Loi sur le droit d'auteur (Cap. 67), Grenade, WIPO Lex

Texte(s) princip(al)(aux)

Anglais Copyright Act (Cap. 67)

Arrangement of Sections

Section

PART I

PRELIMINARY

1. Short title 2. Interpretation and application 3. Publication 4. Broadcasting, and communication by cable. not to constitute

performance

PART II

5. Categories of protected works 6. Qualifications for protection 7. Nature of copyright 8. Duration of copyright

PART III

NEIGHBOURING RIGHTS

9. Categories of protected productions lO. Qualifications for protection 11. Nature of protection 12. Duration of protection 13. Performers' rights 14. Duration of performers' rights 15. Rights in published editions 16. Copyright and neighbouring rights to subsist independently

PART IV

OWNERSHIP AND ASSIGNMENT

Section 17. Ownership of copyright and other rights 18. Assignments and licences 19. Meaning of owner of copyright or neighbouring rights 20. Prospective owner of copyright and neighbouring rights 21. Devolution by will of rights in unpublished manuscripts or other

original records

2 of 53 PART V

INFRINGEMENTS

22. Definition of i 'action'' 23. Infringements 24. Liability for infringement in a place of public entertainment 25. Action by owner of copyright or neighbouring rights for infringement 26. Wide injunction available to licensing bodies 27. Proceedings in cases of copyright or neighbouring rights subject

to exdusive licence 28. Presumptions as to subsistence and ownership of copyright and

neighbouring rights 29. Presumptions in relation to authorship of protected works 30. Evidence in relation to recordings 31. Evidence in relation to audio-visual productions 32. Privilege against incrimination of self or spouse not available in

infringement and related proceedings 33. Provision for restricting importation of infringing copies

PART VI

EXCEPTIONS

34. Acts which do not constitute infringement 35. Statutory licences, broadcasting, etc.

PART VII

OFFENCES' ETC.

36. Offences in respect of dealings that infringe protected work 37. Offence of unauthorized public performance 38. Offences in respect of records made without the consent of performers 39. Special defence in case of private and domestic use 40. Offence in respect of broadcasting or communicating by cable 41. Offence of making or possessing plates. etc., for contravention of

section 38 42. Power of court to order destruction and forfeiture 43. Special defences 44. Performer's consent by agent 45. Offence if performer's consent is represented and given without

authority 46. Powers of police officers 47. Restriction on entry and search of domestic premises 48. Offence of obstructing police, etc. 49. Power to arrest without warrant 50. Offences by officers of a body corporate 51. Time limit for prosecution

3 of 53 PART VIII

MORAL RIGHTS

52. Authors' moral rights

PART IX

SPECIAL JURISDICTION OF THE HIGH COURT

53. Interpretation of Part 54. Jurisdiction of the High Court 55. Procedure in proceedings before the High Court 56. Disputes with licensing bodies may be referred to High Court 57. Right of appeal to Court of Appeal on certain grounds

PART X

INTERNATIONAL ARRANGEMENTS

58. Application of Act to other countries 59. Denial of copyright or neighbouring rights to citizens of countries

not giving adequate protection to Grenada works or performances 60. Application of Act to international organizations 61. Original works made or first published by international organizations 62. Recordings and audio-visual productions made or first published

by international organizations

PART XI

MISCELLANEOUS

63. Power of Minister to make regulations 64. Copyright and neighbouring rights subsist only under this Act 65. Transitional provisions 66. Savings

SCHEDULE-Rates of Royalties payable for recording Musical and Literary WorkG

4 of 53 CONTENTS

VOLUME III

CAP. TITLE

67. Copyright 68. Copyright (Delivery of Books) 69. Coroners 70. Cotton (Comrol) 71. Council of Legal Education 72. Cremation 73. Crown Lands 74. Crown Proceedings 75. Currency

76. Dairy Industry 77. Deceased Americans Consular Representation 78. Deceased Officer's Salary or Pension 79. Deeds and Land Registry 80. Department of Labour 81. Destruction of Court Records 82. Diplomatic Privileges and Immunities 83. Distribution and Price of Goods

84. Education 85. Education (Compulsory at Primary Schools) 86. Electricity Supply 87. Embarkation Tax 88. Emergency Powers 89. Employers 90. Employment of Women, Young Persons and Children 91. Evangelical Churches of the West Indies (Incorporation) 92. Evidence 93. Exchange Control 94. Excise 95. Excise (General Commodities)

96. Explosives 97. Exportation of Fruit 98. Extradition

99. Facilities for Title l00. Factories 101. Father Hilarion (Cheshire) Home (Incorporation) l02. Finance and Audit 103. Fire Brigades l04. Fire Inquiry 105. Ftreanns l06. First Church of Christ. Scientist (Incorporation) 107. Fiscal Incentives l08. Fisheries

5 of 53CHAPTER 67

AN ACT to make provision for the protection of copyright and neighbouring rights, and for incidental and connected matters

[ 3rd February, 1989·]

PART I

PRELIMINARY

L This Act may be .cited as the

2* (1) In this Act- u adaptation" means-

(a) in relation to a literary work in a non-dramatic form, a version of the work (whether in its original language or in a djfferent language) in a dramatic form;

(b) in relation to a literary work in a dramatic form, a version of the work (whether in its original language or in a different language) in a non- dramatic form;

(i) a translation of the work; or (ii) a version of the work in which the story

or action is conveyed solely or principally by means of pictures; and

(d') in relation to a musical work, an arrangement or transcription of the work;

<&(,artistic work" means-

(a) a painting, sculpture. drawing, engraving or photograph. whether the work is of artistic quality or not:

(b) a building or a model of a building, whether the building or model is of artistic quality or not or

.. 'audio-visual production'~ means the aggregate of a series of related visual images, together with accompany- ing sounds, if any, which is capable of being shown by means of a mechanical, electronic or other device and irrespective of the nature of the material support on which the visual images and sounds, if any, are carried, but does not include a broadcast;

Act 32 of 1988

Short title

lnlcrprctation an<l application

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Hauthor" means-

(a) in relation to a literary work, the author of the work;

(b) in relation to a musical work, the composer: (c) in relation to an artistic work other than a

photograph. the artist;

(d) in relation to a photograph, the person taking the photograph;

"~a broadcast~~ means the aggregate of sounds, or of sounds and visual images~ embodied in a programme as transmitted by radio or television broadcasting:

"'to broadcast" means to transmit, by the emission of electro-magnetic energy otherwise than over a path that is provided by a material substance, visual images or sounds, or both. for reception by the public notwithstanding that-

(a) subsequent to the initial transmission, but before reception by the public. the images or sounds may be carried on a path provided by a material substance;

(b) the pubJic receiving, or capable of receiving, the images or sounds is in a country other. than that from which the original transmission took place;

Provided oniy that members of the public could, if in possession of suitable apparatus, receive them;

~'building'' includes a structure of any kind; ''communication by cable" in relation to a protected work,

production or performance, means the transmission to the public over wires, or other paths provided by a material substance, of the work, production or performance;

''computer software'· 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 an electronic or other device having information~processing capabilities to indicate, perform or achieve a particular function, task or result;

"'copy" in relation to an audio-visual production or a broadcast, means any print, negative~ tape or other article on which the production or broadcast. or a part thereof, is recorded;

7 of 53 ''copyright'' means copyright subsisting under Part H; ''distribution'' mean:: t.he distribution to the public for

commercial purposes, of copies of a work or production by way of rental, lease, hire, loan or similar arrangement;

'~dramatic work'' indudes- (a) a choreographic show or entertainment in dumb

show; and (b) a scenario or script for an audio-visual production

but does not include an audio-visual production, as distinct from the scenario or script, for an audio-visual production;

"drawing" includes a diagram, -~ap,. chart or plan; -"engraving" includes an etching, H~hograph, product of

·photogravure, woodcut, print or similar work, not being a photograph;

''future copyright or neighbouring rights'' means copyright or neighbouring rights which will or may come into existence in respect of any future work, production, performance or edition, or on the coming into operation of this Act, or in any other future event, and 4 'prospective owner'' shall be construed accordingly, and in relation to any such copyright or neighbouring rights, includes a person prospectively entitled thereto by virtue of such an agreement as is mentioned in section 20( 1);

Hinfringing copy" means- (a) in relation to a protected work, a reproduction

of the work not being a copy of an audio-visual production incorporating the work;

(b) in relation to a sound recording, a record embodying the recording not being a sound-track associated with visual images fonning part of an audio-visual production;

(d) in relation to a television broadcast, an audio- visual production incorporating the broadcast or a copy of such a production;

(e) in relation to a sound broadcast, a record embodying a sound recording of the broadcast;

(f) in relation to a performance, a copy of a record of the performance; and

(g) in relation to an edition, a reproduction of the edition,

being an article the making of which constituted an · infringement of the copyright or neighbouring rights in the protected work, production, performance, or edition or, in the case of an imported article, would have constituted an infringement of that copyright or those neighbouring rights if the article had been made in Grenada by the importer;

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Hliterary work'' includes- (a) a dramatic work; (b) a written table or compilation; (c) computer software:

"maker" means-

(a) in relation to a sound recording, the person who owns the first record embodying the sound recording;

(b) in relation to an audio-visual production, the person by whom the arrangements necessary for the making of the production are undertaken;

(c) in relation to a broadcast the broadcasting organization by which the visual images or sounds in question, or both, are first broadcast~'

"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 matters relating to copyright;

'•neighbouring rights" means rights subsisting under Part III;

'°performer" means any actor, singer, musician, dancer or other person who acts, sings, depicts~ delivers, declaims, plays in or otherwise performs a literary, musical or artistic work;

•'performance H includes any mode of visual or acoustic presentation,, including any such presentation by the exhibition of an audio-visual production, or by the operation of apparatus for receiving broadcasts or communications by cable, or by the use of a record or by any other means and, in relation to a lecture, includes the delivery of such lecture;

Hphotograph" includes photolithograph and any work produced by any process analogous to photography but does not include any part of an audio-visual production;

~~plate'' means any material object in which a work, production, performance or edition has been embodied and by the use of which copies or reproductions of the work, production, performance or edition may be made;

44 prospective owner" has the meaning assigned in the definition '£future copyright or neighbouring rights'';

"'protected edition" means an edition to which section 15 applies;

•'protected performance'~ means a performance in which rights subsist under section 13;

9 of 53 '.'protected production n means a sound recording, or an

audio-visual production or a broadcast in which rights subsist under section lO;

'"protected work" has the meaning assigned to it by sec- tion 5(4);

··qualified person'"- (a) in the case of an individual, means a person

who is a citizen of Grenada or who is domiciled or resident in Grenada;

(b) in the case of a body corporate, means a body incorporated or established under a written law;

Hrecord" means any disc, tape, perforated roll or other device in which sounds are embodied so as to be capable of being reproduced therefrom (other than a sound-track associated with an audio-visual production) and, in relation to a performance, includes an audio-visual production incorporating the performance;

''reproduction'"- (a) in the case of a literary or musical work, includes

a reproduction in the form of a record or audio- visual production;

(b) in the case of an artistic work, includes a version produced by converting the work into a three- dimensional form; or, if it is in three dimen• sions, by converting it into a two-dimensional form;

"sculpture'' includes a cast or model made for the purposes of sculpture;

"' sound recording'' means the aggregate of sounds embodied in, and capable of being reproduced by means of, a record of any description. other than

a sound-track associated with an audio-visual production;

•'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;

''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~

Hwriting" includes any form of notation, whether by hand or by printing, typewriting or any other process,

(2) References in this Act to the time at which, or the period during which, a literary 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.

