Loi de 2003 sur le droit d'auteur (loi n° 21 de 2003), Saint-Vincent-et-les-Grenadines

SAINT VINCENT AND THE GRENADINES
COPYRIGHT ACT, 2003
ARRANGEMENT OF SECTIONS

PART I PRELIMINARY

PART II – COPYRIGHT

1. Categories of protected works
2. Qualification for copyright protection
3. Nature of copyright economic rights

Ownership of Copyright

1. Ownership of copyright
2. Assignment and licences
3. Prospective ownership of copyright
4. Copyright in unpublished works passes under will
5. Moral rights not assignable

Moral and Related Rights

1. Infringement of right to be identified as author or director
2. Infringement of right to object to derogatory treatment of work
3. Infringement by possession of infringing article
4. False attribution of work infringement of right

Remedies for Infringement of Moral Rights and Related Rights

1. Infringement of privacy right in photographs, etc.
2. Remedies for infringing moral rights etc.

Presumptions

1. Presumptions as to subsistence and ownership of copyright
2. Presumption in relation to authorship of protected works
3. Presumptions where action relates to sound recordings, films and computer programme

Offences

1. Withdrawal of privilege against illumination of self or spouse in infringement and related proceedings
2. Offences in respect of dealings which infringe copyright
3. Presumptions not to apply
4. Order to deliver up in criminal proceedings

Supplementary

1. Application of provisions of re-entry
2. Provisions for restricting importation of infringing copies

PART VI – EXCEPTIONS TO INFRINGEMENT OF COPYRIGHT

Preliminary

49. Definitions

Performer’s Rights

1. Consent required for recording or live transmission of performance
2. Consent and royalty required for adaptation of recording
3. Infringement of performer’s rights by importing possessory, illicit recording
4. Performers moral rights

Rights of Person Having Recording Rights

1. Consent required of performance subject to exclusive contract
2. Infringement of recording rights by use of recording made without consent

109. Infringement of recording rights by importing, possessory, illict recording

Exceptions to Infringement

1. Fair dealing for criticism, etc
2. Acts done to recording of performance for purposes of instruction
3. Recording of broadcasting and cable programmeS by educational establisment
4. Acts done to performance or recording for Parliamentary proceedings
5. Transfer of recording of performance in electronic form
6. Use of for recordings of spoken words
7. Playing sound recording for charitable purposes
8. Incidental recording for purposes of broadcast or cable programme
9. Recordings for supervision and control of programmes permitted
10. Order excepting acts from infringing rights under this Part
11. Court may consent on behalf of performer

Duration and Transmission of Rights in Performances; Consent

1. Duration of rights in performances
2. Transmission of rights in performances
3. Consent

Remedies for Infringement of Rights in Performances

1. Infringement actionable as breach of statutory duty
2. Order for delivery up of illicit recording in Court
3. Right to seize illicit recordings

Offences in Relation to Performances

1. Criminal liability for making illicit recordings
2. Order for delivery up of illicit recording in criminal proceedings

economic rights

following acts in relation to the work:

(a)

reproduction of the work;

(b)

translation of the work;

(c)

adaptation, arrangement or other transformation of the work;

(d)

the first public distribution of the original and each copy of the work by sale, rental, or otherwise;

(e)

rental or public lending of the original or a copy of an audiovisual work, a work embodied in a sound recording, a computer programme, a data base or a musical work in the form of notation, irrespective of the ownership of the original or copy concerned;

(f)

importation of copies of the work, even where the imported copies were made with the authorisation of the owner of copyright;

(g)

public display of the original or a copy of the work;

(h)

public performance of the work;

(i)

broadcasting of the work;

(j)

communication to the public of the work.

(2) The rights of rental and lending under paragraph

(e)

of subsection (1) shall not apply

(a)

to rental or lending of computer programmes where the programme itself is not the essential object of the rental or lending; or

(b)

to cinematographic works unless such commercial rental has led to widespread copying of such works materially impairing the exclusive right of production.

(3)

The onus of proving that widespread copying of a cinematographic work has materially impaired the exclusive right of production under this section rests upon the person who alleges that this is the case.

Duration to Copyright Protection

Duration of copyright in literary, works,etc.

8. (1) Subject to the provisions of this section, copyright in any literary, dramatic, musical or artistic work expires at the end of the period of seventy five years from the end of the calendar year in which the author dies.

(2)

Where the authorship of a work referred to in subsection (1) is unknown, copyright in that work expires at the end of the period of fifty years from the end of the calendar year in which it was first made available to the public, and subsection (1) shall not apply if the identity of the author becomes known after the end of that period.

(3)

For the purposes of subsection (2), acts that constitute the making available of a work to the public include:

(a)

in relation to a literary, dramatic or musical work, the performance of the work in public or its broadcast or inclusion in a cable programme service;

(b)

in relation to an artistic work, the exhibition of the work in public or its inclusion in a film shown to the public or in a broadcast or cable programme service,

so, however, that in determining for the purpose of this subsection whether a work has been made available to the public any unauthorized act shall be disregarded.

(4) The provisions of subsections (1) and (2) shall not apply to computer-generated work, the copyright in which expires at the end of the period of fifty years from the end of the calendar year in which the work is made.

(5) In relation to a work of joint authorship,

(a) the reference in subsection (1) to the death of the author shall be construed

(i) where the identity of all the authors is known, as a reference to the death of the last of them to die;

Duration of copyright in sound recordings and films

Duration of copyright in broadcasts and cable programmes

(ii) where the identity of one or more of the authors is known and the identity of one or more others is not, as a reference to the death of the last of the authors whose identity is known; and

(b) the reference in subsection (2) to the identity of the author becoming known, shall be construed as a reference to the identity of any of them becoming known.

(6)

A work is of unknown authorship if the identity of the author is unknown or, in the case of a work of joint authorship, if the identity of none of the authors is known.

(7)

The identity of an author shall be regarded as unknown if it is not possible for a person to ascertain his identity by reasonable inquiry, but if his identity is once known it shall not subsequently be regarded as unknown.

9. (1) Copyright in a sound recording or film expires at the end of the period of fifty years from the end of the calendar year in which it was made or, where it is made available to the public before the end of that period, seventy five years from the end of the calendar year in which it is so made available.

(2)

For the purposes of subsection (1) a sound recording or film is made available to the public when

(a)

it is first published, broadcasted or included in a cable programme service;

(b)

in the case of a film or film sound track, the film is first shown in public.

(3)

In determining whether a sound recording or film has been made available to the public, any unauthorised act shall be disregarded.

10. (1) Copyright in a broadcast or cable programme expires at the end of the period of fifty years from the end of the calendar year in which the broadcast was made or the programme included in a cable programme service.

(2) Copyright in a repeat broadcast or a repeat cable

Duration of copyright in typographical arrangements of editions

Moral rights

Right to be identified as author

programme expires at the same time as copyright in the original broadcast or cable programme;

(3)

No copyright arises in respect of a repeat broadcast or a repeat cable programme which is broadcast or, as the case may be, included in a cable programme service after the expiry of the copyright in the original broadcast or cable programme.

(4)

References in subsection (2) to a repeat broadcast or a repeat programme means one that is a repeat of a broadcast previously made or as the case may be, of a cable programme previously included in a cable programme service.

11. Copyright in the typographical arrangement of a published edition expires at the end of period of twenty-five years from the end of the calendar year in which the edition was first published.

(a)

the author of a literary, dramatic, musical or artistic work that is protected work; or

(b)

the director of a film that is a protected work,

14.

(a)

in the case of commercial publication or the issue to the public of copies of a film or sound recording, to be identified in or on each copy or, if that is not appropriate, in some other manner likely to bring his identity to the notice of a person acquiring a copy;

(b)

in the case of identification on a building, to be identified by appropriate means visible to persons entering or approaching the building; and

(c)

in any other case, to be identified in a manner likely to bring his identity to the attention of a person seeing or hearing the performance, exhibition, film, broadcast or cable programme in question,

literary, dramatic, musical or artistic work made for the purposes of the publication or made available with the consent of the author for purposes of the publication;

(d) a work in which copyright originally vested in an international organisation by virtue of section 144 unless the author or director has previously been identified as such in or on published copies of the work.

(i)

a translation of a literary or dramatic work; or

(ii)

an arrangement or transcription of a musical work involving no more than a change of key or register.

(a)

not to have a literary, dramatic, musical or artistic work falsely attributed to him as author; and

(b)

not to have a film falsely attributed to him

as director.

Ownership of Copyright

(b) to part, but not the whole, of the period for which copyright is to subsist.

