Revised Laws of Saint Lucia (2021)

43.   False attributes of work, infringement

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    (1)   Subject to the provisions of this section, the right conferred on a person by section 16 not to have a literary, dramatic, musical or artistic work falsely attributed to him or her as its author or a film falsely attributed to him or her as its director, is infringed by any person who—

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      (a)     issues to the public copies of a work of any of those descriptions in or on which there is a false attribution;

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      (b)     exhibits in public an artistic work or a copy of an artistic work in or on which there is a false attribution.

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    (2)   The right is also infringed by a person who—

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      (a)     in the case of a literary, dramatic or musical work, performs the work in public, broadcasts it or includes it in a cable programme service as being the work of a person; or

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      (b)     in the case of a film, shows it in public, broadcasts it or includes it in a cable programme service as being directed by a person,

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    knowing or having reason to believe that the attribution is false.

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    (3)   The right is also infringed by any person who issues to the public or displays in public any material containing a false attribution in connection with any act referred to in subsection (1) or (2).

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    (4)   The right is also infringed by a person who, in the course of a business—

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      (a)     possesses or deals with a copy of a work referred to in subsection (1) in or on which there is a false attribution; or

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      (b)     in the case of an artistic work, possesses or deals with the work itself when there is a false attribution in or on it,

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    knowing or having reason to believe that there is an attribution and that it is false.

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    (5)   In the case of an artistic work, the right is also infringed by a person who in the course of a business—

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      (a)     deals with a work which has been altered after the author parted with possession of it as being the unaltered work of the author; or

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      (b)     deals with a copy of such a work as being a copy of the unaltered work of the author,

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    knowing or having reason to believe that such is not the case.

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    (6)   In this section—

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      (a)     “attribution” in relation to a work means a statement (express or implied) as to who is the author or director;

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      (b)     references to dealing are to selling or letting for hire, offering or exposing for sale or hire, exhibiting in public or distributing.

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    (7)   This section applies where, contrary to the fact—

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      (a)     a literary, dramatic or musical work is falsely represented as being an adaptation of the work of a person; or

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      (b)     a copy of an artistic work is falsely represented as being a copy made by the author of the artistic work,

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    as it applies where the work is falsely attributed to a person as author.