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Intellectual Property Rights

NATIONAL LEGISLATION - TRINIDAD AND TOBAGO

The Copyright Act, 1997
Copyright and Neighboring Rights
(No 8 of 1997)

Table of Contents

Part I Preliminary
Short title and commencement
Act inconsistent with the Constitution
Interpretation
Application
Part II Copyright
Copyright and copyright works
Derivative works
Subject matter not protected
Nature of copyright
Private reproduction for personal purposes
Quotation
Reproduction for teaching
Reprographic reproduction by libraries and archives
Reproduction broadcasting and other communication to the public for informatory purposes
Reproduction and adaptation of computer programs
Importation for personal purposes
Display of works
Permitted use of artistic works situated in public
places
Part III Moral Rights
Moral Rights
Part IV Duration of Copyright and Moral Rights
Duration of copyright
Part V Neighbouring Rights
 (Protection of Performers, Producers of Sound Recordings and Broadcasting Organizations)
(Neighbouring rights subsisting in performances, sound recordings and broadcasts)
Acts requiring authorization of performers
Acts requiring authorization of producers of sound recordings
Equitable remuneration for use of sound recordings
Acts requiring authorization of broadcasting organizations
Limitations on protection
Part VI Ownership and Assignment
Original ownership of copyright and neighbouring rights
Original ownership of copyright and neighbouring rights by international organizations
Assignments and licences
Prospective ownership of author’s rights
Part VII  Infringement
Action — Definition of
Action by owner of rights for infringement
Action by exclusive licensee for infringement
Exercise of concurrent rights
Secondary infringements
Presumption of authorship and of representation of the author
Presumptions relevant to sound recordings, audiovisual works and computer programs
Presumptions relevant to works of the State
Part VIII Civil Remedies and Criminal Liability
Civil remedies for infringement
Wide injunction available to licensing bodies
Withdrawal of privilege against incrimination of self or spouse in infringement and related proceedings
Criminal liability for infringement
Offences by bodies corporate
Time limited for prosecution
Measures, remedies and sanctions against abuses in respect of technical means
Powers of police officers
Obstruction of police officers
Power to arrest without warrant
Provision for restricting importation of infringing copies
Part IX Special Jurisdiction of the Court
Definitions
Jurisdiction of Court
Procedure in proceedings before the Court
Disputes with licensing bodies
Rights of appeal
Part X Final Provisions
Scope of application of Act
Application of Act in relation to performers, sound recordings and broadcasts
Act No. 13 of 1985 repealed
Regulations
Savings

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