10 of 53 (3) This Act binds the Government, but nothing in this Act

shall render the Government liable to prosecution.

3.. (1) Subject to this section, for the purposes of this Act- (a) a literary, musical or artistic work, or an edition of

such a work, ~hall be deemed to have been published, if, but only if, reproductions of t~e work or edition have been made available (whether by sale or other- wise) to the public;

{b) an audio-visual production shall be deemed to have been published if, but only if, copies of the production have been made available (whether by sale or otherwise), to the public;

(c) a sound recording shall be deemed to have been published if, but only if, records embodying the recording have been made available (whether by sale or otherwise), to the public.

(2) For the purposes of this Act, the performance of a literary or musical work, the exhibition of an artistic work, the con- struction of a building or of a model of a building, or the making available (whether by sale or otherwise) to the public of photographs or engravings of a building, of a model of

a building or of a sculpture, does not constitute publication of the work.

(3) A publication that is merely colourable and is not intended to satisfy the reasonable requirements of the public shall be disregarded for the purposes of this Act except in so far as it may constitute an infringement of copyright or neighbouring rights or may constitute an offence under this Act.

(4) For the purposes of this Act, a publication in Grenada or any other country shall not be treated as being other than the first publication by reason only of an earlier publication elsewhere, if the two publications took place within a period of not more than thirty days.

(5) In determining, for the purposes of any provision of this Act-

(a) whether a work. production or edition has been published;

(b) whether a publication of a work, production or edition was the first publication of the work, production or edition; or

any unauthorized publicadon or the doing of any other unauthorized act shall be disregarded.

(6) Subject to section 34(2)(j) a publication or other act shall, for the purposes of subsection (5), be taken to have been unauthorized if, but only if-

Publication

11 of 53(a) copyright or neighbouring rights subsisted in the work,, production or edition and the act concerned was done otherwise than by, or with the licence of, the owner of the copyright or the neighbouring rights: or

(b) copyright or neighbouring rights did not subsist in the work, production or edition and the act concerned was done otherwise than by or with the licence of-

(i) the author or, in the case of a sound recording, audio-visual production.. broadcast or edition of a work, the maker or publisher, as the case may be: or

(ii) persons lawfully claiming under the author, maker or publisher.

(7) Nothing in either subsection (5) or subsection (6) affects any provisions of this Act relating to the acts comprised in copyright or any neighbouring rights or to acts constituting infringements of copyright or neighbouring rights or offences under this Act.

4.. (1) For the purposes of this Act, the broadcasting or the communication by cable of a work, production or perfor- mance shall not be taken to constitute performance or to constitute causing visual images or sounds to be seen or heard; and where visual images or sounds are displayed or emitted by any receiving apparatus to which they are conveyed by the transmission of electro-magnetic signals (whether over paths provided by a material substance or not)-

(a) the operation of any apparatus whereby the signals are transmitted, directly or indirectly, to the receiving apparatus shall not be taken to constitute performance or to constitute causing the visual images or sounds to be seen or heard; but

(b) in so far as the display or emission of the images or sounds constitutes a performance, or causes them to be seen or heard, the performance, or the causing of the images or sounds to be seen or heard, as the case may be, shall be taken to be effected by the operation. of the receiving apparatus.

(2) (a) Without prejudice to subsection (1), and subject to subsection (3), where a work or production is performed, or visual images or sounds are caused to be seen or heard, by the operation of any apparatus to which this subsection applies, being apparatus provided by or with the consent of the occupier of the premises where the apparatus is situated~ the occupier of those premises shall for the purposes of this Act~ be taken to be the person giving the performance or causing the images or sounds to be seen or heard, whether he is the person opera.ting the apparatus or not, but this subsection shall not apply where the apparatus was provided by or with the consent of the occupier gratuitously or for a consideration which was only nominal~

Broadcasting. and com- " munication by cable. not to constitute performance

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Categories of protected works

Qualifications for protection

(b) this subsection applies to any such receiving apparatus as is mentioned in subsection (l) and to any apparatus for reproducing sounds by the use of a record.

(3) Nothing in subsection (2) shall affect the liability of any person who, not being the occupier, supplies apparatus to which subsection (2) applies if he has, within the meaning of section 7 ~ authorized the public performance of the work or production by the use of the apparatus.

PART II

5.. (1) Subject to this section, the categories of works m which copyright under this Act may subsist are-

(a) literary works; (b) musical works;

(2) Copyright shall not subsist in a work unless-

(a) it is original; and

(b) it has been written down, recorded or othervvise expressed in some material form.

(3) Copyright may subsist in a work notwithstanding that the making of the work involved an infringement of copyright subsisting in some other work or of the neighbouring rights in some protected production, performance or edition.

(4) References in this Act to a protected work are references to a work which-

(a) belongs to a category mentioned in subsection (n( � and (b) complies with subsection (2).

6.. (1) Subject to subsection (2), copyright shall subsist in any protected work-

(a) of which the author was a qualified person when the work was made or, if the making of the work extended over a period, was a qualified person for a substantial part of that period; or

(b) in the case of a published work- (i) if the first publication took place in Grenada: or

(ii) if the author was a qualified person when the work was first published; or

(iii) if the author had died before publication but was a qualified person immediately before his death;

(c) in the case of an artistic work which is a building or is incorporated in a building, if the building is erected in Grenada.

(2) In relation to a work of joint authorship, the references in subsection ( l) to the author shall be construed as references to any one of the authors.

13 of 53

Duration of copyright

7.. Subject to this Act, copyright means the exclusive right to do, or to authorize other persons to do, in Grenada or on any ship or aircraft registered in Grenada, any of the following acts-

(a) in relation to a literary or musical work-

(i) the adaptation, (ii) the reproduction in any material form.

(iii) the publication, (iv) the public performance,

(v) the communication by cable,

(vi) the broadcasting, or

(vii) the distribution of copies,

of the whole or a substantial part of the work and in- cludes, in relation to an adaptation of the work, any of the acts specified in subparagraphs (ii) to (vii) of this paragraph;

(b) in relation to an artistic work-

(i) the reproduction, in any material form, of the whole or a substantial part of the work;

(ii) the publication of the whole or a substantial part of the work;

(iii) the inclusion of the work, or a substantial part of it, in a communication by cable or in a tele- vision broadcast.

8.. Copyright subsisting in a work under this Part shall continue to subsist until the end of the period of fifty years immediately following the calendar year in which the author died .. but-

(a) in the case of a literary or musical work, if before the death of the author-

(i) the publication of the work;

(ii) the performance of the work in public;

(iii) the offer for sale to the public of records of the work;

(iv) the broadcasting of the work; or

(v) the communication by cable of the work.

had not taken place, the copyright shall continue to sub- sist until the end of the period of fifty years from the end of the calendar year in which one of those acts first takes place, or until the end of the period of one hundred years immediately following the year in which the author died, whichever period first comes to an end:

(b) in the case of an engraving, if it had not been published before the death of the author, the copyright shall continue to subsist until the end of the period of fifty years immediately following the end of the calendar year in which it is first published;

Nature of copyright

14 of 53

(c) in the case of a photograph, the copyright shall continue to subsist until the end of the period of fifty years immediately following the end of the calender year in which it is first published;

(d') in the case of an anonymous or pseudonymous work (other than a photograph), the copyright shall subsist until the expiration of fifty years from the end of the year in which the work was first published, but-

(i) a work shall not be treated as anonymous or pseudonymous if., before the end of the period mentioned in this paragraph, the identity of the author is generally known or can be ascertained by reasonable enquiry;

(ii) a work which has been published under two or more names shall not be treated as pseudonymous unless all those names are pseudonyms~

(e) in the case of a work of joint authorship, any reference in this subsection to the death of the author of a work shall be a reference to the death of the author who died last, whether or not he was a qualified person for the purposes of section 6( l).

PART III

NEIGHBOURING RIGHTS

9.. (1) Subject to this Act, the categories of productions in which neighbouring rights under this Part may subsist are-

(a) sound recordings; (b) audio-visual productions; (c) broadcasts.

(2) Neighbouring rights may subsist in a production notwith- standing that making of the production involved an infringe- ment of copyright subsisting in a protected work or of the neighbouring rights in some other protected production or in a protected performance or edition.

10. Neighbouring rights under this Part shall subsist in every production-

(a) in the case of a sound recording or audio-visual production-

(i) if the maker thereof was a qualified person for the whole or a substantial part of the period during which the sound recording or audio-visual production was made; or

(ii) if the sound recording or audio-visual production has been published, and the first publication thereof took place in Grenada;

(b) in the case of a broadcast, if the broadcast is made by a broadcasting organization in possession of a valid licence granted to it by or under the law regulating wireless telegraphy in force in Grenada.

Catel!ories of protected productions

Qualifications for protection

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Duration of protection

1L Subject to this Act, the neighbouring rights subsisting in a protected production are the ex.elusive rhzhts to do~ or

to authorize other persons to do, in relation to the production or a substantial part thereof, in Grenada or on any ship or aircraft registered in Grenada any of the following acts-

(a) in the case of a sound recording, reproducing or distributing copies of it;

(b) in the case of an audio-visual production- (i) making a copy of it,

(ii) distributing copies of it,

(iii) causing it to be publicly performed,

(iv) broadcasting it,

(v) communicating it by cable;

(i) being a television broadcast in so far as it consists of visual images, making an audio-visual production of it or a copy of such a production;

(ii) being a sound broadcast or a television broadcast in so far as it consists of sounds making a sound recording of it or a record embodying such a recording;

(iii) being either a television broadcast or a sound broadcast, re-broadcasting it or communicating it by cable.

12.. Neighbouring rights subsisting in a protected production under this Part shall-

(a) in the case of a sound recording, continue to subsist until the end of the period of fifty years immediately following the calendar year in which the sound recording was first published;

(b) in the case of an audio-visual production, continue to subsist until the end of the period of fifty years immediately following the calendar year in which it was first published~ publicly performed, broadcast or communicated by cable or at the end of the period of fifty years following the calendar year in which the production was made if by that date none of these acts had taken place;

(c) in the case of a broadcast, continue to subsist until the end of the period of fifty years immediately following the year in which it was first broadcast

13., (1) Neighbouring rights under this Part shall subsist in every perfonnance of a literary or musical work-

(a) by a performer who is a qualified person; (b) which takes place on or after the date of commencement

of this Act.

