First Session Ninth Parliament Republic of Trinidad and Tobago
REPUBLIC OF TRINIDAD AND TOBAGO
[L.S.]
AN ACT to amend the Copyright Act, 1997
[ Assented to 1st May, 2008]
WHEREAS it is enacted by section 13(1) of thePreamble Constitution that an Act of Parliament to which that section applies may expressly declare that it shall haveeffect even though inconsistent with sections 4 and 5 ofthe Constitution, and if any Act does so declare it shallhave effect accordingly:
Enactment
Short title
Act inconsistent with Constitution
Interpretation Act No. 8 of 1997
Section 3 amended
And whereas it is provided in subsection (2) of thesaid section 13, that an Act of Parliament to which thatsection applies is one the Bill for which has been passedby both Houses of Parliament and at the final votethereon in each House has been supported by the votesof not less than three-fifths of all the members of that House:
And whereas it is necessary and expedient that thisAct have effect even though inconsistent with sections 4and 5 of the Constitution:
ENACTED by the Parliament of Trinidad and Tobago asfollows:—
3. Section 3 of the Act is amended—
“ “communication to the public”means the transmission to the public by wire or wireless means, including the making available tothe public of the images or soundor both, of a work, performance orsound recording, in such a waythat members of the public mayaccess it from a place and at a timeindividually chosen by them;”;
sequence the following definition: “ “infringing copies” means—
(iii) any other copy falling to betreated as an infringing copy,it not having been made inaccordance with the provisionsof sections 9, 10, 11, 12, 13, and 14;”;
“ “rights management information”means information or numbers or codes representing information,attached to a copy of a work, fixedperformance, sound recording orfixed broadcast or appearing inconnection with the broadcastingor communication to the public, ofa work, fixed performance, soundrecording or a broadcast—
(h) in the definition of “work of joint authorship”, by inserting after the word “the”, inthe second place where it occurs, the words“contribution of each author is not separatefrom that of the other author or authors and the”.
4. Section 18 of the Act is amended by inserting aftersubsection (3) the following subsections:
“(4) Independently of his copyright and evenwhere he is no longer the owner of copyright, theperformer shall, as regards his live auralperformances and performances fixed in soundrecordings, have the right—
“Duration of 19A. The rights under section 18(4) shall
moral rights
of performers be protected until the end of the fiftiethcalendar year following the year in whichthe performance was fixed in a soundrecording or, in the absence of such afixation, from the end of the year in whichthe performance took place.”.
Section 18 amended
Section 19 amended
Section 19A inserted Section 21 amended
Section 22 amended
Section 23 amended
Section 26 amended
7. Section 21 of the Act is amended in subsection (1)—
“(d) the distribution to the public,by sale or other transfer ofownership, of a fixation of hisperformance or copies thereof,that have not already been subjectto a distribution authorized by theperformer;
“(a) a performance, is the performer in the performance;
“Certain 32A. (1) A non-exclusive licensee may
infringement
bring an action for infringement of
actionable by non-exclusive
copyright or neighbouring rights where—
licensee
Section 34 amended
13. Section 34 of the Act is amended—
(a) in subsection (1)—
“(d) imports into Trinidad and Tobago; or”;
(iii) by re-lettering paragraph (d) as paragraph (e); and
(iv) by deleting the words “the making of which he knows or has reason to believe constituted an infringementof copyright.” and substituting the words “which is, and which he knows or has reason to believe, is an infringing copy of a work.”; and
(b) in subsection (2), by deleting the words “the making of those copies would constitute an infringement of copyright.” and substituting the words “it is to be used to make infringing copies.”.
14. The Act is amended by inserting after section 34, Sections 34A and 34B
inserted
the following sections: “Measures, 34A. (1) The following acts shall
remedies and
sanctions constitute infringements of copyright and
against acts
neighbouring rights:
constituting infringe
ments of (a) the manufacture or importation for
copyright and
neighbouring sale or rental of any device or
rights
means, specifically designed or adapted to circumvent any device or means intended to prevent or restrict reproduction of a work or to impair the quality of copies made (the latter device or means hereinafter referred to as “copyprotection or copy-management device or means”); and
(b) the manufacture or importation for sale or rental of any device or means that is susceptible to enable or assist the reception of an encrypted programme, which is broadcast or otherwise communicated to the public, including by satellite, by those who are not entitled to receive the programme.
(2) Section 38 shall apply to an illicit device or means mentioned in subsection (1) as it applies to infringing
copies.
Abuses in respect of rights management information
(3) The owner of copyright in awork shall also be entitled to damages forinfringement provided for by sections 31(1)and 38(1)(d), where—
34B. (1) The following acts are infringements of copyright and neighbouringrights:
without authority, of any work,performance, sound recording orbroadcast, or any copy of such work, performance, soundrecording or broadcast by anyperson who knows or has reason tobelieve that electronic rights management information has been removed from or altered in such work, performance, soundrecording or broadcast, withoutauthority.
