or subsistence ofany copyright protection in the pre-existing material.
(4)
In no case does copyright protection for anoriginal work of authorship extend to an idea, concept, process, principle, procedure, system or discovery of things of a similar nature regardless of the form in which it isdescribed, explained, illustrated or embodied in such work.
7. (1) The works specified by subsections (1) and
(3)
of section 6 while unpublished, are subject to protection under this Act if the author is a qualified person.
(2)
The works specified by subsections (1) and (3) of section 6 when published, are subject to protection under this Act if —
(a)
on the date of first publication, one or more of the authors is a qualified person; or
(b)
the work is first published in The Bahamas or in a foreign nation that, on the date of firstpublication, is a party to the Universal Copyright Convention; or
(c)
the work is protected under the Berne Convention.
  1. Copyright protection under this Act shall subsistin every work which is eligible for copyright and which is made by or under the direction or control of the Government.

    1. (1) By virtue of and subject to the provisions of this Act, the owner of copyright shall have the exclusive right to do or to authorize any of the following —

      1. to reproduce the copyright work in copies orphonorecords;

      2. to distribute copies or phonorecords of the copyright work to the public by sale or othertransfer of ownership, or by rental or loan;

      3. to prepare derivative works based upon thecopyright work;

      4. in the case of a literary, musical, dramatic and choreographic, and motion pictures and other audiovisual works, to perform the copyright work publicly; and

      5. in the case of a literary, musical, dramatic,choreographic, artistic works, including theindividual sequence images of a motion pictureaudiovisual work, to display the copyright work publicly.

(2) By virtue of and subject to the provisions of this Act the author of a literary, dramatic, musical, choreographic or artistic work that is a protected work shall have in respect of such work, whether or not he is theowner of copyright in the work, the moral rights specifiedin Part III.

10. (1) Subject to the provisions of this section, copyright in any work expires at the end of the period of seventy years from the end of the calendar year in which the author dies.

(2)
Where the author of a work referred to in subsection (1) is anonymous, pseudonymous or the work ismade for hire, copyright in that work expires at the end of the period of seventy years from the year of its first publication or a term of one hundred years from the year of its creation, whichever expires first.
(3)
Subsection (2) shall not apply if the identity of the author becomes known after the end of the period specified in that subsection and if before the end of such period, the identity of one or more of the authors of any anonymous or pseudonymous work is revealed in the records of the registration made for that work under subsection (1) or (4) of section 33 or in the records provided by this section, the

Nature of copyright protection: economic and moral rights.

Duration of copyright in works of authorship.

copyright in the work endures for the term specified by subsection (1) or (5), based on the life of the author orauthors whose identity has been revealed.

(4)
Any person having an interest in the copyright in any anonymous work may at any time record, in records to be maintained by the Registry for that purpose, a statementidentifying one or more of the work and the statement shall also identify the person filing it, the nature of the person’sinterest, the source of the information recorded, and the particular work affected, and shall comply in form and content with requirements that the Minister may prescribe by regulation.
(5)
In the case of a joint work prepared by two or more authors who did not work for hire, the copyright endures for a term consisting of the life of the lastsurviving author and seventy years after such last survivingauthor’s death.
(6)
The provisions of subsections (1) to (4) shall notapply to computer-generated work, the copyright in whichexpires at the end of the period of seventy years from theend of the calendar year in which the work was created.
(7)
Where the country of origin of the work is notThe Bahamas and the author of the work is not a citizen of The Bahamas, the duration of the copyright is that to which the work is entitled in the country of origin, provided that it does not exceed the period under subsection (1).
(8)
Any person having an interest in a copyright may at any time record in the Registry a statement of the date of death of the author of the copyright work, or a statement that the author is still living on a particular date; the statement shall identify the person filing it, the natureof that person’s interest, the source of the information recorded, and shall comply in form and content withrequirements that the Minister may prescribe by regulation; the Registrar shall maintain current records of information relating to the death of authors of copyright works, based on such recorded statements and, to the extent that the registrar considers practicable, on data contained in any of the records of the Registry or in other reference sources.
(9)
After a period of seventy-five years from theyear of the first publication of a work, or a period of onehundred years from its creation, whichever expires first,

any person who obtains from the Registry a certified report that the records provided under subsection (8) disclosenothing to indicate that the author of the work is living, or died less that seventy years before, is entitled to the benefit of a presumption that the author has been dead for at least seventy years; reliance in good faith upon this presumption shall be a complete defence to any action for infringement under this Act.

PART III MORAL RIGHTS AND RELATED RIGHTS

Identification with Work

11. (1) Subject to subsection (7) and to such exceptions as may be specified in or pursuant to any other provision of this Act, the author of a literary,choreographic, musical, dramatic or artistic work that is a protected work has the right to be identified as the author of the work in the circumstances specified in this section.

(2)
The author of a literary work or a dramatic workhas the right to be identified as such whenever —
(a)
the work or a derivative work thereof, is published or performed publicly; or
(b)
copies or phonorecords including the work aredistributed to the public.
(3)
The author of a musical work has the right to be identified as such whenever —
(a)
the work is published;
(b)
phonorecords containing a sound recording ofthe work are distributed to the public; or
(c)
a motion picture, the sound track of which includes the work, is performed publicly or copies of such motion picture are distributed to the public.
(4)
The author of an artistic work has the right to be identified as such whenever —
(a)
the work is published or displayed publicly;
(b)
a motion picture including a visual image of the work is performed in public or copies of such amotion picture are distributed to the public; or

Right to be identified as author.

Right to object to derogatory treatment of work of visual art.

(c) in the case of a work of architecture in the form of a building or a model for a building, asculpture or a work of artistic craftsmanship, copies of the work are distributed to the public.

(5)
The author of a choreographic work has the right to be justified as such whenever —
(a)
the work is published or performed publicly;
(b)
copies or phonorecords containing the work isdistributed to the public.
(6)
For the purpose of this section, any reasonable form of identification may be used.
(7)
Except as may otherwise be explicitly provided by contract, right conferred by this section shall not apply in relation to —
(a)
a computer program, the design of a typeface or a computer-generated work;
(b)
any work created as a work made for hire.

Objection to Treatment of Work of Visual Art

12. (1) Subject to subsection (3) and to such exceptions as may be specified in or pursuant to any other provision of this Act, the author of a work of visual art that is a protected work, has the right —

(a)
to prevent the use of his name as the author of the work of visual art in the event of derogatory treatment;
(b)
to prevent any destruction of his work which isof recognised stature;
(c)
not to have the work or any part thereofsubjected to derogatory treatment,

and any such right is infringed by any person who does anyof the acts specified in section 46 in the circumstances sospecified.

(2)
The author of a work of visual art shall have the rights conferred by subsection (1) in that work whether or not the author is the copyright owner; and the authors of ajoint work of visual art shall be co-owners of the rights conferred by this section.
(3)
The rights conferred by subsection (1) shall notapply in relation to —
(a)
a computer program or to a computer-generated work;
(b)
fair dealing with any work made for the purposes specified in section 60;
(c)
any work created as a work made for hire;
(d)
the modification of a work of visual art which is the result of the passage of time or the inherent nature of the material in which it is fixed;
(e)
the modification of a work of visual art which is the result of conservation of the publicpresentation including lighting and placement of the work;
(f)
any derogatory treatment of a work incorporated in or made part of a building to which the author consented to the installation of the work.
(4)
In this section —

derogatory treatment” in relation to a work means any intentional distortion, mutilation or othermodification of that work which would be prejudicial to its author’s reputation.

Related Rights

13. (1) A person has the right —

(a)
not to have a literary, dramatic, musical, choreographic or artistic work falsely attributedto him as author; and
(b)
not to have a motion picture falsely attributed to him as director.
(2)
In this section —

attribution”, in relation to such work, means a statement, whether express or implied, as to the identity of the author or director.

(3) The right conferred by subsection (1) is infringed in the circumstances specified in section 49.

14. Subject to section 50, a person who for privateand domestic purposes commissions the taking of aphotograph or the making of audiovisual work has, wherethe resulting work is a protected in, the right not to have —

(a)
copies of the work distributed to the public;
(b)
the work displayed publicly;
(c)
the work performed publicly;

False attribution of work.

Right to privacy of photographs.

Duration of moral rights and related rights.

Consent and waiver of rights.

Application of provision of joint work.

Application of provisions to parts of work.

(d) the work reproduced in copies other than for archival purposes or for complying with the deposit requirement under section 33 of this Act.

  1. The rights conferred by sections 11, 12, 13 and 14 subsists so long as copyright subsists in the work.

  2. (1) A person having a right conferred under this Part may consent to the doing of any act affecting such right or may waive the rights under sections 11 and 12.

(2)
A right to which subsection (1) refers must be waived by instrument in writing signed by the person giving up the right and the waiver —
(a)
must identify the specific work, and the uses of the work, to which the waiver applies, andwaiver shall apply only to the work and usesidentified; and
(b)
may be expressed to be subject to revocation.
(3)
Where a waiver is made in favour of the owner of the copyright in the work or works to which relates, it shall be presumed to extend to his licensees and successors in title, unless a contrary intention is expressed.

17. (1) The right conferred under section 11 is, in the case of a work of a joint authorship, a right of each joint author to be identified as joint author.

(2)
The right conferred by section 12 is, in the caseof a work of a joint authorship, a right of each joint author and his right is satisfied if he consents in writing to the treatment in question.
(3)
In the case of a joint work prepared by two or more authors, a waiver of rights under section 16 made by one such author does not affect the rights of the other joint authors.
(4)
The right conferred by section 14 is, in the caseof a work made in pursuance of a joint commission, a right of each person who commissioned the making of the work, so that the right of each is satisfied if he consents in writingto the act in question.

18. The rights conferred by —

(a)
sections 11 and 14 apply in relation to the wholeor any substantial part of a work; and
(b)
sections 12 and 13 apply in relation to the wholeor any part of a work.

PART IV OWNERSHIP AND ASSIGNMENT OF RIGHTS

Ownership of Copyright

19. (1) Subject to the provisions of this section, theauthor of a protected work is the first owner of any copyright in that work.

(2)
In the case of a work made for hire, the employer or other person for whom the work was prepared is considered the author for purposes of this Act and unless the parties have expressly agreed otherwise in written instrument signed by them, that employer or other person owns all of the rights comprised in the copyright.
(3)
Where a protected work is a work of jointauthorship the authors thereof shall be co-owners of the copyright in that work.
(4)
Copyright in each contribution to a collectivework is distinct from copyright in the collective work as a whole, and vests initially in the author of the contribution; in the absence of an express transfer of the copyright orany rights under it, the owner of copyright in the collective work is presumed to have acquired only the privilege of reproducing and distributing the contribution as part of that particular collective work, any revision of that collective work and any later collective work in the same series.

20. (1) The ownership of a copyright may betransferred in whole by any means of conveyance or by operation of law, and may bequeathed by will or pass aspersonal property by the applicable intestate succession.

(2)
Any of the exclusive rights comprised in a copyright, any subdivision of any of the rights specified in section 9, transferred as provided by subsection (1) andowned separately.
(3)
When an individual author’s ownership of acopyright, or any exclusive rights under a copyright, has not previously been transferred voluntarily by that individual author, no action by any governmental body

Ownership of copyright.

Transfer of copyright ownership or rights.

Ownership of a copyright as distinct from ownership of material object.

Exclusive licence.

Copyright in unpublished copy or phonorecord passes under will.

Moral rights etc. not assignable.

Transmission of moral rights etc. on death.

or other official organization purporting to seize, expropriate, transfer, or exercise rights of ownership with respect to copyright, or any of the exclusive rights under a copyright, shall be given effect under this Act.

  1. Ownership of a copyright, or of any of theexclusive rights under a copyright, is distinct from ownership of any material object in the work is embodied;transfer of ownership of any material including the copy or phonorecord in which the work is first fixed, does not of itself convey any rights in the copyright work embodied in the object; nor in the absence of an agreement, does transfer of ownership of a copyright or any exclusive rights under a copyright convey property rights in any material object.

  2. (1) The owner of any particular exclusive right is entitled, to the extent of that right, to all of the protection and remedies accorded to the copyright owner by this Act.

(2) An exclusive licence whether recorded or not does not survive a transfer of copyright ownership.

23. Where under a bequest (whether specific orgeneral) a person is entitled, beneficially or otherwise, to —

(a)
an original copy that embodies a literary, dramatic, musical, choreographic or artistic work which was not published before the deathof the testator; or
(b)
an original phonorecord containing a sound recording or copy of a motion picture or other audiovisual work which was not publishedbefore the death of the testator,

then, unless a contrary intention is indicated in thetestator’s will or a codicil to it, or such copy orphonorecord is subject to a contractual agreement, the bequest shall be construed as including the copyright in the work in so far as the testator was the owner of the copyright immediately before his death.

  1. The rights conferred under Part III are not assignable.

    1. (1) On the death of a person entitled to a right conferred by section 11, 12, 13 or 14 —

      1. the right passes to such person as he may by testamentary disposition specifically direct; or

      2. if there is no such direction but the copyright in the work in question forms part of his estate, the right passes to the person to whom copyright passes,

and if, or to the extent that, the right does not pass under paragraph (a) or (b), it is exercisable by his personalrepresentatives.

