SAINT VINCENT AND THE GRENADINES COPYRIGHT ACT
saint_vincent_&_Grenadines_copyright_2003_en.pdf
SAINT VINCENT AND THE GRENADINES
COPYRIGHT ACT, 2003
ARRANGEMENT OF SECTIONS
SECTION
PART I
PRELIMINARY
1. Short title and commencement
2. Interpretation
3. Publication
4. Lawful reception of encrypted broadcasts
PART II – COPYRIGHT
Protected Works
5. Categories of protected works
6. Qualification for copyright protection
7. Nature of copyright economic rights
Duration of Copyright Protection
8. Duration of copyright in literary, works, etc.
9. Duration of copyright in sound recordings and films
10. Duration of copyright in broadcasts and cable programmes
11. Duration of copyright in typographical arrangements
PART III – MORAL RIGHTS AND RELATED RIGHTS
12. Moral rights
13. Right to be identified as author
14. Right to object to derogatory treatment of work
15. False attribution of work
16. Right to privacy commissioned photographs and films
17. Duration of moral rights and related rights
18. Consent and waiver of rights
19. Application of provisions to joint works
20. Application of provisions to part of work
PART IV – OWNERSHIP AND ASSIGNMENT OF RIGHTS
Ownership of Copyright
21. Ownership of copyright
22. Assignment and licences
23. Prospective ownership of copyright
24. Copyright in unpublished works passes under will
25. Moral rights not assignable
PART V – INFRINGEMENT OF RIGHTS
26. Transmission of moral rights on death
27. Meaning of action
28. Acts infringing copyright
29.
Action by owner of copyright for infringement
30.
Order for delivery up in civil proceedings
31.
Right to seize infringing copies
32.
Wide injunction available to licensing bodies
33.
Definition of exclusive licensee
Moral and Related Rights
34.
Infringement of right to be identified as author or director
35.
Infringement of right to object to derogatory treatment of work
36.
Infringement by possession of infringing article
37.
False attribution of work infringement of right
Remedies for Infringement of Moral Rights and Related Rights
38.
Infringement of privacy right in photographs, etc.
39.
Remedies for infringing moral rights etc.
Presumptions
40.
Presumptions as to subsistence and ownership of copyright
41.
Presumption in relation to authorship of protected works
42.
Presumptions where action relates to sound recordings, films and computer
programme
Offences
43.
Withdrawal of privilege against illumination of self or spouse in infringement and
related proceedings
44. Offences in respect of dealings which infringe copyright
45. Presumptions not to apply
46. Order to deliver up in criminal proceedings
Supplementary
47. Application of provisions of re-entry
48. Provisions for restricting importation of infringing copies
PART VI – EXCEPTIONS TO INFRINGEMENT OF COPYRIGHT
Preliminary
49. Definitions
General Exceptions
50. Research and private study
51. Criticism, review and reporting
52. Determining fair dealing
53. Incidental inclusion of protected work
54. Anonymous and pseudonymous literary work
55. Use of notes of recordings of spoken words, etc
Use of Work for Educational Purpose
56. Acts done for purposes of instruction or examination
57. Anthologies for educational use
58. Performing, playing or showing works in course of educational activities
59. Recording of broadcast, by educational establishments
60. Restriction on reprographic copying from published works
61. Subsequent dealing with authorised copies
Exceptions affecting Libraries and Archives
62. Interpretation of references
63. Supply by librarian of copies of published work
64. Supply of copies to other libraries
65. Replacing copies of works
66. Copying of unpublished work
Exceptions Relating to Public Administration
67. Recording for archival purposes
68. Parliamentary and judicial proceedings etc.
69. Public records
70. Design documents and models
71. Exploitation of a design derived from artistic work
Exception Relating to Works in Electronic Form
72. Transfer of works in electronic form
Miscellaneous Exceptions Relating to Literary, Dramatic, Musical and ArtisticWorks
73. Statutory licences: recordings for broadcasting
74. Reading or recitation in public
75. Representation of artistic works on public display
76. Reconstruction of buildings
77. Subsequent work by same artist
Miscellaneous Exceptions Respecting Broadcasts
78. Recording broadcasts for programme supervision
79. Recording for purposes of time shifting
80. Provision of subtitled copies of broadcast or cable programme
81. Adaptations
Prescribed Exceptions
82. Power of Minister to prescribe exceptions to infringement
PART V11 – COPYRIGHT LICENSING
Preliminary
83. Definitions
84. Licensing schemes tow which sections 84-92 apply
85. Reference of proposed licensing scheme to Court
86. Reference of existing licensing scheme to Court
87. Further reference to Court
88. Application for grant of licence in connection with licensing scheme
89. Application for review as to entitlement to licence
90. Effect of order of Court as to licensing scheme
References And Application With Respect To Individual Licensing By Licensing
Bodies
91. Licences to which sections 91-95 apply
92. Reference to Court of proposed licence
93.
Reference to Court of expiring licence
94.
Application for review of order as to licence
95.
Effect of order of Court as to licence
Factors to be taken into account in certain classes of case
96.
General consideration unreasonable discrimination
97.
Licences for reprographic copying
98.
Licences for educational establishments in respect of works included in
broadcasts or cable programmes
99.
Licences to reflect conditions imposed by promoters events
100. Licences to reflect payments in respect of underlying rights
101. Mention of the specific matters not to exclude relevant considerations
PART IX – RIGHTS IN PERFORMANCES
102. Protection and conferment of rights in performances
Performer’s Rights
103. Consent required for recording or live transmission of performance
104. Consent and royalty required for adaptation of recording
105. Infringement of performer’s rights by importing possessory, illicit recording
106. Performers moral rights
Rights of Person Having Recording Rights
107. Consent required of performance subject to exclusive contract
108. Infringement of recording rights by use of recording made without consent
109. Infringement of recording rights by importing, possessory, illict recording
Exceptions to Infringement
110. Fair dealing for criticism, etc
111. Acts done to recording of performance for purposes of instruction
112. Recording of broadcasting and cable programmeS by educational establisment
113. Acts done to performance or recording for Parliamentary proceedings
114. Transfer of recording of performance in electronic form
115. Use of for recordings of spoken words
116. Playing sound recording for charitable purposes
117. Incidental recording for purposes of broadcast or cable programme
118. Recordings for supervision and control of programmes permitted
119. Order excepting acts from infringing rights under this Part
120. Court may consent on behalf of performer
Duration and Transmission of Rights in Performances; Consent
121. Duration of rights in performances
122. Transmission of rights in performances
123. Consent
Remedies for Infringement of Rights in Performances
124. Infringement actionable as breach of statutory duty
125. Order for delivery up of illicit recording in Court
126. Right to seize illicit recordings
Offences in Relation to Performances
127. Criminal liability for making illicit recordings
128. Order for delivery up of illicit recording in criminal proceedings
PART X – COLLECTIVE SOCIETIES
129. Collective societies to be registered
130. Administration of rights by collective society
131. Control over the copyright society by the owner of rights
132. Submission of returns and reports
133. Rights and liabilities of performing rights societies
PART XI – GENERAL
134. Order for disposal of infringing copy or illicit recording
135. Period after which delivery up not available
136. General civil remedies
137. Time limit for prosecution
138. Powers of member of Police Force
139. Restrictions on entry and search of premises
140. Obstruction of member of Police Force
141. Offences by body corporate
142. Power to make regulations
143. International organisations
144. Act binds Crown
145. Regulations
146. Repeals
147. Savings
148. Transitional provisions
SAINT VINCENT AND THE GRENADINES
ACT NO. 21 of 2003
I ASSENT
DR.FREDERICK BALLENTYNE
[L.S.] Governor-General
6th November, 2003
AN ACT to make a comprehensive copyright law for Saint Vincent and the
Grenadines, to afford better protection for literary, dramatic, musical,
artistic and other works and creative products, to provide for the right of
performers and others in performances and to repeal the Copyright Act
Cap. 262 and provide for matters connected therewith or incidental hereto.
[By Proclamation]
BE IT ENACTED by the Queen’s Most Excellent Majesty by and with
the advice and consent of the House of Assembly of Saint Vincent and
the Grenadines and by the authority of the same as follows:
PART 1
PRELIMINARY
Short title and 1. (1) This Act may be cited as the Copyright Act 2003.
commencement
(2) This Act shall come into force on a day to be
appointed by the Governor General by order published in the Gazette,
and different days may be appointed for different provisions and
different purposes.
Interpretation 2. (1) In this Act
“adaptation” includes:
(a) in relation to computer programme, a
version of the programme in which it is
converted into or out of a computer
language or code, or into a different
language or code otherwise than
incidentally in the course of
running the programme;
converted into or out of a computer
language or code, or into a different
language or code otherwise than
incidentally in the course of
running the programme;
(b)
in relation to a literary work in a non-
dramatic form, a version of the work,
whether in its original language or in a
different language, in a document form;
(c)
in relation to a literary work in
a dramatic form, a version
of the work whether in its original
language, or different language, in a
non-dramatic form;
(d)
in relation to a literary work, whether in a
non-dramatic form or in a dramatic form,
(i)
a translation of the work;
(ii)
a version of the work in which the
story or action is conveyed solely
or principally by means of pictures
in a form suitable for reproduction
in a book or a newspaper, a
magazine or similar periodical;
and
(e)
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 model of a building,
irrespective of artistic quality; or
(c)
a work of artistic craftsmanship to
which neither paragraph (a) nor
paragraph (b) applies;
“author” means the person who creates a
work, being
(a)
in relation to a literary or dramatic work,
the author of the work;
(b)
in relation to musical work, the composer;
(c)
in relation to an artistic work other than a
photograph, the artist;
(d)
in relation to a photograph, the person
taking the photograph;
(e)
in relation to a sound recording or film, the
person by whom the arrangements
necessary for the making of the recording
or film are undertaken;
(f)
in relation to the typographical
arrangement of a published edition,
the publisher;
(g)
in relation to 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)
in relation to a cable programme, the
person providing the cable programme
service in which the programme is
included;
(i)
in relation to a computer-generated
literary, dramatic, musical or artistic work,
the person by whom the arrangements
necessary for the creation of the work
are undertaken;
“broadcasting” means a transmission of
wireless telegraphy of visual images,
sounds or other information which,
wireless telegraphy of visual images,
sounds or other information which,
(a)
having regard to section 4 is
capable of being lawfully received
by members of the public or;
(b)
is transmitted for presentation
to members of the public;
“to broadcast” means to transmit by the
emission of electromagnetic energy
otherwise than over a path that is provided
by a material substance, visual images
or sounds, or other information,
irrespective of the form in which the
sounds, images or information are
represented for reception by the public
notwithstanding that;
(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
(c)
no member of the public
actually received the images
or sounds, provided only that
members of the public could, if
in possession of suitable apparatus,
receive them,
and “broadcasting” and “re-broadcasting” shall
have corresponding meaning;
“building” includes a fixed structure of any kind
and a part of a building or fixed structure;
“business” includes a trade or profession;
“cable programme service” means any item
included in a cable programme service,
and any reference in this Act
(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 included in it is a
reference to the person providing
the service;
“Comptroller” means the Comptroller of Customs
and Excise;
“collective works” means,
(a)
a work of joint authorship; or
(b)
a work in which there are distinct
contributions by different authors or in
which works or parts of works of different
authors are incorporated;
“computer generated work” means a work
generated by a computer in circumstances
such that the work has no human author;
“computer programme” means a set of
instructions whether expressed in words
or in a dramatic or other form, which is
capable when incorporated in a machine
readable medium, of causing an electronic
or other device having information
process capabilities to indicate, perform
or to achieve a particular function, task or
result;
“communication to the public” means the
transmission by wire or wireless means of
the images or sounds, or both, of a work,
a performance or a sound recording in
such a way that the images or sounds can
be perceived by person outside the normal
circle of a family and its closest social
acquaintances at a place or places so
distant from the place where the
transmission originates that, without the
transmission, the images or sounds would
not be perceivable and further,
irrespective of whether the person can
receive the images or sounds at the same
place and time, or different places or
times;
“copy” includes:
(a)
in relation to a work that is literary,
dramatic, musical or artistic work, a
reproduction of the work in any material
form; or
(b)
in respect of an artistic work, 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; or
(c)
in respect of a literary, dramatic or musical
work includes a reproduction in the form
of a record or film;
(d)
in relation to 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;
(e)
in relation to a work that is a
typographical arrangement of a published
edition, a facsimile copy of the
arrangement; and
(f) any category however made and in
whatever medium, that is transient or
is 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 subsisting
under Part II of this Act;
“Court” means High Court;
“country” includes any territory;
“distribution” means the distribution to the
public, for commercial purposes, of
copies of work by way of rental,
lease, hire, loan or similar arrangement
and distributing has a corresponding
meaning;
“dramatic work” includes:
(a)
a choreographic show or entertainment in
dumb show; and
(b)
a scenario or script for a film but does not
include a film as distinct from the scenario
or script;
“drawing” includes a diagram, map, chart or
plan;
“educational institution” means any school,
college or other educational body
designated by the Minister by order either
specifically or by reference to a class,
for the purposes of this Act;
“engraving” includes an etching, lithograph,
product of photogravure, woodcut, print
or similar work, not being a photograph;
“exclusive licence” means a licence in writing
signed by or on behalf of the owner of
copyright in a work authorizing the
licensee, to the exclusion of
all other persons, including the person
granting the licence, to exercise a
right which would otherwise be
exercisable exclusively by the owner
of the copyright;
granting the licence, to exercise a
right which would otherwise be
exercisable exclusively by the owner
of the copyright;
“exclusive recording contract” means a contract
between a performer and another person
under which that person is entitled,
to the exclusion of all other
persons, including the performer, to
make recordings of one or more of
his performances with a view to their
being shown or played in public, sold,
let for hire, or otherwise
commercially exploited;
“film” means a recording of any medium from
which a moving image may by any means
be produced;
“future copyright” includes:
(a)
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;
(b)
in relation to such copyright a person
prospectively entitled thereto by virtue of
such an arrangement as stated in section
21;
“graphic work” includes:
(a)
any painting, drawing, diagram, map,
chart, or plan; and
(b)
any engraving, etching, lithograph,
woodcut or similar work;
“illicit recording” means:
(a)
for the purposes of a performer’s
rights, a recording of the whole or a
substantial part of a performance of his
if it is made otherwise than for private
purpose, without his consent;
(b)
for the purposes of the rights of a
person having recording rights
under an exclusive recording
contract, a recording of the whole or
any substantial part of a
performance subject to the exclusive
recording contract, if it is made
otherwise than for private purposes,
without his consent or that of the
performer;
(c)
the purposes of any offence under this Act,
a recording which is an illicit
recording by virtue of either paragraphs
(a) or (b) of this definition;
“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
provisions of this Act;
(b)
any copy of the work that is or is
proposed to be imported into
Saint Vincent and the Grenadines and
its making in Saint Vincent and
the Grenadines would have constituted
an infringement of the copyright in the
work of a breach of an
exclusive agreement relating to that work;
“literary work” means,
(a)
any work, other than a dramatic or
musical work, which is written, spoken or
sung;
(b)
a written table or compilation;
(c) a computer programme;
“manuscript” in relation to a work, means
the original document embodying the
work whether written by hand or not;
“Minister” means the Minister responsible
for copyright;
“musical work” means a work consisting of
music, exclusive of any words or action
intended to be sung, spoken or
performed with the music;
“owner of rights” means a legal or natural person
who owns the rights to a work;
“performer” means any actor, singer,
musician, dancer or other person
who acts, sings, depicts, delivers,
declaims, plays in or otherwise
performs a literary, dramatic, musical or
artistic work; and references to the
performer in the context of the person
having performer’s rights, shall be
construed to include references to the
person who, pursuant to any provision of
this Act, is for the time being entitled to
exercise those rights;
“performance” in relation to
(a) copyright in a protected 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;
(b) 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, which is, or to the extent
that it is, a live programme given by
one or more individuals;
“person having recording rights” in relation to
a performance means a person who
being a qualified person,
(a)
is either a party to or has the benefit of an
exclusive recording contract to which the
performance is a subject or is a person to
whom the benefit of such a contract has
been assigned; or
(b)
is licenced to make recordings of the
performance with a view to them being
sold or let for hire or shown or played in
public, by a person who is within the
definition in paragraph (a) but is not a
qualified person;
“photograph” means a recording of light or
other radiation on any medium on which
an image is produced or from which an
image may by any means be
produced, and which is not part of a film;
“place
of public entertainment” includes
any premises which are from time to
time made available for hire to such
persons as may desire to hire them for
purposes of public entertainment, and the
premises that are occupied mainly
for other purposes;
“prospective owner” has the meaning assigned to
it in the definition of “future copyright”;
No. 8 of 1994
“protected work” is work of any category in
which copyright subsists by virtue of this
Act;
“published edition” in relation to copyright in
the typographical arrangement of a
published edition, means the published
edition of the whole or any part of one or
more literary, dramatic, musical or artistic
works;
“qualified person”
(a)
in the case of an individual, means a
person who is a citizen of Saint Vincent
and the Grenadines, or who is domiciled
or resident in Saint Vincent and the
Grenadines;
(b)
in the case of a body corporate, means a
body incorporated or established under
the Companies Act;
“qualifying performance” means a performance
that
(a)
is given by an individual who is a
qualified person; or
(b)
takes place in Saint Vincent and the
Grenadines; or a specified country;
“record” means any disc, tape, perforated roll or
other device in which sounds are
embodied so as to be capable of being
reproduced therefrom irrespective of the
form in which the sounds are represented,
other than a sound track associated with a
film, but includes in relation to a
performance, a film incorporating the
performance;
“recording” in relation to a performance means a
film or sound recording
(a)
made directly from the live performance;
(b)
made from a broadcast of, or cable
programme including, the performance;
or
(c)
made directly or indirectly from another
recording of the performance;
“rental” means any arrangement under which a
copy of a work 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;
“reprographic process” includes:
(a)
a process for making facsimile copies;
(b)
a process involving the use of an
appliance for making multiple copies, or
(c)
in relation to a work held in
electronic form; any copying by
electronic means of the work, except for
the making of a film or sound recording;
“sculpture” includes a cast or model made for
purposes of sculpture;
“sound recording” means:
(a)
a recording of sounds from which the
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
thereof may be produced,
regardless of the medium on which the recording
is made or the method by which the sounds are
reproduced or produced or the form in which the
sounds are represented;
is made or the method by which the sounds are
reproduced or produced or the form in which the
sounds are represented;
“specified country” means a country specified by
the Minister by order;
“telecommunications system” means a system
for conveying visual images, sounds or
other information by electronic means;
“typeface” includes an ornamental motif
used in printing;
“unauthorised” when used to describe any act
done in relation to a work, means:
(a)
if copyright subsists in the work, an act
done otherwise than by or with the licence
of the owner of the copyright;
(b)
if copyright does not subsist in the work;
an act done otherwise than by or with
the licence of the author or person
lawfully claiming under him;
“wireless telegraphy” means the emitting or
receiving otherwise than over a path that
is provided by a material substance of
electro-magnetic energy transmitting
visual images or sounds or both visual
images or sounds;
“work” means,
(a)
a literary, dramatic, musical or artistic
work;
(b)
a sound recording, film, broadcast or cable
programme;
(c)
the typographical arrangement of a
published edition;
“work of joint authorship” means a work
produced by the collaboration of two or
more authors in which the contribution of
each author is not separate from the
contribution of the other author or
authors;
“writing” includes any form of notation, whether
by hand or by printing, typewriting or by
any other process.
