2023 Laws not yet authenticated through a Commencement Order

Revised Laws of Saint Lucia (2023)

ACT

(Acts 10 of 1995 and 7 of 2000)

Act 10 of 1995 .. in force 1 October 1996 (S.I. 54/1996)

Amended by Act 7 of 2000 .. in force 1 May 2000 (S.I. 88/2000)

ARRANGEMENT OF SECTIONS

PART 1
PRELIMINARY

1.Short title
2.Interpretation
3.Act binding on the Crown
4.Publication
5.Lawful reception of encrypted broadcasts

PART 2
COPYRIGHT

6.Categories of protected works
7.Qualification for copyright protection
8.Nature of copyright

Duration of Copyright Protection

9.Duration of copyright in literary works, etc
10.Duration of copyright in sound recording and films
11.Duration of copyright in broadcasts and cable programmes
12.Duration of copyright in typographical arrangements of editions

PART 3
MORAL RIGHTS AND RELATED RIGHTS

13.Moral rights
14.Right to be identified as author, etc
15.Right to object to derogatory treatment of work
16.False attribution of work
17.Right to privacy-commissioned photographs and films
18.Duration of moral rights and related rights
19.Consent and waiver of rights
20.Application of provisions to joint works
21.Application of provisions to part of work
22.Meaning of commercial publication
23.Regulations

PART 4
OWNERSHIP AND ASSIGNMENT

24.Ownership of copyright
25.Assignments and licences
26.Meaning of copyright owner
27.Prospective owner of copyright
28.Copyright in unpublished works passes
29.Moral rights not assignable
30.Transmission of moral rights on death

PART 5
INFRINGEMENTS

Economic Rights

31.Action—definition of
32.Infringement
33.Proprietor of place of public entertainment liable for infringement
34.Infringement by providing apparatus etc. for giving infringing performances

Remedies for Infringement of Economic Rights

35.Action by owner of copyright for infringement
36.Order for delivery up in civil proceedings
37.Right to seize infringing copies, etc
38.Wide injunction available to licensing bodies
39.Proceedings in case of copyright subject to exclusive licence

Moral and related rights

40.Infringement of right to be identified as author or director
41.Infringement of right to object to derogatory treatment of work
42.Infringement by possession of infringing article
43.False attributes of work, infringement
44.Infringement of privacy right respecting photographs, etc

Remedies for Infringement of Moral Rights and Related Rights

45.Remedies for infringing moral rights

Presumptions

46.Presumptions as to subsistence and ownership of copyright
47.Presumption in relation to – authorship of protected works, ownership, originality and publication
48.Presumptions where action relates to sound recordings, films and computer programmes
49.Withdrawal of privilege against incrimination of self or spouse in infringement and related proceedings
50.Provision for restricting importation of infringing copies

Offences

51.Penalties in respect of dealings which infringe copyright
52.Presumptions not to apply
53.Order to deliver up in criminal proceedings

PART 6
EXCEPTIONS TO INFRINGEMENTS OF COPYRIGHT

Preliminary

54.Definitions

General Exceptions

55.Research and private study
56.Criticism, review and reporting
57.Determining fair dealing
58.Incidental inclusion of protected work
59.Anonymous and pseudonymous literary works
60.Use of notes of recordings of spoken words

Use of Work for Educational Purposes

61.Acts done for purposes of instruction or examination
62.Anthologies
63.Performing, playing or showing works in course of educational activities
64.Recording of etc. educational establishments
65.Restriction on reprographic copying from published works
66.Subsequent dealing with authorised copies

Exceptions affecting Libraries and Archives

67.Interpretation of references, regulations
68.Supply by librarian of copies of published work
69.Supply of copies to other libraries
70.Replacing copies of works
71.Copying of unpublished work

Exceptions Relating to Public Administration

72.Recording for archival purposes
73.Parliamentary and judicial proceedings and statutory inquiries
74.Public records
75.Design documents and models
76.Where design derived from artistic work is exploited

Exception Relating to Works in Electronic Form

77.Transfer of works in electronic form

Miscellaneous Exceptions relating to Literary, Dramatic, Musical and Artistic Works

78.Statutory licences: recordings for broadcasting
79.Reading or recitation in public
80.Representation of artistic works on public display
81.Reconstruction of buildings
82.Subsequent work by same artist