(2)
Where copyright forming part of a person’sestate passes in part to one person and in part to another, any right which passes with the copyright by virtue of subsection (1) is correspondingly divided.
(3)
Where by virtue of paragraph (a) or (b) ofsubsection (1) a right becomes exercisable by more than one person, then —
(a)
where the right is conferred by section 12 or 14,it is a right exercisable by each of them and is satisfied in relation to any of them if he consentsto the treatment or act in question; and
(b)
any waiver of the right in accordance with section 16 by one of them shall not affect the rights of the others.
(4)
A consent or waiver previously given binds any person to whom a right passes by virtue of subsection (1).
(5)
Any infringement after a person’s death of the right conferred by section 13 is actionable by his personalrepresentatives.
(6)
Any damages recovered by personalrepresentatives by virtue of this section in respect of aninfringement after a person’s death shall devolve as part of that person’s estate as if the right of had subsisted and been vested in him immediately before his death.

26. (1) A transfer of copyright ownership, other than by operation of law, is not valid unless an instrument of conveyance, or a memorandum of the copyright transfer, is in writing and signed by the owner of the rights conveyedor by such owner’s duly authorized agent.

(2) A certificate of acknowledgement is not required for the validity of a transfer, but is prima facie evidence of the execution of the transfer if —

(a) in the case of a transfer executed in The Bahamas, the certificate is issued by a person authorized to administer oaths within The Bahamas; or

Execution of transfers of copyright ownership.

Recording of transfer and other documents.

(b) in the case of a transfer executed in a foreigncountry, the certificate is issued by a diplomatic or consular officer of The Bahamas, or by a person authorized to administer oaths whose authority is proved by a certificate of such anofficer.

27. (1) Any transfer of copyright ownership or other document pertaining to a copyright may be recorded in the Registry if the document filed for recording bears the actual signature of the person who executed it, or if it isaccompanied by a sworn or official certification that it is a true copy of the original, signed document.

(2)
The Registrar shall, upon receipt of a documentas provided by subsection (1) and the fee prescribed by subsection (1) of section 95, record the document and return it with a certificate of recording.
(3)
Recording of a document in the Registry gives all persons constructive notice of the facts stated in therecorded document, but only if —
(a)
the document, or material attached to it, specifically identifies the work to which it pertains so that, after the document is indexed by the Registrar, it would be revealed by areasonable search under the title or registrationnumber of the work; and
(b)
registration has been made for the work.
(4)
As between two conflicting transfers, the oneexecuted first prevails if it is recorded, in the manner required to give constructive notice under subsection (5), within one month after its execution in The Bahamas or within two months after its execution outside The Bahamas, or at anytime before recording in such manner of the later transfer; otherwise the later transfer prevails ifrecorded first in such manner, and if taken in good faith, for valuable consideration or on the basis of a binding promise to pay royalties, and without notice of the earlier transfer.
(5)
A non-exclusive licence, whether recorded or not, prevails over a conflicting transfer of copyright ownership if the licence is evidenced by a written instrument signed by the owner of the rights licensed orsuch owner’s duly authorized agent; and if —
(a)
the licence was taken before execution of the transfer; or
(b)
the licence was taken in good faith beforerecording of the transfer and without notice of it.

PART V COPYRIGHT NOTICE, DEPOSIT AND REGISTRATION

28. (1) Whenever a work protected under this Act is published in The Bahamas or elsewhere by authority of the copyright owner, a notice of copyright as provided by thissection may be placed on publicly distributed copies from which the work can be visually perceived, either directly or with the aid of a machine or device.

(2)
If a notice appears on the copies, it shall consist of the following three elements —
(a)
the symbol (the letter C in a circle), or the word “Copyright”, or the abbreviation “Copr.”;
(b)
the year of first publication of the work; in the case of compilations or derivative works incorporating previously published material, the year of first publication of the compilation orderivative work is sufficient; the year may be omitted where an artistic work, with accompanying text matter, if any, is reproduced in or on greeting cards, postcards, stationery,jewellery, dolls, toys or any useful articles; and
(c)
the name of the owner of copyright in the work, or an abbreviation by which the name can be recognised, or a generally known alternativedesignation of the owner.
(3)
The notice shall be affixed to the copies in such a manner and location as to give reasonable notice of the claim of copyright and after consultation with the Registrar, may prescribe by regulation, as examples, specific methods of affixation and positions of notice on various types of works that will satisfy the requirement, specifications shall not be considered exhaustive.
(4)
If a notice of copyright in the form and position specified subsection appears on the published copy orcopies to which defendant in a copyright infringement action had access, then no weight shall be given to such a

Notice copyright visually perceptible copies.

Notice copyright: phonorecords of sound recordings.

Publications incorporating Bahamas Government works.

Notice of copyright: contributions to collective works.

defendant’s defence based on innocent infringement to lessen actual or statutory damages, with the exception of actions provided for in Part VII.

29. (1) Whenever a sound recording protected under this Act is published in The Bahamas or elsewhere by authority of the copyright owner, a notice of copyright as provided by this section may be placed publicly distributed phonorecords of the sound recording.

(2)
If a notice appears on the phonorecords, it shall consist of following three elements —
(a)
the symbol (the letter P in a circle);
(b)
the year of first publication of the sound recording; and
(c)
the name of the owner of copyright in the sound recording, or an abbreviation by which the namecan be recognised, or a generally knownalternative designation of the owner; and if theproducer of the sound recording is named on the phonorecord labels or containers, and no othername appears in conjunction with the notice, the producer’s name shall be considered a part ofthe notice.
(3)
The notice shall be placed on the surface of the phonorecord, or on the phonorecord label or container, in such manner and location as to give reasonable notice of the claim of copyright.
(4)
If a notice of copyright in the form and position specified by this section appears on the publishedphonorecord or phonorecords to which a defendant in a copyright infringement action had access, then no weightshall be given to such defendant’s defence based on innocent infringement to lessen actual or statutory damages, except as provided for in Part VII.
  1. Subsection (4) of section 28 and subsection (4)of section 29 shall apply to works published in copies orphonorecords consisting predominantly of one or more works of The Bahamas Government as well as those portions of the copies or phonorecords embodying any other works protected under this Act.

  2. A separate contribution to a collective work may bear its own notice of copyright, as provided by sections 28, 29 and 30; however, a single notice applicable to the

collective work as a whole is sufficient to invoke the provisions of subsection (4) of section 28 and subsection

(4) of section 29, as applicable with respect to the separate contributions it contains (not including advertisementsinserted on behalf of persons other than the owner of copyright in the collective work), regardless of theownership of copyright in contributions and whether or not they have been previously published.

32. (1) Except as provided by subsection (3), and subject to the provisions of subsection (5), the owner of copyright or of the exclusive right of publication in a work published in The Bahamas shall deposit, within three months after the date of such publication —

(a)
two complete copies of the best edition; or
(b)
if the work is a sound recording, two complete phonorecords of the best edition, together withany printed or other visually perceptible materialpublished with such phonorecords,

but neither the deposit requirement of this subsection nor the acquisition provisions of subsection (4) are conditions of copyright protection.

(2)
The required copies or phonorecords shall bedeposited in the Registry for the use or disposition of theDepartment of Archives and the Registrar shall, when requested by the depositor and upon payment of the feeprescribed by section 95, issue a receipt for the deposit.
(3)
The Minister may, by regulation, exempt anycategories of material from the deposit requirement of this section, or require deposit of only one copy or phonorecord with respect to any categories; such regulations shall provide either for complete exemption from requirement of this section, or for alternative forms of aimed at providing a satisfactory archival record of a work imposing practical or financial hardships on the depositor, where theindividual author is the owner of copyright in an artistic work and —
(a)
less than five copies of the work have beenpublished; or
(b)
the work has been published in a limited edition consisting of numbered copies, the monetary value of which would make the mandatory deposit of two copies of the best edition of thework burdensome, unfair, or unreasonable.

Deposit of copies or phonorecords for the Department of Archives.

(4)
At any time after publication of a work asprovided by subsection (1), the Registrar may make written demand for the deposit on any person obligated to makethe deposit under subsection (1) and unless the deposit is made within three months the demand is received, the person on whom the demand was is liable —
(a)
to a fine of not more than two hundred and fifty dollars for each work;
(b)
to pay into a specifically designed fund in theTreasury the total retail price of the copies orphonorecords demanded, or, if no retail price has been fixed, the reasonable cost of the Registry acquiring them; and
(c)
to pay a fine of not more than two thousanddollars, in addition to any fine or liabilityimposed under paragraphs (a) and (b), if such person wilfully or repeatedly fails or refuses to comply with such a demand.
(5)
With respect to transmission programmes that have been (fixed and transmitted to the public in The Bahamas but have not been published, the Minister may, after consulting with the Registrar and other interested organizations and officials, establish regulations governing the acquisition, through deposit or otherwise, of copies or phonorecords of such programmes for the collection of the Department of Archives, and —
(a)
the Registrar shall be permitted, under the standards and conditions set forth in such regulations, to make a fixation of a transmission programme directly from a transmission to the public and to reproduce one copy or phonorecord for such fixation for archival purposes;
(b)
such regulation shall also provide standards and procedures by which the Registrar may make written demand upon the owner of the right oftransmission in The Bahamas for the deposit of a copy or phonorecord of a specific transmissionprogramme; such deposit may, at the option of the owner of the right of transmission in The Bahamas, be accomplished by gift or loan for purposes of reproduction; the regulationsestablished under this subsection shall provide reasonable periods of not less than three monthsfor compliance with a demand, and shall allow for

extensions of such periods and adjustments in the scope of the demand or the methods forfulfilling it; as reasonably warranted by the circumstances; and wilful failure or refusal to comply with the conditions prescribed by such regulations shall subject the owner of the right of transmission in The Bahamas to liability for an amount, not to exceed the cost of reproducing and supplying the copy or phonorecord inquestion, to be paid into the Consolidated Fund;

(c)
nothing in this subsection shall be construed to require the making or retention, for purposes of deposit, of any copy or phonorecord of an unpublished transmission programme, the transmission of which occurs before the receipt of a specific written demand as provided by paragraph (b);
(d)
no activity undertaken in compliance with regulations prescribed under paragraph (a) or (b) shall result in liability if intended solely to assistin the acquisition of copies or phonorecordsunder this subsection.

33. (1) At any time during the subsistence of any copyright which was secured before the appointed day and during the subsistence of any copyright secured on or after the appointed day, the owner of copyright or of anyexclusive right in the work may obtain registration of the copyright claim by delivering to the Registry the deposit specified by this section, together with the application andfee specified by 34 and 95; and such registration shall notbe a condition of copyright protection.

(2) Except as provided by subsection (3), thematerial deposited for registration shall include —

(a)
in the case of an unpublished work, onecomplete copy or phonorecord;
(b)
in the case of a published work, two copies orphonorecords of the best edition;
(c)
in the case of a work first published outside TheBahamas, one complete copy or phonorecord asso published;
(d)
in the case of a contribution to a collective work, one complete copy or phonorecord of the best edition of the collective work,

Copyright registration in general.

and copies or phonorecords deposited for the Departmentof Archives under section 32 may be used to satisfy the deposit provisions of this section, if they are accompanied by the prescribed application and fee, and by anyadditional identifying material that the Minister may by regulation, require; the Minister may also prescribe regulations establishing requirements under which copiesor phonorecords acquired for Department of Archives under subsection (4) of section 32 otherwise than bydeposit, may be used to satisfy the deposit provisions of section.

(3)
The Minister may specify by regulation theadministrative classes into which works are to be placedfor purposes of deposit registration, and the nature of the copies or phonorecords to be deposited in the variousclasses specified; the regulations may require permit, forparticular classes, the deposit of identifying materials instead of copies or phonorecords, the deposit of only one copy or phonorecord where two would normally be required, or a single registration for a group of relatedworks; and this administrative classification of works has no significance with respect to the category of eligible works or the exclusive rights provided by this Act.
(4)
Without prejudice to the general authority provided under subsection (3), the Minister may establish regulations specifically permitting a single registration fora group of works by the same individual author, all first published as contributions to periodicals, includingnewspapers, within a twelve month period, on the basis of a single deposit, application, and registration fee, under the following conditions —
(a)
if the deposit consists of one copy of the entireissue of the periodical, or the entire section inthe case of the entire issue of the periodical or of the entire section in the case of a newspaper, in which each contribution was published; and
(b)
if the application identifies each work separately, including the periodical containing it and its date of first publication.
(5)
The Minister may also establish, by regulation, formal procedures for the filing of an application for supplementary registration, to correct an error in a copyright registration or to amplify the information given in a registration; such application shall be accompanied by

the fee prescribed by section 95 and shall clearly identify the registration to be corrected or amplified. The information contained in a supplementary registrationaugments but does not supersede that contained in the earlier registration.

(6) Registration for the first published edition of awork previously registered in unpublished form may bemade even though the work as published is substantially the same as the unpublished version.

34. The application for copyright registration shallbe made on a form prescribed by the Minister and shall include —

(a)
the name and address of the claimant;
(b)
in the case of a work other than an anonymous or pseudonymous work, the name and nationality or domicile of the author or authors, and, if one or more of the authors is dead, the dates of their deaths;
(c)
if the work is anonymous or pseudonymous thenationality of the authors;
(d)
in the case of a work made for hire, a statement to this effect;
(e)
if the copyright claimant is not the author, a brief statement of how the claimant obtained ownership of the copyright;
(f)
the title of the work, together with any previousor alternative titles under which the work can be identified;
(g)
the year in which creation of the work was completed;
(h)
if the work has been published, the date and country of its first publication;
(i)
in the case of a compilation or derivative work,an identification of any pre-existing work orworks that it is based on or incorporates and a brief general statement of the additional material covered by the copyright claim being registered;
(j)
any other information regarded by the Minister as being relative to the preparation or identification of the work or the existence, ownership or duration of the copyright.

Application for copyright registration.

Registration of claim and issuance of certificate.

Registration and infringement actions.

