SECTION
PART I PRELIMINARY
PART II – COPYRIGHT
PART IV – OWNERSHIP AND ASSIGNMENT OF RIGHTS
PART VI – EXCEPTIONS TO INFRINGEMENT OF COPYRIGHT
49. Definitions
61. Subsequent dealing with authorised copies
Exception Relating to Works in Electronic Form
72. Transfer of works in electronic form
82. Power of Minister to prescribe exceptions to infringement
PART V11 – COPYRIGHT LICENSING
Preliminary
102. Protection and conferment of rights in performances
109. Infringement of recording rights by importing, possessory, illict recording
SAINT VINCENT AND THE GRENADINES
DR.FREDERICK BALLENTYNE [L.S.] Governor-General 6th November, 2003
AN ACT to make a comprehensive copyright law for Saint Vincent and the Grenadines, to afford better protection for literary, dramatic, musical, artistic and other works and creative products, to provide for the right of performers and others in performances and to repeal the Copyright Act Cap. 262 and provide for matters connected therewith or incidental hereto.
[By Proclamation]
BE IT ENACTED by the Queen’s Most Excellent Majesty by and with
the advice and consent of the House of Assembly of Saint Vincent and
the Grenadines and by the authority of the same as follows:
PART 1
PRELIMINARY
Short title and 1. (1) This Act may be cited as the Copyright Act 2003. commencement
(2) This Act shall come into force on a day to be appointed by the Governor General by order published in the Gazette, and different days may be appointed for different provisions and different purposes.
Interpretation 2. (1) In this Act
“adaptation” includes:
“article” in the context of an article in a periodical, includes an item of any description;
“artistic work” means,
“broadcasting” means a transmission of wireless telegraphy of visual images, sounds or other information which,
“to broadcast” means to transmit by the emission of electromagnetic energy otherwise than over a path that is provided by a material substance, visual images or sounds, or other information, irrespective of the form in which the sounds, images or information are represented for reception by the public notwithstanding that;
and “broadcasting” and “re-broadcasting” shall have corresponding meaning;
“building” includes a fixed structure of any kind and a part of a building or fixed structure;
“business” includes a trade or profession;
“cable programme service” means any item included in a cable programme service, and any reference in this Act
“Comptroller” means the Comptroller of Customs and Excise;
“collective works” means,
“computer generated work” means a work generated by a computer in circumstances such that the work has no human author;
“computer programme” means a set of instructions whether expressed in words or in a dramatic or other form, which is capable when incorporated in a machine readable medium, of causing an electronic or other device having information process capabilities to indicate, perform or to achieve a particular function, task or result;
“communication to the public” means the transmission by wire or wireless means of the images or sounds, or both, of a work, a performance or a sound recording in such a way that the images or sounds can be perceived by person outside the normal circle of a family and its closest social acquaintances at a place or places so distant from the place where the transmission originates that, without the transmission, the images or sounds would not be perceivable and further, irrespective of whether the person can receive the images or sounds at the same place and time, or different places or times;
“copy” includes:
(f) any category however | made and | in | ||||
---|---|---|---|---|---|---|
whatever | medium, | that | is | transient or | ||
is incidental to some other | use | of | the | |||
work |
and references to the “copying of a work of any description” shall be construed to include a reference to storing the work in any medium by electronic means;
“copyright” means copyright subsisting under Part II of this Act;
“Court” means High Court;
“country” includes any territory;
“distribution” means the distribution to the public, for commercial purposes, of copies of work by way of rental, lease, hire, loan or similar arrangement and distributing has a corresponding meaning;
“dramatic work” includes:
“drawing” includes a diagram, map, chart or plan;
“educational institution” means any school, college or other educational body designated by the Minister by order either specifically or by reference to a class, for the purposes of this Act;
“engraving” includes an etching, lithograph, product of photogravure, woodcut, print or similar work, not being a photograph;
“exclusive licence” means a licence in writing signed by or on behalf of the owner of copyright in a work authorizing the licensee, to the exclusion of all other persons, including the person granting the licence, to exercise 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 of all other persons, including the performer, to make recordings of one or more of his performances with a view to their being shown or played in public, sold, let for hire, or otherwise commercially exploited;
“film” means a recording of any medium from which a moving image may by any means be produced;
“future copyright” includes:
“graphic work” includes:
“illicit recording” means:
(a) or (b) of this definition;
“infringing copy” in relation to a protected work means,
“manuscript” in relation to a work, means the original document embodying the work whether written by hand or not;
“Minister” means the Minister responsible for copyright;
“musical work” means a work consisting of music, exclusive of any words or action intended to be sung, spoken or performed with the music;
“owner of rights” means a legal or natural person who owns the rights to a work;
“performer” means any actor, singer, musician, dancer or other person who acts, sings, depicts, delivers, declaims, plays in or otherwise performs a literary, dramatic, musical or artistic work; and references to the performer in the context of the person having performer’s rights, shall be construed to include references to the person who, pursuant to any provision of this Act, is for the time being entitled to exercise those rights;
“performance” in relation to
(iii) a reading or recitation of a literary work, which is, or to the extent that it is, a live programme given by one or more individuals;
“person having recording rights” in relation to a performance means a person who being a qualified person,
“photograph” means a recording of light or other radiation on any medium on which an image is produced or from which an image may by any means be produced, and which is not part of a film;
“place of public entertainment” includes any premises which are from time to time made available for hire to such persons as may desire to hire them for purposes of public entertainment, and the premises that are occupied mainly for other purposes;
“prospective owner” has the meaning assigned to it in the definition of “future copyright”;
No. 8 of 1994
“protected work” is work of any category in which copyright subsists by virtue of this Act;
“published edition” in relation to copyright in the typographical arrangement of a published edition, means the published edition of the whole or any part of one or more literary, dramatic, musical or artistic works;
“qualified person”
“qualifying performance” means a performance that
“record” means any disc, tape, perforated roll or other device in which sounds are embodied so as to be capable of being reproduced therefrom irrespective of the form in which the sounds are represented, other than a sound track associated with a film, but includes in relation to a performance, a film incorporating the performance;
“recording” in relation to a performance means a film or sound recording
“rental” means any arrangement under which a copy of a work is made available;
on terms that it will or may be returned;
“reprographic process” includes:
“sculpture” includes a cast or model made for purposes of sculpture;
“sound recording” means:
regardless of the medium on which the recording is made or the method by which the sounds are reproduced or produced or the form in which the sounds are represented;
“specified country” means a country specified by the Minister by order;
“telecommunications system” means a system for conveying visual images, sounds or other information by electronic means;
“typeface” includes an ornamental motif used in printing;
“unauthorised” when used to describe any act done in relation to a work, means:
“wireless telegraphy” means the emitting or receiving otherwise than over a path that is provided by a material substance of electro-magnetic energy transmitting visual images or sounds or both visual images or sounds;
“work” means,
“work of joint authorship” means a work produced by the collaboration of two or more authors in which the contribution of each author is not separate from the contribution of the other author or authors;
“writing” includes any form of notation, whether by hand or by printing, typewriting or by any other process.
(2) References in this Act to the time at which, or the period during which, a literary, dramatic or musical work was made are references to the time or period at or during which it was first written down, recorded or expressed in some other material form.