(2) References in this Act to the time at which, or the
period during which, a literary, dramatic or musical 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 section, “publication in
relation to work” means,
(a)
the issue of copies to the public and related
expression shall be construed accordingly;
(b)
in the case of a literary, dramatic, musical
or artistic work, making it available to the
public by means of an electronic retrieval
system;
(2) In the case of a work or architecture in the form of
a building, or an artistic work incorporated in a building, completed
construction of the building shall be treated as equivalent to publication
of the work.
(3) The following do not constitute publication for the
purposes of this Act
(a)
in the case of a literary, dramatic or
musical work,
(i)
the performance of the work;
(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; or
(ii)
the issue to the public of copies of
photographs of a work of
architecture in the form of building,
or a model, a sculpture or a work of
artistic craftsmanship; or
(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;
(c)
in the case of a sound recording or film;
(i)
the work being played or shown
in public; or
(ii)
the broadcasting of the work or its
inclusion in a cable programme
service.
(4) A publication that is merely colourable that does
not constitute an infringement of copyright or constitute an offence
under this Act shall be disregarded for the purposes of this Act.
(5) For the purposes of this Act, a publication outside
of Saint Vincent and the Grenadines 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.
(6)
In determining for the purposes of this Act
(a)
whether a work has been published,
(b)
whether a publication of a work was the
first publication of work; or
(c)
whether a work was published or
otherwise dealt with in the lifetime of a
Lawful
reception of
encrypted
broadcasts
person;
any unauthorised publication or the doing of any other unauthorised act
shall be disregarded.
(7) A publication or other act shall for the purposes of
subsection (6) be taken to have been unauthorised if,
(a)
copyright subsisted in the work and the act
concerned was done otherwise than by, or
with the licence of the owner of the
copyright; or
(b)
copyright did not subsist in the work and
the act concerned was done otherwise than
by, or with the licence of
(i)
the author; or
(ii)
persons lawfully claiming under
the author.
(8) Nothing in either subsection (6) or subsection (7)
affects any provisions of this Act relating to the acts conferred in
copyright or to the acts constituting infringements of copyright or
offences under this Act.
4. (1) In relation to the broadcast of a work, an
encrypted transmission shall be regarded as capable of being lawfully
received by members of the public only if decoding equipment has been
lawfully made available to members of the public by or with the
authority of the person making the transmission or the persons 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 receiving
Categories of
protected
works
Qualification
for copyright
protection
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
5. (1) Subject to this section, the categories of works in
which copyright under this Act may subsist are:
(a)
original literary, dramatic, musical or
artistic works;
(b)
sound recordings, films, broadcasts or
cable programmes;
(c)
typographical arrangements of published
editions.
(2) A literary, dramatic or musical work shall not be
eligible for copyright protection unless it is written down, recorded or
otherwise fixed in a material form; and the storage of the work in a
computer shall be regarded as a recording of the work in a material form.
(3) For the purposes of subsection (2), it is immaterial
whether the works 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.
6. (1) A literary, dramatic, musical or artistic work, or,
subject to subsection (2) a typographical arrangement of a published
edition, qualifies for copyright protection where,
(a)
the author thereof was a qualified person at
the time at which the work was made or, if
the making of the work extended over a
period of time and the author was a
qualified person for a substantial part
of that period; or
(b)
in the case of a published work
(i)
where having regard to section 3,
the first publication took place in
Saint Vincent and the Grenadines
or in a specified country;
(ii)
the author was a qualified person at
the time at which the work was
first published;
(iii)
where the author had died before
publication but was a qualified
person immediately before his
death; or
(c)
in the case of an artistic work which is a
building or incorporated in a building, if
the building is erected in Saint Vincent and
the Grenadines or in a specified country.
(2) Copyright shall not subsist in the typographical
arrangement of a published edition, or to the extent that it reproduces
the typographical arrangement of a previous edition.
(3) A sound recording or film qualifies for copyright
protection if;
(a)
the maker of the recording or film was a
qualified person for the whole or
substantial part of the period during which
the sound recording or film was made; or
(b)
having regard to section 3, if the sound
recording or film has been published and
the first publication took place in Saint
Vincent and the Grenadines or in a
specified country.
(4) 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.
(5) A broadcast qualifies for copyright protection
if it is made in Saint Vincent and the Grenadines or in a
specified country by a transmitting station in respect of which there is
No. 1 of 2002 a valid licence granted under the Telecommunications Act.
(6) Copyright does not subsist in a broadcast which
infringes or to the extent that it infringes the copyright in another
broadcast or programme.
(7) A cable programme qualifies for copyright
protection if it is sent from a place in Saint Vincent and the Grenadines
or in a specified country, in accordance with any law in force regulating
transmission by cable.
(8) Subject to subsection (7) copyright shall not
subsist in any cable programme
(a)
if it is included in a cable programme
service by reception and immediate retransmission
of a broadcast or;
(b)
if it infringes, or to the extent that it
infringes, the copyright in another cable
programme or in a broadcast.
(9) In relation to a work of joint ownership the
references in subsection (1) to author shall be construed as references to
any one of the authors.
(10) If the qualification requirements of this section are
once satisfied in respect of a work, copyright does not cease to exist by
reason of any subsequent event.
(11) The provisions of this Act shall also apply to
works that are eligible for protection in Saint Vincent and the
Grenadines by virtue of and in accordance with any international
convention or other international agreement to which Saint Vincent and
the Grenadines is party.
Nature of 7. (1) Subject to the provisions of this Act, the owner of
copyright
Copyright shall have the exclusive right to do, authorise, or prohibit the
economic rights
following acts in relation to the work:
(a)
reproduction of the work;
(b)
translation of the work;
(c)
adaptation, arrangement or other
transformation of the work;
(d)
the first public distribution of the original
and each copy of the work by sale, rental,
or otherwise;
(e)
rental or public lending of the original or a
copy of an audiovisual work, a work
embodied in a sound recording, a
computer programme, a data base or a
musical work in the form of notation,
irrespective of the ownership of the
original or copy concerned;
(f)
importation of copies of the work, even
where the imported copies were made with
the authorisation of the owner of
copyright;
(g)
public display of the original or a copy of
the work;
(h)
public performance of the work;
(i)
broadcasting of the work;
(j)
communication to the public of the work.
(2)
The rights of rental and lending under paragraph
(e) of subsection (1) shall not apply
(a)
to rental or lending of computer
programmes where the programme itself is
not the essential object of the rental or
lending; or
(b)
to cinematographic works unless such
commercial rental has led to widespread
copying of such works materially
impairing the exclusive right of
production.
(3) The onus of proving that widespread copying of a
cinematographic work has materially impaired the exclusive right of
production under this section rests upon the person who alleges that this
is the case.
Duration to Copyright Protection
Duration of
copyright in
literary,
works,etc.
8. (1) Subject to the provisions of this section, copyright
in any literary, dramatic, musical or artistic work expires at the end of
the period of seventy five years from the end of the calendar year in
which the author dies.
(2) Where the authorship of a work referred to in
subsection (1) is unknown, copyright in that work expires at the end of
the period of fifty years from the end of the calendar year in which it
was first made available to the public, and subsection (1) shall not apply
if the identity of the author becomes known after the end of that period.
(3) For the purposes of subsection (2), acts that
constitute the making available of a work to the public include:
(a)
in relation to a literary, dramatic or
musical work, the performance of the work
in public or its broadcast or inclusion in a
cable programme service;
(b)
in relation to an artistic work, the
exhibition of the work in public or its
inclusion in a film shown to the public or
in a broadcast or cable programme
service,
so, however, that in determining for the purpose of this subsection
whether a work has been made available to the public any unauthorized
act shall be disregarded.
(4) The provisions of subsections (1) and (2) shall not
apply to computer-generated work, the copyright in which expires at the
end of the period of fifty years from the end of the calendar year in
which the work is made.
(5)
In relation to a work of joint authorship,
(a)
the reference in subsection (1) to the death
of the author shall be construed
(i)
where the identity of all the
authors is known, as a reference
to the death of the last of them to
die;
Duration of
copyright in
sound
recordings and
films
Duration of
copyright in
broadcasts and
cable
programmes
(ii)
where the identity of one or more
of the authors is known and the
identity of one or more others is
not, as a reference to the death of
the last of the authors whose
identity is known; and
(b)
the reference in subsection (2) to the
identity of the author becoming known,
shall be construed as a reference to the
identity of any of them becoming known.
(6) A work is of unknown authorship if the
identity of the author is unknown or, in the case of a work of
joint authorship, if the identity of none of the authors is known.
(7) The identity of an author shall be regarded as
unknown if it is not possible for a person to ascertain his identity by
reasonable inquiry, but if his identity is once known it shall not
subsequently be regarded as unknown.
9. (1) Copyright in a sound recording or film expires at
the end of the period of fifty years from the end of the calendar year in
which it was made or, where it is made available to the public before the
end of that period, seventy five years from the end of the calendar year
in which it is so made available.
(2) For the purposes of subsection (1) a sound
recording or film is made available to the public when
(a)
it is first published, broadcasted or
included in a cable programme service;
(b)
in the case of a film or film sound track,
the film is first shown in public.
(3) In determining whether a sound recording or film
has been made available to the public, any unauthorised act shall be
disregarded.
10. (1) Copyright in a broadcast or cable programme
expires at the end of the period of fifty years from the end of the
calendar year in which the broadcast was made or the programme
included in a cable programme service.
(2)
Copyright in a repeat broadcast or a repeat cable
Duration of
copyright in
typographical
arrangements
of editions
Moral rights
Right to be
identified as
author
programme expires at the same time as copyright in the original
broadcast or cable programme;
(3) No copyright arises in respect of a repeat
broadcast or a repeat cable programme which is broadcast or, as the case
may be, included in a cable programme service after the expiry of the
copyright in the original broadcast or cable programme.
(4) References in subsection (2) to a repeat broadcast
or a repeat programme means one that is a repeat of a broadcast
previously made or as the case may be, of a cable programme previously
included in a cable programme service.
11. Copyright in the typographical arrangement of a
published edition expires at the end of period of twenty-five years from
the end of the calendar year in which the edition was first published.
PART III – MORAL RIGHTS AND RELATED RIGHTS
12. (1) By virtue of and subject to the provisions of this
Act
(a)
the author of a literary, dramatic, musical
or artistic work that is protected work; or
(b)
the director of a film that is a protected
work,
shall have in respect of such work, the rights specified in sections 13 and
14.
13. (1) Subject to the provisions of this Part, the author of
a literary, dramatic, musical or artistic work that is a protected work and
the director of a film that is a protected work shall have, respectively, the
right to be identified as the author or, as the case may be, director of the
work in the circumstances specified in this section.
(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 as such whenever
(a)
the work or an adaptation of it is published
commercially, performed in public,
broadcast or included in a cable
programme service;
(b)
copies of a film or sound recording
including the work or an adaptation of it
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 as the author whenever
(a)
the work or an adaptation of it is published
commercially;
(b)
copies of a sound recording of the work or
an adaptation of it are issued to the public;
or
(c)
a film, the sound-track of which includes
the work, is shown in public or copies of
the film are issued to the public.
(4) The author of an artistic work has the right to be
identified as such whenever
(a)
the work is published commercially or
exhibited in public or a visual image of it
is broadcast or included in a cable
programme service;
(b)
a film including a visual image of the work
is shown in public or copies of the film are
issued to the public; or
(c)
in the case of a work of architecture in the
form of a building or a model for a
building, a sculpture of 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 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
as director whenever the film is shown in public, broadcast 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
(c)
in any other case, to be identified in a
manner likely to bring his identity to the
attention of a person seeing or hearing the
performance, exhibition, film, broadcast or
cable programme in question,
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 be provided by contract, the right
conferred by this section shall not apply in relation to
(a)
a computer programme, the design of a
typeface or a computer-generated work;
(b)
any work made for the purpose of
reporting current events;
(c)
the publication in a newspaper, magazine
or similar periodical or in an
encyclopaedia, dictionary, yearbook or
other collective work of reference, of a
Right to object
to derogatory
treatment of
work
False
attribution of
work
literary, dramatic, musical or artistic work
made for the purposes of the publication
or made available with the consent of
the author for purposes of the
publication;
(d)
a work in which copyright originally
vested in an international organisation by
virtue of section 144 unless the author or
director has previously been identified as
such in or on published copies of the work.
14. (1) For the purposes of this section; “treatment of a
work” means any addition to, deletion from, alteration to or adaptation
of the work other than
(i)
a translation of a literary or dramatic
work; or
(ii)
an arrangement or transcription of a
musical work involving no more than a
change of key or register.
(2) The treatment of a work is derogatory if it
amounts to distortion or multiplication of the work or is otherwise
prejudical to the honour or reputation of the author or director, and
references to a derogatory treatment of a work shall be construed
accordingly.
(3) Subject to the provisions of this part the author of
a literary, dramatic, musical or artistic work that is a protected work and
the director of a film that is a protected work have, respectively, the right
not to have the work or any part of it subjected to derogatory treatment,
and the right is infringed by any person who does any of the acts
specified in Section 36 of this Act.