Nature of protection

Performers· rights

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Rights in published editions

(2) Subject to this Act and in particular to section 35(4), the neighbouring rights subsisting in a protected performance shall be the exclusive right to authorize any person to do, in relation to the performance or a substantial part thereof, in Grenada or on any ship or aircraft registered in Grenada, any of the following acts-

(a) the making of a record of the performance;

(b) otherwise than by the use of an authorized record-

(i) the broadcasting of the performance;

(ii) the use of a record of the performance for the purpose of giving a public performance;

(iii) the communication by cable of the performance.

(3) Where a protected performance has been reproduced on an authorized sound recording, the maker oflhe sound recording shall be entitled to receive a share not exceeding one-half, or such other proportion as may be prescribed, of any remunera- tion received by the performer in respect of the use of the sound recording for the purpose of broadcasting the perfor- mance, giving a public performance of it or communicating it by cable.

(4) For the purposes of this section, an authorized record, in relation to a performance, is a record incorporating, with the consent of the performer, the performance.

14. The neighbouring rights enjoyed by a performer under this Part shall continue to subsist until the end of the period of twenty-five years immediately following the calendar year in which the performance was given.

15.. (1) Neighbouring rights under this Part shall subsist in every published edition of any one or more literary or musical work or works in the case of which either-

(a) the first publication of the edition took place in Grenada; or

(b) the publisher of the edition was a qualified person at the date of the first publication thereof,

but this subsection does not apply to an edition which reproduces the typographical arrangement of a previous edition of the same work or works.

(2) The neighbouring rights subsisting in an edition under this section shall continue to subsist until the end of the period of twenty-five years immediately following the end of the calendar year in which the edition was first published.

(3) The act restricted by the neighbouring rights subsisting by virtue of this section in a published edition is the making of a reproduction of the typographical arrangement of the edition or of a substantial part thereot

Duration of performers· rights

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Ownership of copyright and other rights

16~ Where by virtue of this Part neighbouring rights subsist in a protected production~ performance or edition, nothing in this Part shall be construed as affecting the operation of Part II in relation to any protected work from which the protected production is wholly or partly derived, or which is wholly or partly the work performed, or which is. wholly or partly the subject matter of the edition; and the neighbouring rights subsisting by virtue of this Part shall be additional to, and independent of, any copyright subsisting by virtue of Part II.

PART IV

OWNERSHIP AND ASSIGNMENT

17. (l) Subject to this Act- (a) the author of a protected work;

(b) the maker of a protected production;

(dJ the publisher of a protected edition,

shall be the first owner of any copyright or neighbouring rights subsisting therein.

(2) Where a person commissions the taking of a photograph or the painting or drawing of a portrait or the making of an engraving, and pays or agrees to pay for it in money or money's worth, and the work is made in pursuance of that commission, the person who so commissioned the work shall be entitled to any copyright subsisting therein.

(3) Where a protected work, sound recording, audio-visual production or edition has been made by or under the direction. or control of the Government and, apart from this subsection, no copyright or neighbouring rights would subsist in the work, recording, production or edition, then the copyright or neighbouring rights shall subsist therein by virtue of this subsection and shaH belong to the Government.

(4) The copyright or neighbouring rights subsisting in a protected work, sound recording, audio-visual production or edition which has, with the author's or maker's written consent, been first published in Grenada by or under the direction or control of the Government shall belong to the Government.

(5) Subsections (2), (3) and (4) shall have effect subject to any agreement whereby it is agreed that the copyright or neighbouring rights in the work, sound recording, audio-visual production or edition shall vest in the author, maker or some other person designated in the agreement. For the purpc::::es of this subsection, "agreement" includes any conditions regulating or applying to the employment of a person i:n the service of the Government.

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~eaning of owner of copyright or neighbouring rights

Ut (1) Subject to this section, copyright or neighbouring rights shall be transmissible by assignment, by testamentary disposition or by operation of law, as personal or movable property.

(2) An assignment of copyright or neighbouring rights may be limited in any of the following ways, or in any combination of two or more of those ways, that is to say-

(a) so as to apply to one or more, but not an, of the classes of acts which, by virtue of this Act, the owner of the copyright or neighbouring rights has the exclusive right

to do (including any one or more classes of acts not separately designated in this Act as being restricted by the copyright or neighbouring rights but falling within any of the classes of acts so designated);

(b) so as to apply to any one or more, but not all, of the countries in relation to which the owner of the copyright or neighbouring rights has9 by virtue of this Act, that exclusive right;

(c) so as to apply to part, but not the whole, of the period for which the copyright or neighbouring rights is or are to subsist,

and references in this Act to a partial assignment are references to an assignment so limited.

(3) No assignment of copyright or neighbouring rights (whether total or partial) shall have effect unless it is in writing signed by or on behalf of the assignor.

(4) A licence granted in respect of any copyright or neighbouring rights by the person who, in relation to the matters to which the licence relates, is the owner of the copyright or neighbouring rights shall be binding upon every successor in title to his interest in the copyright or neighbouring rights, except a purchaser in good faith for valuable consideration and without notice (actual or constructive) of the licence or a person deriving title from such a purchaser; and references in this Act, in relation to any copyright or neighbouring rights, to the doing of anything with or, as the case may be, without the licence of the owner of the copyright or neighbouring rights shall be construed accordingly.

19$ ( 1) In the case of any copyright or neighbouring rights to which (whether in consequence of a partial assignment or otherwise) different persons are entitled in respect of the application of the copyright or neighbouring rights-

(a) to the doing of different acts or classes of acts; or

Assignments and Iicences

19 of 53

(b) to the doing of one or more acts or classes of acts in different countries or at different times,

the owner of the copyright or neighbouring rights, for any purpose of this Act, shall be taken to be the person who is entitled to the copyright or neighbouring rights in respect of

its application to the doing of the particular act or class of acts, or as the case may be, to the doing thereof in the particular country or at the particular time, which is relevant to the purpose in question; and, in relation to any future copyright or neighbouring rights to which different persons are prospectively entitled, references in this Act to the prospective owner of the copyright or neighbouring rights shall be construed accordingly.

(2) Without prejudice to th•.! generality of subsection ( 1), where under any provision of this Act a question arises whether an article of any description has been imported or sold or, otherwise dealt with without the licence of the owner of any copyright or neighbouring rights, the owner of the copyright or neighbouring rights for the purpose of determining that question shall be taken to be the person entitled to the copyright or neighbouring rights in respect of its application to the mak- ing of articles of that description in the country into which the article was imported, or in which it was sold or otherwise dealt with, as the case may be.

200 (l) Where, by an agreement made in relation to any future copyright or neighbouring rights and signed by or on behalf of the prospective owner of the copyright or neighbour- ing rights, the prospective owner purports to assign the future copyright or neighbouring rights (wholly or partially) to another person (in this subsection referred to as Hthe assignee"), then if, on the coming into existence of the copyright or neighbour- ing rights, the assignee or a person claiming under him would, apart from this subsection, be entitled as against all other persons to require the copyright or neighbouring rights to be vested in him (wholly or partly, as the case may be), the copyright or neighbouring rights shall. on coming into existence, vest in the assignee or his successor in title accordingly by virtue of this subsection and without further assurance.

(2) Where, at a time when any copyright or neighbouring rights come into existence, the person who, if he were then living would be entitled to the copyright or neighbouring rights is dead, the copyright or neighbouring rights shall devolve as if it or they had subsisted immediately before his death and he had then been the owner of the copyright or neighbouring rights.

Prospective owner of rnpyright and neighbouring righls

20 of 53

Devolution by win of rights in unpublished manuscripts or other orhzinal records

Definition of ··action··

infringements

(3) Section 18(4) shall apply in relation to a licence granted by a prospective owner of any copyright or neighbouring rights as it applies in relation to a licence granted by the owner of a subsisting copyright or neighbouring rights, and as if any reference in that subsection to the owner's interest in the copyright or neighbouring rights included a reference to his prospective interest therein.

21.. Where under a bequest (whether specific or general) a person is entitled, beneficially or otherwise, to an artistic work or to the manuscript or other support on which a protected literary or musical work was first expressed in material form, or to the material support in which a protected production or performance was first embodied, and the work, production or performance, as the case may be, 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 thereto'} be construed as including the copyright or the neighbouring rights in the work, production or performance, as the case may be, in so far as the testator was the owner of the copyright or neighbouring rights immediately before his death.

PART V

INFRINGEMENTS

22. For the purposes of this Part, "actionH includes a counterclaim, and references to the plaintiff and to the defendant in an action shall be construed accordingly.

23.. (1) The copyright or neighbouring rights in a protected work or a protected production, performance. or edition, is or are infringed by any person who, not being the owner of the copyright or neighbouring rights and without the licence of the owner thereof-

(a) in respect of the work, production, performance or edition, or a substantial part thereof, does, or authorizes another person to do, any of the acts mentioned in section 7, section 11, section 13 or section. 15 in relation to protected works, protected productions, protected performances or protected editions, respectively;

(b) imports an article (otherwise than for his private and domestic use) into Grenada if the making of that article constituted an infringement of that copyright or those neighbouring rights, or would have constituted such an infringement if the article had been made in Grenada by the importer;

(i) sells, lets for hire, or by way of trade offers or exposes for sale or hire any article; or

21 of 53

Action by owner of copyright or neighbouring rights for infringement

(ii) by way of trade exhibits any article in public,

if the making of the article constituted an infringment of that copyright or those neighbouring rights, or in the case of an imported article, would have constituted such an infringement if the article had been made in Grenada by the importer.

(2) Subsection (l)(c) shall apply, in relation to the distribution of any article either-

(a) for the purposes of trade; or

(b) for other purposes. but only to such an extent as to affect prejudicially the owner of the copyright or the neighbouring rights,

as it applies in relation to the sale of an article.

24.. (1) In this section, the expression · "place of public entertainment" includes any premises which are occupied mainly for other purposes but are from time to time made available for hire to such persons as may desire to hire them for purposes of public entertainment.

(2) The copyright in a protected work is infringed by any person who, not being the owner of the copyright and without the licence of the owner thereof, pennits a place of public entertainment to be used for a performance in public of the work where the performance constitutes an infringement of the copyright in the work; but this section does not apply in a case where the person permitting the place to be used gave the permission gratuitously or for a consideration which was only nominal.

25.. (1) Subject to this Act~ infringements of copyright or neighbouring rights shall be actionable in the High Court at the suit of the owner of the copyright or neighbouring rights; and in any action for such an infringement all such relief by way of damages, injunction, accounts or otherwise shall be available to the plaintiff as is available in any corresponding proceedings in respect of infringements of other proprietary rights.

(2) Where in an action for infringement of copyright or neighbouring rights, it is proved or admitted that an infringement was committed, but at the time of the infringement the defendant was not aware and had no reasonable grounds for suspecting that the copyright or neighbouring rights subsisted in the work, production, performance or edition to which the action relates, the plaintiff 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.

Liability for infringement in a place of public entertainment

22 of 53

Wide injunction available to licensing bodies

(3) Where in an action under this section an infringement of copyright or neighbouring rights is proved or admitted, the High Court, having regard (in addition to all other material considerations) to the flagrancy of the infringement, shall have power in assessing damages for the infringement, to award such additional damages as the Court may consider appropriate in the circumstances.

