- SAINT VINCENT AND THE GRENADINES COPYRIGHT ACT, 2003
- ARRANGEMENT OF SECTIONS
- PART I—PRELIMINARY
- PART II–COPYRIGHT
- PART III–MORAL RIGHTS AND RELATED RIGHTS
- Moral rights
- Right to be identified as author
- Right to object to derogatory treatment of work
- False attribution of work
- Right to privacy commissioned photographs and films
- Duration of moral rights and related rights
- Consent and waiver of rights
- Application of provisions to joint works
- Application of provisions to part of work
- PART IV–OWNERSHIP AND ASSIGNMENT OF RIGHTS
- PART V–INFRINGEMENT OF RIGHTS
- PART VI–EXCEPTIONS TO INFRINGEMENT OF COPYRIGHT
- Preliminary
- General Exceptions
- Use of Work for Educational Purposes
- Acts done for purposes of instruction or examination
- Anthologies for educational use
- Performing, playing or showing works in course of educational activities
- Recording of broadcast by educational establishments
- Restriction on reprographic copying from published works
- Subsequent dealing with authorised authorised
- Exceptions affecting Libraries and Archives
- Exceptions Relating to Public Administration
- Exception Relating to Works in Electronic Form
- Miscellaneous Exceptions Relating to Literary,Dramatic, Musical and Artistic Works
- Miscellaneous Exceptions Respecting Broadcasts
- Prescribed Exceptions
- PART VII–COPYRIGHT LICENSING
- Preliminary
- Definitions
- Licensing schemes to which sections 82-87 apply
- Reference of proposed licensing scheme to Court
- Reference of existing licensing scheme to Court
- Further reference to Court
- Application for grant of licence in connection with licensing scheme
- Application for review as to entitlement to licence
- Effect of order of Court as to licensing scheme
- References And Application With Respect To IndividualL icensing By Licensing Bodies
- Factors to be taken into account in certain classes of case
- General consideration unreasonable discrimination
- Licences for reprographic copying
- Licences for educational establishments in respect of works included in broadcasts or cable programmes
- Licences to reflect conditions imposed by promoters events
- Licences to reflect payments in respect of underlying rights
- Mention of the specific matters not to exclude relevant considerations
- Preliminary
- PART IX–RIGHTS IN PERFORMANCES
- Protection and conferment of rights in performances
- Performer’s Rights
- Rights of Person Having Recording Rights
- Exceptions to Infringement
- Fair dealing for criticism, etc
- Acts done to recording of performance for purposes of instruction
- Recording of broadcasting and cable programmes by educational establishment
- Acts done to performance or recording for Parliamentary proceedings
- Transfer of recording of performance in electronic form
- Use of for recordings of spoken words
- Playing sound recording for charitable purposes
- Incidental recording for purposes of broadcast or cable programme
- Recordings for supervision and control of programmes permitted
- Order excepting acts from infringing rights under this Part
- Court may consent on behalf of performer
- Duration and Transmission of Rights in Performances; Consent
- Remedies for Infringement of Rights in Performances
- Offences In Relation to Performances
- PART X–COLLECTIVE SOCIETIES
- PART XI–GENERAL
- Order for disposal of infringing copy or illicit recording
- Period after which delivery up not available
- General civil remedies
- Time limit for prosecution
- Powers of members of Police Force
- Restrictions on entry and search of premises
- Obstruction of member of Police Force
- Offences by body corporate
- Power to make regulations
- International organisations
- Act binds Crown
- Regulations
- Repeal Cap. 262
- Savings
- Transitional provisions
SAINT VINCENT AND THE GRENADINES
COPYRIGHT ACT, 2003
ARRANGEMENT OF SECTIONS
SECTION
PART I PRELIMINARY PART II – COPYRIGHT
PART IV – OWNERSHIP AND ASSIGNMENT OF RIGHTS
PART VI – EXCEPTIONS TO INFRINGEMENT OF COPYRIGHT
49. Definitions
61. Subsequent dealing with authorised copies
Exception Relating to Works in Electronic Form
72. Transfer of works in electronic form
82. Power of Minister to prescribe exceptions to infringement
PART V11 – COPYRIGHT LICENSING
Preliminary 102. Protection and conferment of rights in performances
109. Infringement of recording rights by importing, possessory, illict recording
SAINT VINCENT AND THE GRENADINES DR.FREDERICK BALLENTYNE [L.S.] Governor-General 6th November, 2003
AN ACT to make a comprehensive copyright law for Saint Vincent and the Grenadines, to afford better protection for literary, dramatic, musical, artistic and other works and creative products, to provide for the right of performers and others in performances and to repeal the Copyright Act Cap. 262 and provide for matters connected therewith or incidental hereto.
[By Proclamation]
BE IT ENACTED by the Queen’s Most Excellent Majesty by and with
the advice and consent of the House of Assembly of Saint Vincent and
the Grenadines and by the authority of the same as follows:
PART 1
PRELIMINARY
Short title and 1. (1) This Act may be cited as the Copyright Act 2003. commencement
(2) This Act shall come into force on a day to be appointed by the Governor General by order published in the Gazette, and different days may be appointed for different provisions and different purposes.
