Antigua Barbuda Copyright Act

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THE COPYRIGHT ACT, 2002

ARRANGEMENT OF SECTIONS

PART I – PRELIMINARY

1. Short title and commencement

2. Interpretation

3. Publication

4. Lawful reception of broadcast

PART II – COPYRIGHT

Protected Works

5. Requirements for protection

6. Category of eligible works

7. Qualification for protection: author

8. Qualification for protection: place of publication, etc.

9. Nature of copyright protection: economic and moral rights

Duration of Copyright Protection

10. Duration of copyright in literary, etc. works

11. Duration of copyright in sound recordings and films

12. Duration of copyright in broadcasts and cable programmes

13. Duration of copyright in typographical arrangement

PART III - MORAL RIGHTS AND RELATED RIGHTS

Identification with Work

14. Right to be identified as author, etc.

Objection to Treatment of Work

15. Right to object to derogatory treatment of work

Related Rights

16. False attribution of work

17. Right to privacy of photographs and films

Supplementary

18. Duration of moral rights and related rights

19. Consent and waiver of rights

20. Application of provisions to joint works

21. Application of provisions to parts of work

PART IV – OWNERSHIP AND ASSIGNMENT OF RIGHTS

Ownership of Copyright

22. Ownership of copyright

Assignment of Copyright

23. Assignment and licences

24. Prospective ownership of copyright

25. Rights of exclusive licensee

26. Copyright in manuscript passes under will

27. Moral rights, etc. not assignable

28. Transmission of moral rights, etc. on death

PART V- INFRINGEMENT OF RIGHTS

General Provisions

29. Meaning of “action”

30. Part subject to other provisions

Infringement of Copyright

31. Acts infringing copyright

Remedies of Copyright Owner

32. Action by owner of copyright

33. Order for delivery up in civil proceedings

Remedies of Exclusive Licensee

34. Infringement of rights of exclusive licensee

35. Infringement where rights concurrent

Infringement of Moral Rights and Related Rights

36. Infringement of right to be identified as author or director

37. Infringement of right to object to derogatory treatment of work

38. Infringement by possession of infringing article

39. Acts not infringing section 15

40. False attribution of work: infringement of right

41. Infringement of privacy right in photographs, etc.

42. Effect of consent and waiver of rights

Remedies for Infringement of Moral Rig/us and Related Rights

43. Remedies for infringing moral rights, etc.

Presumptions

44. Presumptions where action relates to literary works, etc.

45. Presumptions where action relates to sound recording, film or

computer program

Offences

46. Penalties in respect of dealings which infringe copyright

47. Presumptions not to apply

48. Order to deliver up in criminal proceedings

Supplementary

49. Application of provisions as to entry etc.

50. Restricting importation of infringing copies

PART VI - EXCEPTIONS TO INFRINGEMENT OF COPYRIGHT

Preliminary

51. Definition of “sufficient acknowledgment”

General Exceptions

52. Research and private study

53. Criticism, review and reporting

54. Determining fair dealing

55. Incidental inclusion of protected work

Use of Work for Educational Purposes

56. Acts done for purposes of instruction or examination

57. Anthologies for educational use

58. Recording of broadcast, etc. by educational establishments

59. Restriction on reprographic copying by educational establishment

60. Subsequent dealings with authorized copies

Exceptions Affecting Libraries and Archives

61. Interpretation of references; regulations

62. Supply by librarian of copies of published work

63. Supply of copies to other libraries

64. Replacing copies of works

65. Copying of unpublished work

Exceptions Relating to Public Administration

66. Parliamentary and judicial proceedings etc.

67. Public Records

Designs

68. Design documents and models

69. Where design derived from artistic work is exploited

Exception Relating to Works in Electronic Form

70. Transfer of works in electronic form

Miscellaneous Exceptions Relating to Literary

Dramatic, Musical and Artistic Works

71. Anonymous and, pseudonymous literary etc. works

72. Use of notes of recordings of spoken word

73. Reading or recitation in public

74. Representation of artistic works on public display

75. Reconstruction of buildings

76. Subsequent work by same artist

Miscellaneous Exceptions Relating to Sound Recordings,

Films and Computer Programs

77. Making etc., of recordings of musical work previously made or imported

78. Rental of films, etc.

79. Playing of sound recording for purposes of charitable organization

Miscellaneous Exceptions Respecting Broadcasts

and Cable Programmes

80. Incidental recording for purposes of broadcast or cable programme.

81. Recordings of broadcasts for programme control

82. Recording for archival purposes

83. Reception and retransmission of broadcast in cable programme service

84. Recording for purpose of time shifting

Adaptations

85. Adaptations

Prescribed Exceptions

86. Power of Minister to prescribe exceptions to infringement

PART VII- COPYRIGHT LICENSING

Preliminary

87. Interpretation for purposes of Part

88. Licensing schemes to which sections 89 to 94 apply

References and Applications Respecting Licensing Schemes

89. Reference of proposed licensing scheme

90. Reference of existing licensing scheme

91. Further reference of scheme

92. Application for grant of licence in connection with licensing scheme

93. Application for review as to entitlement to licence

94. Effect of order of Tribunal as to licensing scheme

References and Applications Respecting Licences and Licensing Bodies

95. Licences to which sections 96 to 99 apply

96. Reference to Tribunal of proposed licence

97. Reference to Tribunal of expiring licence

98. Tribunal may review order as to licence

99. Effect of order of Tribunal as to licence

Supplementary

100. Matters prescribed for Tribunal

101. Royalty payable for rental of sound recording, etc.

102. Ministerial order in relation to licensing scheme

PART VIII - THE COPYRIGHT TRIBUNAL

103. Establishment of Copyright Tribunal

104. Jurisdiction of Tribunal

105. Regulations relating to proceedings of Tribunal

106. Appeal on point of law

PART IX - RIGHTS IN PERFORMANCES

107. Conferment of rights in performances

Performers’ Rights

108. Consent required for recording etc. of performance

109. Infringement of performer’s rights by use of recording

110. Consent and royalty for adaptation of recording

111. Infringement of performer’s rights by importing, etc. illicit recording

Rights of Person Having Recording Rights

112. Consent required for recording performance subject to exclusive

contract

113 Infringement of recording rights by use of recording

114. Infringement of recording rights by importing, etc. illicit recording

Exceptions to infringement

115. Permitted acts in relation to performances

116. Fair dealing for criticism, etc.

117. Incidental inclusion of performance or recording

118. Acts done to recording or performance for purposes of instruction, etc.

119. Recording of broadcast or cable programme by educational establishment

120. Acts done to performance or recording for Parliamentary proceedings, etc.

121. Transfer of recording of performance in electronic form

122. Use of recordings of spoken words

123. Playing sound recording for charitable purposes

124. Incidental recording for purposes of broadcast or cable programme

125. Recordings for supervision and control of programmes

126. Recording of broadcast etc. for archival purposes

127. Order excepting acts from infringing rights under this Part

128. Tribunal may consent on behalf of performer

Duration and Transmission of Rights in Performances; Consent

129. Duration of rights in performances

130. Transmission of rights in performances

131. Consent

Remedies for Infringement of Rights in Performances

132. Infringement as breach of duty

133. Order for delivery up of illicit recording in civil proceedings

Offences

134. Criminal liability for making, etc. illicit recordings

135. Order for delivery up of illicit recording in criminal proceedings

136. False representation of authority to give consent

PART X - GENERAL

137. Order for disposal of infringing copy or illicit recording

138. Period after which remedy or delivery up not available

139. Time limit for prosecution

140. Powers of members of [Police Force]

141. Restrictions on the entry and search of domestic premises

142. Obstruction of members of the [Police Force]

143. Offences by body corporate

144. Power to apply provisions of Act to other county

145. Denial of copyright or rights in performances

146. International organizations

147. Territorial waters [and exclusive economic zone]

148. Act applies to ships, aircraft registered in State

149. Act binds [Crown] [State]

150. Regulations

151. Repeals

152. Savings

153. Transitional provisions

SCHEDULE

ANTIGUA AND BARBUDA

No. of 2002

BILL FOR

AN ACT to make provision with respect to copyright, to confer rights in

performances on performers and other, to repeal the Copyright Act Cap. 104

and the Copyright Act of 1911 of the United Kingdom in so far as it applies

to Antigua and Barbuda and for related matters.

ENACTED by the Parliament of Antigua and Barbuda as follows –

PART I - PRELIMINARY

Short title 1. (1) This Act may be cited as the Copyright Act, 2002.

and

Commence- (2) The Act shall come into force on a day to be appointed by the Minister

ment. by notice published in the Gazette.

Interpretation. 2. (1) In this Act –

“adaptation” means –

(a) in relation to a literary or dramatic work –

(i) a translation of the work which, as respects a

computer program, includes a version of the

program in which it is convened into or out of a

computer language or code or into a different

computer language or code, otherwise than

incidentally in the course of running the

program;

(ii) a version of a dramatic work in which it is

converted into a non-dramatic work or, as the

case may be, of a non-dramatic work in which it

is convened into a 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;

“article” in the context of an article in a periodical, includes an item of

any description;

“artistic work” means –

(a) a graphic work, photograph, sculpture or collage,

whether the work is of artistic quality or not;

(b) a building or a model of a building, whether the building

or model is of artistic quality or not; or

paragraph (a) nor paragraph (b) applies;

“audiovisual work” is a work that consists of a series of related images

which impart the impression of motion, with or without accompanying

sounds, susceptible of being made visible, and where accompanied by

sounds susceptible of being made audible.

“author” in relation to a work, means the natural person who creates it,

being in relation to –

(a) a literary or dramatic work, the author of the work;

(b) a musical work, the composer;

(d) a photograph, the person taking the photograph;

(e) a sound recording or film, the person by whom the

arrangements necessary for the making of the recording

or film are undertaken;

(f) the typographical arrangement of a published edition, the

publisher;

(g) a broadcast, the person making the broadcast as

described in section 4(2) or, in the case of a broadcast

which relays another broadcast by reception and

immediate retransmission, the person making that other

broadcast;

(h) a cable programme, the person providing the cable

programme service in which the programme is included;

(i) a computer-generated literary, dramatic, musical or

artistic work, the person by whom the arrangements

necessary for the creation of the work are undertaken,

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 the communication of a work a performance or a

phonogram to the public by a transmission by wireless including

transmission by satellite, 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 –

(a) subsequent to the initial transmission, but before

reception by the public, the images or sounds may be

carried on a path provided by a material substance;

(b) the public receiving or capable of receiving the images

or sounds is in a country other than that from which the

original transmission took place; or

sounds, provided only that members of the public could,

if in possession of suitable apparatus, receive them,

and “broadcasting” and “re-broadcasting” have corresponding

meanings;

“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” means any item included in a cable programme

service, and any reference in this Act –

(a) to the inclusion of a cable programme or work in a cable

programme service is a reference to its transmission as

part of the service; and

(b) to the person including 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-

(a) at two or more places (whether for simultaneous

reception or at different times in response to requests by

different users); or

(b) for presentation to members of the public, and which is

not, or to the extent that it is not, excepted by regulations

made under this Act;

“collective work” means a work created by two or more natural persons

at the initiative and under the direction of a natural person or legal entity,

with the understanding that it will be disclosed by the latter person or

entity under his or its own name and that the entity of the contributing

natural persons will not be indicated;

“communication to the public” is the transmission by wire or without

wire of the images or sounds, or both, of a work, a performance, a

phonogram or a broadcast in such a way that the images or sounds can be

perceived by persons outside the normal circle of a family and its closest

social acquaintances at a place or places so distant from the place where

the transmission originates that, without the transmission, the images or

sounds would not be perceivable and, further, irrespective of whether the

persons can receive the images or sounds at the same place and time, or

at different places and/or times individually chosen by them;”

“computer” means an electronic or similar device having information

processing capabilities;

“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 that the computer can read,

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 –

(a) a work that is a literary, dramatic, musical or artistic

work, means a reproduction of the work in any material

form and, in respect of an artistic work, includes a

reproduction in three-dimensions if the artistic work is a

two-dimensional work and a reproduction in two-

dimensions if the artistic work is a three-dimensional

work;

(b) a work that is a film, television broadcast or cable

programme, includes a photograph of the whole or any

substantial part of any image forming part of the film,

broadcast or cable programme;

published edition, means a facsimile copy of the

arrangement; and

(d) any description of work, includes a copy of the work that

is transient or incidental to some other use of the work,

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;

“economic rights” means the rights mentioned in section 9(1);

“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 -

(a) any painting, drawing, diagram, map, chart, or plan; and

(b) any engraving, etching, lithograph, woodcut or similar

work;

“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 –

(a) any copy of the work, the making of which is not

authorized under or by virtue of any provision of this

Act;

(b) any copy of the work that is or is proposed to be

imported into Antigua and Barbuda and its making in

Antigua and Barbuda would have constituted an

infringement of the copyright in the work in question or

a breach of an exclusive licence agreement relating to

that work;

“literary work” means any work, other than a dramatic or musical work,

which is written, spoken or sung, and accordingly includes –

(a) a written table or compilation;

(b) a computer program;

“manuscript” in relation to a work, means the original document

embodying the work whether written by hand or not;

“Minister” means the Minister to whom responsibility of this Act is

assigned.

“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, signs, depicts, delivers, declaims, plays in or otherwise

performs, a literary, dramatic, musical, artistic work or expressions of

folklore; and references to the performer in the contest 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 –

(a) the rights conferred under Part IX, means –

(i) a dramatic performance which includes dance

and mime;

(ii) a musical performance; or

(iii) a reading or recitation of a literary work;

(iv) a performance of a variety act or any similar

presentation, that is, or to the extent that it is, a

live performance, given by one or more

individuals; and

(b) copyright in a literary, dramatic or musical work

includes –

(i) delivery in the case of lectures, addresses,

speeches and sermons;

(ii) any mode of visual acoustic presentation

including presentation by means of a sound

recording, film, broadcast or cable programme

of the work;

“person having recording rights” in relation to a performance means a

person who–

(a) is a party to, and has the benefit of, an exclusive

recording contract to which the performance is subject or

to whom the benefit of such a contract has been

assigned; and

(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;

“photographic work” 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 irrespective of the technique (technical,

electronic or other) by which such recording is made, and which is not

part of a film; a still picture extracted from audiovisual work shall not be

considered a photographic work but a part of the audiovisual work

concerned;

“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”;

“public performance is –

(a) in the case of a work other than an audiovisual work, the

recitation, playing, dancing, acting or otherwise

performing the work, either directly or by means of any

device or process;

(b) in the case of an audiovisual work, the showing of

images in sequence and the making of accompanying

sounds audible; and

sounds audible, in each case at a place or at places where

persons outside the normal circle of a family and its

closest acquaintances are or can be present, irrespective

of whether they are or can be present at the same place

and time, or at different places and/or times, and where

the performance can be perceived without the need for

communication to the public;”

“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”-

(a) in the case of an individual, means a person who is a

citizen of, or whose habitual residence is in, Antigua and

Barbuda or a specified country; and

(b) in the case of a body corporate, means a body

incorporated or established under any written law of

Antigua and Barbuda or a specified country;

“qualifying performance” means a performance that –

(a) is given by an individual who is a qualified person; or

(b) takes place in Antigua and Barbuda or a specified

county;

“record” means any disc, tape, perforated roll or other device in which

sounds on the representations thereof are embodied so as to be capable of

being reproduced there from, 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-

(a) made directly from the live performance;

(b) made from a broadcast of, or cable programme

including, the performance; or

performance;

“rental” means any arrangement under which the transfer of the

possession of the original or a copy of a work or phonogram is made

available-

(a) for payment in money or money’s worth; or

(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;

“reproduction” means the making of one or more copies of a work or

phonogram in any manner or form, including any permanent or

temporary storage of the work or phonogram in electronic form;

“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;

“rights management information” means any information which

identifies the author, the work, the performer, the performance of the

performer, the producer of the sound recording, the sound recording, the

broadcaster, the broadcast, the owner of any right under this Act, or

information about the terms and conditions of use of the work, the

performance, the sound recording or the broadcast, and any numbers or

codes that represent such information, when any of these items of

information is attached to a copy of a work, a fixed performance, a sound

recording or a fixed broadcast, or appears in connection with the

broadcasting, communication to the public or making available to the

public of a work, a fixed performance, a sound recording or a broadcast;”

“sculpture” includes a cast or model made for purposes of sculpture;

“sound recording” means -

(a) a recording of sounds or of a representation of sounds

from which sounds may be reproduced; or

(b) a recording of the whole or any part of a literary,

dramatic or musical work from 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-

(a) if copyright subsists in the work, done otherwise than by

or with the licence of the owner of the copyright;

(b) if copyright does not subsist in the work, done otherwise

than by or with the licence of the author or person

lawfully claiming under him;

“wireless telegraphy” means the sending of electromagnetic energy over

paths not provided by a material substance constructed or arranged for

that purpose;

“work” means-

(a) a literary, dramatic, musical or artistic work;

(b) a sound recording, film, broadcast or cable programme;

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; provided

the work does not qualify under collective work.

“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) For the purposes of this Act and subject to this section publication in

relation to a work means the issue of copies of the work to the public

(whether by way of sale or otherwise) and, 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) For the purposes of this Act “commercial publication” in relation to a

literary, dramatic, musical or artistic work means-

(a) issuing copies of the work to the public at a time when

copies made in advance of the receipt of orders are

generally available to the public; or

(b) making the work available to the public by means of an

electronic retrieval system,

and related expressions shall be construed accordingly.

