- TABLE OF CONTENTS
- PART IPRELIMINARY
- PART IICOPYRIGHT
- PART IIIMORAL RIGHTS AND RELATED RIGHTS
- PART IVOWNERSHIP AND ASSIGNMENT OF RIGHTS
- PART VINFRINGEMENT OF RIGHTS
- General Provisions
- Infringement of Copyright
- Remedies of Copyright Owner
- Remedies of Exclusive Licensee
- Infringement of Moral Rights and Related Rights
- Infringements of Right to be Identified as Author or Director
- Infringement of Right to Object to Derogatory Treatment of Work
- Infringement by Possession of Infringing Article
- Acts not Infringing Section 15
- False Attribution of Work: Infringement of Right
- Infringement of Privacy Right Respecting Photographs, etc.
- Effect of Consent and Waiver of Rights
- Remedies for Infringement of Moral Rights andRelated Rights
- Presumptions
- Offences
- Supplementary
- PART VIEXCEPTIONS TOINFRINGEMENT OF COPYRIGHT
- Preliminary
- General Exceptions
- Use of Work for Educational Purposes
- Exceptions Affecting Libraries and Archives
- Exceptions Relating to Public Administration
- Designs
- Exception Relating to Works in Electronic Form
- Miscellaneous Exceptions Relating to Literary,Dramatic, Musical and Artistic Works
- Miscellaneous Exceptions Relating to Sound Recordings, Films and Computer Programs
- Miscellaneous Exceptions Respecting Broadcastsand Cable Programmes
- Adaptations
- Prescribed Exceptions
- PART VIICOPYRIGHT LICENSING
- PART VIIITHE COPYRIGHT TRIBUNAL
- PART IXRIGHTS IN PERFORMANCES
- Performers’ Rights
- Rights of Person Having Recording Rights
- Exceptions to Infringement
- Permitted Acts in Relation to Performances
- Fair Dealing for Criticism, etc.
- Incidental Inclusion of Performance or Recording
- Acts Done to Recording or Performance for Purposes of Instruction, etc.
- Recording of Broadcasts andCable Programmes by Educational Establishments
- Acts Done to Performance or Recording for Parliamentary Proceedings, etc.
- Transfer of Recording of Performance in Electronic Form
- Use of Recordings of Spoken Words
- Playing Sound Recording as Part of Activities of Charitable Organization, etc.
- Incidental Recording for Purposes of Broadcast or Cable Programme
- Recordings for Supervision and Control of Programmes
- Recording of Broadcast or Cable Programme for Archival Purposes
- Order Excepting Acts from Infringing Right Under this Part
- Tribunal May Consent on Behalf of Performer
- Duration and Transmission of Rights in Performances; Consent
- Remedies for Infringement of Rightsin Performances
- Offences
- PART XGENERAL
-
- Order for Disposal of Infringing Copy or Illicit Recording
- Period after which Remedy or Delivery up not Available
- Time Limited for Prosecution
- Powers of Members of Constabulary Force
- Restrictions on the Entry and Search of Domestic Premises
- Obstruction of Members of Constabulary Force
- Offences by Bodies Corporate
- Power to Apply Provisions of Act to Other Country
- Denial of Copyright or Rights in Performances
- International Organizations
- Territorial Waters and Exclusive Economic Zone
- Act Applies to Jamaican Ships, Aircraft
- Act Binds Crown
- Regulations
- Savings
- Transitional
- Schedule
- Constitution of the Tribunal
- Appointment of Members
- Resignations
- Revocation of Appointments
- Proceedings of Tribunal
- Power to Award Costs
- Officers and Employees
- Remuneration of Members
- Expenses
- Publication of Membership
- Protection of Tribunal
- Disclosure of Interest
- Protection of Members of Tribunal
- Members not Public Officers
-
The Copyright Act Act 5 of 1993
TABLE OF CONTENTS
Section
Part I: Preliminary Short Title ..................................................................... 1 Interpretation................................................................. 2 Publication .................................................................... 3 Lawful Reception of Broadcast..................................... 4 Part II: Copyright Protected Works Requirements for Protection ......................................... 5 Category of Eligible Works........................................... 6 Qualification for Protection: Author ............................ 7 Qualification for Protection: Place of Publication, etc. 8 Nature of Copyright Protection: Economic and Moral Rights............................................................................ 9 Duration of Copyright Protection Duration of Copyright in Literary, etc. Works .............. 10 Duration of Copyright in Sound Recordings and Films 11 Duration of Copyright in Broadcasts and Cable Programmes .................................................................. 12 Duration of Copyright in Typographical Arrangement of Editions..................................................................... 13 Part III: Moral Rights and Related Rights Identification with Work Right to be Identified as Author, etc. ............................ 14 Objection to Treatment of Work Right to Object to Derogatory Treatment of Work ....... 15 Related Rights False Attribution of Work ............................................. 16 Right to Privacy of Photographs and Films................... 17 Supplementary Duration of Moral Rights and Related Rights............... 18 Consent and Waiver of Rights ...................................... 19 Application of Provisions to Joint Works ..................... 20 Application of Provisions to Parts of Work................... 21 Part IV: Ownership and Assignment of Rights Ownership of Copyright Ownership of Copyright................................................ 22 Assignment of Copyright Assignment and Licences.............................................. 23 Prospective Ownership of Copyright ............................ 24 Exclusive Licence ......................................................... 25 Copyright in Unpublished Manuscript Passes under Will ............................................................................... 26 Moral Rights etc. not Assignable .................................. 27 Transmission of Moral Rights etc. on Death................. 28 Part V: Infringement of Rights General Provisions
Meaning of “Action”..................................................... 29 Provisions of Part Subject to Other Provisions ............. 30 Infringement of Copyright Acts Infringing Copyright ............................................. 31 Remedies of Copyright Owner Action by Owner of Copyright...................................... 32 Order for Delivery up in Civil Proceedings .................. 33 Remedies of Exclusive Licensee Infringement of Rights of Exclusive Licensee .............. 34 Infringement where Rights Concurrent......................... 35 Infringement of Moral Rights and Related Rights Infringements of Right to be Identified as Author or Director ......................................................................... 36 Infringement of Right to Object to Derogatory Treatment of Work........................................................ 37 Infringement by Possession of Infringing Article ......... 38 Acts not Infringing Section 15 ...................................... 39 False Attribution of Work: Infringement of Right ....... 40 Infringement of Privacy Right Respecting Photographs, etc............................................................ 41 Effect of Consent and Waiver of Rights........................ 42 Remedies for Infringement of Moral Rights and Related Rights Remedies for Infringing Moral Rights, etc.................... 43 Presumptions Presumptions where Action Relates to Literary Works, etc.................................................................................. 44 Presumptions where Action Relates to Sound Recordings, Films, or Computer Programs ................... 45 Offences Penalties in Respect of Dealings which Infringe Copyright ...................................................................... 46 Presumptions not to Apply............................................ 47 Order to Deliver up in Criminal Proceedings................ 48 Supplementary Application of Provisions as to Entry and Search ......... 49 Provision for Restricting Importation of Infringing Copies ........................................................................... 50 Part VI: Exceptions to Infringement of Copyright Preliminary Definition of “Sufficient Acknowledgement”............... 51 General Exceptions Research and Private Study........................................... 52 Criticism, Review and Reporting .................................. 53 Determining Fair Dealing ............................................. 54 Incidental Inclusion of Protected Work......................... 55 Use of Work for Educational Purposes Acts Done for Purposes of Instruction or Examination. 56 Anthologies for Educational Use .................................. 57 Recording of Broadcast, etc. by Educational Establishments .............................................................. 58 Restriction on Reprographic Copying by Educational Establishment................................................................ 59 Subsequent Dealings with Authorized Copies .............. 60 Exceptions Affecting Libraries and Archives Interpretation of References; Regulations.................... 61 Supply by Librarian of Copies of Published Work ....... 62
