What's New?
 - Sitemap - Calendar
Trade Agreements - FTAA Process - Trade Issues 

español - français - português
Search

INTELECTUAL PROPERTY RIGHTS

NATIONAL LEGISLATION - BARBADOS

Copyright and Related Rights Laws and Treaties
Copyright Act, 1998


PART III : OWNERSHIP AND ASSIGNMENT OF RIGHTS

Ownership of Copyright

Ownership of copyright including copyright in folklore by the Crown

  1.  
  1. Subject to this section, the author of a protected work is the first owner of any copyright in that work unless there is an agreement to the contrary.
  2. Where a protected work is the work of an employee made during the course of his employment, his employer is the first owner of any copyright in the work.
  3. Where a protected work is made under a contract for services, the person who commissioned the work is the first owner of any copyright in the work.
  4. Where a protected work is a work of joint authorship the authors thereof shall be co-owners of the copyright in that work.
  5. In respect of folklore, that is to say, all literary and artistic works that
    1. constitute a basic element of the traditional and cultural heritage of Barbados;
    2. were created in Barbados by various groups of the community; and
    3. survive from generation to generation,
  6. the rights of the author vest in the Crown to the same extent as if the Crown had been the original creator of the folklore.
  7. The rights of the Crown in respect of folklore are enforceable at the instance of the Attorney-General.
  8. Subsection (1) does not apply to copyright subsisting in a work pursuant to section 144.

[ Return to the Index ]

Assignment of Copyright

Assignment and licences

  1.  
  1. Subject to the provisions of this section, copyright in a work may be transferred as personal or moveable property by
    1. assignment;
    2. testamentary disposition; or
    3. operation of law,
  2. and a transfer pursuant to this section by way of assignment shall not be effective unless it is in writing and signed by or on behalf of the assignor.
  3. An assignment or other transfer of copyright may be partial, that is to say, limited
    1. to one or more, but not all, of the things the owner of the copyright has the exclusive right to do;
    2. to part, but not the whole, of the period for which copyright subsists.
  4. A licence granted by the owner of copyright in a work shall be binding on every successor in title to his interests in copyright except a purchaser in good faith for valuable consideration and without notice (actual or constructive) of the licence or a person deriving title from such a purchaser; and references in this Act to doing anything with or without the licence of the owner of the copyright shall be construed accordingly.

[ Return to the Index ]

Prospective ownership of copyright

  1.  
  1. Where by an agreement made in relation to future copyright and signed by or on behalf of the prospective owner of the copyright, the prospective owner purports to assign the future copyright (wholly or partially) to another person, then, if on the coming into existence of the copyright the assignee or another person claiming under him would be entitled as against all other persons to require the copyright to be vested in him, the copyright shall vest in the assignee or his successor in title by virtue of this subsection.
  2. A licence granted by a prospective owner of copyright is binding on every successor in title to his interests or prospective interests in the right, except a purchaser in good faith for valuable consideration and without notice (actual or constructive) of the licence or a person deriving title from such a purchaser; and references in this Act to doing anything with or without the licence of the copyright owner shall be construed accordingly.

[ Return to the Index ]

Exclusive licence

  1. The licensee under an exclusive licence has the same rights against a successor in title who is bound by the licence as he has against the person granting the licence.

[ Return to the Index ]

Copyright in unpublished manuscript passes under will

  1. Where under a bequest, whether specific or general, a person entitled, beneficially or otherwise, to
    1. an original document or other material thing that records or embodies a literary, dramatic, musical or artistic work that was not published before the death of the testator; or
    2. an original material thing containing a sound recording or film that was not published before the death of the testator,
  2. then, unless a contrary intention appears in the testator's will or a codicil thereto, the bequest shall be construed as including the copyright in the work in so far as the testator was the owner of the copyright immediately before his death.