(4) In an action for infringement of copyright in respect of the construction of a building, no injunction or other order shall be made-

(a) after the construction of the building has been begun, so as to prevent it from being completed; or

(b) so as to require the building, in so far as it has been constructed, to be demolished.

26.. Where, in an action under this Part-

(a) the infringement of copyright or neighbouring rights is proved or admitted; and

(b) the plaintiff is a licensing body (as defined in section 53); and

(c) the High Court having regard to all material circum- stances, is satisfied that effective relief would not other- wise be available to the plaintiff,

the Court may grant an injunction extending to all the protected works, productions or performances, as the case may be, of which the plaintiff is the owner of the copyright or neighbour- ing rights, notwithstanding that the infringement related to only one or some of the said works, productions or performances.

27.. (1) For the purpose of this section the expression-

"exclusive licence" means a licence in writing, signed by or on behalf of an owner or prospective owner of copyright or neighbouring rights, authorizing the licensee, to the exclusion of all other persons, including the grantor of the licence, to exercise a right which by virtue of this Act would (apart from the licence) be exercisab1e exclusively by the owner of the copyright or neighbouring rights, and 4'exclusive licensee" shall be construed accordingly;

"if the licence had been an assignment" means if, instead of the licence, there had been granted (subject to terms and conditions corresponding as nearly as may be with those subject to which the licence was granted) an assignment of the copyright or neigh- bouring rights in respect of its or their application to the doing, at the places and times authorized by the licence, of the acts so authorized; and

''the other party'', in relation to the owner of the copyright or neighbouring rights, means the exclusive licensee, and, in relation to the exclusive licensee, means the owner of the copyright or neighbouring rights.

, Proceedings in cases of copyright or neighbouring rights subject to exclusive licence

23 of 53 (2) This section shall have effect as to proceedings in the

case of any copyright or neighbouring rights in respect of which an exclusive licence has been granted and is in force at the time of the events to which the proceedings relate.

(3) Subject to the following provisions of this section~ the exclusive licensee shall (except against the owner of the copyright or neighbouring rights) have the same ri~ts of actio~, and be entitled to the same remedies, under sectmn 25 as 1f the licence had been an assignment, and those rights and

remedies shall be concurrent with the rights and remedies of the owner of the copyright or neighbouring rights under that section.

(4) Where an action is brought either by the owner of the copyright or neighbouring rights or by the exclusive licensee, and the action, in so far as it is brought under section 25, relates (wholly or partly) to an infringement in respect of which they have concurrent rights of action under that section, the owner or licensee, as the case may be, shall not be entitled, except with the leave of the High Court, to proceed with the action, in so far as it is brought under that section and relates to that infringement, unless the other party is either joined as a plaintiff in the action or added as a defendant: but this subsection shall not affect the granting of an interlocutory injunction on the application of either of them.

(5) In any action brought by the exclusive licensee by virtue of this section, any defence which would have been available to a defendant in the action, if this section had not been enacted and the action had been brought by the owner of the copyright or neighbouring rights, shall be available to that defendant as against the exclusive licensee.

(6) Where an action is brought in the circumstances mentioned in subsection (4) and the owner of the copyright or neighbouring rights and the exclusive licensee are not both plaintiffs in the action, the Court, in assessing damages in respect of any such infringement as is mentioned in that subsection-

(a) if the plaintiff is the exclusive licensee, shall take into account any liabilities (in respect of royalties or otherwise) to which the licence is subject; and

(b) whether the plaintiff is the owner of the copyright or neighbouring rights or the exclusive licensee~ shall take into account any pecuniary remedy already awarded to the other party under section 25 in respect of that infringement,. or, as the case may require, any right of action exercisable by the other party under that section in respect thereof.

24 of 53 (~) Where an action, in so far as it is brought under

section 25. relates (wholly or partly) to an infringement in

respect of which the owner of the copyright or neighbouring rights and the exclusive licensee have concurrent rights of action under that section, and in that action (whether they are both parties to it or not) an account of profits is directed to be taken in respect of that infringement, then, subject to any agreement of which the Court is aware whereby the application of those profits is determined as between the owner of the copyright or neighbouring rights and the exclusive licensee, the Court shall apportion the profits between them as the Court may consider just and shall give such directions as the Court may consider appropriate for giving effect to that apportionment.

(8) In an action brought either by the owner of the copyright or neighbouring rights or by the exclusive licensee-

(a) no judgment or order for the payment of damages in respect of an infringement of copyright or neighbouring rights shall be given or made under section 25 if a final judgment or order has been given or made awarding an account of profits to the other party under that section in respect of the same infringement; and

(b) no judgment or order for an account of profits in respect of an infringement of copyright or neighbouring rights shall be given or made under that section if a final judgment or order has been given or made awarding either damage.:; or an account of profits to the nther party under that section in respect of the same infringement.

(9) Where, in an action brought in the circumstances mentioned in subsection (4), whether by the owner of the copyright or neighbouring rights or by the exclusive licensee, the other party is not joined as a plaintiff (either at the commencement of the action or subsequently) but is added as a defendant, he shall not be liable for any costs in the action unless he enters an appearance and takes part in the proceedings.

28.. In an action brought by virtue of this Part-

(a) copyright or neighbouring rights shall be presumed to subsist in the work, production, performance or edition to which the action relates if the defendant does not

put in issue the question whether copyright or neigh- bouring rights subsist therein; and

(b) where the subsistence of the copyright or neighbouring rights is proved or admitted or is presumed in pursuance of paragraph (a), the plaintiff shall be presumed to be the owner of the copyright or neighbouring rights if he claims to be the owner of the copyright or neigh- bouring rights and the defendant does not put in issue the question of his ownership thereof.

Presumptions as to subsistence and ownership of copyright and neigh- bouring rights

25 of 53Presumptions in relation to authorship of protected works

29.. (1) Subject to section 28, where, in the case of a 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 so appears (if it is his true name or a name by which he is commonly known) shall in any action brought by virtue of this Part unless the contrary is proved, be presumed-

(a) · to be the author of the work; and

(b) to have made the work in circumstances not falling within subsection (2), (3) or (4) of section 17.

(2) In the case of a work alleged to be a work of joint authorship, subsection (l) shall apply in relation to each person aHtged to be one of the authors of the work, as if references in that subsection to the author were references to one of the authors.

(3) Where, in an action brought by virtue of this Part in relation to a photograph-

(a) it is established that, at the time when the photograph was taken, a person was the owner of the apparatus by which the photograph was taken; or

(b) the ownership, as at the time when the photograph was taken, of the apparatus by which it was taken is not established, but it is established that at the time of the death of a person the photograph was owned by that person or, if the ownership of the photograph as at that time is not established, was in the possession or custody of that person,

that person shall be presumed, unless the contrary is proved. to have been the person who took the ohotograoh.

(4) Where, in an action brought by virtue of this Part with respect to a protected work, subsection ( l) does not apply, but it is established-

(a) that the work was first published in Grenada and was so published within the period of fifty years ending with the beginning of the calendar year in which the action was brought; and

(b) that a name purporting to be that of the publisher appeared on copies of the work as first published,

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 that copyright at the time of the publication.

(5) Where in an action brought by virtue of this Part with respect to a protected work it is established that the author of the work is dead-

(a) the work shall be presumed to be an original work unless the contrary is proved; and

26 of 53

Evidence in relation to audio-visual productions

Privilege against incrimination of self or spouse not available in infringement and related proceedings

(b) if it is alleged by the plaintiff that a publication specified in the allegation was the first publication of the work and that it took place in a country and on a date so specified, that publication shall be presumed, unless the contrary is proved, to have been the first publication of the work and to have taken piace in that country and on that date.

(6) For the purposes of this section, a fact shall be taken to be established if it is proved or admitted or if it is presumed in pursuance of this section.

30.. In an action brought by virtue of this Part in relation to the neighbouring rights in a sound recording, if records embodying the recording or a part of the recording have been made available (whether by sale or otherwise) to the public and, at the time when records embodying the recording or part of the recording were first so made available, the records or their containers bore a label or mark containing a statement-

(a) that a specified person was the owner of the neighbouring rights in the recording;

(b) that the recording was first published in a specified year; or

that label or mark shall be sufficient evidence of the facts as stated, unless the contrary is proved.

3L In an action brought by virtue of this Part in relation to the neighbouring rights in an audio-visual production, if copies of the production or a part of the production have been made available (whether by sale or otherwise) to the public and, at the time when the copies were first so made available, the copies or their containers bore a label or mark containing a statement-

(a) that a specified person was the owner of the neighbouring rights in the production;

(b) that the production was first published in a specified year; or

that label or mark shall be sufficient evidence of the facts as stated, unless the contrary is proved.

32.. (l) In this section- " related offence", in relation to any proceedings to which

subsection (2) applies, means-

(a) in the case of proceedings within subsection (3)(a) or (b)-

Evidence in relation to recordings

27 of 53(i) any offence committed by or in the course of the infringement to which those proceedings relate; or

(ii) any offence not within subparagraph (i) committed in connection with that infringement, being an offence involving fraud or dishonesty;

(b) in the case of proceedings within sub- section (3)(c), any offence revealed by the facts on which the plaintiff relies in those proceedings;

'· related penalty'', in relation to any proceedings to which subsection (2) applies, means-

(a) in the case of proceedings within sub- section (3)(a) or (b), any penalty incurred in respect of anything done or omitted in connection with the infringement to which those proceedings relate;

(b) in the case of proceedings within sub- section (3)(c), any penalty incurred in respect of any act or omission revealed by the facts · on which the plaintiff relies in those proceedings.

(2) In any proceedings to which this subsection applies a person shall not be excluded by reason that to do so would tend to expose that person, or his or her spouse, to proceedings for a related offence or for the recovery of a related penalty-

(a) from answering any question put to that person in the first-mentioned proceedings; or

(b) from complying with any order made in those proceedings.

(3) Subsection (2) applies to the following civil proceedings in the High Court, namely-

(a) proceedings for infringement of copyright or neigh- bouring rights;

(b) proceedings brought to obtain disdo·sure of information relating to any infringement of such rights; and

(4) Subject to subsection (5), no statement or admission made by a person-

(a) in answering a question put to him in any proceedings to which subsection (2) 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 (unless they married after the making of the state- ment or admission) against the spouse of that person.

28 of 53

Provision Jor restricting importation of infringing copies

(5) Nothing in subsection (4) shall render any statement or admission made by a person as therein mentioned inadmissible in evidence against that person in proceedings for perjury or contempt of court.

(6) The reference in subsection (3) to civil proceedings in the High Court of a particular description includes proceedings on appeal arising out of civil proceedings in the High Court of that description.