(a)

the manuscript or other support on which a literary, dramatic, musical or artistic work was first expressed in material form; or

(b)

the material support embodying a sound recording or film,

(a)

to a person as he may by testamentary disposition specifically direct; or

(b)

in the absence of any direction, then if the copyright in the work in question forms part of his estate, to person to whom the copyright passes,

(iii) by way of trade exhibits in public,

(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

(c)

possesses in the course of a business; or

(d)

sells or lets for hire or offers for sale or hire,

(a) an infringement was committed; but

(b) at the time of the infringement the defendant was not aware and had no reasonable grounds for suspecting, that

copyright subsisted in the work which the action relates,

(a)

in the course of his business has an infringing copy of a work in his possession, custody or control; or

(b)

has in his possession, custody or control an article specifically designed or adapted for making copies of a particular protected work, knowing or having reason to believe that it has been or is being used to make infringing copies,

would not otherwise be available to the claimant,

or, as the case may require, any right of action exercisable by the other party under that section in respect thereof.

(a) no judgement or order for the payment of damages in respect of an infringement of copyright shall be given or made under section 29, if a final judgement or order has been given or made awarding an account of profits to the other party under

that section in respect of the same infringement; and

(b) no judgement or order for an account of profits in respect of an infringement of copyright shall be given or made under that section, if a final judgement or order has been given or made awarding either damages or an account of profits to the other party under that section in respect of the same infringement.

Moral and Related Rights

(a)

fair dealing with the work for the purposes of criticism, review or the reporting of current events by means of a sound recording, film, broadcast or cable programme;

(b)

the incidental inclusion of the work in an artistic work, sound recording, film, broadcast or cable programme;

(c)

the use of the work for examination purposes;

(d)

acts done for the purposes of parliamentary or judicial proceedings or proceedings of a statutory inquiry;

(e)

the use of design documents and models;

(f)

the use of a design derived from artistic work;

(g)

acts permitted in relation to anonymous or pseudonymous works on the assumption that copyright in the work has expired or that the author is dead.

work

section 13 to object to derogatory treatment of his work is infringed where the following acts are done in relation to that work:

Infringement by possession of infringing article

False attribution of work infringement of right

36. (1) The right conferred by section 14 is also infringed by a person who

an article that is, and which he knows or has reason to believe is an infringing article.

(2) For the purposes of this section, an “infringing article” means a work or a copy of a work which

37. (1) Subject to the provisions of this section, the right conferred on a person not to have a literary, dramatic, musical or artistic work falsely attributed to him as author, is infringed by a person who

(2) The right conferred on a person not to have a film falsely attributed to him as director is infringed by a person who issues to the public copies of a work of any person of those descriptions in or on which there is a false attribution

who knows or ought to have known that the attribution is false

Infringement of privacy right in photo-graphs, etc.

Remedies for infringing moral rights etc.

(3) For the purposes of this section,

(4) This section shall apply where, contrary to the fact,

38. The right conferred by section 16 in relation to a commissioned photograph or film is infringed by a person who does or authorises the doing of any act mentioned in that section in relation to that work; but the right is not infringed by any act which, pursuant to Part VI would not infringe copyright in the work.

Remedies for Infringement of Moral Rights and Related Rights

39. (1) The infringement of a right conferred under section 13, 14, 15, or 16 is actionable as a breach of statutory duty owed to the person entitled to the right.

(2) In an action for infringement of the right conferred by section 14, the Court may, if it thinks it an adequate remedy in the circumstances, grant an injunction on terms prohibiting the doing of any act unless a disclaimer is made on such terms and in such manner as may be approved by the Court, disassociating the author or director from the treatment of the work.

(3) Where in any action an infringement of a right referred to in subsection (1) is proved or admitted, the Court may order the defendant to publish such correction in the terms and in a manner as the Court may direct.

Presumptions 40. In an action brought by virtue of this Part, as to subsistence and

ownership of

copyright

Presumption in 41. (1) Subject to section 40, where in the case of a relation to

protected work, a name purporting to be that of the author appears on

authorship of

copies of the work as published or, in the case of an artistic work,

protected

appeared on the work when it was made, the person whose name

works

appears, shall, in any action brought by virtue of this Part, be presumed, unless the contrary is proved, to be the author.

(2)

In the case of a protected work alleged to be a work of joint ownership, subsection (1) shall apply in relation to each

person alleged to be one of the authors of the work as if references in the subsection to the author were references to one of the authors.

(3)

Where in an action brought by virtue of this Part with respect to a protected work, subsection (1) does not apply, but it is established that

(a)

pursuant to paragraph (b) in section 6 (1) the work qualifies for copyright protection by virtue of the country of first publication; and

(b)

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 the copyright at the time of the publication.

(4)

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

(b)

if it is alleged by the claimant that a publication specified in the allegation was the first publication of the work and 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 place in that country and on that date.

(5)

For the purpose 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.

Presumptions 42. (1) In an action brought by virtue of this Part with where action

respect to a sound recording, film or computer programme, the

relates to sound

presumptions specified in this section shall apply.

recordings, films and computer programme

presumptions specified in this section shall apply.

(2) In an action brought by virtue of this Part with respect to a sound recording, where copies of the recording as issued to the public bear a label or other mark stating

the label or mark shall be admissible as evidence of the facts stated and shall be presumed to be correct until the contrary is proved.

(3) In an action brought by virtue of this Part with respect to a film, where copies of the film as issued to the public bear a statement

the statement shall be admissible as evidence of the facts stated and shall be presumed to be correct until the contrary is proved.

(4) In an action brought by virtue of this Part with respect to a computer programme, where copies of the programme are issued to the public in electronic form bearing a statement,

Withdrawal of privilege against illumination of self or spouse in infringement and related proceedings

(5)

The presumptions specified in subsections (2), (3) and (4) apply in an action relating to an infringement alleged to have occurred before the date on which the copies were issued to the public.

(6)

In an action brought by virtue of this Part with respect to a film, where the film as shown in public, broadcast or included in a cable programme service bears a statement

(a)

that a named person was the author or director of the film; or

(b)

that a named person was the owner of copyright in the film immediately after it was made,

the statement shall be admissible as evidence of the facts stated and shall be presumed to be correct until the contrary is proved.

(7) Pursuant to subsection (1) the presumptions shall also apply in an action relating to an infringement alleged to have occurred before the date on which the film was shown in public, broadcast or included in a cable programme service.

43. (1) For the purposes of this section “related offence” in relation to any proceedings to which subsection (2) applies means,

“related penalty” in relation to any proceedings to which subsection (2) applies, means,

(2)

In any proceedings to which this subsection applies a person shall not be excused, by reason of the fact 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;

(b)

proceedings brought to obtain disclosure of information relating to any infringement of such rights; and

(c)

proceedings brought to prevent any apprehended infringement of such rights.

(4)

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

Offences in respect of dealings which infringe copyright

shall, in proceedings for any related offence or for the recovery of any related penalty, be admissible in evidence against that person or against the spouse of that person.

(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 in the Court.

(6)

Any reference in this section to civil proceedings in the High Court of any description includes a reference to proceedings on appeal arising out of civil proceedings in the High Court of that description.

44. (1) Any person who, without a licence of the copyright owner, at a time when copyright in a work subsists by virtue of this Act

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

(2) Any person who, at the time when copyright subsists in a work by virtue of this Act makes or has in his possession an article specifically designed or adapted for making copies of a particular work, knowing that it is to be used for making infringing copies for sale or hire or for use in the course of business, commits an offence.

Presumptions not to apply

Order to deliver up in criminal proceedings

(3) Any person who causes

commits an offence.

(4)

Any person who is convicted of an offence under subsection (1) shall be liable on summary conviction in the case of a first conviction to a fine not exceeding five thousand five hundred dollars for each article to which the offence is related, and in the case of any subsequent conviction, to a fine as may be determined by the Magistrates Court or to imprisonment for a term not exceeding two years.

(5)

Any person who is convicted of an offence under this section, other than an offence referred to under subsection (1), shall be liable on summary conviction to a fine not exceeding one thousand five hundred dollars and, in the case of any subsequent conviction to such fine, or to imprisonment for a term not exceeding twelve months.

(6)

For the purposes of this Part “article”includes every infringed copy of a work.

1. The presumptions specified in sections 40 and 41 do not apply to proceedings for an offence under section 444 but without prejudice to their application to proceedings for an order under section

46.

46. (1) Subject to subsection (2), the Court before which proceedings are brought against a person for an offence under section 46 may, if it is satisfied that at the time of his arrest or charge

order that the infringing copy or article be delivered up to the copyright owner or to any other person as the Court may direct.