[ Return to the Index ]

Moral rights, etc., not assignable

  1. The rights conferred under Part II are not assignable.

[ Return to the Index ]

Transmission of moral rights, etc., on death

  1.  
  1. The rights conferred by sections 14, 15 and 17 are not assignable otherwise than by succession.
  2. Where copyright forming part of a person's estate passes in part to one person and in part to another, any part that passes with the copyright by virtue of subsection (1) is correspondingly divided.
  3. Where by virtue of subsection (1) a right becomes exercisable by more than one person, then
    1. where the right is conferred by section 15 or 17, it is a right exercisable by each of them and is satisfied in relation to any of them if he consents thereto; and
    2. any waiver of the right in accordance with section 19 by one of them does not affect the rights of the others.
  4. A consent or waiver previously given binds any person to whom a right passes by virtue of subsection (1).
  5. Any infringement after a person's death of the right conferred by section 16 is actionable by his personal representatives.
  6. Any damages recovered by personal representatives by virtue of this section in respect of any infringement after a person's death devolve as part of his estate as if the right of action had subsisted and been vested in him immediately before his death.

[ Return to the Index ]

PART IV : INFRINGEMENT OF RIGHTS

General Provisions

Meaning of "action"

  1.  
  1. In this Part, "action" includes a counterclaim and references to the plaintiff and to the defendant in an action shall be construed accordingly.

[ Return to the Index ]

Provisions of Part subject to other provisions

  1. This Part has effect subject to the provisions of this Act with respect to
    1. authorising the doing of specified acts in relation to a protected work; or
    2. providing for the licensing of a protected work.

[ Return to the Index ]

Infringement of Copyright

Acts infringing copyright

  1.  
    1. Copyright in a work is infringed by any person who, without the licence of the copyright owner, does, in relation to that work, any of the acts which the copyright owner has the exclusive right to do pursuant to section 9.
    2. Copyright in a work is infringed by a person who, without the licence of the copyright owner, imports into Barbados for any purpose other than for his private and domestic use, an article which he knows or has reason to believe is an infringing copy of the work.
    3. Copyright in a work is infringed by a person who, without the licence of the copyright owner
      1. possesses in the course of a business;
      2. sells or lets for hire or offers or exposes for sale or hire;
      3. exhibits in public or distributes in the course of a business; or
      4. distributes otherwise than in the course of a business, to such an extent as to affect prejudicially the owner of the copyright,
      an article that is, and that he knows or has reason to believe is, an infringing copy of the work.
    4. Copyright in a work is infringed by a person who, without the licence of the copyright owner
      1. makes;
      2. imports into Barbados;
      3. possesses in the course of a business; or
      4. sells or lets for hire or offers for sale or hire,
    5. an article specifically designed or adapted for making copies of that work, knowing or having reason to believe that it is used to make infringing copies.
    6. Copyright in a work is infringed by a person who, without the licence of the copyright owner, transmits the work by means of a telecommunications system (otherwise than by broadcasting or inclusion in a cable programme service) knowing or having reason to believe that infringing copies of the work will be made by means of the reception of the transmission in Barbados or elsewhere.
    7. Where the copyright in a literary, dramatic or musical work is infringed by a performance at a place of public entertainment, any person who gave permission for that place to be used for the performance is also guilty of the infringement unless when he gave permission he believed on reasonable grounds that the performance would not infringe copyright.
    8. Where copyright in a work is infringed by a public performance of the work or by the playing or showing of the work in public by means of apparatus for playing sound recordings or showing films or making copies of photographs or receiving visual images or sounds conveyed by electronic means, the persons specified in subsection (8) are also guilty of the infringement.
    9. The persons referred to in subsection (7) are
      1. a person who supplied the apparatus or any substantial part of it, if when he supplied the apparatus or part
        1. he knew or had reason to believe that the apparatus was likely to be so used to infringe copyright; or
        2. in the case of apparatus whose normal use involves a public performance, playing or showing, he did not believe on reasonable grounds that it would not be used to infringe copyright;
      2. an occupier of premises who gave permission for the apparatus to be brought onto the premises if when he gave permission he knew or had reason to believe that the apparatus was likely to be used to infringe copyright; and
      3. a person who supplied a copy of a sound recording or film used to infringe copyright, if when he supplied it he knew or had reason to believe that what he supplied or a copy made directly or indirectly from it, was likely to be used to infringe copyright.