33.. (1) The owner of the copyright in a published literary or musical work or of neighbouring rights in an audio-visual production or in a published sound recording may give notice in writing to the Comptroller of Customs and Excise-

(a) that he is the owner of the copyright or neighbouring rights in a specified work, production or sound recording; and

(b) that he requests the Comptroller, during a period stated in the notice, to treat as prohibited goods copies of the work, production or sound recording so specified,

but the period stated in the notice shall not exceed five years and shall not extend beyond the end of the period for which the copyright or neighbouring rights subsist.

(2) This section applies with respect to any copy made out- side Grenada which, if it had been made in Grenada by the importer, would be an infringing copy of the work, production or sound recording.

(3) Where a notice has been given under this section and has not been withdrawn, the importation, before the end of the period specified in the notice~ of any copy of the work, production or sound recording to which the notice applies shall, subject to the following provisions of this section, be prohibited; but this subsection shall not apply to the importation of any article by a person for his private and domestic use.

(4) The owner of the copyright or neighbouring rights in a work, production or sound recording who gives notice to the Comptroller under this section shall comply with such conditions with respect to-

(a) the form of the notice;

(b) the furnishing of evidence;

(d) the giving of security; and

(e) any other incidental or supplementary matters, as may be prescribed.

(5) Nothwithstanding anything in the Customs Act, a person 35 of 1960

shall not be liable to any penalty under that Act (other than forfeiture of the goods) by reason that any goods are treated as prohibited goods by virtue of this section.

29 of 53PART VI

EXCEPTIONS

34.. (l) (a) For the purposes of this section, the expression "sufficient acknowledgement'~ means an acknowledgement identifying the work, production, performance or edition in question by its title or other description and, unless the work is anonymous or the author has previously agreed or required that no a~knowledgement of his name should be made, also identifying the author;

(b) in this subsection, the term "author" means- (i) in relation to a protected work, the author;

(ii) in relation to a protected production, the maker;

(iii) in relation to a protected performance, the performer;

(iv) in relation to an edition, the publisher.

(2) The following acts do not constitute an infringement of copyright or neighbouring rights-

(a) fair dealing with a protected work, production, performance or edition for purposes of research or private study;

(b) fair dealing with a protected work, production, performance or edition for purposes of criticism or review, whether of that or any other work. production,

performance or edition, and accompanied by a sufficient acknowledgement;

(i) in a newspaper, magazine or similar periodical, if accompanied by a sufficient acknowledgement; or

(ii) by broadcasting, by communication by cable or by the use of an audio-visual production;

(cf) reproducing, recording, or making a copy of a protected work, production, performance or edition, for the purpose of a judicial proceeding, or any proceeding before a tribunal established by or pursuant to a written law, or for the purpose of a report of a judicial proceeding or of any other such proceeding;

(e) reproducing, recording, making a copy of or publishing a protected work, production, performance or edition by order of either House of Parliament for the use exclusively of the members of that House;

(fJ reading or reciting in public any reasonable extract from a published literary work, accompanied by a sufficient acknowledgement;

Acts which do not constitute infringement

30 of 53

(g) publishing in a collection, mainly composed of non- copyright matter, bona fide intended for the use of educational institutions, and so described in the title and in any advertisement issued by or on behalf of the publisher, short passages from published literary or musical works, or small parts of artistic works, not themselves published for the use of educational institutions, in which copyright subsists. but only if-

(i) not more than two such passages, or parts, from works by the same author are published by the same publisher during any period of five years; and

(ii) the publication is accompanied by a sufficient acknowledgement;

(h) the reproduction of a protected work or protected production-

(i) by a teacher or pupil in the course of instruction:

Provided that the reproduction is not made by means of an appliance capable of producing multiple copies;

(ii) as part of the questions to be answered in an examination: or

(iii) in answer to such questions; (i) the reproduction of a literary or musical work, or of

an artistic work being a photograph or engraving, iq which copyright subsists, at a time more than fifty years from the end of the calendar year in which the author died, and more than seventy-five years after the time, or the end of the period, at or during which the work was made, but only if-

(i) the work has not been published; or

(ii) the manuscript or a copy of the work is kept in a library or other institution where it is (subject to the rules governing the library or institution) open to public inspection; and

(iii) the reproduction is made either for purposes of research or private study, or with a view to publica- tion, or in order to preserve the manuscript or copy from damage or destruction by replacing it with the reproduction;

(j) if a published literary or musical work (in this paragraph referred to as "the new work"), incorporates the whole or part of a work (in this paragraph referred to as ''the old work'') in the case of which the circumstances specified in subparagraphs (i) and (ii) of paragraph (i) existed immediately before the new work was published, and-

(i) before the new work was published, such notice of the intended publication as may be prescribed had been given; and

31 of 53(ii) immediately before the new work was published, the identity of the owner of the copyright in the old work was not known to the publisher of the .new work,

then, for the purposes of this Act, the first publication of the new work. and any subsequent publication of

the new work, either in the same or in an altered form in so far as it constitutes a publication of the old work, or an unauthorized publication of the old work shall not constitute an infringement of copyright or of neighbouring rights:

Provided that this paragraph shall not apply to a sub- sequent publication incorporating a part of the old work which was not included in the new work as originally published, unless (apart from this paragraph) the circumstances specified in paragraph (i), and in sub- paragraphs (i) and (ii) of this paragraph. existed immediately before that subsequent publication:

(k) in so far as the publication of a work or part of a work is, by virtue of paragraph (j), not to be treated as an infringement of the copyright in the work, a subsequent broadcast of the work or that part or a communication by cable, a performance in public, or a record of it made by any person;

(!) the performance, in the course of the activities of a school or other educational institution designated by Order of the Minister, of a literary or musical work or of an audio-visual production or broadcast1 or the use of a record of a protected performance, by the staff and students of the school or institution if the audience is composed entirely of any or all of the foHowing-

(i) staff and students of the school or institution;

(ii) parents or guardians of the students;

(iii) other persons directly connected with the activities of the school or institution;

(m) the inclusion in an audio-visual production or in a broad- cast or in a communication by cable, or the making, of a painting, drawing, engraving, or photograph-

(i) of an artistic work permanently situated in a public place or in any premises to which the public has access; or

(ii) of any other artistic work, if the inclusion of the painting, drawing, engraving or photograph of the artistic work is only incidental to the principal matters represented in the audio-visual production or the broadcast~ or the communication by cable,

or in the painting, drawing, engraving or photograph;

32 of 53 (n) the publication of a pamtmg, drawing, engraving or

photograph of an artistic work or of an audio-visual production in which the artistic work has been included, if by virtue of paragraph (m) the making of that painting, drawing, engraving or photograph or the inclusion of the artistic work in the audio-visual production did not constitute an infringement of the copyright in the artistic work; ·

(o) (i) where copyright subsists in a building as an artistic work, a reconstruction of that building;

(ii) where a building has been constructed in accord- ance with architectural drawings or plans in which copyright subsists and has been so constructed by, or with the licence of, the owner of that copyright, a later reconstruction of the building by reference to those drawings or plans;

(p) the making, by the author of an artistic work, of a sub- sequent artistic work, notwithstanding that part of the earlier work-

(i) is reproduced in the use of subsequent work; and (ii) is so reproduced by the use of a mould, cast,

sketch, plan, model or study made for the pur- poses of the earlier work,

if in making the subsequent work the author does not repeat or imitate the main design of the earlier work.

(3) Each of the exceptions enumerated in paragraphs (a) to (p) of subsection (2) shall apply only to the particular category of work, production, performance or edition mentioned therein, so that an act may constitute an infringement of copyright or neighbouring rights notwithstanding that, by virtue of an exception contained in one of those paragraphs, it does not constitute an infringement of rights mentioned in that paragraph.

(4) For the purpose of determining whether an act in relation to a protected work, production, performance or edition constitutes fair dealing, a court detennining the question shall take account of all factors which appear to it to be relevant, including-

(a) the nature of the work, production, performance or edition in question:

(b) the purpose and character of the act, and in particular whether the act is of a commercial nature;

(c) the extent and substantiality of that part of the work, production, performance or edition affected by the act in relation to the whole of the work, production, perfor- mance or edition;

(d'J the effect of the act upon the potential market for, or the commercial value of, the work., production, perfor- mance or edition.

33 of 53 Statutory licences. broadcasting, etc.

35.. (1) Subject to this subsection, where by virtue of an assignment or licence a person is authorized to broadcast or communicate by cable a literary or musical work or an audio- visual production or a performance from a place in Grenada but (apart from this subsection) would not be entitled to make reproductions, copies or records of it, the authority contained in the assignment or licence shall be deemed to extend to the making of-

(a) a reproduction, copy or record of the work, production or performance solely for the purpose of the broadcasting or communicating by cable of it by the assignee or licensee; or

(b) one reproduction, copy or record only for archival purposes;

but this subsection shall not apply if- (i) the reproduction, copy or record is used for making

any further reproductions, copies or records therefrom or for any other purpose except either for broadcasting or communicating by cable in accordance with the assignment or licence or for archival purposes; or

(ii) the reproduction, copy or record (unless kept for archival purposes) is not destroyed before the end of the period of ninety days beginning with the day on which it is first used for broadcasting or communicating by cable the work, production or performance in pursuance of the assignment or licence, or such extended period (if any) as may

be agreed between the person who made the pro- duction, copy or record and the person who (in relation to the making of reproductions, copies or records of the description in question) is the owner of the copyright or neighbouring rights.

(2) Where records of a literary or musical work have, with the licence or consent of the owner of the copyright in the work, been previously-

(a) made in Grenada; or

(b) imported,

for the purposes of retail sale, a person may, after the expiry of the period of four months immediately following upon the date of the first authorized manufacture or importation of such records and without first obtaining the consent or licence of the owner of the copyright in the work, make or authorize the making of records of it provided that the person-

(i) intends to sell the records by retail, or to supply them for the purpose of being sold by retail by another person, or intends to use them for making other records which are to be sold or supplied; and

(ii) pays royalties calculated at the rates set out in the Schedule or at such other rates as may from time to time be prescribed in lieu thereof; and

34 of 53(iii) complies with such conditions relating to notice, method and time of payment, administration of royalties paid and other matters as may be prescribed; and

(iv) being the person who makes or authorizes the making of records pursuant to this subsection, does not make or authorize the making of any altera- tions in, or omissions from the work, unless. records of that work containing similar alterations and omissions have been previously made by, or with the Heenee or consent of1 the owner of the copyright or unless such alterations and omissions are reasonably necessary for the adaptation of the work to the record in question.

(3) (a) Where a protected literary or musical work, audio- visual production or performance is broadcast with the

licence of the owner of the copyright or neighbouring rights, any person may, without obtaining the licence of the owner of the copyright or neighbouring rights. incorporate (by means of the reception of the broadcast) the work, production or performance, in a communica- tion by cable:

Provided that- (i) the communication by cable takes place

simultaneously with the reception of the broad- cast; and

(ii) the broadcast programme in which the literary or musical work, audio-visual production or perfor- mance is incorporated. is communicated without any alteration of any kind; and

(iii) the owner of the copyright or neighbouring rights shall be entitled to receive from the person pro- viding or authorizing the communication by cable equitable remuneration in respect of the communi- cation to be fixed, in default of agreement, by the High Court;

(b) 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 communication of any material con- tained in the programme as broadcast; and the term umaterial'' includes a commercial advertisement.