(3) In the case of a work of architecture in the form of a building or an

artistic work incorporated in a building, construction of the building shall

be treated as equivalent to publication of the work.

(4) The following do not constitute publication for the purposes of this Act-

(a) in case of a literary, dramatic or musical work –

(i) the performance of the work; or

(ii) the broadcasting of the work or its inclusion in a

cable programme service (otherwise than for the

purposes of an electronic retrieval system);

(b) in the case of an artistic work-

(i) the exhibition of the work;

(ii) the issue to the public of copies of a graphic

work representing, or of photographs of a work

of architecture in the form of a building or a

model for a building a sculpture or a work of

artistic craftsmanship;

(iii) the issue to the public of copies of a film

including the work; or

(iv) the broadcasting of the work or its inclusion in a

cable programme service (otherwise than for the

purposes of an electronic retrieval system);

(i) the playing or showing of the work in public; or

(ii) the broadcasting of the work or its inclusion in a

cable programme service.

(5) A publication that is merely colourable and is not intended to satisfy the

reasonable requirements of the public shall be disregarded for the

purposes of this Act except in so far as it may constitute an infringement

of copyright or rights conferred on performers or persons having

recording rights or may constitute an offence under this Act.

(6) For the purposes of this Act a publication in Antigua and Barbuda or in

any other country shall not be treated as being other than the first

publication by reason only of an earlier publication elsewhere, if the two

publications took place within a period of not more than thirty days.

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

(a) whether a work has been published;

(b) whether a publication of a work was the first publication

of the work; or

the lifetime of a person,

any unauthorized publication or the doing of any other

unauthorized act shall be disregarded.

Lawful 4. (1) In relation to the broadcast of a work, an encrypted transmission shall be

reception of regarded as capable of being lawfully received by members of the public

broadcast. 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.

(2) References in this Act to the person making a broadcast, broadcasting a

work or including a work in a broadcast are references -

(a) to the person transmitting the programme to the extent

that he has responsibility for its contents; and

(b) to any person providing the programme who makes with

the person transmitting it, the arrangements necessary

for its 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

Protected Work

Requirements 5. (1) Unless otherwise specifically provided in this Act, copyright does not

for protection. subsist in any work unless it satisfies the requirements specified in this

Part as respects -

(a) the category of work; and

(b) either –

(i) the qualification of the author; or

(ii) the country or place of first publication, or in the

case of a broadcast or cable programme, the

county or place where it is made or from which

it is sent, as the case may be.

(2) If the requirements of this Part or of section 146 are once satisfied in

respect of a work, copyright does not cease to subsist by reason of any

subsequent event.

Category of 6. (1) Copyright is a property right which, subject to the provisions of this

eligible works. section, may subsist in the following categories of work –

(a) original literary, dramatic, musical or artistic works;

(b) sound recordings, films’ broadcasts or cable

programmes;

and copyright may subsist in a work irrespective of its quality or

the purpose for which it was created.

(2) A compilation of data or other material (database), whether in machine-

readable or other form, is eligible for protection as a literary work, but

such compilation shall be regarded as original only if, by reason of the

selection or arrangement of its contents, the compilation constitutes the

author’s own intellectual creation; but such protection does not extend to

any data or other material forming part of the compilation and is without

prejudice to any copyright subsisting in any such data or other material.

(3) A literary, dramatic or musical work including a collection of

expressions of folklore (provided that such collections are original by

reason of the selection or arrangement of their content) shall not be

eligible for copyright protection unless it is recorded in writing or

otherwise, and any reference in this Act to the time at which a work is

made is a reference to the time at which it is so recorded.

(4) For the purposes of subsection (3), it is immaterial whether the work is

recorded by or with the permission of the author; and where it is not

recorded by the author, nothing in that subsection shall affect the

question whether copyright subsists in the record of the work as distinct

from the work recorded.

(5) Copyright does not subsist in a sound recording or film which is, or to

the extent that it is, a copy taken from a previous sound recording or

film.

(6) Copyright does not subsist in a broadcast which infringes, or to the

extent that it infringes, the copyright in another broadcast or in a cable

programme.

(7) Copyright does not subsist in a cable programme-

(a) if it is included in a cable programme service by

reception and immediate re-transmission of a broadcast;

(b) if it infringes, or to the extent that it infringes, the

(8) Copyright does not subsist in the typographical arrangement of a

published edition if, or to the extent that it reproduces the typographical

arrangement of a previous edition.

(9) Copyright protection does not extend to-

(a) an idea, concept, method of operation, process, principle,

procedure, system or discovery or mere data even if

expressed, described, explained, illustrated or embodied

in a work;

(b) any official text of a legislative, administrative or legal

nature as well as any official translation thereof.

Qualification 7. (1) A work qualifies for copyright protection if the author was a qualified

for protection: person at the material time.

author.

(2) A work of joint authorship qualifies for copyright protection if any of

the authors satisfies the requirement of subsection (1), so, however, that

where a work qualifies for copyright protection only under this section,

only those authors who satisfy such requirement shall be taken into

account for the purposes of sections 9 and 22.

(3) In this section ‘the material time” means in relation to-

(a) an unpublished literary, dramatic, musical or artistic

work, when the work was made or, if the work extended

over a period, a substantial part of that period;

(b) a published literary, dramatic, musical or artistic work,

when the work was first published or, if the author had

died before that time, immediately before his death;

(d) a broadcast, when the broadcast was made;

(e) a cable programme, when the programme was included

in a cable programme service;

(f) the typographical arrangement of a published edition,

when the edition was first published.

Qualification 8. (1) A literary, dramatic, musical or artistic work, a sound recording or film,

for protection: or the typographical arrangement of a published edition qualifies for

place of copyright protection if, having regard to section 3, it is first published in

publication Antigua and Barbuda or a specified country.

etc.

(2) A broadcast qualifies for copyright protection if it is made from a place

in Antigua and Barbuda or a specified country by a broadcasting

organization in possession of a valid licence granted to it under any law

in Antigua and Barbuda or a specified country regulating broadcasting.

(3) A cable programme qualifies for copyright protection if it is sent from a

place in Antigua and Barbuda or in a specified country in accordance

with the law in force regulating transmission by cable.

Nature of 9. (1) By virtue of and subject to the provisions of this Act, the owner of the

protection other persons to do any of the following acts in Antigua and Barbuda

economic

and moral (a) to copy the work;

rights.

(b) to issue copies of the work to the public by sale, rental

public lending or otherwise of original or copy of the

work that has not already been subject to distribution

authorized by the owner of the copyright;

audio visual work, a work embodied in a phonogram, a

computer programme, a database or musical work in the

form of notation irrespective of the original or copy

concerned;

(d) to perform the work in public or, in the case of a sound

recording, film broadcast or cable programme, to play or

show the work in public;

(e) to broadcast the work or include it in a cable programme

service; or

(f) to make an adaptation of the work arrangement or other

transformation and, in relation to such adaptation, to do

any or all of the foregoing acts;

(g) to make a public display of the original or copy of the

work;

(h) other communication to the public of the work.

(2) For the purposes of subsection (1) references to the doing of any act in

relation to any work means the doing of the act –

(a) in relation to the whole or any substantial part of the

work; and

(b) either directly or indirectly,

and it is immaterial whether any intervening acts themselves

infringe copyright.

(3) By virtue of and subject to the provisions of this Act -

(a) the author of a literary, dramatic, musical or artistic work

that is a protected work; or

(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 Protection

Duration of 10. (1) Subject to this section, copyright in any literary, dramatic, musical or

in literary, of the calendar year in which the author dies.

etc. works.

(2) Where the authorship of a work referred to in subsection (1) is unknown,

the end of the calendar year in which the work was either made, was first

made available to the public or first published whatever date is the latest,

but subsection (1) applies if the identity of the author becomes

known during that period.

(3) For the purpose of subsection (2) acts which constitute the making

available of a work to the public include –

(a) in relation to a literary, dramatic or musical work, the

performance of the work in public or is broadcast or

inclusion in a cable programme service;

(b) in relation to an artistic work, exhibition of the work in

public or its inclusion in a film shown to the public or in

a broadcast or cable programme service,

so, however, that in determining for the purpose of this

subsection whether a work has been made available to the public

any unauthorized act shall be disregarded.

(4) Subsections (1) and (2) do not apply to computer generated work, the

the end of the calendar year in which the work was made or published

within fifty years from the making, whichever date is the latest.

(5) In relation to a work joint authorship –

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

shall be construed -

(i) where the identity of all the authors is known, as

a reference to the death of the last of them to die;

(ii) where the identity of one or more of the authors

is known and the identity of one or more others

is not as a reference to the death of the last of the

authors whose identity is know; and

(b) the reference in subsection (2) to the identity of the

author becoming known, shall be construed as a

reference to the identity of any of the authors becoming

known.

(6) This section does not apply to copyright which subsists by virtue of

section 146.

Duration of 11. (1) Copyright in a sound recording or film expires at the end of the period of

sound where it is made available to the public or published before the end of the

recordings years from the end of the calendar year in which it is so made available

and films. or published whichever date is the latest.

(2) For the purposes of subsection (1) a sound recording or film is made

available to the public when -

(a) it is first published, broadcast or included in a cable

programme service;

(b) in the case of a film or film sound-track, the film is first

shown in public,

but determining whether a sound recording or film has been

made available to the public, any unauthorized act shall be

disregarded.

Duration of 12. (1) Copyright is a broadcast or cable programme expires at the end of the

broadcasts broadcast was made or the programme included in a cable programme

and cable service.

programmes.

(2) Copyright in a repeat broadcast or a repeat cable programme expires at

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

and accordingly, no copyright arises in respect of a repeat broadcast or a

repeat cable programme service after the expiry of the copyright in the

original broadcast or cable programme.

(3) Reference in subsection (2) to a repeat broadcast or a repeat programme

means one which is a repeat of a broadcast previously made or as the

case may be, of a cable programme previously included in a cable

programme service.

Duration of 13. Copyright in the typographical arrangement of a published edition expires at

typographical which the edition was first published.

arrangements.

PART III – MORAL RIGHTS

Identification with Work

Right to be 14. (1) Subject to subsection (9) and to such exceptions as may be specified in

identified as or pursuant to any other provision of this Act, the author of a literary,

author etc. 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 by name as the author or, as the case may be, director of the

work in the circumstances specified in this section.

(2) The author of a literary work (other than words intended to be sung or

spoken with music) or a dramatic work has the right to be identified by

name as such whenever –

(a) the work or an adaptation thereof is published

commercially, performed in public broadcast,

communicated to the public or included

in a cable programme service; or

(b) copies of a film or sound recording including the work

or an adaptation thereof are issued to the public.

(3) The author of a musical work or a literary work consisting of words

intended to be sung or spoken with music, has the right to be identified

by name as such whenever –

(a) the work or an adaptation thereof is published

commercially;

(b) copies of a sound recording of the work or an adaptation

thereof are issued to the public; or

shown in public or copies of such film are issued to the

public.

(4) The author of an artistic work has the right to be identified by name as

such whenever –

(a) the work is published commercially or exhibited in

public or a visual image of it is broadcast, communicated

to the public or included in a cable programme service;

(b) a film including a visual image of the work is shown in

public or copies of such a film are issued to the public;

building or a model for a building, a sculpture or a work

of artistic craftsmanship, copies of a graphic work

representing it or of a photograph of it, are issued to the

public.

(5) In addition to the right specified in paragraph (c) of subsection (4), the

author of a work of architecture in the form of a building has the right to

be identified by name on the building as constructed or, where more than

one building is constructed to the design, on the first to be constructed.

(6) The director of a film has the right to be identified by name as such

whenever the film is shown in public, broadcast, communicated to the

public or included in a cable programme service or copies of the film are

issued to the public.

(7) The right of an author or director under this section is -

(a) in the case of commercial publication or the issue to the

public of copies of a film or sound recording, to be

identified in or on each copy or, if that is not

appropriate, in some other manner likely to bring his

identity to the notice of a person acquiring a copy;

(b) in the case of identification on a building, to be

identified by appropriate means visible to persons

entering or approaching the building; and

bring his identity to the attention of a person seeing or

hearing the performance, exhibition, film, broadcast,

communicated to the public or cable programme in

question,

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.

(9) Except as may otherwise be explicitly provided by contract, the right

conferred by this section does not apply in relation to-

(a) a computer program, the design of a typeface or a

computer-generated work;

(b) any work made for the purpose of reporting current

events;

periodical or in an encyclopaedia, dictionary, yearbook

or other collective work of’ reference, of a literary,

dramatic, musical or artistic work made for the purposes

of such publication or made available with the consent

of the author for purposes of such publication;

(d) a work in which copyright originally vested in an

international organization by virtue of section 146,

unless the author or director has previously been

identified as such in or on published copies of the work.

(10) For the purpose of this section the right to be identified includes a right

not to be identified and the right to use a pseudonym.

Objection to Treatment of Work

Right to 15. (1) Subject to subsections (2) and (3) and to such exceptions as may be

object to specified in or pursuant to any other provision of this Act, the author of a

derogatory literary dramatic, musical or artistic work that is a protected work and the

treatment director of a film that is a protected work have, respectively, the right not

of work. 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 of so specified.

(2) The right does not apply in relation to -

(a) a computer program or to a computer-generated work;

(b) fair dealing with any work made for the purpose of

reporting current events;

periodical or in an encyclopaedia, dictionary, yearbook

or other collective work of reference, of a literary,

dramatic musical or artistic work made for the purposes

of such publication, or made available with the consent

of the author for the purposes of such publication,

subject, in any particular case, to any agreement

excluding the operation of the foregoing provisions of

this paragraph to that case;

(d) any subsequent publication elsewhere of such work as is

referred to in paragraph (c), subject to any such

agreement as is referred to in that paragraph.

(3) The right does not apply to anything done by or with the authority of

the copyright owner in relation to works in which copyright originally

vested in an international organization by virtue of section 146 unless the

author or director-

(a) is identified at the time of the relevant act; or

(b) has previously been identified in or on published copies

of the work, 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 modification of, or is otherwise prejudicial to the

honour or reputation of the author or director, as the case

may be; and

(b) “sufficient disclaimer” means a clear and reasonably

prominent indication -

(i) given at the time of the act; and

(ii) if the author or director is then identified,

appearing along with the identification,

that the work has been subjected to treatment to which

the author or director has not consented.

False 16. (1) A person has the right -

attribution

of work. (a) not to have a literary, dramatic, musical or artistic work

falsely attributed to him as author; and

(b) not to have a film falsely attributed to him as director,

and in this section “attribution”, in relation to such work,

means a statement, whether express or implied, as to the

identity of the author or director.

(2) The right conferred by subsection (1) is infringed in the circumstances

specified in section 40.

Right to 17. Subject to section 41, a person who for private and domestic purposes

privacy of commissions the taking of a photograph or the making of a film has, where the

photographs resulting work is a protected work, the right not to have-

and films.

(a) copies of the work issued to the public;

(b) the work exhibited or shown in public; or

Supplementary

Duration of 18. (1) The rights conferred by sections 14, 15 and 17 subsists so long as

moral rights copyright subsists in the work.

and related

rights. (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 19. (1) A person having a right conferred under this Part may consent to the

waiver of doing of any act affecting such right or may waive the right.

rights.

(2) A right to which subsection (1) refers may be waived by instrument in

writing signed by the person giving up the right, and the waiver –

(a) may relate to works generally or to a specific work or

class of works and may relate to existing or future

works; and

(b) may be conditional or unconditional and may be

expressed to be subject to revocation.

(3) Where a waiver is made in favour of the owner or prospective owner

of the copyright in the work or works, to which it relates, it shall be

presumed to extend to his licensees and successors in title, unless a

contrary intention is expressed.

(4) Nothing in this Part shall be construed as excluding the operation of the

general law of contract or estoppel in relation to an informal waiver or

other transaction in relation to any of the rights to which this Part relates.

Application 20. (1) The right conferred under section 14 is, in the case of a work of joint

of provisions authorship, a right of each joint author to be identified as a joint author.

to joint

works. (2) The right conferred by section 15 is, in the case of a work of joint

authorship, a right of each joint author and his right is satisfied if he

consents to the treatment in question.

(3) A waiver of rights under section 19 by one joint author does not affect

the rights of the other joint authors.

(4) Subsections (1), (2) and (3) also apply, with such modifications as are

necessary, in relation to a film which was, or is alleged to have been,

jointly directed as they apply to a work which is, or alleged to be, a work

of joint authorship; and for the purpose of this subsection, a film is

“jointly directed” if it is made by the collaboration of two or more

directors and the contribution of each director is not distinct from that of

the other director or directors.

(5) The right conferred by section 17 is, in the case of a work made in

pursuance of a joint commission, a right of each person who

commissioned the making of the work, so that -

(a) the right of each is satisfied if he consents to the act in

question; and

(b) a waiver under section 19 by one of them does not affect

the rights in the others.

Application 21. The rights conferred by –

of provisions

to parts of (a) sections 14 and 17 apply in relation to the whole or any

work. 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

Ownership 22. (1) The author of a protected work is the original owner of any copyright in

of copyright. that work.

(2) Subsection (1) does not apply to ownership of copyright which subsists

in a work made under section 146.

(3) The joint authors of a protected work are the original co-owners of the

(4) Where a work of joint authorship consists of parts that can be used

separately and the author of each part can be identified, the author of

each part is the original owner of the part of the copy he has created.

(5) The natural person or legal entity at whose initiative and direction of

whom or which the work has been created is the original owner of the

(6) The original owner of work created by natural person or a legal entity in

the course of his employment is, unless otherwise provided in a contract,

of the employer.