[ Return to the Index ]

Remedies of Copyright Owner

Action by owner of copyright

  1.  
  1. An infringement of copyright is actionable at the suit of the copyright owner; and, subject to this section, in any action for an infringement all such relief by way of damages, injunction, accounts or otherwise, shall be available to the plaintiff as is available in respect of the infringement of any other proprietary right.
  2. Where in an action under this section an infringement of copyright is proved or admitted the court shall, having regard to any benefit accruing to the defendant by reason of the infringement, to the flagrancy of the infringement and to all other material considerations, have power to award such additional damages as the court considers appropriate in the circumstances.
  3. Where in an action for infringement of copyright it is shown that at the time of the infringement the defendant did not know and had no reason to believe that copyright subsisted in the work to which the action relates, then, the plaintiff is not entitled to damages against him.
  4. Subsection (3) does not affect any other remedy available to a plaintiff referred to in that subsection.

[ Return to the Index ]

Delivery up: civil proceedings

  1.  
  1. Subject to this section and section 35(5), where a person
    1. in the course of his business has an infringing copy of a work in his possession, custody or control; or
    2. has in his possession, custody or control an article specifically designed or adapted for making copies of a particular protected work, knowing or having reason to believe that it has been or is being used to make infringing copies,
    the copyright owner may apply to the court for an order that the infringing copy or article be delivered up to him or such other person as the court may direct.
  2. An application under subsection (1) shall not be made after the end of the period specified in section 136(l); and no order shall be made unless the court also makes, or it appears to the court that there are grounds for making, an order under section 135 for the disposal of the infringing copy or article, as the case may be.
  3. A person to whom an infringing copy or other article is delivered up pursuant to an order made under this section shall, if an order under section 135 is not made, retain it pending the making of an order or the decision not to make an order, under that section.

[ Return to the Index ]

Remedies of Exclusive Licensee

Infringement of rights of exclusive licensee

  1. An exclusive licensee has, except against the copyright owner, the same rights and remedies in respect of matters occurring after the grant of the licence as if the licence had been an assignment.

[ Return to the Index ]

Infringement where rights concurrent

  1.  
  1. The rights and remedies of an exclusive licensee are concurrent with those of the copyright owner and reference in the relevant provisions of this Act to the copyright owner shall be construed accordingly.
  2. Where an action for infringement of copyright is brought by the copyright owner or by an exclusive licensee, and the action relates, wholly or partly to an infringement in respect of which they have concurrent rights of action, the copyright owner or the exclusive licensee, as the case may be, shall not be entitled, except with the leave of the Court, to proceed with the action, unless the other party is either joined as a plaintiff in the action or added as a defendant; but this subsection shall not affect the granting of an interlocutory injunction on the application of either of them.
  3. A copyright owner or exclusive licensee who is added as a defendant in pursuance of subsection (2) is not liable for any costs in the action unless he takes part in the proceedings.
  4. Where an action for infringement of copyright is brought which relates, wholly or partly, to an infringement in respect of which the copyright owner and an exclusive licensee have or had concurrent rights of action, then, whether or not the copyright owner and the exclusive licensee are both parties to the action, the court
    1. shall, in assessing damages take into account the terms of the licence and any pecuniary remedy already awarded or available to either of them in respect of the infringement;
    2. shall not direct an account of profits if an award of damages has been made or an account of profits has been directed in favour of the other of them in respect of the infringement; and
    3. shall, if an account of profits is directed, apportion the profits between them as the court considers just, subject to any agreement between them.
  5. The copyright owner shall notify any exclusive licensee having concurrent rights before applying under section 33 for an order for delivery up of infringing copies of a work, and the High Court may, on the application of the licensee, having regard to the terms of the licence make such order under section 33 as it thinks fit.

[ Return to the Index ]

Infringement of Moral Rights and Related Rights

Infringement of right to be identified as author or director

  1.  
  1. Subject to subsection (2), the right conferred by section 14 is infringed by any person who fails to identify the author of a work or the director of a film whenever any action specified in that section occurs in relation to that work or film.
  2. The following acts do not constitute an infringement of the right conferred by section 14 in relation to a work to the extent that such acts are permitted under Part V in relation to the work:
    1. fair dealing with the work for the purposes of criticism, review or the reporting of current events by means of a sound recording, film, broadcast or cable programme;
    2. the incidental inclusion of the work in an artistic work, sound recording, film, broadcast or cable programme;
    3. the use of the work for examination purposes;
    4. acts done for the purposes of parliamentary or judicial proceedings or proceedings of a statutory inquiry;
    5. the use of design documents and models;
    6. the use of a design derived from artistic work;
    7. acts permitted in relation to anonymous or pseudonymous works on the assumption that copyright in the works has expired or that the author is dead.

