Copyright Act 2003

Link to law: http://laws.gov.ag/acts/2003/a2003-22.pdf

No. 22 of 2003. The Copyright Act, 2003. 1 ANTIGUA
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[ L.S. ]
I Assent,

James B. Carlisle,
Governor-General.

1 8th December, 2003.

ANTIGUA AND BARBUDA

No. 22 of 2003

AN ACT to make provision with respect to copyright, to confer
rights in performances on performers and other, to repeal the
Copyright Act Cap. 104 and the Copyright Act of 191 1 of the
United Kingdom in so far as it applies to Antigua and Barbuda
and for related matters.

[ 3lst December, 2003 ]

ENACTED by the Parliament of Antigua and Barbuda as
follows -

PARTI - P-ARY

1. (1) This Act may be cited as the Copyright Act, 2003. Short title and
Commenccmeitt

(2) The Act shall csme into force on a day to be appointed by
the Minister by notice published in the Gazette.

2. (1) In this Act - Interpretation.

"adaptation" meam -

(a) in relation to a literary or dramtic work -

(i) a translation of the work which, as re-
spec&? a computer program, inclades a

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version of the program in which it is con-
vened into or out of a computer language
or code or into a different computer lan-
guage or code, otherwise than inciden-
tally in the course of running the pro-
w;

(ii) a version of a dramatic work in which it
is converted into a non-dramatic work
or, as the case may be, of a non-dra-
matic work in which it is convened into
a dramatic work;

(iii) a version of a work in which the story or
action is conveyed wholly or mainly by
means of pictures in a form suitable for
reproduction in a book or in a newspa-
per, magazine or similar periodical;

(b) in relation to a musical work, an arrangement
or transcription of the work;

"article" in the context of an article in a periodical, includes
an item of any description;

"artistic work" means -

(a) a graphic work, photograph, sculpture or col-
lage, whether the work is of artistic quality or
not;

(b) a building or a model of a building, whether
the building or model is of artistic quality or
not; or

(c) a work of artistic craftsmanship to which nei-
ther paragraph (a) nor paragraph (b) applies;

"audiovisual work" is a work that consists of a series of
related images which impart the impression of motion, with
or without accompanying sounds, susceptible of being
made visible, and where accompanied by sounds suscep-
tible of being made audible.

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"author" in relation to a work, means the natural person
who creates it, being in relation to -

(a) a literary or dramatic work, the author of the
work;

(b) a musical work, the composer;

(c) an artistic work (other than a photograph) the
artist;

(d) a photograph, the person taking the photo-
graph;

(e) a sound recording or film, the person by whom
the arrangements necessary for the making of
the recording or film are undertaken;

Cf) the typographical arrangement of a published
edition, the publisher;

(g) a broadcast, the person making the broadcast
as described in section 4 (2) or, in the case of
a broadcast which relays another broadcast
by reception and immediate retransmission,
the person making that other broadcast;

(h) a cable programme, the person providing the
cable programme service in which the pro-
gramme is included;

(i) a computer-generated literary, dramatic, musi-
cal or artistic work, the person by whom the
arrangements necessary for the creation of
the work are undertaken, and in relationship
to a work of a joint authorship, references in
this Act to the author of a work shall, except
as otherwise provided, be construed as refer-
ences to all the authors of the work;

"broadcast" means the communication of a work a per-
formance or a phonogram to the public by a transmission
by wireless including transmission by satellite, sounds or
other information which -

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The Copyright Act, 2003. No. 22 of 2003.

(a) having regard to section 4, is capable of being
lawfully received by members of the public;
or

(b) is transmitted for presentation to members of
the public;

"to broadcast" means to transmit by wireless telegraphy
visual images or sounds, or both, for reception by the pub-
lic notwithstanding that -

(a) subsequent to the initial transmission, but
before reception by the public, the images or
sounds may be carried on a path provided by
a material substance;

(b) the public receiving or capable of receiving
the images or sounds is in a country other
than that from which the original transmis-
sion took place; or

(c) no member of the public actually received the
images or sounds, provided only that mem-
bers of the public could, if in possession of
suitable apparatus, receive them, and "broad-
casting" and "re-broadcasting" have corre-
sponding meanings;

"building" includes a fixed structure of any kind and a part
of a building or fured structure;

"business" includes a trade or profession;

"cable programme" means any item included in a cable
programme service, and any refaence in this Act -

(a) to the inclusion of a cable programme or work
in a cable programme service is a reference to
its transmission as part of the service; and

(b) to the person including a reference to the per-
son providing the service;

"cable programme service" raeaag a service which con-
sists M y or e y in sending visual images, sounds or

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other information by means of a telecommunications sys-
tem, otherwise than by wireless telegraphy, for reception-

(a) at two or more places (whether for simultane-
ous reception or at different times in response
to requests by different users); or

(b) for presentation to members of the public, and
which is not, or to the extent that it is not,
excepted by regulations made under this Act;

"collective work" means a work created by two or more
natural persons at the initiative and under the direction of
a natural person or legal entity, with the understanding
that it will be disclosed by the latter person or entity under
his or its own name and that the entity of the contributing
natural persons will not be indicated;