35. (1) When, after examination, the Registrardetermines that, in accordance with provisions of this Act, the material constitutes copyrightable subject matter and that the other legal and formal requirements of this Act have been met, the Registrar shall register the claim andissue to the applicant a certificate of registration under theseal of the Registry; and the certificate shall contain the information given in the application, together with the number and effective date of registration.

(2)
In any case in which the Registrar determines that, in accordance the provisions of this Act, the materialdeposited does not constitute copyrightable subject matter or that the claim is invalid for any other reason, the Registrar shall refuse registration and shall notify the applicant in writing of the reasons for such refusal.
(3)
In any judicial proceedings the certificate of a registration made before or within five years after first publication of the work shall constitute prima facieevidence of the validity of the copyright and of the facts stated in the certificate and the evidentiary weight to be accorded the certificate of a registration made thereafter shall be within the discretion of the court.
(4)
The effective date of a copyright registration is the day on which application, deposit, and fee, aredelivered to the Registrar.

36. (1) Where the deposit application and fee required for registration have been delivered to theRegistrar in proper form and registration has been refused, the applicant in an action for infringement of the copyright work may serve notice thereof with a copy of thecomplaint on the Registrar, and the Registrar may become a party to the action with respect to the issue of registrability of the copyright claim by entering an appearance within sixty days after such notice, but the Registrar’s failure to become a party shall not deprive the court to determine that issue.

(2) In the case of a work consisting of sounds,images, or both, the first fixation of which is madesimultaneously with its transmission, the copyright owner may, either before or after such fixation takes place, institute an action for infringement under section 40, fully subject to the remedies provided by section 41 and 42, if, in accordance with the requirements that the Minister may prescribe by regulation, the copyright owner —

(a)
serves notice upon the infringer, not less thanten or more than thirty days before such fixation, identifying the work and the specific time and source of its first transmission and declaring an intention to secure copyright in the work; and
(b)
makes registration for the work, if required by subsection (1), within three months of its first transmission.

37. In an action brought for a violation of the rightsof an author under section 11 or an action instituted under subsection (2) of section 36, or in any other action for infringement, registration shall not be a prerequisite to suchaction.

PART VI INFRINGEMENT OF RIGHTS

General Provisions

  1. In this Part “action” includes a counterclaim and references to the plaintiff and to the defendant in an actionshall be construed accordingly.

  2. This Part shall have effect subject to suchprovisions of this Act as may authorize the doing of specified acts in relation to a protected right.

Infringement of Copyright

40. (1) The copyright in a work is infringed by any person who, without the licence of the copyright owner, does, or authorizes in relation to that work or anysubstantial part of that work, any of the acts which the copyright owner has the exclusive right to do pursuant to section 9.

(2) Copyright in a work is infringed by a personwho, without the licence of the copyright owner, importsinto The Bahamas for any purpose other than for his private and domestic use, a copy or phonorecord which he knows or has reason to believe is an infringing copy orphonorecord of the work.

Registration not a prerequisite to actions for infringement.

Meaning of action.

This Part subject to other provisions.

Acts infringing copyright.

(3) Copyright in a work is infringed by a personwho, without the licence of the copyright owner —

(a)
possesses in the course of a business;
(b)
sells or rents or offers or exposes for sale or rent;
(c)
displays in public or distributes in the course of a business;
(d)
distributes otherwise than in the course of a business, to such an extent as to affect prejudicially the owner of copyright,

a copy or phonorecord which is, and which he knows orhas reason to believe is, an infringing copy or phonorecordof the work.

(4) Copyright in a work is infringed by a personwho, without the licence of the copyright owner —

(a)
makes;
(b)
imports into The Bahamas;
(c)
possesses in the course of a business; or
(d)
sells or rents or offers for sale or rent,

a machine or device specifically designed or adapted for reproducing copies or phonorecords of that work, knowingor having reason to believe that it is to be used to make infringing copies or phonorecords.

(5)
Copyright in a work is infringed by a personwho, without the licence of the copyright owner, transmits the work, knowing or having reason to believe that infringing copies or phonorecords of the work will be made by means of the reception of the transmission in The Bahamas or elsewhere.
(6)
Where the copyright in a literary, dramatic, choreographic or musical work is infringed by a performance at a place of public entertainment, any person who gave permission for that place to be used for the performance is so liable for the infringement unless when he gave permission he believed on reasonable grounds that the performance would not infringe copyright.
(7)
Where copyright in a work is infringed by apublic performance of the work or by the performance of the work in public by means of a machine or device for performing sound recording or motion pictures and other audiovisual works, or receiving visual images or sounds conveyed by electronic means, the persons specified in subsection (8) are also liable for the infringement.
(8)
The persons referred to in subsection (7) are —
(a)
a person who supplied the apparatus or any substantial part of it, if when he supplied the apparatus or part —
(i)
he knew or had reason to believe that the machine or device was likely to be so used as to infringe copyright; or
(ii)
in the case of a machine or device whosenormal use involves a public performancehe did not believe on reasonable groundsthat it would not be so used as to infringecopyright;
(b)
an occupier of premises who gave permission for the machine or device to be brought onto thepremises, if when he gave permission he knew or had reason to believe that the machine or device was likely to be so used as to infringe copyright;
(c)
a person who supplied copies or phonorecordsused to infringe copyright, if when he supplied it he knew or had reason to believe that what he supplied or a reproduction of such copy orphonorecord, was likely to be so used as toinfringe copyright.

Remedies for Copyright Owner

41. (1) An infringement of copyright shall be actionable at the suit of the copyright owner; and subject to the provision of this section, any action for suchinfringement all such relief by way of damages, injunctions, accounts or otherwise, shall be available to the plaintiff as is available in respect of the infringement of other proprietary rights.

(2) Except as otherwise provided by this Act, aninfringer of copyright is liable for either —

(a)
the copyright owner’s actual damages and any additional profits of the infringer, as provided in subsection (3)(a); or
(b)
statutory damages, as provided in subsection (3)(b).

Action owner of copyright.

(3) The damages referred to in subsection (2) are asfollows —

(a)
the copyright owner is entitled to recover the actual damages suffered by him as a result of the infringement, and any profits of the infringer that are attributable to the infringement and not taken into account in computing the actual damages; and in establishing the infringer’sprofits, the copyright owner is required topresent proof only of the infringer’s grossrevenue, and the infringer is required to prove his deductible expenses and the elements ofprofit attributable to factors other than the copyright work;
(b)
except as provided by paragraph (c), thecopyright owner may elect, at any time beforefinal judgment is rendered, to recover, instead of actual damages and profits, an award of statutory damages for all infringements involved in the action, with respect to any one work, forwhich any one infringer is liable individually, or for which any two or more infringers are liablejointly and severally, in a sum of not less than one thousand dollars or not more than twenty thousand dollars as the court considers just; and for the purposes of this subsection, all the parts of a compilation or derivative work constitute one work;
(c)
in a case where the copyright owner sustains the burden of proof and the court finds thatinfringement was committed wilfully, the court in its discretion may increase the award of statutory damages to a sum of not more than fifty thousand dollars; and in a case where the infringer sustains the burden of proof and thecourt finds that such infringer was not aware andhad no reason to believe that his acts constituted an infringement of copyright, the court in itsdiscretion may reduce the award of statutory damages to a sum of not less than five hundred dollars;
(d)
the court shall remit statutory damages in anycase where an infringer believed that his use of the copyright work was a fair dealing undersection 60, if the infringer was an employee or

agent of a non-profit educational establishment, public library, or Department of Archives acting within the scope of his employment who, or such institution, library, or archives itself which, infringed by reproducing the work in copies orphonorecords.

(4)
Where in an action for infringement of copyrightit is shown that at the time of the infringement the defendant did not know and had no reason to believe that copyright subsisted in the work to which the action relates, then, the plaintiff is not entitled to statutory damagesagainst him, but without prejudice to any other remedy.
(5)
In any civil action under this Act; the court in itsdiscretion may allow the recovery of full costs by or against any party other than by or against the Governmentor any officer thereof.
(6)
In any civil action under this Act, the court in its discretion may award reasonable counsel and attorney’s feeto the prevailing party as part of the cost granted by thecourt under subsection (5).

42. (1) Subject to the provisions of this section and subsection (5) of section 44, where a person —

(a)
in the course of his business has an infringing copy or phonorecord of a work in his possession, custody or control; or
(b)
has in his possession, custody or control amachine or device specifically designed or adapted for reproducing copies or phonorecordsof a particular protected work, knowing orhaving reason to believe that it has been or isbeing used to make infringing copies or phonorecords,

the copyright owner may apply to the court for an order that the copy, phonorecord, machine or device be delivered up to or to such other person as the court may direct.

(2) An application under subsection (1) shall not bemade after the end of the period specified in subsection (1) of section 122; order shall be made unless the court also makes, or it appears to the court that there are grounds for making an order under section 121 for the disposal of the infringing copy, phonorecord, machine or device, as the case may be.

Order for delivery up in civil proceedings.

Infringement of rights of exclusive licensee.

Infringement where rights concurrent.

Infringement of right to be identified as the author.

Remedies of Exclusive Licensee

  1. An exclusive licensee has, except as against the copyright owner, the same rights and remedies in respect of matters occurring after the grant of the licence as if the licence had been an assignment.

  2. (1) The rights and remedies of an exclusive licensee are concurrent with those of the copyright owner and references in the relevant provisions of this Act to thecopyright owner shall be construed accordingly.

(2)
In an action brought by an exclusive licensee byvirtue of this section, a defendant may avail himself of any defence which would have been available to him if the action had been brought by copyright owner.
(3)
Where an action for infringement of copyright is brought by the copyright owner or by an exclusivelicensee, and the action relates (wholly or partly) to an infringement in respect of which they have concurrent rights of action, the copyright owner or the exclusive licensee, as the case may be, shall not be entitled, except with the leave of the court, to proceed with the action,unless the other party is either joined as a plaintiff in the action or added as a defendant; but this section shall not affect the granting of an interlocutory injunction on theapplication of either of them.
(4)
A copyright owner or exclusive licensee who isadded as a defendant in pursuance of subsection (2) is not liable for any costs in the action unless he takes part in the proceedings.
(5)
A copyright owner shall notify any licenseehaving concurrent rights before applying under section 42 for an order for the delivery up of infringing copies or phonorecords of a work, and the court may, on the application of the licensee, having regard to the terms of the licence, make such order under section 42 as he thinks fit.

Infringement of Moral Rights and Related Rights

45. (1) Subject to subsection (2), the right conferred by section 11 is infringed by any person who fails toidentify the author of a work whenever any action specifiedin that section occurs in relation to that work.

(2) The following acts shall not constitute aninfringement of the right conferred by section 11 in relation to a work to the extent that such acts are permitted under Part VII in relation to the work —

(a)
fair dealing with the work for the purposes ofcriticism, review or the reporting of current events;
(b)
the incidental inclusion of the work in copies orphonorecords;
(c)
the use of the work for examination purposes;
(d)
acts done for the purposes of Parliamentary or judicial proceedings or proceedings of statutoryinquiry;
(e)
acts permitted in relation to anonymous or pseudonymous works on the assumption that copyright in the work has expired or that theauthor is dead.

46. (1) The right conferred on an author of visual artby section 12 to object to derogatory treatment of his work is infringed where acts described in subsection (2) are done in relation to that work; and for the purposes of this Part, “derogatory treatment” has the same meaning as thatspecified in subsection (4) of section 12.

(2) In the case of a work of visual art, the right is infringed by a person who —

(a)
publishes or displays publicly a derogatorytreatment of the work; or
(b)
intentionally or through gross negligencedestroys a protected work of visual art of recognised stature.

47. The right conferred by section 12 is alsoinfringed by a person who —

(a)
possesses in the course of a business;
(b)
sells or lets for hire or offers or exposes for saleor hire;
(c)
in the course of business, displays publicly or distributes; or
(d)
distributes otherwise than in the course of a business, so as to affect prejudicially the honour or reputation of the author;

Infringement of right to object to derogatory treatment of work.

Infringement by possession of infringing work of visual art.

Acts not infringing section

12.

False attribution of work: infringement of right.

a work of visual art which is, and which he knows or has reason to believe is an infringing copy.

48. (1) The right conferred by section 12 is notinfringed by any act done for the purpose of —

(a)
avoiding the commission of an offence;
(b)
complying with a duty imposed by or under any written law,

so, however, that, where the author of a work of visual art is identified at the time of the relevant act or has previouslybeen identified in or on published copies, there shall be asufficient disclaimer.

(2) In subsection (1), “sufficient disclaimer” meansa clear and reasonably prominent indication —

(a)
given at the time of the act; and
(b)
if the author is then identified, appearing alongwith the identification,

that the work has been subjected to treatment to which the author has not consented.

49. (1) Subject to the provisions of this section, theright conferred on a person by section 13 not to have aliterary, dramatic, musical, choreographic or artistic workfalsely attributed to him as author or a motion picture or other audiovisual work falsely attributed to him as director, is infringed by a person who —

(a)
distributes to the public copies or phonorecordsof a work of any of those descriptions in or onwhich there is a false attribution;
(b)
displays publicly an artistic work or a reproduction of an artistic work in or on whichthere is a false attribution.
(2)
The right is also infringed by a person who —
(a)
in the case of literary, dramatic choreographic or musical work, performs the work publicly;
(b)
in the case of a motion picture or other audiovisual work, performs it publicly,

knowing or having reason to believe that the attribution is false.