(4) Where a record has, with the consent of the performer, been made of a performance, the performer's authority shall not be required for any public performance'J broadcast or com- munication by cable made by means of that record, but the performer shall, in respect of such public performance. broad- cast or communication by cable~ be entitled to receive from the person giving, or authorizing the public performance, broad- cast or communication by cable equitable remuneration which, in the absence of agreement, shall be fixed by the High Court.

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(5) (a) a literary, musical or art1st1c work or a sound recording may, without the licence or consent of the owner of the copyright or neighbouring rights in the work or production having been obtained~ be reproduced

by or under the direction of the person in charge of a designated library:

Provided that the reproduction is made, and used. in accordance with such conditions as shall be prescribed:

(b) regulations prescribing conditions for the purpose of this subsection shall make provision that-

(i) in the case of the reproduction of an extract from a published work in the custody of a designated library. the person in charge of the library shall , be responsible for ensuring that any person who makes such a reproduction on the premises of the library is aware of the conditions imposed. by this Act and by any regulations. on the making of such reproductions and that any facilities provided by the library for making reproductions are withdrawn from any person who does not comply with such conditions;

(ii) in the case of the reproduction of an entire work or of an extract from an unpublished work4 the person in charge of a designated library shall be responsible for ensuring that no such reproduction is made on the premises of the library without the consent of the copyright owner~ unless there is reasonable evidence that subsection 34(2)(a) would apply to the making of the reproduction or that the reproduction cannot reasonably be obtained in any other way. or unless the reproduction is required exclusively for archival purposes;

(c) a designated library is any library which the Minister. being satisfied that the facilities of the library are available generally to members of the public and that it is not conducted for profit. has designated by Order as a public library for the purposes of this Act:

(d) for the purposes of paragraph (c) "Minister" means the Minister for the time being responsible for education.

(6) (a) subject to this subsection. the Governor-General may make regulations providing for the grant. by a compe- tent authority designated in the regulations_ of licences authorizing-

(i) the translation of published literary works in which copyright subsists;

(ii) the reproduction of- (a) published literary works in which copyright

subsists;

36 of 53

Offences in respect of dealings that infringe protected work

(b) audio-visual productions, broadcasts and editions (including any protected works incor- porated in such audio-visual productions, broadcasts or editions) in which neighbouring rights subsist;

(b) regulations made under this subsection shall be consistent with the terms and conditions regulating the grant of such licences contained in the Appendix to the Paris Act, 1971 of the Berne Convention for the Protection of Literary and Artistic Works and in Article v bis, v ter and v quater of the Universal Copyright Conven- tion as revised at Paris on the 24th July, 1971, and with the terms of the Rome Convention for the Protec- tion of Performers, Producers of Phonograms and Broad- casting Organisations established in 1961.

PART VU

OFFENCES, ETC.

36G (1) A person who, at a time when copyright or neighbouring rights subsist in a protected work, production performance or edition-

(a) makes for sale or hire; or (b) sells or lets for hire or, by way of trade, offers or

exposes for sale or hire; or (c) by way of trade, exhibits in public, or (d) imports otherwise than for his private and domestic use;

(e) has in his possession in the course of trade; or (f) distributes-

(i) for the purpose of trade~ or

(ii) for any other purpose, but; to such an extent as to affect prejudicially the 9wner of the copyright or neighbouring rights,

any article that is an infringing copy of the work, production, performance or edition, or any plate used or intended to be used for making infringing copies of such a work, production, performance or edition is, unless he proves to the satisfaction of the court that he did not know and that he had no reason to believe that the article was an infringing copy of such a work, production, performance or edition or that the plate was· used or intended to be used for making an infringing copy of such a work, production, performance or edition, guilty of a summary offence and liable-

(i) on first conviction of an offence under this section, to a fine of two thousand dollars for each article to which the offence relates and to imprisonment for six months; and

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Offences in respect of records made without the consent of performers

(ii) on a second or subsequent conviction of an offence under this section, to a fine of ten thousand dollars for each article to which the offence relates and to imprisonment for two years,

but a fine imposed by virtue of this subsection shall not exceed fifty thousand dollars in respect of articles comprised in the same transaction.

(2) The court before which a person is charged with an offence under this section may, whether he is convicted of the offence or not, order that any article in his possession which appears to the court to be an infringing copy of a work, production, performance or edition in which copyright or neighbouring rights subsist under this Act or a plate used for making infringing copies of such a work, production, perfor- mance or edition shall be destroyed or delivered up to the owner of the copyright or neighbouring rights in question or otherwise dealt with as the court may think fit.

37.. A person who at a time when copyright or neighbour- ing rights subsist in a literary or musical work or audio-visual production causes the work or production to be performed in public, is'J unless he proves to the satisfaction of the court that he did not know and that he had no reason to believe

that copyright or neighbouring rights subsisted in the work or production, as the case may be, or that the performance would constitute an infringement of the copyright or neighbour- ing rights, guilty of an offence and liable, on summary con- viction, to a fine of fifty thousand dollars and to imprisonment for two years.

38~ ( l) Subject to this Act, a person who-

(a) makes a record directly or indirectly from or by means of the performance of a protected work without the con- sent in writing of the performer;

(b) sells or lets for hire, or distributes for the purpose of trade, or by way of trade exposes or offers for sale or hire, such a record made without such consent; or

is guilty of an offence and liable, on summary conviction, to a fine of two thousand dollars for each record in respect of which the offence is proved and to imprisonment for six months, but a fine imposed by virtue of this section shall not exceed twenty thousand dollars in respect of any one transaction.

(2) For the purposes of paragraphs (b) and (c) of sub- section ( l) a record made in a country other than Grenada directly or indirectly from or by means of a protected perfonnance shall be deemed to have been made in contravention of this Act whether knowingly or not it was made without the consent in writing of the performer.

Offence of unauthorized public performance

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Special defence in case of private and domestic use

Offence in respect of broadcasting or communi- cating by cable

39 ~ Where a person is charged with an offence under section 38(l)(a), it shall be a defence to prove that the record was made for his private and domestic use only.

40., Subject to this Act, a person who, otherwise than by the use of a record or audio-visual production, broadcasts or communicates by cable a protected performance, or a substantial part thereof, without the consent in writing of the performer, is guilty of an offence and Hable, on summary conviction, to a fine of two thousand dollars and to imprisonment for six months.

41,. A person who makes, or has in his possession, a plate or similar contrivance for the purpose of making records in contravention of section 38, is guilty of an offence and liable, on summary conviction, to a fine of five thousand dollars for each plate or similar contrivance in respect of which the offence is proved and to imprisonment for twelve months~ but a fine imposed by virtue of this subsection shall not exceed fifty thousand dollars.

Offence of making or possessing plates. etc .. for contra- vention of section 38

42 .. 0) Where a person has been convicted of an offence. ~~;;~ 0 °Jrder

under section 37, section 38, section 40 or section 41, the destruction d h 11 . . l d . l and forfeiturecourt may or er t at a records, aud10-v1sua pro ucuons, pates

or similar contrivances in the possession of the offender which appear to the court to have been made in contravention of any of these sections, or to be adapted for the making of records in contravention of any of these sections, and in respect of which the offender has been convicted, be destroyed or otherwise dealt with as the court may think fit.

(2) Where a person has been convicted of an offence under this Act the court shall, in passing sentence, order forfeiture of-

(a) any article;

(b) any money; and

relating to the offence; anything so forfeited shall be given to the owner of the copyright. neighbouring rights or performer·s right, as the case may be.

(3) Forfeiture shall extend-

(a) to any property which there is reason to believe has been obtained from the proceeds of anything relating to the offence for which a person is convicted under this Act; or

(b) to anything into which any such property has been converted.

43.. Notwithstanding anything in the preceding provisions of this Part, it shall be a defence to proceedings under this Part to prove that-

(a) the record, audio-visual production, communication by cable or broadcast to which the proceedings relate was made onlv for the ournose of reoortin2 current events: or

3 l •

Special defences

39 of 53

Pt!rfom1cr·s 1.'.0nscnt by agent

Offence if performer·s consent is represented and given wnhout authority

Powers of police officers

(b) the inclusion of the performance in question in the record. audio-visual production, communication by cable or broadcast to which the proceedings relate was only incidental to the principal matters comprised or represented in the record, audio-visual production, com- munication by cable or broadcast~

44G Where in proceedings under this Part (otherwise than under section 45) it is proved that-

(a) the record, audio-visual production, communication by cable or broadcast to which the proceedings relate was made with the consent in writing of a person who, at the time of giving the consent, represented that he was authorized by the performers to give it on their behalf; and

(b) the person making the record, audio-visual production, communication by cable or broadcast had no reasonable grounds for believing that the person giving the consent was not so authorized,

this Part shall apply as if it had been proved that the per- formers had themselves consented in writing to the making of the record, audio-visual production, communication by cable or broadcast.

45.. Where- (a) a record, audio-visual production, communication by

cable or broadcast is made with the consent in writing of a person who, at the time of giving the consent, represented that he was authorized by the performers to give it on their behalf when to his knowledge he was not so authorized; and

(b) if proceedings were brought against the person to whom the consent was given, the consent would by virtue of section 44 afford a defence to those proceedings,

the person giving the consent is guilty of an offence and liable~ on summary conviction, to a fine of two thousand dollars and to imprisonment for six months.

46.. (1) Any police officer of or above the rank of Police Inspector may-

(a) (i) subject to section 47, enter and search any premises or place;

(ii) stop, board and_ search any vessel (other than a ship of war) or any aircraft (other than a military aircraft); or

(iii) stop and search any vehicle, in which he reasonably suspects that there is an infringing copy of a work, production, performance or edition in which copyright or neighbouring rights subsist, or a plate used or intended to be used for making infringino. ~ copies of any such work, production, performance or edition; and

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Restriction on emrv and search of domestic premises

Offence of obstructing police. etc.

(b) seize 1 remove or detain-

(i) any article which appears to him to be an infring- ing copy of a work, production, performance or edition in which copyright or neighbouring rights subsist or any plate which appears to him to be intended for use for making infringing copies of any such work~ production, perfonnance or edition; and

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

(2) A police officer of or above the rank of Police Inspector may-

(a) break open any outer or inner door of any place which he is empowered or authorized by this Act to enter;

(b) forcibly board any vessel, aircraft or vehicle which he is empowered by this Act to stop, board and search;

(d) detain any person found in any place which he is empowered or authorized by this Act to search until such place has been searched;

(e) detain any vessel or aircraft which he is empowered by this Act to stop, board and search, and prevent any person from approaching or boarding such vessel or aircraft until it has been searched:

(j) detain any vehicle which he is empowered by this Act to stop and search until it has been searched.

47.. ( l) In this section ''domestic premises'' means any premises, or any part thereof, used exclusively or mainly as a dwelling.