''communication to the public" is the transmission by wire
or without wire of the images or sounds, or both, of a work,
a performance, a phonogram or a broadcast in such a way
that the images or sounds can be perceived by persons
outside the normal circle of a family and its closest social
acquaintances at a place or places so distant from the place
where the transmission originates that, without the trans-
mission, the images or somds would not be perceivable
and, hther, irrespective of whether the persons can re-
ceive the images or sounds at the same place and time, or
at difFerent places andlor times individually chosen by
them;"

''wxnputer" means an electronic or similar device having
information processing capabilities;

"computer-generated work" means a work generated by a
colllputer in c -ws such that the work has no hu-
man ador;

" ~ t e r program" means a a of insl~~tions, whether
cxpmmd in wards or m schematic or other fonn, which is
capable, wben incorporated ma machine readable medium
rhot the eomgtrtrr can read, of causing an electronic or
c a b # ~ b r m h s g i n f a r r r r a t i o n ~ ~ t i c a t o
~ p a c & a n n r o t ~ c a ~ f t m c t i o n , t a s k o r
lllo3t;

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No. 22 of 2003.

"copy" in relation to -

(a) a work that is a literary, dramatic, musical or
artistic work, means a reproduction of the work
in any material form and, in respect of an artis-
tic work, includes a reproduction in three-di-
mensions if the artistic work is a two-dimen-
sional work and a reproduction in two-dimen-
sions if the artistic work is a three-dimensional
work

(b) a work that is a film, television broadcast or
cable programme, includes a photograph of
the whole or any substantial part of any im-
age forming part of the film, broadcast or ca-
ble programme;

(c) a work that is a typographical arrangement of
a published edition, means a facsimile copy of
the arrangement; and

(d) any description of work, includes a copy of
the work that is transient or incidental to some
other use of the work, and references to the
copying of a work of any description shall be
construed to include a reference to storing
the work in any medium by electronic means;

"copyright" means copyright conferred by Part I1 of this
Act;

"Copyright Tribunal" or "Tribunal" means the Tribunal
established under section 103;

"country" includes any territory;

"distribution" means the distribution to the public, for com-
mercial purposes, of copies of a work by way of rental,
lease, hire, loan or similar arrangement and "distributing"
has a corresponding meaning;

"dramatic work includes a work of dance or mime:

"educational establishment" means any school, college or
other educational body designated by the Minister by or-

No. 22 of 2003. The Copyright Act, 2003. 7 ANTIGUA
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der either specifically or by reference to a class, for the
purposes of this Act;

"economic rights" means the rights mentioned in section
9(1);

"exclusive licence" means a licence in writing signed by or
on behalf of the owner of copyright in a work authorizing
the licensee, to the exclusion of all other persons, includ-
ing the person granting the licence, to exercise a right which
would otherwise be exercisable exclusively by the owner
of the copyright;

"exclusive recording contract" means a contract between
a performer and another person under which that person is
entitled, to the exclusion of all other persons, including the
performer, to make recordings of one or more of his per-
formances with a view to their being shown or played in
public, sold, let for hire or otherwise commercially exploited;

"film" means a recording on any medium from which a
moving image may by any means be produced;

"future copyright" means copyright which will or may come
into existence in respect of any future work or class of
works or on the occurrence of a future event, and "pro-
spective owner" shall be construed accordingly and, in
relation to any such copyright, includes a person prospec-
tively entitled thereto by virtue of such an agreement as is
mentioned in section 24;

"graphic work" includes -

(a) any painting, drawing, diagram, map, chart, or
plan; and

(b) any engraving, etching, lithograph, woodcut
or similar work;

"illicit recording" in relation to a performance means a re-
cording wherever made, the making of which constitutes
an infringement of the rights conferred on the performer or
a person having recording rights in relation to the perform-
ance pursuant to Part IX, and which does not fall within

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The Copyright Act, 2003. No. 22 of 2003.

any of the exceptions specified in or authorized pursuant
to any provision of that Part;

"infringing copy" in relation to a pr tected work mans - \
(a) any copy of the work, the baking of which is

not authorized under or by virtue of any pro-
vision of this Act;

(b) any copy of the work that is or is proposed to
be imported into Antigua and Barbuda and its
making in Antigua and Barbuda would have
constituted an infringement of the copyright
in the work in question or a breach of an ex-
clusive licence agreement relating to that work;

"literary work" means any work, other than a dramatic or
musical work, which is written, spoken or sung, and ac-
cordingly includes -

(a) a written table or compilation;

(b) a computer program;

"manuscript" in relation to a work, means the original docu-
ment embodying the work whether written by hand or not;

"Minister" means the Minister to whom responsibility of
this Act is assigned.

"musical work" means a work consisting of music, exclu-
sive of any words or action intended to be sung, spoken or
performed with the music;

"performer" means any actor, singer, musician, dancer or
other person who acts, signs, depicts, delivers, declaims,
plays in or otherwise performs, a literary, dramatic, musical,
artistic work or expressions of folklore; and references to
the performer in the contest of the person having perform-
er's rights, shall be construed to include references to the
person who, pursuant to any provision of this Act, is for
the time being entitled to exercise those rights;

"performance" in relation to -

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(a) the rights conferred under Part IX, means -

(i) a dramatic performance which includes
dance and mime;

(ii) a musical performance; or

(iii) a reading or recitation of a literary work;

(iv) a performance of a variety act or any
similar presentation, that is, or to the
extent that it is, a live performance, given
by one or more individuals; and

(b) copyright in a literary, dramatic or musical work
includes -

(i) delivery in the case of lectures, ad-
dresses, speeches and sermons;

