Revised Laws of Saint Lucia (2021)

78.   Statutory licences: recordings for broadcasting

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    (1)   Where by virtue of an assignment or licence a person is authorised to broadcast or include in a cable programme service, a literary, dramatic, musical or artistic work or a film or sound recording from a place in Saint Lucia but (apart from this subsection) would not be entitled to make copies of it, then, subject to the conditions specified in subsection (2), the authority contained in the assignment or licence shall be deemed to extend to making one copy only for the purposes, and subject to the conditions, in subsection (2).

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    (2)   Subsection (1) shall apply only if the following conditions are satisfied—

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      (a)     the copy shall not be used for making any further copies or for any other purpose except either for broadcasting or inclusion in a cable programme service in accordance with the assignment or licence, or for archival purposes; and

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      (b)     the copy (unless kept for archival purposes) shall be destroyed before the end of the period of (90 days) beginning with the day on which it is first used for broadcasting or included in a cable programme service under the assignment or licence, or such extended period (if any) as may be agreed between the person who made the copy and the person who (in relation to the making of copies of the description in question) is the owner of the copyright.

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    (3)   A copy made in accordance with section 90 shall be treated as an infringing copy—

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      (a)     for the purposes of any use in breach of condition (a); and

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      (b)     for all purposes after that condition or condition (b) has been broken.

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    (4)   Where records of a literary, dramatic or musical work have, with the licence of the owner of the copyright in the work, been previously made in Saint Lucia or imported into Saint Lucia, for the purposes of retail sale, then, any person may after the expiry of the period of 4 months immediately following upon the date of the first authorised manufacture in, or importation into, Saint Lucia of such records, and without first obtaining a licence from the owner of the copyright in the work, make or authorise the making of records of it provided that—

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      (a)     the person intends to sell the records by retail, or to supply them for the purpose of being sold by retail by another person, or intends to use them for making other records which are to be so sold or supplied;

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      (b)     the person pays royalties calculated at the prescribed rates;

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      (c)     complies with such conditions relating to notice, method and time of payment, administration of royalties paid and other matters, as may be prescribed; and

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      (d)     the person who makes or authorises the making of records under this subsection shall not make or authorise the making of any alterations in, or omissions from the work, unless records of that work containing similar alterations and omissions have been previously made by, or with the licence of, the owner of the copyright or unless such alterations and omission are reasonably necessary for the adaptation of the work to the record in question.

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    (5)   Where a literary, dramatic, musical or artistic work or film or sound recording is broadcast from a place within Saint Lucia or another country with the licence of the copyright owner, any person may, without obtaining the licence of the copyright owner incorporate (by means of the reception of the broadcast) the work in a cable programme service if—

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      (a)     the transmission by the cable service takes place simultaneously with the reception of the broadcast;

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      (b)     the programme in which the literary, dramatic, musical or artistic work or film or sound recording is incorporated, is transmitted without any alteration of any kind; and

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      (c)     the copyright owner is entitled to receive from the person providing the cable programme service, equitable remuneration in respect of the transmission, to be fixed in default of agreement, by the High Court,

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    and for the purposes of this subsection, an alteration to a programme includes the addition thereto of new material not contained in the programme as broadcast, or the omission from the transmission of any material contained in the programme as broadcast; and the term “material” includes a commercial advertisement.