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INTELECTUAL PROPERTY RIGHTS

NATIONAL LEGISLATION - BARBADOS

Copyright and Related Rights Laws and Treaties
Copyright Act, 1998


(This text replaces the one previously published in Copyright, 1983, pp. 55-61 and 83-91.)

Copyright and Neighboring Rights

(No. 4 of 1998)


INDEX

Citation
Short title
Interpretation
Definitions
Publication
Encrypted broadcast
PART I: COPYRIGHT
Protected Works
Requirements for protection
Eligible works
Qualification for protection: author
Qualifications for protection
Economic and moral rights
Duration of Copyright
Duration of literary work, etc.
Duration: sound recordings and films
Duration of copyright in broadcasts and cable programmes
Duration: typographical arrangement of editions
PART II: MORAL RIGHTS AND RELATED RIGHTS
Identification with Work
Right to be identified as author, etc.
Objection to Treatment of Work
Right to object to derogatory treatment of work
Related Rights
False attribution of work
Right to privacy of photographs and films
Duration: moral, etc., rights
Consent and waiver of rights
Application to joint works
Application of provisions to parts of work
PART III: OWNERSHIP AND ASSIGNMENT OF RIGHTS
Ownership of Copyright
Ownership of copyright including copyright in folklore by the Crown
Assignment of Copyright
Assignment and licences
Prospective ownership of copyright
Exclusive licence
Copyright in unpublished manuscript passes under will
Moral rights, etc., not assignable
Transmission of moral rights, etc., on death
PART IV: INFRINGEMENT OF RIGHTS
General Provisions
Meaning of "action"
Provisions of Part subject to other provisions
Infringement of Copyright
Acts infringing copyright
Remedies of Copyright Owner
Action by owner of copyright
Delivery up: civil proceedings
Remedies of Exclusive Licensee
Infringement of rights of exclusive licensee
Infringement where rights concurrent
Infringement of Moral Rights and Related Rights
Infringement of right to be identified as author or director
Infringement of right to object to derogatory treatment of work
Infringement by possession of infringing article
Acts not infringing section 15
False attribution of work: infringement of right
Infringement of privacy right respecting photographs, etc.
Effect of consent and waiver of rights
Remedies for infringing moral rights, etc.
Presumptions
Presumptions where action relates to literary works, etc.
Presumptions where action relates to sound recordings, films, or computer programmes
Offences
Penalties in respect of dealings which infringe copyright
Order to deliver up
Supplementary
Application of provisions as to entry and search
Restricting importation of infringing copies
PART V: EXCEPTIONS TO INFRINGEMENT OF COPYRIGHT
Preliminary
Interpretation
General Exceptions
Research and private study
Criticism, review and reporting
Determining fair dealing
Incidental inclusion of protected work
Use of Work for Educational Purposes
Acts done for purposes of instruction or examination
Anthologies for educational use
Recording of broadcast, etc., by educational establishments
Restriction on reprographic copying by educational establishment
Subsequent dealings with authorised copies
Interpretation of references; regulations
Supply by librarian of copies of published work
Supply of copies to other libraries
Replacing copies of works
Copying of unpublished work
Exceptions Relating to Public Administration
Parliamentary and judicial proceedings and statutory inquiries
Public records
Designs
Design documents and models
Where design derived from artistic work is exploited
Exception Relating to Works in Electronic Form
Transfer of works in electronic form
Miscellaneous: Literary, Dramatic, Musical and Artistic Works
Anonymous and pseudonymous literary, etc., works
Record of spoken word
Reading or recitation in public
Representation of artistic works on public display
Reconstruction of buildings
Subsequent work by same artist