(ii) any mode of visual acoustic presenta-
tion including presentation by means
of a sound recording, film, broadcast or
cable programme of the work;

"person having recording rights" in relation to a perform-
ance means a person who -

(a) is a party to, and has the benefit of, an exclu-
sive recording contract to which the perforrn-
ance is subject or to whom the benefit of such
a contract has been assigned; and

(b) is a qualified person,

so, however, that where a performance is subject to an
exclusive recording contract but the person mentioned in
paragraph (a) is not a qualified person, the expression
shall be deemed to extend to any qualified person who is
licensed by the person mentioned in paragraph (a) to make
recordings of the performance with a view to their being
shown or played in public, sold, let for hire or otherwise
commercially exploited or to whom the benefit of such a
licence has been assigned;

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"photographic work" means a recording of light or other
&tion on any medium on which an image is produced or
from which an image may by any means be produced irre-
spective of the technique (technical, electronic or other)
by which such recording is made, and which is not part of
a a still picture ektracted from audiovisual work shall
not be considered a photographic work but a part of the
audiovisual work concemd,

"place of public entertainment" includes any premises
which are from time to time made available for hire to such
persons as may desire to hire them for purposes of public
entertainment, including'premises that are occupied mainly
for other purposes;

"prospective owner" has the meaning assigned to it in the
definition of "future copyright";

"public perfoxmance" is -

(a) in the case of a work other than an audio-
visual work, the recitation, playing, dancing,
acting or otherwise performing the work, ei-
ther directly or by means of any device or
process;

(b) in the case of an audiovisual work, the show-
ing of images in sequence and the making of
accompanying sounds audible; and

(c) in the case of a sound recording, making the
recording sounds audible, in each case at a
place or at places where persons outside the
normal circle of a family and its closest ac-
quaintances are or can be present, irrespec-
tive of whether they are or can be present at
the same place and time, or at different places
andlor times, and where the performance can
be perceived without the need for communi-
cation to the public;"

L'publication" and "commercial publication" have the mean-
ing assigned to those expressions, respectively, by sec-
tion 3;

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"published edition" in relation to copyright in the typo-
graphical arrangement of a published edition, means the
published edition of the whole or any part of one or more
literary, dramatic, musical, or artistic works;

"qualified person" -

(a) in the case of an individual, means a person
who is a citizen of, or whose habitual resi-
dence is in, Antigua and Barbuda or a speci-
fied country; and

(b) in the case of a body corporate, means a body
incorporated or established under any written
law of Antigua and Barbuda or a specified
country;

"quallfymg performance" means a performance that -

(a) is given by an individual who is a qualified
person; or

(b) takes place in Antigua and Barbuda or a speci-
fied county;

"record" means any disc, tape, perforated roll or other de-
vice in which sounds on the representations thereof are
embodied so as to be capable of being reproduced there
from, other than a soundtrack associated with a film, but
includes, in relation to a performance, a film incorporating
the performance;

"recording" in relation to a performance means a film or
sound recording -

(a) made directly from the live performance;

(b) made from a broadcast of, or cable programme
including, the performance; or

(c) made directly or indirectly from another re-
cording of the performance;

"rental" means any arrangement under which the transfer

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No. 220f 2003.

of the possession of the original or a copy of a work or
phonogram is made available -

(a) for payment in money or money's worth; or

(b) in the course of a business, as part of services
or amenities for which payment is made,

on terms that it will or may be returned;

"reproduction" means the making of one or more copies of
a work or phonogram in any manner or form, including any
permanent or temporary storage of the work or phonogram
in electronic form;

"reprographic process" means a process -

(a) for making facsimile copies; or

(b) involving the use of an appliance for making
multiple copies,

and, in relation to a work held in electronic form, includes
any copying by electronic means, but does not include the
making of a film or sound recording;

"rights management information" means any information
which identifies the author, the work, the performer, the
performance of the performer, the producer of the sound
recording, the sound recording, the broadcaster, the broad-
cast, the owner of any right under this Act, or information
about the terms and conditions of use of the work, the
performance, the sound recording or the broadcast, and
any numbers or codes that represent such information,
when any of these items of information is attached to a
copy of a work, a fixed performance, a sound recording or
a fixed broadcast, or appears in connection with the broad-
casting, communication to the public or making available
to the public of a work, a fixed performance, a sound re-
cording or a broadcast;"

"sculpture" includes a cast or model made for purposes of
sculpture;

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"sound recording" means -

(a) a recording of sounds or of a representation
of sounds from which sounds may be repro-
duced; or

(b) a recording of the whole or any part of a liter-
ary, dramatic or musical work from which
sounds reproducing the work or part may be
produced,

regardless of the medium on which the recording is made
or the method by which the sounds are reproduced or
produced;

"specified country9'means a country specified by the Min-
ister by order pursuant to section 144;

"telecommunications system" means a system for convey-
ing visual images, sounds or other information by elec-
tronic means;

"typeface" includes an ornamental motif used in printing;

"unauthorized" when used to describe any act done in
relation to a work, means -

(a) if copyright subsists in the work, done other-
wise than by or with the licence of the owner
of the copyright;

(b) if copyright does not subsist in the work, done
otherwise than by or with the licence of the
author or person lawfully claiming under him,

"wircltss telegraphy" means the sending of electromag-
nctic energy over paths not provided by a material sub-
r&ace canstructed or arranged for that purpose;

(a) a ~ , ~ t i c , m u s i c a l o r e r t i s t i c w o t k ,

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The Copyright Act, 2003. No. 22 of 2003.