(7) The original owner of an audiovisual work is the producer unless

otherwise provided in a contract.

Assignment 23. (1) Copyright in a work may be transferred as personal or moveable property

and licences. by –

(a) assignment;

(b) testamentary disposition; or

(2) Any transfer by way of assignment and any licence to do an Act subject

to the authorization by the author or owner of a copyright shall not be

effective unless it is in writing and signed by or on behalf of the assignor

or the licensor and the licensee.

(3) An assignment or other transfer of copyright may be partial, that is to

say, limited so as to apply-

(a) to one or more, but not all, of the things the owner of the

(b) to part, but not the whole, of the period for which

(4) A licence granted by the owner of copyright in a work shall be binding

on every successor in title to his interest in copyright 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 owner of the copyright shall be construed accordingly.

(5) Any assignment of a copyright or a licence to do an act subject to

authorization by the author or the owner of a copyright does not include

or be deemed to include the assignment or license of any other right that

is not specifically referred to in the instrument of assignment.

Prospective 24. (1) Where by an agreement made in relation to future copyright, and signed

ownership of by or on behalf of the prospective owner of the copyright, the

partially) to another person, then, if on the coming into existence of the

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.

Rights of 25. (1) The licensee under an exclusive licence has the same rights against a

exclusive successor in title who is bound by the licence as he has against the person

licensee. granting the licence.

manuscript beneficially or otherwise, to –

passes under

will. (a) an original document or other material thing that records

or embodies a literary, dramatic, musical or artistic work

which was not published before the death or the testator;

(b) an original material thing containing a sound recording

or film which was not published before the death or the

testator,

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

the copyright immediately before his death.

Moral 27. The rights conferred under Part III are not assignable during the life of the

rights not author.

assignable.

Transmission 28. (1) On the death of a person entitled to the right conferred by section 14, 15

of moral or 17 –

rights etc.

on death. (a) the right passes to such person as he may by

testamentary disposition specifically direct; or

(b) if there is no such direction but the copyright in the work

in question forms part of his estate, the right passes to

the person to whom the copyright passes,

and if, or to the extent that, the right does not pass under

paragraph (a) or (b), it is exercisable by his personal

representatives.

(2) Where copyright forming part of a person’s estate passes in part to one

person and in part to another any right which passes with the copyright

by virtue of subsection (1) is correspondingly divided.

(3) Where by virtue of paragraph (a) or (b) of subsection (1) a right becomes

exercisable by more than one person, then –

(a) where the right is conferred by section 15 or 17, it is a

right exercisable by each of them and is satisfied in

relation to any of them if he consents to the treatment or

act in question; and

(b) any waiver of the right in accordance with section 19 by

one of them does not affect the rights of the others.

(4) A consent or waiver previously given binds any person to whom a right

passes by virtue of subsection (1).

(5) Any infringement after a person’s death of the right conferred by section

16 is actionable by his personal representatives.

(6) Any damages recovered by personal representatives by virtue of this

section in respect of an infringement after a person’s death shall devolve

as part of his estate as if the right of action had subsisted and been vested

in him immediately before his death.

PART V - INFRINGEMENT OF RIGHTS

General Provisions

Meaning of 29. In this Part “action” includes a counterclaim and references to the plaintiff and to

“action”. the defendant in an action shall be construed accordingly.

Part subject 30. This Part shall have effect subject to such provisions of this Act as –

to other

provisions. (a) authorize the doing of specified acts in relation to a protected

work; or

(b) provide for the licensing of a protected work.

Infringement of Copyright

Acts 31. (1) The copyright in a work is infringed by any person who, without the

infringing licence of the copyright owner, does, in relation to that work, any of the

section 9.

(2) Copyright in a work is infringed by a person who, without the licence of

the copyright owner, imports into Antigua and Barbuda for any purpose

other than for his private and domestic use, an article which he knows or

has reason to believe is, an infringing copy of the work.

(3) Copyright in a work is infringed by a person who, without the licence of

the copyright owner -

(a) possesses in the course of a business;

(b) sells or lets for hire or offers or exposes for sale or hire;

business; or

(d) distributes otherwise than in the course of a business, to

such an extent as to affect prejudicially the copyright

owner,

an article which is, and which be knows or has reason to believe

is an infringing copy of the work.

(4) Copyright in a work is infringed by a person who, without the licence

of the copyright owner –

(a) makes;

(b) imports into Antigua and Barbuda;

(d) sells or lets for hire or offers for sale or hire,

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.

(6) Copyright in a work is infringed by a person who, without the licence of

the copyright owner, transmits the work by means of a

telecommunications system (otherwise than by broadcasting or inclusion

in a cable programme service) knowing or having reason to believe that

infringing copies of the work will be made by means of the reception of

the transmission in Antigua and Barbuda or elsewhere.

(7) Where the copyright in a literary, dramatic or musical work is infringed

by a performance at a place of public entertainment, any person who

gave permission for that place to be used for the performance is also

liable for the infringement unless when he gave permission he believed

on reasonable grounds that the performance would not infringe

(8) Where copyright in a work is infringed by a public performance of the

work or by the playing or showing of the work in public by means of

apparatus for playing sound recordings or showing films or receiving

visual images or sounds conveyed by electronic means, the persons

specified in subsection (8) are also liable for the infringement.

(9) The persons referred to in subsection (7) are –

(a) persons who supplied the apparatus or any substantial

part of it, if when he supplied the apparatus or part -

(i) he knew or had reason to believe that the

apparatus was likely to be so used as to infringe

(ii) in the case of apparatus whose normal use

involves a public performance, playing or

showing, he did not believe on reasonable

grounds that it would not be so used as to

infringe copyright;

(b) an occupier of premises who gave permission for the

apparatus to be brought onto the premises, if when he

gave permission he knew or had reason to believe that

the apparatus was likely to be so used as to infringe

film used to infringe copyright, if when he supplied it he

knew or had reason to believe that what he supplied or a

copy made directly or indirectly from it, was likely to be

so used as to infringe copyright.

Remedies of Copyright Owner

Action by 32. (1) An infringement of copyright shall be actionable at the suit of the

owner of copyright owner, and subject to the provisions of this section, in any

injunction, accounts or otherwise, shall be available to the plaintiff as is

available in respect of the infringement of other proprietary rights.

(2) Where in an action under this section an infringement of copyright is

proved or admitted the court, having regard to any benefit accruing to the

defendant by reason of the infringement, to the flagrancy of the

infringement and to all other material considerations, shall have power to

award such additional damages as the court may consider appropriate in

the circumstances.

(3) Where in an action for infringement of copyright it is shown that at the

time of the infringement the defendant did not know and had no reason

to believe that copyright subsisted in the work to which the action

relates, then, the plaintiff is not entitled to damages against him, but

without prejudice to any other remedy.

Order for 33. (1) Subject to the provisions of this section and section 35 (6), where a

delivery up person –

in civil

proceedings. (a) in the course of his business has an infringing copy of a

work in his possession, custody or control; or

(b) has in his possession, custody or control an article

specifically designed or adapted for making copies of a

particular protected work, knowing or having reason to

believe that it has been or is being used to make

infringing copies,

the copyright owner may apply to the court for an order that the

infringing copy or article be delivered up to him or to such other

person as the court may direct.

(2) An application under subsection (1) shall not be made after the end of the

period specified in section 138 (1); and no order shall be made unless the

court also makes, or it appears to the court that there are grounds for

making, an order under section 137 for the disposal of the infringing

copy or article, as the case may be.

(3) A person to whom an infringing copy or other article is delivered up

pursuant to an order made under this section shall, if an order under

section 137 is not made, retain it pending the making of an order or the

decision not to make an order, under that section.

Remedies of Exclusive Licensee

Infringement 34. An exclusive licensee has, except against the copyright owner, the same rights

of rights of and remedies in respect of matters occurring after the grant of the licence as if the

exclusive licence had been an assignment.

licensee.

Infringement 35. (1) The rights and remedies of an exclusive licensee are concurrent with

where rights those of the copyright owner and references in the relevant provisions of

concurrent. this Act to the copyright owner shall be construed accordingly.

(2) In an action brought by an exclusive licensee by virtue of this section,

defendant may avail himself of any defence which would have been

available to him if the action had been brought by the copyright owner.

(3) Where an action for infringement of copyright is brought by the

(wholly or partly) to an infringement in respect of which they have

concurrent rights of action, the copyright owner or the exclusive licensee,

as the case may be, shall not be entitled, except with the leave of the

court, to proceed with action, unless the other party is either joined as a

plaintiff in the action or added as a defendant; but this subsection shall

not affect the granting of an interlocutory injunction on the application of

either of them.

(4) A copyright owner or exclusive licensee who is added as a defendant in

pursuance of subsection (2) is not liable for any costs in the action unless

he takes part in the proceedings.

(5) Where an action for infringement of copyright is brought which relates

(wholly or partly) to an infringement in respect of which the copyright

owner and an exclusive licensee have or had concurrent rights of action,

then, whether or not the copyright owner and the exclusive licensee are

both parties to the action, the court -

(a) shall, in assessing damages take into account the terms

of the licence and any pecuniary remedy already

awarded or available to either of them in respect of the

infringement;

(b) shall not direct an account of profits if an award of

damages has been made or an account of profits has

been directed in favour of the other of them in respect of

the infringement; and

profits between them as the court considers just, subject

to any agreement between them.

(6) The copyright owner shall notify any exclusive licensee having

concurrent rights before applying under section 33 for an order for the

delivery up of infringing copies of a work, and the court may, on the

application of the licensee, having regard to the terms of the licence,

make such order under section 33 as it thinks fit.

Infringement of Moral Rights and Related Rights -

Infringement 36. (1) Subject to subsection (2), the right conferred by section 14 is infringed

of right to be by any person who fails to identify the author of a work or the director of

identified as a film whenever any action specified in that section occurs in relation to

author or that work or film.

director.

(2) The following acts shall not constitute an infringement of the right

conferred by section 14 in relation to a work to the extent that such acts

are permitted under Part VI in relation to the work-

(a) fair dealing with the work for the purposes of criticism,

review or the reporting of current events by means of a

sound recording, film, broadcast or cable programme;

(b) the incidental inclusion of the work in an artistic work,

sound recording, film, broadcast or cable programme;

(d) acts done for the purposes of parliamentary or judicial

proceedings or proceedings of a statutory inquiry;

(e) the use of design documents and models;

(f) the use of a design derived from artistic work;

(g) acts permitted in relation to anonymous or

pseudonymous works on the assumption that copyright

in the work has expired or that the author is dead.

Infringement 37. (1) The right conferred on an author and a director by section 15 to object to

of right to derogatory treatment of his work is infringed where the acts described in

object to subsections (2) to (5) are done in relation to that work; and for the

derogatory purposes of this Part, “derogatory treatment” has the same meaning as

treatment that specified in section 15(4).

of work.

(2) In the case of a literary, dramatic or musical work, the right is infringed

by a person who-

(a) publishes commercially, performs in public, broadcasts,

communicated to the public or includes in a cable

programme service, a derogatory treatment of the work;

(b) issues to the public copies of a film or sound recording

of or including a derogatory treatment of the work.

(3) In the case of an artistic work, the right is infringed by a person who-

(a) publishes commercially or exhibits in public a

derogatory treatment of the work, or broadcasts or

includes in a cable programme service a visual image of

a derogatory treatment of the work;

(b) shows in public a film including a visual image of a

derogatory treatment of the work or issues to the public

copies of such a film; or

model for a building or in the case of a sculpture or work

of artistic craftsmanship, issues to the public copies of a

graphic work representing, or of a photograph of, a

derogatory treatment of the work.

(4) Subsection (3) does not apply to a work of architecture in the form of a

building; but where the author of such a work is identified on the

building and it is the subject of derogatory treatment, he has the right to

require the identification to be removed.

(5) In the case of a film, the right is infringed by a person who –

(a) shows in public, broadcasts or includes in a cable

programme service a derogatory treatment of the film; or

(b) issues to the public copies of a derogatory treatment of

the film, or who, along with the film, plays in public,

broadcasts it, communicated to the public or includes in

a cable programme service, or issues to the public copies

of, a derogatory treatment of the film sound-track.

Infringement 38. (1) The right conferred by section 15 is also infringed by a person who –

by possession

of infringing (a) possesses in the course of a business; or

article.

(b) sells or lets for hire or offers or exposes for sale or hire;

distributes;

(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.

(2) An “infringing article” means a work or a copy of a work which-

(a) has been subjected to derogatory treatment as defined in

section 15; and

(b) has been or is likely to be the subject of any of the acts

mentioned in sections 37 in circumstances infringing

that right.

Act not 39. (1) The right conferred by section 15 is not infringed by any act done for the

infringing purpose of -

section 15.

(a) avoiding the commission of an offence; or

(b) complying with a duty imposed by or under an

enactment,

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 –

(a) given at the time of the act; and

(b) if the author or director is then identified, appearing

along with the identification,

that the work has been subjected to treatment to which the author

or director has not consented.

False 40. (1) Subject to the provisions of this section, the right conferred on a person

attribution by section 16 not to have a literary, dramatic, musical or artistic work

of work: falsely attributed to him as author or a film falsely attributed to him as

infringement director, is infringed by a person who-

of right.

(a) issues to the public copies of a work of any of those

descriptions in or on which there is a false attribution;

(b) exhibits in public an artistic work or a copy of an artistic

work in or on which there is a false attribution.

(2) The right is also infringed by a person who –

(a) in the case of a literary, dramatic or musical work,

performs the work in public, broadcasts it,

communicated to the public or includes it in a cable

programme service as being the work of a person; or

(b) in the case of a film, shows it in public, broadcasts it, or

communicated to the public includes it in a cable

programme service as being directed by a person,

knowing or having reason to believe that the attribution

is false.

(3) The right is also infringed by any person who issues to the public or

displays in public any material containing a false attribution in

connection with any act referred to in subsection (1) or (2).

(4) The right is also infringed by a person who, in the course of a business –

(a) possesses or deals with a copy of a work referred to in

subsection (1) in or on which there is a false attribution;

(b) in the case of an artistic work., possesses or deals with

the work itself when there is a false attribution in or on

it,

knowing or having reason to believe that there is an attribution

and that it is false.

(5) In the case of an artistic work, the right is also infringed by a person who

in the course of a business-

(a) deals with a work which has been altered after the author

parted with possession of it as being the unaltered work

of the author; or

(b) deals with a copy of such a work as being a copy of the

unaltered work of the author,

knowing or having reason to believe that such is not the case.

(6) References in this section to dealing are to selling or letting for hire,

offering or exposing for sale or hire, exhibiting in public or distributing.

(7) This section applies where a work is falsely represented as being an

adaptation of the work of a person as it applies where the work is falsely

attributed to a person as author.

Infringement 41. The right conferred by section 17 in relation to a commissioned photograph or

of privacy film is infringed by a person who does or authorizes the doing of any act

right in mentioned in that section in relation to that work; but the right is not infringed by

photographs etc. any act which, pursuant to Part VI, would not infringe copyright in the work.

Effect of 42. It is not an infringement of any right conferred by section 14, 15, 16 or 17 to

consent and do any act to which the person entitled to the right has consented pursuant to

waiver of section 19 or in respect of which he has given a waiver pursuant to that section.

rights.

Remedies for infringement of Moral Rights and Related Rights

Remedies 43. (1) The infringement of a right conferred under section 14, 15, 16 or 17 is

for infringing actionable as a breach of statutory duty owed to the person entitled to the

moral rights right.

etc.

(2) In an action for infringement of the right conferred by section 15, the

court may, if it thinks it an adequate remedy in the circumstances, grant

an injunction on terms prohibiting the doing of any act unless a

disclaimer is made on such terms and in such manner as may be

approved by the court, dissociating the author or director from the

treatment of the work.

(3) Where in any action an infringement of a right referred to in subsection

(1) is proved or admitted, the court may order the defendant to publish

such correction in such term and in such manner as the court may direct.

Presumptions

Presumptions 44. (1) In an action brought by virtue of this Part with respect to a literary,

where action dramatic, musical or artistic work, the presumptions specified in this

relates to section shall apply.

literary

works, etc.

(2) Where a name purporting to be that of the author appeared on the

work when it was made or on copies of the work as published, it shall be

presumed that the person whose name appeared is the author of the work

and also the owner of the copyright in the work, until the contrary is

proved.

(3) Subsection (2) applies to pseudonym, where the pseudonym leaves no

doubt as to the identity of the author.

(4) In the case of a work alleged to be a work of joint authorship, subsection

(2) applies in relation to each person alleged to be one of the authors.

(5) Where no name purporting to be that of the author appeared as

mentioned in subsection (2) but –

(a) pursuant to section 8(1), the work qualifies for copyright

protection by virtue of the country of first publication;

and

(b) a name purporting to be that of the publisher appeared

on the copies of the work as first published,

then, it shall be presumed that the person whose name appeared

as the publisher was the owner of copyright at the time of

publication, until the contrary is proved.

(6) Where the author of the work is dead or where the identity of the author

cannot be ascertained by reasonable inquiry, it shall be presumed, until

the contrary is proved –

(a) that the work is an original work; and

(b) that the plaintiff’s allegations as to what was the first

publication of the work and as to the country of first

publication are correct.