(3)
The right is also infringed by any person who distributes to the public or displays publicly any materialcontaining a false attribution in connection with any act referred to in subsection (1) or (2).
(4)
The right is also infringed by a person who, inthe course of business —
(a)
possesses or deals with a copy or phonorecord ofa work referred to in subsection (1) in or on which there is a false attribution; or
(b)
in the case of an artistic work, possesses or dealswith the work itself when there is a false attribution in or on it,

knowing or having reason to believe that there is an attribution and that it is false.

(5) In the case of an artistic work, the right is alsoinfringed by a person who in the course of business —

(a)
deals with a work which has been altered after the author parted with possession of it as beingthe unaltered work of the author; or
(b)
deals with the copy of such a work as being acopy of the unaltered work of the author,

knowing or having reason to believe that such is not the case.

(6)
References in this section to dealing are references to selling or letting for hire, offering or exposing for sale or hire, displaying in public or distributing.
(7)
This section applies where a work is falsely represented as being a derivative of the work of a person as it applies where the work is falsely attributed to a person asauthor.
  1. The right conferred by section 14 in relation to acommissioned photograph or audiovisual work is infringed by a person who does or authorizes the doing of any actmentioned in that section in relation to that work; but the right is not infringed by any act which, pursuant to Part VII, would not infringe copyright in the work.

  2. It is not an infringement of any right conferred under section 11, 12, 13 or 14 to do any act which theperson entitled to the right has consented pursuant to section 16 or in respect of which he has given a written waiver pursuant to subsection (2) of that section.

Infringement of privacy right respecting photographs, etc.

Effect of consent and waiver of rights.

Remedies for infringing moral rights, etc.

Penalties in respect of dealings which infringe copyright.

Remedies for Infringement of Moral Rights and Related Rights

52. (1) The infringement of a right conferred under section 11 or 12 is actionable as a breach of statutory duty owned to the person entitled to the right.

(2)
The infringement of a right conferred under section 13 or 14 is actionable as a breach of statutory duty owed to a person entitled to the right, if, thirty days after notification by such person by registered mail, the infringer has failed to cure the infringement.
(3)
Where in any action an infringement of a rightreferred to in subsection (1) or (2) is proved or admitted, the occur may order the defendant to publish such correction in such terms and in such manner as the court may direct.

53. (1) Any person who at a time when copyright in a work subsists by virtue of this Act —

(a)
reproduces for sale or rent;
(b)
in the course of a business sells or rents, offers or exposes for sale or rent, displays publicly or distributes;
(c)
imports into The Bahamas for purposes other than his private and domestic use; or
(d)
distributes otherwise than in the course of a business to such an extent as to affect prejudicially the owner of the copyright,

a copy or phonorecord which he knows or has reason to believe is an infringing copy or phonorecord of that work,commits an offence.

(2) Any person who, at the time when copyrightsubsists in a work by virtue of this Act, makes or has in his possession a machine or device designed or adapted for reproducing copies or phonorecords of that work, knowingthat it is to be used to reproduce infringing copies orphonorecords for sale or hire or for use in the course ofbusiness, commits an offence.

(3)
Any person who causes —
(a)
a literary, dramatic, choreographic or musical work to be performed publicly; or
(b)
a sound recording, motion picture or other audiovisual work to be performed publicly,

knowing or having reason to believe that copyright subsistsin the work and that the performance constitutes an infringement of copyright, commits an offence.

(4)
Any person who is guilty of an offence undersubsection (1) shall be liable —
(a)
on summary conviction to a fine of fifty thousand dollars or to imprisonment for two years or to both such fine and imprisonment;
(b)
on conviction on information to a fine of one hundred thousand dollars or to imprisonment forfour years or to both such fine and imprisonment.
(5)
Any person who is guilty of an offence underthis section, other than an offence under subsection (1), shall be liable —
(a)
on summary conviction to a fine of twenty-fivethousand dollars or to imprisonment for one year or to both such fine and imprisonment;
(b)
on conviction on information to a fine of fifty thousand dollars or to imprisonment for two years or to both such fine and imprisonment.

54. (1) Subject to subsection (2), the court beforewhich proceedings are brought against a person for anoffence under section 53 may, if it is satisfied that at the time of his arrest or charge —

(a)
he had in his possession, custody or control in the course of business an infringing copy or phonorecord of a protected work; or
(b)
he had in his possession, custody or control a machine or device specifically designed or adapted for reproducing copies or phonorecordsof a particular protected work knowing orhaving reason to believe that it had been or was to be used to make infringing copies or phonorecords,

order that the infringing copies or phonorecords ormachine or device be delivery up to the copyright owner or to such other person as the court may direct.

(2) An order may be made by the court of its own motion or on the application of the prosecution and may be made whether or not the person is convicted of the offence, so however, that the court shall not make an order —

Order to delivery up in criminal proceedings.

Application of provisions as to entry and search.

Provision for restricting importation of infringing phonorecords or copies.

Ch. 293.

Ch. 293.

(a)
after the time specified in section 123; or
(b)
if it appears to the court unlikely that any order will be made under this section 122.
(3)
An appeal shall lie to the Court of Appeal froman order made under this section by a Magistrate’s Court.
(4)
A person to whom an infringing copy orphonorecord or machine or device is delivered up in pursuance of an order under this section shall retain it pending the making of an order or the decision not to make an order under section 122.

Supplementary

  1. For the purpose of this Part, the provisions of sections 124 and 125 shall apply in respect of the entry andsearch of any premises.

    1. (1) The owner of the copyright in any published literary, dramatic, choreographic, artistic or musical work may give notice in writing to the Comptroller of Customs —

      1. that he is the owner of the copyright in the work;and

      2. that he request the Comptroller to treat asprohibited goods under the Customs Management Act, during a period specified in the notice, copies of such work which are infringing copies.

(2)
The period specified in a notice given under subsection (1) shall not exceed five years and shall not extend beyond the end of the period for which thecopyright may subsist.
(3)
The owner of the copyright in a sound recording or motion picture or other audiovisual work may givenotice in writing to the Comptroller of Customs —
(a)
that he is the owner of the copyright in the work;
(b)
that infringing copies or phonorecords of thework are expected to arrive in The Bahamas at a time and a place specified in the notice; and
(c)
that he requests the Comptroller to treat suchcopies or phonorecords as prohibited goodsunder the Customs Management Act.
(4)
Subject to subsection (5), where a notice has been given in accordance with this section, the importationinto The Bahamas of goods to which the notice relates is prohibited; but notwithstanding anything contained in the Customs Management Act, a person is not liable to any penalty under that Act other than forfeiture of the goods by reason that any goods are treated as prohibited goods by virtue of this section.
(5)
The importation of any machine, device, copy or phonorecord by a person for his private and domestic use is not prohibited under subsection (4).
(6)
A person giving notice under this section shall —
(a)
comply with such conditions as the Minister, after consultation with the Comptroller ofCustoms, may by regulation prescribe; and
(b)
satisfy such requirements as may be so prescribed in connection with the giving of thenotice, including any requirement relating to —
(i)
the form of the notice;
(ii)
the furnishing of evidence, whether ongiving notice, or on the importation of thegoods, or at both such times;

(iii) the payment of fees in respect of the notice;

(iv)
the giving of security in respect of any liability or expense which the Comptroller of Customs may incur in consequence of the notice by reason of, the detention ofcopies, phonorecords, machine, device or article or anything done to copies,phonorecords, machine, device or article detained;
(v)
the indemnification of the Comptroller ofCustoms against any such liability or expenses whether security has been, given or not;
(vi)
any incidental or supplementary matters,

and the regulations may make different provisions as respect different classes of cases.

Ch. 293.

Definition of “sufficient acknowledgement”.

Research and private study and teaching.

Criticism, review and reporting.

Determining fair dealing.

PART VII

EXCEPTIONS TO INFRINGEMENT OF COPYRIGHT

Preliminary

57. For the purposes of this Part, “sufficient acknowledgement” means an acknowledgementidentifying the work in question by its title or other description and identifying the author, unless —

(a)
in the case of a published work, it is publishedanonymously or the author agreed or required that no acknowledgement of him should be made;
(b)
in the case of an unpublished work, it is notpossible for a person to ascertain the identity of the author by reasonable inquiry.

General Exceptions

58. (1) Subject to section 60, fair dealing with a copyright work, including such use by reproduction in copies or phonorecords for purposes such as research,private study, scholarship or teaching does not infringe copyright in the work.

(2) For the purposes of subsection (1), teachingshall mean instruction at an educational establishment.

59. (1) Subject to section 60, fair dealing with a protected work —

(a)
for purposes of criticism, comment, parody or review; or
(b)
for the purpose of reporting current events,

does not infringe copyright in the work so long as it isaccompanied by sufficient acknowledgement.

(2) No acknowledgement is required in connection with the reporting of current events by means of a sound recording or audiovisual work.

60. For the purpose of determining whether an act done in relation to a work constitutes fair dealing, the court determining the question shall take account of all factors which appear to it to be relevant, including —

(a)
the nature of the work in question;
(b)
the amount and substantiality of that part of the work affected by the act in relation to the wholeof the work;
(c)
the purpose and character of the use, includingwhether such use is of a commercial nature or is for non-profit educational purposes; and
(d)
the effect of the act upon the potential market for, or the commercial value of, the work.

61. Copyright in a work is not infringed —

(a)
by its incidental inclusion in copies, phonorecords, transmission programme; or
(b)
by the distribution to the public of copies orphonorecords or the public performance of anything whose making was not an infringementof copyright by virtue of paragraph (a),

and for purposes of this section, a musical work, or so much of a sound recording, broadcast or transmission programme as includes a musical work or such words, shall not be regarded as incidentally included if it is deliberately included.

Use of Work for Educational Purposes

62. (1) Copyright in a literary, dramatic, musical, choreographic or artistic work is not infringed by its being reproduced in the course of instruction or of preparation forinstruction, provided the reproduction is done by a person giving or receiving instruction and is not by means of areprographic process.

(2)
Copyright in sound recordings, motion pictures, and audiovisual works, is not infringed by its beingreproduced in a single copy or phonorecord in the course of instruction or of preparation for instruction, in the making of motion pictures or motion picture soundtracks, provided the reproduction is done by a person giving theinstruction and such copy reproduced is retained by the department of educational establishment in which the instruction is being given.
(3)
For the purposes of subsection (2), the educational establishment must be one with an accredited degree programme in motion pictures.

Incidental inclusion of protected work.

Acts done for purposes of instruction or examination.

Collective works for educational use.

Fixation of transmission by educational establishment.

Restriction on reproduction by educational establishment.

(4) Copyright in a work is not infringed by anything done for the purposes of an examination by way of settingthe questions, communicating the questions to candidates or answering the questions.

63. (1) The inclusion in a collective work createdspecifically for use in educational establishments of a short passage from literary, musical or dramatic works published in copies does not infringe copyright in the workif —

(a)
the collective work is described in the title and in any advertisements thereof distributed by or on behalf of the publisher, as being so intended;
(b)
the work was not itself published for use ofeducational establishments;
(c)
the collective work consists mainly of public domain works; and
(d)
the inclusion is accompanied by a sufficient acknowledgement.
(2)
Subsection (1) does not authorize the inclusion of more than two excerpts from protected works by the same author in collective works published by the samepublisher over any period of five years.
(3)
In relation to any given passage, the reference insubsection (2) to excerpts from works by the sameauthor —
(a)
shall be taken to include excerpts from works by him in collaboration with another; and
(b)
if the passage in question is from such a work,shall be taken to include excerpts from works byany of the authors, whether alone or in collaboration with another.

64. The transmission of a performance or display may be reproduced in a single copy or phonorecord by an educational establishment for the educational purposes ofthat establishment without thereby infringing the copyright

in the work if such performance or display is directlyrelated to the course content.

65. (1) Subject to the provisions of this section, the reproduction of copies from published literary, dramatic or musical works may be made by or on behalf of an educational establishment for the purposes of instruction

without infringing any copyright in the work.

(2) Not more than five per cent of any work may bereproduced by or on behalf of an educational establishment by virtue of this section in any quarter, that is to say, in any period 1st January to 31st March, 1st April to 30th June,1st July to 30th September or 1st October to 31st December.

66. (1) Where a reproduction of a work would be an infringing copy or phonorecord if the making thereof were not authorized under section 62, 64 or 65 and such copy or phonorecord is subsequently dealt with, it shall be treated as an infringing copy or phonorecord for the purposes ofthat dealing as if that dealing infringes copyright for allsubsequent purposes.

(2) In subsection (1), “dealt with” means sold, or let for hire or offered or exposed for sale or hire.

Exceptions affecting Libraries and Archives

67. (1) In sections 68, 69, 70 and 71, references to a librarian or archivist shall include references to a person acting on his behalf.

(2)
Regulations made by the Minister may provide that a librarian or archivist who is, pursuant to sections 68, 69, 70 and 71, required to be satisfied as to a matter before making or supplying a copy or phonorecord of a work —
(a)
is entitled to rely on a declaration as to that matter signed by the person requesting the copy or phonorecord, unless he is aware that the declaration is false in any material particular;
(b)
in such cases as may be prescribed, shall not make or supply a copy or phonorecord to any person in the absence of a declaration by that person.
(3)
Where a person requesting a copy or phonorecord makes a declaration that is false in a material particular and is supplied with a copy or phonorecordwhich would have been an infringing copy or phonorecordif made by him, that person shall be liable for infringementof copyright as if he had reproduced the copy or phonorecord himself, and the copy or phonorecord supplied shall be treated as an infringing copy orphonorecord.

Subsequent dealings with authorized copies or phonorecords.

Interpretation of references; regulations.

Distribution by librarian of copies or phonorecords of published works.

Supply of copies and phonorecords to other libraries.

Replacing copies of works.