(2)

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

(a)

after the time specified in section 133, or

(b)

if it appears to the Court unlikely that any order will be made under section 134.

(3)

An appeal lies from an order made under this section to the Court of Appeal.

(4)

A person to whom an infringing copy or other article is delivered up in pursuance of an order under this section shall retain it pending the making of an order or the decision not to make an order under section 135.

Application of 47. For the purposes of this Part, the provisions of sections provisions of

131 and 132 shall apply in respect of the entry and search of any

re-entry

Provisions for 48. (1) The owner of the copyright in any published restricting

literary, dramatic or musical work may give notice in writing to the

importation of

infringing copies

No. 14 of 1999

(2)

The period specified in a notice given under subsection (1) shall not exceed five years and shall not extend beyond the end of the period for which the copyright may subsist.

(3)

This section shall apply in the case of a literary or musical work, film or sound recording, to any copy made outside Saint Vincent and the Grenadines which is an infringing copy of the work, film or sound recording.

(4)

Where a notice has been given under this section in respect of a literary or a musical work, film or sound recording and has not been withdrawn, the importation into Saint Vincent and the Grenadines at a time before the end of the period specified in the notice, of any copy of the work, film or sound recording to which this section 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.

(5)

The owner of the copyright in a literary or musical work, film 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;
(c)	the payment of fees;
(d)	the giving of security; and
(e)	any other matters	incidental	or	supplementary

(6) Notwithstanding any provision in the Customs (Control and Management) Act, a person shall not be liable to any penalty under that Act, other than forfeiture of the goods, by reason that any goods are prohibited by virtue of this section.

Preliminary

Definitions

Research and private study

Criticism, review and reporting

“facsimile copy” includes a copy which is reduced or enlarged in scale;

“sufficient acknowledgement” means an acknowledgement identifying the work in question by its title or other description and, unless the work is anonymous, or the author has previously agreed or required that no acknowledgement of his name should be made, also identifying the author.

General Exceptions

(a)

in the case of a librarian, or a person acting on behalf of a librarian he does anything which regulations, would not permit to be done under section 62 (a) or 63 (1) (b);

(b)

in any other case, the person doing the copyright knows or has reason to believe it will result in copies of substantially the same material being provided to more than one person at substantially the same time for substantially the same purpose.

pursuance of an arrangement made at any time when

(2) Subsection (1) (b) (ii) does not apply in relation to work in which copyright originally vested in an international organization by virtue of section 143 and in respect of which an order under that section specified a copyright period longer than seventy five years.

(3) In relation to a work of joint authorship

Use of notes of 55. (1) Where a record of spoken word is made, in recordings of

writing or otherwise, for the purpose of;

it is not an infringement of any copyright in the words as a literary work to use the record or material taken from it for that purpose providing the conditions specified in subsection (2) are met.

(2) The conditions referred to in subsection (1) are that

Use of Work for Educational Purposes

56. (1) Copyright in a literary, dramatic, musical or artistic work is not infringed by being copied in the course of instruction or of preparation for instruction, provided the copying is done by a person giving or receiving instruction and is not by means of a reprographic process.

(2)

Copyright in a sound recording, film, broadcast or cable programme is not infringed by its being copied by making a film or film sound-track in the course of instruction, or of preparation for instruction in the making of films or film sound-tracks, provided the copying is done by a person giving or receiving instruction.

(3)

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

57. (1) The inclusion, in a collection intended for use in educational institutions of a short passage from a published literary or dramatic work does not infringe copyright in the work if

(2)

Subsection (1) does not authorise the inclusion of more than two excerpts from protected works by the same author in collections published by the same publisher over any period of five years.

(3)

In relation to any given passage, the reference in subsection (2) to excerpts from works by the same author

(a)

shall be taken to include excerpts from works by him in collaboration with another; and

(b)

if the passage in question is from such a work, shall be taken to include excerpts from works by any of the authors, whether alone or in collaboration with another.

58. (1) The performance of a literary, dramatic or musical work before an audience consisting of teachers and pupils at an educational institution and other persons directly connected with the activities of the institution,

is not a public programme for the purposes of infringement of copyright.

(2) The play or showing of a sound recording, film,

broadcast or cable programme before such an audience at an educational institution for the purposes of instruction is not a playing or showing of the work in public for the purposes of the infringement of copyright.

(3) A person is not for this purpose directly connected with the activities of the educational institution simply because he is the parent of the pupil at the institution.

59. (1) Subject to subsection (2), a recording of a broadcast or cable broadcast programme or a copy of such a recording may be made by or on behalf of an educational institution for the educational purposes of that institution without thereby infringing the copyright in the broadcast or cable programme or in any work included in it.

(2) Subsection (1) shall not apply if or to the extent that, there is a licensing scheme under which licences are available authorising the making of the recordings or copies, and the person making the recordings knows or ought to have been aware of that fact.

60. (1) Subject to the provisions of this section, reprographic copies of passages from published literary, dramatic or musical work may be made by or on behalf of an educational institution for the purposes of instruction without infringing any copyright in the work or in the typographical arrangement.

(2)

Not more than one percent of any work may be copied by or on behalf of an educational institution by virtue of this section in any quarter, that is to say, in any period 1st January to 31st March, 1st April to 30th June, 1st July to 30th September, 1st October to 31st December.

(3)

Copyright is not authorised by this section if, or to the extent that, there is a licensing scheme under which licences are available authorising the copying in question and the person making the copies know or ought to have been aware of that fact.

(4)

Where a licence is granted to an educational institution authorising the reprographic copying of passages from any published literary, dramatic or, musical work, for use by the institution, then, any term of that licence which purports to restrict the proportion of work which may be copied whether on payment or free of charge, to less than that permitted under this section shall be of no effect.

Subsequent 61. (1) Where a copy of a work would be an infringing dealing with

copy if the making thereof were not authorised under section 56, 59 or

copy if the making thereof were not authorised under section 56, 59 or 660 and such copy is subsequently dealt with, it shall be treated as an infringing copy for the purposes of that dealing and, if that dealing infringes copyright, for all subsequent purposes.

(2) For the purposes of this section “dealt with” means sold, or let for hire or offered or exposed for sale or hire.

Exceptions affecting Libraries and Archives

62. (1) In sections 62 to 66 references to “librarian” or “archivist” include references to a person acting on his behalf.

(2)

Regulations may provide that a librarian or archivist who is required to be satisfied as to a material matter before making or supplying a copy of a work

(a)

is entitled to rely on a declaration as to that matter, signed by the person requesting the copy, unless he is aware that the declaration is false in any material particular;

(b)

in such cases, shall not make or supply a copy to any person in the absence of a declaration by that person.

(3)

Where a person requesting a copy makes a declaration that is false in a material particular and is supplied with a copy which would have been an infringing copy if made by him, that person shall be liable for infringement of copyright as if he had made the copy himself, and the copy supplied shall be treated as an infringing copy.

63. (1) The librarian of a prescribed library or archive may, if the conditions are complied with

without infringing any copyright subsisting in the text of the article or in the work, as the case may be, or in any illustrations accompanying such article or work, or in the typographical arrangement thereof.

(2) The conditions prescribed pursuant to subsection

(1)

shall include the following:

(a)

that copies shall be supplied only to persons satisfying the librarian that they require them for purposes of research or private study, and will not use them for any other purpose;

(b)

in relation to an article, that no person shall be furnished with more than one copy of the same article or with copies of more than one article contained in the same issue of a periodical;

(c)

in relation to a work referred to in paragraph (b) of subsection (1), that no person shall be furnished with more than one copy of the same material or of a copy of more than a reasonable proportion of any work;

(d)

that persons to whom copies are supplied are required to pay for them a sum not less than the cost; including a contribution to the general expenses of the library, attributable to their production;

(e)

that requirement of persons shall be regarded as similar if the requirements are for copies of substantially the same material at substantially the same hire and substantially the same purpose, and

(f)

that requirements of persons shall be regarded as related if those persons received instruction to which the material is relevant at the same time and place.

(3)

Subsection (1) shall not apply if or to the extent that there is a licensing scheme under which licences are available authorising the making of such copies and the person making the copies know or ought to have been aware of that fact.

64. (1) The librarian of a library or archive may, if the prescribed conditions are complied with, make and supply to another

library or archive a copy of
(a)	an article in a periodical; or
(b)	the whole or part of a published edition of
	a literary, dramatic or musical work,

without infringing any copyright in the text of the article or the work, or in any illustrations accompanying such article or work or, in the case of a published edition, in the typographical arrangement.