Publication 3. (1) For the purposes of this section, “publication in relation to work” means,
(6) In determining for the purposes of this Act
Lawful reception of encrypted broadcasts
person;
any unauthorised publication or the doing of any other unauthorised act shall be disregarded.
4. (1) In relation to the broadcast of a work, an encrypted transmission shall be regarded as capable of being lawfully received by members of the public only if decoding equipment has been lawfully made available to members of the public by or with the authority of the person making the transmission or the persons providing the contents of the transmission.
(2) References in this Act to the person making a broadcast, broadcasting a work or including a work in a broadcast are references,
Categories of protected works
Qualification for copyright protection
its transmission,
and references in this Act to a programme, in the context of broadcasting, are to any item included in a broadcast.
Protected Work
5. (1) Subject to this section, the categories of works in which copyright under this Act may subsist are:
6. (1) A literary, dramatic, musical or artistic work, or, subject to subsection (2) a typographical arrangement of a published edition, qualifies for copyright protection where,
No. 1 of 2002 a valid licence granted under the Telecommunications Act.
Nature of 7. (1) Subject to the provisions of this Act, the owner of copyright
Copyright shall have the exclusive right to do, authorise, or prohibit the
following acts in relation to the work:
(2) The rights of rental and lending under paragraph
Duration to Copyright Protection
Duration of copyright in literary, works,etc.
8. (1) Subject to the provisions of this section, copyright in any literary, dramatic, musical or artistic work expires at the end of the period of seventy five years from the end of the calendar year in which the author dies.
so, however, that in determining for the purpose of this subsection whether a work has been made available to the public any unauthorized act shall be disregarded.
(4) The provisions of subsections (1) and (2) shall not apply to computer-generated work, the copyright in which expires at the end of the period of fifty years from the end of the calendar year in which the work is made.
(5) In relation to a work of joint authorship,
(a) the reference in subsection (1) to the death of the author shall be construed
(i) where the identity of all the authors is known, as a reference to the death of the last of them to die;
Duration of copyright in sound recordings and films
Duration of copyright in broadcasts and cable programmes
(ii) where the identity of one or more of the authors is known and the identity of one or more others is not, as a reference to the death of the last of the authors whose identity is known; and
(b) the reference in subsection (2) to the identity of the author becoming known, shall be construed as a reference to the identity of any of them becoming known.
9. (1) Copyright in a sound recording or film expires at the end of the period of fifty years from the end of the calendar year in which it was made or, where it is made available to the public before the end of that period, seventy five years from the end of the calendar year in which it is so made available.
10. (1) Copyright in a broadcast or cable programme expires at the end of the period of fifty years from the end of the calendar year in which the broadcast was made or the programme included in a cable programme service.
(2) Copyright in a repeat broadcast or a repeat cable
Duration of copyright in typographical arrangements of editions
Moral rights
Right to be identified as author
programme expires at the same time as copyright in the original broadcast or cable programme;
11. Copyright in the typographical arrangement of a published edition expires at the end of period of twenty-five years from the end of the calendar year in which the edition was first published.
12. (1) By virtue of and subject to the provisions of this Act
shall have in respect of such work, the rights specified in sections 13 and
14.
13. (1) Subject to the provisions of this Part, the author of a literary, dramatic, musical or artistic work that is a protected work and the director of a film that is a protected work shall have, respectively, the right to be identified as the author or, as the case may be, director of the work in the circumstances specified in this section.
(6) The director of a film has the right to be identified as director whenever the film is shown in public, broadcast or included in a cable programme service or copies of the film are issued to the public.
(7) The right of an author or director under this section is
and the identification must, in each case, be clear and reasonably prominent.
Right to object to derogatory treatment of work
False attribution of work
literary, dramatic, musical or artistic work made for the purposes of the publication or made available with the consent of the author for purposes of the publication;
(d) a work in which copyright originally vested in an international organisation by virtue of section 144 unless the author or director has previously been identified as such in or on published copies of the work.
14. (1) For the purposes of this section; “treatment of a work” means any addition to, deletion from, alteration to or adaptation of the work other than
15. (1) For the purposes of this section “attribution” in relation to work means a statement whether expressed or implied, as to the identity of the author or director.
(2) A person has the right
Right to privacy commissioned photographs and films
Duration of moral rights and related rights
Consent and waiver of rights
as director.
(3) The right conferred by subsection (1) is infringed in the circumstances specified in section 38.
16. Subject to section 38, a person who for private and domestic purposes commissions the taking of a photograph or the making of a film shall have, where the resulting work is a protected work, the right not to have;
17. (1) The rights conferred by sections 13, 14 and 16 shall subsists so long as copyright subsist in the work.
(2) The right conferred by section 15 shall subsist until the end of the period of twenty years from the end of the calendar year in which the person dies.
18. (1) A person having a right conferred under this Part may consent to the doing of any act affecting the right or may waive the right.
(4) Nothing in this Part shall be construed as
Application of provisions to joint works
Application of provisions to part of work
excluding the operation of the general law of contract or estoppel in relation to an informed waiver or other transaction in relation to any of the rights to which this Part relates.
19. (1) A film is “jointly directed” if it is made by the collaboration of two or more directors and the contribution of each director is not distinct from that of the other director.
20. The rights conferred by
PART IV – OWNERSHIP AND ASSIGNMENT OF RIGHTS
Ownership of copyright
Assignment and licences
Ownership of Copyright
21. (1) Subject to this Act the author of a protected work is the first owner of any copyright in that work unless there is an agreement to the contrary.
22. (1) Subject to this section, copyright in a work may be transferred by assignment, by testamentary disposition or by operation of law, as personal or moveable property.
(2) A transfer pursuant to this section by way of assignment shall not be effective unless it is in writing and signed by or on behalf of the assignor.
(3) An assignment or other transfer of copyright may
be partial, so as to apply | |||
---|---|---|---|
(a) | to one or more, but not all, of tthe owner of the copyright exclusive right to do; or | he things has | the |
Prospective ownership of copyright
Copyright in unpublished works passes under will
(b) to part, but not the whole, of the period for which copyright is to subsist.
23. (1) Where, by an agreement made in relation to any future copyright and signed by or on behalf of the prospective owner of the copyright, the prospective owner purports to assign the future copyright wholly or partially to another person (in this section referred to as the assignee), then, if on the coming into existence of the copyright, the assignee or another person claiming under him would be entitled as against all other persons to require the copyright to be vested in him, wholly or partly as the case may be, the copyright shall vest, on coming into existence, in the assignee or his successor in title by virtue of this subsection.
24. (1) Where under a bequest a person is entitled, beneficially or otherwise, to
Moral rights not assignable
Transmission of moral rights on death
and the work had not been published before the death of the testator, the bequest shall, unless a contrary intention is indicated in the testator’s will or a codicil to it, 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.
25. The rights conferred under Part III shall be not assignable.
26. (1) On the death of a person entitled to a right conferred by sections 13, 14 or 16 the right passes
and to the extent that, the right does not pass under paragraph (a) or (b), it is exercisable by his personal representatives.