Supply of Copies to Other Libraries.............................. 63 Replacing Copies of Works........................................... 64 Copying of Unpublished Work ..................................... 65 Exceptions Relating to Public Administration Parliamentary and Judicial Proceedings and Statutory Inquiries ........................................................................ 66 Public Records .............................................................. 67 Designs Design Documents and Models..................................... 68 Where Design Derived from Artistic Work is Exploited....................................................................... 69 Exception Relating to Works in Electronic Form Transfer of Works in Electronic Form .......................... 70 Miscellaneous Exceptions Relating to Literary, Dramatic, Musical and Artistic Works Anonymous and Pseudonymous Literary, etc. Works... 71 Use of Notes of Recordings of Spoken Word ............... 72 Reading or Recitation in Public .................................... 73 Representation of Artistic Works on Public Display..... 74 Reconstruction of Buildings.......................................... 75 Subsequent Work by Same Artist ................................. 76 Miscellaneous Exceptions Relating to Sound Recordings, Films and Computer Programs Making etc., of Recordings of Musical Work Previously Made or Imported........................................ 77 Rental of Sound Recordings, etc. .................................. 78 Playing of Sound Recording for Purposes of Charitable Organizations............................................... 79 Miscellaneous Exceptions Respecting Broadcasts and Cable Programmes Incidental Recording for Purposes of Broadcast or Cable Programme.......................................................... 80 Recordings of Broadcasts for Programme Control........ 81 Recording for Archival Purposes .................................. 82 Reception and Retransmission of Broadcast in Cable Programme Service....................................................... 83 Recording for Purposes of Time Shifting...................... 84 Adaptations Adaptations ................................................................... 85 Prescribed Exceptions Power of Minister to Prescribe Exception to Infringement.................................................................. 86 Part VII: Copyright Licensing Preliminary Interpretation for Purposes of Part ................................ 87 Licensing Schemes to which Sections 89 to 94 Apply.. 88 References and Applications Respecting Licensing Schemes References of Proposed Licensing Scheme................... 89 Reference of Existing Licensing Scheme...................... 90 Further Reference of Scheme........................................ 91 Application for Grant of Licence in Connection with Licensing Scheme ......................................................... 92 Application for Review of Order as to Entitlement to Licence.......................................................................... 93 Effect of Order of Tribunal as to Licensing Scheme..... 94 References and Applications Respecting Licences and Licensing Bodies Licences to which Sections 96 to 99 Apply .................. 95
Supplementary
Part VIII:
Part IX: Performers’ Rights
Reference to Tribunal of Proposed Licence .................. 96 Reference to Tribunal of Expiring Licence ................... 97 Application for Review of Order as to Licence............. 98 Effect of Order of Tribunal as to Licence...................... 99
Regulations May Prescribe Factors to be Taken into Account......................................................................... 100 Royalty Payable for Rental of Sound Recording, Film, etc.................................................................................. 101 Ministerial Order in Relation to Licensing Scheme ...... 102 The Copyright Tribunal Establishment of Copyright Tribunal ........................... 103 Jurisdiction of Tribunal................................................. 104 Regulations Relating to Proceedings of Tribunal.......... 105 Appeal on Point of Law ................................................ 106 Rights in Performances Conferment of Rights in Performances ......................... 107
Consent Required for Recording or Live Transmission of Performance.............................................................. 108 Infringement of Performer’s Rights by Use of Recording made without Consent ................................. 109 Consent and Royalty Required for Adaptation of Recording...................................................................... 110 Infringement of Performer’s Rights by Importing, Possessing, etc. Illicit Recording................................... 111
Rights of Person Having Recording Rights Consent Required for Recording of Performance Subject to Exclusive Contract ....................................... 112 Infringement of Recording Rights by Use of Recording Made without Consent................................. 113 Infringement of Recording Rights by Importing, Proceedings, etc., Illicit Recording ............................... 114 Exceptions to Infringement Permitted Acts in Relation to Performances.................. 115 Fair Dealing for Criticism, etc....................................... 116 Incidental Inclusion of Performance or Recording........ 117 Acts Done to Recording or Performance for Purposes of Instruction, etc. ......................................................... 118 Recording of Broadcasts and Cable Programmes by Educational Establishments........................................... 119 Acts Done to Performance or Recording for Parliamentary Proceedings, etc. .................................... 120 Transfer of Recording of Performance in Electronic Form.............................................................................. 121 Use of Recordings of Spoken Words ............................ 122 Playing Sound Recording as Part of Activities of Charitable Organization, etc.......................................... 123 Incidental Recording for Purposes of Broadcast or Cable Programme.......................................................... 124 Recording for Supervision and Control of Programmes 125 Recording of Broadcast or Cable Programme for Archival Purposes ......................................................... 126 Order Excepting Acts from Infringing Right Under this Part ......................................................................... 127 Tribunal May Consent on Behalf of Performer............. 128 Duration and Transmission of Rights in Performances; Consent Duration of Rights in Performances.............................. 129
Transmission of Rights in Performances....................... 130 Consent ......................................................................... 131 Remedies for Infringement of Rights in Performances
Offences
Part X:
[1st September, 1993]
Infringement Actionable as Breach of Statutory Duty .. 132 Order for Delivery up of Illicit Recording in Civil Proceedings................................................................... 133
Criminal Liability for Making, Dealing with or Using Illicit Recordings........................................................... 134 Order for Delivery up of Illicit Recording in Criminal Proceedings................................................................... 135 False Representation of Authority to Give Consent...... 136 General Order for Disposal of Infringing Copy or Illicit Recording...................................................................... 137 Period after which Remedy or Delivery up Not Available....................................................................... 138 Time Limited for Prosecution ....................................... 139 Powers of Members of Constabulary Force .................. 140 Restrictions on the Entry and Search of Domestic Premises........................................................................ 141 Obstruction of Members of Constabulary Force ........... 142 Offences by Bodies Corporate ...................................... 143 Power to Apply Provisions of Act to Other Country..... 144 Denial of Copyright or Rights in Performances ............ 145 International Organizations........................................... 146 Territorial Waters and Exclusive Economic Zone......... 147 Act Applies to Jamaican Ships, Aircraft ....................... 148 Act Binds Crown........................................................... 149 Regulations ................................................................... 150 Repeals.......................................................................... 151 Savings.......................................................................... 152 Transitional ................................................................... 153