(2) Paragraph (b) of subsection (1) shall not apply if, at the time the copy is made, the librarian making it has knowledge or could, by reasonable inquiry, ascertain the name and address of a person entitled to authorise the making of the copy.

65. (1) The librarian of a library or archive may, if the prescribed conditions are complied with, make a copy from any item in the permanent collection of the library or archive for the purpose of

without infringing the copyright in any literary, dramatic or musical work, in any illustrations accompanying such a work or, in the case of a published edition, in the typographical arrangement.

(2) The conditions shall include provisions restricting the making of copies to cases where it is not reasonably practicable to purchase a copy of the item in question for the purpose.

66. (1) Subject to subsection (2), the librarian of a library or archive may, if the conditions are complied with, make and supply a copy of the whole or part of a literary, dramatic or musical work from a document in the library or archive without infringing any copyright in the work or in any illustrations accompanying it.

(2) Subsection (1) shall not apply where

(3) The prescribed conditions shall include the following:

Exceptions Relating to Public Administration

67. (1) A recording of a broadcast or cable programme of a designated class, or a copy of such a recording, may be made for the purpose of being placed in an archive maintained by a designated body without thereby infringing any copyright in the broadcast or cable programme or in any work included in it.

(2) The designated body referred to under subsection

(1) shall be prescribed by the Minister, and the Minister shall not designate a body unless he is satisfied that it is not established or conducted for profit.

68. (1) Copyright in a work is not infringed by anything done for the purposes of parliamentary or judicial proceedings or, subject to subsection (3), for the purposes of reporting such proceedings.

(2) Copyright in a work is not infringed by anything done for the purposes of the proceeding of a statutory inquiry or, subject

to subsection (4), for the purposes of reporting any such proceeding held in public.

(3)

The provisions of subsection (1) and (2) relating to the reporting of proceedings shall not be construed as authorising the copying of a work which is itself a published report of the proceedings.

(4)

Copyright in a work is not infringed by the issue to the public of copies of the report of a statutory inquiry containing the work or material from it.

(5)

For the purposes of this section, “statutory inquiry” means an inquiry held or investigation conducted in pursuance of a duty imposed or power conferred by or under an Act of Parliament.

1. Where any protected work or a reproduction of any such work is comprised in any public record and is open to public inspection, the copyright in the work is not infringed by the making or supplying to any person of any copy of the work by or under the direction of any officer in charge of the record.
2. (1) It is not an infringement of any copyright in a design document or in a model that records or embodies a design for anything save for an artistic work or a typeface, to make an article to the design or to copy an article made to the design.

(2) It is not an infringement of any copyright to issue to the public or to include in a film, broadcast or cable programme service anything the making of which was, by virtue of subsection (1), not an infringement of that copyright.

(3) For the purposes of this section

71. (1) Where an artistic work has been exploited by or with the licence of the copyright owner by

then, after the end of the period of fifty years from the end of the calendar year in which the articles are first marketed, a person may, without infringing copyright in the work, copy the work by making articles of any description or by doing anything in relation to articles so made.

(2) Where only part of an artistic work is exploited in the manner described in subsection (1), then, the provisions of that subsection apply only in relation to that part.

(3)

The Minister may by order make provision

(a)

as to the circumstances in which an article or any description of article is to be regarded for the purposes of this section as made by an industrial process;

(b)

excluding from the operation of this section such articles of a primarily literary or artistic character as he thinks fit.

(4)

In this section

(a)

references to articles do not include films; and

(b)

references to the marketing of an article are references to its being sold or let for hire or offered or exposed for sale or hire.

Exception Relating to Works in Electronic Form

72. (1) Where a work in electronic form has been purchased on terms which expressly or impliedly or by virtue of any rule of law, allow the purchaser to copy the work or to adapt it or to make copies of an adaptation in connection with his use of it, then, in the absence of any express terms

(2)

Any copy, adaptation or copy of an adaptation made by the purchaser which is not also transferred shall, after the transfer, be treated as an infringing copy for all purposes.

(3)

Subsections (1) and (2) apply where the original purchased copy is no longer usable and what is transferred is a further copy used in its place.

(4) This section applies also on a subsequent transfer.

Miscellaneous Exceptions Relating to Literary,
Dramatic, Musical and Artistic Works

73. (1) Where by virtue of an assignment or licence a person is authorised to broadcast or include in a cable programme service, a literary, dramatic, musical or artistic work or a film or sound recording from a place into Saint Vincent and the Grenadines but, apart from this subsection, would not be entitled to make copies of it, then, subject to the conditions specified in subsection (2), the authority contained in the assignment or licence shall be deemed to extend to making one copy only for the purposes, and subject to the conditions, in subsection (2).

(2)

Subsection (1) shall apply only if the following conditions are satisfied:

(a)

the copy shall not be used for making any further copies or for any other purpose except either for broadcasting or inclusion in a cable programme service in accordance with the assignment or licence, or for archival purposes; and

(b)

the copy, unless kept for archival purposes, shall be destroyed before the end of the period of ninety days beginning with the day on which it is first used for broadcasting or included in a cable programme service in pursuance of the assignment or licence, or such extended period as may be agreed between the person who made the copy and the person who in relation to the making of copies of the description in question is the owner of the copyright.

(3)

A copy made in accordance with subsection (1) shall be treated as an infringing copy;

(a)

for the purposes of any use in breach of condition (a), and of subsection (2); and

(b)

for all purposes after that condition or condition (b) of subsection (2) has been broken.

(4)

Where records of a literary, dramatic or musical work have with the licence of the owner of the copyright in the work, been previously made or imported into Saint Vincent and the Grenadines, for the purposes of retail sale, then, any person may after the expiry of the period of four months immediately following the date of the first authorised manufacture in, or importation into, Saint Vincent and the Grenadines of such records, and without first obtaining a licence from the owner of the copyright in the work, make or authorise the making of records of it.

(5) Subsection (4) shall only apply where

(a)

the person intends to sell the records by retail, or to supply them for the purposes of being sold by retail by another person, or intends to use them for making other records which are to be so sold or supplied;

(b)

the person pays royalties calculated at the prescribed rates;

(c)

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

(d)

the person who makes or authorises the making of records pursuant to this subsection shall not make or authorise the making of any alterations in, or omissions from the work, unless records of that work containing similar alterations and omissions have been previously made by, or with the licence of, 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.

(5)

Where a literary, dramatic, musical or artistic work or film or sound recording is broadcast from a place within Saint Vincent and the Grenadines or another country with the licence of the copyright owner, any person may, without obtaining the licence of the copyright owner incorporate by means of the reception of the broadcast, the work in a cable programme service:

Provided that,

and for the purposes of this subsection, an alteration to a programme includes the addition thereto of new material not contained in the programme as broadcast, or the omission from the transmission of any material contained in the programme as broadcast; and the term “material” includes a commercial advertisement.

74. (1) The reading or recitation in public of any reasonable extract from a published literary or dramatic work is not an infringement of copyright in the work, if accompanied by a sufficient acknowledgement.

(2) Copyright in a work is not infringed by the making of a sound recording, or the broadcasting or inclusion in a cable programme service of a reading or recitation which, by virtue of subsection (1), does not infringe copyright in the work, if the recording, broadcast or cable programme consists mainly of material in relation to which it is not necessary to rely on that subsection.

75.	(1)	This section applies to
		(a)	buildings;
		(b)	sculptures, models of buildings and works
		of artistic craftsmanship, if permanently
		situated in a public place or in premises
		open to the public.
	(2)	The copyright in such a work is not infringed by
		(a)	making a graphic work representing it;
		(b)	making a photograph or film of it; or
		(c)	broadcasting	or	including	in	a	cable
		programme service a visual image of it.
	(3)	The copyright in such a work is not infringed by

the issue to the public of copies, or the broadcasting or inclusion in a cable programme service, of anything whose making was, by virtue of this section, not an infringement of copyright.

76. Anything done for the purposes of reconstructing a building does not infringe any copyright in the building or in any drawings or plans in accordance with which the building was, by or with the licence of the copyright owner, constructed.

77. Where the author of an artistic work is not the copyright owner, he does not infringe the copyright in the work by copying it in making another artistic work, provided he does not repeat or imitate the main design of the earlier work.

Miscellaneous Exceptions Respecting Broadcasts

1. Copyright is not infringed by the making or use by a licensed broadcasting organisation or entity for the purpose of maintaining supervision and control over programmes, of recordings of those programmes.
2. The making for private and domestic use of a recording of a broadcast or cable programme solely for the purpose of enabling it to be viewed or listened to at a more convenient time does not infringe any copyright in the broadcast or cable programme or in any work included in it.
3. (1) A designated body may, for the purpose of providing people who are deaf or hard of hearing, or physically or mentally handicapped in other ways, copies which are sub-titled or otherwise modified for their special needs, make copies of television broadcasts or cable programmes and issue copies to the public, without infringing any copyright in the broadcasts or cable programmes or works included in them.