Presumptions 45. (1) In an action brought by virtue of this Part with respect to a sound

where action recording, film or computer program, the presumptions specified in this

relates to section shall apply.

sound record-

ing, film or

computer (2) In an action brought by virtue of this Part with respect to a sound

programme. recording, where copies of the recording as issued to the public bear a

label or other mark stating –

(a) that a named person was the owner of copyright in the

recording at the date of issue of the copies; or

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

or in a named country,

the label or mark shall be admissible as evidence of the facts

stated and shall be presumed to be correct until the contrary is

proved.

(3) In an action brought by virtue of this Part with respect to a film, where

copies of the film as issued to the public bear a statement–

(a) that a named person was the author or director of the

film;

(b) that a named person was the owner of copyright in the

film at the date of issue of the copies; or

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.

(4) In an action brought by virtue of this Part with respect to a computer

programme, where copies of the programme are issued to the public in

electronic form bearing a statement –

(a) that a named person was the owner of copyright in the

programme at the date of issue of the copies; or

(b) that the programme was first published in a named

country or that copies of it were first issued to the public

in electronic form in a specified year, the statement shall

be admissible as evidence of the facts stated and shall be

presumed to be correct until the contrary is proved.

(5) The presumptions specified in subsections (2), (3) and (4) apply equally

in an action relating to an infringement alleged to have occurred before

the date on which the copies were issued to the public.

(6) In an action brought by virtue of this Part with respect to a film, where

the film as shown in public, broadcast, communicated to the public or

included in a cable programme service bears a statement –

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

(b) that a named person was the owner of copyright in the

film immediately after it was made,

the statement shall be admissible as evidence of the facts stated

and shall be presumed to be correct until the contrary is proved;

and the presumption applies equally in an action relating to an

infringement alleged to have occurred before the date on which

the film was shown in public, broadcast, communicated to the

public or included in a cable programme service.

Offences

Penalties in 46. (1) Any person who at a time when copyright in a work subsists by virtue of

respect of this Act-

dealings

which infringe (a) makes for sale or hire; or

(b) in the course of a business sells or lets for hire, or offers

or exposes for sale or hire, exhibits in public or

distributes; or

than his private and domestic use; or

(d) distributes otherwise than in the course of a business to

such an extent as to affect prejudicially the owner of the

any article which he knows or has reason to believe is an

infringing copy of that work, commits an offence.

(2) Any person who, at the time when copyright subsists in a work

by virtue of this Act, makes or has in his possession an article

specifically designed or adapted for making copies of that work,

knowing that it is to be used for making infringing copies for

sale or hire or for use in the course of business, commits an

offence.

(3) Any person who causes-

(a) a literary, dramatic or musical work to be performed in

public; or

(b) a sound recording or film to be played, or as the case

may be, shown in public, (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) is liable-

(a) on summary conviction to a fine not exceeding five

thousand dollars or to imprisonment for a term not

exceeding two years or to both such fine and

imprisonment;

(b) on conviction on indictment to a fine not exceeding five

thousand dollars or to imprisonment for a term not

exceeding three years or to both such fine and

imprisonment.

(5) Any person who is guilty of an offence under subsection (2) or (3) is

liable –

(a) on summary conviction to a fine not exceeding two

thousand dollars or to imprisonment for a term not

exceeding two years or to both such fine and

imprisonment;

(b) on conviction on indictment to a fine not exceeding five

thousand dollars or to imprisonment for a term not

exceeding two years or to both such fine and

imprisonment.

(6) Any person who manufactures or imports into Antigua and Barbuda for

sale or rental –

(a) any device or means specifically designed or adopted to

circumvent any device or means intended to prevent or

restrict reproduction of a work, a phonogram or a

broadcast or to impair the quality of copies made;

(b) any device or means that is susceptible to enable or

assist the reception of an encrypted program, which is

broadcast or otherwise communicated to the public

including by satellite, by those who are not entitled to

receive the programme;

commits an offence and is liable on conviction to a fine not

exceeding ten thousand dollars or to a term of imprisonment not

exceeding two years.

(7) Any person who -

(a) removes or alters any electronic rights management

information without authority; or

(b) distributes or imports for distribution, broadcasting,

communication to the public or making available to the

public, without authority, of works performances,

phonograms or broadcasts, knowing or having reason to

know that electronic rights management information has

been removed or altered without authority commits an

offence and is liable on conviction to a fine not

exceeding ten thousand dollars or to a term of

imprisonment not exceeding two years.

Presumptions 47. The presumptions specified in sections 44 and 45 do not apply to proceedings for

not to apply. an offence under section 46, but without prejudice to their application to

proceedings for an order under section 48.

Order to 48. (1) Subject to subsection (2), the court before which proceedings are brought

deliver against a person for an offence under section 46 may, if it is satisfied that

up in criminal at the time of his arrest or charge –

proceedings.

(a) he had in his possession, custody or control in the course

of a business an infringing copy of a protected work; or

(b) he had in his possession, custody or control an article

specifically designed or adapted for making copies of a

particular protected work knowing or having reason to

believe that it had been or was to be used to make

infringing copies,

order that the infringing copy or article be delivered up to the

(2) An order maybe made by the court of its own motion or on the

application of the prosecution and may be made whether or not the

person is convicted of the offence, so, however, that the court shall not

make an order-

(a) after the time specified in section 138, or

(b) if it appears to the court unlikely that any order will be

made under section 137.

(3) An appeal lies to the Court of Appeal from an order made under this

section by a Magistrate’s Court.

(4) A person to whom an infringing copy or other article is delivered up in

pursuance of an order under this section shall retain it pending the

making of an order or the decision not to make an order under section

137.

Supplementary

Application 49. For the purposes of this Part, sections 140 and 141 apply in respect of the entry

of provisions and search of any premises.

re entry etc.

Restricting 50. (1) The owner of the copyright in any published literary, dramatic or musical

importation of work may give notice in writing to the Comptroller of Customs –

infringing

copies. (a) that he is the owner of the copyright in the work; and

(b) that he requests the Comptroller of Customs to treat as

prohibited goods under the Customs Control and

Management Act, No. 7 of 1993 during a period

specified in the notice, printed copies of the work which

are infringing copies.

(2) The period specified in a notice given under subsection (1) shall not

exceed five years and shall not extend beyond the end of the period for

which the copyright may subsist.

(3) The owner of the copyright in a sound recording or film may give notice

in writing to the Comptroller of Customs -

(a) that he is the owner of the copyright in the work;

(b) that infringing copies of the work are expected to arrive

in Antigua and Barbuda at a time and a place specified in

the notice; and

prohibited goods under the Customs Control and

Management Act.

(4) Subject to subsection (5), where a notice has been given in accordance

with this section, the importation into Antigua and Barbuda of goods to

which the notice relates is prohibited; but-notwithstanding anything

contained in the Customs Control and Management Act, No. 7 of 1993,

a person is not liable to any penalty under that Act other than

forfeiture of the goods, by reason that any goods are treated as prohibited

goods by virtue of this section.

(5) The importation of any article by a person for his private and domestic

use is not prohibited under subsection (4).

(6) A person giving a notice under this section shall –

(a) comply with such conditions as the Comptroller of

Customs may by regulations prescribe; and

(b) satisfy such requirements as may be so prescribed in

connection with the giving of the notice, including

requirements relating to -

(i) the form of the notice;

(ii) the furnishing of evidence, whether on giving

notice, or on the importation of the goods, or at

both such times;

(iii) the payment of fees in respect of the notice;

(iv) the giving of security in respect of any liability

or expense which the Comptroller of Customs

may incur in consequence of the notice by

reason of the detention of any article or anything

done to an article detained;

(v) the indemnification of the Comptroller of

Customs against any such liability or expenses,

whether security has been given or not; and

(vi) any incidental or supplementary matters, and the

regulations may make different provisions as

respect different classes of case.

(7) Regulations made under subsection (6) is subject to negative resolution

of the House of Representatives.

PART VI- EXCEPTIONS TO INFRINGEMENT OF COPYRIGHT

Preliminary

Definition of 51. For the purposes of this Part “sufficient acknowledgment” means an

“sufficient acknowledgment identifying the work in question by its title or other description

acknowledge- and identifying the author, unless –

ment”.

(a) in the case of a published work, it is published anonymously or

the author has agreed or required that no acknowledgement of

his name should be made;

(b) in the case of an unpublished work, it is not possible for a person

to ascertain the identity of the author by reasonable inquiry.

General Exceptions

Research 52. Subject to section 54, fair dealing with a literary, dramatic, musical or artistic

and private work for the purposes of research or private study does not infringe copyright in

study. the work or, in the case of a published edition, in the typographical arrangement.

Criticism, 53. (1) Subject to section 54 –

review and

reporting. (a) fair dealing with a protected work for the purposes of

criticism or review of that or another work or of a

performance of a work; or

(b) fair dealing with a protected work ( other than a

photograph) for the purpose of reporting current events,

does not infringe copyright in the work so long as it is

accompanied by a sufficient acknowledgement.

(2) No acknowledgement is required in connection with the reporting of

current events by means of a sound recording, film, broadcast or cable

programme.

Determining 54. For the purpose of determining whether an act done in relation to a work

fair dealing. 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;

(b) the extent and substantiality of that part of the work affected by

the act in relation to the whole of the work;

(d) the effect of the act upon the potential market for, or the

commercial value of, the work.

Incidental 55. Copyright in a work is not infringed -

inclusion of

protected (a) by its incidental inclusion in an artistic work, sound recording

work. film, broadcast or cable programme; or

(b) by the issue to the public of copies or the playing, showing,

broadcasting or inclusion in a cable programme service of

anything whose making was not an infringement of copyright by

virtue of paragraph (a),

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.

Use of Work for Educational Purpose

Act done for 56. (1) Copyright in a literary, dramatic, musical or artistic work is not infringed

purposes of by being copied in the course of instruction or of preparation for

instruction instruction, provided the copying is done by a person giving or receiving

or examination. instruction and is not by means of a reprographic process.

(2) Copyright in a sound recording, film, broadcast or cable programme is

not infringed by its being copied by making a film or film sound-track in

the course of instruction, or of preparation for instruction, in the

making of films or film sound-tracks, provided the copying is done by a

person giving or receiving instruction.

(3) Copyright in a work is not infringed by anything done for the purposes of

an examination by way of setting the questions, communicating the

questions to candidates or answering the questions.

Anthologies 57. (1) The inclusion in a collection intended for use in educational

for educational establishments of a short passage from a published literary or dramatic

use. work does not infringe copyright in the work if-

(a) the collection is described in the title and in any

advertisements thereof issued by or on behalf of the

publisher, as being so intended;

(b) the work was not itself published for the use of

educational establishments;

(d) the inclusion is accompanied by a sufficient

acknowledgement.

(2) Subsection (1) does not authorize the inclusion of more than two

excerpts from protected works by the same author in collections

published by the same publisher over any period of five years.

(3) In relation to any given passage, the reference in subsection (2) to

excerpts from works by the same author -

(a) shall be taken to include excerpts from works by him in

collaboration with another; and

(b) if the passage in question is from such a work, shall be

taken to include excerpts from works by any of the

authors, whether alone or in collaboration with another.

Recording of 58. (1) A recording of a broadcast or cable programme or a copy of such a

broadcast, etc. recording may be made by or on behalf of an educational establishment

by educational for the educational purposes of that establishment without thereby

establishments. infringing the copyright in the broadcast or cable programme or in any

work included in it.

Restriction on 59. (1) Subject to the provisions of this section, reprographic copies of passages

reprographic from published literary, dramatic or musical works may be made by or

copying by on behalf of an educational establishment for the purposes of instruction

educational without infringing any copyright in the work or in the typographical

establishment. arrangement.

(2) Not more than five per cent of any work may be copied by or on behalf

of an educational establishment by virtue of this section in any quarter,

that is to say, in any period 1st January to 31st March, 1st April to 30th

June, 1st July to 30th September or 1st October to 31st December.

(3) Copying is not authorized by this section if, or to the extent that, licences

are available authorizing the copying in question and the person making

the copies know or ought to have been aware of that fact.

(4) Where a licence is granted to an educational establishment authorizing

the reprographic coping of passages from any published literary,

dramatic or musical work, for use by the establishment, then, any term of

that licence which purports to restrict the proportion of work which may

be copied (whether on payment or free of charge) to less than that

permitted under this section shall be of no effect.

Subsequent 60. (1) Where a copy of a work would be an infringing copy if the making

dealings with thereof were not authorized under section 56,58 or 59 and such copy is

authorized subsequently dealt with, it shall be treated as an infringing copy for the

copies. 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.

Exceptions affecting Libraries and Archives

Interpretation 61. (1) In sections 62 to 65 references to the librarian or archivist include

of references; references to a person acting on his behalf.

Regulations.

(2) Regulations may provide that a librarian or archivist who is, pursuant

to sections 62 and 65, required to be satisfied as to a matter before

making or supplying a copy of a work –

(a) is entitled to rely on a declaration as to that matter,

signed by the person requesting the copy, unless he is

aware that the declaration is false in any material

particular;

(b) in such cases as may be prescribed, shall not make or

supply a copy to any person in the absence of a

declaration by that person.

(3) Where a person requesting a copy makes a declaration that is false in a

material particular and is supplied with a copy which would have been an

infringing copy if made by him, that person shall be liable for

infringement of copyright as if he had made the copy himself, and the

copy supplied shall be treated as an infringing copy.

Supply by 62. (1) The librarian of a prescribed library or archive may, if the prescribed

librarian of conditions are complied with-

copies of

published (a) make and supply a copy of an article in a periodical; or

work.

(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 -

(a) that copies shall be supplied only to persons

satisfying the librarian that they require them for

purposes of research or private study, and will not

use them for any other purpose;

(b) in relation to an article, that no person shall be

furnished with more than one copy of the same

article or with copies of more than one article

contained in the same issue of a periodical;

subsection (1), that no person shall be furnished

with more than one copy of the same material or of

a copy of more than a reasonable proportion of any

work; and

(d) that persons to whom copies are supplied are

required to pay for them a sum not less than the cost

(including a contribution to the general expenses of

the library) attributable to their production.

Supply of 63. (1) The librarian of a prescribed library or archive may, if the

copies to other prescribed conditions referred to in subsection 64(2) are complied

libraries. with, make and supply to another prescribed library or archive a

copy of-

(a) an article in a periodical; or

(b) the whole or part of a published edition of a literary,

dramatic or musical work,

without infringing any copyright in the text of the article or

the work, or in any illustrations accompanying such article

or work or, in the case of a published edition, in the

typographical arrangement.

(2) Paragraph (b) of subsection (1) does 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 64. (1) The librarian of a prescribed library or archive may, if the prescribed

copies of conditions are complied with, make a copy from any item in the

works. permanent collection of the library or archive for the purpose of-

(a) preserving or replacing the item by placing the copy in

such permanent collection in addition to or in place of

the item;

(b) replacing in the permanent collection of another

prescribed library or archive an item which has been

lost, destroyed or damaged,

without infringing the copyright in any literary, dramatic or

musical work, in any illustrations accompanying such a work or,

in the case of a published edition, in the typographical

arrangement.

(2) The prescribed conditions shall include provisions restricting the making

of copies to cases where it is not reasonably practicable to purchase a

copy of the item in question for the purpose.

Copying of 65. (1) Subject to subsection (2), the librarian of a prescribed library or archive

unpublished may, if the prescribed conditions are complied with, make and supply a

work. 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) does 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 include the following -

(a) that copies are supplied only to persons satisfying the

librarian that they require them for purposes of research

or private study and will not use them for any other

purpose;

(b) that no person is furnished with any more than one copy

of the same material; and

pay for them a sum not less than the cost (including a

contribution to the general expenses of the library or

archive) attributable to their production.

Exceptions Relating to Public Administration

Parliamentary 66. (1) Copyright in a work is not infringed by anything done for the purposes of

and judicial parliamentary or judicial proceedings or, subject to subsection (3), for the

proceedings etc. purposes of reporting such proceedings.

(2) Copyright in a work is not infringed by anything done for the purposes of

the proceedings of a statutory inquiry or, subject to subsection (3), for the

purposes of reporting any such proceedings held in public.

(3) The provisions of subsections (1) and (2) relating to the reporting of

proceedings shall not be construed as authorizing the copying of a work

which is itself a published report of the proceedings.

(4) Copyright in a work is not infringed by the issue to the public of copies

of the report of a statutory inquiry containing the work or material from

it.

(5) In this section, “statutory inquiry” means an inquiry held or investigation

conducted in pursuance of a duty imposed or power conferred by or

under an enactment.

Public 67. Where any protected work or a reproduction of any such work is comprised in

records. any public record (as defined in the Registration and Records Act) which is, by

Cap. 375. 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 Registration and Records Act.

Designs

Design 68. (1) It is not an infringement of any copyright in a design document or in a

documents and model that records or embodies a design for anything (except an artistic

models. 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 69. (1) Where an artistic work has been exploited by or with the licence of the

derived from copyright owner by-

artistic work

is exploited. (a) making by an industrial process articles falling to be

treated under from this Act as copies of the work; and

(b) marketing such articles in Antigua and Barbuda or

elsewhere,

then, after the end of the period of twenty-five years from the

end of the calendar year in which such articles are first marketed,

a person may, without infringing copyright in the work, copy the

work by making articles of any description or by doing anything

for the purpose of making articles of any description, or by doing

anything in relation to articles so made.

(2) Where only part of an artistic work is exploited in the manner described

in subsection (1), then, the provisions of that subsection apply only in

relation to that part.

(3) The Minister may by order make provision -

(a) as to the circumstances, in which an article or any

description of article is to be regarded for the purposes

of this section as made by an industrial process;

(b) excluding from the operation of this section such articles

of a primarily literary or artistic character as he thinks

fit.