[ Return to the Index ]

Infringement of right to object to derogatory treatment of work

  1.  
  1. The right conferred on an author and a director by section 15 to object to derogatory treatment of their works is infringed where the acts described in subsections (2) to (5) are done in relation to those works; and for the purposes of this Part, "derogatory treatment" has the same meaning as in section 15(4).
  2. The right referred to in subsection (1) is infringed in the case of a literary, dramatic or musical work by a person who
    1. publishes commercially, performs in public, broadcasts or includes in a cable programme service, a derogatory treatment of the work; or
    2. issues to the public copies of a film or sound recording of or including a derogatory treatment of the work.
  3. The right referred to in subsection (1) is infringed in the case of an artistic work by a person
    1. who
      1. publishes commercially or exhibits in public a derogatory treatment of the work, or
      2. broadcasts or includes in a cable programme service a visual image of a derogatory treatment of the work;
    2. who shows in public a film including a visual image of a derogatory treatment of the work or issues to the public copies of such a film; or
    3. who,
      1. in the case of a work of architecture in the form of a model for a building, or
      2. in the case of a sculpture or work of artistic craftsmanship,
      issues to the public copies of a graphic work representing, or of a photograph of, derogatory treatment of the work.
  4. Subsection (3) does not apply to a work of architecture in the form of a building; but where the author of such work is identified on the building and it is the subject of derogatory treatment, he has the right to require that identification be removed.
  5. In the case of a film, the right is infringed by a person
    1. who shows in public, broadcasts or includes in a cable programme service a derogatory treatment of the film;
    2. who issues to the public copies of a derogatory treatment of the film; or
    3. who, along with the film, plays in public, broadcasts or includes in a cable programme service, or issues to the public copies of, a derogatory treatment of the film sound track.

[ Return to the Index ]

Infringement by possession of infringing article

  1.  
  1. The right conferred by section 15 is also infringed by a person who
    1. possesses in the course of a business;
    2. sells or lets for hire or offers or exposes for sale or hire; or
    3. in the course of a business, exhibits in public or distributes;
    4. distributes otherwise than in the course of a business, in circumstances likely to affect prejudicially the honour or reputation of the author or director,
    an article which is, and which he knows or has reason to believe is an infringing article.
  2. An "infringing article" means a work or a copy of a work that
    1. has been subjected to derogatory treatment; and
    2. has been or is likely to be the subject of any of the acts mentioned in this section and section 37 in circumstances infringing that right.

[ Return to the Index ]

Acts not infringing section 15

  1.  
  1. The right conferred by section 15 is not infringed by any act done for the purpose of
    1. avoiding the commission of an offence; or
    2. complying with a duty imposed by or under an enactment.
  2. It is a sufficient disclaimer if the author or director is identified at the time of the act referred to in subsection (1) or has previously been identified in or on published copies of the work.
  3. In this section "sufficient disclaimer" means
    1. a clear and prominent indication given at the time of the act referred to in subsection (1); and
    2. a clear and prominent indication, if the author or director is then identified, appearing with the identification,
    that the work has been subjected to treatment to which the author or director has not consented.

[ Return to the Index ]