(2) For the purposes of this section, “designated body” means a body designated for the purposes of this section by order of the Minister, except that the Minister shall not designate a body unless he is satisfied that it is not established or conducted for profit.

81. An act which by virtue of this Part may be done without infringing copyright in a literary, dramatic or musical work does not where that work is an adaptation, infringe any copyright in the work from which the adaptation was made.

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

(2) The Minister shall not make an order under subsection (1) unless he is satisfied that the acts specified in the order in relation to the work

(3) An order made under subsection (1) may:

(4) No order may be made under this section unless the Minister is satisfied

PART VII – COPYRIGHT LICENSING

Definitions 83. (1) For the purposes of this Part;

(2) References in this Part to licencers or licensing schemes covering works of more than one author do not include licences or schemes covering only

Licensing 84. The provisions of sections 83 to 90 apply to licensing schemes to

schemes of the following descriptions:

(a) licensing schemes operated by licensing bodies in relation to the copyright in literary, dramatic, musical or artistic works or films, or film sound-tracks when accompanying a film, which cover works of more than one author, so far as they relate to licences for

(ii)			performing, playing or showing the work
in public; or
(iii)				broadcasting the work or including it in a
cable programme service;
(b)		licensing schemes in relation to the copyright in
		sound recordings other than film sound-tracks
		when accompanying a film, broadcasts or cable
		programmes or the typographical arrangement of
		published editions; and
(c)		licensing schemes in relation to the copyright in
		sound recordings, films or computer programmes
		so far as they relate to licences for the rental of
		copies to the public.
85.	(1)	The terms of a licensing scheme which a licensing

body proposes to operate may be referred to the Court by an organisation claiming to be representative of persons who require licences in cases of a description to which the scheme would apply, either generally or in relation to any description of case.

(2)

The Court shall first decide whether to entertain the reference and decline to do so on the ground that the reference is premature.

(3)

If the Court decides to entertain the reference it shall consider the matter referred and make such order, confirming or varying the proposed scheme, either generally or so far as it relates to cases of the description to which the reference relates, as the Court may determine to be reasonable in the circumstances.

(4)

An order may be made under subsection (3) so as to be in force indefinitely or for such period as the Court may determine.

86. (1) If during the operation of a licensing scheme a dispute arises between the licensing body and

that person or organisation may refer the scheme to the Court in so far as it relates to cases of that description.

(2)

A scheme which has been referred to the Court under this section shall remain in operation until proceedings on the reference are concluded.

(3)

The Court shall consider the matter in dispute and make such order, either confirming or varying the scheme so far only as it relates to cases of the description to which the reference relates, as the Court may determine to be reasonable in the circumstances.

Further 87. (1) Where the Court has on a previous reference of a reference to

licensing scheme under section 85 or 86, or under this section, made an

order with respect to the scheme then, while the order remains in force

may refer the scheme again to the Court so as it relates to cases of that description.

(2)

A licensing scheme shall not, except with the special leave of the Court be referred to again in respect of the same description of cases

(a)

within twelve months from the date of the order on the previous reference; or

(b)

if the order was made so as to be in force for fifteen months or less, until the last three months before the expiry of the order.

(3)

A scheme which has been referred to the Court under this section shall remain in operation until proceedings on the

reference are concluded.

(4)

The Court shall consider the matter in dispute and make such order, either confirming, varying or further varying the scheme so far only as it relates to cases of the description to which the reference relates, as the Court may determine to be reasonable in the circumstances.

(5)

The order may be made so as to be in force indefinitely or for such period as the Court may determine.

88. (1) A person who claims, in a case covered by a licensing scheme, that the operator of the scheme has refused to grant him or procure the grant to him of a licence in accordance with the scheme, or has failed to do so within a reasonable time after being asked, may apply to the Court for redress.

(2) A person who claims, in a case excluded from a licensing scheme, that the operator of the scheme either

may apply to the Court.

(3) A case shall be regarded as excluded from a licensing scheme for the purposes of subsection (2) if

(4)

If the Court is satisfied that the claim is well-founded, it shall make an order declaring that, in respect of the matters specified in the order, the applicant is entitled to a scheme on such terms as the Court may determine to be applicable in accordance with the scheme or, as the case may be to be reasonable in the circumstances.

(5)

The order may be made so as to be in force indefinitely or for such period as the Court may determine.

89. (1) Where the Court has made an order under section 86 that a person is entitled to a licence under a licensing scheme, the licensing body or the original applicant may apply to the Court to review its order.

(2)

An application shall not be made, except with the special leave of the Court

(a)

within twelve months from the date of the order or of the decision on a previous application under this section; or

(b)

if the order was made so as to be in force for fifteen months or less, or, as a result of the decision on a previous application under this section is due to expire within fifteen months of that decision, until the last three months before the expiry date.

(3)

The Court shall on an application for review confirm or vary its order as it may determine to be reasonable having regard to the terms applicable in accordance with the licensing scheme or, as the case may be, the circumstances of the case.

90. (1) A licensing scheme which has been confirmed or varied by the Court under section 85 or 86 shall be in force, or as the case may be, remain in operation so far as it relates to the description of the case in respect of which the order is made, so long as the order remains in force.

(2) While the order is in force a person who in a case of a class to which the order applies,

shall be in the same position as regards infringement of copyright as if he had at all material times been the holder of a licence granted by the owner of the copyright in question in accordance with the scheme.

(3)

The Court may direct that the order, so far as it varies the amount of charges payable, shall have effect from a date before that on which it is made, not being a date earlier than the date on which the reference was made or, where the scheme came into operation but no such direction shall be made where subsection (1) applies.

(4) If a direction is made under subsection (3);

(a)

any necessary repayments, or further payments, shall be made in respect of charges already paid; and

(b)

the reference in subsection (2) (a) to the charges payable under the scheme shall be construed as a reference to the charges so payable by virtue of the order.

(5)

Where the Court has made an order under section 88 and the order remains in force, the person in whose favour the order is made shall, if he

(a)

pays to the licensing body any charges payable in accordance with the order or, if the amount cannot be ascertained, gives an undertaking to pay the charges when ascertained; and

(b)

complies with the other terms specified in the order,

be in the same position as regards infringement of copyright as if he had at all material times been the holder of a licence granted by the owner of the copyright in question on the terms specified in the order.

References And Application With Respect To Individual
Licensing By Licensing Bodies

91. Sections 91 to 95 apply to the following descriptions of licence granted by a licensing body otherwise than in pursuance of a licensing scheme:

(a)

licences relating to the copyright in literary, dramatic, musical or artistic works or films or film sound-tracks when accompanying a film, which cover works of more than one author, so far as they authorise

(i)

copying the works;

(ii)

performing, playing or showing the work in public; or

(iii) broadcasting the works or including it in a cable programme service;

(b)

any licence relating to the copyright in a sound recording other than a film sound-track when accompanying a film, broadcast or cable programme, or the typographical arrangement of a published edition; and

(c)

any licence relating to the copyright in sound recordings, film or computer programme so far as they relate to the rental of copies to the public

and for the purpose of these sections “a licence” means a licence of any of those descriptions.

92. (1) The terms on which a licensing body proposes to grant a licence may be referred to the Court by the prospective licensee.

(2)

The Court shall first decide whether to entertain the reference, and may decline to do so on the ground that the reference is premature.

(3)

If the Court decides to hear the reference it shall consider the terms of the proposed licence and make such order, either confirming or varying the terms, as it may determine to be reasonable in the circumstances.

(4)

The order may be made so as to be in force indefinitely or for such period as the Court may determine.

Reference to 93. (1) A licensee under a licence which is due to expire, Court of

by effluxion of time or as a result of notice given by the licensing body,

by effluxion of time or as a result of notice given by the licensing body, may apply to the Court on the ground that it is unreasonable in the circumstances that the licence should cease to be in force.

(2)

Such an application may not be made until three months before the licence is due to expire.

(3)

A licence in respect of which a reference has been made to the Court shall remain in operation until proceedings on the reference are concluded.

(4)

If the Court finds the application well-founded, it shall make an order declaring that the licensee shall continue to be entitled to the benefit of the licence on such terms as the Court may determine to be reasonable in the circumstances.

(5)

An order of the Court under this section may be made so as to be in force indefinitely or for such period as the Court may determine.

94. (1) Where the Court has made an order under section 92 or 93, the licensing body or the person entitled to the benefit of the order may apply to the Court to review its order.