Miscellaneous: Sound recordings, Films and Computer Programmes
Rental of sound recording, computer programme and film
Licensed rental of sound recordings, etc.
Playing of sound recording for purposes of charitable organisations
Miscellaneous: Broadcasts and Cable Programmes
Incidental recording for purposes of broadcast or cable programme
Recording broadcasts for programme control
Recording for archival purposes
Reception and re-transmission of broadcast in cable programme service
Recording for purposes of time shifting
Adaptations
Adaptations
PART VI: COPYRIGHT LICENSING
Preliminary
Interpretation
Licensing schemes to which sections 87 to 92 apply
References and Applications Respecting Licensing Schemes
Reference of proposed licensing scheme
Reference of existing licensing scheme
Further reference of scheme
Application for grant of licence in connection with licensing scheme
Application for review of order as to entitlement to licence
Effect of order of Tribunal as to licensing scheme
Licenses to which sections 94 to 97 apply
Reference to Tribunal of proposed licence
Reference to Tribunal of expiring licence
Application for review of order as to licence
Effect of order of Tribunal
Supplementary Matters to be taken into account by Tribunal
Royalty payable for rental of sound recording, film, etc.
Ministerial order in relation to licensing scheme
PART VII: THE COPYRIGHT TRIBUNAL
Establishment of the Copyright Tribunal
Jurisdiction of Tribunal
Regulations respecting proceedings of Tribunal
Appeal on point of law
PART VIII: RIGHTS IN PERFORMANCE
Conferment of rights in performance
Performers' Rights
Consent required for recording or live transmission of performance
Infringement of performer's rights by use of recording made without consent
Consent and royalty required for adaptation of recording
Infringement of performer's rights by importing, possessing, etc., illicit recording
Remuneration
Person Having Recording Rights
Consent required for recording of performance subject to exclusive contract
Infringement of recording rights by use of recording made without consent
Infringement of recording rights by importing, possessing illicit recording
Exceptions to Infringement
Permitted acts in relation to performances
Fair dealing for criticism, etc.
Incidental inclusion of performance or recording
Acts done to recording or performance for purposes of instruction, etc.
Recording of broadcasts and cable programmes by educational establishments
Acts done to performance or recording for parliamentary proceedings, etc.
Transfer of recording of performance in electronic form
Use of recordings of spoken words
Playing sound recording as part of activities of charitable organisation, etc.
Incidental recording for purposes of broadcast or cable programme
Recordings for supervision and control of programmes
Recording of broadcast or cable programme for archival purposes
Tribunal may consent on behalf of performer
Duration and Transmission of Rights in Performances: Consent
Duration of rights in performance
Transmission of rights in performances
Consent
Remedies for Infringement of Rights in Performances
Infringement actionable as breach of statutory duty
Delivery up of illicit recording: civil proceedings
Offences
Making, dealing with or using illicit recordings
Order for delivery up of illicit recording: criminal proceedings
False representation of authority to give consent
PART IX: GENERAL
Order for disposal of infringing copy of illicit recording
Period after which remedy of delivery up not available
Time limited for prosecution
Powers of members of Police Force
Restrictions on entry and search
Obstruction of member of Police Force
Offences by bodies corporate
Reciprocity
Denial of copyright or rights in performances
International organisations
Territorial waters and exclusive economic zone
Act applies to Barbadian ships, aircraft
Crown bound
Regulations
Repeals
Equity
Transitional
Commencement