15. (1) For the purposes of this section “attribution” in
relation to work means a statement whether expressed or implied, as to
the identity of the author or director.
(2)
A person has the right
(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
Right to
privacy
commissioned
photographs
and films
Duration of
moral rights
and related
rights
Consent and
waiver of rights
as director.
(3) The right conferred by subsection (1) is infringed
in the circumstances specified in section 38.
16. Subject to section 38, a person who for private and
domestic purposes commissions the taking of a photograph or the
making of a film shall have, where the resulting work is a protected
work, the right not to have;
(a)
copies of the work issued to the public;
(b)
the work exhibited or shown in public; or
(c)
the work broadcast or included in a cable
programme service.
17. (1) The rights conferred by sections 13, 14 and 16
shall subsists so long as copyright subsist in the work.
(2) The right conferred by section 15 shall subsist
until the end of the period of twenty years from the end of the calendar
year in which the person dies.
18. (1) A person having a right conferred under this Part
may consent to the doing of any act affecting the right or may waive the
right.
(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 unless a contrary intention is expressed, be presumed to
extend to his licensees and successors in title.
(4)
Nothing in this Part shall be construed as
Application of
provisions to
joint works
Application of
provisions to
part of work
excluding the operation of the general law of contract or estoppel in
relation to an informed waiver or other transaction in relation to any of
the rights to which this Part relates.
19. (1) 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.
(2) The right conferred by section 13 is, in the case of
a work of joint authorship, a right of each joint author to be identified as
a joint author.
(3) The right conferred by section 14 is, in the case of
a work or joint authorship, a right of each joint author and his right is
satisfied if he consents to the treatment in question.
(4) A waiver of rights under section 18 by one joint
author does not affect the rights of the other joint authors.
(5) 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
is alleged to be, a work of joint authorship.
(6) The right conferred by section 16 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 18 by one of them
does not affect the rights in the others.
20.
The rights conferred by
(a)
sections 13 and 16 apply in relation to the whole
or any substantial part of a work; and
(b)
sections 14 and 15 apply in relation to the whole
or any part of a work.
PART IV – OWNERSHIP AND ASSIGNMENT OF RIGHTS
Ownership of
copyright
Assignment and
licences
Ownership of Copyright
21. (1) Subject to this Act the author of a protected work
is the first owner of any copyright in that work unless there is an
agreement to the contrary.
(2) Subsection (1) shall not apply to copyright
subsisting in a work pursuant to section 41.
(3) Where a protected work is a work of joint
authorship the authors of the work shall be co-owners of the copyright in
that work.
(4) Where a protected work has been made by or
under the direction or control of the Government and, apart from this
subsection, no copyright would subsist in the work, then copyright shall
subsist therein by virtue of this subsection and shall belong to the
Crown.
(5) The copyright subsisting in a protected work
which has, with the author’s written consent been first published in Saint
Vincent and the Grenadines by or under the direction of control of the
Government shall initially belong to the Crown.
(6) Subsection (5) shall have effect subject to any
agreement whereby it is agreed that the copyright in the work shall vest
in the author or in some other person designated in the agreement.
(7) For the purposes of this section the term
“agreement” includes any conditions regulating or applying to the
employment of a person in the service of the Crown.
22. (1) Subject to this section, copyright in a work may be
transferred by assignment, by testamentary disposition or by operation of
law, as personal or moveable property.
(2) A transfer pursuant to this section by way of
assignment shall not be effective unless it is in writing and signed by or
on behalf of the assignor.
(3) An assignment or other transfer of copyright may
be partial, so as to apply
(a) to one or more, but not all, of tthe owner of the copyright
exclusive right to do; or
he things
has the
Prospective
ownership of
copyright
Copyright in
unpublished
works passes
under will
(b)
to part, but not the whole, of the period for
which copyright is to subsist.
(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 actual or constructive notice of the licence or a person
deriving title from the purchaser.
(5) References in this Act to doing anything with or
without the licence of the owner of the copyright shall be construed
accordingly.
23. (1) Where, by an agreement made in relation to any
future copyright and signed by or on behalf of the prospective owner of
the copyright, the prospective owner purports to assign the future
copyright wholly or partially to another person (in this section referred to
as the assignee), then, if on the coming into existence of the copyright,
the assignee or another person claiming under him would be entitled as
against all other persons to require the copyright to be vested in him,
wholly or partly as the case may be, the copyright shall vest, on coming
into existence, in the assignee or his successor in title by virtue of this
subsection.
(2) If, at a time when any copyright comes into
existence the person who, if he were then living would be entitled to the
copyright is dead, the copyright shall devolve as if it had subsisted
immediately before his death and he had then been the owner of the
copyright.
(3) Subsection (4) of section 22 shall apply, in
relation to a licence granted by a prospective owner of any copyright, as
it applies in relation to a licence granted by the owner of a subsisting
copyright and as if any reference in that subsection to the owner’s
interest in the copyright included a reference to his prospective interest
therein.
24. (1) Where under a bequest a person is entitled,
beneficially or otherwise, to
(a)
the manuscript or other support on which a
literary, dramatic, musical or artistic work
was first expressed in material form; or
(b)
the material support embodying a sound
recording or film,
Moral rights
not assignable
Transmission of
moral rights on
death
and the work had not been published before the death of the testator,
the bequest shall, unless a contrary intention is indicated in the
testator’s will or a codicil to it, be construed as including the copyright
in the work in so far as the testator was the owner of the copyright
immediately before his death.
25.
The rights conferred under Part III shall be not assignable.
26. (1) On the death of a person entitled to a right
conferred by sections 13, 14 or 16 the right passes
(a)
to a person as he may by testamentary
disposition specifically direct; or
(b)
in the absence of any direction, then if the
copyright in the work in question forms
part of his estate, to person to whom the
copyright passes,
and 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 14
or 16, it is a right exercisable by each of
them;
(b)
where the right is conferred by section 13
or 16 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
(c)
any waiver of the right in accordance
with section 18 by one of them does not
affect the rights of the others.
Meaning of
action
Acts infringing
copyright
(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 15 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
27. For the purposes of this Part “action” includes a counter
claim, and references to the claimant and to the defendant in an action
shall be construed accordingly.
28. (1) The copyright in a protected work is infringed by
any person who, not being the owner of the copyright and without the
licence of the owner of the work thereof
(a)
does or authorises another unauthorised
person to do any of the acts mentioned in
section 7 in relation to that work;
(b)
imports an article otherwise than for his
private and domestic use in Saint Vincent
and the Grenadines that he knows or has
reason to believe is an infringing copy of
the work;
(c)
in Saint Vincent and the Grenadines or on
any ship or aircraft registered in Saint
Vincent and the Grenadines,
(i)
possesses in the course of
business;
(ii)
sells, lets for hire, or by way of
trade offers or exposes for sale or
hire; or
(iii)
by way of trade exhibits in public,
an article which he knows or has reason to believe is an
infringing copy of the work.
(2) Subsection (1) (c) shall apply, in relation to the
distribution of any article either
(a)
for the purposes of trade; or
(b)
for other purposes, but only to such an
extent as to affect prejudicially the owner
of the copyright
as it applies in relation to the sale of the article.
(3) Copyright in a work is infringed by a person who,
without the licence of the copyright owner,
(a) makes;
(b) imports into Saint Vincent and the
Grenadines;
(c)
possesses in the course of a business; or
(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.
(4) 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 Saint Vincent and the Grenadines or
elsewhere.
(5) 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
Action by
owner of
copyright for
infringement
performance would not infringe copyright.
(6) Where copyright in a work is infringed by a public
performance of the work or by 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
person specified in subsection (8) is also liable for the infringement.
(7) The person referred to in subsection (6) is a
person who, when he supplied the apparatus or part of it
(a)
knew or had reason to believe that the
apparatus was likely to be used as to
infringe copyright; or
(b)
in the case of an apparatus which normal
use involves a public performance, playing
or showing, he did not believe on
reasonable grounds that it would be so
used to infringe copyright.
(8) An occupier of premises who gave permission for
the apparatus to be brought onto the premises, is liable for the
infringement, if when he gave permission he knew or had reason to
believe that the apparatus was likely to be so used as to infringe
copyright.
(9) A person who supplied a copy of a sound
recording or film used to infringe copyright is liable for the
infringement, 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 for Infringement of Economic Rights
29. (1) An infringement of copyright shall be actionable
in the Court at the suit of the copyright owner, and subject to the
provisions of this section, in any action for such an infringement all
relief by way of damages, injunction, accounts or otherwise, shall be
available to the claimant as is available in any corresponding
proceedings in respect of the infringements of other proprietary rights.
(2) Where, in an action for infringement of copyright,
it is proved or admitted that
(a)
an infringement was committed; but
Order for
delivery up in
civil
proceedings
(b)
at the time of the infringement the
defendant was not aware and had no
reasonable grounds for suspecting, that
copyright subsisted in the work which the
action relates,
the claimant shall not be entitled under this section to any damages
against the defendant in respect of the infringement but shall be entitled
to an account of profits in respect of the infringement whether any other
relief is granted under this section or not.
(3) Where in an action under this section an
infringement of copyright is proved or admitted, the Court, having
regard to the flagrancy of the infringement, shall have power in assessing
damages for the infringement, to award such additional damages as the
Court may consider appropriate in the circumstances.
(4) In an action for infringement of copyright in
respect of the construction of a building, no injunction or other order
shall be made
(a)
after the construction of the building has
begun, so as to prevent it from being
completed; or
(b)
so as to require the building in so far as it
has been constructed, to be demolished.
30. (1) Subject to the provisions of this section where a
person
(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
Right to seize
infringing
copies
Wide
injunction
available to
licensing bodies
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 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 135 for the disposal
of the infringing copies.
(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 135 is not made, retain it pending the making of
an order or the decision not to make an order, under that section.
31. (1) Subject to any decision of the Court under section
135 and to the conditions specified under subsections (2), (3), and (4) of
this section, an infringing copy of a work which is found to be exposed
or otherwise immediately available for sale or hire, and in respect of
which the copyright owner would be entitled to apply for an order under
section 30 may be seized and detained by him or a person authorised by
him.
(2) Prior to the seizure of anything under this section
notice of the time and place of the proposed seizure shall be given to the
nearest police station.
(3) At the time that anything is seized under this
section there shall be left at the place where it was seized a notice in the
prescribed form containing the prescribed particulars as to the person by
whom or on whose authority the seizure is made and the grounds on
which it is made.
(4) For the purposes of this section “premises”
includes land, buildings, fixed or moveable structures, vehicles, vessels
and aircraft.
32.
Where, in an action under this Part
(a)
the infringement of copyright is proved or
admitted;
(b)
the plaintiff is a licensing body as defined in
section 84 and;
(c)
the Court having regard to all material
circumstances is satisfied that effective relief
Definition of
exclusive
license
would not otherwise be available to the claimant,
the Court may grant an injunction extending to all the protected works
of which the claimant is an owner of the copyright notwithstanding that
the infringement related to only one or some of the works.
33. (1) For the purposes of this section, “exclusive
licence” means a licence in writing, signed by or on behalf of an owner
or prospective owner of copyright, authorising the licensee, to the
exclusion of all other persons, including the grantor of the license, to
exercise a right which by virtue of this Act would apart from the licensee
be exercisable exclusively by the owner of the copyright.
(2) Subject to the following provisions of this section
an exclusive licensee shall have, except against the copyright owner, the
same rights and remedies in respect of matters occurring after the grant
of the licence as if the licence had been an assignment.
(3) Where an action is brought either by the owner of
the copyright or by the exclusive licensee, and the action, in so far as it is
brought under section 29, relates to an infringement in respect of which
the owner and the exclusive licensee have concurrent rights of action
under this section, the owner or exclusive licensee as the case may be,
shall not be entitled, except with the leave of the Court to proceed
with the action, in so far as it is brought under that section and relates to
that infringement, unless the other party is either joined as a claimant in
the action or added as defendant, save that this section shall not affect
the granting of an interlocutory injunction on the application of either of
them.
(4) In any action brought by the exclusive licensee by
virtue of this section, any defence which would have been available to a
respondent in the action, if this section had not been enacted and the
action had been brought by the owner of the copyright shall be available
to that respondent as against the exclusive licensee,
(a)
if the claimant is the exclusive licensee,
shall take into account any liabilities in
respect of royalties or otherwise, to which
the licence is subject; and
(b)
whether the claimant is the owner of the
copyright or the exclusive licensee, shall
take into account any pecuniary remedy
already awarded to the other party under
section 29 in respect of that infringement,
or, as the case may require, any right of
action exercisable by the other party
under that section in respect thereof.
(5) Where an action is brought in the circumstances
mentioned in subsection (2) and the owner of the copyright and the
exclusive licensee are not both claimants in the action, the court in
assessing damages in respect of any such infringement as is mentioned
in that subsection:
(a)
if the plaintiff is the exclusive licensee,
shall take into account any liabilities (in
respect of royalties or other-wise) to which
the licence is subject; and
(b)
whether the plaintiff is the owner of the
copyright or the exclusive licensee, shall
take into account any pecuniary remedy
already awarded to the other party under
section 29 in respect of that infringement,
or, as the case may require, any right of
action exercisable by the other party under
that section in respect thereof.
(6) Where an action, in so far as it is brought under
section 29, relates wholly or partly to an infringement in respect of
which the owner of the copyright and the exclusive licensee have
concurrent rights of action under that section, and in that action whether
they are both parties to it or not; an account of profits is directed to be
taken in respect of that infringement, then, subject to any agreement of
which the Court is aware whereby the application of those profits is
determined as between the owner of the copyright and the exclusive
licensee, the Court shall apportion the profits between them as the Court
may consider just and shall give such directions as the Court may
consider appropriate for giving effect to that apportionment.
(7) In an action brought either by the owner of the
copyright or by the exclusive licensee
(a)
no judgement or order for the payment of
damages in respect of an infringement of
copyright shall be given or made under
section 29, if a final judgement or order
has been given or made awarding an
account of profits to the other party under
Infringement of
right to be
identified as
author or
director
that section in respect of the same
infringement; and
(b)
no judgement or order for an account of
profits in respect of an infringement of
copyright shall be given or made under
that section, if a final judgement or order
has been given or made awarding either
damages or an account of profits to the
other party under that section in respect of
the same infringement.
(8) Where, in an action brought in the circumstances
mentioned in subsection (2), whether by the owner of the copyright or by
the exclusive licensee, the other party is not joined as a claimant either at
the commencement of the action or subsequently but is added as a
defendant, he shall not be liable for any costs in the action unless he
enters an appearance and takes part in the proceedings.
(9) The copyright owner shall notify any
exclusive licensee having concurrent rights before applying under
section 30 for an order for the delivery up of infringing copies of a work
or before exercising the right of seizure under section 31; and the Court
may, on the application of the licensee, if it thinks fit, having regard to
the terms of the licence, make an order under section 30 or make an
order prohibiting or permitting the exercise by the copyright owner of
the right conferred under section 31.
Moral and Related Rights
34. (1) Subject to subsection (2), the right conferred by
section 13 is infringed by any person who fails to identify the author of a
work or the director of a film whenever any action specified in that
section occurs in relation to that work or film.
(2) The following acts shall not constitute an
infringement of the right conferred by section 13 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;
(c)
the use of the work for examination
purposes;
(d)
acts done for the purposes of parliamentary
or judicial proceedings or proceedings of a
statutory inquiry;
(e)
the use of design documents and models;
(f)
the use of a design derived from artistic
work;
(g)
acts permitted in relation to anonymous or
pseudonymous works on the assumption
that copyright in the work has expired or
that the author is dead.
Infringement of 35. (1) For the purposes of this section “derogatory
right to object
treatment” has the same meaning as that specified in section 14.
to derogatory
treatment of
(2)
The right conferred on an author and a director by
work
section 13 to object to derogatory treatment of his work is infringed
where the following acts are done in relation to that work:
(a)
in the case of a literary, dramatic or
musical work, the right is infringed by a
person who,
(i)
publishes commercially, performs
in public, broadcasts or includes
in a cable programme service, a
derogatory treatment of the work;
or
(ii)
issues to the public copies of a film
or sound recording of or including
a derogatory treatment of the work.