(2)

An application shall not be made, except with the special leave of the Court

(a)

within twelve months from the date of the order or of the decision on previous application under this section; or

(b)

if the order was made so as to be in force for fifteen months or less, or as a result of the decision on a previous application under this section is due to expire within fifteen months to that decision, until the last three months before the expiry date.

(3)

The Court shall on an application for review confirm or vary its order as the Court may determine to be reasonable in the circumstances.

95. (1) Where the Court has made an order under section 92 or 93 and the order remains in force, the person entitled to the benefit of the order shall, if he

be in the same position as regards infringement of copyright as if he had at all material times been the holder of a licence granted by the owner of the copyright in question on the terms specified in the order.

(2) The benefit of the order may be assigned

(3) The Court may direct that an order under section 92 or 93, or an order under section 94 varying such an order, so far as it varies the amount of charges payable, has effect from a date before that on which it is made, but not earlier than the date on which the reference or application was made or, if later, on which the licence was granted or, as the case may be, was due to expire.

(4) If such a direction is made,

Factors to be taken into account in certain classes of case

General 96. In determining what is reasonable on a reference or consideration

application under this Part relating to a licensing scheme or licence, the

application under this Part relating to a licensing scheme or licence, the Court shall have regard to

(a)

the availability of other schemes, or the granting of other licences, to other persons in similar circumstances; and

(b)

the terms of those schemes or licences,

and shall exercise its powers so as to secure that there is no unreasonable discrimination between licences, or prospective licensees, under the scheme or licence to which the reference or application relates and licensees under other schemes operated by, or other licences granted by, the same person.

97. Where a reference or application is made to the Court under this Part relating to the licensing of reprographic copying of published literary, dramatic, musical or artistic works, or the typographical arrangement of published editions, the Court shall have regard to

(a)

the extent to which published editions of the works in question are otherwise available;

(b)

the proportion of the work to be copied; and

(c)		the nature of the use to which the copies are likely
		to be put.
98.	(1)	This section applies to references or applications

under this Part relating to licences for the recording by or on behalf of educational establishments of broadcasts or cable programmes which include copyright works, or the making of copies of such recordings, for educational purposes.

(2) Where an application is made to the Court under section 97, the Court shall, in considering what charges if any, should be paid for a licence, have regard to the extent to which the owners of copyright in the works included in the broadcast or cable programme have already received, or are entitled to receive, payment in respect of their inclusion.

99. (1) This section applies to references or applications under this Part in respect of licences relating to sound recordings, films, broadcasts or cable programmes which include, or are to include, any entertainment or other event.

entertainment or other event.

(2)

The Court shall have regard to any conditions imposed by the promoters of the entertainment of other event; and, in particular, the Court shall not hold a refusal or failure to grant a licence to be unreasonable if it could not have been granted consistently with those conditions.

(3)

Nothing in this section shall require the Court to have regard to any such conditions in so far as they

(a)

purport to regulate the charges to be imposed in respect of the grant of licences; or

(b)

relate to payments to be made to the promoters of any event in consideration of the grant of facilities for making the recording, film, broadcast or cable programme.

100. (1) In considering what charges should be paid for a licence on a reference or application under this Part relating to licences for the rental to the public of copies of sound recordings, films, or computer programmes, the Court shall take into account any reasonable payments which the owner of the copyright in the sound recording, film or computer program is liable to make in consequence of granting of the licence, or of the acts authorised by the licence, to owners of copyright in works included in that work.

(2) On any reference or application under this Part relating to licensing in respect of the copyright in sound recordings, films, broadcasts or cable programmes, the Court shall take into account, in considering what charges should be paid for a licence, any reasonable payments which the copyright owner is liable to make in consequence of the granting of the licence, or of the acts authorised by the licence, in respect of any performance included in the recording, film, broadcast or cable programme.

101. The mention in sections 96 to 99 of the specific matters to which the Court is to have regard in certain classes of cases does not affect the Court’s general obligation in any case to have regard to all relevant considerations.

Protection and conferment of rights in performances

(a)

performers who are nationals of Saint Vincent and the Grenadines; and

(b)

performers who are not nationals of Saint Vincent and the Grenadines but whose performances

(i)

take place on the territory of Saint Vincent and the Grenadines; or

(ii)

are incorporated in sound recordings that are protected under this Act.

Consent required for recording or live transmission of performance

Consent and royalty required for adaptation of recording

otherwise than under this Part.

Performer’s Rights

(a)

makes, otherwise than for his private and domestic use, a recording of whole or any substantial part of a qualifying performance; or

(b)

broadcasts live, or includes live in a cable programme service a recording of, the whole or any substantial part of a qualifying performance.

(c)

infringes his right of distribution or right of making available to the public a fixed performance by wire or wireless means.

(a) imports into Saint Vincent and the

a recording of a qualifying performance which is, and which that person knows or has reason to believe is, an illicit recording.

(2)

Where in an action for infringement of a performer’s rights brought by virtue of this section a defendant shows that the illicit recording was innocently acquired by him or a predecessor in title of his, the only remedy in damages available against him in respect of the infringement is damages not exceeding a reasonable payment in respect of the act complained of.

(3)

For the purposes of subsection (2) “innocently acquired” means that the person acquiring the recording did not know and had no reason to believe that it was an illicit recording.

Performers 106 (1) A performer shall have as regards his live oral moral rights

performances and performances fixed on a phonogram

(2) The provisions of sections 17 (1) and 18 shall apply mutatis mutandis.

Rights of Person Having Recording Rights

Consent 107. (1) A person infringes the rights of a person having required of

recording rights in relation to a performance who, without his consent or

that of the performer, makes a recording of the whole or any substantial

part of the performance, otherwise than for his private and domestic use.

(2) In an action for infringement of those rights brought by virtue of this section damages shall not be awarded against a defendant who shows that at the time of the infringement he believed on reasonable grounds that consent had been given.

108. (1) A person infringes the rights of a person having recording rights in relation to a performance who, without his consent or, in the case of a qualifying performance, that of the performer

(2) Reference in subsection (1) to “the appropriate consent” is to the consent of

109. (1) A person infringes the rights of a person having recording rights in relation to a performance, who, without his consent or, in the case of a qualifying performance, without the consent of the performer,

a recording of the performance which is, and which that person knows or has reason to believe is, an illicit recording.

(2)

Where in an action for infringement of those rights brought by virtue of this section a defendant shows that the illicit recording was innocently acquired by him or a predecessor in title of his, the only remedy available against him in respect of the infringement is an amount not exceeding a reasonable payment in respect of the act complained of.

(3)

For the purposes of subsection (2) “innocently acquired” means that the person acquiring the recording did not know and had no reason to believe that it was an illicit recording.

110. Fair dealing with a performance or recording;

(a)

for the purpose of criticism or review of that or another performance or recording, or of a work; or

(b)

for the purpose of reporting current events,

does not infringe any of the rights conferred by this Part, and the provisions of section 57 shall, with the necessary modifications, apply in determining whether or not an act constitutes fair dealing.

111. (1) The rights conferred by this Part are not infringed by the copying of a recording of a performance in the course of instruction, or of preparation for instruction, in the making of films or film sound-tracks, provided the copying is done by a person giving or receiving instruction.

(2) The rights conferred by this Part are not infringed

(3) Where a recording which would otherwise be an illicit recording is made in accordance with this section but is subsequently dealt with, it shall be treated as an illicit recording for the purpose of that dealing.

(4) For the purposes of subsection (3) and section 112

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

112. (1) A recording of a broadcast or cable programme, or a copy of such a recording, may be made by or on behalf of an educational institution for the educational purposes of that establishment without thereby infringing any of the rights conferred by this Part in relation to any performance or recording included in it.

(2) Where a recording which would otherwise be an illicit recording is made in accordance with this section but is subsequently dealt with under section 111 (4) it shall be treated as an illicit recording for the purposes of that dealing.

113. The rights conferred by this Part are not infringed by anything done for the purpose of

(a)		parliamentary	or	judicial	proceedings	or	the
		reporting of those proceedings; or
(b)		the proceedings of a statutory inquiry or the
		reporting of those proceedings held in public.
114.	(1)	Where a recording of a performance in electronic

form has been purchased on terms which, expressly or impliedly or by virtue of any rule of law, allows the purchaser to make further recordings in connection with his use of the recording, then, in the absence of any express terms

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

(2)

Subsection (1) applies where the original purchased recording is no longer usable and what is transferred is a further copy used in its place.

(3)

This section does not apply in relation to a recording purchased before the commencement of this Act.