False attribution of work: infringement of right

  1.  
  1. Subject to 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 as author or a film falsely attributed to him as director, is infringed by a person who
    1. issues to the public copies of any such work in or on which there is a false attribution;
    2. exhibits in public an artistic work or a copy of an artistic work in or on which there is a false attribution.
  2. The right referred to in subsection (1) is also infringed by a person who,
    1. 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 named person; or
    2. in the case of a film, shows it in public, broadcasts it or includes it in a cable programme service as having been directed by a named person,
    knowing or having reason to believe that the attribution is false.
  3. The right referred to in subsection (1) 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).
  4. The right referred to in subsection (1) is also infringed by any person who, in the course of a business,
    1. possesses or deals with a copy of a work referred to in that subsection in or on which there is a false attribution; or
    2. in the case of an artistic work, possesses or deals with the work itself when there is a false attribution in or on it,
    knowing or having reason to believe that there is an attribution and that it is false.
  5. The right referred to in subsection (1) is also infringed, in the case of an artistic work, by a person who, in the course of a business,
    1. deals with a work that has been altered after the author parted with possession of it as if it were the unaltered work of the author; or
    2. deals with a copy of such a work as if it were a copy of the unaltered work of the author,
    knowing or having reason to believe that the work has been altered.
  6. References in this section to dealing are references to selling or letting for hire, offering for hire, offering or exposing for sale or hire, exhibiting in public or distributing.
  7. This section applies where a work is falsely represented as being an adaptation of the work of a person as it applies where the work is falsely attributed to a person as author.

[ Return to the Index ]

Infringement of privacy right respecting photographs, etc.

  1. The right conferred by section 17 in relation to a commissioned photograph or film is infringed by a person who does or authorises the doing of any act mentioned in that section in relation to that work; but the right is not infringed by any act which, pursuant to Part V, would not be an infringement of the copyright in the work.

[ Return to the Index ]

Effect of consent and waiver of rights

  1. It is not an infringement of any right conferred by section 14, 15, 16 or 17 to do any act to which the person entitled to the right has consented pursuant to section 19 or in respect of which he has given a waiver pursuant to that section.

[ Return to the Index ]

Remedies for infringing moral rights, etc.

  1.  
  1. Any person whose right under section 14, 15, 16 or 17 is infringed may institute proceedings in the High Court
    1. for an injunction to prevent the infringement; or
    2. for recovery of damages for the infringement.
  2. The grant of an injunction under paragraph (a) of subsection (1) does not deprive a person of any damages that may be awarded to him for loss sustained by him as a result of infringement of his right.
  3. Where in an action an infringement of a right referred to in subsection (1) is proved or admitted, the court may, in addition to the grant of an injunction or the award of damages or both, order the defendant to publish a correction in such terms and in such manner as the court may direct.

[ Return to the Index ]

Presumptions

Presumptions where action relates to literary works, etc.

  1.  
  1. This section applies to an action brought under this Part with respect to a literary, dramatic, musical or artistic work.
  2. Where a name purporting to be that of the author appeared on a work referred to in subsection (1) when it was made or on copies of the published work, it shall be presumed that the person whose name appeared on the work is the author of the work and also the owner of the copyright in the work, until the contrary is proved.
  3. Subsection (2) applies to each person alleged to be one of the authors, in the case of a work alleged to be a work of joint authorship.
  4. Where no name purporting to be that of the author appeared on a work referred to in subsection (1) but
    1. pursuant to section 8(l), the work qualifies for copyright protection by virtue of the country of first publication; and
    2. a name purporting to be that of the publisher appeared on the copies of the work as first published,
    then, it shall be presumed that the person whose name appeared was the owner of copyright at the time of publication, until the contrary is proved.
  5. Where the author of a work is dead or where the identity of the author cannot be ascertained by reasonable inquiry, it shall be presumed, until the contrary is proved
    1. that the work is an original work; and
    2. that the plaintiff's allegations as to what was the first publication of the work and as to the country of first publication are correct.

[ Return to the Index ]

Presumptions where action relates to sound recordings, films, or computer programmes