(b)
in the case of an artistic work, the right is
infringed by a person who,
(i)
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;
(ii)
shows in public a film which
includes a visual image of a
derogatory treatment of the work or
issues to the public copies of such
film; or
(iii)
in the case of a work of
architecture in the form of a
model for a building or in the case
of a sculpture or work of
craftsmanship issues to the public
copies of a graphic work
representing or of a photograph
of, a derogatory treatment of the
work;
(c)
paragraph (b) 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;
(d)
in the case of a film, the right is infringed
by a person who,
(i)
shows in public, broadcasts or
includes in a cable programme
service a derogatory treatment of
the film; or
(ii)
issues to the public copies of a
derogatory treatment of the film,
or who, along with the film, plays in public,
broadcasts or includes in a cable programme
Infringement
by possession of
infringing
article
False
attribution of
work
infringement of
right
service, or issues to the public copies of, a
derogatory treatment of the film sound track.
36. (1) The right conferred by section 14 is also infringed
by a person who
(a)
possesses in the course of a business;
(b)
sells or lets for hire or offers or exposes for
sale or hire;
(c)
in the course of a business, exhibits in
public or distributes; or
(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 that is, and which he knows or has reason to believe is an
infringing article.
(2) For the purposes of this section, an “infringing
article” means a work or a copy of a work which
(a)
has been subjected to derogatory treatment
as defined in section 14; and
(b)
has been or is likely to be subject of any of
the acts mentioned in section 35 in
circumstances infringing that right.
37. (1) Subject to the provisions of this section, the right
conferred on a person not to have a literary, dramatic, musical or artistic
work falsely attributed to him as author, is infringed by a person who
(a)
issues to the public copies of a work of any
of those descriptions in or on which there
is a false attribution; or
(b)
exhibits in public an artistic work or a
copy of an artistic work in or on which
there is false attribution.
(2) The right conferred on a person not to have a film
falsely attributed to him as director is infringed by a person who issues
to the public copies of a work of any person of those descriptions in or
on which there is a false attribution
(a)
in the case of a literary, dramatic or
musical work, performs the work in public,
broadcasts it 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 includes it in a cable
programme service as being directed by a
person,
who knows or ought to have known that the
attribution is false
(c)
in the course of a business
(i)
possesses or deals with a copy of
a work referred to in subsection (1)
in or on which there is a false
attribution; or
(ii)
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.
(d)
in the case of an artistic work,
(i)
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
(ii)
deals with a copy of such a work as
testing a copy of the unaltered
work of the author,
knowing or having reason to believe that this is
not the case.
Infringement of
privacy right in
photo-graphs,
etc.
Remedies for
infringing
moral rights
etc.
(3) For the purposes of this section,
(a)
“attribution” in relation to a work means a
statement expressed or implied, as to who
is the author or director;
(b)
references to dealing are to selling or
letting for hire, offering or exposing for
sale or hire, exhibiting in public or
distributing.
(4) This section shall apply where, contrary to the
fact,
(a)
a literary, dramatic or musical work is
falsely represented as being an adaptation
of the work of a person; or
(b)
a copy of an artistic work is falsely
represented as being a copy made by the
author of the artistic work,
as it applies where the work is falsely attributed to
a person as author.
38. The right conferred by section 16 in relation to a
commissioned photograph or film is infringed by a person who does or
authorises the doing of any act mentioned in that section in relation to
that work; but the right is not infringed by any act which, pursuant to
Part VI would not infringe copyright in the work.
Remedies for Infringement of Moral Rights and Related Rights
39. (1) The infringement of a right conferred under
section 13, 14, 15, or 16 is actionable as a breach of statutory duty owed
to the person entitled to the right.
(2) In an action for infringement of the right conferred
by section 14, the Court may, if it thinks it an adequate remedy in the
circumstances, grant an injunction on terms prohibiting the doing of any
act unless a disclaimer is made on such terms and in such manner as may
be approved by the Court, disassociating the author or director from the
treatment of the work.
(3)
Where in any action an infringement of a right
referred to in subsection (1) is proved or admitted, the Court may order
the defendant to publish such correction in the terms and in a manner as
the Court may direct.
Presumptions
Presumptions 40. In an action brought by virtue of this Part,
as to
subsistence and
(a)
copyright shall be presumed to subsist in
ownership of
the work to which the action relates if the
copyright
defendant does not put in issue the
question whether copyright subsists
therein;
(b)
where the subsistence of the copyright is
proved or is presumed in pursuance of
paragraph (a), the claimant shall be
presumed to be the owner of the
copyright, if he claims to be the owner of
it and the defendant does not put in issue
the question of his ownership thereof; and
(c)
if the question arises as to whether an
article is an infringing copy of a work and
it is shown,
(i)
that the article is a copy of the
work; and
(ii)
that the copyright subsists in the
work or has subsisted at any time
it shall be presumed until the contrary is proved
that the article was made at a time when copyright
subsisted in the work.
Presumption in 41. (1) Subject to section 40, where in the case of a
relation to
protected work, a name purporting to be that of the author appears on
authorship of
copies of the work as published or, in the case of an artistic work,
protected
appeared on the work when it was made, the person whose name
works
appears, shall, in any action brought by virtue of this Part, be presumed,
unless the contrary is proved, to be the author.
(2) In the case of a protected work alleged to be a
work of joint ownership, subsection (1) shall apply in relation to each
person alleged to be one of the authors of the work as if references in the
subsection to the author were references to one of the authors.
(3) Where in an action brought by virtue of this Part
with respect to a protected work, subsection (1) does not apply, but it is
established that
(a)
pursuant to paragraph (b) in section 6 (1)
the work qualifies for copyright protection
by virtue of the country of first
publication; and
(b)
a name purporting to be that of the
publisher appeared on copies of the work
as first published,
then, unless the contrary is proved, copyright shall be presumed to
subsist in the work and the person whose name so appeared shall be
presumed to have been the owner of the copyright at the time of the
publication.
(4) Where in an action brought by virtue of this Part
with respect to a protected work it is established that the author of the
work is dead
(a)
the work shall be presumed to be an
original work unless the contrary is
proved; and
(b)
if it is alleged by the claimant that a
publication specified in the allegation was
the first publication of the work and it took
place in a country and on a date so
specified, that publication shall be
presumed, unless the contrary is proved, to
have been the first publication of the work
and to have taken place in that country and
on that date.
(5) For the purpose of this section, a fact shall be
taken to be established if it is proved or admitted or if it is presumed in
pursuance of this section.
Presumptions 42. (1) In an action brought by virtue of this Part with
where action
respect to a sound recording, film or computer programme, the
relates to sound
presumptions specified in this section shall apply.
recordings,
films and
computer
programme
presumptions specified in this section shall apply.
(2) In an action brought by virtue of this Part with
respect to a sound recording, where copies of the recording as issued to
the public bear a label or other mark stating
(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
(c)
that the film was first published in a
specified year or in a named country,
the statement shall be admissible as evidence of the facts stated and shall
be presumed to be correct until the contrary is proved.
(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
Withdrawal of
privilege
against
illumination of
self or spouse in
infringement
and related
proceedings
the contrary is proved.
(5) The presumptions specified in subsections (2), (3)
and (4) apply in an action relating to an infringement alleged to have
occurred before the date on which the copies were issued to the public.
(6) In an action brought by virtue of this Part with
respect to a film, where the film as shown in public, broadcast or
included in a cable programme service bears a statement
(a)
that a named person was the author or
director of the film; or
(b)
that a named person was the owner of
copyright in the film immediately after it
was made,
the statement shall be admissible as evidence of the facts stated and shall
be presumed to be correct until the contrary is proved.
(7) Pursuant to subsection (1) the presumptions shall
also apply in an action relating to an infringement alleged to have
occurred before the date on which the film was shown in public,
broadcast or included in a cable programme service.
Offences
43. (1) For the purposes of this section “related offence”
in relation to any proceedings to which subsection (2) applies means,
(a)
in the case of proceedings within
subsection (3) (a) or (b),
(i)
any offence committed by or in
the course of the infringement to
which those proceedings relate; or
(ii)
any offence not within
subparagraph (1) committed in
connection with that infringement
being an offence involving fraud or
dishonesty;
(b)
in the case of proceedings within section
3 (c) any offence revealed by the facts
on which the claimant relies in those
proceedings;
“related penalty” in relation to any proceedings to which subsection (2)
applies, means,
(a) in the case of proceedings within
subsection (3) (a) or (b), any penalty
incurred in respect of anything
done or omitted in connection with
the infringement to which those
proceedings relate;
(b) in the case of proceedings within
subsection 3 (c) any penalty incurred in
respect of any act or omission revealed
by the facts on which the claimant
relies in those proceedings.
(2) In any proceedings to which this subsection
applies a person shall not be excused, by reason of the fact that to do so
would tend to expose that person, or his or her spouse, to proceedings for
a related offence or for the recovery of a related penalty
(a)
from answering any question put to that
person in the first mentioned proceedings;
or
(b)
from complying with any order made in
those proceedings.
(3) Subsection (2) applies to the following civil
proceedings in the High Court, namely:
(a)
proceedings for infringement of copyright;
(b)
proceedings brought to obtain disclosure
of information relating to any infringement
of such rights; and
(c)
proceedings brought to prevent any
apprehended infringement of such rights.
(4) Subject to subsection (5), no statement or
admission made by a person
(a)
in answering a question put to him in any
proceedings to which subsection (2)
Offences in
respect of
dealings which
infringe
copyright
applies; or
(b)
in complying with an order made in any
such proceedings,
shall, in proceedings for any related offence or for the recovery of any
related penalty, be admissible in evidence against that person or against
the spouse of that person.
(5) Nothing in subsection (4) shall render any
statement or admission made by a person as therein mentioned
inadmissible in evidence against that person in proceedings in the Court.
(6) Any reference in this section to civil proceedings
in the High Court of any description includes a reference to proceedings
on appeal arising out of civil proceedings in the High Court of that
description.
44. (1) Any person who, without a licence of the
copyright owner, at a time when copyright in a work subsists by virtue of
this Act
(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;
(c)
imports into Saint Vincent and the
Grenadines for purposes other 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 copyright,
any article which he knows or has reason to believe is an infringing copy
of that work, commits an offence.
(2) Any person who, at the time when copyright
subsists in a work by virtue of this Act makes or has in his possession an
article specifically designed or adapted for making copies of a particular
work, knowing that it is to be used for making infringing copies for sale
or hire or for use in the course of business, commits an offence.
Presumptions
not to apply
Order to
deliver up in
criminal
proceedings
(3)
Any person who causes
(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 or that the performance
constitutes an infringement of the
copyright,
commits an offence.
(4) Any person who is convicted of an offence under
subsection (1) shall be liable on summary conviction in the case of a first
conviction to a fine not exceeding five thousand five hundred dollars for
each article to which the offence is related, and in the case of any
subsequent conviction, to a fine as may be determined by the Magistrates
Court or to imprisonment for a term not exceeding two years.
(5) Any person who is convicted of an offence under
this section, other than an offence referred to under subsection (1), shall
be liable on summary conviction to a fine not exceeding one thousand
five hundred dollars and, in the case of any subsequent conviction to
such fine, or to imprisonment for a term not exceeding twelve
months.
(6) For the purposes of this Part “article”includes
every infringed copy of a work.
45. The presumptions specified in sections 40 and 41 do not
apply to proceedings for an offence under section 444 but without
prejudice to their application to proceedings for an order under section
46.
46. (1) Subject to subsection (2), the Court before which
proceedings are brought against a person for an offence under section 46
may, if it is satisfied that at the time of his arrest or charge
(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 ought to have
known that it has been or was to be used
to make infringing copies,
order that the infringing copy or article be delivered up to the copyright
owner or to any other person as the Court may direct.
(2) An order may be made by the Court of its own
motion or on the application of the prosecution and such order may be
made whether or not the person is convicted of the offence, so, however,
that the Court shall not make an order
(a)
after the time specified in section 133, or
(b)
if it appears to the Court unlikely that any
order will be made under section 134.
(3) An appeal lies from an order made under this
section to the Court of Appeal.
(4) A person to whom an infringing copy or other
article is delivered up in pursuance of an order under this section shall
retain it pending the making of an order or the decision not to make an
order under section 135.
Supplementary
Application of 47. For the purposes of this Part, the provisions of sections
provisions of
131 and 132 shall apply in respect of the entry and search of any
re-entry
premises.
Provisions for 48. (1) The owner of the copyright in any published
restricting
literary, dramatic or musical work may give notice in writing to the
importation of
Comptroller
infringing
copies
(a)
that he is the owner of the copyright in the
work; and
(b)
that he requests the Comptroller during a
period specified in the notice to treat as
prohibited goods copies of the work, film,
or sound recording to which this section
No. 14 of 1999
applies.
(2) The period specified in a notice given under
subsection (1) shall not exceed five years and shall not extend beyond
the end of the period for which the copyright may subsist.
(3) This section shall apply in the case of a literary or
musical work, film or sound recording, to any copy made outside Saint
Vincent and the Grenadines which is an infringing copy of the work,
film or sound recording.
(4) Where a notice has been given under this section
in respect of a literary or a musical work, film or sound recording and
has not been withdrawn, the importation into Saint Vincent and the
Grenadines at a time before the end of the period specified in the notice,
of any copy of the work, film or sound recording to which this section
applies shall, subject to the following provisions of this section, be
prohibited, but this subsection shall not apply to the importation of any
article by a person for his private and domestic use.
(5) The owner of the copyright in a literary or musical
work, film or sound recording who gives notice to the Comptroller under
this section shall comply with such conditions with respect to
(a) the form of the notice;
(b) the furnishing of evidence;
(c) the payment of fees;
(d) the giving of security; and
(e) any other
matters
incidental or supplementary
as may be prescribed.
(6) Notwithstanding any provision in the Customs
(Control and Management) Act, a person shall not be liable to any
penalty under that Act, other than forfeiture of the goods, by reason that
any goods are prohibited by virtue of this section.
PART VI – EXCEPTIONS TO INFRINGEMENT OF
COPYRIGHT
Preliminary
Definitions
Research and
private study
Criticism,
review and
reporting
49.
(1) For the purposes of this Part;
“facsimile
copy” includes a copy which is
reduced or enlarged in scale;
“sufficient acknowledgement” means an
acknowledgement identifying the work in
question by its title or other description
and, unless the work is anonymous, or the
author has previously agreed or required
that no acknowledgement of his name
should be made, also identifying the
author.
General Exceptions
50. (1) Subject to section 52, fair dealing with a literary,
dramatic, musical or artistic work for the purposes of research or private
study does not infringe copyright in the work or, in the case of a
published edition, in the typographical arrangement.
(2) Copyright by a person other than the researcher or
student himself is not fair dealing if
(a)
in the case of a librarian, or a person acting
on behalf of a librarian he does anything
which regulations, would not permit to be
done under section 62 (a) or 63 (1) (b);
(b)
in any other case, the person doing the
copyright knows or has reason to believe it
will result in copies of substantially the
same material being provided to more than
one person at substantially the same time
for substantially the same purpose.
51. (1) Subject to section 52 fair dealing with a work for
the purposes of criticism or review, of that or another work or of a
performance of a work, does not infringe any copyright in the work
provided it is accompanied by a sufficient acknowledgement.
(2) Subject to subsection (3) and section 53, 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.
(3) No acknowledgement is required in connection
with the reporting of current events by means of a sound recording, film,
broadcast or cable programme.
Determining 52. For the purpose of determining whether an act done in
fair dealing
relation to a work constitutes fair dealing, the Court in 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;
(c)
the purpose and character of the use; and
(d)
the effect of the act upon the potential market for
or the commercial value of the work.
Incidental 53. Copyright in a work is not infringed
inclusion of
protected work
(a)
by its incidental inclusion in an artistic work,
sound recording, 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.
Anonymous 54. (1) Copyright in a literary, dramatic, musical or
and
artistic work is not infringed by any act done at a time when, or in
pseudonymous
pursuance of an arrangement made at any time when
literary works
(a)
it is not possible by reasonable inquiry to
ascertain the identity of the author; and
(b)
it is reasonable to assume that
(i)
the copyright has expired; or
(ii)
the author died seventy five 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
work in which copyright originally vested in an international
organization by virtue of section 143 and in respect of which an order
under that section specified a copyright period longer than seventy five
years.