An Act to revise the law of copyright.

Citation

Short title

  1. This Act may be cited as the Copyright Act, 1998.

[ Return to the Index ]

Interpretation

Definitions

  1.  
  1. For the purposes of this Act,

"adaptation" means

  1. in relation to a literary or dramatic work
  1. a translation of the work which, in relation to a computer programme, includes a version of the programme in which it is converted into or out of a computer language or code or a different computer language or code otherwise than incidentally in the course of running the programme,
  2. a version of a dramatic work in which it is converted into a non-dramatic work or, as the case may be, of a non-dramatic work in which it is converted into a dramatic work,
  3. a version of the work in which the story or action is conveyed wholly or mainly by means of pictures in a form suitable for reproduction in a book or in a newspaper, magazine or similar periodical;
  1. in relation to a musical work, an arrangement or transcription of the work;

"article" in the context of an article in a periodical, includes an item of any description;

"artistic work" means

  1. a graphic work, photograph, sculpture or collage, whether the work is of artistic quality or not,
  2. a building or a model of a building, whether the building or model is of artistic quality or not, or
  3. any other work of artistic craftsmanship;

"author" in relation to a work, means the person who creates it, being in relation to

  1. a literary or dramatic work, the author of the work;
  2. a musical work, the composer of the music, and in relation to accompanying words, if any, the author of the accompanying words;
  3. an artistic work other than a photograph, the artist;
  4. a photograph, the photographer;
  5. a sound recording or film, the person by whom the arrangements necessary for the making of the recording or film are undertaken;
  6. the typographical arrangement of a published edition, the publisher;
  7. a broadcast within the meaning of section 4(2), the person making the broadcast and in the case of a broadcast by reception and immediate re-transmission, the person making that other broadcast;
  8. a cable programme, the person providing the cable programme service in which the programme is included;
  9. a computer-generated literary, dramatic, musical or artistic work, the person by whom the arrangements necessary for the creation of the work are undertaken;

"a broadcast" means a transmission by radio communication of visual images or sounds, or both for reception by the public by any means, including fibre, cable or satellite which

  1. having regard to section 4, is capable of being lawfully received by members of the public, or
  2. is transmitted for presentation to members of the public;

"to broadcast" means to transmit by radio communication visual images or sounds, or both, for reception by the public by any means, including fibre, cable or satellite which, notwithstanding that

  1. subsequent to the initial transmission, but before reception by the public, the images or sounds may be carried on a path provided by a material substance,
  2. the public receiving or capable of receiving the images or sounds is in a country other than that from which the original transmission took place,
  3. no member of the public actually received the images or sounds, provided only that members of the public could, if in possession of suitable apparatus, receive them;

and "broadcasting" and "re-broadcasting" have corresponding meanings;

"building" includes a fixed structure of any kind and a part of a building or fixed structure;

"business" includes a trade or profession;

"cable programme" means any item included in a cable programme service;

"cable programme service" means a service which consists wholly or mainly of sending visual images, sounds or other information by means of a telecommunications service, otherwise than by wireless telegraphy, for reception

  1. at two or more places, whether for simultaneous reception or at different times in response to requests by different users, or
  2. for presentation to members of the public,

and which is not, or to the extent that it is not, excepted by regulations made under this Act;

"collective work" means

  1. a work of joint authorship, or
  2. a work in which there are distinct contributions by different authors or in which works or parts of works of different authors are incorporated;

"computer-generated work" means a work generated by a computer in circumstances such that the work has no human author;

"computer programme" means a set of instructions, whether expressed in words or in schematic or other form, which is capable, when incorporated in a machine-readable medium, of causing an electronic or other device having information-processing capabilities to indicate, perform or achieve a particular function, task or result;

"copy" in relation to

  1. a work that is a literary, dramatic or musical work, means a reproduction of the work in any material form;
  2. an artistic work
    1. means a reproduction of the work in any material form, and
    2. includes a reproduction in three dimensions if the artistic work is a two-dimensional work and a reproduction in two dimensions if the artistic work is a three-dimensional work,
  3. a work that is a film, television broadcast or cable programme, includes a photograph of the whole or any substantial part of any image forming part of the film, broadcast or cable programme,
  4. a work that is a typographical arrangement of a published edition, means a facsimile copy of the arrangement, and
  5. any description of work, includes a copy of the work that is transient or incidental to some other use of the work;

"copyright" refers to copyright within the meaning of Part I;

"country" includes any territory;

"distribution" means distribution to the public, for commercial purposes of copies of a work by way of rental, lease, hire, loan or similar arrangement;

"dramatic work" includes a work of dance or mime;

"educational institution" has the meaning assigned to it by section 2 of the Education Act (Cap. 41);