115. (1) Where a recording of the reading or recitation of a literary work is made for the purpose of

it is not an infringement of the rights conferred by this Part to use the recording, or to copy the recording and use the copy for that purpose, provided the conditions specified in subsection (2) are met.

(2) The conditions referred to in subsection (1) are that

Playing sound 116. (1) It is not an infringement of any right conferred by recording for

this Part to play a sound recording as part of the activities of, or for the

benefit of a club, society or other organisation if

Incidental 117. (1) Subject to subsection (2), a person who proposes recording for

to broadcast a recording of a performance, or to include a recording of a

performance in a cable programme service, in circumstances not

infringing the rights conferred by this Part, shall be treated as having

cable programme consent for the purposes of this Part for the making of a further recording for the purposes of the broadcast or cable programme.

(2)

The consent given under subsection (1) is subject to the condition that

(a)

the further recording shall not be used for any other purposes; and

(b)

such recording shall be destroyed within twenty-eight days of being first used for broadcasting the performance or including it in a cable programme service.

(3)

A recording made in accordance with this paragraph shall be treated as an illicit recording

(a)

for the purposes of any use in breach of the condition mentioned in paragraph (a) of subsection (2); and

(b)

for all purposes after that condition or the condition mentioned in paragraph (a) of subsection (2) is breached.

Recordings for 118. The rights conferred by this Part are not infringed by the supervision and

making or use by a prescribed broadcasting organisation for the purpose

of maintaining supervision and control over programmes broadcast by

that organisation, of recordings of those programmes.

Order 119. (1) Subject to the provisions of this section, the excepting acts

Minister may, by order, provide that the rights conferred by this Part are

not infringed by the doing of such acts in relation to the performance as

are specified in the order, where such acts are done in the circumstances

(2) An order made under subsection (1) may

(3) No order may be made under this section unless the Minister is satisfied

Court may 120. (1) Subject to the provisions of this section, the Court consent on

may, on the application of a person who wishes to make a recording

from a previous recording of a performance, give consent in a case

(2) Consent given by the Court has effect as consent of the performer for the purpose of

and may be given subject to such conditions as the Court may specify in the order.

(3) The Court shall not give consent under paragraph

(a)

of subsection (1) except after the service or publication of such notices as may be required by regulations or as the Court may in any particular case direct.

(4) The Court shall not give consent under paragraph

(b)

of subsection (1) unless it is satisfied that the performer’s reasons for withholding consent do not include the protection of any legitimate interest of his, but it shall be for the performer to show what his reasons are for with-holding consent, and in default of evidence as to his reasons the Court may draw such inferences as it thinks fit.

(5)

In any case the Court shall take into account the following factors

(a)

whether the original recording was made with the performer’s consent and is lawfully in the possession or control of the person proposing to make the further recording;

(b)

whether the making of the further recording is consistent with the obligations of the parties to the arrangements under which, or is otherwise consistent with the purposes for which, the original recording was made.

(6) Where the Court gives consent under this section it shall, in default of agreement between the applicant and the performer, make such order as it thinks fit as to the payment to be made to the performer in consideration of consent being given.

Duration and Transmission of Rights in
Performances; Consent

1. The rights conferred by this Part shall continue to subsist until the expiry of seventy five years from the end of the calendar year in which the performance takes place.
2. (1) The rights conferred by this Part are not assignable or transmissible, except to the extent that performers’ rights are transmissible as provided in this section.

(2)

On the death of a person entitled to performer’s rights,

(a)

the rights pass to such person as he may by testamentary disposition specifically direct; and

(b)

if there is no such direction, the rights are exercisable by his personal representative, and references in this Part to the performer, in the context of the person having performer’s rights, shall be construed as references to the person for the time being entitled to exercise those rights.

(3)

Where by virtue of paragraph (a) of subsection (2) a right becomes exercisable by more than one person, it is exercisable by each of them independently of the other or others.

(4)

Subsections (1), (2) and (3) are without prejudice to any rights conferred by this Act on a person to whom the benefit of a contract or licence is assigned.

(5)

Any damages recovered by personal representatives by virtue of this section in respect of an infringement after a person’s death shall devolve as part of his estate as if the right of action had subsisted and been vested in him immediately before his

123. (1) Consent for the purposes of this Part may be given in relation to a specific performance, a specified description of performances, or performances generally, and may relate to past or future performances.

(2)

A person having recording rights in a performance is bound by any prior consent given by a person through whom he derives his rights under the exclusive recording contract or licence in question, in the same way as if the consent had been given by him.

(3)

Where a right conferred by this Part passes to another person, any consent binding on the person previously entitled binds the person to whom the right passes in the same way as if the consent had been given by him.

Remedies for Infringement of Rights in Performances

1. An infringement of any of the rights conferred by this Part is actionable by the person entitled to the right as a breach of statutory duty.
2. (1) Where a person has in his possession, custody or control in the course of a business an illicit recording of a performance, a person having performer’s rights or recording rights under this Part in relation to the performance may apply to the Court for an order that the recording be delivered up to him or to such other person as the Court may direct.

(2)

An application shall not be made after the end of the period specified in section 135, and no order shall be made unless the Court also makes, or it appears to the Court that there are grounds for making, an order under section 134.

(3)

A person to whom a recording is delivered up in pursuance of an order under this section shall, if an order under section 135 is not made, retain it pending the making of an order, or the decision not to make an order under that section.

(4)		Nothing in this section affects any other power of
the Court.
126.	(1)	Subject to any decision of the Court under section

134 and the conditions specified in subsections (2), (3) and (4), an illicit

recordings 134 and the conditions specified in subsections (2), (3) and (4), an illicit recording of a performance which is found exposed or otherwise immediately available for sale or hire and in respect of which a person would be entitled to apply for an order under section 134 may be seized and detained by him or a person authorised by him.

(2)

Before anything is seized under this section written notice of the time and place of the proposed seizure must be given to a local police station.

(3)

At the time when anything is seized under this section there shall be left at the place where it was seized a notice in the prescribed form containing the prescribed particulars as to the person by whom or on whose authority the seizure is made and the grounds on which it is made.

(2)

A person who causes a recording of a performance made without sufficient consent

(4)			For the purposes of this section “premises”
includes land, buildings, fixed or moveable structures, vehicles, vessels
and aircraft.
Offences In Relation to Performances
Criminal liability for	127.	(1)	A person who without sufficient consent
making illicit recordings	(a)			makes for sale or hire;
	(b)			imports		into	Saint	Vincent	and	the
	Grenadines otherwise than for his private
	and domestic use;
	(c)			possesses in the course of a business with a
	view to doing any act infringing the rights
	conferred by this Part; or
	(d)			in the course of a business,
	(i)				sells or lets for hire; or
	(ii)				offers or exposes for sale or hire; or
	(iii)				distributes,
	a recording which is, and which he knows or has reason to believe is, an
	illicit recording, commits an offence.

(a)	to be shown or played in public; or
(b)	to be broadcast or included in a cable
	programme service,

thereby infringing any of the rights conferred by this Part, if he knows or ought to have known that those rights are thereby infringed, commits an offence.

(3)

For the purposes of subsections (1) and (2) “sufficient consent” means

(a)

in the case of a qualifying performance, the consent of the performer; and

(b)

in the case of a non-qualifying performance subject to an exclusive recording contract

(i)

for the purpose of paragraph (a) of subsection (1), the consent of the performer or the person having recording rights; and

(ii)

for the purposes of paragraphs (a) and (b) of subsection (2), the consent of the person having recording rights.

(4)

References in this section to “the person having recording rights” are to the person having those rights at the time the consent is given or, if there is more than one such person, to all of them.

(5) No offence is committed under subsection (1) or

(2)

by the doing of an act which, by virtue of any provision of this Part, may be done without infringing the rights conferred by this Part.

(6)

A person guilty of an offence under subsection (1) or (2) shall be liable

(7) A person guilty of any other offence under this section is liable on summary conviction to a fine not exceeding one thousand dollars or to imprisonment for a term not exceeding six months or to both fine and imprisonment.

128. (1) The Court before which proceedings are brought against a person for an offence under section 127 may, if satisfied that at the time of his arrest or charge he had in his possession, custody or control in the course of a business an illicit recording of a performance, order that it be delivered up to a person having performer’s rights or recording rights in relation to the performance or to such other person as the Court may direct.

(2)

An order may be made by the Court of its own motion or on the application of the prosecution and may be made whether or not the person is convicted of the offence, but shall not be made

(a)

after the end of the period specified in section 135; or

(b)

if it appears to the Court unlikely that any order will be made under section 134.

(3)

An appeal lies to the Court of Appeal from an order made under this section.

