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158.   Transitional

Revised Laws of Saint Lucia (2023)

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158.   Transitional

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    (1)   Where immediately prior to the appointed day copyright subsists in Saint Lucia in any literary, dramatic, musical or artistic work by virtue of the Copyright Act 1956 of the United Kingdom, such copyright shall continue to subsist and the person entitled thereto by virtue of this Act shall be the owner thereof under and subject to this Act, and in particular—

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      (a)     the duration of such copyright;

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      (b)     the acts comprised within the exclusive rights attaching to such copyright; and

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      (c)     the effect upon the ownership of such copyright of any event or transaction occurring or of any contract or agreement made after the appointed day,

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    shall be governed by this Act.

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    (2)   Where before the appointed day any person has incurred any expenditure or liability in connection with or in contemplation of the doing of an act in relation to a protected work or to a performance in respect of which rights are conferred by this Act, being an act which prior to that date would have been lawful, nothing in this Act shall diminish or prejudice any rights or interests which, in relation to that work or performance, are subsisting and valuable on the appointed day, unless the person who, by virtue of this Act, is the owner of the copyright or the person having rights in the performance, agrees to pay such compensation as, in default of agreement, may be fixed by the High Court.

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    (3)   Where an act done before the appointed day was then an infringement of copyright but is not an infringement of copyright or rights in a performance under this Act, then, proceedings in respect of that act may be taken as if this Act had not been passed.

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    (4)   An act done before the appointed day shall not be an infringement of copyright or rights in a performance conferred by this Act if that act would not, but for the passing of this Act, have constituted an infringement.

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    (5)   Proceedings for infringement of copyright instituted but not disposed of before the appointed day shall be disposed of as if this Act had not been passed.

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    (6)   Proceedings under this Act for infringement may be taken despite the alleged infringement occurred before the appointed day.

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    (7)   In this section “appointed day” means the day appointed by the Minister under section 1.

CHAPTER 13.07
COPYRIGHT ACT

SUBSIDIARY LEGISLATION

List of Subsidiary Legislation

1.Copyright (Importation Restriction) Regulations – Section 153
2.Copyright (International Organisations) Order – Section 153

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