PART I PRELIMINARY
Short Title
1. This Act may be cited as the Copyright Act.
Interpretation
2.—(1) In this Act— “adaptation” means—
(a) in relation to a literary or dramatic work— (iii) a version of a work in which the story or action is conveyed wholly or mainly by means of pictures in a form suitable for reproduction in a book or in a newspaper, magazine or similar periodical;
(b) in relation to a musical work, an arrangement or transcription of the work; “appointed day” means 1st September, 1993; “article” in the context of an article in a periodical, includes an item of any description; “artistic work” means— “author” in relation to a work, means the person who creates it, being in relation to— and in relationship to a work of a joint authorship, references in this Act to the author of a work shall, except as otherwise provided, be construed as references to all the authors of the work;
“a broadcast” means a transmission by wireless telegraphy of visual images, sounds or other information which—
(a) having regard to section 4, is capable of being lawfully received by members of the public; or
(b) is transmitted for presentation to members of the public;
“to broadcast” means to transmit by wireless telegraphy visual images or sounds, or both, for reception by the public notwithstanding that— (b) to the person including it is a reference to the person providing the service;
“cable programme service” means a service which consists wholly or mainly in sending visual images, sounds or other information by means of a telecommunications system, otherwise than by wireless telegraphy, for reception— “collective work” means—
(a) a work of joint authorship; or
(b) a work in which there are distinct contributions by different authors or in which works or parts of works of different authors are incorporated;
“computer-generated work” means a work generated by a computer in circumstances such that the work has no human author;
“computer program” means a set of instructions, whether expressed in words or in schematic or other form, which is capable, when incorporated in a machine-readable medium, of causing an electronic or other device having information processing capabilities to indicate, perform or achieve a particular function, task or result;
“copy” in relation to— 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 conferred by Part II of this Act;
“Copyright Tribunal” or “Tribunal” means the Tribunal established under section 103;
“country” includes any territory;
“distribution” means the distribution to the public, for commercial purposes, of copies of a work by way of rental, lease, hire, loan or similar arrangement and “distributing” has a corresponding meaning;
“dramatic work” includes a work of dance or mime;
“educational establishment” 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;
“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 on any medium from which a moving image may by any means be produced;
“future copyright” means copyright which will or may come into existence in respect of any future work or class of works or on the occurrence of a future event, and “prospective owner” shall be construed accordingly and, in relation to any such copyright, includes a person prospectively entitled thereto by virtue of such an agreement as is mentioned in section 24;
“graphic work” includes— “illicit recording” in relation to a performance means a recording wherever made, the making of which constitutes an infringement of the rights conferred on the performer or a person having recording rights in relation to the performance pursuant to Part IX, and which does not fall within any of the exceptions specified in or authorized pursuant to any provision of that Part;
“infringing copy” in relation to a protected work means— “literary work” means any work, other than a dramatic or musical work, which is written, spoken or sung, and accordingly includes— “manuscript” in relation to a work, means the original document embodying the work whether written by hand or not;
“musical work” means a work consisting of music, exclusive of any words or action intended to be sung, spoken or performed with the music;
“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; (b) is a qualified person,
so, however, that, where a performance is subject to an exclusive recording contract but the person mentioned in paragraph (a) is not a qualified person, the expression shall be deemed to extend to any qualified person who is licensed by the person mentioned in paragraph (a) to make recordings of the performance with a view to their being shown or played in public, sold, let for hire or otherwise commercially exploited or to whom the benefit of such a licence has been assigned;
“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, including premises that are occupied mainly for other purposes;
“prospective owner” has the meaning assigned to it in the definition of “future copyright”;
“publication” and “commercial publication” have the meaning assigned to those expressions, respectively, by section 3;
“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; other than a soundtrack 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— (b) in the course of a business, as part of services or amenities for which payment is made,
on terms that it will or may be returned; “reprographic process” means a process—
(a) for making facsimile copies; or
(b) involving the use of an appliance for making multiple copies, and, in relation to a work held in electronic form, includes any copying by electronic means,
but does not include the making of a film or sound recording; “sculpture” includes a cast or model made for purposes of sculpture; “sound recording” means— which sounds reproducing the work or part may be produced, regardless of the medium on which the recording is made or the method by which the sounds are reproduced or produced;
“specified country” means a country specified by the Minister by order pursuant to section 144; “telecommunications system” means a system for conveying visual images, sounds or other information by electronic means; “typeface” includes an ornamental motif used in printing; “unauthorized” when used to describe any act done in relation to a work, means— “wireless telegraphy” means the sending of electromagnetic energy over paths not provided by a material substance constructed or arranged for that purpose;
“work” means— and accordingly “protected work” means a work of any of such categories in which copyright subsists by virtue of this Act;
“work of joint authorship” means a work produced by the collaboration of two or more authors in which the contribution of each author is not separate from the contribution of the other author or authors;
“writing” includes any form of notation, whether by hand or by printing, typewriting or any other process and regardless of the method by which or the medium in or on which it is recorded, and “written” shall be construed accordingly.
(2) References in this Act to the time at which, or the period during which, a work was made are references to the time or period at or during which it was first written down, recorded or expressed in some other material form.
Publication
3.—(1) Subject to the following provisions of this section, for the purposes of this Act publication in relation to a work means the issue of copies of the work to the public (whether by way of sale or otherwise) including, where the work is a literary, musical, dramatic or artistic work, the making available of copies to the public by means of an electronic retrieval system; and all related expressions shall be construed accordingly.
(2) References in this Act to the issue to the public of copies of a work are to the act of putting into circulation copies not previously put into circulation in Jamaica or elsewhere, and not to— except that in relation to sound recordings, films and computer programs, the act of issuing copies to the public includes any rental of copies to the public. Lawful Reception of Broadcast
4.—(1) In relation to the broadcast of a work, an encrypted transmission shall be regarded as capable of being lawfully received by members of the public only if decoding equipment has been made available to members of the public by or with the authority of the person making the transmission or the person providing the contents of the transmission. and references in this Act to a programme, in the context of broadcasting, are to any item included in a broadcast.
PART II COPYRIGHT
Requirements for Protection
5.—(1) Unless otherwise specifically provided in this Act, copyright shall not subsist in any work unless it satisfies the requirements specified in this Part as respects— Category of Eligible Works
6.—(1) Copyright is a property right which, subject to the provisions of this section, may subsist in the following categories of work— and copyright may subsist in a work irrespective of its quality or the purpose for which it was created. Qualification for Protection: Author
7.—(1) A work qualifies for copyright protection if the author was a qualified person at the material time. Qualification for Protection: Place of Publication, etc.
8.—(1) A literary, dramatic, musical or artistic work, a sound recording or film, or the typographical arrangement of a published edition qualifies for copyright protection if, having regard to section 3, it is first published in Jamaica or a specified country. Nature of Copyright Protection: Economic and Moral Rights
9.—(1) By virtue of and subject to the provisions of this Act, the owner of the copyright in a work shall have the exclusive right to do or to authorize other persons to do any of the following acts in Jamaica— (b) the director of a film that is a protected work,
shall have in respect of such work, whether or not he is the owner of the copyright in the work, the moral rights specified in Part III.
Duration of Copyright in Literary, etc. Works
10.—(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 fifty years from the end of the calendar year in which the author dies. (6) This section does not apply to copyright which subsists by virtue of section 146.
Duration of Copyright in Sound Recordings and Films
11.—(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, fifty 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— but in determining whether a sound recording or film has been made available to the public, any unauthorized act shall be disregarded.
Duration of Copyright in Broadcasts and Cable Programmes
12.—(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. Duration of Copyright in Typographical Arrangement of Editions
13. Copyright in the typographical arrangement of a published edition expires at the end of the period of twenty-five years from the end of the calendar year in which the edition was first published.
PART III MORAL RIGHTS AND RELATED RIGHTS
Right to be Identified as Author, etc.
14.—(1) Subject to subsection (9) and to such exceptions as may be specified in or pursuant to any other provision of this Act, the author of a literary, dramatic, musical or artistic work that is a protected work and the director of a film that is a protected work have, respectively, the right to be identified as the author or, as the case may be, director of the work in the circumstances specified in this section. and the identification must, in each case, be clear and reasonably prominent.
