(1) A literary, dramatic, musical or artistic work or, subject to subsection (2), a typographical arrangement of a published edition, qualifies for copyright protection if—
(a) the author thereof was a qualified person at the time at which the work was made or, if the making of the work extended over a period, was a qualified person for a substantial part of that period;
(b) in the case of a published work—
(i) if, having regard to section 4, the first publication took place in Saint Lucia or in a specified country,
(ii) if the author was a qualified person at the time at which the work was first published,
(iii) if the author had died before publication but was a qualified person immediately before his or her death; or
(c) in the case of an artistic work which is a building or is incorporated in a building, if the building is erected in Saint Lucia or in a specified country.
(2) Copyright shall not subsist in the typographical arrangement of a published edition if, or to the extent that, it reproduces the typographical arrangement of a previous edition.
(3) A sound recording or film qualifies for copyright protection if—
(a) the maker thereof was a qualified person for the whole or a substantial part of the period during which the sound recording or film was made; or
(b) having regard to section 4, if the sound recording or film has been published and the first publication took place in Saint Lucia or in a specified country.
(4) Copyright does not subsist in a sound recording or film which is, or to the extent that it is, a copy taken from a previous sound recording or film.
(5) (a) A broadcast qualifies for copyright protection if it is made in Saint Lucia or in a specified country in accordance with any law in force regulating the making of broadcasts.
(b) Copyright does not subsist in a broadcast which infringes, or to the extent that it infringes, the copyright in another broadcast or in a cable programme.
(6) A cable programme qualifies for copyright protection if it is sent from a place in Saint Lucia or in a specified country in accordance with any law in force regulating transmission by cable, so, however, that copyright shall not subsist in any cable programme—
(a) if it is included in a cable programme service by reception and immediate re-transmission of a broadcast; or
(b) if it infringes, or to the extent that it infringes, the copyright in another cable programme or in a broadcast.
(7) In relation to a work of joint ownership, the references in subsection (1) to author shall be construed as references to any one of the authors.
(8) If the qualification requirements of this section are once satisfied in respect of a work, copyright does not cease to exist by reason of any subsequent event.
(9) The provisions of this Act shall also apply to works that are eligible for protection in Saint Lucia by virtue of and in accordance with any international convention or other international agreement to which Saint Lucia is party.
(Inserted by Act 7 of 2000)