(c) the typographical arrangement of a published
edition,

and accordingly "protected work" means a work of any of
such categories in which copyright subsists by virtue of
this Act;

"work of joint authorship" means a work produced by the
collaboration of two or more authors in which the contri-
bution of each author is not separate from the contribution
of the other author or authors; provided the work does not
qualify under collective work.

"writing" includes any form of notation, whether by hand
or by printing, typewriting or any other process and re-
gardless of the method by which or the medium in or on
which it is recorded, and "written" shall be construed ac-
cordingly.

(2) References in this Act to the time at which, or the period
during which, a work was made are references to the time or
period at or during which it was f ~ s t written down, recorded or
expressed in some other material fonn.

Publication. 3. (1) For the purposes of this Act and subject to this section
publication in relation to a work means the issue of copies of the
work to the public (whether by way of sale or otherwise) and,
where the work is a literary, musical, dramatic or artistic work, the
making available of copies to the public by means of an elec-
tronic retrieval system; and all related expressions shall be con-
strued accordingly.

(2) For the purposes of this Act "commercial publication" in
relation to a literary, dramatic, musical or artistic work means -

(a) issuing copies of the work to the public at a time
when copies made in advance of the receipt of or-
ders are generally available to the public; or

(b) rnalung the work available to the public by means of
an electronic retrieval system,

and related expressions shall be construed accordingly.

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(3) In the case bf a work of architecture in the form of a
building or an artistic work incorporated in a building, construc-
tion of the building shall be treated as equivalent to publication
of the work.

(4) The following do not constitute publication for the pur-
poses of this Act -

(a) in case of a literary, dramatic or musical work-

@ the performance of the work; or

(iii the broadcasting of the work or its inclusion
in a cable programme service (otherwise than
for the purposes of an electronic retrieval sys-
tem);

(b) in the case of an artistic work -

(i) the exhibition of the work;

( i the issue to the public of copies of a graphic
work representing, or of photographs of a work
of architecture in the form of a building or a
model for a building a sculpture or a work of
artistic craftsmanship;

(iii) the issue to the public of copies of a film in-
cluding the work; or

(iv) the broadcasting of the work or its inclusion
in a cable programme service (otherwise than
for the purposes of an electronic retrieval sys-
tem);

(c) in the case of a sound recording or film -

(i) the playing or showing of the work in public;
or

(ii) the broadcasting of the work or its inclusion
in a cable programme service.

(5) A publication that is merely colourable and is not in-
tended to satisfy the reasonable requirements of the public shall

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No. 22 of 2003.

be disregarded for the purposes of this Act except in so far as it
may constitute an infringement of copyright or rights conferred
on performers or persons having recording rights or may
constitute an offence under this Act.

(6) For the purposes of this Act a publication in Antigua and
Barbuda or in any other country shall not be treated as being
other than the first publication by reason only of an earlier pub-
lication elsewhere, if the two publications took place within a
period of not more than thirty days.

(7) In determining for the purposes of any provision of this
Act -

(a) whether a work has been published;

(b) whether a publication of a work was the fmt publica-
tion of the work; or

(c) whether a work was published or otherwise dealt
with in the lifetime of a person,

any unauthorized publication or the doing of any other unau-
thorized act shall be disregarded.

Lawful reception 4. (1) In relation to the broadcast of a work, an encrypted
of broadcast. transmission shall be regarded as capable of being lawfully re-

ceived by members of the public only if decoding equipment
has been made available to members of the public by or with the
authority of the person making the transmission or the person
providing the contents of the transmission.

(2) References in this Act to the person making a broadcast,
broadcasting a work or including a work in a broadcast are refer-
ences -

(a) to the person transmitting the programme to the ex-
tent that he has responsibility for its contents; and

(b) to any person providing the programme who makes
with the person transmitting it, the armngements nec-
essary for its transmission,

and references in this Act to a programme, in the context of
broadcasting, are to any item included in a broadcast.

No. 22 of 2003. The Copyright Act, 2003. 17 ANTIGUA
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Protected Work

5. (1) Unless otherwise specifically provided in this Act, copy- Requirements for
right does not subsist in any work unless it satisfies the require- protection.
ments specified in this Part as respects -

(a) the category of work; and

(b) either-

( the qualification of the author; or

(iii the country or place of first publication, or in
the case of a broadcast or cable programme,
the county or place where it is made or from
which it is sent, as the case may be.

(2) If the requirements of this Part or of section 146 are once
satisfied in respect of a work, copyright does not cease to sub-
sist by reason of any subsequent event.

6. (1) Copyright is a property right which, subject to the Category of eligi-
provisions of this section, may subsist in the following catego- ble works.
ries of work -

(a) original literary, dramatic, musical or artistic works;

(b) sound recordings, films' broadcasts or cable pro-
grammes;

(c) typographical arrangements of published editions,

and copyright may subsist in a work irrespective of its quality or
the purpose for which it was created.

(2) A compilation of data or other material (database), whether
in machine-readable or other form, is eligible for protection as a
literary work, but such compilation shall be regarded as original
only if, by reason of the selection otarrangement of its con-
tents, the compilation constitutes the author's own intellectual
creation; but such protection does not e x h d to any data or
other material forming part of the compilation and is without

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prejudice to any copyright subsisting in any such data or other
material.