68. (1) The librarian of a prescribed library or the archivist of a prescribed archive may reproduce a single copy or phonorecord work or distribute such copy or phonorecord, if the following conditions are complied with —

(a)
the collections of the library or of the archive are open to the public, or available not only toresearchers affiliated with the library or archive or with the institution of which it is a part, but also to persons doing research in a specialised field; and
(b)
the reproduction or distribution of the workincludes a notice of copyright.
(2)
The conditions prescribed pursuant to subsection

(1) shall include the following —

(a)
that copies shall be supplied only to personssatisfying the librarian or archivist that theyrequire them for purposes of research or privatestudy, and will not use them for any other purpose; and
(b)
that persons to whom copies are supplied are required to pay a sum not less than the cost(including a contribution to the general expenses of the library or archive) attributable to their production.
  1. The librarian of a prescribed library or archivist of a prescribed archive may, if the prescribed conditionsare complied with, reproduce and distribute to another prescribed library or prescribed archive a single copy or phonorecord of a published work without infringing anycopyright in the work.

    1. (1) The librarian of a prescribed library orarchivist of a prescribed archive may, if the prescribedconditions are complied with, reproduce a single copy or phonorecord from any published work in the permanent collection of the library or archive for the purpose of —

      1. preserving or replacing the item by placing the reproduction in such permanent collection to or in place of the work;

      2. replacing in the permanent collection of another prescribed library or prescribed archive a workwhich has been lost, destroyed or damaged,

without infringing the copyright in any work.

(2) The prescribed conditions shall include provisionsrestricting the reproduction of copies or phonorecords to cases where it is not reasonably practicable to purchase the work in question for the purpose.

71. (1) Subject to subsection (2), the librarian of a prescribed library or archivist of a prescribed archive may, if the prescribed conditions are complied with, reproduce and distribute a single copy or phonorecord or a part of acopy or phonorecord without infringing any copyright inthe work.

(2)
Subsection (1) shall not apply where —
(a)
the work had been published before the document was in the library or archive; or
(b)
the copyright owner has prohibited the reproduction of the work,

and at the time the reproduction of the copy orphonorecord, the librarian or archivist ought to have been aware of that fact.

(3) The prescribed conditions shall include thefollowing —

(a)
that copies and phonorecords are supplied onlyto persons satisfying the librarian or archivist that they require them for purposes of teaching,research or private study and will not use them for any other purpose;
(b)
that no person is furnished with any more than one copy or phonorecord of the same material; and
(c)
that no person to whom copies are supplied are required to pay a sum not less than the cost(including a contribution to the general expenses of the library or archive) attributable to their production.

Exceptions relating to Public Administration

72. (1) Copyright in a work is not infringed byanything done for the purposes of Parliamentary or judicial proceedings, or, subject to subsection (3), for the purposes of reporting such proceedings.

Reproduction of any unpublished works.

Parliamentary and judicial proceedings and statutory inquiries.

Scope of exclusive right in artistic works.

(2)
Copyright in a work is not infringed by anything done for the purposes of the proceedings of a statutory inquiry or, subject to subsection (3), for the purposes of reporting any such proceedings held in public.
(3)
The provisions of subsections (1) and (2)relating to the reporting of proceedings shall not be construed as authorizing the reproduction of a work which is itself a published report of the proceedings.
(4)
Copyright in a work is not infringed by thedistribution to the public of copies of the report of a statutory inquiry containing the work or material from it.
(5)
In this section, “statutory inquiry” means an inquiry held or investigation conducted in pursuance of a duty imposed or power conferred by or under any written law.

73. (1) Subject to the provisions of subsections (2) and (3), the exclusive right to reproduce a copyright artistic work in copies under section 9 includes the right toreproduce the work in or on any kind of article, whetheruseful or otherwise.

(2) In the case of a work lawfully reproduced inuseful articles that have been offered for sale or other distribution to the public, copyright does not include the right to prevent the making, distribution or display of pictures or photographs of such articles in connection with advertisements or commentaries related to the distribution or display of such articles, or in connection with news reports.

(3)
In a case in which —
(a)
a work of visual art has been incorporated in or made part of a building in such a way that removing the work from the building will cause the derogatory treatment as described in subsection (4) of section 12; and
(b)
the author consented to the installation of the work in the building in a written instrument that is signed by the owner of the building thatspecifies that installation of the work may subject the work to a derogatory treatment by reason of its removal,

then rights conferred by subsection (1)(a) and (b) of section 12 shall not apply.

(4)
If the owner of a building wishes to remove a work of visual art which is a part of such building and which can be removed from the building without a derogatory treatment of the work as described in subsection (4) of section 12, the author’s rights under subsection (1)(a) and
(b)
of section 12 shall apply unless —
(a)
the owner has made a diligent, good faithattempt without success to notify the author ofthe owner’s intended action affecting the work of visual art; or
(b)
the owner did provide such notice in writing andthe person so notified failed, within forty-twodays after receiving such notice, either to remove the work or to pay for its removal.
(5)
For the purposes of subsection (4)(a), the ownershall be presumed to have made a diligent, good faith attempt to send notice if the owner sent such notice by registered mail to the author at the most recent address of the author that was recorded with the Registrar pursuant to subsection (7).
(6)
If the work is removed at the expense of the author, title to that copy shall be deemed to be in theauthor.
(7)
The Registrar shall establish a system of records whereby any author of a work of visual art that has beenincorporated in, or made part of a building, may record his identity and address with the Registry; and the Registrar shall also establish procedures under which any suchauthor may update the information so recorded, and procedures under which owners of buildings may record with the Registry evidence of their efforts to comply with this subsection.

74. (1) The exclusive rights of the owner of copyright in a sound recording are limited to the rights specified in subsection (1)(a), (b) and (c) of section 9 and do not include any right of performance under subsection (1)(d) of section 9.

(2) The exclusive right of the owner of copyright ina sound recording under subsection (1)(a) of section 9 is limited to the right to duplicate the sound recording in the form of phonorecords, or of copies of motion pictures and other audiovisual works, that directly or indirectlyrecapture the actual sounds fixed in the recording.

Extent of exclusive rights in sound recording.

Exemption of certain performances and displays.

(3)
The exclusive right of the owner of copyright ina sound recording under subsection (1)(c) of section 9 is limited to the right to prepare a derivative work in whichthe actual sounds fixed in a sound recording arerearranged, remixed, or otherwise altered in sequence orquality.
(4)
The exclusive rights of the owner of copyright in a sound recording under subsection (1)(a) and (c) ofsection 9 do not extend to the making or duplication of another sound recording that consists entirely of an independent fixation of other sounds, even though such sounds imitate or simulate those in a copyright sound recording.
(5)
The exclusive rights of the owner of copyright in a sound recording under subsection (1)(a), (b) and (c) ofsection 9 do not apply to educational programmes ontelevision or radio which are distributed or transmitted by or through public broadcasting entities provided that copies or phonorecords are not commercially distributed by orthrough public broadcasting entities to the general public.
(6)
This section does not limit or impair the exclusive right to perform publicly, by means of aphonorecord, any of the works specified by subsection(1)(d) of section 9.

75. Notwithstanding the provisions of section 9, the following are not infringement of copyright —

(a)
performance or display of a work by instructors or pupils in the course of teaching activities inan educational establishment, in a classroom or similar place of instruction, unless, in the case of a motion picture, or the display of individual images, the performance or display of the work was given by means of a copy that was not lawfully made under this Act, and that theperson responsible for the performance knew or had reason to believe it was not lawfully made;
(b)
performance of a non-dramatic, literary ormusical work or display of a work, by or in thecourse of a transmission, if —
(i)
the performance or display is a regular partof the systematic instructional activities of a governmental body or educational establishment,
(ii)
the performance or display is directly related and is of material assistance to the teaching content of the transmission, and
(iii) the transmission is made primarily for —
(A)
reception in classrooms or similar places of instruction, or
(B)
reception by persons to whom the transmission is directed because their disabilities or other specialcircumstances prevent their attendance in classrooms or similar places of instruction, or
(C)
reception by officers or employees of governmental bodies as a part of theirofficial duties or employment;
(c)
performance of a non-dramatic literary ormusical work or of a dramatic-musical work of a religious nature, or display of a work, in thecourse of services at a place of worship or other religious assembly;
(d)
performance of a non-dramatic literary ormusical work otherwise than in a transmission to the public, without any purpose of direct orindirect commercial advantage and without payment of any fee or other compensation for the performance to any of its performers, promoters or organizers, if —
(i)
there is no direct or indirect admission charge, or
(ii)
the proceeds, after deducting the reasonable costs of producing the performance, are used exclusively foreducational, religious, or charitable purposes and not for private financial gain,except where the copyright owner has served notice of objection to the performance under the following conditions —
(A)
the notice shall be in writing and signed by the copyright owner orsuch owner’s duly authorized agent,
(B)
the notice shall be served on the person responsible for the performance at least seven days before the date of performance, and shall state the reasons for the objection, and
(C)
the notice shall comply, in form, content and manner of service, with requirements that the Minister, after consultation with the Registrar, may prescribe by regulation;
(e)
communication of a transmission embodying aperformance or display of a work by the public reception of the transmission on a single receiving apparatus of a kind commonly used inprivate homes, unless —
(i)
a direct charge is made to see or hear the transmission, or
(ii)
the transmission thus received is further transmitted to the public;
(f)
performance of a non-dramatic musical work by a vending establishment open to the public at large without any direct or indirect admission charge, where the sole purpose of the performance is to promote the retail sale of copies or phonorecords of the work, and theperformance is not transmitted beyond the place where the establishment is located and is within the immediate area where the sale is occurring;
(g)
performance of non-dramatic literary work, by or in the course of transmission specifically designed for and primarily directed to blind or other handicapped persons who are unable toread normal printed material as a result of theirhandicap, or deaf or other handicapped personswho are unable to hear the aural signalsaccompanying a transmission of visual signals, if the performance is made without any purpose of direct or indirect commercial advantage and its transmission is made through the facilities of —
(i)
a governmental body, or
(ii)
a cable system, or
(iii) a non-commercial educational broadcast station;
(h)
performance on a single occasion of a dramatic literary work published at least five years beforethe date of the performance, by or in the course of a transmission specifically designed for and primarily directed to blind or other handicapped

persons who are unable to read normal printed material as a result of the handicap, if the performance is made without any purpose of direct or indirect commercial advantage and itstransmission is made through the facilities of agovernmental body.

76. (1) Notwithstanding the provisions of section 9, itExceptions

relating to

is not an infringement for the owner of a copy of a computer

computer

program to make or authorize the making of another copy or

programs.

adaptation of the computer program provided —

(a)
that such a new copy or adaptation is created as an essential step in the utilisation of the computerprogram in conjunction with a machine and that itis used in no other manner; or
(b)
that such new copy or adaptation is for archivalpurposes only and that all archival copies aredestroyed in the event that continued possessionof the computer program should cease to be rightful.
(2)
Any exact copies prepared in accordance with the provisions of this section may be sold or otherwise transferred, along with the copy from which such copieswere prepared, only as part of the sale, or other transfer of all rights in the program.
(3)
Adaptations so prepared may be transferred only with the authorization of the copyright owner.

77. The reading or recitation in public of any Reading or

recitation in

reasonable extract from a published literary or dramatic

public.

work is not an infringement of copyright in the work, ifaccompanied by a sufficient acknowledgement.

78. (1) The copyright in an architectural work thatExceptions

relating to

has been constructed does not include the right to prevent

architectural

the making, distributing or public display of pictures,

works.

paintings, photographs or other pictorial representations ofthe work, if the building in which the work is embodied is located in or is ordinarily visible from a public place.

(2) Notwithstanding the provisions of subsection(1)(c) of section 9, the owners of a building embodying anarchitectural work may, without the consent of the author orcopyright owner of the architectural work, make

Exceptions relating to artistic works visible from a public place.

Compulsory licence for making distributing phonorecords.

or authorize the making of alterations to such building, and destroy or authorize the destruction of such building.

79. (1) The copyright in an artistic work does notinclude the right to prevent the making, distributing orpublic display of pictures, paintings, photographs or other pictorial representations of the work if the work is located in or ordinarily visible from a public place.

(2)
This section applies to —
(a)
buildings;
(b)
sculptures, models of buildings and artisticworks, if permanently situated in a public placeor in premises open to the public.

Miscellaneous Exceptions relating to Sound Recordings

80. (1) In the case of non-dramatic musical works, the exclusive rights provided by section 9(1)(a) and (b) to make and distribute phonorecords of such works are subject to compulsory licensing under the conditions specified by this section.

(2)
Where phonorecords of a non-dramatic musical work has been distributed to the public in The Bahamas under the authority of the copyright owner, any otherperson may obtain a compulsory licence to make and distribute phonorecords of the work if such person’sprimary purpose in making phonorecords is to distribute them to the public for private use and that person —
(a)
notifies the copyright owner or agency acting on behalf of the copyright owner of his intention to obtain a compulsory licence under this section;
(b)
pays royalties at the prescribed rate; and
(c)
complies with such conditions relating to notice,method and time of payment, and other matters, as may be imposed by the copyright owner or an agency which acts on behalf of the copyright owner.
(3)
A person may not obtain a compulsory licence for use of the work in the making of phonorecordsduplicating a sound recording fixed by another, unless —
(a)
such sound recording was fixed lawfully; and
(b)
the making of the phonorecord was authorized by the owner of copyright in the sound recording.
(4)
A compulsory licence includes the privilege of making a musical arrangement of the work to the extent necessary to conform it to the style or manner of interpretation of the performance involved, but the arrangement shall not change the basic melody orfundamental character of the work, and shall not be subject to protection as a derivative work under this Act, except with the express written consent of the copyright owner.
(5)
The prescribed rate provided by subsection(2)(b) shall be payable for every phonorecord made and distributed in accordance with the licence; and a phonorecord is considered “distributed” if the person exercising the compulsory licence has voluntarily and permanently parted with its possession.
(6)
A compulsory licence under this section includes the right of the maker of a phonorecord of a non-dramatic musical work under subsection (2) to distribute or authorize distribution of such phonorecords by sale, loan, rental or other transfer of ownership.

