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14.   Right to be identified as author, etc

Revised Laws of Saint Lucia (2021)

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14.   Right to be identified as author, etc

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    (1)   Subject to the provisions in this Part, and in particular to section 23, the author of a literary, dramatic, musical or an artistic work that is a protected work and the director of a film that is a protected work 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.

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    (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—

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      (a)     the work or an adaptation thereof is published commercially, performed in public, broadcast or included in a cable programme service; or

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      (b)     copies of a film or sound recording including the work or an adaptation thereof are issued to the public.

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    (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 such whenever—

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      (a)     the work or an adaptation thereof is published commercially;

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      (b)     copies of a sound recording of the work or an adaptation thereof are issued to the public; or

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      (c)     a film, the sound track of which includes the work, is shown in public or copies of such film are issued to the public.

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    (4)   The author of an artistic work has the right to be identified as such whenever—

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      (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;

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      (b)     a film including a visual image of the work is shown in public or copies of such a film are issued to the public; or

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      (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.

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    (5)   In addition to the right specified in subsection (4)(c), 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.

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    (6)   The director of a film has the right to be identified as such 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.

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    (7)   The right of an author or director under this section is—

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      (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 or her identity to the notice of a person acquiring a copy;

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      (b)     in the case of identification on a building, to be identified by appropriate means visible to persons entering or approaching the building; and

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      (c)     in any other case, to be identified in a manner likely to bring his or her identity to the attention of a person seeing or hearing the performance, exhibition, film, broadcast or cable programme in question,

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    and the identification must, in each case, be clear and reasonably prominent.

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