Miscellaneous Exceptions Respecting Broadcasts

83.Recording broadcasts for programme supervision
84.Recording for purposes of time shifting
85.Provision of subtitled copies of broadcast or cable programme
86.Adaptations

Prescribed Exceptions

87.Power of Minister to prescribe exceptions to infringement

PART 7
COPYRIGHT LICENSING

Licensing schemes and licensing bodies

88.Jurisdiction of High Court
89.Procedure in proceedings before High Court
90.Licensing schemes and licensing bodies

References and applications with respect to licensing schemes

91.Licensing schemes to which sections 92 to 97 apply
92.Reference of proposed licensing scheme to High Court
93.Reference of licensing scheme to High Court
94.Further reference to High Court
95.Application for grant of licence in connection with licensing scheme
96.Application for review of order as to entitlement to licence
97.Effect of order of Court as to licensing scheme

References and application with respect to individual licensing by licensing bodies

98.Licences to which sections 99 to 102 apply
99.Reference to High Court of proposed licence
100.Reference to High Court of expiring licence
101.Application for review of order as to licence
102.Effect of order of High Court as to licence

Factors to be taken into account in certain classes of case

103.General consideration: unreasonable discrimination
104.Licences for reprographic copying
105.Licences for educational establishments in respect of works included in broadcasts or cable programmes
106.Licences to reflect conditions imposed by promoters events
107.Licences to reflect payments in respect of underlying rights
108.Mention of the specific matters not to exclude relevant considerations

PART 8
COLLECTIVE SOCIETIES

109.Collective societies to be registered
110.Administration of rights by collective society
111.Control over the copyright society by the owner of rights
112.Submission of returns and reports
113.Rights and liabilities of performing rights societies
114.Rules and bye-laws of societies

PART 9
RIGHTS IN PERFORMANCES

115.Conferment of rights in performance
116.Protection of rights in performance
117.Consent required for recording or live transmission of performance
118.Infringement of performer's rights by use of recording made without consent
119.Consent and royalty required for adaptation of recording
120.Infringement of performer's rights by importing, possessing, illicit recording
121.Performers moral rights

Rights of Person having Recording Rights

122.Consent required of performance subject to exclusive contract
123.Infringement of recording rights by use of recording made without consent
124.Infringement of recording rights by importing, possessing illicit recording

Duration and Transmission of Rights in Performances; Consent

125.Duration of rights in performances
126.Transmission of rights in performances
127.Consent

Remedies for Infringement of Rights in Performances

128.Infringement actionable as breach of statutory duty
129.Order for delivery up of illicit recording in court
130.Rights to seize illicit recordings

Offences in Relation to Performances

131.Criminal liability for making dealing with or using illicit recordings
132.Order for delivery up of illicit recording in criminal proceedings
133.False representation of authority to give consent

Exceptions to Infringement of Rights Conferred under this Part

134.Fair dealing for criticism, etc
135.Incidental inclusion of performance or recording
136.Acts done to recording of performance for purposes of instruction, etc
137.Recording of broadcasts and cable programmes by educational establishments
138.Acts done to performance or recording for Parliamentary etc
139.Transfer of recording of performance in electronic form
140.Use of recordings of spoken works
141.Incidental recording for purposes of broadcast or cable programme
142.Recordings for supervision and control of programmes permitted
143.Order excepting acts from infringing rights under this Part
144.Court may consent on behalf of performer

PART 10
GENERAL

Supplementary provisions

145.Order for disposal of infringing copy or illicit recording
146.Period after which remedy of delivery up not available
147.General civil remedies
148.Time limited for prosecution
149.Powers of police officers
150.Restrictions on the entry and search of domestic premises
151.Obstruction of police officers
152.Offences by bodies corporate
153.Power to make regulations

PART 11
INTERNATIONAL RELATIONS

154.International organisations

PART 12
SAVINGS, TRANSITION

155.Savings
156.Copyright subsists only under Act
157.Enforcement of copyright subject to public interest
158.Transitional

AN ACT to make a comprehensive copyright law for Saint Lucia; to afford better protection for literary, dramatic, musical, artistic and other works and creative products; to make provision as to the rights of performers and others in performances; and to provide for connected matters.

Commencement [1 October 1996]