- Short Title and Commencement
- Amendment of Section 2
- Amendment of Section 8
- Substitution of Section 9
- Insertion of Part VII A
- Insertion of Section 110A
- Amendment of Section 111
- Insertion of Section 114A
- Insertion of Section 139A
- Repeal of Section 146
- Repeal of Section 148
Copyright (Amendment) Act 2000, No. 7 of 2000
Short Title and Commencement.............................................................1 Amendment of Section 2 .......................................................................1 Amendment of Section 8 .......................................................................2 Substitution of Section 9........................................................................2 Insertionof Part VII A...........................................................................3 Insertion of Section 110A......................................................................5 Amendment of Section 111....................................................................6 Insertion of Section 114A......................................................................6 Insertion of Section 139A......................................................................6 Repeal of Section 146............................................................................7 Repeal of Section 148............................................................................7
I Assent
[L.S.]
PEARLETTE LOUISY, Governor-General
27 March, 2000
An Act to amend the Copyright Act, 1995 to provide for the registration of collective societies, protect the moral rights of performers, extend the range of civil remedies and for related purposes.
[ On Order ]
BE IT ENACTED by the Queen’s Most Excellent Majesty, by and with the advice and consent of the House of Assembly and the Senate of Saint Lucia, and by the authority of the same as follows:
1.—(1) This Act may be cited as the Copyright (Amendment) Act, 2000.
(2) This Act shall come into effect on a date to be prescribed by the Minister by Order published in the Gazette.
2. Section 2 of the Copyright Act, 1995 (in this Act referred to as “the principal Act”) is amended by inserting, in their appropriate alphabetical position, the following definitions:
“communication to the public” is the transmission by wire or wireless means, of the images or sounds, or both, of a work, a performance or a sound recording in such a way that the images or sounds can be perceived by persons outside the normal circle of a family and its closest social acquaintances at a place or places so distant from the place where the transmission originates that, without the transmission, the images or sounds would not be perceivable and further, irrespective of whether the person can receive the images or sounds at the same place and time, or at different places or times.
“owner of rights” means a legal or natural person who owns the rights to a work;
“Registrar” means the Registrar of Companies and Intellectual Property.”.
3. Section 8 of the principal Act is amended by inserting the following new subsection:
“(9) The provisions of this Act shall also apply to works that are eligible for protection in Saint Lucia by virtue of and in accordance with any international convention or other international agreement to which Saint Lucia is party.”.
4. Section 9 of the principal Act is repealed and the following section is substituted:
“Nature of Copyright
9.—(1) Subject to the provisions of this Act, the owner of copyright shall have the exclusive right to do, authorize, or prohibit the following acts in relation to the work: 5. After Part VII of the principal Act the following part is inserted:
“Part VII A Collective Societies
Collective Societies to be Registered
109A.—(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)— (d) perform any other functions consistent with its rules and by-laws.
Control over the Copyright Society by the Owner of Rights
109C.—(1) A collective society shall be subject to the control 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 — Submission of Returns and Reports
109D.—(1) A collective society shall submit to the Registrar such returns as may be prescribed.
(2) The Registrar may call for any report or records of a collective society for the purpose of satisfying himself or herself that the fees collected by the society in respect of rights administered by it are being utilised or distributed in accordance with the provisions of this Act.
Rights and Liabilities of Performing Rights Societies
109E. Nothing in this Part shall affect the rights or liabilities in any work in connection with a performing rights society which had accrued or were incurred on or before the day prior to the commencement of this Act, or any legal proceedings in respect of any such rights or liabilities pending on that day.
Rules and Byelaws of Societies
109F. The rules and bye-laws of a collective society shall include the matters contained in the Schedule.”.
6. After section 110 of the principal Act the following section is inserted:
“Protection of Rights in Performance 110A.—(1) The provisions of this Act on the protection of performers shall apply to— (iii) have not been fixed in sound recording but are included in broadcasts qualifying for protection under this Act.
(2) The provision in this Act also apply to performers who are eligible for protection by virtue of and in accordance with any international convention or other international agreement to which Saint Lucia is party.”.
7. Section 111 of the principal Act is amended by inserting the following as paragraph
(c) to subsection (1):
“(c) infringes his or her right of distribution or right of making available to the public a fixed performance, by wire or wireless means.”.
8. After section 114 of the principal Act, the following section is inserted:
“Performers Moral Rights
114A.—(1) A performer shall have as regards his or her live oral performances and performances fixed in phonogram— Insertion of Section 139A
9. “General Civil Remedies
139A.—(1) The court shall have the authority— Repeal of Section 146
10. Repeal of Section 148
11. Speaker of the House of Assembly. Passed in the Senate this 7th day of March, 2000. HILFORD DETERVILLE,
President of the Senate. Short Title and Commencement
Amendment of Section 2
Amendment of Section 8
Substitution of Section 9
Insertion of Part VII A
Insertion of Section 110A
Amendment of Section 111
Insertion of Section 114A