Free Trade Area of the Americas - FTAA

 
Ministerial
Declarations
Trade Negotiations
Committee
Negotiating
Groups
Special
Committees
Business
Facilitation
Civil
Society
Trade&Tariff
Database
Hemispheric
Cooperation
Program

Home Countries Sitemap A-Z list Governmental Contact Points

 
 

Intellectual Property Rights

NATIONAL LEGISLATION - ST. VINCENT & THE GRENADINES

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


(Continuation)


Performer's rights
25. (1) A performer has the exclusive right, subject to the exceptions provided for by sections 35, 37 and 38, to broadcast (including to communicate by cable), record and reproduce his performance or grant his consent for the same to be broadcast, recorded or reproduced and he may prevent any person from doing any of the same where his consent has not been so granted.

(2) For the purposes of this section,

"performance" includes performance, communication or delivery of a literary or artistic work whether or not at the relevant time the work was being publicly performed, communicated or delivered.

Broadcast performances
26. (1) Where a performer has given his consent to a broadcaster to broadcast his performance such consent shall not be construed as:

(a) consent to other broadcasters to broadcast that performance; 

(b) consent for that broadcaster to make a recording of that performance; 

(c) consent for that broadcaster to make a reproduction of that performance; and 

(d) consent to that broadcaster to broadcast the performance from any recording or reproduction of a recording, 

except where there is a written agreement to the contrary with such performer or where a contrary inference arises from a contract of service between the performer and the broadcaster.

(2) Where, in respect of a performance that is broadcast, the performer gives the broadcaster consent in writing to make an audio-visual work of the performance, paragraphs (c) and (d) of subsection (1) do not apply.

(3) Nothing in this section deprives a performer of the right to enter into a contract regarding any performance on terms and conditions more favourable to him in respect of any use of that performance than that provided by the performer's rights under this Act.

Consent of performer
27. (1) Where the consent of the performer is required in respect of any performance, the consent may be given by the performer personally or by a person authorised by him in writing to give such consent.

(2) When the consent of the performer is given in respect of a performance by a person holding himself out:

(a) to be the performer thereof, or 

(b) to be the person authorised by the performer thereof to give consent on his behalf, 

the consent has effect unless, at the time the consent was given, the person receiving the consent knew or ought reasonably to have known that the holding out was improper or unauthorised, as the case may be.

Duration of rights
28. The rights vested in a performer under section 25 in respect of a performance exist for the twenty calendar years after the end of the year in which the performance occurred.

Phonograms
29. A phonogram is a sound recording of the sounds of a performance of a literary or artistic work or of other sounds.

Producers' rights
30. (1) The producer of a phonogram has the exclusive right to prevent any person, without the consent of the producer

(a) from making a reproduction of a phonogram the original sound recording of which was lawfully made in St. Vincent and the Grenadines; 

(b) from importing, for the purpose of distribution to the public, a phonogram the original sound recording of which was lawfully made in St. Vincent and the Grenadines; or 

(c) from distributing to the public, whether by sale or otherwise, any reproduction of the phonogram the original sound recording of which was lawfully made in St. Vincent and the Grenadines. 

(2) The consent of the producer of a phonogram must be given in writing by him personally or by some person authorised in writing by him to give consent on his behalf.

(3) A producer of a phonogram means the person who first lawfully makes in St. Vincent and the Grenadines a sound recording of the sounds of a performance or the other sounds constituting the aural effects of the phonogram.

(4) For the purpose of this section, a sound recording is lawfully made when it is made without infringing any other person's rights under this Act in respect of the performance or sounds constituting the aural effects of the phonogram.

(5) When, pursuant to a contract with the producer of a phonogram, a person makes in St. Vincent and the Grenadines a reproduction of the sounds recorded on a phonogram produced outside St. Vincent and the Grenadines and forwarded to him for reproduction in St. Vincent and the Grenadines pursuant to that contract, the sound recording so produced in St. Vincent and the Grenadines shall, for the purposes of subsection (1), be deemed to be an original sound recording made in St. Vincent and the Grenadines.

Duration: producers' rights
31. The rights vested in the producer of a phonogram under section 30 exist for a period of twenty calendar years immediately following the end of

(a) the year in which the phonogram was first lawfully made available in St. Vincent and the Grenadines to the public, if it was made available to the public in St. Vincent and the Grenadines; or 

(b) if the phonogram is not made available to the public in St. Vincent and the Grenadines, the end of the year in which the original sound recording for the phonogram was first lawfully made in St. Vincent and the Grenadines, within the meaning of section 30. 