(3)
In relation to a work of joint authorship
(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 of 55. (1) Where a record of spoken word is made, in
recordings of
writing or otherwise, for the purpose of;
spoken words,
etc.
(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 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
Acts done for
purposes of
instruction or
examination
Anthologies for
educational use
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;
(c)
the use of the record or material taken
from it is not a kind prohibited by or on
behalf of the speaker or copyright owner
before the record was made; and
(d)
the use is by or with the authority of a
person who is lawfully in possession of the
record.
Use of Work for Educational Purposes
56. (1) Copyright in a literary, dramatic, musical or
artistic work is not infringed by being copied in the course of instruction
or of preparation for instruction, provided the copying is done by a
person giving or receiving instruction and is not by means of a
reprographic process.
(2) Copyright in a sound recording, film, broadcast or
cable programme is not infringed by its being copied by making a film
or film sound-track in the course of instruction, or of preparation for
instruction in the making of films or film sound-tracks, provided the
copying is done by a person giving or receiving instruction.
(3) Copyright in a work is not infringed by anything
done for the purposes of an examination by way of setting the questions,
communicating the questions to candidates or answering the questions.
57. (1) The inclusion, in a collection intended for use in
educational institutions of a short passage from a published literary or
dramatic work does not infringe copyright in the work if
(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;
Performing,
playing or
showing works
in course of
educational
activities
(b)
the work was not itself published for the
use of educational institutions;
(c)
the collection consists mainly of material
in which no copyright subsists;
(d)
the inclusion is accompanied by a
sufficient acknowledgement; and
(e)
not more than one other such passage or
parts from works by the same author is
published by the same publisher within the
period of five years immediately preceding
the publication of that collection.
(2) Subsection (1) does not authorise the inclusion of
more than two excerpts from protected works by the same author in
collections published by the same publisher over any period of five
years.
(3) In relation to any given passage, the reference in
subsection (2) to excerpts from works by the same author
(a)
shall be taken to include excerpts from
works by him in collaboration with
another; and
(b)
if the passage in question is from such a
work, shall be taken to include excerpts
from works by any of the authors, whether
alone or in collaboration with another.
58. (1) The performance of a literary, dramatic or musical
work before an audience consisting of teachers and pupils at an
educational institution and other persons directly connected with the
activities of the institution,
(a)
by a teacher or pupil in the course of the
activities of the institution; or
(b)
at the institution by any person for the
purposes of the instruction;
is not a public programme for the purposes of infringement of copyright.
(2)
The play or showing of a sound recording, film,
Recording of
broadcast by
educational
establishments
Restriction on
reprographic
copying from
published
works
broadcast or cable programme before such an audience at an educational
institution for the purposes of instruction is not a playing or showing of
the work in public for the purposes of the infringement of copyright.
(3) A person is not for this purpose directly connected
with the activities of the educational institution simply because he is the
parent of the pupil at the institution.
59. (1) Subject to subsection (2), a recording of a
broadcast or cable broadcast programme or a copy of such a recording
may be made by or on behalf of an educational institution for the
educational purposes of that institution without thereby infringing the
copyright in the broadcast or cable programme or in any work included
in it.
(2) Subsection (1) shall not apply if or to the extent
that, there is a licensing scheme under which licences are available
authorising the making of the recordings or copies, and the person
making the recordings knows or ought to have been aware of that fact.
60. (1) Subject to the provisions of this section,
reprographic copies of passages from published literary, dramatic or
musical work may be made by or on behalf of an educational institution
for the purposes of instruction without infringing any copyright in the
work or in the typographical arrangement.
(2) Not more than one percent of any work may be
copied by or on behalf of an educational institution by virtue of this
section in any quarter, that is to say, in any period 1st January to 31st
March, 1st April to 30th June, 1st July to 30th September, 1st October to
31st December.
(3) Copyright is not authorised by this section if, or to
the extent that, there is a licensing scheme under which licences are
available authorising the copying in question and the person making the
copies know or ought to have been aware of that fact.
(4) Where a licence is granted to an educational
institution authorising the reprographic copying of passages from any
published literary, dramatic or, musical work, for use by the institution,
then, any term of that licence which purports to restrict the proportion of
work which may be copied whether on payment or free of charge, to less
than that permitted under this section shall be of no effect.
Subsequent 61. (1) Where a copy of a work would be an infringing
dealing with
copy if the making thereof were not authorised under section 56, 59 or
authorised
copies
Interpretation
of references
Supply by
librarian of
copies of
published work
copy if the making thereof were not authorised under section 56, 59 or
660 and such copy is subsequently dealt with, it shall be treated as an
infringing copy for the purposes of that dealing and, if that dealing
infringes copyright, for all subsequent purposes.
(2) For the purposes of this section “dealt with”
means sold, or let for hire or offered or exposed for sale or hire.
Exceptions affecting Libraries and Archives
62. (1) In sections 62 to 66 references to “librarian” or
“archivist” include references to a person acting on his behalf.
(2) Regulations may provide that a librarian or
archivist who is required to be satisfied as to a material matter before
making or supplying a copy of a work
(a)
is entitled to rely on a declaration as to that
matter, signed by the person requesting the
copy, unless he is aware that the
declaration is false in any material
particular;
(b)
in such cases, shall not make or supply a
copy to any person in the absence of a
declaration by that person.
(3) Where a person requesting a copy makes a
declaration that is false in a material particular and is supplied with a
copy which would have been an infringing copy if made by him, that
person shall be liable for infringement of copyright as if he had made the
copy himself, and the copy supplied shall be treated as an infringing
copy.
63. (1) The librarian of a prescribed library or archive
may, if the conditions are complied with
(a)
make and supply a copy of an article in a
periodical; or
(b)
make and supply from a published edition,
a copy of part of a literary, dramatic or
musical work, not being an article in a
periodical,
without infringing any copyright subsisting in the text of the article or in
the work, as the case may be, or in any illustrations accompanying such
article or work, or in the typographical arrangement thereof.
(2)
The conditions prescribed pursuant to subsection
(1) shall include the following:
(a)
that copies shall be supplied only to
persons satisfying the librarian that they
require them for purposes of research or
private study, and will not use them for
any other purpose;
(b)
in relation to an article, that no person
shall be furnished with more than one copy
of the same article or with copies of more
than one article contained in the same
issue of a periodical;
(c)
in relation to a work referred to in
paragraph (b) of subsection (1), that no
person shall be furnished with more than
one copy of the same material or of a copy
of more than a reasonable proportion of
any work;
(d)
that persons to whom copies are supplied
are required to pay for them a sum not less
than the cost; including a contribution to
the general expenses of the library,
attributable to their production;
(e)
that requirement of persons shall be
regarded as similar if the requirements are
for copies of substantially the same
material at substantially the same hire and
substantially the same purpose, and
(f)
that requirements of persons shall be
regarded as related if those persons
received instruction to which the material
is relevant at the same time and place.
(3) Subsection (1) shall not apply if or to the extent
that there is a licensing scheme under which licences are available
authorising the making of such copies and the person making the copies
know or ought to have been aware of that fact.
Supply of
copies to other
libraries
Replacing
copies of works
Copying of
unpublished
work
64. (1) The librarian of a library or archive may, if the
prescribed conditions are complied with, make and supply to another
library or archive a copy of
(a) an article in a periodical; or
(b) the whole or part of a published edition of
a literary, dramatic or musical work,
without infringing any copyright in the text of the article or the work, or
in any illustrations accompanying such article or work or, in the case of a
published edition, in the typographical arrangement.
(2) Paragraph (b) of subsection (1) shall not apply if,
at the time the copy is made, the librarian making it has knowledge or
could, by reasonable inquiry, ascertain the name and address of a person
entitled to authorise the making of the copy.
65. (1) The librarian of a library or archive may, if the
prescribed conditions are complied with, make a copy from any item in
the permanent collection of the library or archive for the purpose of
(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 conditions shall include provisions restricting
the making of copies to cases where it is not reasonably practicable to
purchase a copy of the item in question for the purpose.
66. (1) Subject to subsection (2), the librarian of a library
or archive may, if the conditions are complied with, make and supply a
copy of the whole or part of a literary, dramatic or musical work from a
document in the library or archive without infringing any copyright in
the work or in any illustrations accompanying it.
Recording for
archival
purposes
Parliamentary
and judicial
proceedings etc.
(2) Subsection (1) shall not apply where
(a)
the work is published at the time when the
copies are made; or
(b)
the copyright owner has prohibited
copying of the work, and at the time of the
making of the copy the librarian ought to
have been aware of that fact.
(3) The prescribed conditions shall include the
following:
(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 same material; and
(c)
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 or
archive, attributable to their production.
Exceptions Relating to Public Administration
67. (1) A recording of a broadcast or cable programme of
a designated class, or a copy of such a recording, may be made for the
purpose of being placed in an archive maintained by a designated body
without thereby infringing any copyright in the broadcast or cable
programme or in any work included in it.
(2)
The designated body referred to under subsection
(1) shall be prescribed by the Minister, and the Minister shall not
designate a body unless he is satisfied that it is not established or
conducted for profit.
68. (1) Copyright in a work is not infringed by anything
done for the purposes of parliamentary or judicial proceedings or,
subject to subsection (3), for the purposes of reporting such proceedings.
(2) Copyright in a work is not infringed by anything
done for the purposes of the proceeding of a statutory inquiry or, subject
Public records
Design
documents and
models
Exploitation of
a design
derived from
to subsection (4), for the purposes of reporting any such proceeding held
in public.
(3) The provisions of subsection (1) and (2) relating
to the reporting of proceedings shall not be construed as authorising the
copying of a work which is itself a published report of the proceedings.
(4) Copyright in a work is not infringed by the issue
to the public of copies of the report of a statutory inquiry containing the
work or material from it.
(5) For the purposes of this section, “statutory
inquiry” means an inquiry held or investigation conducted in pursuance
of a duty imposed or power conferred by or under an Act of Parliament.
69. Where any protected work or a reproduction of any such
work is comprised in any public record and is open to public inspection,
the copyright in the work is not infringed by the making or supplying to
any person of any copy of the work by or under the direction of any
officer in charge of the record.
70. (1) It is not an infringement of any copyright in a
design document or in a model that records or embodies a design for
anything save for an artistic work or a typeface, to make an article to the
design or to copy an article made to the design.
(2) It is not an infringement of any copyright to issue
to the public or to include in a film, broadcast or cable programme
service anything the making of which was, by virtue of subsection (1),
not an infringement of that copyright.
(3) For the purposes of this section
“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;
“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.
71. (1) Where an artistic work has been exploited by or
with the licence of the copyright owner by
artistic work
Transfer of
works in
electronic form
(a)
making by an industrial process articles
falling to be treated under this Act as
copies of the work, and
(b)
marketing such articles in Saint Vincent
and the Grenadines or elsewhere,
then, after the end of the period of fifty years from the end of the
calendar year in which the articles are first marketed, a person may,
without infringing copyright in the work, copy the work by making
articles of any description or by doing anything in relation to articles so
made.
(2) Where only part of an artistic work is exploited in
the manner described in subsection (1), then, the provisions of that
subsection apply only in relation to that part.
(3)
The Minister may by order make provision
(a)
as to the circumstances in which an article
or any description of article is to be
regarded for the purposes of this section as
made by an industrial process;
(b)
excluding from the operation of this
section such articles of a primarily literary
or artistic character as he thinks fit.
(4)
In this section
(a)
references to articles do not include films;
and
(b)
references to the marketing of an article
are references to its being sold or let for
hire or offered or exposed for sale or hire.
Exception Relating to Works in Electronic Form
72. (1) Where a work in electronic form has been
purchased on terms which expressly or impliedly or by virtue of any rule
of law, allow the purchaser to copy the work or to adapt it or to make
copies of an adaptation in connection with his use of it, then, in the
absence of any express terms
Statutory
licences:
recordings for
broadcasting
(a)
prohibiting the transfer of the copy by the
purchaser or imposing an obligation 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 shall, after the
transfer, be treated as an infringing copy for all purposes.
(3) Subsections (1) and (2) apply where the original
purchased copy is no longer usable and what is transferred is a further
copy used in its place.
(4)
This section applies also on a subsequent transfer.
Miscellaneous Exceptions Relating to Literary,
Dramatic, Musical and Artistic Works
73. (1) Where by virtue of an assignment or licence a
person is authorised to broadcast or include in a cable programme
service, a literary, dramatic, musical or artistic work or a film or sound
recording from a place into Saint Vincent and the Grenadines but,
apart from this subsection, would not be entitled to make copies of it,
then, subject to the conditions specified in subsection (2), the authority
contained in the assignment or licence shall be deemed to extend to
making one copy only for the purposes, and subject to the conditions, in
subsection (2).
(2) Subsection (1) shall apply only if the following
conditions are satisfied:
(a)
the copy shall not be used for making any
further copies or for any other purpose
except either for broadcasting or inclusion
in a cable programme service in
accordance with the assignment or licence,
or for archival purposes; and
(b)
the copy, unless kept for archival purposes,
shall be destroyed before the end of the
period of ninety days beginning with the
day on which it is first used for
broadcasting or included in a cable
programme service in pursuance of the
assignment or licence, or such extended
period as may be agreed between the
person who made the copy and the person
who in relation to the making of copies
of the description in question is the owner
of the copyright.
(3) A copy made in accordance with subsection (1)
shall be treated as an infringing copy;
(a)
for the purposes of any use in breach of
condition (a), and of subsection (2); and
(b)
for all purposes after that condition or
condition (b) of subsection (2) has been
broken.
(4) Where records of a literary, dramatic or musical
work have with the licence of the owner of the copyright in the work,
been previously made or imported into Saint Vincent and the
Grenadines, for the purposes of retail sale, then, any person may after
the expiry of the period of four months immediately following the date
of the first authorised manufacture in, or importation into, Saint Vincent
and the Grenadines of such records, and without first obtaining a licence
from the owner of the copyright in the work, make or authorise the
making of records of it.
(5)
Subsection (4) shall only apply where
(a)
the person intends to sell the records by
retail, or to supply them for the purposes
of being sold by retail by another person,
or intends to use them for making other
records which are to be so sold or
supplied;
(b)
the person pays royalties calculated at the
prescribed rates;
(c)
complies with such conditions relating to
notice, method and time of payment,
administration of royalties paid and other
matters, as may be prescribed; and
(d)
the person who makes or authorises the
making of records pursuant to this
subsection shall not make or authorise the
making of any alterations in, or omissions
from the work, unless records of that work
containing similar alterations and
omissions have been previously made by,
or with the licence of, the owner of the
copyright or unless such alterations and
omissions are reasonably necessary for the
adaptation of the work to the record in
question.
(5) Where a literary, dramatic, musical or artistic
work or film or sound recording is broadcast from a place within Saint
Vincent and the Grenadines or another country with the licence of the
copyright owner, any person may, without obtaining the licence of the
copyright owner incorporate by means of the reception of the broadcast,
the work in a cable programme service:
Provided that,
(a)
the transmission by the cable service takes
place simultaneously with the reception of
the broadcast;
(b)
the programme in which the literary,
dramatic, musical or artistic work or film
or sound recording is incorporated, is
transmitted without any alteration of any
kind; and
(c)
the copyright owner shall be entitled to
receive from the person providing the
cable programme service, equitable
remuneration in respect of the
transmission, to be fixed in remuneration
in respect of the transmission, to be fixed
in default of agreement, by the Court,
Reading or
recitation in
public
Representation
of artistic
works on public
display
Reconstruction
of buildings
and for the purposes of this subsection, an alteration to a programme
includes the addition thereto of new material not contained in the
programme as broadcast, or the omission from the transmission of any
material contained in the programme as broadcast; and the term
“material” includes a commercial advertisement.
74. (1) The reading or recitation in public of any
reasonable extract from a published literary or dramatic work is not an
infringement of copyright in the work, if accompanied by a sufficient
acknowledgement.
(2) Copyright in a work is not infringed by the
making of a sound recording, or the broadcasting or inclusion in a cable
programme service of a reading or recitation which, by virtue of
subsection (1), does not infringe copyright in the work, if the recording,
broadcast or cable programme consists mainly of material in relation to
which it is not necessary to rely on that subsection.
75. (1) This section applies to
(a) buildings;
(b) sculptures, models of buildings and works
of artistic craftsmanship, if permanently
situated in a public place or in premises
open to the public.