81. (1) Notwithstanding the provisions of section 9 and except in the case of a motion picture or otheraudiovisual work, it is not an infringement of copyright fora transmitting organization entitled to transmit to the public a performance or display of a work, under a licence or transfer of copyright or under limitations on exclusive rights in sound recordings specified by subsection (1) of section 74, to make no more than one copy or phonorecord of a particular transmission programme embodying the performance or display, if —

(a)
the copy or phonorecord is retained and usedsolely by the transmitting organization that made it, and no further copies or phonorecords arereproduced from it;
(b)
the copy or phonorecord is used solely for thetransmitting organization’s own transmissions within its local service area, or for purposes of archival preservation or security; and
(c)
unless preserved exclusively for archival purposes, the copy or phonorecord is destroyedwithin six months from the date the transmission programme was first transmitted to the public.

Exceptions respecting ephemeral recordings.

(2)
Notwithstanding the provisions of section 9, it isnot an infringement of copyright for a governmental body or other non-profit organization entitled to transmit a performance or display of a work, under paragraph (b) of section 75 or under limitations on exclusive rights in sound recordings specified by subsection (1) of section 74, to make no more than five copies or phonorecords of a particular transmission programme embodying the performance or display, if —
(a)
no further copies or phonorecords are reproduced from the copies or phonorecords made under this subsection; and
(b)
except for one copy or phonorecord that may be preserved exclusively for archival purposes, the copies or phonorecords are destroyed within two years from the date the transmission programmewas first transmitted to the public.
(3)
Notwithstanding the provisions of section 9, it is not an infringement of copyright for a governmental body or othernon-profit organization to make for distribution no more than one copy or phonorecord, for each transmitting organization specified in paragraph (b) of a particular transmission programme embodying a performance of a non-dramatic musical work of a religious nature, or of a sound recording of such a musical work, if —
(a)
there is no direct or indirect charge for making or distributing any such copies or phonorecords;
(b)
none of such copies or phonorecords is used for any performance other than a singletransmission to the public by a transmittingorganization entitled to transmit to the public a performance of the work under a licence or transfer of the copyright; and
(c)
except for one copy or phonorecord that may be preserved exclusively for archival purposes, the copies or phonorecords are all destroyed within one year from the date the transmission programme was first transmitted to the public.
(4)
Notwithstanding the provisions of section 9, it isnot an infringement of copyright for a governmental body or any non-profit organization entitled to transmit a performance of a work under paragraph (g) of section 75,

to make no more than five copies or phonorecords embodying the performance, or to permit the use of any copy or phonorecord by any other governmental body or non-profit organization entitled to transmit a performanceof a work under paragraph (g) of section 75, if —

(a)
any such copy or phonorecord is retained and used solely by the organization that made it, or by a governmental body or non-profitorganization entitled to transmit a performance under paragraph (g) of section 75, and no furthercopies or phonorecords are reproduced from it;
(b)
any such copy or phonorecord is used solely fortransmissions authorized under section 82, or for purposes of archival preservation or security;and
(c)
the governmental body or non-profitorganization permitting the use of any such copy or phonorecord by any other governmental body or other non-profit organization under thissubsection does not make any charge for such use.

(5) The transmission programme embodied in acopy or phonorecord made under this section is not subject to protection as a derivative work under this Act except with the express written consent of the owners of copyright in the pre-existing works employed in the programme.

  1. Copyright is not infringed by the reproduction oruse by a transmitting organization, for the purpose of maintaining supervision and control over programmes and advertisements transmitted by that organization, of copies or phonorecords of those programmes and advertisements.

  2. Where a copyright work is transmitted with the licence of the copyright owner from a place in TheBahamas or outside The Bahamas, any person may, without obtaining the licence of the copyright owner or a waiver of moral rights from the author, incorporate the work (by means of the reception of the transmission) in a cable system:

Provided that —

(a)
the person is licensed to operate a cable system in The Bahamas;
(b)
it is a secondary transmission;

Recording transmissions for programme control.

Reception and re-transmission of broadcast in cable system.

Fixation for purposes of time shifting.

Power of Minister to prescribe exception to infringement.

(c)
except as may be required by any applicablelaws or regulations, the transmission programmein which a copyright work is incorporated istransmitted without alteration of any kind other than substitutions made with the written consent of the primary transmitter; and
(d)
the copyright owner shall be entitled to receivefrom the person providing the cable service, equitable remuneration at the prescribed rate inrespect of the transmission,

and for the purposes of this section, an alteration to atransmission or transmission programme includes the addition thereto of new material not contained in the primary transmission, or the omission from the transmission of any material contained in the primary transmission; and the term material includes a commercial advertisement.

  1. The fixing of a transmission in a copy or phonorecord for private and domestic use solely for the purpose of enabling it to be viewed or listened to at a moreconvenient time is not an infringement of copyright.

  2. (1) Subject to the provisions of this section, theMinister may, by order, provide that the copyright in a work of the description or category specified in the order is not infringed where, in relation to such work, such acts asare specified in the order are done in the circumstances so specified.

(2)
The Minister shall not make an order under subsection (1) unless he is satisfied that the acts specifiedin the order in relation to the work —
(a)
are necessary in the public interest in connectionwith an event of national importance;
(b)
would not conflict with the normal exploitation of the work; and
(c)
would not unreasonably prejudice the legitimateinterest of the owner of the copyright in the work.
(3)
An order made under subsection (1) shall make provision for the payment of equitable remuneration to the copyright owner to be agreed upon by the Minister and thecopyright owner; and such order may contain such consequential, supplemental or ancillary provisions as

appear to the Minister to be necessary or expedient for the purpose of giving effect to the order.

PART VIII THE COPYRIGHT ROYALTY TRIBUNAL

86. (1) There is hereby established for the purposeof this Act a tribunal to be called the Copyright Royalty Tribunal.

(2)
The provisions of the Schedule shall have effectas to the constitution of the Tribunal and otherwise in relation thereto.
87. (1) The functions of the Tribunal shall be —
(a)
to keep under review the prescribed rate ofroyalty payable to the copyright owner inconnection with subsection (2)(b) of section 80 so as to —
(i)
afford the copyright owner a fair return forhis creative work;
(ii)
maximize the availability of creative work to the public;

(iii) to minimize any disruptive impact on the structure of the industries involved and on generally prevailing practices of thoseindustries;

(b)
to make recommendations to the Minister on the rate of royalties or other payments payable in respect of the use or presentation in suchnational cultural event as he may by order designate, or any works or performance in which copyright or other rights subsist;
(c)
to receive, allocate and distribute royalties under paragraph (d) of section 83.
(2)
In relation to its functions under paragraph (a) of subsection (1), the Tribunal may from time to time on its own initiative and shall, on request made in writing by theMinister, enquire into the appropriateness of such rate and make such recommendations to the Minister with respect thereto as it thinks fit.

Establishment of Copyright Royalty Tribunal.

Tribunal Schedule.

Jurisdiction of Tribunal.

Organization and general responsibilities of the Copyright Registry.

Copyright Registry regulations.

Effective date of actions in Registry.

PART IX THE COPYRIGHT REGISTRY

88. (1) All administrative functions under this Act, except as otherwise specified, are the responsibility of theRegistrar of Copyrights.

(2)
The Registrar of Copyrights shall be a counsel and attorney of at least five years standing of the BahamasBar appointed by the Governor-General acting in accordance with the advice of the Judicial and Legal Services Commission.
(3)
The Governor-General, acting in accordance with the advice of the Judicial and Legal ServiceCommission, may appoint a Deputy Registrar of Copyright who shall assist the Registrar in the discharge of his functions and who may, subject to the directions of the Registrar, perform any of the functions of the Registrar.
(4) The appointment of persons under subsections
(2)
and (3) shall be made on such terms as to emoluments, allowances and pensions rights as the Governor-General may determine and all such emoluments, allowances and pensions rights shall be made payable out of theConsolidated Fund by warrant in the usual manner.
(5)
The Registry of the Registrar of Copyrights shallbe known as the Copyright Registry.
(6)
The Registrar shall act under the generaldirection and supervision of the Minister.
(7)
The Registrar shall adopt a seal to be used toauthenticate all certified documents issued by the Registry.
(8)
The Registrar shall make an annual report to the Minister of the work and accomplishments of the Registryduring the previous fiscal year.
  1. The Minister, after consultation with the Registrar, may prescribe, by regulations, for the administration of the functions made the responsibility of the Registrar under this Act.

  2. In any case in which time limits are prescribed under this Act for the performance of an action in the Registry, and which the last day of the prescribed period falls on a Saturday, Sunday, or public holiday or other non-business day, the action may be taken on the next succeeding business day, and is effective as of the date when the period expires.

  3. (1) Upon their deposit in the Registry under sections 32 and 33, all copies, phonorecords, and identifying material, including those deposited in connection with claims that have been refused registration, are the property of the Government.

(2)
In the case of published works, all copies,phonorecords, and identifying materials are available to the Department of Archives for its collections; and, in the case of unpublished works, the Department of Archives is entitled, under regulations that the Minister, after consultation with the Registrar, may prescribe, to selectany deposits for its collections.
(3)
The Registrar is authorized, for specific orgeneral categories of works, to make a facsimile reproduction of all or any part of the material deposited under section 33 and to make such reproduction a part of the Registry’s records of the registration, before transferring such material to the Department of Archives asprovided by subsection (2), or before destroying orotherwise disposing of such material as provided by subsection (4).
(4)
Deposits not selected by the Department of Archives under subsection (2) or identifying portions or reproductions of them, shall be retained under the control of the Registry for the longest period considered practicable and desirable by the Registrar and after thatperiod, it is within the discretion of the Registrar to order their destruction or other disposition; but, in the case of unpublished works, no deposit shall be knowingly orintentionally destroyed or otherwise disposed of during itsterm of copyright unless a facsimile reproduction of theentire deposit has been made a part of the Registry’s records as provided by subsection (3).
(5)
The depositor of copies, phonorecords or identifying material under section 33, or the copyright owner of record, may request retention, under the control of the Registry, of one or more of such articles for the full term of copyright; and the Minister, after consultation with the Registrar, may prescribe, by regulations, the conditions under which such requests are to be made and granted and shall fix the fee to be charged under subsection (1)(h) of section 95 if the request is granted.

Retention and disposition of articles deposited in Registry.

Preparation, maintenance, public inspection and searching of Registry records.

Registry’s records.

Registry’s forms and publications.

92. (1) The Registrar shall provide and keep in the Registry records of all deposits, registrations, recordings,and other actions taken under this Act, and shall prepareindexes of all such records.

(2)
Such records and indexes, as well as the articles deposited in connection with completed copyrightregistrations and retained under the control of the Registry, shall be open to public inspection.
(3)
Upon request and payment of the fee specified by section 95, the Registry shall make a search of its public records, indexes, and deposits, and shall furnish a report of the information they disclose with respect to any particulardeposits, registrations or recorded documents.

93. (1) Copies of any public records kept by the Registry in accordance with this Act may be obtained upon request on payment of the fees specified by section 95.

(2) Copies or reproductions of deposited articles retained, under the control of the Registry shall be authorized or furnished only under the conditions prescribed by regulations.

94. (1) The Registrar shall compile and publish at periodic intervals catalogues of all copyright registrations and these catalogues shall be divided into parts inaccordance with the various classes of works; and the Registrar may determine; on the basis of practicability and usefulness, the form and frequency of publication of each particular part.

(2)
The Registrar shall furnish free of charge upon request, application forms for copyright registration and material of general information in connection with the functions of the Registry.
(3)
The Registrar may publish compilations of information, bibliographies, and other material he considers to be of value to the public.
(4)
All publications of the Registry shall be furnished to prescribed libraries and, aside from thosefurnished free of charge, shall be offered for sale to the public at prices based on the cost of reproduction and distribution.

95. (1) The following fees shall be paid to the Registrar —

(a)
on filing each application under section 33 for registration of a copyright claim or for supplementary registration, including the issuance of a certificate of registration, $10;
(b)
for the issuance of a receipt for a deposit undersection 32, $2;
(c)
for the recording, as provided by section 27, of atransfer of copyright ownership or other document covering not more than one title, $10; for additional titles, $10 for each group of not more than ten titles;
(d)
for the recording, under section 10(4), of astatement revealing the identity of an author of an anonymous or pseudonymous work, or for the recording, under section 10(8) of a statementrelating to the death of an author, $10 for adocument covering not more than one title; for each additional title, $2;
(e)
for the issuance, under section 93 of an additional certificate of registration, $5;
(f)
for the issuance of any other certification, $15for each hour or fraction of an hour consumed with respect thereto;
(g)
for the making and reporting of a search as provided by section 92, and for any relatedservices, $20 for each hour or fraction of an hour consumed with respect thereto; and
(h)
for any other special services requiring asubstantial amount of time or expense, such fees as the Minister, after consultation with the Registrar, may prescribe on the basis of the costof providing the service,

and the Minister, after consultation with the Registrar, may prescribe fees for preparing copies of Registry’s records,whether or not such copies are certified, on the basis of the cost of such preparation.

(2) The Minister may by order vary any feeprescribed under subsection (1).

Registry’s fees.

Reproduction for use of the blind and physically handicapped.