Interpretation 2. (1) In this Act
“adaptation” includes: “article” in the context of an article in a periodical, includes an item of any description;
“artistic work” means, “broadcasting” means a transmission of wireless telegraphy of visual images, sounds or other information which, “to broadcast” means to transmit by the emission of electromagnetic energy otherwise than over a path that is provided by a material substance, visual images or sounds, or other information, irrespective of the form in which the sounds, images or information are represented for reception by the public notwithstanding that; and “broadcasting” and “re-broadcasting” shall have corresponding meaning;
“building” includes a fixed structure of any kind and a part of a building or fixed structure;
“business” includes a trade or profession;
“cable programme service” means any item included in a cable programme service, and any reference in this Act “Comptroller” means the Comptroller of Customs and Excise;
“collective works” means, “computer generated work” means a work generated by a computer in circumstances such that the work has no human author;
“computer programme” means a set of instructions whether expressed in words or in a dramatic or other form, which is capable when incorporated in a machine readable medium, of causing an electronic or other device having information process capabilities to indicate, perform or to achieve a particular function, task or result;
“communication to the public” means 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 person 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 different places or times;
“copy” includes: and references to the “copying of a work of any description” shall be construed to include a reference to storing the work in any medium by electronic means;
“copyright” means copyright subsisting under Part II of this Act;
“Court” means High Court;
“country” includes any territory;
“distribution” means the distribution to the public, for commercial purposes, of copies of work by way of rental, lease, hire, loan or similar arrangement and distributing has a corresponding meaning;
“dramatic work” includes: “drawing” includes a diagram, map, chart or plan;
“educational institution” means any school, college or other educational body designated by the Minister by order either specifically or by reference to a class, for the purposes of this Act;
“engraving” includes an etching, lithograph, product of photogravure, woodcut, print or similar work, not being a photograph;
“exclusive licence” means a licence in writing signed by or on behalf of the owner of copyright in a work authorizing the licensee, to the exclusion of all other persons, including the person granting the licence, to exercise a right which would otherwise be exercisable exclusively by the owner of the copyright;
“exclusive recording contract” means a contract between a performer and another person under which that person is entitled, to the exclusion of all other persons, including the performer, to make recordings of one or more of his performances with a view to their being shown or played in public, sold, let for hire, or otherwise commercially exploited;
“film” means a recording of any medium from which a moving image may by any means be produced;
“future copyright” includes: “graphic work” includes: “illicit recording” means:
(a) or (b) of this definition;
“infringing copy” in relation to a protected work means, “manuscript” in relation to a work, means the original document embodying the work whether written by hand or not;
“Minister” means the Minister responsible for copyright;
“musical work” means a work consisting of music, exclusive of any words or action intended to be sung, spoken or performed with the music;
“owner of rights” means a legal or natural person who owns the rights to a work;
“performer” means any actor, singer, musician, dancer or other person who acts, sings, depicts, delivers, declaims, plays in or otherwise performs a literary, dramatic, musical or artistic work; and references to the performer in the context of the person having performer’s rights, shall be construed to include references to the person who, pursuant to any provision of this Act, is for the time being entitled to exercise those rights;
“performance” in relation to (iii) a reading or recitation of a literary work, which is, or to the extent that it is, a live programme given by one or more individuals;
“person having recording rights” in relation to a performance means a person who being a qualified person, “photograph” means a recording of light or other radiation on any medium on which an image is produced or from which an image may by any means be produced, and which is not part of a film;
“place of public entertainment” includes any premises which are from time to time made available for hire to such persons as may desire to hire them for purposes of public entertainment, and the premises that are occupied mainly for other purposes;
“prospective owner” has the meaning assigned to it in the definition of “future copyright”;
No. 8 of 1994
“protected work” is work of any category in which copyright subsists by virtue of this Act;
“published edition” in relation to copyright in the typographical arrangement of a published edition, means the published edition of the whole or any part of one or more literary, dramatic, musical or artistic works;
“qualified person” “qualifying performance” means a performance that “record” means any disc, tape, perforated roll or other device in which sounds are embodied so as to be capable of being reproduced therefrom irrespective of the form in which the sounds are represented, other than a sound track associated with a film, but includes in relation to a performance, a film incorporating the performance;
“recording” in relation to a performance means a film or sound recording
Protected Works
Duration of Copyright Protection
PART III – MORAL RIGHTS AND RELATED RIGHTS
Ownership of Copyright
PART V – INFRINGEMENT OF RIGHTS
Moral and Related Rights
Remedies for Infringement of Moral Rights and Related Rights
Presumptions
Offences
Supplementary
Preliminary
General Exceptions
Use of Work for Educational Purpose
Exceptions affecting Libraries and Archives
Exceptions Relating to Public Administration
Miscellaneous Exceptions Relating to Literary, Dramatic, Musical and ArtisticWorks
Miscellaneous Exceptions Respecting Broadcasts
Prescribed Exceptions
References And Application With Respect To Individual Licensing By Licensing
Bodies
Factors to be taken into account in certain classes of case
PART IX – RIGHTS IN PERFORMANCES
Performer’s Rights
Rights of Person Having Recording Rights
Exceptions to Infringement
Duration and Transmission of Rights in Performances; Consent
Remedies for Infringement of Rights in Performances
Offences in Relation to Performances
PART X – COLLECTIVE SOCIETIES
PART XI – GENERAL
ACT NO. 21 of 2003
I ASSENT
(f) any category however made and in whatever medium, that is transient or is incidental to some other use of the work