Meaning of action
Acts infringing copyright
(iii) by way of trade exhibits in public,
an article which he knows or has reason to believe is an infringing copy of the work.
(2) Subsection (1) (c) shall apply, in relation to the distribution of any article either
as it applies in relation to the sale of the article.
(3) Copyright in a work is infringed by a person who, without the licence of the copyright owner,
(a) | makes; | |||||
---|---|---|---|---|---|---|
(b) | imports | into | Saint | Vincent | and | the |
Grenadines; |
an article specifically designed or adapted for making copies of that work, knowing or having reason to believe that it is to be used to make infringing copies.
Action by owner of copyright for infringement
performance would not infringe copyright.
Remedies for Infringement of Economic Rights
29. (1) An infringement of copyright shall be actionable in the Court at the suit of the copyright owner, and subject to the provisions of this section, in any action for such an infringement all relief by way of damages, injunction, accounts or otherwise, shall be available to the claimant as is available in any corresponding proceedings in respect of the infringements of other proprietary rights.
(2) Where, in an action for infringement of copyright, it is proved or admitted that
(a) an infringement was committed; but
Order for delivery up in civil proceedings
(b) at the time of the infringement the defendant was not aware and had no reasonable grounds for suspecting, that
copyright subsisted in the work which the action relates,
the claimant shall not be entitled under this section to any damages against the defendant in respect of the infringement but shall be entitled to an account of profits in respect of the infringement whether any other relief is granted under this section or not.
30. (1) Subject to the provisions of this section where a person
the copyright owner may apply to the Court for an order that the infringing copy or article be delivered up to him or to such other person
Right to seize infringing copies
Wide injunction available to licensing bodies
as the Court may direct.
31. (1) Subject to any decision of the Court under section 135 and to the conditions specified under subsections (2), (3), and (4) of this section, an infringing copy of a work which is found to be exposed or otherwise immediately available for sale or hire, and in respect of which the copyright owner would be entitled to apply for an order under section 30 may be seized and detained by him or a person authorised by him.
32. Where, in an action under this Part
Definition of exclusive license
would not otherwise be available to the claimant,
the Court may grant an injunction extending to all the protected works of which the claimant is an owner of the copyright notwithstanding that the infringement related to only one or some of the works.
33. (1) For the purposes of this section, “exclusive licence” means a licence in writing, signed by or on behalf of an owner or prospective owner of copyright, authorising the licensee, to the exclusion of all other persons, including the grantor of the license, to exercise a right which by virtue of this Act would apart from the licensee be exercisable exclusively by the owner of the copyright.
or, as the case may require, any right of action exercisable by the other party under that section in respect thereof.
(a) no judgement or order for the payment of damages in respect of an infringement of copyright shall be given or made under section 29, if a final judgement or order has been given or made awarding an account of profits to the other party under
Infringement of right to be identified as author or director
that section in respect of the same infringement; and
(b) no judgement or order for an account of profits in respect of an infringement of copyright shall be given or made under that section, if a final judgement or order has been given or made awarding either damages or an account of profits to the other party under that section in respect of the same infringement.
Moral and Related Rights
34. (1) Subject to subsection (2), the right conferred by section 13 is infringed by any person who fails to identify the author of a work or the director of a film whenever any action specified in that section occurs in relation to that work or film.
(2) The following acts shall not constitute an infringement of the right conferred by section 13 in relation to a work to the extent that such acts are permitted under Part VI in relation to the work:
Infringement of 35. (1) For the purposes of this section “derogatory right to object
treatment” has the same meaning as that specified in section 14.
to derogatory treatment of
(2) The right conferred on an author and a director by
section 13 to object to derogatory treatment of his work is infringed where the following acts are done in relation to that work:
(iii) in the case of a work of architecture in the form of a model for a building or in the case of a sculpture or work of craftsmanship issues to the public
copies of a graphic work representing or of a photograph of, a derogatory treatment of the work;
or who, along with the film, plays in public, broadcasts or includes in a cable programme
Infringement by possession of infringing article
False attribution of work infringement of right
service, or issues to the public copies of, a derogatory treatment of the film sound track.
36. (1) The right conferred by section 14 is also infringed by a person who
an article that is, and which he knows or has reason to believe is an infringing article.
(2) For the purposes of this section, an “infringing article” means a work or a copy of a work which
37. (1) Subject to the provisions of this section, the right conferred on a person not to have a literary, dramatic, musical or artistic work falsely attributed to him as author, is infringed by a person who
(2) The right conferred on a person not to have a film falsely attributed to him as director is infringed by a person who issues to the public copies of a work of any person of those descriptions in or on which there is a false attribution
who knows or ought to have known that the attribution is false
(c) in the course of a business
knowing or having reason to believe that there is an attribution and that it is false.
(d) in the case of an artistic work,
knowing or having reason to believe that this is not the case.
Infringement of privacy right in photo-graphs, etc.
Remedies for infringing moral rights etc.
(3) For the purposes of this section,
(4) This section shall apply where, contrary to the fact,
as it applies where the work is falsely attributed to a person as author.
38. The right conferred by section 16 in relation to a commissioned photograph or film is infringed by a person who does or authorises the doing of any act mentioned in that section in relation to that work; but the right is not infringed by any act which, pursuant to Part VI would not infringe copyright in the work.
Remedies for Infringement of Moral Rights and Related Rights
39. (1) The infringement of a right conferred under section 13, 14, 15, or 16 is actionable as a breach of statutory duty owed to the person entitled to the right.
(2) In an action for infringement of the right conferred by section 14, the Court may, if it thinks it an adequate remedy in the circumstances, grant an injunction on terms prohibiting the doing of any act unless a disclaimer is made on such terms and in such manner as may be approved by the Court, disassociating the author or director from the treatment of the work.
(3) Where in any action an infringement of a right referred to in subsection (1) is proved or admitted, the Court may order the defendant to publish such correction in the terms and in a manner as the Court may direct.
Presumptions
Presumptions 40. In an action brought by virtue of this Part, as to subsistence and
(a) copyright shall be presumed to subsist in
the work to which the action relates if the
defendant does not put in issue the question whether copyright subsists therein;
it shall be presumed until the contrary is proved that the article was made at a time when copyright subsisted in the work.
Presumption in 41. (1) Subject to section 40, where in the case of a relation to
protected work, a name purporting to be that of the author appears on
copies of the work as published or, in the case of an artistic work,
appeared on the work when it was made, the person whose name
appears, shall, in any action brought by virtue of this Part, be presumed, unless the contrary is proved, to be the author.
then, unless the contrary is proved, copyright shall be presumed to subsist in the work and the person whose name so appeared shall be
presumed to have been the owner of the copyright at the time of the publication.
Presumptions 42. (1) In an action brought by virtue of this Part with where action
respect to a sound recording, film or computer programme, the
presumptions specified in this section shall apply.
recordings, films and computer programme
presumptions specified in this section shall apply.
(2) In an action brought by virtue of this Part with respect to a sound recording, where copies of the recording as issued to the public bear a label or other mark stating
the label or mark shall be admissible as evidence of the facts stated and shall be presumed to be correct until the contrary is proved.