(2) Domestic premises shall not be entered and searched by a police officer unless a magistrate has issued a warrant under subsection (3).

(3) A magistrate, if he is satisfied by information on oath that there is reasonable ground for suspecting that there is in any domestic premises an article which may be seized, removed or detained under section 46(1 )(b), may issue a warrant authorizing a police officer of or above the rank of Police Inspector to enter and search the premises.

(4) A police officer of or above the rank of Police Inspector authorized under subsection (3) to enter and search any domestic premises may call upon any other police officer to assist him in entering and searching the premises.

480 (l) Without prejudice to any other written law, a person who-

{a) wilfully obstructs a police officer acting in the exercise of a power or the performance of a duty under this Act;

41 of 53 (b) wilfully fails to comply with a requirement made to

him by a police officer so acting;

(c) without reasonable excuse, fails to give a police officer so acting such assistance as he may reasonably require to be given for the purpose of exercising the power or performing the duty,

is guilty of an offence and liable, on summary conviction, to a fine of five thousand dollars and to imprisonment for twelve months.

(2) A person who, on being required to give information to a police officer acting in the exercise of a power or the performance of a duty under this Act, knowingly gives false or misleading information to such police officer is guilty of an offence and liable, on summary conviction, to a fine of five thousand dollars and to imorisonment for six months.

(3) This section shall not be construed as requiring a person to give any information which may incriminate him.

49~ Any police officer may arrest without warrant a person who-

(a) has committed, or has attempted to commit~ or

(b) is reasonably suspected of having committed or having attempted to commit,

an offence under this Act, if- (i) he has reasonable grounds for believing that the

person will abscond unless arrested; (ii) the name and address of the person are unknown

to him and cannot be ascertained by him; or

(iii) he has reason to believe and does believe that the name and address given by the person are false.

SO~ Where an offence under any of the preceding sections of this Part committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, a director, manager, secretary or other similar officer of the body corporate or any person who was purporting to act in any such capacity, he, as weH as the body corporate, is guilty of that offence and is liable to be proceeded against and punished accordingly.

Power to arrest without warrant

Offences by officers of a body corporate

51 ~ A prosecution for an offence under this Act shall not tme limit be commenced more than five years after the commission of p%secution the offence or one year after the discovery thereof, whichever is the later.

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PART VIII

MORAL RIGHTS

52.. (1) In subsection (2)- Hname" includes initials or a monogram.

(2) Subject to this section where copyright subsists in a protected work, no person may, without the consent of the author or, after the author·s death, of his personal represen-

tative, present or authorize the presentation of the work to the public by any means whatsoever-

(a) under a name other than that of the author; or (b) in a modified form if the modification-

(i) significantly alters the work; and (ii) is such that it might reasonably be regarded as

adversely affecting the reputation and status of the author in his profession.

(3) Where a person is authorized, whether by virtue of an assignment, a licence or otherwise, to publish, reproduce, perform in public, broadcast or communicate by cable a protected work, that person may make modifications to the work if it would be reasonable to expect that the authorized publication, reproduction, public perfonnance, broadcast or com- munication by cable, as the case may be, could not take place without the modifications; but nothing in this subsection shall authorize a modification to a work which could constitute a contravention of subsection (2).

(4) The author or, after his death .. his personal represen- tative, may exercise the rights conferred by this section not- withstanding that the copyright in the work is not, at the time of the act complained of, vested in the author or personal representative, as the case m2y be.

(5) Any contravention, or threatened contravention, of this section in respect of a protected work shall be actionable at the suit of the author of the work or, if he is dead, at the suit of his personal representative, as a breach of statutory duty.

(6) Any damages recovered under this section by a personal representative in respect of a contravention committed in relation to a work after the death of the author of the work shall devolve as part of the author's estate as if the right of action had sub- sisted and had been vested in him immediately before his death.

(7) Where in an action brought under this section a contra- vention of the restriction imposed by subsection (2) is proved or admitted, the court may order the offender to publish a correction in such manner as the court may direct.

Authors' moral rights

43 of 53

Procedure in proceedings before the High Coun

(8) Nothing in this section shall derogate from any right of action or other remedy (whether civil or criminal) in pro- ceedings instituted otherwise than by virtue of this section; but this subsection shall not be construed as requiring any damages recovered by virtue of this section to be disregarded in assessing damages in any proceedings instituted otherwise than by virtue of this section and arising out of the same transaction.

PART IX

SPECIAL JURISDICTION OF THE HiGH COURT

53. In this Part- "general licence"' means a licence extending to-

(a) the works of several authors; or (b) the productions of several makers~ or

being a licence which does not apply different terms and conditions as between the several authors,. makers or performers. as the case may be:

"licensing body" means a society or organization which has as its main object, or one of its main objects, the negotiation or granting of general licences in respect of protected works, productions or performances either as the owner or prospective owner of the copyright or neighbouring rights therein, or as agent for the owners or prospective owners thereof.

Interpretation of Part

54.. Subject to this Act, the High Court shall have ~t~t~c~~;h jurisdiction- Court y

(a) to determine any dispute which may be referred to it pursuant to section 56;

(b) to fix the amount ~f equitable remuneration or compensation which by any provision of this · Act is required to be fixed by the High Court~ in any case where there has been no agreement between a person and the owner of the copyright or neighbouring rights as to the amount of remuneration or compensation

payable in respect of the use of the work~ production or performance.

55., (1) The procedure regulating the makino of references and applications to the High Court. and proc~edings before the High Court arising out of the jurisdiction conferred on the Court by this Part, and as to the fees chargeable in respect of those proceedings, shall be prescribed by rules of court.

44 of 53

Disputes with licensing bodies may be referred to High Court

(2) The High Court may order that the costs or expenses of any proceedings before it under this Part which are incurred by any party shall be paid by any other party and may tax or settle the amount of any costs or expenses to be paid under any such order or direct in what manner they are to be taxed.

(3) Where-

(a) the High Court makes an order by way of determination of a dispute referred to it pursuant to section 56, the Court may, in its discretion, direct that the order shall have effect retroactively to such date as the Court specifies; but no order shall have effect from a date prior to the date on which the dispute was formally referred to the Court;

(b) the High Court fixes an amount of equitable remunera- tion or compensation pursuant to par2.3raph (b) of section 54, the Court may also give directions as to the method and time of payment and may stipulate such other conditions of payment as it considers reasonable.

56.. (1) Where a dispute arises between any person and a licensing body with respect to-

(a) the refusal of the licensing body to grant to that person a general licence to which this section applies; or

(b) the terms and conditions on which the licensing body proposes to grant such a licence,

either that person or the licensing body may refer the dispute to the High Court.

(2) This section applies to a general licence authorizing the licensee-

(a) in the case of literary or musical works, to reproduce, perform in public, communicate by cable, or broadcast the works;

(b) in the case of audio-visual productions to make copies of them, broadcast, communicate them by cable. or cause them to be publicly performed;

(3) For the purposes of this section, a licensing body shall be deemed to have refused to grant a general licence to a person if the licensing body has failed, within a reasonable time from the date when that person has made a wrinen request to the licensing body for such a licence~ to gram a licence or to state in writing the terms and conditions on which it is proposing to grant the licence.

(4) While an order made by the High Court by way of deter- mination of a dispute referred to it pursuant to subsection ( l) remains in force, either party to the dispute may refer the matter back to the Court for further consideration but, except with the special leave of the Court-

45 of 53

(a) an order made so as to be in force for two years or less from the date it took effect may not be referred back to the Court under this subsection;

(b) an order made so as to he in force indefinitely or for more than two years from the date it took effect may not be referred back to the Court before the expiry of twelve months from the date when the order was made.

57,. ( l) Save as provided in subsection (2), the hearing and determination of any proceedings before the High Court in the exercise of the jurisdiction conferred on it by this Part shall not be challenged, appealed against, reviewed, quashed or called in question in any court on any account whatever.

(2) Any party to proceedings before the High Court in virtue of the jurisdiction conferred on it by this Part is entitled as of right to appeal to the Court of Appeal on any of the follow- ing grounds, but no other-

(a) that the High Court had no jurisdiction in the matter; but it shall not be competent for the Court of Appeal

to entertain such ground of appeal, unless objection to the jurisdiction of the High Count has been formally taken at some time during the progress of the matter before the making of the order of award;

(b) that the High Court has exceeded its jurisdiction in the matter;

matter is erroneous in law; or

(e) that some specific illegality (other than fraud) which substantially affects the merits of the matter has been committed in the course of the proceedings.

(3) On the hearing of an appeal in any matter brought before it under this Act, the Court of Appeal shall have power-

(a) if it appears to the Court of Appeal that a new hearing should be held, to set aside the order or award appealed against and order that a new hearing be held; or

(b) to order a new hearing on any question without inter- fering with the finding or decision upon any other question,

and the Court of Appeal may make such final or other order as the circumstances of the matter may require.

(4) The Court of Appeal may in any matter brought on appeal before it dismiss the appeal if it considers that no substantial miscarriage of justice has actually occurred notwithstanding that it is of the opinion that any point raised in the appeal might have been decided in favour of the appellant.

Right of appeal to Coun of Appeal on certain grounds

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Application of Act to other countries

PART X

INTERNATIONAL ARRANGEMENTS

58. (l) Subject to this section, the Governor-General may by Order make provisions applying any of the provisions of this Act specified in the Order, in relation to a country so specified, in any one or more or the following ways-

(a) so that the provisions apply in relation to literary, musical or artistic works or editions first published, or sound recordings or audio-visual productions made or first published, in that country in like manner as those provisions apply in relation to literary, musical or artistic works or editions first published, or sound recordings or audio-visual productions made or first published, in. Grenada;

(b) so that the provisions apply in relation to artistic works that are buildings erected in that country or are incorporated in buildings situated in that country in· like manner as those provisions apply in relation to artistic works that are buildings erected in Grenada or are incorporated in buildings situated in Grenada;

(c) so that the provisions apply in relation to persons who, at a material time, are citizens or nationals of that country in like manner as those provisions apply in relation to persons who, at such time, are citizens of Grenada;

(d) so that the provisions apply in relation to persons who, at a material time, are domiciled or resident in that country in like manner as those provisions apply in relation to persons who, at such time, are domiciled or resident in Grenada;

(e) so that the provisions apply in relation to bodies incorporated under the law of that country in like manner as those provisions apply in relation to bodies incorporated or established under a written law;

if) so that the provisions apply in relation to television broadcasts and sound broadcasts made from places in that country by persons entitled under the law of that country to make such broadcasts in like manner as those provisions apply in relation to television broadcasts and sound broadcasts made by broadcasting organizations in possession of valid licences granted by or under the law regulating wireless telegraphy.

(2) An Order applying a provision of this Act in relation to a country other than Grenada in accordance with sub- section ( l)-

47 of 53

Denial of copyright or neighbouring rights to citizens of countries not giving adequate protection to Grenada works or performance,

(a) may apply the prov1smn without exception or modi- fication or subject to such exceptions or modifications as are specified in the Order; and

(b) may apply the provision either generally or in relation to such classes of works, productions, performances or editions, or other classes of cases, as are specified in the Order.