(3) A literary, dramatic or musical work including a collection
of expressions of folklore (provided that such collections are
original by reason of the selection or arrangement of their con-
tent) shall not be eligible for copyright protection unless it is
recorded in writing or otherwise, and any reference in this Act to
the time at which a work is made is a reference to the time at
which it is so recorded.

(4) For the purposes of subsection (3), it is immaterial whether
the work is recorded by or with the permission of the author;
and where it is not recorded by the author, nothing in that sub-
section shall affect the question whether copyright subsists in
the record of the work as distinct from the work recorded.

(5) Copyright does not subsist in a sound recording or film
which is, or to the extent that it is, a copy taken from a previous
sound recording or film.

(6) Copyright does not subsist in a broadcast which infringes,
or to the extent that it infringes, the copyright in another broad-
cast or in a cable programme.

(7) Copyright does not subsist in a cable programme -

(a) if it is included in a cable programme service by re-
ception and immediate re-transmission of a broad-
cast; or

(b) if it infringes, or to the extent that it infringes, the
copyright in another cable programme or in a broad-
cast.

(8) Copyright does not subsist in the typographical arrange-
ment of a published edition if, or to the extent that it reproduces
the typographical arrangement of a previous edition.

(9) Copyright protection does not extend to -

(a) an idea, concept, method of operation, process, prin-
ciple, procedure, system or discovery or mere data

No. 22 of 2003. The Copyright Act, 2003. 19 ANTIGUA
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even if expressed, described, explained, illustrated
or embodied in a work;

(b) any official text of a legislative, administrative or le-
gal nature as well as any official translation thereof.

7. (1) A work qualifies for copyright protection if the author Qualification for
was a qualified person at the material time. protection:

author.

(2) A work ofjoint authorship qualifies for copyright protec-
tion if any of the authors satisfies the requirement of subsection
(I), so, however, that where a work qualifies for copyright pro-
tection only under this section, only those authors who satisfy
such requirement shall be taken into account for the purposes
of sections 9 and 22.

(3) In this section 'the material time" means in relation to -

(a) an unpublished literary, dramatic, musical or artistic
work, when the work was made or, if the work ex-
tended over a period, a substantial part of that pe-
riod;

(b) a published literary, dramatic, musical or artistic work,
when the work was first published or, if the author
had died before that time, immediately before his
death;

(c) a sound recording or film, when it was made;

(d) a broadcast, when the broadcast was made;

(e) a cable programme, when the programme was in-
cluded in a cable programme service;

@ the typographical arrangement of a published edi-
tion, when the edition was first published.

8. (1) A literary, dramatic, musical or artistic work, a sound Qualification for
recording or film, or the typographical arrangement of a pub- protecfion:place

of publication
lished edition qualifies for copyright protection if, having re- etc,
gard to section 3, it is first published in Antigua and Barbuda or
a specified country.

ANTIGUA 20 The Copyright Act, 2003. No. 22 of 2003.
AND

BARBUDA

(2) A broadcast qualifies for copyright protection if it is made
from a place in Antigua and Barbuda or a specified country by a
broadcasting organization in possession of a valid licence granted
to it under any law in Antigua and Barbuda or a specified coun-
try regulating broadcasting.

(3) A cable programme qualifies for copyright protection if it
is sent from a place in Antigua and Barbuda or in a specified
country in accordance with the law in force regulating transmis-
sion by cable.

Nature of 9. (1) By virtue of and subject to the provisions of this Act,
copyrightprotec- the owner of the copyright in a work shall have the exclusive
tion economic
and moral rights. right to do or to authorize other persons to do any of the follow-

ing acts in Antigua and Barbuda

(a) to copy the work;

(b) to issue copies of the work to the public by sale,
rental public lending or otherwise of original or copy
of the work that has not already been subject to
distribution authorized by the owner of the copy-
right;

(c) to rent or lend to the public the original or a copy of
an audio visual work, a work embodied in a phono-
gram, a computer programme, a database or musical
work in the form of notation irrespective of the origi-
nal or copy concerned;

(d) to perform the work in public or, in the case of a
sound recording, film broadcast or cable programme,
to play or show the work in public;

(e) to broadcast the work or include it in a cable pro-
gramme service; or

fl to make an adaptation of the work arrangement or
other transformation and, in relation to such adapta-
tion, to do any or all of the foregoing acts;

(g) to make a public display of the original or copy of the
work;

(h) other communication to the public of the work.

No. 22 of 2003. The Copyright Act, 2003. 2 1 ANTIGUA
AND

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(2) For the purposes of subsection (1) references to the
doing of any act in relation to any work means the doing of the
act -

(a) in relation to the whole or any substantial part of the
work; and

(b) either directly or indirectly,

and it is inlnlaterial whether any intervening acts themselves in-
fringe copyright.

(3) By virtue of and subject to the provisions of this Act -

(a) the author of a literary, dramatic, musical or artistic
work that is a protected work; or

(b) the director of a film that is a protected work, shall
have in respect of such work, whether or not he is
the owner of the copyright in the work, the moral
rights specified in Part 111.

