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Revised Laws of Saint Lucia (2021)

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102. Effect of order of High Court as to licence

(1) Where the High Court has made an order under section 99 or 100 and the order remains in force, the person entitled to the benefit of the order shall if he or she—
1. (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
1. (b) complies with the other terms specified in the order,

be in the same position as regards infringement of copyright as if he or she 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—
1. (a) in the case of an order under section 99, if assignment is not prohibited under the terms of the Court's order; and
1. (b) in the case of an order under section 99, if assignment was not prohibited under the terms of the original licence.

(3) The Court may direct that an order under section 99 or 100, or an order under section 101 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.

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

102. Effect of order of High Court as to licence

2. Interpretation

3. Act binding on the Crown

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

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

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

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

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

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.

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

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

156. Copyright subsists only under Act

157. Enforcement of copyright subject to public interest

Copyright (Importation Restriction) Regulations – Section 153

20. Application of provisions to joint works

36. Order for delivery up in civil proceedings

42. Infringement by possession of infringing article

137. Recording of broadcasts and cable programmes by educational establishments

146. Period after which remedy of delivery up not available

158. Transitional