Notice of rights
32. (1) Each copy of, or container for a copy of, a phonogram made available to the public for commercial purposes, must have disclosed thereon a notice consisting of the letter C capitalised and placed within a circle and accompanied by an indication of the year the recording for the phonogram was first lawfully made in St. Vincent and the Grenadines; all of which must be prominently displayed on the copy of, or on the container for the copy of, the phonogram, to give reasonable notice of the claim of all rights respecting the use of the phonogram.

(2) When a copy of the phonogram or the copy's container does not identify the producer of the phonogram by having his name, trade mark or other designation indicated on the copy or container, the notice referred to in subsection (1) must include the name of the person who owns the producers' rights under this Act in that phonogram.

(3) When a copy of the phonogram or the copy's container does not identify the performer whose performance constitutes any of the aural effects of the phonogram, the notice referred to in subsection (1) must include the name of the person who owns the performer's rights under this Act in that performance.

Remuneration
33. (1) Where any phonogram the original sound recording of which was lawfully made in St. Vincent and the Grenadines is used

(a) by way of being made available for commercial purposes to the public; 

(b) by way of a broadcast; or 

(c) by way of any other communication to the public (of a commercial nature), 

the user of the phonogram shall pay to the producer of the phonogram remuneration for the producer and any performer whose performance constitutes any of the aural effects of the phonogram.

(2) When more than one performer is entitled to share the remuneration paid to the producer under subsection (1) for the performance, the amount paid by the producer shall be divided equally among those performers or in the manner and shares agreed among the performers.

Duration of remuneration
34. The obligation to pay remuneration to the producer of a phonogram and to any performer whose performance constitutes any of the aural effects of the phonogram exist for the same period that the producer's rights under section 31 in that phonogram exist.

Special licences
35. (1) Where the consent of the producer of a phonogram is needed for the duplication of the same, that is to say, to produce any article that contains any sound taken directly or indirectly from any recording of sounds contained on that phonogram, any person may apply in writing to the Minister for a licence to produce such duplicate.

(2) The Minister may, upon an application for a licence under subsection (1), grant the licence authorising such person to produce that article.

(3) The production of a duplication of a phonogram pursuant to a licence under subsection (1) does not infringe the rights under this Act of either the producer of the phonogram from which the sounds for the article were taken or any performer whose performance is included in the aural effects of that phonogram, if

(a) the duplication is for use exclusively for the purposes of education or scientific research; 

(b) the duplication is for distribution in St. Vincent and the Grenadines only; and 

(c) the person authorised by licence to produce the duplication gives an undertaking in writing to pay the producer of the phonogram such remuneration as the Minister determines with regard to the number of duplications distributed in St. Vincent and the Grenadines. 

(4) Section 7 applies, with any necessary modifications, to any duplication authorised by licence under this section.

Broadcasters' rights
36. (1) Where a broadcast has been lawfully made the broadcaster thereof has the exclusive right to prevent any person, without the broadcaster's consent

(a) from rebroadcasting the broadcast; 

(b) from making a recording of the broadcast; or 

(c) from reproducing a recording of the broadcast, except that such consent shall not be needed where the reproduction is made for any purpose described in section 6, provided also that such reproduction shall not be used for any other purpose. 

(2) A rebroadcast occurs when one broadcaster broadcasts any part of the broadcast of another broadcaster.

(3) A broadcast is lawfully made when the broadcast is made without infringing the rights under this Act of any other person.

Ephemeral recording: no consent required
37. (1) When a broadcaster, by means of his own facilities and for his own broadcast, makes a recording of a broadcast or performance, a reproduction of the recording of the broadcast or performance or makes a recording of a phonogram, no consent is required and there is no infringement of the rights under this Act of any person, if,

(a) in respect of each broadcast of the recording of the broadcast, performance, reproduction or phonogram, the broadcaster had the right under this Act to make that particular broadcast; and

(b) in respect of each recording, and reproduction or phonogram made pursuant to this section, the broadcaster had the right to make the broadcast on which the recording, performance, reproduction or phonogram is used. 

(2) Subsection (2) of section 8 applies, with the necessary modifications in respect of a single copy of any recording made under the authority of this section.