(8) For the purposes of this section, any reasonable form of identification may be used. Right to Object to Derogatory Treatment of Work
15.—(1) Subject to subsections (2) and (3) and to such exceptions as may be specified in or pursuant to any other provision of this Act, the author of a literary, dramatic, musical or artistic work that is a protected work and the director of a film that is a protected work have, respectively, the right not to have the work or any part thereof subjected to derogatory treatment; and such right is infringed by any person who does any of the acts specified in section 37 in the circumstances so specified. and where in such a case the right does apply, it is not infringed if there is a sufficient disclaimer.
(4) In this section—
(a) “derogatory treatment” in relation to a work means any addition to, deletion from, alteration to or adaptation of the work (not being a translation of a literary or dramatic work or an arrangement or transcription of a musical work involving no more than a change of key or register) which amounts to a distortion or mutilation of the work, or is otherwise prejudicial to the honour or reputation of the author or director, as the case may be; and that the work has been subjected to treatment to which the author or director has not consented.
Related Rights
16.—(1) A person has the right— Right to Privacy of Photographs and Films
17. Subject to section 41, a person who for private and domestic purposes commissions the taking of a photograph or the making of a film has, where the resulting work is a protected work, the right not to have— Duration of Moral Rights and Related Rights
18.—(1) The rights conferred by sections 14, 15 and 17 subsists so long as copyright subsists in the work.
(2) The right conferred by section 16 subsists until the end of the period of twenty years from the end of the calendar year in which the person dies.
Consent and Waiver of Rights
19.—(1) A person having a right conferred under this Part may consent to the doing of any act affecting such right or may waive the right. Application of Provisions to Joint Works
20.—(1) The right conferred under section 14 is, in the case of a work of joint authorship, a right of each joint author to be identified as a joint author. Application of Provisions to Parts of Work
21. The rights conferred by—
(a) sections 14 and 17 apply in relation to the whole or any substantial part of a work; and
(b) sections 15 and 16 apply in relation to the whole or any part of a work.
PART IV OWNERSHIP AND ASSIGNMENT OF RIGHTS
Ownership of Copyright
22.—(1) Subject to the provisions of this section, the author of a protected work is the first owner of any copyright in that work unless there is an agreement to the contrary.
(2) Subsection (1) shall not apply to copyright subsisting in a work pursuant to section
146.
(3) Where a protected work is a work of joint authorship the authors thereof shall be co-owners of the copyright in that work.
Assignment and Licences
23.—(1) Subject to the provisions of this section, copyright in a work may be transferred as personal or moveable property by— and a transfer pursuant to this section by way of assignment shall not be effective unless it is in writing and signed by or on behalf of the assignor. Prospective Ownership of Copyright
24.—(1) Where by an agreement made in relation to future copyright, and signed by or on behalf of the prospective owner of the copyright, the prospective owner purports to assign the future copyright (wholly or partially) to another person, then, if on the coming into existence of the copyright the assignee or another person claiming under him would be entitled as against all other persons to require the copyright to be vested in him, the copyright shall vest in the assignee or his successor in title by virtue of this subsection.
(2) A licence granted by a prospective owner of copyright is binding on every successor in title to his interest (or prospective interest) in the right, except a purchaser in good faith for valuable consideration and without notice (actual or constructive) of the licence or a person deriving title from such a purchaser; and references in this Act to doing anything with or without the licence of the copyright owner shall be construed accordingly.
Exclusive Licence
25. The licensee under an exclusive licence has the same rights against a successor in title who is bound by the licence as he has against the person granting the licence.
Copyright in Unpublished Manuscript Passes Under Will
26. Where under a bequest (whether specific or general) a person is entitled, beneficially or otherwise, to— then, unless a contrary intention is indicated in the testator’s will or a codicil to it, the bequest shall be construed as including the copyright in the work in so far as the testator was the owner of the copyright immediately before his death.
Moral Rights etc. not Assignable
27. The rights conferred under Part III are not assignable.
Transmission of Moral Rights etc. on Death
28.—(1) On the death of a person entitled to the right conferred by section 14, 15 or 17— PART V INFRINGEMENT OF RIGHTS
Meaning of “Action”
29. In this Part “action” includes a counterclaim and references to the plaintiff and to the defendant in an action shall be construed accordingly.
Provisions of Part Subject to Other Provisions
30. This Part shall have effect subject to such provisions of this Act as— Acts Infringing Copyright
31.—(1) The copyright in a work is infringed by any person who, without the licence of the copyright owner, does, in relation to that work, any of the acts which the copyright owner has the exclusive right to do pursuant to section 9. an article specifically designed or adapted for making copies of that work, knowing or having reason to believe that it is to be used to make infringing copies. Action by Owner of Copyright
32.—(1) An infringement of copyright shall be actionable at the suit of the copyright owner, and, subject to the provisions of this section, in any action for such an infringement all such relief by way of damages, injunction, accounts or otherwise, shall be available to the plaintiff as is available in respect of the infringement of other proprietary rights. Order for Delivery up in Civil Proceedings
33.—(1) Subject to the provisions of this section and section 35 (6), where a person— Infringement of Rights of Exclusive Licensee
34. An exclusive licensee has, except against the copyright owner, the same rights and remedies in respect of matters occurring after the grant of the licence as if the licence had been an assignment.
Infringement where Rights Concurrent
35.—(1) The rights and remedies of an exclusive licensee are concurrent with those of the copyright owner and references in the relevant provisions of this Act to the copyright owner shall be construed accordingly. Infringements of Right to be Identified as Author or Director
36.—(1) Subject to subsection (2), the right concurred by section 14 is infringed by any person who fails to identify the author of a work or the director of a film whenever any action specified in that section occurs in relation to that work or film. Infringement of Right to Object to Derogatory Treatment of Work
37.—(1) The right conferred on an author and a director by section 15 to object to derogatory treatment of his work is infringed where the acts described in subsections (2) to (5) are done in relation to that work; and for the purposes of this Part, “derogatory treatment” has the same meaning as that specified in section 15 (4). (b) issues to the public copies of a derogatory treatment of the film,
or who, along with the film, plays in public, broadcasts or includes in a cable programme service, or issues to the public copies of, a derogatory treatment of the film sound-track.
Infringement by Possession of Infringing Article
38.—(1) The right conferred by section 15 is also infringed by a person who— (d) distributes otherwise than in the course of a business, so as to affect prejudicially the honour or reputation of the author or director,
an article which is, and which he knows or has reason to believe is an infringing article. (b) has been or is likely to be the subject of any of the acts mentioned in sections 37 and 38 in circumstances infringing that right.
Acts not Infringing Section 15
39.—(1) The right conferred by section 15 is not infringed by any act done for the purpose of— so, however, that, where the author or director is identified at the time of the relevant act or has previously been identified in or on published copies of the work, there shall be a sufficient disclaimer.
(2) In subsection (1) “sufficient disclaimer” means a clear and reasonably prominent indication— that the work has been subjected to treatment to which the author or director has not consented.
False Attribution of Work: Infringement of Right
40.—(1) Subject to the provisions of this section, the right conferred on a person by section 16 not to have a literary, dramatic, musical or artistic work falsely attributed to him as author or a film falsely attributed to him as director, is infringed by a person who— Infringement of Privacy Right Respecting Photographs, etc.
41. The right conferred by section 17 in relation to a commissioned photograph or film is infringed by a person who does or authorizes 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.
Effect of Consent and Waiver of Rights
42. It is not an infringement of any right conferred by section 14, 15, 16 or 17 to do any act to which the person entitled to the right has consented pursuant to section 19 or in respect of which he has given a waiver pursuant to that section.