(3) An Order applying any of the provisions of this Act in relation to a country not being a country that is a party to a Convention relating to copyright or to neighbouring rights in which Grenada is also a party, shall not be made unless the Governor-General is satisfied that, in respect of the class of works, productions, performances or editions to which those provisions relate, provision has been or will be made under the law of that country by virtue of which adequate protection is or will be given to owners of copyright or neighbouring rights under this Act.

(4) Where-

(a) the identity of the author of an unpublished work is unknown but there are reasonable grounds for believing that the author of the work was, at the time when or for a substantial part of the period during which the work was made, a citizen or national of a country other than Grenada; and

(b) under the law of that country, a person is authorized to represent the author, or to protect and enforce the rights of the author, in relation to that work; and

(c) provision is made by the Order applying any of the provisions of this Act in relation to works made by citizens or nationals of that country,

that person shall, for the purposes of those provisions as so applying, be treated as if he were the author of the work.

59.. (l) In this section-

"author", in relation to a sound recording or an audio- visual production, means the maker of the recording or production;

uGrenada work or perfonmmce"' means a work the author of which was, at the time when the work was made,

a qualified person for the purposes of the relevant provision of this Act, or a performance by a per- former who was at the time of the performance such a qualified person;

•'the relevant provision of this Act', means-

(a) in relation to a literary, musical or artistic work, section 6;

(b) in relation to a sound recording or an audio- visual production, section 1O; and

"work'' means a literary, musical or artistic work, a sound recording or an audio-visual production.

48 of 53

Application of Act to international organizations

Original works made or first published by internalionai organizations

(2) Where it appears to the Governor-General that the law of a country does not give adequate protection to Grenada works or performances, or does not give adequate protection in relation to a class or classes of such works or performances (whether the lack of protection relates to the nature of the work or performance or the nationality, citizenship or country of residence of its author or performer or all of those matters), the Governor-General may, by Order, make provision in relation to that country in accordance with subsection (3).

(3) An Order made for the purpose of this section may provide, either generally or in such classes of cases as are specified in the Order, that copyright or neighbouring rights shall not subsist in works first published or in performances first given after a date specified in the Order (which may be a date before the commencement of this Act) if, at the time of the first publication of those works or the giving of the performances, the authors of the works or the performers were or are-

(a) citizens or nationals of a country specified in the Order, not being at that time persons resident in Grenada; or

(b) in the case of works being sound recordings or audio- visual productions, bodies incorporated under the law of a country specified in the Order.

(4) In making an Order for the purposes of this section, the Governor-General shall have regard to the nature and extent of the lack of protection for Grenada works and performances by reason of which the Order is made.

60~ (1) Where it appears to the Governor-General that it is desirable that this Act should apply in relation to an organization-

(a) of which two or more countries~ or the governments of two or more countries~ are members~- or

(b) that is constituted by persons representing two or more countries, or representing the governments of two or more countries;

he may by Order declare that organization to be an international organization to which this Act applies.

(2) An international organization to which this Act applies which othervvise does not have, or at some material time otherwise did not have, the legal capacities of a body corporate has, and shall be deemed at all material times to have had~ the legal capacities of a body corporate for the purpose of holding, dealing with and enforcing copyright or neighbouring rights and for the purposes of all legal proceedings relating to copyright or such neighbouring rights.

61., (1) Where an original literary, musical or artistic work is made by, or under the direction or control of, an international organization to which this Act applies in such circumstances that copyright would not, apart from this subsection9 subsist in the work, then-

49 of 53 (a) copyright shall subsist in the work and shall continue

to subsist so long as the work remains unpublished; and

(b) the organization shall be, subject to Part IV, the owner of that copyright.

(2) Where an original literary, musical or artistic work is first published by, or under the direction or control of, an international organization to which this Act applies in such circumstances that copyright would not, apart from this subsection, subsist in the work immediately after the first publication of the work, then-

(a) copyright shall subsist in the work, or, if copyright in the work subsisted immediately before its first publication. shall continue to subsist in the work:

(b) the copyright shall subsist until the expiration of fifty years after the expiration of the calendar year in which the work was first published; and

{c) the organization shall be, subject to Part IV, the owner of that copyright.

(3) Save in so far as other provision. is made by this section, Part Il shall apply in relation to copyright subsisting by virtue of this section in like manner as it applies in relation to copyright. subsisting by virtue of that Part.

62 .. (1) Where a sound recording or an audio-visual production is made by, or under the direction or control of, an international organization to which this Act applies in such circumstances that neighbouring rights would not, apart from this subsection, subsist in the recording or audio-visual production, then.-

(a) neighbouring rights shall subsist in the recording or production, and shall subsist so long as the recording or production remains unpublished; and

(b) the organization shall be, subject to Part IV, the owner of the rights.

(2) Where a sound recording or an audio-visual production is first published by, or under the direction or control of, an international organization to which this Act applies in such circumstances that neighbouring rights would not, apart from this subsection 1 subsist in the recording or production immediately after the first publication of the recording or work, then-

(a) neighbouring rights shall subsist in the recording or production, or if such rights in the recording or production subsisted immediately before its first publication, shall continue to subsist in the recording or production;

(b) neighbouring rights shall subsist until the expiration of fifty years after the expiration of the calendar year in which the recording or production was first published; and

Recordings and audio- visual pro- ductions made or first published by international organizations

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Power of Minister to make regulations

Copyright and neighbouring rights subsist onlv under this Act

·(3) Where an edition of a literary or musical work or two or more literary or musical works, other than an edition that reproduces a previous edition of the same work or works, is published. by, or under the direction or control of, an international organization to which this Act applies in such circumstances that neighbouring rights would not, apart from this subsection, subsist in the edition immediately after the first publication of the edition, then-

(a) neighbouring rights shall subsist in the edition and shall continue to subsist until the expiration of twenty-five years after the expiration of the calendar year in which the edition was first published; and

(b) subject to Part IV, the organization shall be the owner of the neighbouring rights.

(4) Save in so far as other provision is made by this section, Part III shall apply in relation to neighbouring rights subsisting by virtue of this section in like manner as it applies in relation to neighbouring rights subsisting by virtue of that Part.

PART XI

MrSCELLANEOUS

63. (1) Save for matters required to be prescribed by rules of court for the purposes of Part IX, the Minister may make regulations prescribing such matters as are required or permit- ted by this Act to be prescribed or are necessary or convenient to be prescribed for carrying out or giving effect to this Act.

(2) Without prejudice to the generality of the power confer- red by subsection (1), regulations made under this section with respect to the making of records pursuant to section 35(2) may be expressed to apply also to the making of records of literary or musical works that are made otherwise than pursuant to section 35(2).

64. Subject to this Act, no copyright or right in the nature of copyright shall subsist in any literary, musical or artistic work and no neighbouring rights shall subsist in any sound recording~ audio-visual production or broadcast or in. the

performance of a literary or musical work, otherwise than by virtue of this Act.

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65 ( l) Where immediately prior to the commencement of Tran~i~ional.. prov1s1ons this Act copyright subsists in Grenada in a literary, musical or artistic work by virtue of the Copyright Act 1956 of the United Kingdom, such copyright shall continue to subsist, and the person entitled thereto by virtue of that Act shall be the owner thereof, under and subject to this Act, and in particular-

(a) the duration of such copyright; (b) the acts comprised within the exclusive rights attaching

to such copyright; and

(c) the effect upon the ownership of such copyright of any event or transaction occurring, or of any contract or agreement made, after the commencement of this Act,

shall be governed by this Act.

(2) Where, at the commencement of this Act, copyright sub- sists in Grenada, by virtue of the Copyright Act 1956 of the United Kingdom, in any record, perforated roll or other contri- vance by virtue of which sounds may be mechanically produced, such copyright shall continue-

(a) to subsist for the remainder of the period for which it would have subsisted if this Act had not been passed; and

(b) in relation to any such record·, perforated roll or contri- vance, to have the meaning and effect it would have had if this Act had not been passed.

(3) Nothing in this Act shall be construed as reviving any copyright which subsisted by virtue of the Copyright Act 1956 of the United Kingdom or as creating a neighbouring right in relation to any work in which such copyright subsisted, where, prior to the commencement of this Act, such copyright had ceased to subsist.

(4) Where any person has, before the commencement of this Act, incurred any expenditure or liability in connection with, or in contemplation of, the doing of an act in relation to a protected work, production, performance or edition, being an act which prior to that date would have been lawful, nothing in this Act shall diminish or prejudice any rights or interests

which, in relation to that work, production, performance or edition, are subsisting and valuable on the date of the commencement of this Act, unless the person who, by virtue of this Act, is the owner of the copyright or neighbouring rights, agrees to pay such compensation as, in default of agreement, may be fixed by the High Court.

(5) Subject to this subsection- (a) proceedings under this Act for infringement may be taken

notwithstanding that the alleged infringement occurred before the commencement of this Act;

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(b) proceedings for infringement of copyright instituted and not disposed of before the commencement of this Act shall be disposed of as if this Act had not been passed;

(c) where an act done before the commencement of this Act was then an infringement of copyright or neigh~ bouring rights under this Act, proceedings in respect of that act may be taken as if this Act had not been passed;

(d) nothing in this Act shall render any act done before the commencement of this Act an infringement of copyright or neighbouring rights under this Act if that act would not, but for the passing of this Act, have constituted an infringement.

Savings 66.. (l) Nothing in this Act shall affect the operation of any rule of equity relating to breaches of trust or confidence.

(2) Nothing in this Act affects the right of the Government, or any person deriving tide from the Government, to seU, use or otherwise deal with articles forfeited under the Customs Act, or any article forfeited by virtue of this Act.

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SCHEDULE (Section 35(2)(b))

RATES OF ROYALTIES PAYABLE FOR RECORDING MUSICAL AND LITERARY WORKS

The royalties payable by a producer in respect of records made pursuant to section 35(2) shall be calculated at the rates, and in the manner~ set out in the following paragraphs.

( l) The standard amount of royalty shall be the product of multiply- Normal ba_sis · h b f d ct b · f h -1 11 . of calculatwnmg t e num er o recor s ma e y six per cent o t e retai se mg price at which the producer intends each record to be sold.

(2) Subject to paragraph (3), if the standard royalty for one record Minimum calculated according to paragraph ( l) is less than the sum produced royalty by multiplying every minute or (part thereof) of the playing time of the record by five cents, then the royalty payable for each record shalJ be that sum.

(3) Where a record consists partly of copyright and partly of non- copyright material, the amount of royalty payable shall be reduced to the proportion of the standard royalty or the minimum royalty, as the case may be, which the duration of copyright material bears to the total duration of the record.

(4) Where it is established that records are being sold at a retail price in excess of the price upon which the standard amount of royalties payable was calculated, additional royalties shall be payable equivalent to the amount by which the royalties~ as calculated on the highest actual retail price, exceed the standard royalties.

Apportion* ment

Additional royalties

Loi sur le droit d'auteur (Cap. 67), Grenade

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