"exclusive licence" means a licence in writing signed by or on behalf of the owner of copyright in a work authorising the licensee, to the exclusion of all other persons, including the person granting the licence, to exercise a right which would otherwise be exercisable exclusively by the owner of the copyright;

"exclusive recording contract" means a contract between a performer and another person under which that person is entitled, to the exclusion of all other persons, including the performer, to make recordings of one or more of his performances with a view to their being shown or played in public, sold, let for hire or otherwise commercially exploited;

"film" means a recording on any medium from which a moving image may by any means be produced;

"future copyright" means copyright which will or may come into existence in respect of any future work or class of works or on the occurrence of a future event, and "prospective owner" shall be construed accordingly and, in relation to any such copyright, includes a person prospectively entitled thereto by virtue of an agreement mentioned in section 24;

"graphic work" includes

  1. any painting, drawing, diagram, map, chart or plan, and
  2. any engraving, etching, lithograph, woodcut or similar work;

"illicit recording" in relation to a performance means a recording wherever made, the making of which constitutes an infringement of the rights conferred on the performer or a person having recording rights in relation to the performance pursuant to Part VIII, and which does not fall within any of the exceptions specified in or authorised pursuant to any provision of that Part;

"infringing copy" in relation to a protected work means

  1. any copy of the work, the making of which is not authorised under or by virtue of any provision of this Act;
  2. any copy of the work that is or is proposed to be imported into Barbados and its making in Barbados would have constituted an infringement of the copyright in the work in question or a breach of an exclusive licence relating to that work;

"literary work"

  1. means any work, other than a dramatic or musical work, which is written, spoken or sung, and
  2. includes
    1. a written table or compilation, and
    2. a computer programme;

"manuscript" in relation to a work, means the original document embodying the work whether written by hand or not;

"musical work" means a work consisting of music, exclusive of any words or action intended to be sung, spoken or performed with the music;

"performer" means any actor, singer, musician, dancer or other person who acts, sings, depicts, delivers, declaims, plays in or otherwise performs, a literary, dramatic, musical or artistic work; and references to the performer in the context of the person having performer's rights, shall be construed to include references to the person who, pursuant to any provision of this Act, is for the time being entitled to exercise those rights;

"performance" in relation to

  1. the rights conferred under Part VIII, means
    1. a dramatic performance which includes dance and mime,
    2. a musical performance,
    3. a reading or recitation of a literary work, or
    4. a performance of a variety act or any similar presentation,
  2. that is, or to the extent that it is, a live performance, given by one or more individuals, and
  3. a literary, dramatic or musical work includes
    1. delivery in the case of lectures, addresses, speeches and sermons,
    2. any mode of visual acoustic presentation, including presentation by means of sound recording, film, broadcast or cable programme of the work;

"person having recording rights" in relation to a performance means a person who

  1. is a party to, and has the benefit of, an exclusive recording contract to which the performance is subject or to whom the benefit of such a contract has been assigned, and
  2. is a qualified person, so, however, that, where a performance is subject to an exclusive recording contract but the person mentioned in paragraph (a) is not a qualified person, the expression shall be deemed to extend to any qualified person who is licensed by the person mentioned in paragraph (a) to make recordings of the performance with a view to their being shown or played in public, sold, let for hire or otherwise commercially exploited or to whom the benefit of such a licence has been assigned;

"photograph" means a recording of light or other radiation on any medium on which an image is produced or from which an image may by any means be produced, and which is not part of a film;

"place of public entertainment" includes any premises which are from time to time made available for hire to such persons as may desire to hire them for purposes of public entertainment, including premises that are occupied mainly for other purposes;

"prospective owner" has the meaning assigned to it in the definition of "future copyright";

"protected work" means a work in which copyright subsists by virtue of this Act;

"publication" and "commercial publication" have the meaning assigned to those expressions, respectively by section 3;

"published edition" in relation to copyright in the typographical arrangement of a published edition, means the published edition of the whole or any part of one or more literary, dramatic, musical or artistic works;