Duration of Copyright Protection

10. (1) Subject to this section, copyright in any literary, dra- Duration of
matic, musical or artistic work expires at the end of the period of copyright in
fifty years from the end of the calendar year in which the author ~ ~ ~ ~ ~ Y ' " ~ .
die& -_

(2) Where the authorship of a work referred to in subsection
(1) is unknown, copyright in that work expires at the end of the
period of fifty years from the end of the calendar year in which
the work was either made, was first made available to the public
or first published whatever date is the latest, but subsection (1)
applies if the identity of the author becomes known during that
period.

(3) For the purpose of subsection (2) acts which constitute
the making available of a work to the public include -

(a) in relation to a literary, dramatic or musical work, the
performance of the work in public or is broadcast or
inclusion in a cable programme service;

ANTIGUA 22 The Copyright Act, 2003. No. 22 of 2003.
AND

BARBUDA

(b) in relation to an artistic work, exhibition of the work
in public or its inclusion in a film shown to the public
or in a broadcast or cable programme sewice,

so, however, that in determining for the purpose of this subsec-
tion whether a work has been made available to the public any
unauthorized act shall be disregarded.

(4) Subsections (1) and (2) do not apply to computer gener-
ated work, the copyright in which expires at the end of the pe-
riod of the fifty years from the end of the calendar year in which
the work was made or published within fifty years from the mak-
ing, whichever date is the latest.

(5) In relation to a work joint authorship -

(a) the reference in subsection (1) to the death of the
author shall be construed -

(i) where the identity of all the authors is known,
as a reference to the death of the last of them
to die;

(ii) where the identity of one or more of the au-
thors is known and the identity of one or more
others is not as a reference to the death of the
last of the authors whose identity is know;
and

(b) the reference in subsection (2) to the identity of the
author becoming known, shall be construed as a ref-
erence to the identity of any of the authors beconl-
ing known.

(6) This section does not apply to copyright which subsists
by virtue of section 146.

Duratlon of 11. (1) Copyright in a sound recording or film expires at the
in end of the period of fifty years from the end of the calendar year

sound recordings
and films. in which it was made or, where it is made available to the public

or published before the end of the years from the end of the
calendar year in which it is so made available or published which-
ever date is the latest.

No. 22 of 2003. The Copyright Act, 2003. 23 ANTIGUA
AND

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(2) For the purposes of subsection (1) a sound recording or
film is made available to the public when -

(a) it is fust published, broadcast or included in a cable
programme service;

(b) in the case of a film or film sound-track, the film is
fust shown inpublic,

but determining whether a sound recording or film has been made
available to the public, any unauthorized act shall be disregarded.

12. (1) Copyright in a broadcast or cable programme ex- Duration of
pires at the end of the period of fifty years from the end of the copyright in

broadcasts and calendar year in whch the broadcast was made or the programme cable pro-
included in a cable programme service. grammes.

(2) Copyright in a repeat broadcast or a repeat cable pro-
gramme expires at the same time as copyright in the original
broadcast or cable programme; and accordingly, no copyright
arises in respect of a repeat broadcast or a repeat cable pro-
gramme service after the expiry of the copyright in the original
broadcast or cable programme.

(3) Reference in subsection (2) to a repeat broadcast or a
repeat programme means one which is a repeat of a broadcast
previously made or as the case may be, of a cable programme
previously included in a cable programme service.

13. Copyright in the typographical arrangement of a pub- Duration of
lished edition expires at the end of the period o'f twenty-five copyright in
years from the end of the calendar year in which the edition was typographical

arrangements.
first published.

PART III - MORAL RIGJ3TS

Identification with Work

14. (1) Subject to subsection (9) and to such exceptions as Right to be identi-
may be specified in or pursuant to any other provision of this fied as author etc.
Act, the author of a literary, dramatic, musical.or artistic work
that is a protected work and the director of a film that is a pro-
tected work have, respectively, the right to be identified by name
as the author or, as the case may be, director of the work in the
circumstances specified in this section.

ANTIGUA 24 The Copyright Act, 2003.
AND

BARBUDA

No. 22 of 2003,

(2) The author of a literary work (other than words intended
to be sung or spoken with music) or a dramatic work has the
right to be identified by name as such whenever -

(a) the work or an adaptation thereof is published com-
mercially, performed in public broadcast, communi-
cated to the public or included in a cable programme
service; or

(b) copies of a film or sound recording including the
work or an adaptation thereof are issued to the pub-
lic.

(3) The author of a musical work or a literary work consist-
ing of words intended to be sung or spoken with music, has the
right to be identified by name as such whenever -

(a) the work or an adaptation thereof is published com-
mercially;

(b) copies of a sound recording of the work or an adap-
tation thereof are issued to the public; or

(c) a film, the sound-track of which includes the work, is
shown in public or copies of such film are issued to
the public.

(4) The author of an artistic work has the right to be identi-
fied by name as such whenever -

(a) the work is published commercially or exhibited in
public or a visual image of it is broadcast, communi-
cated to the public or included in a cable programme
service;

(b) a film including a visual image of the work is shown
in public or copies of such a film are issued to the
public; or

(c) in the case of a work of architecture in the form of a
building or a model for a building, a sculpture or a
work of artistic craftsmanship, copies of a graphic
work representing it or of a photograph of it, are
issued to the public.

No. 22 of 2003. The Copyright Act, 2003. 25 ANTIGUA
AND

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(5) In addition to the right specified in paragraph (c) of sub-
section (4), the author of a work of architecture in the form of a
building has the right to be identified by name on the building as
constructed or, where more than one building is constructed to
the design, on the first to be constructed.

