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
-
- 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.
- 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.
- 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.
- Where a protected work is a work of joint
authorship the authors thereof shall be co-owners of the copyright
in that work.
- In respect of folklore, that is to say, all
literary and artistic works that
- constitute a basic element of the
traditional and cultural heritage of Barbados;
- were created in Barbados by various groups
of the community; and
- survive from generation to generation,
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.
- The rights of the Crown in respect of folklore
are enforceable at the instance of the Attorney-General.
- Subsection (1) does not apply to copyright
subsisting in a work pursuant to section 144.
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Assignment
of Copyright
Assignment and licences
-
- Subject to the provisions of this section,
copyright in a work may be transferred as personal or moveable
property by
- assignment;
- testamentary disposition; or
- operation of law,
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.
- An assignment or other transfer of copyright
may be partial, that is to say, limited
- to one or more, but not all, of the things
the owner of the copyright has the exclusive right to do;
- to part, but not the whole, of the period
for which copyright subsists.
- 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.
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Prospective
ownership of copyright
-
- 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.
- 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.
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Exclusive licence
- 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.
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Copyright in
unpublished manuscript passes
under will
- Where under a bequest, whether specific or
general, a person entitled, beneficially or otherwise, to
- 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
- an original material thing containing a sound
recording or film that was not published before the death of the
testator,
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.
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Moral rights, etc.,
not assignable
- The rights conferred under Part II are not
assignable.
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Transmission
of moral rights, etc., on
death
-
- The rights conferred by sections 14, 15 and 17
are not assignable otherwise than by succession.
- 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.
- Where by virtue of subsection (1) a right
becomes exercisable by more than one person, then
- 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
- any waiver of the right in accordance with
section 19 by one of them does not affect the rights of the
others.
- A consent or waiver previously given binds any
person to whom a right passes by virtue of subsection (1).
- Any infringement after a person's death of the
right conferred by section 16 is actionable by his personal
representatives.
- 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.
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PART IV : INFRINGEMENT
OF RIGHTS
General Provisions
Meaning of "action"
-
- In this Part, "action" includes a
counterclaim and references to the plaintiff and to the defendant in
an action shall be construed accordingly.
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Provisions
of Part subject
to other provisions
- This Part has effect subject to the provisions of
this Act with respect to
- authorising the doing of specified acts in
relation to a protected work; or
- providing for the licensing of a protected
work.
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Infringement
of Copyright
Acts infringing copyright
-
- 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.
- 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.
- Copyright in a work is infringed by a person
who, without the licence of the copyright owner
- possesses in the course of a business;
- sells or lets for hire or offers or
exposes for sale or hire;
- exhibits in public or distributes in the
course of a business; or
- 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.
- Copyright in a work is infringed by a person
who, without the licence of the copyright owner
- makes;
- imports into Barbados;
- possesses in the course of a business; or
- sells or lets for hire or offers for sale
or hire,
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.
- 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.
- 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.
- 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.
- The persons referred to in subsection (7) are
- a person who supplied the apparatus or
any substantial part of it, if when he supplied the apparatus
or part
- he knew or had reason to believe that
the apparatus was likely to be so used to infringe
copyright; or
- 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;
- 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
- 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.
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Remedies
of Copyright Owner
Action by owner of copyright
-
- 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.
- 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.
- 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.
- Subsection (3) does not affect any other remedy
available to a plaintiff referred to in that subsection.
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Delivery
up: civil proceedings
-
- Subject to this section and section 35(5),
where a person
- in the course of his business has an
infringing copy of a work in his possession, custody or control;
or
- 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.
- 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.
- 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.
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Remedies of Exclusive
Licensee
Infringement of rights of exclusive licensee
- 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.
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Infringement
where rights concurrent
-
- 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.
- 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.
- 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.
- 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
- 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;
- 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
- shall, if an account of profits is
directed, apportion the profits between them as the court
considers just, subject to any agreement between them.
- 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.