(4) In this section -

(a) references to articles do not include films; and

(b) references to the marketing of an article are references to

its being sold or let for hire or offered or exposed for

sale or hire.

Exception Relating to Works in Electronic Form

Transfer of 70. (1) Where a work in electronic form has been purchased on terms which,

works in expressly or impliedly or by virtue of any rule of law, allow the

electronic purchaser to copy the work or to adapt it or to make copies of an

form. adaptation in connection with his use of it, then, in the absence of any

express terms -

(a) prohibiting the transfer of the copy by the purchaser,

imposing obligations which continue after a transfer or

prohibiting the assignment of any licence or terminating

any licence on a transfer; or

(b) providing for the terms on which a transferee may do the

things which the purchaser was permitted to do,

anything which the purchaser was allowed to do may also be

done by a transferee without infringement of copyright.

(2) Any copy, adaptation or copy of an adaptation made by the purchaser

which is not also transferred after the transfer, be treated as an infringing

copy for all purposes.

(3) Subsections (1) and (2) apply where the original purchased copy is no

longer usable and what is transferred is a further copy used in its place.

(4) This section applies also on a subsequent transfer, with the substitution

for references in subsection (2) to the purchaser of references, to the

subsequent transferor.

Miscellaneous Exceptions Relating to Literary,

Dramatic, Musical and Artistic Works

Anonymous 71. (1) Copyright in a literary, dramatic, musical or artistic work is not infringed

and by an act done at a time when, or in pursuance of an arrangement made

pseudonymous at a time when -

literary etc.

works. (a) it is not possible by reasonable inquiry to ascertain the

identity of the author; and

(b) it is reasonable to assume -

(i) that the copyright has expired; or

(ii) that the author died fifty years or more before

the beginning of the calendar year in which the

act is done or the arrangements are made.

(2) Subsection (1) (b) (ii) does not apply in relation to a work in which

section 146 and in respect of which an order under that section specifies

a copyright period longer than fifty years.

(3) In relation to a work of joint authorship -

(a) the reference in subsection (1) to its being possible to

ascertain the identity of the author shall be construed as

a reference to its being possible to ascertain the identity

of any of the authors; and

(b) the reference in subsection (1) (b) (ii) to the author

having died shall be construed as a reference to all the

authors having died.

Use of notes 72. (1) Where a record of spoken words is made, in writing or otherwise, for the

of recordings purpose of -

of spoken word.

(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-

(a) the record is a direct record of the spoken words and is

not taken from a previous record or from a broadcast or

cable programme;

(b) the making of the record was not prohibited by the

speaker and, where copyright already subsisted in the

work, did not infringe copyright;

not of a kind prohibited by or on behalf of the speaker or

(d) the use is by or with the authority of a person who is

lawfully in possession of the record.

Reading or 73. (1) The reading or recitation in public of any reasonable extract from a

recitation in published literary or dramatic work is not an infringement of copyright in

public. 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

Representation 74. (1) This section applies to –

of artistic works

on public (a) buildings;

display.

(b) sculptures, models of buildings and works or artistic

craftsmanship, if permanently situated in a public place

or in premises open to the public.

(2) The copyright in such work is not infringed by -

(a) making graphic work representing it;

(b) making photograph or film of it; or

a visual image of it.

(3) The copyright of such a work is not infringed by the issue to the public

of copies, or the broadcasting or inclusion in a cable programme service,

of anything whose making was, by virtue of this section, not an

infringement of copyright.

Reconstruction 75. Anything done for the purposes of reconstructing a building does not

of buildings. 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 76. Where the author of an artistic work is not the copyright owner, he does

work by same not infringe the copyright in the work by copying it in making another

artist. artistic work, provided he does not repeat or imitate the main design of

the earlier work.

Miscellaneous Exceptions Relating to Sound Recordings,

Films and Computer Programmes

Making etc., 77. (1) Where sound recordings of a musical work (and accompanying words, if

of recordings any) have, with the licence or consent of the owner of the copyright in

of musical the work, been previously made in or imported into Antigua and Barbuda

work previously for the purposes of retail sale, then, any person may, after the expiry of

made or the period of four months immediately following upon the date of the

imported. first authorized manufacture in, or importation into, Antigua and

Barbuda 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 –

(a) intends to sell the recordings by retail, or to supply them

for the purpose of being sold by retail by another person,

or intends to use them for making other sound

recordings which are to be so sold or supplied;

(b) pays royalties calculated at the prescribed rate; and

and time of payment, administration of royalties paid

and other matters, as may be prescribed.

(2) Any person who makes or authorizes the making of sound recordings

pursuant to subsection (1) 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

necessary for the adaptation of the work to the sound recording in

question.

Rental of 78. (1) The Minister may by order, subject to affirmative resolution, provide that

films, etc. in such cases as may be specified in the order, the rental to the public of

copies of films 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.

(2) An order under subsection (1) shall not apply if, or to the extent that

there is a licensing scheme certified under section 102 for the purposes of

this section providing for the grant of licences.

(3) An order may make different provision for different cases and may

specify cases by reference to any factor relating to the work, the copies

rented, the person renting or the circumstances of the rental.

the rental of infringing copies.

Playing of 79. It is not an infringement of the copyright in a sound recording to play it as part of

sound recording the activities of, or for the benefit of, a club, society or other organization if-

for purposes of

charitable (a) the organization is not established or conducted for profit and its

organization. objects are charitable or are otherwise concerned with the

advancement of religion, education or social welfare; and

(b) the proceeds of any charge for admission to the place where the

recording is to be heard are applied solely for the purposes of the

organization.

Miscellaneous Exceptions Respecting Broadcasts

and Cable Programmes

Incidental 80. (1) This section applies where by virtue of a licence or assignment of

recording for copyright a person is authorized to broadcast from a place in a specified

purposes of country or to include in a cable programme service sent from Antigua

broadcast or and Barbuda or a specified country -

cable programme.

(a) a literary, dramatic or musical work, or an adaptation of

such a work;

(b) an artistic work; or

(2) The person referred to in subsection (1) shall, by virtue of this section, be

treated as licensed by the owner of the copyright in the work to do or

authorize any of the following for the purposes of the broadcast or cable

programme –

(a) in the case of a literary, dramatic or musical work or an

adaptation of such a work, to make a sound recording or

film of the work or adaptation;

(b) in the case of an artistic work, to take a photograph or

make a film of the work;

of it.

(3) A licence under subsection (2) is subject to the following conditions -

(a) the recording, film, photograph or copy in question shall

not be used for any other purpose; and

(b) such recording, film, photograph or copy shall be

destroyed within twenty-eight days of being first used

for broadcasting the work or, as the case may be,

including it in a cable programme service.

(4) A recording, film, photograph or copy made in accordance with this

section shall be treated as an infringing copy -

(a) for the purposes of any use in breach of the condition

mentioned in subsection (3) (a); and

(b) for all purposes after that condition or the condition

mentioned in subsection (3) (b) is breached.

Recording of 81. (1) Copyright is not infringed by the making or use by a prescribed broad-

broadcasts for casting organization, for the purpose of maintaining supervision and

programme control over programmes and advertisements broadcast by that

control. organization, of recordings of those programmes and advertisements.

(2) Copyright is not infringed by the making or use by the Antigua

Broadcasting Service of recordings of programmes in connection with

and for the purpose of carrying out its functions under the law relating to

Broadcasting.

Recording 82. (1) A recording of a broadcast or cable programme of a designated class, or

for archival a copy of such a recording, may be made for the purpose of being placed

purposes. 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 83. Where a literary, dramatic or musical work or film is broadcast with the licence

retransmission of the copyright owner from a place in Antigua and Barbuda or a specified

of broadcast country, any person may, without obtaining the licence of the copyright owner,

in cable incorporate the work (by means of the reception of the broadcast) in a cable

programme programme service:

service.

Provided that –

(a) the transmission by the cable programme service takes

place simultaneously with the reception of the broadcast;

and

(b) the programme in which the literary, dramatic or musical

work or film is incorporated is transmitted without

alteration of any kind; and

person providing the cable programme service, equitable

remuneration in respect of the transmission, to be

determined in default of agreement by the Tribunal,

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 84. The making for private and domestic use of a recording of a broadcast or cable

purpose of programme solely for the purpose of enabling it to be viewed or listened to at a

time shifting. more convenient time does not infringe any copyright in the broadcast or cable

programme or in any work included in it.

Adaptations

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.

Prescribed Exceptions

Power of 86. (1) Subject to the provisions of this section, the Minister may, by order

Minister to subject to negative resolution of the House of Representatives, provide

prescribe that the copyright in a work of the description or category specified in

exceptions to the order is not infringed where, in relation to such work, such acts as are

infringement. specified in the order are done in the circumstances so specified.

(2) The Minister shall not make an order under subsection (1) unless he is

satisfied that the acts specified in the order in relation to the work –

(a) are necessary in the public interest in connection with an

event of national importance;

(b) would not conflict with the normal exploitation of the

work; and

of the owner of the copyright in the work.

(3) An order made under subsection (1) shall make provision for the

payment of equitable remuneration to the copyright owner to be

determined, in default of agreement, by the Copyright Tribunal; and such

order may contain such consequential, supplemental or ancillary

provisions as appear to the Minister to be necessary or expedient for the

purpose of giving effect to the order.

PART VII - COPYRIGHT LICENSING

Preliminary

Interpretation 87. (1) In this Part -

for purposes

of Part. “licence” means any licence that is issued or offered by a

licensing body authorizing, in relation to works in which

“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.

(2) References in this Part to licences or licensing schemes covering works

of more than one author do not include licences or schemes covering

only -

(a) a single collective work or collective works of which the

authors are the same; or

(b) works made by, or by employees commissioned by, a

single individual, firm, company or group of companies.

(3) For the purpose of subsection (2) “group” in relation to a company

means that company and -

(a) any other company which is its holding company or

subsidiary;

(b) any other company which is a subsidiary of the holding

company;

controlled by any company referred to in paragraph (a)

or (b); and

(d) any company which is controlled by a person who

directly or indirectly controls a company referred to in

paragraph (a), (b) or (c).

Licensing 88. The provision of sections 89 to 94 apply to licensing schemes of the following

schemes to descriptions -

which sections

89 to 94

apply. (a) licensing schemes operated by licensing bodies in relation to the

(or film sound-tracks when accompanying a film) or

performance which cover works of more than one author, so far

as they relate to licences for -

(i) copying the work;

(ii) performing, playing or showing the work in public; or

(iii) broadcasting the work or including it in a cable

programme service;

(b) all licensing schemes in relation to the copyright in sound

recordings (other than film sound-tracks when accompanying a

film), broadcasts or cable programmes or the typographical

arrangement of published editions; and

recordings, films or computer programmes so far as they relate

to licences for the rental of copies to the public.

References and Applications Respecting Licensing Schemes

Reference of 89. (1) The terms of a licensing scheme which a licensing body proposes to

proposed operate may be referred to the Copyright Tribunal by an organization

licensing claiming to be representative of persons claiming that they require

scheme. licences in cases of a description to which the scheme would apply,

either generally or in relation to any description of case.

(2) The Tribunal shall first decide whether to entertain the reference and

decline to do so on the ground that the reference is premature.

(3) Where the Tribunal decides to entertain the reference it shall consider the

matter referred and make such order, either confirming or varying the

proposed scheme either generally or so far only as it relates to cases of

the description to which the reference relates, as the Tribunal thinks

reasonable in the circumstances.

(4) An order may be made under subsection (3) so as to be in force

indefinitely or for such period as the Tribunal may determine.

Reference 90. (1) Where during the operation of a licensing scheme a dispute arises

of existing between the operator of the scheme and -

licensing

scheme. (a) the person claiming that he requires a licence in a case of

a description to which the scheme applies; or

persons,

that person or organization may refer the scheme to the

description.

(2) A scheme which has been referred to the Tribunal under this section shall

remain in operation until proceedings on the reference are concluded.

(3) The Tribunal shall consider the matter in dispute and make such order,

either confirming or varying the scheme so far only as it relates to cases

of the description to which the reference relates, as the Tribunal may

determine to be reasonable in the circumstances.

(4) The order may be made so as to be in force indefinitely or for such

period as the Tribunal may determine.

Further 91. (1) Where the Copyright Tribunal has on a previous reference of a licensing

reference of scheme under section 89 or 90, or under this section, made an order with

scheme. 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

persons, may refer the scheme again to the Tribunal so

far as it relates to cases of that description.

(2) A licensing scheme shall not, except with the special leave of the

Tribunal, be referred again to the Tribunal in respect of the same

description of cases -

(a) within twelve months from the date of the order on the

previous reference; or

(b) if the order was made so as to be in force for fifteen

months or less, until the last three months before the

expiry of the order.

(3) A scheme which has been referred to the Tribunal under this section shall

remain in operation until proceedings on the reference are concluded.

(4) The Tribunal shall consider the matter in dispute and make such order,

either confirming, varying or further varying the scheme so far only as it

relates to cases of the description to which the reference relates, as the

Tribunal may determine to be reasonable in the circumstances.

(5) The order may be made so as to be in force indefinitely or for such

period as the Tribunal may determine.

Application 92. (1) A person who claims, in a case covered by a licensing scheme, that the

for grant of operator of the scheme has refused to grant him or procure the grant to

licence in him of a licence in accordance with the scheme, or has failed to do so

connection with within a reasonable time after being asked, may apply to the Copyright

licensing Tribunal.

scheme.

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

the operator of the scheme either -

(a) has refused to grant him a licence or procure the grant to

him of a licence, or has failed to do so within a

reasonable time of being asked, and that in the

circumstances it is unreasonable that a licence should not

be granted; or

(b) proposes terms for a licence which are unreasonable,

may apply to the Copyright Tribunal.

(3) A case shall be regarded as excluded from a licensing scheme

for the purposes of subsection (2) if -

(a) the scheme provides for the grant of licences subject to

terms excepting matters from the licence and the case

falls within such an exception; or

(b) the case is so similar to those in which licences are

granted under the scheme that it is unreasonable that it

should not be dealt with in the same way.

(4) If the Tribunal is satisfied that the claim is well-founded, it shall make an

order declaring that, in respect of the matters specified in the order, the

applicant is entitled to a licence on such terms as the Tribunal may

determine to be applicable in accordance with the scheme or, as the case

may be, to be reasonable in the circumstances.

(5) The order may be made so as to be in force indefinitely or for such

period as the Tribunal may determine.

Application 93. (1) Where the Copyright Tribunal has made an order under section 92 that a

for review person is entitled to a licence under a licensing scheme, the operator of

as to the scheme or the original applicant may apply to the Tribunal to review

entitlement its order.

to licence.

(2) An application shall not be made, except with the special leave

of the Tribunal -

(a) within twelve months from the date of the order or of the

decision on a previous application under this section; or

(b) if the order was made so as to be in force for fifteen

months or less or, as a result of the decision on a

previous application under this section, is due to expire

within fifteen months of that decision, until the last three

months before the expiry date.

(3) The Tribunal shall on an application for review confirm or vary its order

as the Tribunal may determine to be reasonable having regard to the

terms applicable in accordance with the licensing scheme or, as the case

may be, the circumstances of the case.

Effect of 94. (1) A licensing scheme which has been confirmed or varied by the

order of Copyright Tribunal under section 89 or 90 shall be in force, or as the

Tribunal as case may be, remain in operation so far as it relates to the description of

to licensing case in respect of which the order is made, so long as the order remains

scheme. in force.

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

order applies -

(a) pays to the operator of the scheme any charges payable

under the scheme in respect of a licence covering the

case in question or, if the amount cannot be ascertained,

gives an undertaking to the operator to pay them when

ascertained; and

(b) complies with the other terms applicable to such a

licence under the scheme,

shall be in the same position as regards infringement of

licence granted by the owner of the copyright in question in

accordance with the scheme.

(3) The Tribunal may direct that the order, so far as it varies the amount of

charges payable, shall have effect from a date before that on which it is

made, not being a date earlier than the date on which the reference was

made or, where the scheme came into operation after the reference was

made, not being a date earlier than the date on which the scheme came

into operation; but no such direction may be made where subsection (5)

applies.

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

(a) any necessary repayments, or further payments, shall be

made in respect of charges already paid; and

(b) the reference in paragraph (a) of subsection (2) to the

charges payable under the scheme shall be construed as a

reference to the charges so payable by virtue of the

order.

(5) An order of the Tribunal under section 89 or 90 made with respect to a

scheme which is certified for any purpose under section 102 has effect,

so far as it varies the scheme by reducing the charge payable for licences,

from the date on which the reference was made to the Tribunal.

(6) Where the Tribunal has made an order under section 92 and the order

remains in force, the person in whose favour the order is made shall, if he

satisfies the conditions specified in subsection (7), 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.

(7) The conditions referred to in subsection (6) are that the person mentioned

in that subsection shall -

(a) pay to the operator of the scheme any charges payable in

accordance with the order or, if the amount cannot be

ascertained, give an undertaking to pay the charges when

ascertained; and

(b) comply with the other terms specified in the order.

References and Applications Respecting Licences

and Licensing Bodies

Licences to 95. (1) Sections 96 to 99 apply to the following descriptions of licence granted

which sections by a licensing body otherwise than in pursuance of a licensing scheme -

96 to 99 apply.