(3) In an action brought by virtue of this Part with respect to a film, where copies of the film as issued to the public bear a statement
the statement shall be admissible as evidence of the facts stated and shall be presumed to be correct until the contrary is proved.
(4) In an action brought by virtue of this Part with respect to a computer programme, where copies of the programme are issued to the public in electronic form bearing a statement,
Withdrawal of privilege against illumination of self or spouse in infringement and related proceedings
the contrary is proved.
the statement shall be admissible as evidence of the facts stated and shall be presumed to be correct until the contrary is proved.
(7) Pursuant to subsection (1) the presumptions shall also apply in an action relating to an infringement alleged to have occurred before the date on which the film was shown in public, broadcast or included in a cable programme service.
Offences
43. (1) For the purposes of this section “related offence” in relation to any proceedings to which subsection (2) applies means,
“related penalty” in relation to any proceedings to which subsection (2) applies, means,
(a) in answering a question put to him in any proceedings to which subsection (2)
Offences in respect of dealings which infringe copyright
applies; or
(b) in complying with an order made in any such proceedings,
shall, in proceedings for any related offence or for the recovery of any related penalty, be admissible in evidence against that person or against the spouse of that person.
44. (1) Any person who, without a licence of the copyright owner, at a time when copyright in a work subsists by virtue of this Act
any article which he knows or has reason to believe is an infringing copy of that work, commits an offence.
(2) Any person who, at the time when copyright subsists in a work by virtue of this Act makes or has in his possession an article specifically designed or adapted for making copies of a particular work, knowing that it is to be used for making infringing copies for sale or hire or for use in the course of business, commits an offence.
Presumptions not to apply
Order to deliver up in criminal proceedings
(3) Any person who causes
commits an offence.
46. (1) Subject to subsection (2), the Court before which proceedings are brought against a person for an offence under section 46 may, if it is satisfied that at the time of his arrest or charge
order that the infringing copy or article be delivered up to the copyright owner or to any other person as the Court may direct.
Supplementary
Application of 47. For the purposes of this Part, the provisions of sections provisions of
131 and 132 shall apply in respect of the entry and search of any
premises.
Provisions for 48. (1) The owner of the copyright in any published restricting
literary, dramatic or musical work may give notice in writing to the
Comptroller
infringing copies
No. 14 of 1999
applies.
(a) | the form of the notice; | |||
---|---|---|---|---|
(b) | the furnishing of evidence; | |||
(c) | the payment of fees; | |||
(d) | the giving of security; and | |||
(e) | any other matters | incidental | or | supplementary |
as may be prescribed.
(6) Notwithstanding any provision in the Customs (Control and Management) Act, a person shall not be liable to any penalty under that Act, other than forfeiture of the goods, by reason that any goods are prohibited by virtue of this section.
Preliminary
Definitions
Research and private study
Criticism, review and reporting
49. (1) For the purposes of this Part;
“facsimile copy” includes a copy which is reduced or enlarged in scale;
“sufficient acknowledgement” means an acknowledgement identifying the work in question by its title or other description and, unless the work is anonymous, or the author has previously agreed or required that no acknowledgement of his name should be made, also identifying the author.
General Exceptions
50. (1) Subject to section 52, fair dealing with a literary, dramatic, musical or artistic work for the purposes of research or private study does not infringe copyright in the work or, in the case of a published edition, in the typographical arrangement.
(2) Copyright by a person other than the researcher or student himself is not fair dealing if
51. (1) Subject to section 52 fair dealing with a work for the purposes of criticism or review, of that or another work or of a performance of a work, does not infringe any copyright in the work provided it is accompanied by a sufficient acknowledgement.
Determining 52. For the purpose of determining whether an act done in fair dealing
relation to a work constitutes fair dealing, the Court in determining the question shall take account of all factors which appear to it to be relevant, including
Incidental 53. Copyright in a work is not infringed inclusion of protected work
and for the purposes of this section, a musical work, words spoken or sung with music, or so much of a sound recording, broadcast or cable programme as includes a musical work or such words, shall not be regarded as incidentally included if it is deliberately included.
Anonymous 54. (1) Copyright in a literary, dramatic, musical or and
artistic work is not infringed by any act done at a time when, or in
pursuance of an arrangement made at any time when
(2) Subsection (1) (b) (ii) does not apply in relation to work in which copyright originally vested in an international organization by virtue of section 143 and in respect of which an order under that section specified a copyright period longer than seventy five years.
(3) In relation to a work of joint authorship
Use of notes of 55. (1) Where a record of spoken word is made, in recordings of
writing or otherwise, for the purpose of;
spoken words, etc.
it is not an infringement of any copyright in the words as a literary work to use the record or material taken from it for that purpose providing the conditions specified in subsection (2) are met.
(2) The conditions referred to in subsection (1) are that
(a) the record is a direct record of the spoken words and is not taken from a previous
Acts done for purposes of instruction or examination
Anthologies for educational use
record or from a broadcast or cable programme;
Use of Work for Educational Purposes
56. (1) Copyright in a literary, dramatic, musical or artistic work is not infringed by being copied in the course of instruction or of preparation for instruction, provided the copying is done by a person giving or receiving instruction and is not by means of a reprographic process.
57. (1) The inclusion, in a collection intended for use in educational institutions of a short passage from a published literary or dramatic work does not infringe copyright in the work if
(a) the collection is described in the title and in any advertisements thereof issued by or on behalf of the publisher, as being so intended;
Performing, playing or showing works in course of educational activities
58. (1) The performance of a literary, dramatic or musical work before an audience consisting of teachers and pupils at an educational institution and other persons directly connected with the activities of the institution,
is not a public programme for the purposes of infringement of copyright.
(2) The play or showing of a sound recording, film,
Recording of broadcast by educational establishments
Restriction on reprographic copying from published works
broadcast or cable programme before such an audience at an educational institution for the purposes of instruction is not a playing or showing of the work in public for the purposes of the infringement of copyright.
(3) A person is not for this purpose directly connected with the activities of the educational institution simply because he is the parent of the pupil at the institution.
59. (1) Subject to subsection (2), a recording of a broadcast or cable broadcast programme or a copy of such a recording may be made by or on behalf of an educational institution for the educational purposes of that institution without thereby infringing the copyright in the broadcast or cable programme or in any work included in it.
(2) Subsection (1) shall not apply if or to the extent that, there is a licensing scheme under which licences are available authorising the making of the recordings or copies, and the person making the recordings knows or ought to have been aware of that fact.
60. (1) Subject to the provisions of this section, reprographic copies of passages from published literary, dramatic or musical work may be made by or on behalf of an educational institution for the purposes of instruction without infringing any copyright in the work or in the typographical arrangement.
Subsequent 61. (1) Where a copy of a work would be an infringing dealing with
copy if the making thereof were not authorised under section 56, 59 or
authorised copies
Interpretation of references
Supply by librarian of copies of published work
copy if the making thereof were not authorised under section 56, 59 or 660 and such copy is subsequently dealt with, it shall be treated as an infringing copy for the purposes of that dealing and, if that dealing infringes copyright, for all subsequent purposes.
(2) For the purposes of this section “dealt with” means sold, or let for hire or offered or exposed for sale or hire.