  1.  
  1. This section applies to an action brought under this Part with respect to a sound recording, film or computer programme.
  2. Where an action is brought under this Part with respect to a sound recording, and copies of the recording issued to the public bear a label or other mark stating
    1. that a named person was the owner of copyright in the recording at the date of issue of the copies; or
    2. that the recording was first published in a specified year or in a named country,
    the label or mark is admissible as evidence of the facts stated and shall be presumed to be correct until the contrary is proved.
  3. Where an action is brought under this Part with respect to a film, and copies of the film issued to the public bear a statement
    1. that a named person was the author or director of the film;
    2. that a named person was the owner of copyright in the film at the date of issue of the copies; or
    3. that the film was first published in a specified year or in a named country,
    the statement is admissible as evidence of the facts stated and shall be presumed to be correct until the contrary is proved.
  4. Where an action is brought under this Part with respect to a computer programme, and copies of the programme are issued to the public in electronic form bearing a statement
    1. that a named person was the owner of copyright in the programme at the date of issue of the copies; or
    2. that the programme was first published in a named country or that copies of it were first issued to the public in electronic form in a specified year,
    the statement is admissible as evidence of the facts stated and shall be presumed to be correct until the contrary is proved.
  5. The presumptions specified in subsections (2), (3) and (4) apply equally in an action relating to an infringement alleged to have occurred before the date on which the copies were issued to the public as they apply to an action relating to an infringement alleged to have occurred on or after that date.
  6. Where an action is brought under this Part with respect to a film, and the film as shown in public, broadcast or included in a cable programme service bears a statement
    1. that a named person was the author or director of the film; or
    2. that a named person was the owner of copyright in the film immediately after it was made,
    the statement is admissible as evidence of the facts stated and shall be presumed to be correct until the contrary is proved; and the presumption applies equally in an action relating to an infringement alleged to have occurred before the date on which the film was shown in public, broadcast or included in a cable programme service as it applies in an action relating to an infringement alleged to have occurred on or after that date.

[ Return to the Index ]

Offences

Penalties in respect of dealings which infringe copyright

  1.  
  1. Any person who at a time when copyright in a work subsists by virtue of this Act
    1. makes for sale or hire; or
    2. in the course of a business sells or lets for hire, or offers or exposes for sale or hire, exhibits in public or distributes;
    3. imports into Barbados for purposes other than his private and domestic use; or
    4. distributes otherwise than in the course of a business to such an extent as to affect prejudicially the owner of the copyright,
    any article which he knows or has reason to believe is an infringing copy of that work, is guilty of an offence.
  2. A person is guilty of an offence who, at the time when copyright subsists in a work by virtue of this Act, makes or has in his possession an article specifically designed or adapted for making copies of that work, knowing that it is to be used for making infringing copies for sale or hire or for use in the course of business.
  3. Any person is guilty of an offence who, otherwise than by reception of a broadcast or cable programme, causes
    1. a literary, dramatic or musical work to be performed in public; or
    2. a sound recording or film to be played, or as the case may be, shown in public,
    knowing or having reason to believe that copyright subsists in the work and that the performance, playing or showing, as the case may be, constitutes an infringement of the copyright.
  4. A person guilty of an offence under subsection (1) is liable
    1. on summary conviction to a fine of fifty thousand dollars or to imprisonment for two years or to both;
    2. on conviction on indictment to a fine of two hundred and fifty thousand dollars or to imprisonment for five years or both.
  5. A person guilty of an offence under this section, other than an offence under subsection (1), is liable
    1. on summary conviction to a fine of twenty-five thousand dollars or to imprisonment for one year or to both;
    2. on conviction on indictment to a fine of one hundred thousand dollars or to imprisonment for three years or to both.

[ Return to the Index ]

Order to deliver up

  1.  
  1. The presumptions specified in sections 44 and 45 apply to proceedings for an order under this section.
  2. Subject to subsection (4), the court before which proceedings are brought against a person for an offence under section 46 may, if it is satisfied that at the time of his arrest or charge
    1. he had in his possession, custody or control in the course of business an infringing copy of a protected work; or
    2. he had in his possession, custody or control an article specifically designed or adapted for making copies of a particular protected work knowing or having reason to believe that it had been or was to be used to make infringing copies,
    order that the infringing copy or article be delivered up to the copyright owner or to such other person as the court may direct.
  3. An order may be made by the court of its own motion or on the application of the prosecution and may be made whether or not the person is convicted of the offence.
  4. The court shall not make an order in proceedings under this section
    1. after the time specified in section 136; or
    2. if it appears to the court unlikely that any order will be made under section 135.
  5. An appeal lies to the Court of Appeal from an order made under this section.
  6. A person to whom an infringing copy or other article is delivered up in pursuance of an order under this section shall retain it pending the making of an order or the decision not to make an order under section 135.

[ Return to the Index ]

Supplementary

Application of provisions as to entry and search

  1. For the purposes of this Part, the provisions of sections 138 and 139 apply in respect of the entry and search of any premises.