(a) licences relating to the copyright in literary, dramatic,

musical or artistic works or films (or film sound-tracks

when accompanying a film) which cover works of more

than one author, so far as they authorize –

(i) copying the work;

(ii) performing, playing or showing the work in

public; or

(iii) broadcasting the work or including it in a cable

programme service;

(b) any licence relating to the copyright in a sound recording

(other than a film sound-track when accompanying a

film), broadcast or cable programme, or the

typographical arrangement of a published edition; and

recordings, films or computer programmes so far as they

relate to the rental of copies to the public.

Reference 96. (1) The terms on which a licensing body proposes to grant a licence may be

to Tribunal referred to the Copyright Tribunal by the prospective licensee.

of proposed

licence. (2) The Tribunal shall first decide whether to entertain the reference, and

may decline to do so on the ground that the reference is premature.

(3) If the Tribunal decides to entertain the reference it shall consider the

terms of the proposed licence and make such order, either confirming or

varying the terms, as it may determine to be reasonable in the

circumstances.

(4) The order may be made so as to be in force indefinitely or for such

period as the Tribunal may determine.

Reference 97. (1) A licensee under a licence which is due to expire by effluxion of time or

to Tribunal as a result of notice given by the licensing body, may apply to the

of expiring Copyright Tribunal on the ground that it is unreasonable in the

licence. circumstances that the licence should cease to be in force.

(2) Such an application may not be made until the last three months before

the licence is due to expire.

(3) A licence in respect of which a reference has been made to the Tribunal

shall remain in operation until proceedings on the reference are

concluded.

(4) If the Tribunal finds the application well-founded, it shall make an order

declaring that the licensee shall continue to be entitled to the benefit of

the licence on such terms as the Tribunal may determine to be reasonable

in the circumstances.

(5) An order of the Tribunal under this section may be made so as to be in

force indefinitely or for such period as the Tribunal may determine.

Tribunal may 98. (1) Where the Copyright Tribunal has made an order under section 96 or 97,

review order the licensing body or the person entitled to the benefit of the order may

as to licence. apply to the Tribunal to review its order.

(2) An application shall not be made, except with the special leave of the

Tribunal –

(a) within twelve months from the date of the order or of the

decision on a previous application under this section; or

(b) if the order was made so as to be in force for fifteen

months or less or, as a result of the decision on a

previous application under this section, is due to expire

within fifteen months of that decision, until the last three

months before the expiry date.

(3) The Tribunal shall on an application for review confirm or vary its order

as the Tribunal may determine to be reasonable in the circumstances.

Effect of 99. (1) Where the Copyright Tribunal has made an order under section 96 or 97

order of and the order remains in force, the person entitled to the benefit of the

Tribunal as order shall, if he satisfies the conditions specified in subsection (2), be in

to licence. 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

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

in that subsection shall -

(a) pay to the licensing body any charges payable in

accordance with the order or, if the amount cannot be

ascertained, give an undertaking to pay the charges when

ascertained; and

(b) comply with the other terms specified in the order.

(3) The benefit of the order may be assigned -

(a) in the case of an order under section 96, if assignment is

not prohibited under the terms of the Tribunal’s order;

and

(b) in the case of an order under section 97, if assignment

was not prohibited under the terms of the original

licence.

(4) The Tribunal may direct that an order under section 96 or 97, or an order

under section 98 varying such an order, so far as it varies the amount of

charges payable, shall have effect from a date before that on which it was

made, not being a date earlier than the date on which the reference or

application was made or, where a licence was granted or was due to

expire after the reference was made, not being a date earlier than the date

on which the licence was granted or, as the case may be, was due to

expire.

(5) If such a direction is made -

(a) any necessary repayments or further payments, shall be

made in respect of charges already paid; and

(b) the reference in paragraph (a) of subsection (1) to the

charges payable in accordance with the order shall be

construed, where the order is varied by a later order, as a

reference to the charges so payable by virtue of the later

order.

Supplementary

Matters 100. Regulations made under section 150 may prescribe the matters which the

prescribed Copyright Tribunal shall take into account on a reference or application made

for Tribunal. under this Part in respect of any class or classes of case.

Royalty 101. (1) An application to settle the royalty or other sum payable in pursuance

payable for of section 78 may be made to the Copyright Tribunal by the copyright

rental of sound owner or the person claiming to be treated as licensed by him.

recordings, etc.

(2) The Tribunal shall consider the matter and make such order as it may

determine to be reasonable in the circumstances.

(3) Either party may subsequently apply to the Tribunal to vary the order

and the Tribunal shall consider the matter and make such order

confirming or varying the original order as it may determine to be

reasonable in the circumstances.

(4) An application under subsection (3) shall not, except with the special

leave of the Tribunal, be made within twelve months from the date of the

original order or of the order on a previous application under that

subsection.

(5) An order under subsection (3) has effect from the date on which it is

made or such later date as may be specified by the Tribunal.

Ministerial 102. (1) On the application of any person operating or proposing to operate a

order in licensing scheme for the purposes of sections 58, 78 and such other

relation to provisions as may be prescribed, the Minister shall by order certify the

licensing scheme if he is satisfied that it -

scheme.

(a) enables the works to which it relates to be identified with

sufficient certainty by persons likely to require licences;

and

(b) sets out clearly the charges (if any) payable and the other

terms on which licences will be granted.

(2) The scheme shall be scheduled to the order and the scheme shall come

into operation for the purposes of sections 58, 78 or such other

provisions as may be prescribed -

(a) on such date, being not less than eight weeks after the

order is made, as may be specified in the order; or

(b) if the scheme is the subject of a reference under section

89, any later date on which the order of the Copyright

Tribunal under that section comes into force or the

reference is withdrawn.

(3) A variation of the scheme is not effective unless the order is amended by

the Minister; and the Minister shall make the amendment in the case of a

variation ordered by the Copyright Tribunal on a reference under section

89,90 or 91 and may do so in any other case if he thinks fit.

(4) The Minister may, by order revoke an order made under subsection (1) if

it appears to him that the scheme to which the order relates is no longer

being operated according to its terms, and shall revoke the order if the

scheme ceases to be operated.

PART VIII – THE COPYRIGHT TRIBUNAL

Establishment 103. (1) There is hereby established for the purposes of this Act a tribunal to be

of Tribunal. called the Copyright Tribunal.

Schedule (2) The provisions of the Schedule shall have effect as to the constitution of

the Tribunal and otherwise in relation thereto.

Jurisdiction 104. (1) The functions of the Tribunal shall be -

of Tribunal.

(a) to hear and determine -

(i) any matter referred to it pursuant to any

provision of Part VII relating to a licensing

scheme or licence;

(ii) an application under section 101 to settle the

royalty or other sum payable for rental of a

sound recording, film or computer programme;

(b) to keep under review the prescribed rate of royalty

payable to a performer in connection with an adaptation

of an original recording of his performance; and

royalties or other payments payable in respect of the use

or presentation in such national cultural event as he may

by order designate of any works or performance in

which copyright or other rights subsist.

(2) In relation to its functions under subsection (1) (b), the Tribunal may

from time to time on its own initiative and shall, on a request made in

writing by the Minister, enquire into the appropriateness of such rate and

make such recommendations to the Minister with respect thereto as it

thinks fit.

Regulations 105. (1) The Minister may make regulations relating to proceedings before the

relating to Copyright Tribunal and provisions shall be made in such regulations -

proceedings

of Tribunal. (a) prohibiting the Tribunal from entertaining a reference

under section 89, 90 or 91 by a representative

organization unless the Tribunal is satisfied that the

organization is reasonably of representative of the class

of persons which it claims to represent;

(b) specifying the parties to any proceedings and enabling

the Tribunal to make a party to the proceedings any

person or organization which the Tribunal is satisfied

has a substantial interest in the matter; and

proceedings an opportunity to state their case, in writing

or orally as the regulations may provide.

(2) The regulations may prescribe any matter incidental to or consequential

upon any appeal from the Tribunal under section 106.

(3) Regulations made under this section shall be subject to negative

resolution of the House of Representatives.

Appeal on 106. (1) An appeal lies on any point of law arising from a decision of the

point of law. Copyright Tribunal to the Court of Appeal.

(2) Regulations made under section 105 may limit the time within which

an appeal may be brought.

PART IX – RIGHTS IN PERFORMANCES

Conferment 107. (1) By virtue of, and subject to the provisions of this Part, rights are

of rights in conferred on -

performances.

(a) a performer, requiring his consent to the exploitation of

his performance; and

(b) a person having recording rights in relation to a

performance, requiring his consent to the making of a

recording of that performance.

(2) The rights conferred by this Part are independent of -

(a) any copyright in or moral rights relating to any work

used or performed in the performance; and

(b) any other right or obligation arising otherwise than under

this Part.

Performers’ Rights

Consent 108. (1) A performer’s rights are infringed by a person who, without his consent -

required for

recording etc. of (a) makes, otherwise than for his private and domestic use, a

performance. recording of the whole or any substantial part of a

qualifying performance or makes copies, directly or

indirectly, from such a recording; or

(b) broadcasts live, or includes live in a cable programme

service, or communicates live to the public, the whole or

any substantial part of a qualifying performance.

(2) In an action for infringement of a performer’s 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 109. A performer’s rights are infringed by a person who, without his consent -

of performer’s

rights by use (a) shows or plays in public the whole or any substantial part of a

of recording qualifying performance; or

(b) broadcasts or includes in a cable programme service the whole or

any substantial part of a qualifying performance,

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 110. (1) A performer’s rights are infringed by a person who, without his consent

royalty for and payment of royalty at the prescribed rate, uses an original recording

adaptation of of a qualifying performance (whether authorized or not) for the purpose

recording. 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 111. (1) A performer’s rights are infringed by a person who, without his consent -

of performer’s

rights by (a) imports into Antigua and Barbuda otherwise than for his

importing etc. private and domestic use; or

illicit

recording. (b) distributes to the public by sale or other transfer of

ownership, of a fixation of his performance, or copies

thereof, that has not already been subject to a

distribution authorized by the performer;

recording of a qualifying performance which is, and which that

person knows or has reason to believe is, an illicit recording.

(2) Where in an action for infringement of a performer’s rights brought by

virtue of this section a defendant shows that the illicit recording was

innocently acquired by him or a predecessor in title of his, the remedy in

damages available against him in respect of the infringement is an

amount not exceeding a reasonable payment in respect of the act

complained of.

(3) In subsection (2) “innocently acquired” means that the person acquiring

the recording did not know and had no reason to believe that it was an

illicit recording.

Rights of Person Having Recording Rights

Consent 112. (1) A person infringes the rights of a person having recording rights in

required for relation to a performance who, without his consent, makes a recording of

recording the whole or any substantial part of the performance otherwise than for

performance his private and domestic use.

subject to

exclusive contract. (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 113. (1) A person infringes the rights of a person having recording rights in

of recording relation to a performance who, without his consent -

rights by use

of recording. (a) shows or plays in public the whole or any substantial

part of the performance; or

(b) broadcasts or includes in a cable programme service the

whole or any substantial part of the performance,

by means of a recording which was, and which that person

knows or has reason to believe was, made without the

appropriate consent.

(2) The reference in subsection (1) to the “appropriate consent” is to the

consent of the person who at the time the consent was given had

recording rights in relation to the performance (or, if there was more than

one such person, of all of them).

Infringement 114. (1) A person infringes the rights of a person having recording rights in

of recording relation to a performance who, without his consent -

rights by

importing etc. (a) imports into Antigua and Barbuda otherwise than for his

illicit recording. private and domestic use; or

(b) in the course of a business possesses sells or lets for hire,

offers or exposes for sale or hire or distributes,

a recording of the performance which is, and which that person

knows or has reason to believe is, an illicit recording.

(2) Where in an action for infringement of those rights brought by virtue of

this section a defendant shows that the illicit recording was innocently

acquired by him or a predecessor in title of his, the remedy in damages

available against him in respect of the infringement is an amount not

exceeding a reasonable payment in respect of the act complained of.

(3) In subsection (2) “innocently acquired” means that the person acquiring

the recording did not know and had no reason to believe that it was an

illicit recording.

Exceptions to Infringement

Permitted 115. Notwithstanding the rights in performances conferred by this Part -

acts in

relation to (a) any act done in relation to a performance or recording in the

performances. circumstances specified hereunder does not constitute an

infringement of the rights; and

(b) the Copyright Tribunal may give consent on behalf of a

performer in the circumstances specified in section 128.

Fair dealing 116. Fair dealing with a performance or recording -

for criticism,

etc. (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 117. The rights conferred by this Part are not infringed -

inclusion of

performance (a) by the incidental inclusion in a sound recording, film, broadcast

or recording. or cable programme of a performance or recording;

(b) by anything done in relation to copies of, or the playing,

showing, broadcasting or inclusion in a cable programme service

of, anything whose making was not an infringement of those

rights, by virtue of paragraph (a),

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 118. (1) The rights conferred by this Part are not infringed by the copying of a

recording or recording of a performance in the course of instruction, or of preparation

performance for instruction, in the making of films or film sound-tracks, provided the

for purposes copying is done by a person giving or receiving instruction.

of instruction

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

(a) by the copying of a recording of a performance for the

purposes of setting or answering the questions in an

examination; or

(b) by anything done for the purposes of an examination by

way of communicating the questions to the candidates.

(3) Where a recording which would otherwise be an illicit recording is made

in accordance with this section but is subsequently dealt with, it shall be

treated as an illicit recording for the purposes of that dealing, and if that

dealing infringes any right conferred by this Part, for all subsequent

purposes.

(4) In subsection (3) and in section 119 (2) “dealt with” means sold or let for

hire, or offered or exposed for sale or hire.

Recording of 119. (1) A recording of a broadcast or cable programme or a copy of such

broadcast and recording, may be made by or on behalf of an educational establishment

cable programme for the educational purposes of that establishment without thereby

by educational infringing any of the rights conferred by this Part in relation to any

establishment. 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 120. The rights conferred by this Part are not infringed by anything done for the

performance of purposes of –

recording for

Parliamentary (a) parliamentary or judicial proceedings or the reporting of

Proceedings, etc. such proceedings; or

(b) the proceedings of a statutory inquiry or the reporting of

such proceedings held in public.

Transfer or 121. (1) Where a recording or a performance in electronic form has been

recording of purchased on terms which, expressly or impliedly or by virtue of any rule

performance of law, allow the purchaser to make further recordings in connection with

in electronic his use of the recording, then, in the absence of any express terms –

form.

(a) prohibiting the transfer of the recording by the

purchaser;

(b) imposing obligations which continue after a transfer;

(d) terminating any consent on a transfer; or

(e) providing for the terms on which a transferee may do the

things which the purchaser was permitted to do,

anything which the purchaser was allowed to do may also be

done by a transferee without infringement of the rights conferred

by this Part, but any recording made by the purchaser which is

not also transferred shall be treated as an illicit recording for all

purposes after the transfer.

(2) Subsection (1) applies where the original purchased recording is no

longer usable and what is transferred is a further copy used in its place.

(3) This section also applies on a subsequent transfer, with the substitution

for references in subsection (1) to the purchaser of references to the

subsequent transferor.

(4) This section does not apply in relation to a recording purchased before

the commencement of this Act.

Use of 122. (1) Where a recording of the reading or recitation of a literary work is made

recordings the purpose of -

of spoken

words. (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 -

(a) the recording is a direct recording of the reading or

recitation and is not taken from a previous recording or

from a broadcast or cable programme;

(b) the making of the recording was not prohibited by or on

behalf of the person giving the reading or recitation;

by or on behalf of that person before the recording was

made; and

(d) the use is by or with the authority of a person who is

lawfully in possession of the recording.

Playing sound 123. It is not an infringement of any right conferred by this Part to play a sound

recording for recording as part of the activities of, or for the benefit of, a club, society or other

charitable organization if -

purposes.

(a) the organization is not established or conducted for

profit and its main objects are charitable or are otherwise

concerned with the advancement of religion, education

or social welfare; and

(b) the proceeds of any charge for admission to the place

where the recording is to be heard are applied solely for

the purposes of the organization.

Incidental 124. (1) Subject to subsection (2), a person who proposes to broadcast a recording

recording for of a performance, or to include a recording of a performance in a cable

purposes of programme service, in circumstances not infringing the rights conferred

broadcast by this Part, shall be treated as having consent for the purposes of this

or cable Part for the making of a further recording for the purposes of the

programme. broadcast or cable cast or programme.

(2) The consent given under subsection (1) is subject to the following

conditions -

(a) the further recording shall not be used for any other

purpose; and

(b) such recording shall be destroyed within twenty-eight

days of being first used for broadcasting the performance

or including it in a cable programme service.

(3) A recording made in accordance with this paragraph shall be treated as

an illicit recording -

(a) for the purposes of any use in breach of the condition

mentioned in paragraph (a) of subsection (2); and

(b) for all purposes after that condition or the condition

mentioned in paragraph (b) of subsection (2) is breached.

Recording for 125. (1) The rights conferred by this Part are not infringed by the making or use

supervision by a prescribed broadcasting organization for the purpose of maintaining

and control of supervision and control over programmes broadcast by that organization,

programmes. of recordings of those programmes.

(2) The rights conferred by this Part are not infringed by the making or use

of recordings by the Antigua Broadcasting Service in connection with

and for the purpose of carrying out its functions under the law relating to

broadcasting.

Recording of 126. (1) A recording of a broadcast or cable programme of a designated class, or

broadcast etc. a copy of such a recording, may be made for the purpose of being placed

for archival in an archive maintained by a designated body without thereby infringing

purpose. 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 127. (1) Subject to the provisions of this section, the Minister may, by order,

excepting acts subject to negative resolution, provide that the rights conferred by this

from Part are not infringed by the doing of such acts in relation to the

infringing performance as are specified in the order, where such acts are done in the

rights under circumstances so specified.

this Part.