(2) The copyright in such a work is not infringed by
(a) making a graphic work representing it;
(b) making a photograph or film of it; or
(c) broadcasting or including in a cable
programme service a visual image of it.
(3) The copyright in such a work is not infringed by
the issue to the public of copies, or the broadcasting or inclusion in a
cable programme service, of anything whose making was, by virtue of
this section, not an infringement of copyright.
76. Anything done for the purposes of reconstructing a
building does not infringe any copyright in the building or in any
drawings or plans in accordance with which the building was, by or with
the licence of the copyright owner, constructed.
Subsequent work
by same artist
Recording
broadcasts for
programme
supervision
Recording for
purposes of
time shifting
Provision of
subtitled copies
of broadcast or
cable
programme
Adaptations
Power of
Minister to
prescribe
exceptions to
infringement
77. Where the author of an artistic work is not the copyright
owner, he does not infringe the copyright in the work by copying it in
making another artistic work, provided he does not repeat or imitate the
main design of the earlier work.
Miscellaneous Exceptions Respecting Broadcasts
78. Copyright is not infringed by the making or use by a
licensed broadcasting organisation or entity for the purpose of
maintaining supervision and control over programmes, of recordings of
those programmes.
79. The making for private and domestic use of a recording of
a broadcast or cable programme solely for the purpose of enabling it to
be viewed or listened to at a more convenient time does not infringe any
copyright in the broadcast or cable programme or in any work included
in it.
80. (1) A designated body may, for the purpose of
providing people who are deaf or hard of hearing, or physically or
mentally handicapped in other ways, copies which are sub-titled or
otherwise modified for their special needs, make copies of television
broadcasts or cable programmes and issue copies to the public, without
infringing any copyright in the broadcasts or cable programmes or works
included in them.
(2) For the purposes of this section, “designated
body” means a body designated for the purposes of this section by order
of the Minister, except that the Minister shall not designate a body unless
he is satisfied that it is not established or conducted for profit.
81. An act which by virtue of this Part may be done without
infringing copyright in a literary, dramatic or musical work does not
where that work is an adaptation, infringe any copyright in the work
from which the adaptation was made.
Prescribed Exceptions
82. (1) Subject to the provisions of this section, the
Minister may by order provide that the copyright in a work of the
description or category specified in the order is not infringed where, in
relation to such work, such acts as are specified in the order are done in
the circumstances so specified.
(2) The Minister shall not make an order under
subsection (1) unless he is satisfied that the acts specified in the order in
relation to the work
(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
(c)
would not unreasonably prejudice the
legitimate interest of the owner of the
copyright in the work.
(3)
An order made under subsection (1) may:
(a)
contain such consequential, supplemental
or ancillary provisions as appear to the
Minister to be necessary or expedient for
the purposes of giving due effect to the
order;
(b)
subject to section 96 prescribe the amount,
or the formula by which the amount shall
be calculated, which shall be paid by way
of equitable remuneration to the owner of
the copyright in any work to which the
order relates.
(4) No order may be made under this section unless
the Minister is satisfied
(a)
that the acts specified are to be done in the
public interest in connection with an event
of national importance, and
(b)
that the effect of the order would not
contravene any convention relating to
copyright to which Saint Vincent and the
Grenadines is a party.
PART VII – COPYRIGHT LICENSING
Preliminary
Definitions 83. (1) For the purposes of this Part;
“copyright licence” means a licence to do, or
authorise the doing of, any of the acts
restricted by copyright in relation to
works of one or more than one author;
“licensing body” means a society or other
organisation 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 cases 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 cases.
(2) References in this Part to licencers or licensing
schemes covering works of more than one author do not include licences
or schemes covering only
(a)
a single collective work of which
the authors are the same; or
(b)
works made by, or by employees of
or commissioned by, a single
individual, firm, company or group
of companies.
Licensing 84. The provisions of sections 83 to 90 apply to licensing
schemes to
schemes of the following descriptions:
which sections
82-87 apply
(a)
licensing schemes operated by licensing bodies in
relation to the copyright in literary, dramatic,
musical or artistic works or films, or film sound-
tracks when accompanying a film, which cover
works of more than one author, so far as they
relate to licences for
(i)
copying the work;
Reference of
proposed
licensing
scheme to
Court
Reference of
existing
licensing
scheme to
Court
(ii) performing, playing or showing the work
in public; or
(iii) broadcasting the work or including it in a
cable programme service;
(b) licensing schemes in relation to the copyright in
sound recordings other than film sound-tracks
when accompanying a film, broadcasts or cable
programmes or the typographical arrangement of
published editions; and
(c) licensing schemes in relation to the copyright in
sound recordings, films or computer programmes
so far as they relate to licences for the rental of
copies to the public.
85. (1) The terms of a licensing scheme which a licensing
body proposes to operate may be referred to the Court by an organisation
claiming to be representative of persons who require licences in cases of
a description to which the scheme would apply, either generally or in
relation to any description of case.
(2) The Court shall first decide whether to entertain
the reference and decline to do so on the ground that the reference is
premature.
(3) If the Court decides to entertain the reference it
shall consider the matter referred and make such order, confirming or
varying the proposed scheme, either generally or so far as it relates to
cases of the description to which the reference relates, as the Court may
determine to be reasonable in the circumstances.
(4) An order may be made under subsection (3) so as
to be in force indefinitely or for such period as the Court may determine.
86. (1) If during the operation of a licensing scheme a
dispute arises between the licensing body and
(a)
a person claiming that he requires a licence
in a case of a description to which the
scheme applies; or
(b)
an organisation claiming to be
representative of such person,
that person or organisation may refer the scheme to the Court in so far
as it relates to cases of that description.
(2) A scheme which has been referred to the Court
under this section shall remain in operation until proceedings on the
reference are concluded.
(3) The Court shall consider the matter in dispute and
make such order, either confirming or varying the scheme so far only as
it relates to cases of the description to which the reference relates, as the
Court may determine to be reasonable in the circumstances.
Further 87. (1) Where the Court has on a previous reference of a
reference to
licensing scheme under section 85 or 86, or under this section, made an
Court
order with respect to the scheme then, while the order remains in force
(a)
the licensing body;
(b)
a person claiming that he requires a licence
in a case of the description to which the
order applies; or
(c)
an organisation claiming to be
representative of such person,
may refer the scheme again to the Court so as it relates to cases of that
description.
(2) A licensing scheme shall not, except with the
special leave of the Court be referred to again in respect of the same
description of cases
(a)
within twelve months from the date of the
order on the previous reference; or
(b)
if the order was made so as to be in force
for fifteen months or less, until the last
three months before the expiry of the
order.
(3) A scheme which has been referred to the Court
under this section shall remain in operation until proceedings on the
Application for
grant of licence
in connection
with licensing
scheme
reference are concluded.
(4) The Court shall consider the matter in dispute and
make such order, either confirming, varying or further varying the
scheme so far only as it relates to cases of the description to which the
reference relates, as the Court may determine to be reasonable in the
circumstances.
(5) The order may be made so as to be in force
indefinitely or for such period as the Court may determine.
88. (1) A person who claims, in a case covered by a
licensing scheme, that the operator of the scheme has refused to grant
him or procure the grant to him of a licence in accordance with the
scheme, or has failed to do so within a reasonable time after being asked,
may apply to the Court for redress.
(2) A person who claims, in a case excluded from a
licensing scheme, that the operator of the scheme either
(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 it
should not be granted; or
(b)
proposes terms for a licence which are
unreasonable,
may apply to the Court.
(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.
Application for
review as to
entitlement to
licence
Effect of order
of Court as to
licensing
scheme
(4) If the Court is satisfied that the claim is well-
founded, it shall make an order declaring that, in respect of the matters
specified in the order, the applicant is entitled to a scheme on such terms
as the Court may determine to be applicable in accordance with the
scheme or, as the case may be to be reasonable in the circumstances.
(5) The order may be made so as to be in force
indefinitely or for such period as the Court may determine.
89. (1) Where the Court has made an order under section
86 that a person is entitled to a licence under a licensing scheme, the
licensing body or the original applicant may apply to the Court to review
its order.
(2) An application shall not be made, except with the
special leave of the Court
(a)
within twelve months from the date of the
order or of the decision on a previous
application under this section; or
(b)
if the order was made so as to be in force
for fifteen months or less, or, as a result of
the decision on a previous application
under this section is due to expire within
fifteen months of that decision, until the
last three months before the expiry date.
(3) The Court shall on an application for review
confirm or vary its order as it may determine to be reasonable having
regard to the terms applicable in accordance with the licensing scheme
or, as the case may be, the circumstances of the case.
90. (1) A licensing scheme which has been confirmed or
varied by the Court under section 85 or 86 shall be in force, or as the
case may be, remain in operation so far as it relates to the description of
the case in respect of which the order is made, so long as the order
remains in force.
(2) While the order is in force a person who in a case
of a class to which the order applies,
(a)
pays to the licensing body 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 licensing body 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 copyright as if
he had at all material times been the holder of a licence granted by the
owner of the copyright in question in accordance with the scheme.
(3) The Court may direct that the order, so far as it
varies the amount of charges payable, shall have effect from a date
before that on which it is made, not being a date earlier than the date on
which the reference was made or, where the scheme came into operation
but no such direction shall be made where subsection (1) applies.
(4)
If a direction is made under subsection (3);
(a)
any necessary repayments, or further
payments, shall be made in respect of
charges already paid; and
(b)
the reference in subsection (2) (a) to the
charges payable under the scheme shall be
construed as a reference to the charges so
payable by virtue of the order.
(5) Where the Court has made an order under section
88 and the order remains in force, the person in whose favour the order
is made shall, if he
(a)
pays to the licensing body any charges
payable in accordance with the order or, if
the amount cannot be ascertained, gives an
undertaking to pay the charges when
ascertained; and
(b)
complies with the other terms specified in
the order,
be in the same position as regards infringement of copyright as if he had
at all material times been the holder of a licence granted by the owner of
the copyright in question on the terms specified in the order.
References And Application With Respect To Individual
Licensing By Licensing Bodies
Licences to
which sections
91 to 95 apply
Reference to
Court of
proposed
licence
91. Sections 91 to 95 apply to the following descriptions of
licence granted by a licensing body otherwise than in pursuance of a
licensing scheme:
(a)
licences relating to the copyright in literary,
dramatic, musical or artistic works or films or
film sound-tracks when accompanying a film,
which cover works of more than one author, so
far as they authorise
(i)
copying the works;
(ii)
performing, playing or showing the work
in public; or
(iii)
broadcasting the works or including it in a
cable programme service;
(b)
any licence relating to the copyright in a sound
recording other than a film sound-track when
accompanying a film, broadcast or cable
programme, or the typographical arrangement of
a published edition; and
(c)
any licence relating to the copyright in sound
recordings, film or computer programme so far as
they relate to the rental of copies to the public
and for the purpose of these sections “a licence” means a licence of any
of those descriptions.
92. (1) The terms on which a licensing body proposes to
grant a licence may be referred to the Court by the prospective licensee.
(2) The Court shall first decide whether to entertain
the reference, and may decline to do so on the ground that the reference
is premature.
(3) If the Court decides to hear the reference it shall
consider the terms of the proposed licence and make such order, either
confirming or varying the terms, as it may determine to be reasonable in
the circumstances.
(4) The order may be made so as to be in force
indefinitely or for such period as the Court may determine.
Reference to 93. (1) A licensee under a licence which is due to expire,
Court of
by effluxion of time or as a result of notice given by the licensing body,
expiring licence
Application for
review of order
as to licence
Effect of order
of Court as to
licence
by effluxion of time or as a result of notice given by the licensing body,
may apply to the Court on the ground that it is unreasonable in the
circumstances that the licence should cease to be in force.
(2) Such an application may not be made until three
months before the licence is due to expire.
(3) A licence in respect of which a reference has been
made to the Court shall remain in operation until proceedings on the
reference are concluded.
(4) If the Court finds the application well-founded, it
shall make an order declaring that the licensee shall continue to be
entitled to the benefit of the licence on such terms as the Court may
determine to be reasonable in the circumstances.
(5) An order of the Court under this section may be
made so as to be in force indefinitely or for such period as the Court may
determine.
94. (1) Where the Court has made an order under section
92 or 93, the licensing body or the person entitled to the benefit of the
order may apply to the Court to review its order.
(2) An application shall not be made, except with the
special leave of the Court
(a)
within twelve months from the date of the
order or of the decision on previous
application under this section; or
(b)
if the order was made so as to be in force
for fifteen months or less, or as a result of
the decision on a previous application
under this section is due to expire within
fifteen months to that decision, until the
last three months before the expiry date.
(3) The Court shall on an application for review
confirm or vary its order as the Court may determine to be reasonable in
the circumstances.
95. (1) Where the Court has made an order under section
92 or 93 and the order remains in force, the person entitled to the benefit
of the order shall, if he
(a)
pays to the licensing body any charges
payable in accordance with the order or if
the amount cannot be ascertained, gives an
undertaking to pay the charges when
ascertained; and
(b)
complies with the other terms specified in
the order,
be in the same position as regards infringement of copyright as if he had
at all material times been the holder of a licence granted by the owner of
the copyright in question on the terms specified in the order.
(2)
The benefit of the order may be assigned
(a)
in the case of an order under section 92, if
assignment is not prohibited under the
terms of the Court’s order; and
(b)
in the case of an order under section 93, if
assignment was not prohibited under the
terms of the original licence.
(3) The Court may direct that an order under section 92 or 93, or an
order under section 94 varying such an order, so far as it varies the
amount of charges payable, has effect from a date before that on which it
is made, but not earlier than the date on which the reference or
application was made or, if later, on which the licence was granted or, as
the case may be, was due to expire.
(4)
If such a direction is made,
(a)
any necessary repayments or further
payments, shall be made in respect of
charges already paid; and
(b)
the reference in subsection (1) (a) 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.
Factors to be taken into account in certain classes of case
General 96. In determining what is reasonable on a reference or
consideration
application under this Part relating to a licensing scheme or licence, the
unreasonable
discrimination
Licences for
reprographic
copying
Licences for
educational
establishments
in respect of
works included
in broadcasts
or cable
programmes
Licences to
reflect
conditions
imposed by
application under this Part relating to a licensing scheme or licence, the
Court shall have regard to
(a)
the availability of other schemes, or the granting
of other licences, to other persons in similar
circumstances; and
(b)
the terms of those schemes or licences,
and shall exercise its powers so as to secure that there is no unreasonable
discrimination between licences, or prospective licensees, under the
scheme or licence to which the reference or application relates and
licensees under other schemes operated by, or other licences granted by,
the same person.
97. Where a reference or application is made to the Court
under this Part relating to the licensing of reprographic copying of
published literary, dramatic, musical or artistic works, or the
typographical arrangement of published editions, the Court shall have
regard to
(a)
the extent to which published editions of the
works in question are otherwise available;
(b)
the proportion of the work to be copied; and
(c) the nature of the use to which the copies are likely
to be put.
98. (1) This section applies to references or applications
under this Part relating to licences for the recording by or on behalf of
educational establishments of broadcasts or cable programmes which
include copyright works, or the making of copies of such recordings, for
educational purposes.
(2) Where an application is made to the Court under
section 97, the Court shall, in considering what charges if any, should be
paid for a licence, have regard to the extent to which the owners of
copyright in the works included in the broadcast or cable programme
have already received, or are entitled to receive, payment in respect of
their inclusion.
99. (1) This section applies to references or applications
under this Part in respect of licences relating to sound recordings, films,
broadcasts or cable programmes which include, or are to include, any
entertainment or other event.
promoters
events
Licences to
reflect
payments in
respect of
underlying
rights
Mention of the
specific matters
not to exclude
relevant
considerations
entertainment or other event.
(2) The Court shall have regard to any conditions
imposed by the promoters of the entertainment of other event; and, in
particular, the Court shall not hold a refusal or failure to grant a licence
to be unreasonable if it could not have been granted consistently with
those conditions.
(3) Nothing in this section shall require the Court to
have regard to any such conditions in so far as they
(a)
purport to regulate the charges to be
imposed in respect of the grant of licences;
or
(b)
relate to payments to be made to the
promoters of any event in consideration
of the grant of facilities for making the
recording, film, broadcast or cable
programme.