Exceptions affecting Libraries and Archives
62. (1) In sections 62 to 66 references to “librarian” or “archivist” include references to a person acting on his behalf.
63. (1) The librarian of a prescribed library or archive may, if the conditions are complied with
without infringing any copyright subsisting in the text of the article or in the work, as the case may be, or in any illustrations accompanying such article or work, or in the typographical arrangement thereof.
(2) The conditions prescribed pursuant to subsection
Supply of copies to other libraries
Replacing copies of works
Copying of unpublished work
64. (1) The librarian of a library or archive may, if the prescribed conditions are complied with, make and supply to another
library or archive a copy of | |
---|---|
(a) | an article in a periodical; or |
(b) | the whole or part of a published edition of |
a literary, dramatic or musical work, |
without infringing any copyright in the text of the article or the work, or in any illustrations accompanying such article or work or, in the case of a published edition, in the typographical arrangement.
(2) Paragraph (b) of subsection (1) shall not apply if, at the time the copy is made, the librarian making it has knowledge or could, by reasonable inquiry, ascertain the name and address of a person entitled to authorise the making of the copy.
65. (1) The librarian of a library or archive may, if the prescribed conditions are complied with, make a copy from any item in the permanent collection of the library or archive for the purpose of
without infringing the copyright in any literary, dramatic or musical work, in any illustrations accompanying such a work or, in the case of a published edition, in the typographical arrangement.
(2) The conditions shall include provisions restricting the making of copies to cases where it is not reasonably practicable to purchase a copy of the item in question for the purpose.
66. (1) Subject to subsection (2), the librarian of a library or archive may, if the conditions are complied with, make and supply a copy of the whole or part of a literary, dramatic or musical work from a document in the library or archive without infringing any copyright in the work or in any illustrations accompanying it.
Recording for archival purposes
Parliamentary and judicial proceedings etc.
(2) Subsection (1) shall not apply where
(3) The prescribed conditions shall include the following:
Exceptions Relating to Public Administration
67. (1) A recording of a broadcast or cable programme of a designated class, or a copy of such a recording, may be made for the purpose of being placed in an archive maintained by a designated body without thereby infringing any copyright in the broadcast or cable programme or in any work included in it.
(2) The designated body referred to under subsection
(1) shall be prescribed by the Minister, and the Minister shall not designate a body unless he is satisfied that it is not established or conducted for profit.
68. (1) Copyright in a work is not infringed by anything done for the purposes of parliamentary or judicial proceedings or, subject to subsection (3), for the purposes of reporting such proceedings.
(2) Copyright in a work is not infringed by anything done for the purposes of the proceeding of a statutory inquiry or, subject
Public records
Design documents and models
Exploitation of a design derived from
to subsection (4), for the purposes of reporting any such proceeding held in public.
(2) It is not an infringement of any copyright to issue to the public or to include in a film, broadcast or cable programme service anything the making of which was, by virtue of subsection (1), not an infringement of that copyright.
(3) For the purposes of this section
“design” means the design of any aspect of the shape or configuration whether internal or external, of the whole or part of an article other than surface decoration;
“design document” means any record of a design, whether in the form of a drawing, a written description, a photograph, data stored in a computer or otherwise.
71. (1) Where an artistic work has been exploited by or with the licence of the copyright owner by
artistic work
Transfer of works in electronic form
then, after the end of the period of fifty years from the end of the calendar year in which the articles are first marketed, a person may, without infringing copyright in the work, copy the work by making articles of any description or by doing anything in relation to articles so made.
(2) Where only part of an artistic work is exploited in the manner described in subsection (1), then, the provisions of that subsection apply only in relation to that part.
Exception Relating to Works in Electronic Form
72. (1) Where a work in electronic form has been purchased on terms which expressly or impliedly or by virtue of any rule of law, allow the purchaser to copy the work or to adapt it or to make copies of an adaptation in connection with his use of it, then, in the absence of any express terms
Statutory licences: recordings for broadcasting
(4) This section applies also on a subsequent transfer.
Miscellaneous Exceptions Relating to Literary,
Dramatic, Musical and Artistic Works
73. (1) Where by virtue of an assignment or licence a person is authorised to broadcast or include in a cable programme service, a literary, dramatic, musical or artistic work or a film or sound recording from a place into Saint Vincent and the Grenadines but, apart from this subsection, would not be entitled to make copies of it, then, subject to the conditions specified in subsection (2), the authority contained in the assignment or licence shall be deemed to extend to making one copy only for the purposes, and subject to the conditions, in subsection (2).
Provided that,
Reading or recitation in public
Representation of artistic works on public display
Reconstruction of buildings
and for the purposes of this subsection, an alteration to a programme includes the addition thereto of new material not contained in the programme as broadcast, or the omission from the transmission of any material contained in the programme as broadcast; and the term “material” includes a commercial advertisement.
74. (1) The reading or recitation in public of any reasonable extract from a published literary or dramatic work is not an infringement of copyright in the work, if accompanied by a sufficient acknowledgement.
(2) Copyright in a work is not infringed by the making of a sound recording, or the broadcasting or inclusion in a cable programme service of a reading or recitation which, by virtue of subsection (1), does not infringe copyright in the work, if the recording, broadcast or cable programme consists mainly of material in relation to which it is not necessary to rely on that subsection.
75. | (1) | This section applies to | ||||||
---|---|---|---|---|---|---|---|---|
(a) | buildings; | |||||||
(b) | sculptures, models of buildings and works | |||||||
of artistic craftsmanship, if permanently | ||||||||
situated in a public place or in premises | ||||||||
open to the public. | ||||||||
(2) | The copyright in such a work is not infringed by | |||||||
(a) | making a graphic work representing it; | |||||||
(b) | making a photograph or film of it; or | |||||||
(c) | broadcasting | or | including | in | a | cable | ||
programme service a visual image of it. | ||||||||
(3) | The copyright in such a work is not infringed by |
the issue to the public of copies, or the broadcasting or inclusion in a cable programme service, of anything whose making was, by virtue of this section, not an infringement of copyright.
76. Anything done for the purposes of reconstructing a building does not infringe any copyright in the building or in any drawings or plans in accordance with which the building was, by or with the licence of the copyright owner, constructed.
Subsequent work by same artist
Recording broadcasts for programme supervision
Recording for purposes of time shifting
Provision of subtitled copies of broadcast or cable programme
Adaptations
Power of Minister to prescribe exceptions to infringement
77. Where the author of an artistic work is not the copyright owner, he does not infringe the copyright in the work by copying it in making another artistic work, provided he does not repeat or imitate the main design of the earlier work.
Miscellaneous Exceptions Respecting Broadcasts
(2) For the purposes of this section, “designated body” means a body designated for the purposes of this section by order of the Minister, except that the Minister shall not designate a body unless he is satisfied that it is not established or conducted for profit.
81. An act which by virtue of this Part may be done without infringing copyright in a literary, dramatic or musical work does not where that work is an adaptation, infringe any copyright in the work from which the adaptation was made.