(4)

A person to whom an illicit recording is delivered up in pursuance of an order under this section shall retain it pending the making of an order, or the decision not to make an order, under section 135.

PART X – COLLECTIVE SOCIETIES

129. (1) No person or association of persons shall, after the coming into force of this Act, commence or carry on the business of issuing or granting licences in respect of any work in which copyright or related rights subsists or in respect of any other rights conferred by this Act except in accordance with the registration granted under subsection (3).

(2) Notwithstanding subsection (1)

(3)

Any association of persons who fulfill the conditions as may be prescribed may apply for permission to do the business specified in subsection (1) to the Registrar.

(4)

The Registrar may, having regard to the interests of authors and other owners of rights under this Act, the interest and convenience of the public and ability and professional competence of the applicants, register such association of persons as a collective society subject to such conditions as may be prescribed.

(5)

The Registrar shall not ordinarily register more than one Collective Society to do business in respect of the same class of works.

(6)

The Registrar may, if he is satisfied that a collective society is being managed in a manner detrimental to the interest of the owners of rights concerned, cancel the registration of the society after such inquiry as may be prescribed.

(7)

If the Registrar is of the opinion that in the interest of the owners of rights concerned, it is necessary so to do, he may, by

order, suspend the registration of a society pending inquiry for a period not exceeding one year as may be specified in the order and the Registrar shall appoint an administrator to discharge the functions of the collective society.

(8)

In the exercise of his functions under this section the Registrar shall act after consultation with the Minister.

Administration 130. (1) Subject to such conditions as may be prescribed of rights by collective

(2) A collective society shall be competent

(3) Subject to such conditions as may be prescribed, a copyright society may

Control over 131. (1) A collective society shall be subject to the control the copyright

of the owners of rights whose rights it administers, not being owners of

rights administered by a foreign society or organisation, and shall, in

such manner as may be prescribed

(2) All fees distributed among the owners of rights shall as far as may be, be distributed in proportion to the actual use of their works.

Submission of 132. (1) A collective society shall submit to the Registrar returns and

such returns as may be prescribed.

(2) The Registrar may call for any report or records of a collective society for the purposes of satisfying himself that the fees collected by the society in respect of rights administered by it are being utilized or distributed in accordance with the provision of this Act.

Rights and 133. Nothing in this Part shall affect the rights or liabilities in liabilities of

any work in connection with a performing rights society which had

accrued or were accrued on or before the day prior to the commencement

rights societies accrued or were accrued on or before the day prior to the commencement of this Act on any legal proceedings in respect of any such rights or liabilities pending on that day.

Police Force

(a)

enter and search any premises or place;

(b)

stop, board and search any vessel other than a ship of war; or any aircraft other than a military aircraft; or

(c)

stop and search any vehicle

in which he reasonably suspects there is an infringing copy of a work or an illicit recording or any article used or intended to be used for making infringing copies or illicit recordings; and

(d) seize, remove or detain

(i) any article which appears to him to be an infringing copy or an illicit recording or any other article which appears to him to be intended for use for making such copies or recordings; and

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

(2) A police officer not below the rank of an Sargeant may

(a)

break open any outer or inner door of any place which he is authorised by this section to enter and search;

(b)

forcibly board any vessel, aircraft or vehicle which he is authorised under this Act to stop, board and search;

Restrictions on entry and search of premises

Obstruction of member of Police Force

(c)

remove by force any person or thing obstructing him in the exercise of any power conferred on him by this Act;

(d)

detain any person found in any place which he is authorised under this section to search until such place has been searched;

(e)

detain any vessel or aircraft which he is authorised under this section to stop, board and search, and prevent any person from approaching or boarding such vessel or aircraft until it has been searched;

(f)

detain any vehicle which he is empowered under this Act to stop and search until it has been searched.

139. (1) Pursuant to section 138, no premises shall be entered and searched by a police officer unless a magistrate has issued a warrant under subsection (2).

(2)

A Magistrate or Justice of the Peace may, if he is satisfied by information on oath that there is reasonable ground for suspecting that there is in any premises any article which may be seized, removed or detained under any provision of this Act, issue a warrant authorising a police officer not below the rank of Inspector to enter and search the premises, and such member may call upon any constable to assist him in entering and searching the premises.

(3)

A police officer not below the rank of Sargeant authorised under subsection (2) to enter and search any premises may call upon any police officer to assist him in entering and searching the premises.

(4)

Premises means any premises or a part thereof, used exclusively or mainly as a dwelling.

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

(a) willfully obstructs a member of the Police Force in the exercise of his powers or the performance of his duties under this Act;

Offences by body corporate

Power to make regulations

International organisations

(b)

willfully fails to comply with any requirement properly made to him by any such member; or

(c)

without reasonable excuse fails to give such member any other assistance which he may reasonably require to be given for the purpose of exercising his powers or performing his duties under this Act,

commits an offence and is liable on summary conviction to a fine not exceeding two thousand five hundred dollars or to imprisonment for a term not exceeding twelve months.

(2) Nothing in this section shall be construed as requiring any person to give any information which may incriminate him.

1. Where an offence under this Act committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to neglect on the part of, any director, manager, secretary or other similar officer of the body corporate or any person who was purporting to act in any such capacity, he, as well as the body corporate, is guilty of that offence and is liable to be prosecuted against and punished accordingly.
2. The Minister may make regulations prescribing such matters as are required or permitted by this Act to be prescribed or are necessary or desirable to be prescribed for giving effect to this Act.
3. (1) This section applies to international organisations as to which the Minister by order has declared that it is expedient that this section should apply.

(2) Where an original literary, dramatic, musical or artistic work is first published by or under the direction or control of an international organisation to which this section applies in any circumstance whereby copyright would not, except by virtue of this subsection, subsist in the work immediately after the first publication thereof, and

(a) the work is so published in pursuance of an agreement with the author which does not reserve to the author the copyright, if any, in the work; or

Act binds Crown

Regulations

Repeal Cap. 262

Savings

Transitional provisions

(b) the work was made in circumstances that, if it had been first published in Saint Vincent and the Grenadines, the

organisation would have been entitled to the copyright in the work,

then, copyright shall subsist in the work by virtue of this section and the organisation shall be first owner of that copyright.

(3)

Copyright of which an international organisation is first owner by virtue of this section shall subsist until the end of the period of fifty years from the end of the calendar year in which the work was made or such longer period as may be specified by the Minister, by order, for the purpose of complying with the international obligations of Saint Vincent and the Grenadines.

(4)

An organisation to which this section applies which otherwise has not, or at some material time otherwise has not, the legal capacities of a body corporate shall have, and shall be deemed at all material times to have had, the enforcing copyright, and in connection with all legal proceedings relating to copyright.

1. This Act binds the Crown save that nothing in this Act shall render the Crown liable to prosecution.
2. The Minister may make regulations prescribing such matters as are required or permitted by this Act to be prescribed or as are necessary or desirable to be prescribed for giving effect to this Act.

146. The Copyright Act, is repealed.

1. Nothing in this Act shall affect the operation of any rule of equity relating to a breach of trust or confidence.
1. (1) Where immediately prior to the appointed day copyright subsists in Saint Vincent and the Grenadines in any literary, dramatic, musical or artistic work by virtue of the Copyright Act, , 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
1. the duration of such copyright;
1. the acts comprised within the exclusive
2. rights attaching to such copyright; and
2. the effect upon the ownership of such copyright of any event or transaction

occurring or of any contract or agreement made on or after the appointed day,

shall be governed by this Act.

(2)

Where before the appointed day any person has incurred any expenditure or liability in connection with or in contemplation of the doing of an act in relation to a protected work or to a performance in respect to which rights are conferred by this Act, 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 or performance, are subsisting and valuable on the appointed day, unless the person who, by virtue of this Act, is the owner of the copyright or the person having rights in the performance, agrees to pay such compensation as, in default of agreement, may be fixed by the Court.

(3)

Where an act done before the appointed day was then an infringement of copyright but is not an infringement of copyright or rights in a performance under this Act, then, proceedings in respect of that act may be taken as if this Act had not been passed.

(4)

An act done before the appointed day shall not be an infringement of copyright or rights in a performance conferred by this Act if that act would not, but for the passing of this Act, have constituted an infringement.

(5)

Proceedings under this Act for infringement may be taken notwithstanding the alleged infringement occurred before the appointed day.

(6)

For the purposes of this section “appointed day” means the day appointed by the Governor–General pursuant to section 1.

Passed in the House of Assembly this 20^th day of February 2003.

NICOLE HERBERT Clerk of the House of Assembly (Ag.)