Permissible recordings
38. (1) A fixation described in this provision that would otherwise be an infringement of any rights, under this Act, of a performer, broadcaster, or producer of a phonogram, that is to say

(a) a recording of a broadcast of any performance; 

(b) a reproduction of a recording of a broadcast of any performance; or 

(c) a duplication of a phonogram, may be made without the consent of the performer, broadcaster or producer, as the case requires, and is not an infringement of the rights under this Act of any of those persons, if the fixation is a permitted recording. 

(2) A fixation described in subsection (1) is a permitted recording if

(a) it is for the maker's personal use only; 

(b) it is made for and in the course of the reporting of fresh events and new information by any news medium, and no more than short excerpts of the broadcast, performance or phonogram are used in the reporting by the news medium; 

(c) it is done exclusively for teaching purposes or for scientific research; 

(d) it consists of quotations in the form of short excerpts of a broadcast, performance or phonogram and the quotations are compatible with fair practice and justified by the purpose of keeping the public informed; or 

(e) it is made for any other purpose for which a consent would not be required by virtue of section 6 in similar circumstances from an author of a literary, artistic or scientific work. 

Civil remedies
39. (1) Where a person's rights under this Act are being infringed or are in imminent danger of being infringed such person may institute proceedings in the High Court:

(a) for an injunction to prevent the infringement or to prohibit the continuation of the infringement; and 

(b) for recovery of damages for the infringement. 

(2) Where an injunction has been granted under subsection (1) the person granted such injunction shall not be deprived of any damages that may be awarded to him for loss sustained by him as a result of the infringement or imminent infringement of his rights under this Act.

(3) Where a person sustains damage by reason of an infringement of his rights under this Act, he may bring an action against the person who infringed his rights notwithstanding that such person has already been successfully prosecuted under this Act.

Criminal sanctions
40. (1) Any person who knowingly infringes any right vested in any person under this Act is guilty of an offence and is liable on summary conviction to a fine of two thousand dollars or to imprisonment for a term of twelve months or to both such fine and imprisonment.

(2) If the offence under subsection (1) is a continuing offence, the offender is liable to an additional fine of two hundred dollars for each day or part thereof during which the offence continues.

Fraud on performer
41. (1) A person is guilty of an offence who, not being the performer or person authorised by the performer to give consent on his behalf, purports to consent as or on behalf of the performer

(a) to the making of a broadcast of the performance of that performer; or 

(b) to the making of a fixation of the broadcast of that performance of the performer. 

(2) A person who is guilty of an offence under subsection (1) is liable on summary conviction to a fine of two thousand dollars or to inprisonment for a term of twelve months or to both such fine and imprisonment.

Folklore offence
42. Any person who, without the written consent of the Minister, knowingly imports in St. Vincent and the Grenadines, sells, offers or exposes for sale or distributes in St. Vincent and the Grenadines any copies made outside St. Vincent and the Grenadines of any work of Vincentian folklore or any translation, adaptation, arrangement or other work of transformation of Vincentian folklore is guilty of an offence and is liable on summary conviction to a fine of two thousand dollars or to imprisonment for a term of twelve months, or to both such fine and imprisonment.

Compensation
43. In addition to any punishment imposed by a court in respect of a prosecution of an offence under section 40, 41 or 42, the court may order

(a) that all amounts arising out of the offence and received by the accused be accounted for by him and paid to the persons entitled under this Act to those amounts; and 

(b) that all copies, recordings, reproductions, duplications and other infringing material obtained from and comprising the basis of the offence be seized and disposed of as the court may direct, having regard to all the circumstances of the case and to the persons whose rights were infringed and to the extent of that infringement. 

Limitation
44. A prosecution for an offence under section 40, 41 or 42 may be brought at any time within five years from the date the offence was committed, or the last date on which the continuing offence was committed.

Reciprocity
45. The Minister may, by order, provide for reciprocal treatment in relation to those rights to which this Act relates, to be given to any country that provides protection for similar rights in respect of St. Vincent and the Grenadines as provided for by this Act.

Regulations
46. The Minister may make regulations with regards to

(a) the administration of matters relating to the rights to which this Act relates; 

(b) the collection of royalties and distribution thereof to persons entitled thereto; and 

(c) any matter that is necessary for the effective operation of this Act. 

Crown bound by Act
47. The Crown shall be bound by this Act.

Repeal of Act No. 22 of 1954
48. The Copyright Act, 1954 is hereby repealed.

Continue on to First Schedule (Section 9)


Regrese a la página de Legislación Nacional

 
countries sitemap a-z list governmental contact points