(6) The director of a film has the right to be identified by name
as such whenever the film is shown in public, broadcast, com-
municated to the public or included in a cable programme serv-
ice or copies of the film are issued to the public.

(7) The right of an author or director under this section is -

(a) in the case of commercial publication or the issue to
the public of copies of a film or sound recording, to
be identified in or on each copy or, if that is not
appropriate, in some other manner likely to bring his
identity to the notice of a person acquiring a copy;

(b) in the case of identification on a building, to be iden-
tified by appropriate means visible to persons enter-
ing or approaching the building; and

(c) in any other case, to be identified in a manner likely
to bring his identity to the attention of a person see-
ing or hearing the performance, exhibition, film,
broadcast, communicated to the public or cable pro-
gramme in question,

and the identification must, in each case, be clear and reason-
ably prominent.

(8) For the purposes of this section, any reasonable form of
identification may be used.

(9) Except as may otherwise be explicitly provided by con-
tract, the right conferred by this section does not apply in rela-
tion to -

(a) a computer program, the design of a typeface or a
computer-generated work;

(b) any work made for the purpose of reporting current
events;

ANTIGUA 26 The Copyright Act, 2003.
AND

BARBUDA

No. 22 of 2003.

(c) the publication in a newspaper, magazine or similar
periodical or in an encyclopaedia, dictionary, year-
book or other collective work o f reference, of a liter-
ary;drarnatic, musical or artistic work made for the
purposes of such publication or made available with
the consent of the author for purposes of such pub-
lication;

(d) a work in which copyright originally vested in an
international organization by virtue of section 146,
unless the author or director has previously been
identified as such in or on published copies of the
work.

(10) For the purpose of this section the right to be identified
includes a right not to be identified and the right to use a pseu-
donym.

Objection to Treatment of Work

Right to ob~ect to 15. (1) Subject to subsections (2) and (3) and to such excep-
derogatory tions as may be specified in or pursuant to any other provision
treatment of
work. of this Act, the author of a literary dramatic, musical or artistic

work that is a protected work and the director of a film that is a
protected work have, respectively, the right not to have the
work or any part thereof subjected to derogatory treatment, and
such right is infnnged by any person who does any of the acts
specified in section 37 in the circumstances of so specified.

(2) The right does not apply in relation to -

(a) a computer program or to a computer-generated work;

(b) fair dealing with any work made for the purpose of
reporting current events;

(c) the publication in any newspaper, magazine or simi-
lar periodical or in an encyclopaedia, dictionary, year-
book or other collective work of reference, of a liter-
ary, dramatic musical or artistic work made for the
purposes of such publication, or made available with
the consent of the author for the purposes of such
publication, subject, in any particular case, to any

No. 22 of 2003. The Copyright Act, 2003. 27 ANTIGUA
AND

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agreement excluding the operation of the foregoing
provisions of this paragraph to that case;

(d) any subsequent publication elsewhere of such work
as is referred to in paragraph (c), subject to any such
agreement as is referred to in that paragraph.

(3) The right does not apply to anythmg done by or with the
authority of the copyright owner in relation to works in which
copyright originally vested in an international organization by
virtue of section 146 unless the author or director -

(a) is identified at the time of the relevant act; or

(b) has previously been identified in or on published
copies of the work, and where in such a case the
right does apply, it is not infringed if there is a suffi-
cient disclaimer.

(4) In this section -

(a) "derogatory treatment" in relation to a work, means
any addition to, deletion from, alteration to or adap-
tation of the work (not being a translation of a liter-
ary or dramatic work or an arrangement or transcrip-
tion of a musical work involving no more than a
change of key or register) which amounts to a distor-
tion or mutilation of the work, or modification of, or
is otherwise prejudicial to the honour or reputation
of the author or director, as the case rnay be; and

(b) "sufficient disclaimer" means a clear and reasonably
prominent indication -

(i) given at the time of the act; and

(ii) if the author or director is then identified, ap-
pearing along with the identification,

that the work has been subjected to treatment to which the
author or director has not consented.

16. (1) A person has the right - False attribution
of work.

ANTIGUA
AND

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Right to privacy
of photographs
and films.

Duration of
moral rights and
related rights.

Consent and
waiver of rights.

28 The Copyright Act, 2003. No. 22 of 2003.

(a) not to have a literary, dramatic, musical or artistic
work falsely attributed to him as author; and

(b) not to have a film falsely attributed to him as director,
and in this section "attribution", in relation to such
work, means a statement, whether express or implied,
as to the identity of the author or director.

(2) The right conferred by subsection (1) is infringed in the
circumstances specified in section 40.

17. Subject to section 41, a person who for private and do-
mestic purposes commissions the taking of a photograph or the
making of a film has, where the resulting work is a protected
work, the right not to have-

(a) copies of the work issued to the public;

(b) the work exhibited or shown in public; or

(c) the work broadcast or included in a cable programme
service.

Supplementary

18. (1) The rights conferred by sections 14, 15 and 17 sub-
sists so long as copyright subsists in the work.

(2) The right conferred by section 16 subsists until the end of
the period of twenty years from the end of the calendar year in
wh6h the person dies.

19. (1) A person having a right conferred under this Part may
consent to the doing of any act affecting such right or may
waive the right.