Remedies for Infringing Moral Rights, etc.
43.—(1) The infringement of a right conferred under section 14, 15, 16 or 17 is actionable as a breach of statutory duty owed to the person entitled to the right. Presumption where Action Relates to Literary Works, etc.
44.—(1) In an action brought by virtue of this Part with respect to a literary, dramatic, musical or artistic work, the presumptions specified in this section shall apply. Presumptions where Action Relates to Sound Recordings, Films, or Computer Programs
45.—(1) In an action brought by virtue of this Part with respect to a sound recording, film or computer program, the presumptions specified in this section shall apply. (c) that the film was first published in a specified year or in a named country,
the statement shall be admissible as evidence of the facts stated and shall be presumed to be correct until the contrary is proved. the statement shall be admissible as evidence of the facts stated and shall be presumed to be correct until the contrary is proved; and the presumption applies equa1ly 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.
Penalties in Respect of Dealings which Infringe Copyright
46.—(1) Any person who at a time when copyright in a work subsists by virtue of this Act—
(a) makes for sale or hire; or (otherwise than by reception of a broadcast or cable programme) knowing or having reason to believe that copyright subsists in the work and that the performance, playing or showing, as the case may be, constitutes an infringement of the copyright, commits an offence.
(4) Any person who is guilty of an offence under subsection (1) shall be liable— Presumptions not to Apply
47. The presumptions specified in sections 44 and 45 do not apply to proceedings for an offence under section 46, but without prejudice to their application to proceedings for an order under section 48.
Order to Deliver up in Criminal Proceedings
48.—(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— Application of Provisions as to Entry and Search
49. For the purposes of this Part, the provisions of sections 140 and 141 shall apply in respect of the entry and search of any premises.
Provision for Restricting Importation of Infringing Copies
50.—(1) The owner of the copyright in any published literary, dramatic or musical work may give notice in writing to the Commissioner of Customs—
(a) that he is the owner of the copyright in the work; and (7) Regulations made under subsection (6) shall be subject to negative resolution.
PART VI EXCEPTIONS TO INFRINGEMENT OF COPYRIGHT
Definition of “Sufficient Acknowledgement”
51. For the purposes of this Part “sufficient acknowledgement” means an acknowledgement identifying the work in question by its title or other description and identifying the author, unless— Research and Private Study
52. Subject to section 54, fair dealing with a literary, dramatic, musical or artistic work for the purposes of research or private study does not infringe copyright in the work or, in the case of a published edition, in the typographical arrangement.
Criticism, Review and Reporting
53.—(1) Subject to section 54— Determining Fair Dealing
54. For the purpose of determining whether an act done in relation to a work constitutes fair dealing, the court determining the question shall take account of all factors which appear to it to be relevant, including—
(a) the nature of the work in question; Incidental Inclusion of Protected Work
55. Copyright in a work is not infringed— and for the purposes of this section, a musical work, words spoken or sung with music, or so much of a sound recording, broadcast or cable programme as includes a musical work or such words, shall not be regarded as incidentally included if it is deliberately included.
Acts Done for Purposes of Instruction or Examination
56.—(1) Copyright in a literary, dramatic, musical or artistic work is not infringed by its being copied in the course of instruction or of preparation for instruction, provided the copying is done by a person giving or receiving instructions and is not by means of a reprographic process. Anthologies for Educational Use
57.—(1) The inclusion in a collection intended for use in educational establishments of a short passage from a published literary or dramatic work does not infringe copyright in the work— Recording of Broadcast, etc. by Educational Establishments
58.—(1) Subject to subsection (2), 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 establishment for the educational purposes of that establishment 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 certified pursuant to section 102 for the purposes of this section.
Restriction on Reprographic Copying by Educational Establishment
59.—(1) Subject to the provisions of this section, reprographic copies of passages from published literary, dramatic or musical works may be made by or on behalf of an educational establishment for the purposes of instruction without infringing any copyright in the work or in the typographical arrangement. Subsequent Dealings with Authorized Copies
60.—(1) Where a copy of a work would be an infringing copy if the making thereof were not authorized under section 56, 58 or 59 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) In subsection (1) “dealt with” means sold, or let for hire or offered or exposed for sale or hire.
Interpretation of References; Regulations
61.—(1) In sections 62 to 65 references to the librarian or archivist include references to a person acting on his behalf. Supply by Librarian of Copies of Published Work
62.—(1) The librarian of a prescribed library or archive may, if the prescribed conditions are complied with—
(a) make and supply a copy of an article in a periodical; or
(b) make and supply from a published edition, a copy of part of a literary, dramatic or musical work, not being an article in a periodical,
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— Supply of Copies to Other Libraries
63.—(1) The librarian of a prescribed library or archive may, if the prescribed conditions are complied with, make and supply to another prescribed library or archive a copy of— 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 knows or could, by reasonable inquiry, ascertain the name and address of a person entitled to authorize the making of the copy.
Replacing Copies of Works
64.—(1) The librarian of a prescribed 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— Copying of Unpublished Work
65.—(1) Subject to subsection (2), the librarian of a prescribed library or archive may, if the prescribed 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—
(a) the work had been published before the document was deposited in the library or archive; or
(b) the copyright owner has prohibited copying of the work,
and at the time of the making of the copy the librarian ought to have been aware of that fact.
(3) The prescribed conditions shall include the following— Parliamentary and Judicial Proceedings and Statutory Inquiries
66.—(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. Public Records
67. Where any protected work or a reproduction of any such work is comprised in any public record (as defined in the Record Office Act) which is, by virtue of that Act under the charge of the Keeper of the Records 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 appointed under the Record Office Act.
Design Documents and Models
68.—(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 (except 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) In this section—
“design” means the design of any aspect of the shape or configuration (whether internal or external) of the whole or part of an article, other than surface decoration; and
“design document” means any record of a design, whether in the form of a drawing, a written description, a photograph, data stored in a computer or otherwise.
Where Design Derived from Artistic Work is Exploited
69.—(1) Where an artistic work has been exploited by or with the licence of the copyright owner by— Transfer of Works in Electronic Form
70.—(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— Anonymous and Pseudonymous Literary, etc. Works
71.—(1) Copyright in a literary, dramatic, musical or artistic work is not infringed by an act done at a time when, or in pursuance of an arrangement made at a time when— Use of Notes of Recordings of Spoken Word
72.—(1) Where a record of spoken words is made, in writing or otherwise, for the purpose of—
(a) reporting current events; or
(b) broadcasting or including in a cable programme service the whole or part of the work,
it is not an infringement of any copyright in the words as a literary work to use the record or material taken from it (or to copy the record or any such material and use the copy) for that purpose, providing the conditions specified in subsection (2) are met.
(2) The conditions referred to in subsection (1) are that— Reading or Recitation in Public
73.—(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.
Representation of Artistic Works on Public Display
74.—(1) This section applies to—
(a) buildings; Reconstruction of Buildings
75. 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 constructed by or with the licence of the copyright owner.
Subsequent Work by Same Artist
76. 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.