(2) The Minister shall not make an order under subsection (1) unless he is

satisfied that the acts specified in the order-

(a) are necessary in the public interest in connection with an

event of national importance;

(b) would not conflict with the normal exploitation of the

performance; and

of the performer or any person having rights in the

performance.

(3) An order made under subsection (1) shall make provision for the

payment of equitable remuneration to any person having rights conferred

by this Part to be determined, in default of agreement, by the Copyright

Tribunal; and such order may contain such consequential, supplemental

or ancillary provisions as appear to the Minister to be necessary or

expedient for the purpose of giving effect to the order.

Tribunal may 128. (1) Subject to the provisions of this section, the Copyright Tribunal may, on

consent on the application of a person who wishes to make a recording from a

behalf of previous recording of a performance, give consent in a case where -

performer.

(a) the identity or whereabouts of a performer cannot be

ascertained by reasonable inquiry; or

(b) a performer unreasonably withholds his consent.

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

the purposes of -

(a) the provisions of this Part relating to performers’ rights;

and

(b) paragraph (a) of subsection (3) of section 134,

and may be given subject to such conditions as the Tribunal may

specify in the order.

(3) The Tribunal shall not give consent under paragraph (a) of subsection (1)

except after the service or publication of such notices as may be required

by regulations made under section 105 or as the Tribunal may in any

particular case direct.

(4) The Tribunal shall not give consent under paragraph (b) of subsection (1)

unless it is satisfied that the performer’s reasons for withholding consent

do not include the protection of any legitimate interest of his; but it shall

be for the performer to show what his reasons are for withholding

consent, and in default of evidence as to his reasons the Tribunal may

draw such inferences as it thinks fit.

(5) In any case the Tribunal shall take into account the following factors -

(a) whether the original recording was made with the

performer’s consent and is lawfully in the possession or

control of the person proposing to make the further

recording;

(b) whether the making of the further recording is consistent

with the obligations of the parties to the arrangements

under which, or is otherwise consistent with the

purposes for which, the original recording was made.

(6) Where the Tribunal gives consent under this section it shall, in default of

agreement between the applicant and the performer, make such order as

it thinks fit as to the payment to be made to the performer in

consideration of consent being given.

Duration and Transmission of Rights in

Performances; Consent

Duration of 129. The rights conferred by this Part continue to subsist in relation to a performance

rights in until the end of the period of fifty years from the end of the calendar year in

performances. which the performance was fixed in sound recording, or in the absence of such

fixation, from the end of the calendar year in which the performance takes place.

Transmission 130. (1) The rights conferred by this Part are not assignable or transmissible,

of rights in except to the extent that performers’ rights are transmissible as provided

performances. in this section.

(2) On the death of a person entitled to performer’s rights -

(a) the rights pass to such person as he may by testamentary

disposition specifically direct; and

(b) if, or to the extent that there is no such direction, the

rights are exercisable by his personal representative,

and references in this Part to the performer, in the context of the

person having performer’s rights, shall be construed as

references to the person for the time being entitled to exercise

those rights.

(3) Where by virtue of paragraph (a) of subsection (2) a right becomes

exercisable by more than one person, it is exercisable by each of them

independently of the other or others.

(4) Subsections (1), (2) and (3) are without prejudice to any rights conferred

by this Act on a person to whom has been assigned the benefit of an

exclusive recording contract or licence to make recordings of a

performance.

(5) Any damages recovered by personal representatives by virtue of this

section in respect of an infringement after a person’s death shall devolve

as part of his estate as if the right of action had subsisted and been vested

in him immediately before his death.

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.

(2) A person having recording rights in a performance is bound by any prior

consent given by a person through whom he derives his rights under the

exclusive recording contract or licence in question, in the same way as if

the consent had been given by him.

(3) Where a right conferred by this Part passes to another person, any

consent binding on the person previously entitled binds the person to

whom the right passes in the same way as if the consent had been given

by him.

Remedies for Infringement of Rights

in Performances

Infringement 132. An infringement of any of the rights conferred by this Part is actionable by the

as breach person entitled to the right as a breach of statutory duty.

of duty.

Order for 133. (1) Where a person has in his possession, custody or control in the course of

delivery up of a business an illicit recording of a performance, a person having

illicit performer’s rights or recording rights under this Part in relation to the

recording performance may apply to the court for an order that the recording be

in civil delivered up to him or to such other person as the court may direct.

proceedings.

(2) An application shall not be made after the end of the period specified in

section 138; and the court shall not make an order under this section

unless it also makes an order under section 137 for the disposal of the

recording, or it is of the opinion that there are grounds on which an order

under that section could be made.

(3) A person to whom a recording is delivered up in pursuance of an order

under this section shall, if an order under section 137 is not made, retain

it pending the making of an order, or the decision not to make an order

under that section.

(4) Nothing in this section affects any other power of the court.

Offences

Criminal 134. (1) A person commits an offence who without sufficient consent -

liability for

making etc. (a) makes for sale or hire; or

illicit

recordings. (b) imports into Antigua and Barbuda otherwise than for his

private and domestic use; or

doing any act infringing the rights conferred by this Part;

(d) in the course of a business -

(i) sells or lets for hire; or

(ii) offers or exposes for sale or hire; or

(iii) distributes,

a recording which is, and which he knows or has reason to

believe is, an illicit recording.

(2) A person commits an offence who causes a recording of a performance

made without sufficient consent to be -

(a) shown or played in public; or

(b) broadcast or included in a cable programme service,

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 -

(a) in the case of a qualifying performance that is not

subject to an exclusive recording contract, the consent of

the performer; and

(b) in the case of a performance that is subject to an

exclusive recording contract, the consent of the person

having recording rights.

(4) References in this section to the person having recording rights are to the

person having those rights at the time the consent is given or, if there is

more than one such person, to all of them.

(5) No offence is committed under subsection (1) or (2) by the doing of an

act which, by virtue of any provision of this Part, may be done without

infringing the rights conferred by this Part.

(6) A person guilty of an offence under subsection (1) or (2) is liable -

(a) on summary conviction to a fine not exceeding five

thousand dollars or to imprisonment for a term not

exceeding five years;

(b) on conviction on indictment to a fine not exceeding ten

thousand dollars or to imprisonment for a term not

exceeding five years, or to both such fine and

imprisonment.

Order for 135. (1) The court before which proceedings are brought against a person for an

delivery up offence under section 134 may, if satisfied that at the time of his arrest or

of illicit charge he had in his possession, custody or control in the course of a

recording in business an illicit recording of a performance, order that it be delivered

criminal up to a person having performers’ rights or recording rights in relation to

proceedings. the performance or to such other person as the court may direct.

(2) An order may be made by the court of its own motion or on the

application of the prosecution and may be made whether or not the

person is convicted of the offence, but shall not be made

(a) after the end of the period specified in section 138; or

(b) if it appears to the court unlikely that any order will be

made under section 137.

(3) An appeal lies to the Court of Appeal from an order made under this

section.

(4) A person to whom an illicit recording is delivered up in pursuance of an

order under this section shall retain it pending the making of an order, or

the decision not to make an order, under section 137.

False 136. (1) It is an offence for a person to represent falsely that he is authorized by

representation any person to give consent for the purposes of this Part in relation to a

of authority to performance, unless he believes on reasonable grounds that he is so

give consent. authorized.

(2) A person guilty of an offence under this section is liable on summary

conviction to a fine not exceeding five thousand dollars or to

imprisonment for a term not exceeding two years or to both such fine and

imprisonment.

PART X – GENERAL

Order for 137. (1) An application may be made to the High Court for-

disposal of

infringing (a) an order that an infringing copy or article delivered up in

copy or pursuance of an order under sections 33 and 48 shall be-

illicit

recording. (i) forfeited to the copyright owner; or

(ii) destroyed or otherwise dealt with as the court

may direct;

(b) an order that an illicit recording of a performance

delivered up in pursuance of an order under section 133

or 135 shall be-

(i) forfeited to such person having performer’s

rights or recording rights in relation to the

performance as the court may direct; or

(ii) destroyed or otherwise dealt with as the court

thinks fit; or

should he made.

(2) In considering what order (if any) should be made, the court shall have

regard to all the circumstances of the case and, in particular-

(a) where the infringement relates to copyright in a work,

whether other remedies available in an action for

infringement of copyright would be adequate to

compensate the copyright owner and to protect his

interest;

(b) where the infringement relates to rights conferred under

Part IX, whether other remedies available in an action

for infringement of those rights would be adequate to

compensate the person or persons entitled to the rights

and to protect their interests.

(3) Provision shall be made by regulations as to the service of notice on

persons having an interest in the infringing copy or other articles or the

illicit recording, as the case may be, and any such person is entitled-

(a) to appear in proceedings for an order under this section

whether or not he was served with notice; and

(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.

(4) Where there is more than one person interested in an infringing copy or

other article, or as the case may be, an illicit recording, the court shall

make such order as it thinks just and may, in particular, direct that such

copy, article or recording be sold, or otherwise dealt with, and the

proceeds divided.

(5) If the court decides that no order should be made under this section, the

person in whose possession, custody or control the copy or article or, as

the case may be, the recording was before being delivered up or seized is

entitled to its return.

(6) References in this section to a person having an interest in a copy or

other article or a recording include any person in whose favour an order

could be made in respect of the copy, article or, as the case may be,

recording under this section.

Period after 138. (1) An application for an order under section 33 or 133 may not be made

which delivery after the end of the period of six years from the date on which the

up not infringing copy or article or, as the case may be, the illicit recording in

available. question was made, subject to the following provisions.

(2) Notwithstanding subsection (1) a person who during the whole or any

part of the period mentioned in subsection (1) is entitled to apply for an

order –

(a) is under a disability; or

(b) is prevented by fraud or concealment from discovering

the facts entitling him to apply,

may apply 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 limit for 139. No prosecution for an offence under this Act shall be commenced after the

prosecution. expiration of five years after the commission of the offence or one year after the

discovery there of, whatever date last occurs.

Powers of 140. (1) A Magistrate may, if satisfied by information on oath that there is

member of reasonable cause to believe that an offence against this Act is being

Police Force. committed issue a warrant authorising a member of the police not

below the rank of an inspector to –

(a) enter and search any premises or place;

(b) stop, board and search any vessel (other than a ship of

war) or any aircraft (other than a military aircraft); or

reasonably suspects there is an infringing copy of a work

or an illicit recording or any article used or intended to

be used for making infringing copies or illicit

recordings; and

(d) seize, remove or detain -

(i) any article which appears to the inspector to be

an infringing copy or an illicit recording or any

other article which appears to him to be intended

for use for making such copies or recordings;

and

(ii) anything which appears to him to be or to

contain, or to be likely to be or to contain,

evidence of an offence under this Act.

(2) An inspector to whom a warrant has been issued under subsection (1)

may -

(a) break open any outer or inner door of any place which he

is authorized by this section to enter and search;

(b) forcibly board any vessel, aircraft or vehicle which he is

authorized under this Act to stop, board and search;

the exercise of any power conferred on him by this Act;

(d) detain any person found in any place which he is

authorized under this section to search until such place

has been searched;

(e) detain any vessel or aircraft which he is authorized under

this section to stop, board and search, and prevent any

person from approaching or boarding such vessel or

aircraft until it has been searched;

(f) detain any vehicle which he is authorized under this Act

to stop and search until it has been searched;

(10) It shall be the duty of any inspector in the execution of any warrant given

under subsection (1) to produce the warrant to the owner or occupier of

any premises, place, vessel or aircraft entered or vehicle stopped,

pursuant to such directions if required by such owner or occupier to do

(11) An inspector to whom a warrant has been issued under subsection (1)

may call upon any constable to assist him in execution of the warrant.

Restrictions 141. (1) A magistrate may, if he is satisfied by information on oath that there is

on entry and reasonable ground for suspecting that there is in any domestic premises

search of any article which may be seized, removed or detained under any

domestic provision of this Act, issue a warrant authorizing a member of the Police

premises. Force not below the rank of Sergeant to enter and search the premises,

and such member may call upon any constable to assist him in entering

and searching the premises.

(2) In this section “domestic premises” means any premises or any part

thereof, used exclusively or mainly as a dwelling house.

Obstruction 142. (1) Without prejudice to any other written law, any person who -

of member of

Police Force. (a) willfully obstructs a member of the Police Force in the

exercise of his powers or the performance of his duties

under this Act;

(b) willfully fails to comply with any requirement properly

made to him by any such member; or

other assistance which he may reasonably require to be

given for the purpose of exercising his powers or

performing his duties under this Act,

is liable on summary conviction to a fine not exceeding five

thousand dollars or to imprisonment for a term not exceeding

two years.

(2) A person who, when required to give information to a member of the

Police Force in the exercise of his powers or the performance of his

duties under this Act, knowingly gives false or misleading information to

any such member is liable on summary conviction to a fine not

exceeding five thousand dollars or to imprisonment for a term not

exceeding two years.

(3) Nothing in this section shall be construed as requiring any person to give

any information which may incriminate him.

Offences by 143. Where an offence under this Act is committed by a body of persons whether

body corporate. corporate or incorporate, every person who at the time of the commission of the

offence, acted in an official capacity for or on behalf of the body of persons in

respect of that offence, whether as director, manager, secretary or other similar

officer, or purporting to act in that capacity commits that offence and shall be

tried under that offence.

Power to 144. (1) Subject to the provisions of this section the Minister may by order

apply provide that in respect of any country specified in the order, any

provisions of provisions of this Act so specified shall apply -

Act to other

country. (a) in relation to persons who are citizens or habitual

residents of that country as they apply to persons who

are citizens or habitual residents of Antigua and

Barbuda;

(b) in relation to bodies incorporated or established under

the law of that country as they apply in relation to bodies

incorporated or established under the laws of Antigua

and Barbuda;

sound recordings, films and editions first published in

that country as they apply in relation to such works,

sound recordings, films and editions first published in

Antigua and Barbuda;

(d) in relation to broadcasts made from or cable programmes

sent from that country as they apply in relation to

broadcasts made from or cable programmes sent from

Antigua and Barbuda;

(e) in relation to performances taking place in that country

or given by an individual who is a citizen or habitual

resident of that country, as they apply in relation to

performances taking place in Antigua and Barbuda or

given by an individual who is a citizen or habitual

resident of Antigua and Barbuda.

(2) An order made under this section applying any provisions of this Act in

relation to any country may apply that provision -

(a) without exception or modification or subject to such

exceptions and modifications as may be specified in the

order;

(b) generally or in relation to such classes of works or other

classes of case as may be so specified.

(3) An order shall not be made under this section in relation to any country

unless the country is -

(a) a Convention country; or

(b) a country as to which the Minister is satisfied that

provision has been or will be made under its law in

respect of the class of works or (as the case may be) the

performances, to which the order relates, giving

adequate protection to the owners of copyright under this

Act or, as the case may be, to Antigua and Barbuda

works and performances as defined in section 145 (4).

(4) In this section ‘Convention country” means a country which is a party to

a Convention relating to copyright or performers’ rights, as may be

appropriate, to which Antigua and Barbuda is also a party.

Denial of 145. (1) If it appears to the Minister that the laws of a country fail to give

rights in applies or to Antigua and Barbuda performances, or fail to give adequate

performances. 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).

(2) An order made for the purposes of this section shall designate the

country concerned and may provide either generally or in relation to such

classes of case as are specified in the order, that copyright shall not

subsist in works first published, or, as the case may be, that rights in

performances shall not subsist in performances first given, after a date

specified in the order (which may be a date before the commencement of

this Act) if, at the time of the first publication of those works or the

giving of the performance, as the case may be, the authors of the works

or the performers were or are -

(a) citizens or nationals of that country, not being at that

time persons whose habitual residence is in Antigua and

Barbuda or a specified country (excluding the country

concerned); or

(b) in the case of works, bodies incorporated or established

under the laws of that country.

(3) The Minister shall, in making an order under this section, have regard to

the nature and extent of the lack of protection for Antigua and Barbuda

works or Antigua and Barbuda performances in consequence of which

the order is being made.

(4) This section applies to literary, dramatic, musical and artistic works,

sound recordings and films, and for the purposes of this section-

“Antigua and Barbuda performances” means -

(a) performances given by individuals who are citizens or

habitual residents of Antigua and Barbuda; or

(b) performances that take place in Antigua and Barbuda;

“Antigua and Barbuda works” means works of which the author

was a qualified person at the material time within the meaning of

section 7 (3).

International 146. (1) This section applies to international organizations as to which the

Organizations. Minister by order has declared that it is expedient that this section should

apply.

(2) Where an original literary, dramatic, musical or artistic work is first

published by or under the direction or control of an international

organization to which this section applies in such circumstances that

work immediately after the first publication thereof and-

(a) the work is so published in pursuance of an agreement

with the author which does not reserve to the author the

(b) the work was made in such circumstances that, if it had

been first published in Antigua and Barbuda, the

organization would have been entitled to the copyright in

the work,

then, copyright shall subsist in the work by virtue of this section

and the organization shall be first owner of that copyright.

(3) Copyright of which an international organization is first owner by virtue

of this section shall subsist until the end of the period of fifty years from

the end of the calendar year in which the work was made or such longer

period as may be specified by the Minister, by order, for the purpose of

complying with the international obligations of Antigua and Barbuda.

