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
SECTION
Short title.
Publication.
Protected Works
Copyright in general.
Identification with Work
Objection to Treatment of Work of Visual Art
Related Rights
Ownership of Copyright
19. Ownership of copyright.
Transfer of Copyright
General Provisions
Infringement of Copyright Remedies for Copyright Owner
Remedies of Exclusive Licensee
Infringement of Moral Rights and Related Rights
Remedies for Infringement of Moral Rights and Related Rights
Supplementary
Preliminary
57. Definition of “sufficient acknowledgement”.
General Exceptions
Use of Work for Educational Purposes
Exceptions affecting Libraries and Archives
Exceptions relating to Public Administration
Miscellaneous Exceptions relating to Sound Recordings
97. Conferment of rights in live performances.
Performer’s Rights
Rights of Person Having Recording Rights
Exceptions to Infringement
Duration and Transmission of Rights in Live Performances: 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 —
“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 —
“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 —
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 —
“qualified person” —
“qualifying performance” means a live performance that —
“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 —
on terms that it will or may be returned; “reprographic process” means a process —
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 —
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 —
however, a work of visual art does not include —
(iii) any portion or part of any item described in subparagraph (i) or (ii);
“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.
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.
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 —
references in this Act to a programme, in the context of transmitted are to any item included in a transmission.
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 —
(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 —
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.
(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.
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.
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.
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.
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.
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 —
and any such right is infringed by any person who does anyof the acts specified in section 46 in the circumstances sospecified.
“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 —
“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 —
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.
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.
18. The rights conferred by —
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.
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.
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.
(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 —
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.
and if, or to the extent that, the right does not pass under paragraph (a) or (b), it is exercisable by his personalrepresentatives.
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.
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.
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.
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 —
but neither the deposit requirement of this subsection nor the acquisition provisions of subsection (4) are conditions of copyright protection.
Deposit of copies or phonorecords for the Department of Archives.
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;
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 —
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.
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 —
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.
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 —
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.
General Provisions
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 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 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.
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 —
Action owner of copyright.
(3) The damages referred to in subsection (2) are asfollows —
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.
42. (1) Subject to the provisions of this section and subsection (5) of section 44, where a person —
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
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 —
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 —
47. The right conferred by section 12 is alsoinfringed by a person who —
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 —
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 —
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 —
knowing or having reason to believe that the attribution is false.
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 —
knowing or having reason to believe that such is not the case.
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.
53. (1) Any person who at a time when copyright in a work subsists by virtue of this Act —
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.
knowing or having reason to believe that copyright subsistsin the work and that the performance constitutes an infringement of copyright, commits an offence.
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 —
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.
Supplementary
(iii) the payment of fees in respect of the notice;
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
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 —
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 —
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 —
61. Copyright in a work is not infringed —
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.
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 —
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.
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 —
(1) shall include the following —
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.
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 —
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.
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.
then rights conferred by subsection (1)(a) and (b) of section 12 shall not apply.
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.
75. Notwithstanding the provisions of section 9, the following are not infringement of copyright —
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 —
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.
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.
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 —
Exceptions respecting ephemeral recordings.
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 —
(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.
Provided that —
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.
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.
appear to the Minister to be necessary or expedient for the purpose of giving effect to the order.
86. (1) There is hereby established for the purposeof this Act a tribunal to be called the Copyright Royalty Tribunal.
(iii) to minimize any disruptive impact on the structure of the industries involved and on generally prevailing practices of thoseindustries;
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.
88. (1) All administrative functions under this Act, except as otherwise specified, are the responsibility of theRegistrar of Copyrights.
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.
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.
95. (1) The following fees shall be paid to the Registrar —
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.
(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.
97. (1) By virtue of, and subject to the provisions of this Part, rights are conferred on —
(2) The rights conferred by this Part are independent of —
Performer’s Rights
98. A performer’s rights are infringed by a person who, without his consent —
(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 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
(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 —
(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
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 —
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.
109. The rights conferred by this Part are notinfringed by anything done for the purposes of —
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 —
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.
Duration and Transmission of Rights in Live Performances: Consent
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 —
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
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.
Remedies for Infringement of Rights in Live Performances
Offences
118. (1) A person commits an offence who without sufficient consent —
(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.
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.
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.
121. (1) An application may be made to the court for —
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.
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.
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 —
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.
(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.
125. (1) No domestic premises shall be entered and searched pursuant to section 124 unless a magistrate has issued a warrant under subsection (2).
126. (1) Without prejudice to any other written law, any person who —
is liable on summary conviction to a fine of ten thousand dollars or to imprisonment for one year.
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).
“Bahamian performances” means —
“Bahamian works” means —
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 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 —
1. The Tribunal shall consist of the following members —
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.