Making etc., of Recordings of Musical Work Previously Made or Imported
77. Where sound recordings of a musical work (and accompanying words, if any) have, with the licence or consent of the owner of the copyright in the work, been previously made in or imported into Jamaica for the purposes of retail sale, then, any person may, after the expiry of the period of four months immediately following upon the date of the first authorized manufacture in, or importation into, Jamaica of such recordings, and without first obtaining the consent or licence of the owner of the copyright in the work, make or authorize the making of sound recordings of it if such person— and any person who makes or authorizes the making of sound recordings pursuant to this subsection shall not make or authorize the making of any alterations in, or omissions from, the work unless sound recordings of that work containing similar alterations or omissions have been previously made by or with the licence or consent of the owner of the copyright or unless such alterations or omissions are reasonably necessary for the adaptation of the work to the sound recording in question.
Rental of Sound Recordings, etc.
78.—(1) The Minister may by order, subject to negative resolution, provide that in such cases as may be specified in the order, the rental to the public of copies of sound recordings, films or computer programs shall be treated as licensed by the copyright owner subject only to the payment of such reasonable royalty or other payment as may be agreed or determined in default of agreement by the Copyright Tribunal. Playing of Sound Recording for Purposes of Charitable Organizations
79. It is not an infringement of the copyright in a sound recording to play it as part of the activities of, or for the benefit of, a club, society or other organization if— Incidental Recording for Purposes of Broadcast or Cable Programme
80.—(1) This section applies where by virtue of a licence or assignment of copyright a person is authorized to broadcast from a place in Jamaica or a specified country or to include in a cable programme service sent from Jamaica or a specified country— Recordings of Broadcasts for Programme Control
81.—(1) Copyright is not infringed by the making or use by a prescribed broadcasting organization, for the purpose of maintaining supervision and control over programmes and advertisements broadcast by that organization, of recordings of those programmes and advertisements.
(2) Copyright is not infringed by the making or use by the Broadcasting Commission of recordings of programmes in connection with and for the purpose of carrying out its functions under the Broadcasting and Radio Rediffusion Act.
Recording for Archival Purposes
82.—(1) A recording of a broadcast or cable programme Recording 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) In subsection (1) “designated” means designated by the Minister, who shall not designate a body unless he is satisfied that it is not established or conducted for profit.
Reception and Retransmission of Broadcast in Cable Programme Service
83. Where a literary, dramatic or musical work or film is broadcast with the licence of the copyright owner from a place in Jamaica or a specified country, any person may, without obtaining the licence of the copyright owner, incorporate the work (by means of the reception of the broadcast) 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.
Recording for Purposes of Time Shifting
84. 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.
Adaptations
85. 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.
Power of Minister to Prescribe Exception to Infringement
86.—(1) Subject to the provisions of this section, the Minister may, by order, subject to negative resolution, 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. PART VII COPYRIGHT LICENSING
Interpretation for Purposes of Part
87.—(1) In this Part—
“licence” means any licence that is issued or offered by a licensing body authorizing, in relation to works in which copyright subsists, the doing of any of the acts restricted by copyright;
“licensing body” means a society or other organization which has as its main object or one of its main objects, the negotiation or granting, either as owner or prospective owner of copyright or as agent for him, of licences, and whose objects include the granting of licences covering works of more than one author;
“licensing scheme” means a scheme setting out—
(a) the classes of case in which the operator of the scheme, or the person on whose behalf he acts, is willing to grant licences; and
(b) the terms on which licences would be granted in those classes of case,
and for this purpose a “scheme” includes anything in the nature of a scheme, whether described as a scheme or as a tariff or by any other name. Licensing Schemes to which Sections 89 to 94 Apply
88. The provisions of sections 89 to 94 apply to licensing schemes of the following descriptions— References of Proposed Licensing Scheme
89.—(1) The terms of a licensing scheme which a licensing body proposes to operate may be referred to the Copyright Tribunal by an organization claiming to be representative licensing of persons claiming that they require licences in cases of a description to which the scheme would apply, either generally or in relation to any description of case. Reference of Existing Licensing Scheme
90.—(1) Where during the operation of a licensing scheme a dispute arises between the operator of the scheme and—
(a) the person claiming that he requires a licence in a case of a description to which the scheme applies; or
(b) an organization claiming to be representative of such persons,
that person or organization may refer the scheme to the Copyright Tribunal in so far as it relates to cases of that description. Further Reference of Scheme
91.—(1) Where the Copyright Tribunal has on a previous reference of a licensing scheme under section 89 or 90, or under this section, made an order with respect to the scheme then, while the order remains in force—
(a) the operator of the scheme;
(b) a person claiming that he requires a licence in a case of the description to which the order applies; or
(c) an organization claiming to be representative of such persons,
may refer the scheme again to the Tribunal so far as it relates to cases of that description. Application for Grant of Licence in Connection with Licensing Scheme
92.—(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 Copyright Tribunal. (b) proposes terms for a licence which are unreasonable,
may apply to the Copyright Tribunal. Application for Review of Order as to Entitlement to Licence
93.—(1) Where the Copyright Tribunal has made an order under section 92 that a person is entitled to a licence under a licensing scheme, the operator of the scheme or the original applicant may apply to the Tribunal to review its order.
(2) An application shall not be made, except with the special leave of the Tribunal— Effect of Order of Tribunal as to Licensing Scheme
94.—(1) A licensing scheme which has been confirmed or varied by the Copyright Tribunal under section 89 or 90 shall be in force, or as the case may be, remain in operation so far as it relates to the description of case in respect of which the order is made, so long as the order remains in force. (b) complies with the other terms applicable to such a licence under the scheme,
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. (b) comply with the other terms specified in the order.
Licences to which Sections 96 to 99 Apply
95. Sections 96 to 99 apply to the following descriptions of licence granted by a licensing body otherwise than in pursuance of a licensing scheme— Reference to Tribunal of Proposed Licence
96.—(1) The terms on which a licensing body proposes to grant a licence may be referred to the Copyright Tribunal by the prospective licensee. Reference to Tribunal of Expiring Licence
97.—(1) A licensee under a licence which is due to expire by effluxion of time or as a result of notice given by the licensing body, may apply to the Copyright Tribunal on the ground that it is unreasonable in the circumstances that the licence should cease to be in force. Application for Review of Order as to Licence
98.—(1) Where the Copyright Tribunal has made an order under section 96 or 97, the licensing body or the person entitled to the benefit of the order may apply to the Tribunal to review its order.
(2) An application shall not be made, except with the special leave of the Tribunal— Effect of Order of Tribunal as to Licence
99.—(1) Where the Copyright Tribunal has made an order under section 96 or 97 and the order remains in force, the person entitled to the benefit of the order shall, if he satisfies the conditions specified in subsection (2), 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. Regulations May Prescribe Factors to be Taken into Account
100. Regulations made under section 150 may prescribe the matters which the Copyright Tribunal shall take into account on a reference or application made under this Part in respect of any class or classes of case.
Royalty Payable for Rental of Sound Recording, Film, etc.
101.—(1) An application to settle the royalty or other sum payable in pursuance of section 78 may be made to the Copyright Tribunal by the copyright owner or the person claiming to be treated as licensed by him. Ministerial Order in Relation to Licensing Scheme
102.—(1) On the application of any person operating or proposing to operate a licensing scheme for the purposes of sections 58, 78 and such other provisions as may be prescribed, the Minister shall by order certify the scheme if he is satisfied that it— PART VIII THE COPYRIGHT TRIBUNAL
103.—(1) There is hereby established for the purposes of this Act a tribunal to be called the Copyright Tribunal.
(2) The provisions of the Schedule shall have effect as to the constitution of the Tribunal and otherwise in relation thereto.