Prescribed Exceptions
82. (1) Subject to the provisions of this section, the Minister 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 as are 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 specified in the order in relation to the work
(3) An order made under subsection (1) may:
(4) No order may be made under this section unless the Minister is satisfied
PART VII – COPYRIGHT LICENSING
Preliminary
Definitions 83. (1) For the purposes of this Part;
“copyright licence” means a licence to do, or authorise the doing of, any of the acts restricted by copyright in relation to works of one or more than one author;
“licensing body” means a society or other organisation which has as its main object or one of its main objects, the negotiation or granting, either as owner or prospective owner of copyright or as agent for him, of licences, and whose objects include the granting of licences covering works of more than one author;
“licensing scheme” means a scheme setting out;
(2) References in this Part to licencers or licensing schemes covering works of more than one author do not include licences or schemes covering only
Licensing 84. The provisions of sections 83 to 90 apply to licensing schemes to
schemes of the following descriptions:
which sections 82-87 apply
(a) licensing schemes operated by licensing bodies in relation to the copyright in literary, dramatic, musical or artistic works or films, or film sound-tracks when accompanying a film, which cover works of more than one author, so far as they relate to licences for
(i) copying the work;
Reference of proposed licensing scheme to Court
Reference of existing licensing scheme to Court
(ii) | performing, playing or showing the work | |||
---|---|---|---|---|
in public; or | ||||
(iii) | broadcasting the work or including it in a | |||
cable programme service; | ||||
(b) | licensing schemes in relation to the copyright in | |||
sound recordings other than film sound-tracks | ||||
when accompanying a film, broadcasts or cable | ||||
programmes or the typographical arrangement of | ||||
published editions; and | ||||
(c) | licensing schemes in relation to the copyright in | |||
sound recordings, films or computer programmes | ||||
so far as they relate to licences for the rental of | ||||
copies to the public. | ||||
85. | (1) | The terms of a licensing scheme which a licensing |
body proposes to operate may be referred to the Court by an organisation claiming to be representative of persons who require licences in cases of a description to which the scheme would apply, either generally or in relation to any description of case.
86. (1) If during the operation of a licensing scheme a dispute arises between the licensing body and
representative of such person,
that person or organisation may refer the scheme to the Court in so far as it relates to cases of that description.
Further 87. (1) Where the Court has on a previous reference of a reference to
licensing scheme under section 85 or 86, or under this section, made an
order with respect to the scheme then, while the order remains in force
may refer the scheme again to the Court so as it relates to cases of that description.
Application for grant of licence in connection with licensing scheme
reference are concluded.
88. (1) A person who claims, in a case covered by a licensing scheme, that the operator of the scheme has refused to grant him or procure the grant to him of a licence in accordance with the scheme, or has failed to do so within a reasonable time after being asked, may apply to the Court for redress.
(2) A person who claims, in a case excluded from a licensing scheme, that the operator of the scheme either
may apply to the Court.
(3) A case shall be regarded as excluded from a licensing scheme for the purposes of subsection (2) if
Application for review as to entitlement to licence
Effect of order of Court as to licensing scheme
89. (1) Where the Court has made an order under section 86 that a person is entitled to a licence under a licensing scheme, the licensing body or the original applicant may apply to the Court to review its order.
90. (1) A licensing scheme which has been confirmed or varied by the Court under section 85 or 86 shall be in force, or as the case may be, remain in operation so far as it relates to the description of the case in respect of which the order is made, so long as the order remains in force.
(2) While the order is in force a person who in a case of a class to which the order applies,
shall be in the same position as regards infringement of copyright as if he had at all material times been the holder of a licence granted by the owner of the copyright in question in accordance with the scheme.
be in the same position as regards infringement of copyright as if he had at all material times been the holder of a licence granted by the owner of the copyright in question on the terms specified in the order.
References And Application With Respect To Individual
Licensing By Licensing Bodies
Licences to which sections 91 to 95 apply
Reference to Court of proposed licence
91. Sections 91 to 95 apply to the following descriptions of licence granted by a licensing body otherwise than in pursuance of a licensing scheme:
and for the purpose of these sections “a licence” means a licence of any of those descriptions.
92. (1) The terms on which a licensing body proposes to grant a licence may be referred to the Court by the prospective licensee.
Reference to 93. (1) A licensee under a licence which is due to expire, Court of
by effluxion of time or as a result of notice given by the licensing body,
expiring licence
Application for review of order as to licence
Effect of order of Court as to licence
by effluxion of time or as a result of notice given by the licensing body, may apply to the Court on the ground that it is unreasonable in the circumstances that the licence should cease to be in force.
94. (1) Where the Court has made an order under section 92 or 93, the licensing body or the person entitled to the benefit of the order may apply to the Court to review its order.
95. (1) Where the Court has made an order under section 92 or 93 and the order remains in force, the person entitled to the benefit of the order shall, if he
be in the same position as regards infringement of copyright as if he had at all material times been the holder of a licence granted by the owner of the copyright in question on the terms specified in the order.
(2) The benefit of the order may be assigned
(3) The Court may direct that an order under section 92 or 93, or an order under section 94 varying such an order, so far as it varies the amount of charges payable, has effect from a date before that on which it is made, but not earlier than the date on which the reference or application was made or, if later, on which the licence was granted or, as the case may be, was due to expire.
(4) If such a direction is made,
Factors to be taken into account in certain classes of case
General 96. In determining what is reasonable on a reference or consideration
application under this Part relating to a licensing scheme or licence, the
unreasonable discrimination
Licences for reprographic copying
Licences for educational establishments in respect of works included in broadcasts or cable programmes
Licences to reflect conditions imposed by
application under this Part relating to a licensing scheme or licence, the Court shall have regard to
and shall exercise its powers so as to secure that there is no unreasonable discrimination between licences, or prospective licensees, under the scheme or licence to which the reference or application relates and licensees under other schemes operated by, or other licences granted by, the same person.
97. Where a reference or application is made to the Court under this Part relating to the licensing of reprographic copying of published literary, dramatic, musical or artistic works, or the typographical arrangement of published editions, the Court shall have regard to
(c) | the nature of the use to which the copies are likely | |
---|---|---|
to be put. | ||
98. | (1) | This section applies to references or applications |
under this Part relating to licences for the recording by or on behalf of educational establishments of broadcasts or cable programmes which include copyright works, or the making of copies of such recordings, for educational purposes.
(2) Where an application is made to the Court under section 97, the Court shall, in considering what charges if any, should be paid for a licence, have regard to the extent to which the owners of copyright in the works included in the broadcast or cable programme have already received, or are entitled to receive, payment in respect of their inclusion.
99. (1) This section applies to references or applications under this Part in respect of licences relating to sound recordings, films, broadcasts or cable programmes which include, or are to include, any entertainment or other event.
promoters events
Licences to reflect payments in respect of underlying rights
Mention of the specific matters not to exclude relevant considerations
entertainment or other event.
100. (1) In considering what charges should be paid for a licence on a reference or application under this Part relating to licences for the rental to the public of copies of sound recordings, films, or computer programmes, the Court shall take into account any reasonable payments which the owner of the copyright in the sound recording, film or computer program is liable to make in consequence of granting of the licence, or of the acts authorised by the licence, to owners of copyright in works included in that work.