100. (1) In considering what charges should be paid for a
licence on a reference or application under this Part relating to licences
for the rental to the public of copies of sound recordings, films, or
computer programmes, the Court shall take into account any
reasonable payments which the owner of the copyright in the sound
recording, film or computer program is liable to make in consequence of
granting of the licence, or of the acts authorised by the licence, to owners
of copyright in works included in that work.
(2) On any reference or application under this Part
relating to licensing in respect of the copyright in sound recordings,
films, broadcasts or cable programmes, the Court shall take into account,
in considering what charges should be paid for a licence, any reasonable
payments which the copyright owner is liable to make in consequence of
the granting of the licence, or of the acts authorised by the licence, in
respect of any performance included in the recording, film, broadcast or
cable programme.
101. The mention in sections 96 to 99 of the specific matters to
which the Court is to have regard in certain classes of cases does not
affect the Court’s general obligation in any case to have regard to all
relevant considerations.
PART IX – RIGHTS IN PERFORMANCES
Protection and
conferment of
rights in
performances
102. (1) The provisions of this Act on the protection of
performers shall apply to
(a)
performers who are nationals of Saint
Vincent and the Grenadines; and
(b)
performers who are not nationals of Saint
Vincent and the Grenadines but whose
performances
(i)
take place on the territory of Saint
Vincent and the Grenadines; or
(ii)
are incorporated in sound
recordings that are protected under
this Act.
(2) The provisions in this Act shall also apply to
performers who are eligible for protection by virtue of and in accordance
with international conventions or other international agreements to
which Saint Vincent and the Grenadines is a party.
(3) By virtue of, and subject to the provisions of this
Part, rights are conferred on
(a)
a performer, requiring his consent to the
exploitation of his performance; and
(b)
a person having recording rights in relation
to a performance, in respect of recordings
made without his consent or that of the
performer.
(4) 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
Consent
required for
recording or
live
transmission of
performance
Consent and
royalty
required for
adaptation of
recording
otherwise than under this Part.
(5) The rights conferred by this Part apply in relation
to performances taking place before the commencement of this Part, but
no act done before commencement, or in pursuance of arrangements
made before commencement, shall be regarded as infringing those
rights.
Performer’s Rights
103. (1) A performer’s rights are infringed by a person
who, without the performer’s consent
(a)
makes, otherwise than for his private and
domestic use, a recording of whole or any
substantial part of a qualifying
performance; or
(b)
broadcasts live, or includes live in a cable
programme service a recording of, the
whole or any substantial part of a
qualifying performance.
(c)
infringes his right of distribution or right
of making available to the public a fixed
performance by wire or wireless means.
(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.
104. (1) A performer’s rights are infringed by a person
who, without his consent and payment of royalty at the rate, uses an
original recording of a qualifying performance, whether authorised or
not, for the purpose of making an adaptation of the recording.
(2) For the purposes of subsection (1) “an adaptation
of the recording” means a recording in which the performance is
accompanied by lyrics or music not contained in the original recording.
Infringement of 105. (1) A performer’s rights are infringed by a person
performer’s
who, without his consent
rights by who, without his consent
importing
possessory,
(a)
imports into Saint Vincent and the
illicit recording
Grenadines otherwise than for his 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 a qualifying performance which is, and which that person
knows or has reason to believe is, an illicit recording.
(2) Where in an action for infringement of a
performer’s rights brought by virtue of this section a defendant shows
that the illicit recording was innocently acquired by him or a predecessor
in title of his, the only remedy in damages available against him in
respect of the infringement is damages not exceeding a reasonable
payment in respect of the act complained of.
(3) For the purposes of subsection (2) “innocently
acquired” means that the person acquiring the recording did not know
and had no reason to believe that it was an illicit recording.
Performers 106 (1) A performer shall have as regards his live oral
moral rights
performances and performances fixed on a phonogram
(a)
the right to claim to be identified as the
performer of a performance, except where
omission is dictated by the manner of the
use of the performance; and
(b)
to object to any distribution, mutilation or
other modification of his performance that
would be prejudicial to his reputation.
(2) The provisions of sections 17 (1) and 18 shall
apply mutatis mutandis.
Rights of Person Having Recording Rights
Consent 107. (1) A person infringes the rights of a person having
required of
recording rights in relation to a performance who, without his consent or
performance
that of the performer, makes a recording of the whole or any substantial
subject to
part of the performance, otherwise than for his private and domestic use.
exclusive
contract
Infringement of
recording
rights by use of
recording made
without consent
Infringement of
recording
rights by
importing,
possessing
illicit recording
(2) In an action for infringement of those rights
brought by virtue of this section damages shall not be awarded against a
defendant who shows that at the time of the infringement he believed on
reasonable grounds that consent had been given.
108. (1) A person infringes the rights of a person having
recording rights in relation to a performance who, without his consent or,
in the case of a qualifying performance, that of the performer
(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) Reference in subsection (1) to “the appropriate
consent” is to the consent of
(a)
the performer; or
(b)
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.
109. (1) A person infringes the rights of a person having
recording rights in relation to a performance, who, without his consent
or, in the case of a qualifying performance, without the consent of the
performer,
(a)
imports into Saint Vincent and the
Grenadines otherwise than for his 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,
Fair dealing for
criticism, etc.
Acts done to
recording of
performance
for purposes of
instruction
a recording of the performance which is, and which that person knows or
has reason to believe is, an illicit recording.
(2) Where in an action for infringement of those
rights brought by virtue of this section a defendant shows that the illicit
recording was innocently acquired by him or a predecessor in title of his,
the only remedy available against him in respect of the infringement is
an amount not exceeding a reasonable payment in respect of the act
complained of.
(3) For the purposes of subsection (2) “innocently
acquired” means that the person acquiring the recording did not know
and had no reason to believe that it was an illicit recording.
Exceptions to Infringement
110.
Fair dealing with a performance or recording;
(a)
for the purpose of criticism or review of that or
another performance or recording, or of a work; or
(b)
for the purpose of reporting current events,
does not infringe any of the rights conferred by this Part, and the
provisions of section 57 shall, with the necessary modifications, apply in
determining whether or not an act constitutes fair dealing.
111. (1) The rights conferred by this Part are not infringed
by the copying of a recording of a performance in the course of
instruction, or of preparation for instruction, in the making of films or
film sound-tracks, provided the copying is done by a person giving or
receiving instruction.
(2)
The rights conferred by this Part are not infringed
(a)
by the copying of a recording of a
performance for the purpose of setting or
answering questions in an examination;
(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
purpose of that dealing.
Recording of
broadcasting
and cable
programmes by
educational
establishment
Acts done to
performance or
recording for
Parliamentary
proceedings
Transfer of
recording of
performance in
electronic form
(4)
For the purposes of subsection (3) and section 112
(2) “dealt with” means sold or let for hire, or offered or exposed for sale
or hire.
112. (1) A recording of a broadcast or cable programme, or
a copy of such a recording, may be made by or on behalf of an
educational institution for the educational purposes of that establishment
without thereby infringing any of the rights conferred by this Part in
relation to any performance or recording included in it.
(2) Where a recording which would otherwise be an
illicit recording is made in accordance with this section but is
subsequently dealt with under section 111 (4) it shall be treated as an
illicit recording for the purposes of that dealing.
113. The rights conferred by this Part are not infringed by
anything done for the purpose of
(a) parliamentary or judicial proceedings or the
reporting of those proceedings; or
(b) the proceedings of a statutory inquiry or the
reporting of those proceedings held in public.
114. (1) Where a recording of a performance in electronic
form has been purchased on terms which, expressly or impliedly or by
virtue of any rule of law, allows the purchaser to make further recordings
in connection with his use of the recording, then, in the absence of any
express terms
(a)
prohibiting the transfer of the recording by
the purchaser;
(b)
imposing obligations which continue after
a transfer;
(c)
prohibiting the assignment of any consent;
(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,
Use of for
recordings of
spoken words
anything which the purchaser was allowed to do may also be done by a
transferee without infringement of the rights conferred by this Part, but
any recording made by the purchaser which is not also transferred shall
be treated as an illicit recording for all purposes after the transfer.
(2) Subsection (1) applies where the original
purchased recording is no longer usable and what is transferred is a
further copy used in its place.
(3) This section does not apply in relation to a
recording purchased before the commencement of this Act.
115. (1) Where a recording of the reading or recitation of a
literary work is made for the purpose of
(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 form 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;
(c)
the use made of the recording is not of a
kind prohibited 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 116. (1) It is not an infringement of any right conferred by
recording for
this Part to play a sound recording as part of the activities of, or for the
charitable
benefit of a club, society or other organisation if
purposes
(a)
the organisation 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 organisation.
Incidental 117. (1) Subject to subsection (2), a person who proposes
recording for
to broadcast a recording of a performance, or to include a recording of a
purposes of
performance in a cable programme service, in circumstances not
broadcast or
infringing the rights conferred by this Part, shall be treated as having
cable
programme consent for the purposes of this Part for the making of a further
recording for the purposes of the broadcast or cable programme.
(2) The consent given under subsection (1) is subject
to the condition that
(a)
the further recording shall not be used for
any other purposes; and
(b)
such recording shall be destroyed within
twenty-eight days of being first used for
broadcasting the performance or including
it in a cable programme service.
(3) A recording made in accordance with this
paragraph shall be treated as an illicit recording
(a)
for the purposes of any use in breach of the
condition mentioned in paragraph (a) of
subsection (2); and
(b)
for all purposes after that condition or the
condition mentioned in paragraph (a) of
subsection (2) is breached.
Recordings for 118. The rights conferred by this Part are not infringed by the
supervision and
making or use by a prescribed broadcasting organisation for the purpose
control of
of maintaining supervision and control over programmes broadcast by
programmes
that organisation, of recordings of those programmes.
permitted
Order 119. (1) Subject to the provisions of this section, the
excepting acts
Minister may, by order, provide that the rights conferred by this Part are
from infringing
not infringed by the doing of such acts in relation to the performance as
rights under
are specified in the order, where such acts are done in the circumstances
this Part
so specified.
(2)
An order made under subsection (1) may
(a)
contain consequential, supplemental or
ancillary provisions as appear to the
Minister to be necessary or expedient for
the purpose of giving due effect to the
order;
(b)
prescribe the amount, or the formula by
which the amount shall be calculated,
which shall be paid by way of equitable
remuneration to the performer or other
person whose rights under this Part are
affected by the order.
(3) No order may be made under this section unless
the Minister is satisfied
(a)
that the acts specified are to be done in
connection with an event of national
importance, and
(b)
that the effect of the order would not
contravene any convention relating to
rights in respect of performances to
which Saint Vincent and the Grenadines
is a party.
Court may 120. (1) Subject to the provisions of this section, the Court
consent on
may, on the application of a person who wishes to make a recording
behalf of
from a previous recording of a performance, give consent in a case
performer
where
(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 Court has effect as consent
of the performer for the purpose of
(a)
the provisions of this Part relating to
performers’ rights; and
(b)
paragraph (a) of subsection (3) of section
127,
and may be given subject to such conditions as the Court may specify in
the order.
(3)
The Court shall not give consent under paragraph
(a) of subsection (1) except after the service or publication of such
notices as may be required by regulations or as the Court may in any
particular case direct.
(4)
The Court shall not give consent under paragraph
(b) of subsection (1) unless it is satisfied that the performer’s reasons for
withholding consent do not include the protection of any legitimate
interest of his, but it shall be for the performer to show what his reasons
are for with-holding consent, and in default of evidence as to his reasons
the Court may draw such inferences as it thinks fit.
(5) In any case the Court shall take into account the
following factors
(a)
whether the original recording was made
with the performer’s consent and is
lawfully in the possession or control of the
person proposing to make the further
recording;
(b)
whether the making of the further
recording is consistent with the obligations
of the parties to the arrangements under
which, or is otherwise consistent with the
purposes for which, the original recording
was made.
Duration of
rights in
performances
Transmission of
rights in
performances
(6) Where the Court gives consent under this section
it shall, in default of agreement between the applicant and the performer,
make such order as it thinks fit as to the payment to be made to the
performer in consideration of consent being given.
Duration and Transmission of Rights in
Performances; Consent
121. The rights conferred by this Part shall continue to subsist
until the expiry of seventy five years from the end of the calendar year in
which the performance takes place.
122. (1) The rights conferred by this Part are not
assignable or transmissible, except to the extent that performers’ rights
are transmissible as provided in this section.
(2) On the death of a person entitled to performer’s
rights,
(a)
the rights pass to such person as he may by
testamentary disposition specifically
direct; and
(b)
if there is no such direction, the rights are
exercisable by his personal representative,
and references in this Part to the
performer, in the context of the person
having performer’s rights, shall be
construed as references to the person for
the time being entitled to exercise those
rights.
(3) Where by virtue of paragraph (a) of subsection (2)
a right becomes exercisable by more than one person, it is exercisable by
each of them independently of the other or others.
(4) Subsections (1), (2) and (3) are without prejudice
to any rights conferred by this Act on a person to whom the benefit of a
contract or licence is assigned.
(5) Any damages recovered by personal
representatives by virtue of this section in respect of an infringement
after a person’s death shall devolve as part of his estate as if the right of
action had subsisted and been vested in him immediately before his
Consent
Infringement
actionable as
breach of
statutory duty
Order for
delivery up of
illicit recording
in
Court
Right to seize
illicit
death.
123. (1) Consent for the purposes of this Part may be given
in relation to a specific performance, a specified description of
performances, or performances generally, and may relate to past or
future performances.
(2) A person having recording rights in a performance
is bound by any prior consent given by a person through whom he
derives his rights under the exclusive recording contract or licence in
question, in the same way as if the consent had been given by him.
(3) Where a right conferred by this Part passes to
another person, any consent binding on the person previously entitled
binds the person to whom the right passes in the same way as if the
consent had been given by him.
Remedies for Infringement of Rights
in Performances
124. An infringement of any of the rights conferred by this
Part is actionable by the person entitled to the right as a breach of
statutory duty.
125. (1) Where a person has in his possession, custody or
control in the course of a business an illicit recording of a performance, a
person having performer’s rights or recording rights under this Part in
relation to the performance may apply to the Court for an order that the
recording be delivered up to him or to such other person as the Court
may direct.
(2) An application shall not be made after the end of
the period specified in section 135, and no order shall be made unless the
Court also makes, or it appears to the Court that there are grounds for
making, an order under section 134.
(3) A person to whom a recording is delivered up in
pursuance of an order under this section shall, if an order under section
135 is not made, retain it pending the making of an order, or the decision
not to make an order under that section.
(4) Nothing in this section affects any other power of
the Court.
126. (1) Subject to any decision of the Court under section
134 and the conditions specified in subsections (2), (3) and (4), an illicit
recordings
134 and the conditions specified in subsections (2), (3) and (4), an illicit
recording of a performance which is found exposed or otherwise
immediately available for sale or hire and in respect of which a person
would be entitled to apply for an order under section 134 may be seized
and detained by him or a person authorised by him.
(2) Before anything is seized under this section
written notice of the time and place of the proposed seizure must be
given to a local police station.
(3) At the time when anything is seized under this
section there shall be left at the place where it was seized a notice in the
prescribed form containing the prescribed particulars as to the person by
whom or on whose authority the seizure is made and the grounds on
which it is made.
(4) For the purposes of this section “premises”
includes land, buildings, fixed or moveable structures, vehicles, vessels
and aircraft.
Offences In Relation to Performances
Criminal
liability for
127. (1) A person who without sufficient consent
making illicit
recordings (a) makes for sale or hire;
(b) imports into Saint Vincent and the
Grenadines otherwise than for his private
and domestic use;
(c) possesses in the course of a business with a
view to doing any act infringing the rights
conferred by this Part; or
(d) in the course of a business,
(i) sells or lets for hire; or
(ii) offers or exposes for sale or hire; or
(iii) distributes,
a recording which is, and which he knows or has reason to believe is, an
illicit recording, commits an offence.
(2) A person who causes a recording of a performance
made without sufficient consent
(a) to be shown or played in public; or
(b) to be broadcast or included in a cable
programme service,
thereby infringing any of the rights conferred by this Part, if he knows or
ought to have known that those rights are thereby infringed, commits an
offence.
