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INTELLECTUAL PROPERTY RIGHTS

NATIONAL LEGISLATION - ST. VINCENT & THE GRENADINES

Copyright Act, 1989
(No 53 of December 27, 1989)


(Continuation)


FIRST SCHEDULE (Section 9)
Translation Licences
Application of Schedule

1. The provisions of this Schedule apply to works that have been published in a printed or in an analogous form of reproduction.

Application cap
2. (1) Any citizen or permanent resident of St. Vincent and the Grenadines may, after the expiration of the period mentioned in sub-paragraph (2), apply to the Minister for a licence to make a translation of a work into English and to publish the translation in a printed or analogous form of reproduction in St. Vincent and the Grenadines.

(2) No licence may be granted by the Minister under this Schedule in respect of a work until the expiration of three years from the date of the first publication of the work.

Grant of licence
3. (1) The Minister shall determine, before granting a licence under this Schedule

(a) that no translation of the work into English has, in a printed or in an analogous form of reproduction, been published by or with the authorisation of the owner of the right of the translation, or, if there has been such a publication, that all previous editions in English are out of print; 

(b) that the applicant for the licence has established that he either has requested, and has been denied, authorisation from the owner of the right of translation or after due inquiry on his part, was unable to find the owner; 

(c) that at the same time as addressing to the owner the request referred to in clause (b), the applicant for the licence had informed any national or international information centre designated for that purpose by the government of the country in which the publisher of the work to be translated is believed to have his principal place or business, of the request; and 

(d) that, if the applicant for the licence could not find the owner of the translation, the applicant had sent, by registered airmail, a copy of his application to the publisher whose name appears on the work and another copy of the application to any information centre referred to in clause (c), or, in the absence of such an information centre, to the Unesco International Copyright Information Centre. 

(2) No licence may be granted by the Minister in respect of a work unless the owner of the right of translation in the work, if known or located, has been given an opportunity to be heard.

(3) No licence may be granted to an applicant in respect of a work until six months

(a) from the date on which the applicant complies with the requirements of sub-paragraphs (1)(b) and (1)(c); or

(b) if the identity or the address of the owner of the right of translation of the work is unknown, from the date on which the applicant also complies with the requirements of sub-paragraph (1)(d). 

(4) No licence may be granted by the Minister when, in respect of the work for which the licence was applied for, a translation into English has, in a printed or in an analogous form of reproduction, been published, by or with the authorisation of the owner of the translation right during the period limited by subparagraph (d).

(5) For works composed mainly of illustrations, a licence may only be granted by the Minister under this Schedule if the conditions of the Second Schedule are also complied with.

(6) No licence may be granted by the Minister in respect of a work when the author of the work has withdrawn all copies of that work from circulation.

Scope
4. (1) A licence under this Schedule

(a) is valid for the purpose of teaching, scholarship or research; 

(b) allows publication only in a printed or an analogous form of reproduction and, subject to sub-paragraph (2), only in St. Vincent and the Grenadines; 

(c) does not extend to the export of copies made under the licence, except as provided in sub-paragraph (3); 

(d) is non-exclusive; and 

(e) is non-transferable. 

(2) Notwithstanding sub-paragraph (1)(b), where the Minister is satisfied that facilities do not exist in St. Vincent and the Grenadines for the printing or reproduction, or that existing facilities are incapable for economic or practical reasons of ensuring printing or reproduction of the work for which the licence is requested, the reproduction may be made outside St. Vincent and the Grenadines, if

(a) the country where the work of reproduction is done is a party to the Berne Convention or to the Universal Copyright Convention; 

(b) all copies reproduced are sent to the licensee in one or more bulk shipments for distribution exclusively in St. Vincent and the Grenadines and the contract between the licensee and the establishment doing the work of reproduction so requires; 

(c) the contract provides that the establishment engaged for doing the work of reproduction guarantees that the work of reproduction is lawful in the country where it is done; and 

(d) the licensee does not entrust the work of reproduction to an establishment specially created for the purpose of having copies reproduced of works for which a licence has been granted under this Schedule. 

(3) The licence must provide for such just compensation in favour of the owner of the right of translation as is consistent with standards of royalties normally operating in the case of licences freely negotiated between persons in St. Vincent and the Grenadines and owners of translation rights in the country of the owner of the right of translation.

(4) If the licensee is unable, by reason of currency regulations, to transmit the compensation to the owner of the right of translation, it is a condition of his licence that he report that fact to the Minister, who must make all efforts, by the use of international machinery, to ensure transmittal of the compensation in internationally convertible currency or its equivalent.