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Infringement of Moral
Rights and
Related Rights
Infringement of right to be identified
as author or director
-
- 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.
- 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:
- 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;
- the incidental inclusion of the work in an
artistic work, sound recording, film, broadcast or cable
programme;
- the use of the work for examination
purposes;
- acts done for the purposes of parliamentary
or judicial proceedings or proceedings of a statutory inquiry;
- the use of design documents and models;
- the use of a design derived from artistic
work;
- 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.
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Infringement
of right to object
to
derogatory treatment of work
-
- 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).
- The right referred to in subsection (1) is
infringed in the case of a literary, dramatic or musical work by a
person who
- publishes commercially, performs in public,
broadcasts or includes in a cable programme service, a
derogatory treatment of the work; or
- issues to the public copies of a film or
sound recording of or including a derogatory treatment of the
work.
- The right referred to in subsection (1) is
infringed in the case of an artistic work by a person
- who
- publishes commercially or exhibits in
public a derogatory treatment of the work, or
- broadcasts or includes in a cable
programme service a visual image of a derogatory treatment
of the work;
- 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
- who,
- in the case of a work of architecture
in the form of a model for a building, or
- 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.
- 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.
- In the case of a film, the right is infringed
by a person
- who shows in public, broadcasts or includes
in a cable programme service a derogatory treatment of the film;
- who issues to the public copies of a
derogatory treatment of the film; or
- 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.
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Infringement
by possession of infringing article
-
- The right conferred by section 15 is also
infringed by a person who
- possesses in the course of a business;
- sells or lets for hire or offers or exposes
for sale or hire; or
- in the course of a business, exhibits in
public or distributes;
- 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.
- An "infringing article" means a work
or a copy of a work that
- has been subjected to derogatory treatment;
and
- 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.
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Acts not
infringing section 15
-
- The right conferred by section 15 is not
infringed by any act done for the purpose of
- avoiding the commission of an offence; or
- complying with a duty imposed by or under
an enactment.
- 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.
- In this section "sufficient
disclaimer" means
- a clear and prominent indication given at
the time of the act referred to in subsection (1); and
- 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.
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False
attribution of work: infringement
of right
-
- 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
- issues to the public copies of any such
work in or on which there is a false attribution;
- exhibits in public an artistic work or a
copy of an artistic work in or on which there is a false
attribution.
- The right referred to in subsection (1) is also
infringed by a person who,
- 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
- 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.
- 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).
- The right referred to in subsection (1) is also
infringed by any person who, in the course of a business,
- possesses or deals with a copy of a work
referred to in that subsection in or on which there is a false
attribution; or
- 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.
- 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,
- 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
- 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.
- 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.
- 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.
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Infringement of
privacy right respecting
photographs, etc.
- 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.
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Effect of
consent and waiver of rights
- 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.
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Remedies
for infringing moral rights, etc.
-
- Any person whose right under section 14, 15, 16
or 17 is infringed may institute proceedings in the High Court
- for an injunction to prevent the
infringement; or
- for recovery of damages for the
infringement.
- 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.
- 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.
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Presumptions
Presumptions
where action relates
to literary
works, etc.
-
- This section applies to an action brought under
this Part with respect to a literary, dramatic, musical or artistic
work.
- 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.
- 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.
- Where no name purporting to be that of the
author appeared on a work referred to in subsection (1) but
- pursuant to section 8(l), the work
qualifies for copyright protection by virtue of the country of
first publication; and
- 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.
- 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
- that the work is an original work; and
- 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.
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Presumptions
where action relates
to sound
recordings, films, or
computer programmes
-
- This section applies to an action brought under
this Part with respect to a sound recording, film or computer
programme.
- 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
- that a named person was the owner of
copyright in the recording at the date of issue of the copies;
or
- 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.
- 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
- that a named person was the author or
director of the film;
- that a named person was the owner of
copyright in the film at the date of issue of the copies; or
- 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.
- 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
- that a named person was the owner of
copyright in the programme at the date of issue of the copies;
or
- 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.