(2) For the purposes of this Part,any copy of a work, performance, soundrecording or broadcast referred to insubsection (1), constitutes an infringingcopy of such work, performance, soundrecording or broadcast.”.
15. The Act is amended by deleting the heading—
“PART VIII CIVIL REMEDIES AND CRIMINAL LIABILITY”
16. The Act is amended by inserting after section 40,the following heading:
“PART VIII OFFENCES”
17. The Act is amended by deleting section 41 and
substituting the following sections: “Penalties in 41. (1) A person commits an offence
respect of
who, without the licence of the copyright
infringing copies of a
owner—
work, performance,
(a) makes for sale or hire;
sound recording or
(b) imports into Trinidad and Tobago
broadcast
otherwise than for his private anddomestic use;
Heading
Heading inserted
Section 41 deleted and substituted
an article which is, and which he knows orhas reason to believe is, an infringing copyof a copyright work, performance, soundrecording or broadcast.
(2) A person commits an offencewho—
knowing or having reason to believe that itis to be used to make infringing copies forsale or hire or for use in the course of a business.
(3) A person guilty of an offenceunder subsections (1) and (2) is liable onsummary conviction to a fine of twohundred and fifty thousand dollars andimprisonment for ten years.
Penalities in respect of unauthorized public performance
(4) The Magistrate before whomproceedings are brought against a personfor an offence under this section may, ifsatisfied that at the time of his arrest or charge the person had in his possession,custody or control—
order that the infringing copy, article,apparatus, implements or devices bedestroyed or delivered up to the copyrightowner or to such other person as theMagistrate may direct.
41A. (1) Where copyright or neighbouringrights are infringed (otherwise than by reception of a broadcast or cableprogramme)—
any person who caused the work to be soperformed, played or shown is guilty of anoffence if he knew or had reason to believe that copyright would be infringed.
Section 42 amended
Section 44 deleted and substituted
(2) A person guilty of an offence under subsection (1), is liable on summary conviction to a fine of two hundred and fifty thousand dollars and to imprisonment for ten years.”.
18. Section 42 of the Act is amended by deleting all the words after the words “as well as the body corporate” and substituting the words “commits an offence and in the case of an officer of such body corporate, is liable, upon conviction, to a fine of two hundred and fifty thousand dollars and to imprisonment for ten years and in the case of the body corporate, is liable upon conviction, to a fine of two hundred and fifty thousand dollars.”.
19. The Act is amended by deleting section 44 and
substituting the following section: “Powers of 44. (1) For the purposes of any offence
the
Magistrate under this Part, where copies suspected of being infringing copies of a work, performance, sound recording or broadcast have been seized, it shall be sufficient to examine one per centum or any five copies, whichever is the lesser and where such examination establishes that such copies are all infringing copies, it shall be presumed, until the contrary is proven, that the remaining copies are infringing copies.
(2) Where a person is convicted of an offence under this Part the Magistrate shall in imposing a sentence be entitled to take into consideration the entire number of infringing copies of a work, performance, sound recording or broadcast seized at the time of arrest or charge.”.
20. Section 45 of the Act is amended— Section 45 amended
“(b) any apparatus, implements and devices used for transporting or marketing an article which appears to him to be an infringing copy of a work, performance, sound recording or broadcast; and”;
(iii) by re-lettering paragraph (b) as paragraph (c);
“(6) A police officer who has reasonable cause to suspect that—
(i) copies of a work, performance, sound recording, or broadcast found in any premises or place, vessel, aircraft or vehicle are infringing copies; and
(ii) any apparatus, implements or devices found in any premises or place, vessel, aircraft or vehicle are being used for the purpose of transporting or marketing infringing copies,
and that such copies, apparatus, implements or devices appear, having regard to all the circumstances, to have been abandoned, may bring such copies, apparatus, implements or devices before a Magistrate and upon proof that the copies, apparatus, implements or devices are infringing copies, apparatus, implements or devices apply for an Order for the destruction of such copies, apparatus, implements or devices or that such copies be dealt with as the Magistrate may think fit.”.
Section 59 inserted 21. The Act is amended by inserting after section 58, the following section: “Limitation of 59. Section 3 of the Limitation of
certain
actions Certain Actions Act, 1997 applies to an
Act No. 36 of
1997 action to recover any sum recoverable under this Act.”.
Passed in the Senate this 12th day of February, 2008.
Clerk of the Senate
ITIS HEREBY CERTIFIED that this Act is one the Bill for which has been passed by the Senate and at the final vote thereon in the Senate has been supported by the votes of not less that three-fifths of all the members of the Senate, that is to say, by the votes of 28 Senators.
Clerk of the Senate
Passed in the House of Representatives this 18th dayof April, 2008.
Acting Clerk of the House
ITIS HEREBY CERTIFIED that this Act is one the Bill for which has been passed by the House of Representatives and at the final vote thereon in the House has been supported by the votes of not less that three-fifths of all the members of the House, that is to say, by the votes of 26 members of the House.
Acting Clerk of the House