Copyright Act

Link to law: http://laws.gov.ag/acts/chapters/cap-104.pdf
Published: 1919

Copyr&ht (CAP. 104 1

CHAPTER 104

THE COPYRIGHT ACT

Arrangement of Sections
Section

1. Short title.
2. Penalties for dealing with infringing copies, &c.
3 . Modification of section 14 of 1 & 2 Geo. 5, Ch. 46 in

the application of that section to Antigua and
Barbuda.

SCHEDULE.

COPYRIGHT

(30th April, 1919.) 511919.
1111939.

S.R.O. 2211956.
1811989.

1. This Act may be cited as the Copyright Act. Short title.

2. (1) If any person knowingly- Penalties for dealing with
infringing copies, (a) makes for sale or hire any infringing copy of

a work in which copyright subsists; or

( 6 ) sells or lets for hire, or by way of trade exposes
or offers for sale or hire any infringing copy of any such
work; or

(6) distributes infringing copies of any such work
either for the purposes of trade or to such an extent
as to affect prejudicially the owner of the copyright; or

LAWS OF ANTIGUA AND BARBUDA

2 CAP. 104) Copyright

(d) by way of trade exhibits in public any infring-
ing copy of any such work; or

( e ) imports for sale or hire into Antigua and
Barbuda any infringing copy of any such work;

he shall be guilty of an offence under this Act and be liable
on summary conviction to a fine not exceeding one hundred
dollars for every copy dealt with in contravention of this sec-
tion, but not exceeding three thousand dollars in respect of
the same transaction; or, in the case of a second or subse-
quent offence, either to such fine or to imprisonment with
or without hard labour for a term not exceeding two months.

(2) If any person knowingly makes or has in his posses-
sion any plate for the purpose of making infringing copies
of any work in which copyright subsists, or knowingly and
for his private profit causes any such work to be performed
in public without the consent of the owner of the copyright,
he shall be guilty of an offence under this Act, and be liable
on summary conviction to a fine not exceeding three thou-
sand dollars, or, in the case of a second or subsequent offence,
either to such fine or to imprisonment with or without hard
labour for a term not exceeding two months.

(3) The Court before which any such proceedings are
taken may, whether the alleged offender is convicted or not,
order that all copies of the work or all plates in the posses-
sion of the alleged offender, which appear to it to be infring-
ing copies or plates for the purpose of making infringing
copies, be destroyed or delivered up to the owner of the
copyright or otherwise dealt with as the Court may think fit.

Modification of 3. For the purpose of the application of section four-
section 14 of 1 &
2 G ~ ~ . 5 , ~ h . 46 teen of the Copyright Act, 191 1, of the United Kingdom
in the
application of

to the importation into Antigua and Barbuda of works made
that section to O U ~ of Antigua and Barbuda so much of the said section as
Antigua and is comprised within the first six subsections shall be modified
Barbuda.
Schedule. so as to read as set out in the Schedule.

LAWS OF ANTIGUA AND BARBUDA

Copyright (CAP. 104

SCHEDULE S.3.

MODIFICATION O F SECTION 14 O F THE
COPYRIGHT ACT, 191 1, O F THE UNITED KINGDOM

IN T H E APPLICATION O F THAT SECTION T O
ANTIGUA AND BARBUDA.

14. (1) Copies made out of Antigua and Barbuda of any Importation of
work in which copyright subsists which if made in Antigua and
Barbuda would infringe copyright, and as to which the owner of
the copyright gives notice in writing by himself or his agent to
the Comptroller of Customs that he is desirous that such copies
should not be imported into Antigua and Barbuda shall be deem-
ed to be prohibited to be imported, and, if imported, shall subject
to the provisions of this section be deemed to be goods liable to
forfeiture under the Trade and Revenue Act, and the provisions
of the said Act relative to goods liable to forfeiture which are not
repugnant to the provisions or purpose of this Act shall apply
accordingly.

(2) Before any such copies are detained or any further pro-
ceedings with a view to the forfeiture thereof are taken under the
aforesaid Trade and Revenue Act, the Comptroller of Customs
may require the regulations under this section whether as to
information, conditions or other matters, to be complied with,
and may satisfy himself in accordance with those regulations that
the copies are such as are prohibited by this section to be imported.

(3) The Cabinet may make regulations, either general or
special, respecting the detention and forfeiture of copies the
importation of which is prohibited by this section and the condi-
tions, if any, to be fulfilled before such detention and forfeiture,
and may, by such regulations, determine the information, notices,
and security to be given, and the evidence requisite for any of
the purposes of this section, and the mode of verification of such
evidence.

(4) The regulations may apply to copies of all works the
importation of copies of which is prohibited by this section, or
different regulations may be made respecting different classes of
such works.

(5) The regulations may provide for the informant
re-imbursing the Comptroller of Customs all expenses and damages
incurred in respect of any detention made on his information,
and of any proceedings consequent on such detention.

LAWS OF ANTIGUA AND BARBUDA

4 CAP. 104) Copyright

(6) The regulations may provide that notices given to the
Commissioners of Customs and Excise of the United Kingdom
if communicated by them to the Comptroller of Customs shall
be deemed to have been given by the owner of the copyright to
the Comptroller of Customs.
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