(5) As a condition of maintaining the validity of the licence issued under this Schedule to translate a work, the translation must be correct and all published copies must include the following:

(a) the original title and name of the author of the work; 

(b) a notice in English stating that the copy is available for distribution only in St. Vincent and the Grenadines; and 

(c) if the work that is translated was published with a copyright notice, a reprint of that notice. 

(6) A licence issued under this Schedule in respect of a work terminates when a translation of the work in the English language and with substantially the same content as the translation published under the licence is

(a) in a printed or in an analogous form of reproduction, and 

(b) by or with the authorisation of the owner of the right of the translation, 
published in St. Vincent and the Grenadines at a price reasonably related to that normally charged in St. Vincent and the Grenadines for comparable works.

(7) Any copies of a translation of a work made under the licence before the licence terminates pursuant to sub-paragraph (6) may continue to be distributed in St. Vincent and the Grenadines until the stock of the copies is exhausted.

Broadcaster
5. (1) A licence under this Schedule may be granted by the Minister to a Vincentian broadcaster if all the following conditions are complied with:

(a) the translation is made from a copy made and acquired in accordance with the laws of St. Vincent and the Grenadines; 

(b) the translation is only for use in broadcasts intended exclusively for teaching or for the dissemination of the results of specialised technical or scientific research to experts in a particular profession; 

(c) the translation is used exclusively for the purpose specified in clause (b), through broadcasts that are lawfully made and that are intended for recipients in St. Vincent and the Grenadines, including broadcasts made through the medium of recordings that have been made lawfully and for the sole purpose of such broadcasts; 

(d) recordings of the translation are not used by broadcasters other than those having their headquarters in St. Vincent and the Grenadines; and 

(e) all uses made of the translation are without any commercial purpose. 

(2) A licence may also be granted, under all the conditions provided for in sub-paragraph (1), to a Vincentian broadcaster to translate any text incorporated in an audio-visual work that was itself prepared and published for the sole purpose of being used in connection with systematic instructional activities.

Application
6. (1) Section 9 and this Schedule apply to works whose country of origin is the country, or any other country whose name, with reference to this Schedule, is indicated in an order made by the Minister.

(2) The Minister may, by order, discontinue the application of section 9 and this Schedule.

SECOND SCHEDULE (Section 10)
Reproduction Licences
Works covered

1. Subject to paragraph 5, this Schedule applies to works that have been published in a printed or in an analogous form of reproduction.

Application cap
2. (1) Any citizen or permanent resident of St. Vincent and the Grenadines may, after the expiration of the period mentioned in sub-paragraph (2), apply to the Minister for a licence to reproduce and publish a particular edition of a work in a printed or in an analogous form of reproduction.

(2) No licence may be granted until the expiration of whichever of the following periods is applicable:

(a) three years for works of technology and of the natural and physical sciences, including mathematics; 

(b) seven years for works of fiction, poetry, drama and music, and for art books; or 

(c) five years for all other works; commencing from the date of first publication of the particular edition of the work. 

Grant of licence
3. (1) Before granting a licence under this Schedule in respect of any work, the Minister must first determine:

(a) that no distribution, by way or with the authorisation of the owner of the right of reproduction of any edition of the work, of copies in printed or analogous forms of reproduction of that particular edition has taken place in St. Vincent and the Grenadines to the general public or in connection with systematic instructional activities, at a price reasonably related to that normally charged in St. Vincent and the Grenadines for comparable works, or that, under the same conditions, copies of that particular edition have not been on sale in St. Vincent and the Grenadines for a continuous period of at least six months; 

(b) that the applicant for the licence has established that he either has requested, and has been denied, authorisation from the owner of the right of reproduction, or that, after due diligence on his part, he was unable to find the owner; 

(c) that, at the same time of addressing to the owner the request referred to in clause (b), the applicant for the licence had informed any national or international information centre designated for this purpose by the government of the country in which the publisher of the work to be reproduced is believed to have his principal place of business, of the request; and 

(d) that, if the applicant could not find the owner of the right of reproduction, the applicant had sent, by registered airmail, a copy of his application to the publisher whose name appears on the work and another copy of the application to any information centre referred to in clause (c), or in the absence of such a centre, to the Unesco International Copyright Information Centre. 

(2) No licence may be granted by the Minister under this Schedule to reproduce a work unless the owner of the right of reproduction of that work, if known or located, has been given an opportunity to be heard.

(3) Where the three-year period referred to in sub-paragraph (a) of paragraph 2(2) applies in respect of an application to reproduce a work, no licence may be granted by the Minister in respect of that work until the expiration of six months, computed from the date on which the applicant complies with the requirements mentioned in sub-paragraph (1)(b) and (1)(c) or, if the identity or the address of the owner of the right of reproduction is unknown, from the date on which the applicant also complies with the requirement mentioned in sub-paragraph (1)(d).

