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 | Copyright in unpublished works passes |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
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]