(2) On any reference or application under this Part relating to licensing in respect of the copyright in sound recordings, films, broadcasts or cable programmes, the Court shall take into account, in considering what charges should be paid for a licence, any reasonable payments which the copyright owner is liable to make in consequence of the granting of the licence, or of the acts authorised by the licence, in respect of any performance included in the recording, film, broadcast or cable programme.
101. The mention in sections 96 to 99 of the specific matters to which the Court is to have regard in certain classes of cases does not affect the Court’s general obligation in any case to have regard to all relevant considerations.
Protection and conferment of rights in performances
102. (1) The provisions of this Act on the protection of performers shall apply to
Consent required for recording or live transmission of performance
Consent and royalty required for adaptation of recording
otherwise than under this Part.
(5) The rights conferred by this Part apply in relation to performances taking place before the commencement of this Part, but no act done before commencement, or in pursuance of arrangements made before commencement, shall be regarded as infringing those rights.
Performer’s Rights
103. (1) A performer’s rights are infringed by a person who, without the performer’s consent
(2) In an action for infringement of a performer’s rights brought by virtue of this section, damages shall not be awarded against a defendant who shows that at the time of the infringement he believed on reasonable grounds that consent had been given.
104. (1) A performer’s rights are infringed by a person who, without his consent and payment of royalty at the rate, uses an original recording of a qualifying performance, whether authorised or not, for the purpose of making an adaptation of the recording.
(2) For the purposes of subsection (1) “an adaptation of the recording” means a recording in which the performance is accompanied by lyrics or music not contained in the original recording.
Infringement of 105. (1) A performer’s rights are infringed by a person performer’s
who, without his consent
rights by who, without his consent importing possessory,
(a) imports into Saint Vincent and the
Grenadines otherwise than for his private and domestic use; or
(b) in the course of a business, possesses, sells or lets for hire, offers or exposes for sale or hire, or distributes,
a recording of a qualifying performance which is, and which that person knows or has reason to believe is, an illicit recording.
Performers 106 (1) A performer shall have as regards his live oral moral rights
performances and performances fixed on a phonogram
(2) The provisions of sections 17 (1) and 18 shall apply mutatis mutandis.
Rights of Person Having Recording Rights
Consent 107. (1) A person infringes the rights of a person having required of
recording rights in relation to a performance who, without his consent or
that of the performer, makes a recording of the whole or any substantial
part of the performance, otherwise than for his private and domestic use.
exclusive contract Infringement of recording rights by use of recording made without consent
Infringement of recording rights by importing, possessing illicit recording
(2) In an action for infringement of those rights brought by virtue of this section damages shall not be awarded against a defendant who shows that at the time of the infringement he believed on reasonable grounds that consent had been given.
108. (1) A person infringes the rights of a person having recording rights in relation to a performance who, without his consent or, in the case of a qualifying performance, that of the performer
which that person knows or has reason to believe was, made without the appropriate consent.
(2) Reference in subsection (1) to “the appropriate consent” is to the consent of
109. (1) A person infringes the rights of a person having recording rights in relation to a performance, who, without his consent or, in the case of a qualifying performance, without the consent of the performer,
Fair dealing for criticism, etc.
Acts done to recording of performance for purposes of instruction
a recording of the performance which is, and which that person knows or has reason to believe is, an illicit recording.
Exceptions to Infringement
110. Fair dealing with a performance or recording;
does not infringe any of the rights conferred by this Part, and the provisions of section 57 shall, with the necessary modifications, apply in determining whether or not an act constitutes fair dealing.
111. (1) The rights conferred by this Part are not infringed by the copying of a recording of a performance in the course of instruction, or of preparation for instruction, in the making of films or film sound-tracks, provided the copying is done by a person giving or receiving instruction.
(2) The rights conferred by this Part are not infringed
(3) Where a recording which would otherwise be an illicit recording is made in accordance with this section but is subsequently dealt with, it shall be treated as an illicit recording for the purpose of that dealing.
Recording of broadcasting and cable programmes by educational establishment
Acts done to performance or recording for Parliamentary proceedings
Transfer of recording of performance in electronic form
(4) For the purposes of subsection (3) and section 112
(2) “dealt with” means sold or let for hire, or offered or exposed for sale or hire.
112. (1) A recording of a broadcast or cable programme, or a copy of such a recording, may be made by or on behalf of an educational institution for the educational purposes of that establishment without thereby infringing any of the rights conferred by this Part in relation to any performance or recording included in it.
(2) Where a recording which would otherwise be an illicit recording is made in accordance with this section but is subsequently dealt with under section 111 (4) it shall be treated as an illicit recording for the purposes of that dealing.
113. The rights conferred by this Part are not infringed by anything done for the purpose of
(a) | parliamentary | or | judicial | proceedings | or | the | |
---|---|---|---|---|---|---|---|
reporting of those proceedings; or | |||||||
(b) | the proceedings of a statutory inquiry or the | ||||||
reporting of those proceedings held in public. | |||||||
114. | (1) | Where a recording of a performance in electronic |
form has been purchased on terms which, expressly or impliedly or by virtue of any rule of law, allows the purchaser to make further recordings in connection with his use of the recording, then, in the absence of any express terms
Use of for recordings of spoken words
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 recording made by the purchaser which is not also transferred shall be treated as an illicit recording for all purposes after the transfer.
115. (1) Where a recording of the reading or recitation of a literary work is made for the purpose of
it is not an infringement of the rights conferred by this Part to use the recording, or to copy the recording and use the copy for that purpose, provided the conditions specified in subsection (2) are met.
(2) The conditions referred to in subsection (1) are that
Playing sound 116. (1) It is not an infringement of any right conferred by recording for
this Part to play a sound recording as part of the activities of, or for the
benefit of a club, society or other organisation if
Incidental 117. (1) Subject to subsection (2), a person who proposes recording for
to broadcast a recording of a performance, or to include a recording of a
performance in a cable programme service, in circumstances not
infringing the rights conferred by this Part, shall be treated as having
cable programme consent for the purposes of this Part for the making of a further recording for the purposes of the broadcast or cable programme.
Recordings for 118. The rights conferred by this Part are not infringed by the supervision and
making or use by a prescribed broadcasting organisation for the purpose
of maintaining supervision and control over programmes broadcast by
that organisation, of recordings of those programmes.
Order 119. (1) Subject to the provisions of this section, the excepting acts
Minister may, by order, provide that the rights conferred by this Part are
not infringed by the doing of such acts in relation to the performance as
are specified in the order, where such acts are done in the circumstances
so specified.
(2) An order made under subsection (1) may
(3) No order may be made under this section unless the Minister is satisfied
Court may 120. (1) Subject to the provisions of this section, the Court consent on
may, on the application of a person who wishes to make a recording
from a previous recording of a performance, give consent in a case
where
(2) Consent given by the Court has effect as consent of the performer for the purpose of
and may be given subject to such conditions as the Court may specify in the order.
(3) The Court shall not give consent under paragraph
Duration of rights in performances
Transmission of rights in performances
(6) Where the Court gives consent under this section it shall, in default of agreement between the applicant and the performer, make such order as it thinks fit as to the payment to be made to the performer in consideration of consent being given.
Duration and Transmission of Rights in
Performances; Consent
Consent
Infringement actionable as breach of statutory duty
Order for delivery up of illicit recording in Court
Right to seize illicit
death.