Schedule
Jurisdiction of Tribunal
104.—(1) The functions of the Tribunal shall be—
(a) to hear and determine— Regulations Relating to Proceedings of Tribunal
105.—(1) The Minister may make regulations relating to proceedings before the Copyright Tribunal and provisions shall be made in such regulations— (3) Regulations made under this section shall be subject to negative resolution.
Appeal on Point of Law
106.—(1) An appeal lies on any point of law arising from a decision of the Copyright Tribunal to the Supreme Court.
(2) Regulations made under section 105 may limit the time within which an appeal may be brought.
PART IX RIGHTS IN PERFORMANCES
Conferment of Rights in Performances
107.—(1) By virtue of, and subject to the provisions of this Part, rights are conferred on—
(a) a performer, requiring his consent to the exploitation of his performance; and (b) any other right or obligation arising otherwise than under this Part.
Consent Required for Recording or Live Transmission of Performance
108.—(1) A performer’s rights are infringed by a person who, without his consent— Infringement of Performer’s Rights by Use of Recording Made without Consent
by means of a recording which was made without the performer’s consent and that person knows or has reason to believe that it was so made.
Consent and Royalty Required for Adaptation of Recording
110.—(1) A performer’s rights are infringed by a person who, without his consent and payment of royalty at the prescribed rate, uses an original recording of a qualifying performance (whether authorized or not) for the purpose of making an adaptation of the recording.
(2) In subsection (1) “an adaptation of the recording” means a recording in which the performance is accompanied by lyrics or music not contained in the original recording.
Infringement of Performer’s Rights by Importing, Possessing, etc. Illicit Recording
111.—(1) A performer’s rights are infringed by a person who, without his consent—
(a) imports into Jamaica otherwise than for his private and domestic use; or Consent Required for Recording of Performance Subject to Exclusive Contract
112.—(1) A person infringes the rights of a person having recording rights in relation to a performance who, without his consent, 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.
Infringement of Recording Rights by Use of Recording Made without Consent
113.—(1) A person infringes the rights of a person having recording rights in relation to a performance who, without his consent—
(a) shows or plays in public the whole or any substantial part of the performance; or Infringement of Recording Rights by Importing, Proceedings, etc., Illicit Recording
114.—(1) A person infringes the rights of a person having recording rights in relation to a performance who, without his consent—
(a) imports into Jamaica otherwise than for his private and domestic use; or Permitted Acts in Relation to Performances
115. Notwithstanding the rights in performances conferred by this Part— Fair Dealing for Criticism, etc.
116. 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 54 shall, with the necessary modifications, apply in determining whether or not an act constitutes fair dealing.
Incidental Inclusion of Performance or Recording
117. The rights conferred by this Part are not infringed— and for the purposes of this section, a performance or recording so far as it consists of music, or words spoken or sung with music, shall not be regarded as incidentally included in a sound recording, broadcast or cable programme if it is deliberately included.
Acts Done to Recording or Performance for Purposes of Instruction, etc.
118.—(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— Recording of Broadcasts and Cable Programmes by Educational Establishments
119.—(1) A recording of a broadcast or cable programme or a copy of such recording, may be made by or on behalf of an educational establishment 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 (as defined in section 118(4)) it shall be treated as an illicit recording for the purposes of that dealing, and if that dealing infringes any right conferred by this Part, for all subsequent purposes.
Acts Done to Performance or Recording for Parliamentary Proceedings, etc.
120. The rights conferred by this Part are not infringed by anything done for the purposes of—
(a) parliamentary or judicial proceedings or the reporting of such proceedings; or
(b) the proceedings of a statutory inquiry or the reporting of such proceedings held in public.
Transfer of Recording of Performance in Electronic Form
121.—(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, allow the purchaser to make further recordings in connection with his use of the recording, then, in the absence of any express terms— Use of Recordings of Spoken Words
122.—(1) Where a recording of the reading or recitation of a literary work is made for the purpose of—
(a) reporting current events; or
(b) broadcasting or including in a cable programme service the whole or part of the reading or recitation,
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 Recording as Part of Activities of Charitable Organization, etc.
123. It is not an infringement of any right conferred by this Part to play a sound recording as part of the activities of, or for the benefit of, a club, society or other organization if— Incidental Recording for Purposes of Broadcast or Cable Programme
124.—(1) Subject to subsection (2), a person who proposes 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 consent for the purposes of this Part for the, making of a further recording for the purposes of the broadcast or cable programme. Recordings for Supervision and Control of Programmes
125.—(1) The rights conferred by this Part are not infringed by the making or use by a prescribed broadcasting organization for the purpose of maintaining supervision and control over programmes broadcast by that organization, of recordings of those programmes.
(2) The rights conferred by this Part are not infringed by the making or use of recordings by the Broadcasting Commission in connection with and for the purpose of carrying out its functions under the Broadcasting and Radio Re-diffusion Act.
Recording of Broadcast or Cable Programme for Archival Purposes
126.—(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 right conferred by this Part in relation to a performance or recording included in the broadcast or cable programme.
(2) In this section “designated” has the meaning assigned to that expression in section 82 (2).
Order Excepting Acts from Infringing Right Under this Part
127.—(1) Subject to the provisions of this section, the Minister may, by order, subject to negative resolution, provide that the rights conferred by this Part are not infringed right 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 so specified. Tribunal May Consent on Behalf of Performer
128.—(1) Subject to the provisions of this section, the Copyright Tribunal 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 where— and may be given subject to such conditions as the Tribunal may specify in the order. Duration of Rights in Performances
129. The rights conferred by this Part continue to subsist in relation to a performance until the end of the period of fifty years from the end of the calendar year in which the performance takes place.
Transmission of Rights in Performances
130.—(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 performers’ rights— Consent
131.—(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. Infringement Actionable as Breach of Statutory Duty
132. 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.
Order for Delivery up of Illicit Recording in Civil Proceedings
133.—(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 performers’ 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. (4) Nothing in this section affects any other power of the court.
Criminal Liability for Making, Dealing with or Using Illicit Recordings
134.—(1) A person commits an offence who without sufficient consent— (c) possesses in the course of a business with a view to doing any act infringing the rights conferred by this Part; or (iii) distributes, a recording which is, and which he knows or has reason to believe is, an illicit recording.
(2) A person commits an offence who causes a recording of a performance made without sufficient consent to be— thereby infringing any of the rights conferred by this Part, if he knows or has reason to believe that those rights are thereby infringed.
(3) In subsections (1) and (2) “sufficient consent” means— Order for Delivery up of Illicit Recording in Criminal Proceedings
135.—(1) The Court before which proceedings are brought against a person for an offence under section 134 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 performers’ rights or recording rights in relation to the performance or to such other person as the court may direct. False Representation of Authority to Give Consent
136.—(1) It is an offence for a person to represent falsely that he is authorized by any person to give consent for the purposes of this Part in relation to a performance, unless he believes on reasonable grounds that he is so authorized.
(2) A person guilty of an offence under this section is liable on summary conviction before a Resident Magistrate to a fine not exceeding fifty thousand dollars or to imprisonment for a term not exceeding six months or to both such fine and imprisonment.
PART X GENERAL
Order for Disposal of Infringing Copy or Illicit Recording
137.—(1) An application may be made to the court for— (b) to appeal against any order made, whether or not he appeared,
and an order shall not take effect until the end of the period within which notice of an appeal may be given or, if before the end of that period notice of appeal is duly given, until the final determination or abandonment of the proceedings on the appeal. Period after which Remedy or Delivery up not Available
138.—(1) An application for an order under section 33 or 133 may not be made after the end of the period of six years from the date on which the infringing copy or article, as the case may be, the illicit recording in question was made, subject to the following provisions. an application may be made by him at any time before the end of the period of six years from the date on which he ceased to be under a disability or, as the case may be, could with reasonable diligence have discovered those facts.