"qualified person" means,

  1. in the case of an individual, a person who is a citizen of, or whose habitual residence is in, Barbados or a specified country, and
  2. in the case of a body corporate, a body incorporated or established under any enactment in force in Barbados or a specified country;

"qualifying performance" means a performance that

  1. is given by an individual who is a qualified person, or
  2. takes place in Barbados or a specified country;

"record" means any disk, tape, perforated roll or other device in which sounds are embodied so as to be capable of being reproduced therefrom, other than a sound track associated with a film, but includes, in relation to a performance, a film incorporating the performance;

"recording" in relation to a performance means a film or sound recording

  1. made directly from the live performance,
  2. made from a broadcast of, or cable programme including, the performance, or
  3. made directly or indirectly from another recording of the performance;

"rental" means any arrangement under which a copy of a work is made available

  1. for payment in money or money's worth, or
  2. in the course of a business, as part of services or amenities for which payment is made, on terms that it will or may be returned;

"reprographic process"

  1. means a process
    1. for making facsimile copies, or
    2. involving the use of an appliance for making multiple copies, and
  2. in relation to a work held in electronic form,
    1. includes any copying by electronic means, but
    2. does not include the making of a film or sound recording;

"sculpture" includes a cast or model made for purposes of sculpture;

"sound recording" means

  1. a recording of sounds from which sounds may be reproduced, or
  2. a recording of the whole or any part of a literary, dramatic or musical work from which sounds reproducing the work or part thereof may be produced,

regardless of the medium on which the recording is made or the method by which the sounds are reproduced or produced;

"specified country" means a country specified by the Minister by order made under section 142;

"telecommunication service" means a system for conveying visual images, sounds or other information by electronic means;

"Tribunal" means the Copyright Tribunal established under section 101;

"typeface" includes an ornamental motif used in printing;

"unauthorised" when used to describe any act done in relation to a work, means

  1. if copyright subsists in the work, any act done otherwise than by or with the licence of the owner of the copyright,
  2. if copyright does not subsist in the work, any act done otherwise than by or with the licence of the author or person lawfully claiming under him;

"wireless telegraphy" means the sending of electromagnetic energy over paths not provided by a material substance constructed or arranged for that purpose;

"work" means

  1. a literary, dramatic, musical or artistic work,
  2. a sound recording, film, broadcast or cable programme,
  3. the typographical arrangement of a published edition;

"work of joint authorship" means a work produced by the collaboration of two or more authors in which the contribution of each author is not separate from the contribution of the other author or authors;

"writing" includes any form of notation, whether by hand or by printing, typewriting or any other process and regardless of the method by which or the medium in or on which it is recorded, and "written" shall be construed accordingly.

  1. References in this Act to the time at which, or the period during which, a work was made are references to the time or period at or during which it was first written down, recorded or expressed in some other material form.
  2. A reference in this Act
    1. to the inclusion of a cable programme or work in a cable programme service is a reference to its transmission as part of the service;
    2. to the person including a cable programme or work in a cable programme service, is a reference to the person providing the service; and
    3. a reference to the copying of a work of any description shall be construed to include a reference to storing the work in any medium by electronic means.
  3. In determining the person vested with author's rights in respect of a literary, dramatic, musical or artistic work the following principles apply:
    1. if one individual was the author of the work, the rights vest in that individual;
    2. if two or more individuals were the authors of the work, the rights vest in them jointly; and
    3. if there is no evidence to the contrary, the author of a work is the individual whose name is indicated on the work as its author.
  4. For the purposes of this Act, a public performance is a performance given in a theatre, cinema, concert hall, dancehall, club of any kind, bar, stadium, restaurant, hotel, commercial, banking or other industrial establishment or any other public place where musical works are performed or transmitted by radio or television, either with the participation of performers or by mechanical, electronic, sound or audiovisual processes.

 

Continuation: Publication