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COPYRIGHT ACT
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PART 6 EXCEPTIONS TO INFRINGEMENTS OF COPYRIGHT
2023 Laws not yet authenticated through a Commencement Order
Revised Laws of Saint Lucia (2023)
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PART 6
EXCEPTIONS TO INFRINGEMENTS OF COPYRIGHT
Preliminary
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PART 6 EXCEPTIONS TO INFRINGEMENTS OF COPYRIGHT
1. Short Title
2. Interpretation
3. Act binding on the Crown
4. Publication
5. Lawful reception of encrypted broadcasts
6. Categories of protected works
7. Qualification for copyright protection
8. Nature of Copyright
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
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
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 Copyright in unpublished works passes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
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
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
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
45. Remedies for infringing moral rights
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
51. Penalties in respect of dealings which infringe copyright
52. Presumptions not to apply
53. Order to deliver up in criminal proceedings
54. Definitions
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
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
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
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
77. Transfer of works in electronic form
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
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
87. Power of Minister to prescribe exceptions to infringement
88. Jurisdiction of High Court
89. Procedure in proceedings before High Court
90. Licensing schemes and licensing bodies
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
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
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
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
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
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
125. Duration of rights in performances
126. Transmission of rights in performances
127. Consent
128. Infringement actionable as breach of statutory duty
129. Order for delivery up of illicit recording in court
130. Rights to seize illicit recordings
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
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
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
154. International organisations
155. Savings
156. Copyright subsists only under Act
157. Enforcement of copyright subject to public interest
158. Transitional
Copyright (Importation Restriction) Regulations – Section 153
ACT
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
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
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
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
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
45. Remedies for infringing moral rights
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
51. Penalties in respect of dealings which infringe copyright
52. Presumptions not to apply
53. Order to deliver up in criminal proceedings
54. Definitions
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
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
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
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
77. Transfer of works in electronic form
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
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
87. Power of Minister to prescribe exceptions to infringement
PART 7 COPYRIGHT LICENSING
88. Jurisdiction of High Court
89. Procedure in proceedings before High Court
90. Licensing schemes and licensing bodies
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
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
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
119. Consent and royalty required for adaptation of recording
121. Performers Moral 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
125. Duration of rights in performances
126. Transmission of rights in performances
127. Consent
128. Infringement actionable as breach of statutory duty
129. Order for delivery up of illicit recording in court
130. Rights to seize illicit recordings
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
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
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
SUBSIDIARY LEGISLATION
Copyright (Importation Restriction) Regulations – Section 153 (Statutory Instrument 113/2000)
1. Citation
2. Interpretation
3. Notice
4. Declaration
5. Fee
6. Evidence
7. Security
8. Indemnity
9. Change
10. Withdrawal
Schedule
PART 1
PART 2
PART 3
PART 4
Copyright (International Organisations) Order – Section 153 (Statutory Instrument 112/2000)
1. Citation
2. Application to International Organisations