(4) When the seven-year or five-year periods referred to in sub-paragraph (2)(b) or (2)(c) apply and when the identity or the address of the owner of the right of reproduction of the work in respect of which the application to reproduce has been made is unknown, no licence may be granted under this Schedule until the expiration of three months, computed from the date on which the copies referred to in sub-paragraph (1)(d) have been mailed.

(5) No licence may be granted by the Minister in respect of the reproduction of a work when a distribution or placing on sale of the work as described in sub-paragraph (1)(a) has taken place during the period of six or three months referred to in sub-paragraph (3) or (4) respectively.

(6) No licence may be granted by the Minister in respect of a work that is the subject of an application for a licence if the author of that work has withdrawn all copies of the edition from circulation.

(7) When the edition that is the subject of an application under this Schedule is a translation, the licence may only be granted if the translation is in English and was published by or with the authorisation of the owner of the right of translation.

Scope
4. (1) A licence under this Schedule in respect of the reproduction of a work

(a) is valid only for use in connection with systematic instructional activities; 

(b) subject to sub-paragraph (5), only allows publication in a printed or in an analogous form of publication at a price reasonably related to, or lower than, that normally charged in St. Vincent and the Grenadines for a comparable work; 

(c) only allows publication in St. Vincent and the Grenadines and does not extend to the export of copies made under the licence, but subject to sub-paragraph (2); 

(d) is not exclusive; and 

(e) is not transferable. 

(2) Where the Minister is satisfied that facilities do not exist in St. Vincent and the Grenadines for the reproduction of, or that existing facilities are incapable for economic or practical reasons of reproducing the edition that is the subject of the Schedule, the reproduction may be made outside St. Vincent and the Grenadines, if:

(a) the country where the work of reproduction is done is a party to the Berne Convention or to the Universal Copyright Convention; 

(b) all copies reproduced are sent to the licensee in one or more bulk shipments for distribution exclusively in St. Vincent and the Grenadines and the contract between the licensee and the establishment doing the work of reproduction so requires, 

(c) the contract provides that the establishment engaged for doing the work of reproduction guarantees that the work of reproduction is lawful in the country where it is done; and 

(d) the licensee does not entrust the work of reproduction to an establishment specially created for the purpose of having copies reproduced of works for which a licence has been granted under this Schedule. 

(3) A licence issued under this Schedule in respect of a work must provide for such just compensation in favour of the owner of the right of reproduction in the work as is consistent with standards of royalties normally operating in the case of licences freely negotiated between persons in St. Vincent and the Grenadines and owners of reproduction rights in the country of the owner of the right of reproduction.

(4) If the licensee is unable, by reason of currency regulations, to transmit the compensation to the owner of the right of reproduction, it is a condition of his licence that he report that fact to the Minister, who must make all efforts, by the use of international machinery, to ensure transmittal of that compensation in an international convertible currency or its equivalent.

(5) As a condition of maintaining the validity of a licence to reproduce an edition of a work, the reproduction of that particular edition must be accurate and all published copies must include the following:

(a) the title and name of the author of the work; 

(b) a notice in English stating that the copy is available for distribution only in St. Vincent and the Grenadines; and 

(c) if the particular edition that is reproduced bore a copyright notice, a reprint of that notice. 

(6) A licence for the reproduction of a particular edition of awork terminates if-

(a) copies of an edition of the work, in a printed or in an analogous form of reproduction are, by or with the authorisation of the owner of the right of reproduction, distributed in St. Vincent and the Grenadines to the general public or in connection with systematic instructional activities and at a price reasonably related to that normally charged in St. Vincent and the Grenadines for comparable works; and 

(b) that edition of the work is in English and substantially the same in content as the edition that was published under the licence. 

(7) Any copies of the reproduction of a particular edition of a work already made before the licence thereof terminates under this section may continue to be distributed until the stock of copies is exhausted.

Audio-visual
5. Subject to similar conditions as are provided for in this Schedule, the Minister may grant a licence-

(a) to reproduce in audio-visual form a lawfully made audio-visual work, including any protected works incorporated in it, if the audio-visual work was prepared and published for the sole purpose of being used in connection with systematic instructional activities; and 

(b) to translate into English any text incorporated into the audio-visual work described in sub-paragraph (a). 

Application
6. (1) Section 10 and this Schedule apply to works whose country of origin is the country, or any other country, whose name, with reference to this Schedule, is indicated in an order made by the Minister.

(2) The Minister may, by order, discontinue the application of section 10 and this Schedule.