[ Return to the Index ]

Restricting importation of infringing copies

  1.  
  1. The owner of the copyright in any published literary, dramatic or musical work may give notice in writing to the Comptroller of Customs
    1. that he is the owner of the copyright in the work; and
    2. that he requests the Comptroller to treat as prohibited goods under the Customs Act (Cap. 66), during a period specified in the notice, printed copies of the work which are infringing copies.
  2. The period specified in a notice given under subsection (1) shall not exceed five years and shall not extend beyond the end of the period for which the copyright may subsist, whichever is shorter.
  3. The owner of the copyright in a sound recording or film may give notice in writing to the Comptroller of Customs
    1. that he is the owner of the copyright in the work;
    2. that infringing copies of the work are expected to arrive in Barbados at a time and place specified in the notice; and
    3. that he requests the Comptroller to treat copies as prohibited imports under the Customs Act.
  4. Subject to subsection (5), where a notice has been given in accordance with this section, the importation into Barbados of goods to which the notice relates is prohibited; but notwithstanding anything contained in the Customs Act, a person is not, by reason that any goods are treated as prohibited goods by virtue of this section, liable to any penalty under that Act other than forfeiture of the goods.
  5. Subsection (4) does not apply to the importation of any article by a person for his private and domestic use.
  6. A person giving notice under this section shall
    1. comply with such conditions as may be prescribed by regulations; and
    2. satisfy such requirements as may be prescribed in connection with the giving of the notice, including requirements relating to
      1. the form of the notice,
      2. the furnishing of evidence, whether on giving notice, or on the importation of the goods, or both,
      3. the payment of fees in respect of the notice,
      4. the giving of security in respect of any liability or expense which the Comptroller may incur in consequence of the notice by reason of the detention of any article or anything done to an article detained by the Comptroller,
      5. the indemnification of the Comptroller against any such liability or expenses, whether security has been given or not, and
      6. such incidental or supplementary matters,
    3. and the regulations may make different provisions as respect different classes of case.
  7. Regulations made under subsection (6) are subject to negative resolution.

[ Return to the Index ]

PART V : EXCEPTIONS TO INFRINGEMENT OF COPYRIGHT

Preliminary

Interpretation

  1. For the purposes of this Part "sufficient acknowledgment" means an acknowledgment identifying the work in question by its title or other description and identifying the author, unless
    1. in the case of a published work, it is published anonymously or the author has agreed or required that no acknowledgment of his name should be made;
    2. in the case of an unpublished work, it is not possible for a person to ascertain the identity of the author by reasonable inquiry.

[ Return to the Index ]

General Exceptions

Research and private study

  1. Subject to section 53, fair dealing with a literary, dramatic, musical or artistic work for the purposes of research or private study does not infringe copyright in the work or, in the case of a published edition, in the typographical arrangement.

[ Return to the Index ]

Criticism, review and reporting

  1.  
  1. Subject to section 53,
    1. fair dealing with a protected work for the purposes of criticism or review of that or another work or of a performance of a work; and
    2. fair dealing with a protected work, other than a photograph, for the purpose of reporting current events,
    does not infringe copyright in the work if it is accompanied by a sufficient acknowledgment.
  2. No acknowledgment is required in connection with the reporting of current events by means of a sound recording, film, broadcast or cable programme.

[ Return to the Index ]

Determining fair dealing

  1. For the purpose of determining whether an act done in relation to a work constitutes fair dealing, the court determining the question shall take account of all factors that appear to it to be relevant, including
    1. the nature of the work in question;
    2. the extent and portion of that part of the work affected by the act in relation to the whole of the work;
    3. the purpose and character of the use; and
    4. the effect of the act upon the potential market for, or the commercial value of, the work.

[ Return to the Index ]

Incidental inclusion of protected work

  1. Copyright in a work is not infringed
    1. by its incidental inclusion in an artistic work, sound recording, film, broadcast or cable programme; or
    2. by the issue to the public of copies or the playing, showing, broadcasting or inclusion in a cable programme service of anything whose making was not an infringement of copyright by virtue of paragraph (a),
    and for the purposes of this section, a musical work, words spoken or sung with music, or so much of a sound recording, broadcast or cable programme as includes a musical work or such words, shall not be regarded as incidentally included if it is deliberately included.

 

Continuation: Use of Work for Educational Purposes