Conferment of rights in live performances.

(3)
The fees prescribed by or under this section are applicable to any work of the Bahamas Government but theRegistrar may waive the requirement of this subsection inrespect of the Government.
(4)
All fees received under this section shall be paid into the Consolidated Fund.

(5) The Registrar may, in accordance with

regulations prescribed by the Minister, refund any sum paid by mistake or in excess of the fee required undersubsection (1).

96. The Minister, after consultation with the Registrar, may prescribe standardised forms and procedures by which, at the time applications covering certain specified categories of non-dramatic literary works

are submitted for registration under section 33, the copyright owner may voluntarily grant to the Registry a licence to reproduce the copyright work by means of Braille or similar tactile symbols, or by fixation of areading of the work in a phonorecord, or both, and to distribute the resulting copies or phonorecords solely for the use of the blind and physically handicapped and under limited conditions to be specified in the standardised forms.

PART X RIGHTS IN LIVE PERFORMANCES

97. (1) By virtue of, and subject to the provisions of this Part, rights are conferred on —

(a)
a performer, requiring his consent to the exploitation of his performance and
(b)
a person having recording rights in relation to a performance, requiring his consent to the fixing of that performance in copies or phonorecords.

(2) The rights conferred by this Part are independent of —

(a)
any copyright in or moral rights relating to any work used or performed in the performance; and
(b)
any other right or obligation arising otherwise than under this Part.

Performer’s Rights

98. A performer’s rights are infringed by a person who, without his consent —

(a)
reproduces in copies or phonorecords otherwise than for his private or domestic use, the whole or any substantial part of a qualifying performance; or
(b)
performs publicly the whole or any substantial part of a qualifying performance.
  1. A performer’s rights are infringed by a person who, without his consent, displays or performs publicly thewhole or any substantial part of a qualifying performance by means of a copy or phonorecord which was fixed without the performer’s consent and that person knows or has reason to believe that it was so fixed.

  2. (1) A performer’s rights are infringed by a person who, without his consent and payment of royalty (which is to be negotiated by the two parties), uses a copy or phonorecord of a qualifying performance (whetherauthorized or not) for the purpose of preparing a derivativework of the copy or phonorecord.

(2) In subsection (1), “preparing a derivative work” means a copy or phonorecord in which the performance is accompanied by lyrics or music or performances notcontained in the copy or phonorecord in which theperformance was first fixed.

101. (1) A performer’s rights are infringed by a person who, without his consent —

(a)
imports into The Bahamas otherwise than for his private and domestic use; or
(b)
in the course of a business, possesses, sells orlets for hire, offers or exposes for sale or hire, or distributes,

a copy or phonorecord of a qualifying performance which is, and which that person knows or has reason to believe isan illicit copy or phonorecord.

(2) Where in an action for infringement of performer’srights brought by virtue of this section a defendant shows thatthe illicit copy or phonorecord was innocently acquired by him or a predecessor in title of his, the remedy

Consent required for recording and/or live transmission of live perfor- mances.

Infringement of performer’s rights by use of copy or phonorecord fixed without consent.

Consent and royalty required for preparing a derivative work of the performance.

Infringement of performer’s rights by importing, possessing etc. illicit copy or phonorecord.

Consent required for fixation of live performance subject to exclusive contract.

Infringement of recording rights by use of copy or phonorecord fixed without consent.

Infringement of recording rights by importing and possessing illicit recording.

in damages available against him in respect of the infringement is an amount not exceeding a reasonable payment in respect of the act complained of.

(3) In subsection (2), “innocently acquired” means that the person acquiring the copy or phonorecord did not know or had no reason to believe that it was an illicit copy or phonorecord.

Rights of Person Having Recording Rights

  1. A person infringes the rights of a person having recording rights in relation to a live performance who, without his consent, fixes the whole or substantial part of the performance otherwise than for his private anddomestic use.

  2. (1) A person infringes the rights of a person having recording rights in relation to a performance who,without his consent, displays or performs publicly thewhole or any substantial part of the performance by meansof a copy or phonorecord which was, and which that person knows or has reason to believe was, made without the appropriate consent.

(2) The reference in subsection (1) to the “appropriate consent” is to the consent of the person who at the time consent was given had recording rights in relation to the performance.

104. (1) A person infringes the rights of a person having recording rights in relation to a performance who,without his consent —

(a)
imports into The Bahamas otherwise than for his private and domestic use; or
(b)
in the course of business, possesses, sells or lets for hire, offers or exposes for sale or hire, ordistributes, a copy or phonorecord of theperformance which is, and which that person knows or has reason to believe is, an illicit copy or phonorecord.

(2) Where in an action for infringement of performer’srights brought by virtue of this section a defendant shows thatthe illicit copy or phonorecord was innocently acquired by him or a predecessor in title of his, the remedy in damages available against him in respect of the infringement is an amount not exceeding a reasonable payment in respect of the act complained of.

(3) In subsection (2), “innocently acquired” means that the person acquiring the copy or phonorecord did not know and had no reason to believe that it was an illicit copy or phonorecord.

Exceptions to Infringement

  1. Notwithstanding the rights in performancesconferred in this Part, any act done in relation to a copy orphonorecord in circumstances specified hereunder does not constitute an infringement of the rights.

    1. Fair dealing with a copy or phonorecord of aperformance —

      1. for the purpose of criticism or review of that or another copy or phonorecord of a performance, or of a work; or

      2. for the purpose of reporting current events,

does not infringe any of the rights conferred by this Part,and the provisions of section 60 shall, with the necessarymodifications, apply in determining whether or not an act constitutes fair dealing.

107. The rights conferred by this Part are notinfringed —

(a)
by the incidental inclusion in sound recordings,motion pictures or other audiovisual works, of aperformance or copy or phonorecord thereof;
(b)
by anything done in relation to copies orphonorecords or by the public display orperformance of anything whose marking was not an infringement of those rights, by virtue of paragraph (a),

and for the purposes of this section, copies or phonorecords of a performance so far as it consists of music or wordsspoken or sung with music, shall not be regarded as incidentally included in a sound recording, motion picture or other audiovisual work if it is deliberately included.

Permitted acts in relation to performances.

Fair dealing for criticism, etc.

Incidental inclusion of a performance or copy or phonorecord thereof.

Reproduction of transmission by educational establishment.

Acts done to performance or copy or phonorecord for Parliamentary proceedings.

Transfer of copy or phonorecord of performance.

108. (1) Whenever a live performance is transmitted to the public, a reproduction of no more than a single copy or phonorecord may be made by or on behalf of an educational establishment without thereby infringing any of the rights conferred by this Part.

(2)
Where a recording which would otherwise be anillicit copy or phonorecord is reproduced in accordance with this section but is subsequently dealt with, it shall betreated as an illicit copy or phonorecord for the purposes of that dealing and if that dealing infringes any right conferred by this Part, for all subsequent purposes.
(3)
In subsection (2), “dealt with” means sold or let for hire, or offered or exposed for sale or hire.

109. The rights conferred by this Part are notinfringed by anything done for the purposes of —

(a)
Parliamentary or judicial proceedings or the reporting of such proceedings;
(b)
the proceedings of a statutory inquiry or thereporting of such proceedings held in public.

110. (1) Where a copy or phonorecord of a liveperformance has been purchased on terms which, expressly or impliedly or by virtue of any rule of law, allow the purchaser to reproduce further copies in connection with his use of the copy or phonorecord, then, in the absence any express terms —

(a)
prohibiting the transfer of the copy or phonorecord by the purchaser;
(b)
imposing obligations which continue after a transfer;
(c)
prohibiting the assignment of any consent;
(d)
terminating any consent on a transfer; or
(e)
providing for the terms on which a transfereemay do the things which the purchaser was permitted to do,

anything which the purchaser was allowed to do may also be done by a transferee without infringement of the rights conferred by this Part, but any copy reproduced by thepurchaser which is not also transferred shall be treated as an illicit recording for all purposes after the transfer.

(2)
Subsection (1) applies where the original purchased copy is no longer usable and what is transferred is a further copy used in its place.
(3)
This section also applies on a subsequenttransfer, with the substitution for references in subsection
(1)
to the purchaser of references to the subsequent transferor.
(4)
This section does not apply in relation to a copypurchased before the commencement of this Act.
  1. The rights conferred by this Part are notinfringed by the reproduction or use by a prescribedbroadcasting organization for the purpose of maintaining supervision and control over programmes transmitted by that organization, of copies or phonorecords of those programmes.

  2. (1) Subject to the provision of this section, theMinister may, by order, provide that the rights conferred by this Part are not infringed by the doing of such acts in relation to the live performances as are specified in the order, where such acts are done in the circumstances so specified.

(2)
The Minister shall not make an order under subsection (1) unless he is satisfied that the acts specifiedin the order —
(a)
are necessary in the public interest in connectionwith an event of national importance;
(b)
would not conflict with the normal exploitation of the live performance; and
(c)
would not unreasonably prejudice the legitimateinterest of the performer or any person having rights in the performance.
(3)
An order made under subsection (1) shall make provision for the payment of equitable remuneration to any person having rights conferred by this Part.

Duration and Transmission of Rights in Live Performances: Consent

  1. The rights conferred by this Part continue to subsist in relation to a performance until the end of the period of seventy years from the end of the calendar year in which the live performance takes place.

  2. (1) The rights conferred by this Part are not assignable or transmissible, except to the extent that performer’s rights are transmissible as provided in this section.

Recordings for supervision and control of programmes.

Order excepting acts from infringing right under this Part.

Duration of rights in live performances.

Transmission of rights in live performances.

Consent.

(2) On the death of a person entitled to performer’s rights —

(a)
the rights pass to such person as he may by testamentary disposition specifically direct; and
(b)
if, or to the extent that there is no such direction, the rights are exercisable by his personalrepresentative,

and references in this Part to the performer, in the context of the person having performer’s rights, shall be construed as references to the person for the time being entitled to exercise those rights.

(3) Where by virtue of paragraph (a) of subsection

(2)
a right becomes exercisable by more than one person, it is exercisable by each of them independently of the others.
(4)
Subsections (1), (2) and (3) are without prejudice to any rights conferred by this Act on a person to whom has been assigned the benefit of an exclusive recording contract or licence to fix copies or phonorecords of a performance.
(5)
Any damages recovered by a personalrepresentative by virtue of this section in respect of an infringement after a person’s death shall devolve as a part of his estate as if the right of action had subsisted and been vested in him immediately before his death.

115. (1) Consent, for the purposes of this Part, shall be by instrument in writing and may be given in relation to a specific live performance, a specified description of live performances, or performances generally; and may relate to past or future performances.

(2)
A person having recording rights in a liveperformance is bound by any consent given by a person through whom he derives his rights under the exclusive recording contract or licence in question, in the samemanner as if the consent had been given by him.
(3)
Where a right conferred by this Part passes toanother person, any consent binding on the personpreviously entitled binds the person to whom the right passes in the same way as if the consent had been given by him.

Remedies for Infringement of Rights in Live Performances

  1. An infringement of any of the rights conferred by this Part is actionable by the person entitled to the right as a breach of statutory duty.

  2. (1) Where a person has in his possession, custody or control, in the course of a business, an illicit recording of a live performance, a person havingperformer’s rights or recording rights under this Part in relation to the performance may apply to the court for an order, that the recording be delivered up to him or to such other person as the court may direct.

(2)
An application shall not be made after the end of the period specified in section 122; and the court shall not make an order under this section unless it also makes an order under section 121 for the disposal of the copy or phonorecord, or it is of the opinion that there are grounds on which an order under this section could be made.
(3)
A person to whom a copy or phonorecord isdelivered up in pursuance of an order under this sectionshall, if an order under section 121 is not made, retain it pending the making of an order, or the decision not to make an order under that section.
(4)
Nothing in this section affects any other power of the court.

Offences

118. (1) A person commits an offence who without sufficient consent —

(a)
reproduces for sale or hire;
(b)
imports into The Bahamas otherwise than for his private and domestic use;
(c)
possesses in the course of a business with a view to doing any act infringing the rights conferred by this Part;
(d)
in the course of a business —
(i)
sells or lets for hire;
(ii)
offers or exposes for sale or hire; or

(iii) distributes,

a copy or phonorecord which is, and which he knows orhas reason to believe is an illicit copy or phonorecord.

Infringement actionable as breach of statutory duty.

Order for delivery up of illicit recordings in civil proceedings.

Criminal liability.

Order for delivery up of illicit copy or phonorecord in criminal proceedings.

(2)
A person commits an offence, who causes a copy or phonorecord of a live performance fixed without sufficient consent to be displayed or performed publicly thereby infringing the rights conferred by this Part, if heknows or has reason to believe that those rights are thereby infringed.
(3)
In subsections (1) and (2), “sufficient consent” means —
(a)
in the case of a qualifying performance that is not subject to an exclusive recording contract, the consent of the performer; and
(b)
in the case of a performance that is subject to anexclusive recording contract, the consent of the person having recording rights.
(4)
References in this section to persons having recording rights are to the person having those rights at the time the consent is given or, if there is more than one such person, to all of them.
(5) No offence is committed under subsection (1) or
(2)
by the doing of an act which, by virtue of any provision of this Part, may be done without infringing the rights conferred by this Part.
(6)
A person who is guilty of an offence undersubsection (1) or (2) shall be liable —
(a)
on summary conviction to a fine of twenty-fivethousand dollars or to imprisonment for one year;
(b)
on conviction on information to a fine of fifty thousand dollars or to imprisonment for two years.