Time Limited for Prosecution
139. No prosecution for an offence under this Act shall be commenced after the expiration of five years after the commission of the offence or one year after the discovery thereof, whatever date last occurs.
Powers of Members of Constabulary Force
140.—(1) Subject to subsection (3) of this section and section 141, a member of the Constabulary Force of or above the rank of Inspector may, if he is satisfied that there is reasonable cause to believe that an offence against this Act is being committed, give directions to any constable authorizing him to—
(a) enter and search any premises or place; Restrictions on the Entry and Search of Domestic Premises
141.—(1) No domestic premises shall be entered and searched pursuant to section 140 unless a magistrate has issued a warrant under subsection (2). Obstruction of Members of Constabulary Force
142.—(1) Without prejudice to any other written law, any person who— Offences by Bodies Corporate
143. 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 any 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 proceeded against and punished accordingly.
Power to Apply Provisions of Act to Other Country
144.—(1) Subject to the provisions of this section, the Minister may by order provide that in respect of any country specified in the order, any provisions of this Act so specified shall apply— Denial of Copyright or Rights in Performances
145.—(1) If it appears to the Minister that the laws of a country fail to give adequate protection to Jamaican works to which this section applies or to Jamaican performances, or fail to give adequate protection in the case of one or more classes of such works or performances, (whether the lack of protection relates to the nature of the work or performance or the nationality, citizenship or country of its author or performer or all of those matters) the Minister may, by order, make provision in relation to that country in accordance with subsection (2). (b) performances that take place in Jamaica;
“Jamaican works” means works of which the author was a qualified person at the material time within the meaning of section 7 (3).
International Organizations
146.—(1) This section applies to international organizations as to which the Minister by order has declared that it is expedient that this section should apply. Territorial Waters and Exclusive Economic Zone
147.—(1) For the purposes of this Act, the territorial sea and the exclusive economic zone of Jamaica shall be treated as part of Jamaica.
(2) This Act applies to things done in the exclusive economic zone as it applies to things done in Jamaica.
(3) In this section—
“exclusive economic zone” means the zone established under section 3 of the Exclusive Economic Zone Act;
“territorial sea” means the waters described in section 3 of the Territorial Sea Act.
Act Applies to Jamaican Ships, Aircraft
148.—(1) This Act applies to things done on a Jamaican ship or Jamaican aircraft as it applies to things done in Jamaica.
(2) In this section “Jamaican ship” and “Jamaican aircraft” mean, respectively, a ship or aircraft registered in Jamaica.
Act Binds Crown
149. This Act binds the Crown.
Regulations
150. 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.
151.—(1) The Copyright Act, 1911, of the United Kingdom, in so far as it is part of the law of Jamaica shall cease to have effect in Jamaica on the appointed day.
(2) Without prejudice to section 25 of the Interpretation Act, the repeal under subsection (1) in relation to the Copyright Act, 1911 of the United Kingdom includes the repeal of any Order-in-Council or subsidiary legislation made under that Act, in so far as it has effect as part of the law of Jamaica.
Savings
152. Nothing in this Act shall affect the operation of any rule of equity relating to breaches of trust or confidence.
Transitional
153.—(1) Where immediately prior to the appointed day copyright subsists in Jamaica in any literary, dramatic, musical or artistic work by virtue of the Copyright Act, 1911 of the United Kingdom, such copyright shall continue to subsist and the person entitled thereto by virtue of that Act shall be the owner thereof, under and subject to this Act, and in particular— Schedule
Constitution of the Tribunal
1.—(1) The Tribunal shall consist of a chairman and two deputy chairmen and not less than two nor more than eight other members.
(2) A person eligible for appointment as chairman or a deputy chairman if he is an attorney-at-law of not less than five years’ standing or a person who has held judicial office.
Appointment of Members
2. The members of the Tribunal shall be appointed by the Minister by instrument in writing, and, subject to the provisions of this Schedule, shall hold office for such period, not exceeding three years, as may be specified in the instrument, but shall be eligible for reappointment.
Resignations
3. A member of the Tribunal may at any time resign his office by instrument in writing and such resignation shall take effect as from the date of the receipt by the Minister of such instrument.
Revocation of Appointments
4. The Minister may by instrument in writing at any time revoke the appointment of any member of the Tribunal if—
(a) he has become bankrupt; or
(b) he is incapacitated by physical or mental illness, or if he is, in the opinion of the Minister, otherwise unfit to perform his duties as a member.
Proceedings of Tribunal
5.—(1) The Copyright Tribunal shall sit in such number of divisions as may from time to time be necessary.
(2) A division of the Tribunal shall consist of— Power to Award Costs
6. The Tribunal may order that the costs or expenses of any proceedings before it incurred by any party shall be paid by any other party, and may tax or settle the amount of any costs or expenses to be paid under any such order or direct in what manner they are to be taxed.
Officers and Employees
7. The Minister shall make such arrangements in relation to provision and remuneration of officers and employees of the Tribunal as may from time to time be necessary.
Remuneration of Members
8. The chairman and other members of the Tribunal and persons appointed under paragraph 5(5)(b) shall be paid such remuneration (whether by way of honorarium, salary or fees) and such allowance as the Minister may determine.
Expenses
9. The expenses of the Tribunal, including the remuneration and allowances referred to in paragraph 8 shall be paid out of moneys provided for the purpose by Parliament.
Publication of Membership
10. The name of all members of the Tribunal as first constituted and every change in the membership thereof shall be published in the Gazette.
Protection of Tribunal
11. Notwithstanding anything to the contrary, no act done or proceeding taken under this Act by the Tribunal shall be questioned on the ground of any omission, defect or irregularity not affecting the merits of the case.
Disclosure of Interest
12. A member of the Tribunal who is interested directly or indirectly in any matter before the Tribunal— Protection of Members of Tribunal
13. No action, suit, prosecution or other proceedings shall be brought or instituted personally against any member of the Tribunal in respect of any act done bona fide in the execution or intended execution of the Tribunal’s functions under this Act.
Members not Public Officers
14. The office of chairman or member of the Tribunal shall not be a public office for the purposes of Chapter V of the Constitution of Jamaica. Protected Works
Duration of Copyright Protection
Identification with Work
Objection to Treatment of Work
Supplementary
Ownership of Copyright
Assignment of Copyright
General Provisions
Infringement of Copyright
Remedies of Copyright Owner
Remedies of Exclusive Licensee
Infringement of Moral Rights and Related Rights
Remedies for Infringement of Moral Rights and Related Rights
Presumptions
Offences
Supplementary
Preliminary
General Exceptions
Use of Work for Educational Purposes
Exceptions Affecting Libraries and Archives
Exceptions Relating to Public Administration
Designs
Exception Relating to Works in Electronic Form
Miscellaneous Exceptions Relating to Literary, Dramatic, Musical and Artistic Works
Miscellaneous Exceptions Relating to Sound Recordings, Films and Computer Programs
Miscellaneous Exceptions Respecting Broadcasts and Cable Programmes
Adaptations
Prescribed Exceptions
Preliminary
(iii) broadcasting the work or including it in a cable programme service; References and Applications Respecting Licensing Schemes
References and Applications Respecting Licences and Licensing Bodies
(iii) broadcasting the work or including it in a cable programme service; Supplementary
Establishment of Copyright Tribunal
Performers’ 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