(3) For the purposes of subsections (1) and (2)
“sufficient consent” means
(a)
in the case of a qualifying performance,
the consent of the performer; and
(b)
in the case of a non-qualifying
performance subject to an exclusive
recording contract
(i)
for the purpose of paragraph (a) of
subsection (1), the consent of the
performer or the person having
recording rights; and
(ii)
for the purposes of paragraphs (a)
and (b) of subsection (2), the
consent of the person having
recording rights.
(4) References in this section to “the person having
recording rights” are to the person having those rights at the time the
consent is given or, if there is more than one such person, to all of them.
(5)
No offence is committed under subsection (1) or
(2) by the doing of an act which, by virtue of any provision of this Part,
may be done without infringing the rights conferred by this Part.
(6) A person guilty of an offence under subsection (1)
or (2) shall be liable
Order for
delivery up of
illicit recording
in criminal
proceedings
(a)
on summary conviction to a fine not
exceeding two thousand five hundred
dollars or to imprisonment for a term not
exceeding tvelve months; or
(b)
on conviction on indictment to a fine not
exceeding fifty thousand dollars or for a
term not exceeding five years, or to both
fine and imprisonment.
(7) A person guilty of any other offence under this
section is liable on summary conviction to a fine not exceeding one
thousand dollars or to imprisonment for a term not exceeding six months
or to both fine and imprisonment.
128. (1) The Court before which proceedings are brought
against a person for an offence under section 127 may, if satisfied that at
the time of his arrest or charge he had in his possession, custody or
control in the course of a business an illicit recording of a performance,
order that it be delivered up to a person having performer’s rights or
recording rights in relation to the performance or to such other person as
the Court may direct.
(2) An order may be made by the Court of its own
motion or on the application of the prosecution and may be made
whether or not the person is convicted of the offence, but shall not be
made
(a)
after the end of the period specified in
section 135; or
(b)
if it appears to the Court unlikely that any
order will be made under section 134.
(3) An appeal lies to the Court of Appeal from an
order made under this section.
(4) A person to whom an illicit recording is delivered
up in pursuance of an order under this section shall retain it
pending the making of an order, or the decision not to make an order,
under section 135.
PART X – COLLECTIVE SOCIETIES
Collective
societies to be
registered
129. (1) No person or association of persons shall, after the
coming into force of this Act, commence or carry on the business of
issuing or granting licences in respect of any work in which copyright or
related rights subsists or in respect of any other rights conferred by this
Act except in accordance with the registration granted under subsection
(3).
(2)
Notwithstanding subsection (1)
(a)
an owner of copyright of related rights
shall in his individual capacity, venture to
have the right to grant licences in respect
of his works consistent with his obligation
as a member of a collective society; and
(b)
a collective society functioning
immediately before the coming into force
of this Act shall be deemed to be a
collective society for the purposes of this
Act and every such society shall ensure
that it is registered within a period of one
year from the date of commencement of
this Act.
(3) Any association of persons who fulfill the
conditions as may be prescribed may apply for permission to do the
business specified in subsection (1) to the Registrar.
(4) The Registrar may, having regard to the interests
of authors and other owners of rights under this Act, the interest and
convenience of the public and ability and professional competence of the
applicants, register such association of persons as a collective society
subject to such conditions as may be prescribed.
(5) The Registrar shall not ordinarily register more
than one Collective Society to do business in respect of the same class of
works.
(6) The Registrar may, if he is satisfied that a
collective society is being managed in a manner detrimental to the
interest of the owners of rights concerned, cancel the registration of the
society after such inquiry as may be prescribed.
(7) If the Registrar is of the opinion that in the interest
of the owners of rights concerned, it is necessary so to do, he may, by
order, suspend the registration of a society pending inquiry for a period
not exceeding one year as may be specified in the order and the Registrar
shall appoint an administrator to discharge the functions of the collective
society.
(8) In the exercise of his functions under this section
the Registrar shall act after consultation with the Minister.
Administration 130. (1) Subject to such conditions as may be prescribed
of rights by
collective
(a)
a collective society may accept from an
society
owner of rights exclusive authorisation to
administer any right in any work by issue
of licences or collection of licence fees or
both; and
(b)
an owner of rights shall have the right to
withdraw such authorisation without
prejudice to the rights of the collective
society under any contract.
(2)
A collective society shall be competent
(a)
to enter into agreement with any foreign
society or organisation administering
rights corresponding to rights under this
Act;
(b)
to entrust to such foreign society or
organisation the administration in any
country of rights administered by the said
collective society in Saint Vincent and the
Grenadines; and
(c)
for administering in Saint Vincent and the
Grenadines the rights administered in a
foreign country by such society or
organisation.
(3) Subject to such conditions as may be prescribed, a
copyright society may
(a)
issue licences in respect of any rights
under this Act;
(b)
collect fees in pursuance of such licences;
(c)
distribute such fees among owners of
rights after making deductions for its own
expenses;
(d)
perform any functions consistent with its
rules and bye-laws.
Control over 131. (1) A collective society shall be subject to the control
the copyright
of the owners of rights whose rights it administers, not being owners of
society by the
rights administered by a foreign society or organisation, and shall, in
owner of rights
such manner as may be prescribed
(a)
prepare a scheme for determining the
quantum of remuneration payable to
individual owners of rights;
(b)
obtain the approval of such owners of
rights for its procedures of collection and
distribution of fees;
(c)
obtain the approval of such owners for the
utilization of any amounts collected as fees
for any purpose other than distribution to
the owner of rights; and
(d)
provide such owners with regular, full and
detailed information concerning all its
activities, in relation to the administration
of their rights.
(2) All fees distributed among the owners of rights
shall as far as may be, be distributed in proportion to the actual use of
their works.
Submission of 132. (1) A collective society shall submit to the Registrar
returns and
such returns as may be prescribed.
reports
(2) The Registrar may call for any report or records of
a collective society for the purposes of satisfying himself that the fees
collected by the society in respect of rights administered by it are being
utilized or distributed in accordance with the provision of this Act.
Rights and 133. Nothing in this Part shall affect the rights or liabilities in
liabilities of
any work in connection with a performing rights society which had
performing
accrued or were accrued on or before the day prior to the commencement
rights societies
accrued or were accrued on or before the day prior to the commencement
of this Act on any legal proceedings in respect of any such rights or
liabilities pending on that day.
PART XI – GENERAL
Order for
disposal of
infringing copy
or illicit
recording
134. (1) An application may be made by the owner of a
copyright to the Court for an order that
(a)
an order that an infringing copy or article
delivered up in of pursuance of an order
under section 30 and 46 shall be
(i)
forfeited to the copyright owner; or
(i)
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 125 or 128 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 a decision that no order under paragraph (a) or (b) should be made.
(2) In considering what order should be made, the
Court shall have consideration of the following:
(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
Period after
which delivery
up not available
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) Provisions shall be made by order of Court with
respect to the service of notice on persons having an interest in the copy
or other articles or the illicit recording, as the case may be, and any such
person shall be 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 other article, or 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, article or, 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, a recording under this section.
135. (1) An application for an order under section 30 or
125 may not be made after the end of the period of six years from the
date on which the infringing copy or article or, the illicit recording in
question was made, subject to the following provisions.
(2) If during the whole or any part of that period a
person entitled to apply for an order
General civil
remedies
(a)
is under a disability; or
(b)
is prevented by fraud or concealment from
discovering the facts entitling him to
apply,
an application may be made by him at any time before the end of the
period of six years from the date on which he ceased to be under a
disability or, could with reasonable diligence have discovered those
facts.
(3) An order made under section 30 or 126 shall not,
in any case be made after the end of the period of six years from the date
in which the infringing copy or article or, the illicit recording in question
was made.
136. (1) The Court shall have the authority
(a) to order the impounding of copies of
works or sound recordings suspected of
being made or imported without the
authorisation of the owner of any right
protected under this Act when the making
or importation of copies as subject to such
authorisation as well as the impounding of
the packaging of the implements that could
be used for the making of such copies;
(b) to order the forfeiture and seizure of air
plates, moulds, matrices masters tapes,
film negatives or other articles by means
of which such copies of works or sound
recordings may be reproduced, and all
electronic, mechanical or other devices for
manufacturing, reproducing or assembling
such copies of works or sound recordings.
(2) The provisions of subsection (1) (a) shall not be
applicable to copies and their packaging which were acquired by a third
party in good faith.
(3) Where there is a danger that acts of infringement
may be continued, the Court shall, in addition to any penalty imposed,
impose a fine of five hundred dollars for each day on which the
infringement is continued.
Time limit for 137. No prosecution for an offence under this Act shall be
prosecution
commenced after the expiration of one year after the discovery of the
offence.
Powers of 138. (1) Subject to section 139, a police officer not
members of
below
the rank of an Sargeant may,
Police Force
(a)
enter and search any premises or place;
(b)
stop, board and search any vessel other
than a ship of war; or any aircraft other
than a military aircraft; or
(c)
stop and search any vehicle
in which he reasonably suspects there is an infringing copy of a work or
an illicit recording or any article used or intended to be used for making
infringing copies or illicit recordings; and
(d)
seize, remove or detain
(i)
any article which appears to him to
be an infringing copy or an illicit
recording or any other
article which appears to him to be
intended for use for making such
copies or recordings; and
(iii)
anything which appears to him to
be or to contain, or to be likely to
be or to contain, evidence of an
offence under this Act.
(2) A police officer not below the rank of an Sargeant
may
(a)
break open any outer or inner door of any
place which he is authorised by this
section to enter and search;
(b)
forcibly board any vessel, aircraft or
vehicle which he is authorised under this
Act to stop, board and search;
Restrictions on
entry and
search of
premises
Obstruction of
member of
Police Force
(c)
remove by force any person or thing
obstructing him in the exercise of any
power conferred on him by this Act;
(d)
detain any person found in any place
which he is authorised under this section to
search until such place has been searched;
(e)
detain any vessel or aircraft which he is
authorised under this section to stop, board
and search, and prevent any person from
approaching or boarding such vessel or
aircraft until it has been searched;
(f)
detain any vehicle which he is empowered
under this Act to stop and search until it
has been searched.
139. (1) Pursuant to section 138, no premises shall be
entered and searched by a police officer unless a magistrate has issued a
warrant under subsection (2).
(2) A Magistrate or Justice of the Peace may, if he is
satisfied by information on oath that there is reasonable ground for
suspecting that there is in any premises any article which may be seized,
removed or detained under any provision of this Act, issue a warrant
authorising a police officer not below the rank of Inspector to enter and
search the premises, and such member may call upon any constable to
assist him in entering and searching the premises.
(3) A police officer not below the rank of Sargeant
authorised under subsection (2) to enter and search any premises may
call upon any police officer to assist him in entering and searching the
premises.
(4) Premises means any premises or a part thereof,
used exclusively or mainly as a dwelling.
140. (1) Without prejudice to any other written law, any
person who
(a)
willfully obstructs a member of the Police
Force in the exercise of his powers or the
performance of his duties under this Act;
Offences by
body corporate
Power to make
regulations
International
organisations
(b)
willfully fails to comply with any
requirement properly made to him by any
such member; or
(c)
without reasonable excuse fails to give
such member any other assistance which
he may reasonably require to be given for
the purpose of exercising his powers or
performing his duties under this Act,
commits an offence and is liable on summary conviction to a fine not
exceeding two thousand five hundred dollars or to imprisonment for a
term not exceeding twelve months.
(2) Nothing in this section shall be construed as
requiring any person to give any information which may incriminate
him.
141. Where an offence under this Act committed by a body
corporate is proved to have been committed with the consent or
connivance of, or to be attributable to neglect on the part of, any director,
manager, secretary or other similar officer of the body corporate or any
person who was purporting to act in any such capacity, he, as well as the
body corporate, is guilty of that offence and is liable to be prosecuted
against and punished accordingly.
142. The Minister may make regulations prescribing such
matters as are required or permitted by this Act to be prescribed or are
necessary or desirable to be prescribed for giving effect to this Act.
143. (1) This section applies to international organisations
as to which the Minister by order has declared that it is expedient that
this section should apply.
(2) Where an original literary, dramatic, musical or
artistic work is first published by or under the direction or control of an
international organisation to which this section applies in any
circumstance whereby copyright would not, except by virtue of this
subsection, subsist in the work immediately after the first publication
thereof, and
(a)
the work is so published in pursuance of
an agreement with the author which does
not reserve to the author the copyright, if
any, in the work; or
Act binds
Crown
Regulations
Repeal
Cap. 262
Savings
Transitional
provisions
(b)
the work was made in circumstances that,
if it had been first published in Saint
Vincent and the Grenadines, the
organisation would have been entitled to
the copyright in the work,
then, copyright shall subsist in the work by virtue of this section and the
organisation shall be first owner of that copyright.
(3) Copyright of which an international organisation
is first owner by virtue of this section shall subsist until the end of the
period of fifty years from the end of the calendar year in which the work
was made or such longer period as may be specified by the Minister, by
order, for the purpose of complying with the international obligations of
Saint Vincent and the Grenadines.
(4) An organisation to which this section applies
which otherwise has not, or at some material time otherwise has not, the
legal capacities of a body corporate shall have, and shall be deemed at all
material times to have had, the enforcing copyright, and in connection
with all legal proceedings relating to copyright.
144. This Act binds the Crown save that nothing in this Act
shall render the Crown liable to prosecution.
145. The Minister may make regulations prescribing such
matters as are required or permitted by this Act to be prescribed or as are
necessary or desirable to be prescribed for giving effect to this Act.
146.
The Copyright Act, is repealed.
147. Nothing in this Act shall affect the operation of any rule
of equity relating to a breach of trust or confidence.
148. (1) Where immediately prior to the appointed day
copyright subsists in Saint Vincent and the Grenadines in any literary,
dramatic, musical or artistic work by virtue of the Copyright Act, , such
copyright shall continue to subsist, and the person entitled thereto by
virtue of that Act shall be the owner thereof, under and subject to this
Act, and in particular
(a)
the duration of such copyright;
(b)
the acts comprised within the exclusive
rights attaching to such copyright; and
(c)
the effect upon the ownership of such
copyright of any event or transaction
occurring or of any contract or agreement
made on or after the appointed day,
shall be governed by this Act.
(2) Where before the appointed day any person has
incurred any expenditure or liability in connection with or in
contemplation of the doing of an act in relation to a protected work or to
a performance in respect to which rights are conferred by this Act, being
an act which prior to that date would have been lawful, nothing in this
Act shall diminish or prejudice any rights or interests which, in relation
to that work or performance, are subsisting and valuable on the
appointed day, unless the person who, by virtue of this Act, is the owner
of the copyright or the person having rights in the performance, agrees to
pay such compensation as, in default of agreement, may be fixed by the
Court.
(3) Where an act done before the appointed day was
then an infringement of copyright but is not an infringement of copyright
or rights in a performance under this Act, then, proceedings in respect of
that act may be taken as if this Act had not been passed.
(4) An act done before the appointed day shall not be
an infringement of copyright or rights in a performance conferred by this
Act if that act would not, but for the passing of this Act, have constituted
an infringement.
(5) Proceedings under this Act for infringement may
be taken notwithstanding the alleged infringement occurred before the
appointed day.
(6) For the purposes of this section “appointed day”
means the day appointed by the Governor–General pursuant to section 1.
Passed in the House of Assembly this 20th day of February 2003.
NICOLE HERBERT
Clerk of the House of Assembly (Ag.)
Register your author's rights and get the full juridical protection.
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Terms of use
Article 1. Contracting parties.
1. The Parties of this Public Offer (paid service agreement), hereinafter referred to as the “Agreement” or “Offer”, are, as follows:
1. The Parties of this Public Offer (paid service agreement), hereinafter referred to as the “Agreement” or “Offer”, are, as follows:
a) Executor is a person, who makes this Offer and who executes this Agreement in accordance with its terms and conditions: Solcity World Investment and Development; and
b) Customer is a person, who accepts this Offer and who is the author of any publication.
Article 2. Acceptance.
1. The Customer shall accept this Offer in case of and after the following activities:
a) fill in and send to the Executor an application in electronic format in the form established by this Agreement and posted on the Executor’s official website; and
b) provide the author’s abstract specifying what material was created by the author; and
c) provide a list of all key words (tags) that enable finding the location of the author’s abstract of the Customer on the Executor’s website; and
d) post (“upload”) the material itself on the Executor’s official website; and
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.