123. (1) Consent for the purposes of this Part may be given in relation to a specific performance, a specified description of performances, or performances generally, and may relate to past or future performances.
Remedies for Infringement of Rights in Performances
(4) | Nothing in this section affects any other power of | |
---|---|---|
the Court. | ||
126. | (1) | Subject to any decision of the Court under section |
134 and the conditions specified in subsections (2), (3) and (4), an illicit
recordings 134 and the conditions specified in subsections (2), (3) and (4), an illicit recording of a performance which is found exposed or otherwise immediately available for sale or hire and in respect of which a person would be entitled to apply for an order under section 134 may be seized and detained by him or a person authorised by him.
(4) | For the purposes of this section “premises” | |||||||||
---|---|---|---|---|---|---|---|---|---|---|
includes land, buildings, fixed or moveable structures, vehicles, vessels | ||||||||||
and aircraft. | ||||||||||
Offences In Relation to Performances | ||||||||||
Criminal liability for | 127. | (1) | A person who without sufficient consent | |||||||
making illicit recordings | (a) | makes for sale or hire; | ||||||||
(b) | imports | into | Saint | Vincent | and | the | ||||
Grenadines 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; or | ||||||||||
(d) | in the course of a business, | |||||||||
(i) | sells or lets for hire; or | |||||||||
(ii) | offers or exposes for sale or hire; or | |||||||||
(iii) | distributes, | |||||||||
a recording which is, and which he knows or has reason to believe is, an | ||||||||||
illicit recording, commits an offence. |
(a) | to be shown or played in public; or |
(b) | to be broadcast or included in a cable |
programme service, |
thereby infringing any of the rights conferred by this Part, if he knows or ought to have known that those rights are thereby infringed, commits an offence.
Order for delivery up of illicit recording in criminal proceedings
(7) A person guilty of any other offence under this section is liable on summary conviction to a fine not exceeding one thousand dollars or to imprisonment for a term not exceeding six months or to both fine and imprisonment.
128. (1) The Court before which proceedings are brought against a person for an offence under section 127 may, if satisfied that at the time of his 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 it be delivered up to a person having performer’s rights or recording rights in relation to the performance or to such other person as the Court may direct.
PART X – COLLECTIVE SOCIETIES
Collective societies to be registered
129. (1) No person or association of persons shall, after the coming into force of this Act, commence or carry on the business of issuing or granting licences in respect of any work in which copyright or related rights subsists or in respect of any other rights conferred by this Act except in accordance with the registration granted under subsection (3).
(2) Notwithstanding subsection (1)
Administration 130. (1) Subject to such conditions as may be prescribed of rights by collective
(a) a collective society may accept from an
owner of rights exclusive authorisation to administer any right in any work by issue of licences or collection of licence fees or both; and
(b) an owner of rights shall have the right to withdraw such authorisation without prejudice to the rights of the collective society under any contract.
(2) A collective society shall be competent
(3) Subject to such conditions as may be prescribed, a copyright society may
Control over 131. (1) A collective society shall be subject to the control the copyright
of the owners of rights whose rights it administers, not being owners of
rights administered by a foreign society or organisation, and shall, in
such manner as may be prescribed
(2) All fees distributed among the owners of rights shall as far as may be, be distributed in proportion to the actual use of their works.
Submission of 132. (1) A collective society shall submit to the Registrar returns and
such returns as may be prescribed.
(2) The Registrar may call for any report or records of a collective society for the purposes of satisfying himself that the fees collected by the society in respect of rights administered by it are being utilized or distributed in accordance with the provision of this Act.
Rights and 133. Nothing in this Part shall affect the rights or liabilities in liabilities of
any work in connection with a performing rights society which had
accrued or were accrued on or before the day prior to the commencement
rights societies accrued or were accrued on or before the day prior to the commencement of this Act on any legal proceedings in respect of any such rights or liabilities pending on that day.
Order for disposal of infringing copy or illicit recording
134. (1) An application may be made by the owner of a copyright to the Court for an order that
or a decision that no order under paragraph (a) or (b) should be made.
(2) In considering what order should be made, the Court shall have consideration of the following:
Period after which delivery up not available
remedies available in an action for infringement of those rights would be adequate to compensate the person or persons entitled to the rights and to protect their interests.
(3) Provisions shall be made by order of Court with respect to the service of notice on persons having an interest in the copy or other articles or the illicit recording, as the case may be, and any such
person shall be entitled | |
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(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.
135. (1) An application for an order under section 30 or 125 may not be made after the end of the period of six years from the date on which the infringing copy or article or, the illicit recording in question was made, subject to the following provisions.
(2) If during the whole or any part of that period a person entitled to apply for an order
an application may be made by him at any time before the end of the period of six years from the date on which he ceased to be under a disability or, could with reasonable diligence have discovered those facts.
(3) An order made under section 30 or 126 shall not, in any case be made after the end of the period of six years from the date in which the infringing copy or article or, the illicit recording in question was made.
General civil 136. (1) The Court shall have the authority remedies
infringement is continued.
Time limit for 137. No prosecution for an offence under this Act shall be prosecution
commenced after the expiration of one year after the discovery of the offence.
Powers of 138. (1) Subject to section 139, a police officer not members of
below the rank of an Sargeant may,
in which he reasonably suspects there is an infringing copy of a work or an illicit recording or any article used or intended to be used for making infringing copies or illicit recordings; and
(d) seize, remove or detain
(i) any article which appears to him to be an infringing copy or an illicit recording or any other article which appears to him to be intended for use for making such copies or recordings; and
(iii) 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 not below the rank of an Sargeant may
Restrictions on entry and search of premises
Obstruction of member of Police Force
139. (1) Pursuant to section 138, no premises shall be entered and searched by a police officer unless a magistrate has issued a warrant under subsection (2).
140. (1) Without prejudice to any other written law, any person who
(a) willfully obstructs a member of the Police Force in the exercise of his powers or the performance of his duties under this Act;
Offences by body corporate
Power to make regulations
International organisations
commits an offence and is liable on summary conviction to a fine not exceeding two thousand five hundred dollars or to imprisonment for a term not exceeding twelve months.
(2) Nothing in this section shall be construed as requiring any person to give any information which may incriminate him.
(2) Where an original literary, dramatic, musical or artistic work is first published by or under the direction or control of an international organisation to which this section applies in any circumstance whereby copyright would not, except by virtue of this subsection, subsist in the work immediately after the first publication thereof, and
(a) the work is so published in pursuance of an agreement with the author which does not reserve to the author the copyright, if any, in the work; or
Act binds Crown
Repeal Cap. 262
Transitional provisions
(b) the work was made in circumstances that, if it had been first published in Saint Vincent and the Grenadines, the
organisation would have been entitled to the copyright in the work,
then, copyright shall subsist in the work by virtue of this section and the organisation shall be first owner of that copyright.
146. The Copyright Act, is repealed.
occurring or of any contract or agreement made on or after the appointed day,
shall be governed by this Act.
Passed in the House of Assembly this 20th day of February 2003.
NICOLE HERBERT Clerk of the House of Assembly (Ag.)