(4) An organization to which this section applies which otherwise has not, or

at some material time otherwise has not, the legal capacities of a body

corporate shall have, and shall be deemed at all material times to have

had, the legal capacities of a body corporate for the purpose of holding,

dealing with and enforcing copyright, and in connection with all legal

proceedings relating to copyright.

Territorial 147. (1) For the purposes of this Act, the territorial sea and the exclusive

waters and economic zone of Antigua and Barbuda shall be treated as part of

exclusive Antigua and Barbuda.

economic

zone. (2) This Act applies to things done in the exclusive economic zone as it

applies to things done in Antigua and Barbuda.

(3) In this section -

“exclusive economic zone” means the zone established under

Cap. 260. section 10 of the Maritime Areas Act;

“territorial sea” means the waters described in section 5 of the

Cap. 260. Maritime Areas Act.

Act applies 148. (1) This Act applies to things done on an “Antigua and Barbuda ship” or

to ship Antigua and Barbuda aircraft as it applies to things done in Antigua and

aircraft Barbuda.

registered

in state. (2) In this section “Antigua and Barbuda ship” and Antigua and Barbuda

aircraft” mean, respectively, a ship or aircraft registered in Antigua and

Barbuda.

Act binds 149. This Act binds the Crown.

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.

Repeals. 151. The Copyright Act, Cap 104, and the Copyright Act, 1911 of the United

Kingdom, in so far as it forms part of the laws of Antigua and Barbuda are

hereby repealed.

Savings. 152. Nothing in this Act shall affect the operation of any rule of equity relating to a

breach of trust or confidence.

Transitional 153. (1) Where immediately prior to the appointed day copyright subsists in

provisions. Antigua and Barbuda in any literary, dramatic, musical or artistic work

by virtue of the Copyright Act, 1911 of the United Kingdom, such

Act shall be the owner thereof, under and subject to this Act, and in

particular -

(a) the duration of such copyright;

(b) the acts comprised within the exclusive rights attaching

to such copyright; and

event or transaction occurring or of any contract or

agreement made on or after the appointed day, shall be

governed by this Act.

(2) Where, on the appointed day copyright subsists in Antigua and Barbuda

by virtue of section 19 (1) of the Copyright Act, 1911 of the United

Kingdom, in any record, perforated roll or other contrivance by virtue of

which sounds may be mechanically produced, by virtue of section 12

(1) of the Copyright Act, 1956 of the United Kingdom in any sound

recording, such copyright shall continue -

(a) to subsist for the remainder of the period for which it

would have subsisted if this Act had not been passed;

and

(b) in relation to any such record, perforated roll or

contrivance, sound recording, to have the meaning and

effect it would have had if this Act had not been passed.

(3) The provisions of this Act shall also apply to works, performances,

sound recordings and broadcasts which were made prior to the date of

the coming into effect of this Act, provided that the term of protection

has not expired under the former legislation or under the legislation of

the country of origin of such works, performances, sound recordings, or

broadcasts that are to be protected under an international treaty to which

Antigua and Barbuda is a party.

(4) No act done before the appointed day is actionable by virtue of the

conferment of the rights specified in Part III.

(5) The right conferred by section 14 to be identified as the author or, as the

case may be, director of a work, and the right conferred by section 15 to

object to derogatory treatment of such work, shall not apply -

(a) in relation to a literary, dramatic, musical or artistic work

of which the author died before the appointed day; or

(b) in relation to a film made before the appointed day.

(6) The rights in relation to a literary, dramatic, musical or artistic work

existing before the appointed day do not apply -

(a) where copyright first vested in the author, to anything

which, by virtue of an assignment of copyright made or

licence granted before the appointed day, may be done

without infringing copyright;

(b) where copyright first vested in a person other than the

author, to anything done by or with the licence of the

(7) The right to privacy conferred by section 17 in respect of photographs

and films does not apply to photographs taken or films made, before the

appointed day.

(8) Where before the appointed day any person has incurred any expenditure

or liability in connection with or in contemplation of, the doing of an act

in relation to a protected work or a performance in respect of which

rights are conferred by this Act, being an act which prior to that date

would have been lawful, nothing in this Act shall diminish or prejudice

any rights or interests which, in relation to that work or performance, are

subsisting and valuable on the appointed day, unless the person who, by

virtue of this Act, is the owner of the copyright or the person having

rights in the performance agrees to pay such compensation as, in default

of agreement, may be determined by the Copyright Tribunal.

(9) Where an act done before the appointed day was then an infringement of

proceedings in respect of that Act may be taken as if this Act had not

been passed.

(10) An act done before the appointed day shall not be an infringement of

would not, but for the passing of this Act, have constituted an

infringement.

(11) Proceedings for infringement of copyright instituted but not disposed of

before the appointed day shall be disposed of as if this Act had not been

passed.

(12) Proceedings under this Act for infringement may be taken

notwithstanding that the alleged infringement occurred before the

appointed day.

(13) In this section “appointed day” means the day appointed pursuant to

section 1.

SCHEDULE

(Section 103 (2))

Constitution 1. (1) The Tribunal shall consist of a chairman and a deputy chairman and not

of Tribunal. more than three other members.

(2) A person eligible for appointment as chairman or a deputy chairman

shall be an attorney-at-law of not less than ten years standing or a person

who has held the office of a judge.

Appointment 2. The members of the Tribunal shall be appointed by the Governor General by

of members. 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. 4. The Governor General 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 Governor General, otherwise unfit to perform his

duties as member.

Proceedings 5. (1) The Copyright Tribunal shall sit in such number of divisions as may

of Tribunal. from time to time be necessary.

(2) A division of the Tribunal shall consist of -

(a) a chairman, who shall be either the chairman or a deputy

chairman of the Tribunal; and

(b) two or more ordinary members.

(3) Where in any proceedings the members are not unanimous, the decision

of the Tribunal shall be by a majority of the votes of the members, and in

the event of an equality of votes, the chairman shall be entitled to a

second or casting vote.

(4) Where part of any proceedings before the Tribunal has been heard and

one or more members of the Tribunal are unable to continue, the

Tribunal shall remain duly constituted for the purpose of those

proceedings so long as the number of members is not reduced to less

than three.

(12) If the chairman of the Tribunal is unable to continue he shall -

(a) appoint one of the remaining members to act as

chairman; and

(b) appoint a suitably qualified person to attend the

proceedings and advise the members of any question of

law arising.

(13) For the purposes of paragraph (4) (b), a person is suitably qualified if he

is or is eligible for appointment as a deputy chairman of the Tribunal.

(7) The decision of the Tribunal or a division thereof may be signified under

the hand of the chairman.

(8) Subject to the provisions of this Schedule and to any regulations made

pursuant to section 150, the Tribunal may regulate its own proceedings.

(9) The validity of the proceedings of the Tribunal shall not be affected by

any vacancy amongst the members thereof or by any defect in the

appointment of any member thereof.

Power to 6. The Tribunal may order that the costs or expenses of any proceedings before it

award costs. 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 he taxed.

Officers and 7. The Minister shall make such arrangements in relation to the provision and

employees. remuneration of officers and employees of the Tribunal as may from time to time

be necessary.

Remuneration 8. The chairman and other members of the Tribunal and persons appointed

of members. under paragraph 5 (5) (b) shall be paid such remuneration (whether by way of

honorarium, salary or fees) and such allowances 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. 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 11. Notwithstanding anything to the contrary, no act done or proceeding taken under

Tribunal. 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 12. A member of the Tribunal who is interested directly or indirectly in any matter

of interest. before the Tribunal –

(a) shall disclose the nature of his interest at any meeting of the

Tribunal dealing with the matter; and

(b) shall not take part in any deliberation or decision of the Tribunal

with respect to that matter.

Protection 13. No action, suit, prosecution or other proceedings shall be brought or instituted

of members. 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.

Passed the House of Representatives Passed the Senate

this day of 2002 this day of 2002

Speaker President

Clerk to the House of Representatives Clerk to the Senate

EXPLANATORY MEMORANDUM

This Bill seeks to modernise the law relating to copyright.

The law currently in force in Antigua and Barbuda is substantially the

technological advances, especially over the last three decades, have

revolutionized the modes of creating and disseminating information and

extended the categories of works requiring copyright protection. Of critical

importance to the development of national and cultural identity is the

promotion and encouragement of cultural expressions by nationals within a

legal framework which provides protection from the unauthorized

exploitation of their creative endeavours. Additionally, there have been

significant developments on the international copyright scene, having effect

worldwide, which point to the need for up-to-date domestic legislation

reflecting international standards.

The provisions of the Bill are consistent with the principal

international agreements affecting copyright, including the copyright section

of the Agreement on the Trade – Related Aspects of Intellectual Property

Rights. (TRIPS)

In style and content the Bill is consistent with the pattern of the

updated copyright laws of several CARICOM states. The similarity in

legislative approach facilitates collaboration and common action in this field,

where necessary or desirable.

Part I (Clauses 1-4) contains the interpretation clauses.

Part II (Clauses 5 – 13) sets out the categories of works protected by

rights conferred under the Part.

Part Ill (Clauses 14 - 21) sets out the details of the moral rights and the

related rights of the author of specified categories of works.

Part IV (Clauses 22 – 28) contains provisions dealing with the ownership

and assignment of copyright.

Part V (Clauses 29 -50) specifies the acts which constitute infringements of

exclusive licensee in respect of such infringements.

Part VI (Clauses 51- 86) contains the exceptions to copyright infringement.

These include use of the protected work for research and private study,

criticism and review, use for public administration and use by educational

establishments, libraries and archives, subject to specified conditions.

Part VII (Clauses 87 - 102) contains provisions dealing with the licensing of

protected work by licensing bodies, on behalf of copyright owners, and the

referral to the Copyright Tribunal of licensing schemes for the use of such

works.

Part VIII (Clauses 103 - 106) deals with the establishment and jurisdiction of

the Copyright Tribunal and provides for the making of regulations governing

its operation.

Part IX (Clauses 107 - 132) contains provisions which confer rights in

performances, on a performer and on a person who has an exclusive

recording contract in relation to a performance. Exceptions to these rights

are specified and offences are created for dealing with illicit recordings.

Part X (Clauses 133 - 153) sets out general provisions. These include

provisions making explicit the powers of the police as regards offences

created under the law, authorizing the extension of the provisions of the

law to nationals of other countries, as well as the denial of such protection in

certain circumstances, and the making of regulations.

The Schedule contains provisions relating to the constitution and operation of

the Copyright Tribunal.

Dated this day of November, 2002

Dr. L. Errol Cort

Attorney General and

Minister of Justice and

Legal Affairs

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e) pay for the Executor’s services in the amount and following the procedure set forth by this Agreement.

2. The Executor shall verify the Customer’s data and post the information about the Customer and his/her work of authorship on SciReg.org in Internet. From this moment on, the Customer shall be considered as an acceptor of this Offer and a Party to this Agreement.

3. The Executor shall be entitled, without giving any reasons, to refuse the Customer to accept this Offer and the Customer unconditionally, entirely and irrevocably agrees with this provision.

Article 3. Scope of the Agreement.

1. The Executor hereof shall render services on establishing, formation and maintenance of the Copyright register in electronic format on the Executor’s official website in Internet.

2. The Executor hereof shall render to the Customer paid services on posting (publishing) of information about the applicant as the author of the material under the terms and in accordance with this Agreement.

3. The work of authorship shall be understood by the Parties as a subject matter of copyright established by the Civil Code or other laws of the Author’s Country of domicile.

4. The Executor shall publish information (data), hereinafter referred to as the “summary”, about the applicant as the author of the material in the Register posted on the Executor’s official website in Internet under the terms set forth by this Agreement.

5. The Executor shall be entitled, at his own discretion and without coordination with the Customer, to assign his obligations for execution of this Agreement to any third party, and the Customer unconditionally agrees with this provision.

Article 4. Register.

1. The Register shall be an ordered and standardized register containing a summary of the Customer: Author’s information, including co-authors, name of the work of authorship, publication date, author’s abstract revealing the content of the work of authorship and its unique character, as well as a unique number of posting in the Register assigned to the author and his/her material automatically by the Executor, key words (tags) that enable any person to find information about the author and his/her publication posted in the Register on the Executor’s official website in Internet.

2. The author’s abstract shall be a brief description of the author’s publication designating its unique character and showing that the Customer is its author.

3. The Register shall be maintained in electronic form on the Executor’s official website in Internet.

4. Information about the author, work of authorship and other information required by the rules for information posting in the Register, set forth by the Executor, except for the unique number, shall be posted by the Customer individually on the Executor’s official website in Internet.

5. Both the Register and the official website shall be the Executor’s property.

6. Any and all information posted by the Customer in the Register in accordance with the terms set forth by this Agreement shall be the Executor’s property. Hereby, the Customer shall not transfer copyright for his/her work of authorship to the Executor.

7. The rules for maintenance of the Register, its execution, posting of any details (information) in it shall constitute Appendix 1 to this Agreement forming an integral part hereof. The rules shall be issued exclusively by the Executor. The Executor, without coordination with the Customer and the Customer’s consent, shall have the right to make any changes in and/or amendment to the Register maintenance rules and the Customer unconditionally agrees with this provision. The Register maintenance rules shall be unconditionally mandatory for the Customer.

Article 5. Obligations of the Parties.

1. The Parties hereto shall (hereby shall be obliged to) unconditionally, voluntarily, conscientiously, and accurately follow all provisions of this Agreement, as well as any and all supplements, amendments and/or alterations hereto made under the terms set forth by this Agreement.

2. The Customer shall pay for the Executor’s services following the procedure and in the amount established by this Agreement.

3. The Customer, in contemplation of his/her death, shall be obliged to bind defendants to the terms of this Agreement.

4. If the Customer’s copyright is assigned to a third party, he/she shall be obliged to bind such third party to his/her obligations hereunder.

5. The Customer shall have an exclusive right to refer, in any form, to his/her summary (synopsis, author’s abstract) posted in the Register on the Executor’s official website in Internet in case of complete and fair execution of his/her obligations under this Agreement.

Article 6. Payment for the Executor’s services. Agreement price.

1. The Customer shall pay for the Executor’s services following the procedure and in the amount established by the provisions of this Article.

2. The price for one posting by the applicant of one his/her summary in the Register shall be 20 (twenty) US Dollars – price of this Agreement.

3. The procedure for paying the amount set forth by this Article of the Agreement shall be determined in Appendix 1 to this Agreement.

4. The applicant shall pay the amount stated in para 2 of this Article (pay for the Executor’s service) to the Executor at the time of registration.

5. The amounts paid hereunder by the Customer to the Executor shall be nonreturnable.

6. Each Party shall individually pay any and all own taxes, duties and/or fees established by the legislation of the Party in connection with execution of the terms hereof by the Party. Neither party shall be a fiscal agent of the other Party.

Article 7. Withdrawal from the Agreement.

1. The Customer shall be entitled to withdraw from execution of this Agreement in the form of non-payment of a next settlement set forth by this Agreement.

2. The Executor shall have the right, including in his sole discretion, to withdraw from execution of this Agreement without reimbursement to the Customer of any expenses and/or losses (damages), as well as without payment of any penalty and/or penalty fee and/or any other forfeit, and the Customer unconditionally and entirely agrees with this provision, in the following case (cases):

a) failure to pay by the Customer for the services to the Executor in the amount and under the terms set forth by this Agreement; and/or

b) provision of false information by the Customer; and/or

c) any other technical reasons.

Article 8. Information sharing.

1. Unless otherwise provided for in this Agreement, the Parties hereto may share information, and this information for the Parties shall be regarded as official, by phone, fax, sms, Skype, via e-mail and/or in writing (in hard copy).

2. The Parties hereto may share documents and these documents shall be legally effective for the Parties and considered properly received by the Parties by fax, Skype, via e-mail, in writing in hard copy, unless otherwise provided for in this Agreement. A signature affixed to the document forwarded by any Party via e-mail shall be accepted by the Parties. A signature affixed to the document forwarded by any Party by fax shall be accepted by the Parties. A signature affixed to the document forwarded by any Party via Skype shall be accepted by the Parties.

3. Along with the afore-mentioned, the Parties may have electronic documentary interchange and affix their electronic digital signatures (EDS) on any and all documents.

Article 9. Arbitration.

1. All disputes arising between the Parties in relation to interpretation of this Agreement and/or execution of this Agreement shall be settled by the Parties in the form of bilateral negotiations.

2. If the Parties fail to reach a compromise during negotiations, they shall settle their dispute in the arbitration court (arbitration) of the Chamber of Commerce and Industry of British Virgin Islands.

3. As the rules of procedural law based on which the Parties shall settle their dispute, the Parties shall accept the rules of arbitration court (arbitration) of the Chamber of Commerce and Industry of British Virgin Islands.

4. As the rules of substantive law based on which the Parties settle their dispute, the Parties shall accept this Agreement and rules of international agreements (conventions) regulating copyright legal relationship.

Article 10. Other terms and conditions.

1. This Agreement is made in written and electronic form, in one counterpart, which:

a) Agreement in writing is kept in the Executor’s office, and

b) posted in electronic form on the Executor’s official website in Internet.

2. Alteration, amendments and/or supplements to this Agreement shall be made in written and electronic form by the Executor individually, in a single hard counterpart and a single electronic counterpart posted on the official website in Internet and the Customer unconditionally agrees with this provision.

3. Changes in this Agreement shall be made by the Executor as a new version of the Agreement.

4. If the Customer disagrees with new terms and conditions, he/she shall have a right to withdraw from the Agreement following the procedure and terms set forth by this Agreement.