119. (1) The court before which proceedings are brought against a person for an offence under section 118 may, if satisfied that at the time of arrest or charge he had in his possession, custody or control, in the course of a business, an illicit recording of a performance, order that itbe delivered up to a person having performer’s rights or recording rights in relation to the performance or to suchother person as the court may direct.

(2)
An order may be made by the court of its own motion or on the application of the prosecution and may bemade whether or not the person is convicted of the offence,but shall not be made —
(a)
after the end of the period specified in section 122; or
(b)
if it appears to the court unlikely that any order will be made under section 121.
(3)
An appeal shall lie to the Court of Appeal froman order under this section.
(4)
A person to whom an illicit copy or phonorecordis delivered up in pursuance of an order under this section shall retain it pending the making of an order, or the decision not to make an order, under section 121.

120. (1) It is an offence for a person, without written authorization, to represent falsely that he is authorized by any person to give consent for the purposes of this Part inrelation to a performance.

(2) A person who is guilty of an offence under this section is liable on summary conviction to a fine of twenty-five thousand dollars or to imprisonment for one year or to both such fine and imprisonment.

PART XI GENERAL

121. (1) An application may be made to the court for —

(a)
an order that an infringing copy, phonorecord,machine or device delivered up in pursuance of an order made under section 42 or 54 shall be —
(i)
forfeited to the copyright owner; or
(ii)
destroyed or otherwise dealt with as thecourt may direct;
(b)
an order that an illicit copy or phonorecord of alive performance delivered up in pursuance ofan order under section 117 or 119 shall be —
(i)
forfeited to such person havingperformer’s rights or recording rights in relation to the performance as the courtmay direct;
(ii)
destroyed or otherwise dealt with as the

court thinks fit; or

(c) a decision that no order under paragraph (a) or

(b) should be made.

False representation of authority to give consent.

Order for disposal of infringing copy or phonorecord or illicit recording.

(2)
In considering what order (if any) should be made, the court shall have regard to all the circumstances of the case and, in particular —
(a)
where the infringement relates to copyright in awork, whether other remedies available in an action for infringement of copyright would beadequate to compensate the copyright owner and to protect his interest;
(b)
where the infringement relates to rights conferred under Part X, whether other remedies available in an action for infringement of thoserights would be adequate to compensate thepersons 1entitled to the rights and to protect their interests.
(3)
Provision shall be made by regulations as to the service of notice on persons having an interest in theinfringing copy or phonorecord, or as the case may be, theillicit copy or phonorecord and any such person is entitled —
(a)
to appear in proceedings for an order under this section, whether or not he was served with notice; and
(b)
to appeal against any order made, whether or not he appeared,

and an order shall not take effect until the end of the period within which notice of an appeal may be given or, if before the end of that period notice of appeal is duly given, until the final determination or abandonment of the proceedings on the appeal.

(4)
Where there is more than one person interested in any infringing copy or phonorecord, or as the case may be, an illicit copy or phonorecord, the court shall make such order as it thinks just and may, in particular, direct that such copy or phonorecord or illicit copy or phonorecord be sold, or otherwise dealt with, and theproceeds divided.
(5)
If the court decides that no order should be made under this section, the person in whose possession, custody or control the copy or phonorecord or, as the case may be, the recording was before being delivered up or seized, is entitled to its return.
(6)
References in this section to a person having aninterest in a copy or phonorecord or a recording include

any person in whose favour an order could be made in respect of the copy, phonorecord or, as the case may be, recording under this section.

122. (1) Subject to subsection (2), an application for an order under section 42 or 117 may not be made after the end of the period of three years from the date on which the infringing copy or phonorecord or, as the case may be, theillicit recording in question was made.

(2) If during the whole or any part of that period aperson entitled to apply for an order —

(a)
is under a disability; or —
(b)
is prevented by fraud or concealment from discovering the facts entitling him to apply,

an application may be made by him at any time before the end of the period of three years from the date on which he ceased to be under a disability or, as the case may be, could with reasonable diligence have discovered those facts.

  1. No prosecution for an offence under this Actshall be commenced after the expiration of six years after the commission of the offence.

    1. (1) Subject to subsection (3) of this section andsection 125, a member of the Police Force of or above the rank of Inspector may, if he is satisfied that there is reasonable cause to believe that an offence against this Actis being committed, give directions to any police officerauthorizing him to —

      1. enter and search any premises or place;

      2. stop, board and search any vessel (other than aship of war) or any aircraft (other than a military aircraft); or

      3. stop and search any vehicle, in which the policeofficer reasonably suspects there is an infringingcopy of a work or an illicit recording or any article used or intended to be used for making infringing copies or illicit recordings; and

      4. seize, remove or detain —

(i) any article which appears to the policeofficer to be an infringing copy or an illicitrecording or any other article whichappears to him to be intended for use for making such copies or recording, and

Period after which remedy of delivery up not available.

Time limited for prosecution.

Powers of members of Police Force.

Restrictions on the entry and search of domestic premises.

(ii) anything which appears to him to be or to contain, or to be likely to be or to contain, evidence of an offence under this Act.

(2)
A police officer to whom directions have been given under subsection (1) may —
(a)
break open any outer or inner door of any place which he is authorized by this section to enter and search;
(b)
forcibly board any vessel, aircraft or vehiclewhich he is authorized under this Act to stop, board and search;
(c)
remove by force any person or thing obstructing him in the exercise of any power conferred on him by this Act;
(d)
detain any person found in any place which he is authorized under this section to search until such place has been searched;
(e)
detain any vessel or aircraft which he isauthorized under this section to stop, board and search, and prevent any person from approaching or boarding such vessel or aircraftuntil it has been searched;
(f)
detain any vehicle which he is authorized under this Act to stop and search until it has beensearched.
(3)
It shall be the duty of any police officer in theexecution of any directions given under subsection (1) to produce the instrument containing the directions to the owner or occupier of any premises, place, vessel or aircraftentered or vehicle stopped, pursuant to such directions if required by such owner or occupier to do so.

125. (1) No domestic premises shall be entered and searched pursuant to section 124 unless a magistrate has issued a warrant under subsection (2).

(2)
A magistrate may, if he is satisfied byinformation on oath that there is reasonable ground forsuspecting that there is in any domestic premises any article which may be seized, removed or detained under any provision of this Act, issue a warrant authorizing a member of the Police Force not below the rank of Sergeant to enter and search the premises and such member may call upon any police officer to assist him in entering and searching the premises.
(3)
In this section “domestic premises” means any premises or any part thereof, used exclusively or mainly asa dwelling.

126. (1) Without prejudice to any other written law, any person who —

(a)
wilfully obstructs a member of the Police Force in the exercise of his powers or the performanceof his duties under this Act;
(b)
wilfully fails to comply with any requirement properly made to him by any such member; or
(c)
without reasonable excuse, fails to give suchmember any other assistance which he may reasonably require to be given for the purpose ofexercising his powers or performing his duties under this Act,

is liable on summary conviction to a fine of ten thousand dollars or to imprisonment for one year.

(2)
A person who, when required to giveinformation to a member of the Police Force in the exercise of his powers or the performance of his duties under thisAct, knowingly gives false or misleading information to any such member is liable on summary conviction to a fine of five thousand dollars or to imprisonment for six months.
(3)
Nothing in this section shall be construed asrequiring any person to give any information which may incriminate him.
  1. Where an offence under this Act committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any director, manager, secretary or other similar officer of the body corporate or any person who was purporting to act in any such capacity, he, as well as the body corporate, is guilty of that offence and is liable to be proceeded against and punished accordingly.

  2. (1) If it appears to the Minister that the laws of a country fail to give adequate protection to Bahamian worksor Bahamian performances or fail to give adequateprotection in the case of one or more classes of such works or performances, (whether the lack of protection relates tothe nature of the work or performance or the nationality, citizenship or country of its author or performer or all of

Obstruction of members of Police Force.

Offences by bodies corporate.

Denial of copyright or rights in performance.

Application to Bahamian ships and aircraft.

those matters) the Minister may, by order, make provision in relation to that country in accordance with subsection (2).

(2)
An order made for the purposes of this sectionshall designate the country concerned and may provide either generally or in relation to such classes of cases as are specified in the order, that copyright shall not subsist in works first published, or, as the case may be, that rights in performances shall not subsist in performances first given, after a date specified in the order (which may be a date before the commencement of this Act) if; at the time of the first publication of those works or the giving of the first performance, as the case may be, the authors of the works or the performers were or are —
(a)
citizens of that country, not being at that timepersons whose habitual residence is in TheBahamas or other country (excluding the country concerned); or
(b)
in the case of works, bodies incorporated orestablished under the laws of that country.
(3)
The Minister shall in making an order under this section, have regard to the nature and extent of the lack of protection for Bahamian works or Bahamian performancesin consequence of which the order is being made.
(4)
This section applies to literary, dramatic, musical, choreographic, and artistic works, sound recording and motion pictures and other audiovisual works, and for the purposes of this section —

Bahamian performances” means —

(a)
performances given by individuals who are citizens or habitual residents of The Bahamas; or
(b)
performances that take place in The Bahamas;

Bahamian works” means —

(a)
works created by individuals who are citizens or habitual residents of The Bahamas; or
(b)
works which are created in The Bahamas.

129. (1) This Act applies to things done on a Bahamian ship or Bahamian aircraft as it applies to thingsdone in The Bahamas.

(2) in this section “Bahamian ship” and “Bahamian aircraft” means respectively, a ship or aircraft registered inThe Bahamas.

130. This Act binds the Crown.

  1. The Minister may make regulations prescribing such matters as are required or permitted by this Act to be prescribed or as are necessary or desirable to be prescribedfor giving effect to this Act.

  2. Nothing in the Act shall affect the operation ofany rule of equity relating to breaches in trust or confidence.

    1. (1) Where immediately prior to the appointed day copyright subsists in The Bahamas in any work by virtue of the former Copyright Act 1, such copyright shallcontinue to subsist and the person entitled thereto by virtue of that Act shall be the owner thereof under and subject tothis Act and in particular —

      1. the duration of such copyright;

      2. the acts comprised within the exclusive rights attaching to such copyright; and

      3. the effect upon the ownership of such copyright of any event or transaction occurring or of any contract or agreement made on or after the appointed day, shall be governed by this Act.

(2)
Where, on the appointed day copyright subsistsin The Bahamas by virtue of subsection (1) of section 19 of the former Copyright Act in any record, perforated roll or other contrivance by virtue of which sounds may bemechanically produced, such copyright shall continue —
(a)
to subsist for the remainder of the period forwhich it would have subsisted if this Act had not been passed; and
(b)
in relation to any such record, perforated roll or contrivance, to have the meaning and effect it would have had if this Act had not been passed.
(3)
No act done before the appointed day isactionable by virtue of the conferment of the rights specified in Part III.
(4)
The right conferred by section 11 to be identified as the author of a work, and the right conferred by section

1 Ch. 298 in the 1987 edition of The Statute Law of The Bahamas.

Act binds Crown. Regulations.

Savings.

Transitional.

12 to object to derogatory treatment of such work, shall not apply —

(a)
in relation to a literary, dramatic, musical, choreographic or artistic work of which theauthor died before the appointed day; or
(b)
in relation to motion picture or other audiovisual work created before the appointed day.
(5)
The rights in relation to a literary, dramatic, musical, choreographic or artistic work existing before the appointed day do not apply —
(a)
where copyright first vested in the author, toanything which, by virtue of an assignment ofcopyright made or licence granted before the appointed day, may be done without infringing copyright;
(b)
where copyright first vested in a person otherthan the author, to anything done by or with thelicence of the copyright owner.
(6)
The right to privacy conferred by section 14 in respect of photographs and audiovisual works does notapply to photographs or audiovisual works created, before the appointed day.
(7)
Where an act done before the appointed day wasan infringement of copyright but is not an infringement of copyright under this Act, then, proceedings in respect ofthat act may be taken as if this Act had not been passed.
(8)
An act done before the appointed day shall not be an infringement of copyright or right in performancesconferred by this Act if that act would not, but for the passing of this Act, have constituted an infringement.
(9)
Proceedings for infringement of copyrightinstituted but not disposed of before the appointed dayshall be disposed of as if this Act had not been passed.
(10)
Proceedings under this Act for infringement may be taken notwithstanding that the alleged infringementoccurred before the appointed day.
SCHEDULE (Section 86)

1. The Tribunal shall consist of the following members —

(a)
a person from the artistic community;
(b)
a counsel and attorney; and
(c)
a public accountant.

2. (1) The members of the Tribunal shall be appointed by the Minister by instrument in writing, and, subject to the provisions of this Schedule, shall hold office for a period of three years, but shall be eligible for reappointment.

(2)
The Minister shall elect a chairman from among the members appointed and such chairman shall serve for a term of one year.
(3)
Any vacancy in the Tribunal shall not affect its powers and shall be filled, for the unexpired term of appointment, in the same manner as the original appointment was made.
  1. A member of the Tribunal may at any time resign his office by instrument in writing and such resignation shall take effect as from the date of the receipt by the Minister of such instrument.

  2. The Minister may by instrument in writing at any time revoke the appointment of any member of the Tribunal if —

(a)
he has become bankrupt;
(b)
he is incapacitated by physical or mental illness; or
(c)
he is unfit to perform his duties as a member.
  1. The chairman and other members of the Tribunal shall be paid such remuneration (whether by way of honorarium, salary or fees) as the Minister may determine.

  2. The name of all members of the Tribunal as first constituted and every change in the membership thereof shall be published in the Gazette.

  3. The Minister may appoint a Secretary and such other staff (whether on a full-time or a part-time basis) as appears to the Minister to be necessary to assist the Tribunal on such terms and conditions (including salaries, allowances, other remuneration and disciplinary control) as the Minister may determine.