- 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.
- 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
- that a named person was the author or
director of the film; or
- 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.
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Offences
Penalties in respect of dealings
which infringe copyright
-
- Any person who at a time when copyright in a
work subsists by virtue of this Act
- makes for sale or hire; or
- in the course of a business sells or lets
for hire, or offers or exposes for sale or hire, exhibits in
public or distributes;
- imports into Barbados for purposes other
than his private and domestic use; or
- 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.
- 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.
- Any person is guilty of an offence who,
otherwise than by reception of a broadcast or cable programme,
causes
- a literary, dramatic or musical work to be
performed in public; or
- 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.
- A person guilty of an offence under subsection
(1) is liable
- on summary conviction to a fine of fifty
thousand dollars or to imprisonment for two years or to both;
- on conviction on indictment to a fine of
two hundred and fifty thousand dollars or to imprisonment for
five years or both.
- A person guilty of an offence under this
section, other than an offence under subsection (1), is liable
- on summary conviction to a fine of
twenty-five thousand dollars or to imprisonment for one year or
to both;
- on conviction on indictment to a fine of
one hundred thousand dollars or to imprisonment for three years
or to both.
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Order to deliver up
-
- The presumptions specified in sections 44 and
45 apply to proceedings for an order under this section.
- 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
- he had in his possession, custody or
control in the course of business an infringing copy of a
protected work; or
- 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.
- 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.
- The court shall not make an order in
proceedings under this section
- after the time specified in section 136; or
- if it appears to the court unlikely that
any order will be made under section 135.
- An appeal lies to the Court of Appeal from an
order made under this section.
- 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.
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Supplementary
Application of provisions as to entry
and search
- For the purposes of this Part, the provisions of
sections 138 and 139 apply in respect of the entry and search of any
premises.
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Restricting
importation of infringing copies
-
- The owner of the copyright in any published
literary, dramatic or musical work may give notice in writing to the
Comptroller of Customs
- that he is the owner of the copyright in
the work; and
- 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.
- 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.
- The owner of the copyright in a sound recording
or film may give notice in writing to the Comptroller of Customs
- that he is the owner of the copyright in
the work;
- that infringing copies of the work are
expected to arrive in Barbados at a time and place specified in
the notice; and
- that he requests the Comptroller to treat
copies as prohibited imports under the Customs Act.
- 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.
- Subsection (4) does not apply to the
importation of any article by a person for his private and domestic
use.
- A person giving notice under this section shall
- comply with such conditions as may be
prescribed by regulations; and
- satisfy such requirements as may be
prescribed in connection with the giving of the notice,
including requirements relating to
- the form of the notice,
- the furnishing of evidence, whether on
giving notice, or on the importation of the goods, or both,
- the payment of fees in respect of the
notice,
- 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,
- the indemnification of the Comptroller
against any such liability or expenses, whether security has
been given or not, and
- such incidental or supplementary
matters,
- and the regulations may make different
provisions as respect different classes of case.
- Regulations made under subsection (6) are
subject to negative resolution.
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PART V : EXCEPTIONS
TO INFRINGEMENT OF
COPYRIGHT
Preliminary
Interpretation
- 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
- 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;
- in the case of an unpublished work, it is not
possible for a person to ascertain the identity of the author by
reasonable inquiry.
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General Exceptions
Research and private study
- 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.
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Criticism,
review and reporting
-
- Subject to section 53,
- 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
- 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.
- No acknowledgment is required in connection
with the reporting of current events by means of a sound recording,
film, broadcast or cable programme.
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Determining
fair dealing
- 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
- the nature of the work in question;
- the extent and portion of that part of the
work affected by the act in relation to the whole of the work;
- the purpose and character of the use; and
- the effect of the act upon the potential
market for, or the commercial value of, the work.
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Incidental
inclusion of protected work
- Copyright in a work is not infringed
- by its incidental inclusion in an artistic
work, sound recording, film, broadcast or cable programme; or
- 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
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