(2) A right to which subsection (1) refers may be waived by
instrument in writing signed by the person giving up the right,
and the waiver -

(a) may relate tqworks generally or to a specific work or
class of works and may relate to existing or future
works; and

No. 22 of 2003. The Copyright Act, 2003. 29 ANTIGUA
AND

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(b) may be conditional or unconditional and may be
expressed to be subject to revocation.

(3) Where a waiver is made in favour of the owner or prospec-
tive owner of the copyright in the work or works, to which it
relates, it shall be presumed to extend to his licensees and suc-
cessors in title, unless a contrary intention is expressed.

(4) Nothing in this Part shall be construed as excluding the
operation of the general law of contract or estoppel in relation to
an informal waiver or other transaction in relation to any of the
rights to which this Part relates.

20. (1) The right conferred under section 14 is, in the case of Application of
a work of joint authorship, a right of each joint author to be provisions
identified as a joint author. joint works.

(2) The right conferred by section 15 is, in the case of a work
of authorship, a right of each joint author and his right is satis-
fied if he consents to the treatment in question.

(3) A waiver of rights under section 19 by one joint author
does not affect the rights of the other joint authors.

(4) Subsections (11, (2) and (3) also apply, with such modifi-
cations as are necessary, in relation to a film which was, or is
alleged to have been, jointly directed as they apply to a work
which is, or alleged to be, a work of joint authorship; and for the
purpose of this subsection, a film is "jointly directed" if it is
made by the collaboration of two or more directors and the con-
tribution of each director is not distinct from that of the other
director or directors.

(5) The right conferred by section 17 is, in the case of a work
made in pursuance of a joint commission, a right of each person
who commissioned the making of the work, so that -

(a) the right of each is satisfied if he consents to the act
in question; and

(b) a waiver under section 19 by one of them does not
affect the rights in the others.

ANTIGUA
AND

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Application of
provisions to
parts of work.

Ownership of
copyright.

Assignment and
licences.

The Copyright Act, 2003. No. 22 of 203.

21. The rights conferred by -

(a) sections 14 and 17 apply in relation to the whole or
any substantial part of a work; and

(b) sections 15 and 16 apply in relation to the whole or
any part of a work.

PART IV- OWNERSHIP AND ASSIGNMENT OF RIGHTS

Ownership of Copyright

22. (1) The author of a protected work is the original owner
of any copyright in that work.

(2) Subsection (1) does not apply to ownership of copyright
which subsists in a work made under section 146.

(3) The joint authors of a protected work are the original co-
owners of the copyright in that work.

(4) Where a work of joint authorship consists of parts that
can be used separately and the author of each part can be iden-
tified, the author of each part is the original owner of the part of
the copy he has created.

(5) The natural person or legal entity at whose initiative and
direction of whom or which the work has been created is the
original owner of the copyright.

(6) The original owner of work created by natural person or a
legal entity in the course of his employment is, unless otherwise
provided in a contract, of the employer.

(7) The original owner of an audiovisual work is the producer
unless otherwise provided in a contract.

23. (1) Copyright in a work may be transferred as personal or
moveable property by -

(a) assignment;

(b) testamentary disposition; or

No. 22 of 2003. The Copyright Act, 2003. 3 1 ANTIGUA
AND

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(c) operation of law.

(2) Any transfer by way of assignment and any licence to
do an Act subject to the authorization by the author or owner of
a copyright shall not be effective unless it is in writing and
signed by or on behalf of the assignor or the licensor and the
licensee.

(3) An assignment or other transfer of copyright may be par-
tial, that is to say, limited so as to apply -

(a) to one or more, but not all, of the things the owner of
the copyright has the exclusive right to do;

(b) to part, but not the whole, of the period for which
copyright subsists.

(4) A licence granted by the owner of copyright in a work
shall be binding on every successor in title to his interest in
copyright except a purchaser in good faith for valuable consid-
eration 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.

I (5) Any assignment of a copyright or a licence to do an act
subject to authorization by the author or the owner of a copy-
right does not include or be deemed to include the assignment
or license of any other right that is not specifically referred to in
the instrument of assignment.

24. (1) Where by an agreement made in relation to future Prospective
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 t h s subsection.

(2) A licence granted by a prospective owner of copyright is
binding on every successor in title to his interest (or prospec-
tive interest) in the right, except a purchaser in good faith for

ANTIGUA 32 The Copyright Act, 2003.
AND

BARBUDA

No. 22 of 2003.

valuable consideration and without notice (actual or construc-
tive) of the licence or a person deriving title from such a pur-
chaser; and references in this Act to doing anything with or
without the licence of the copyright owner shall be construed
accordingly.

Rights of exclu-
sive licensee.

Copyright in
manuscript passes
under will.

Moral rights not
assignable.

Transmission o f
moral rights etc.
on death.

25. (1) 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.

26. (1) Where under a bequest (whether specific or general)
a person is entitled, beneficially or otherwise, to -

(a) an original document or other material thing that
records or embodies a literary, dramatic, musical or
artistic work which was not published before the
death or the testator; or

(b) an original material thing containing a sound record-
ing or film which was not published before the death
or the testator,

then, unless a contrary intention is indicated in the testator's
will or a codicil to it, 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.

27. The rights conferred under Part I11 are not assignable
during the life of the author.

28. (1) On the death of a person entitled to the right con-
ferred by section 14,15 or 17 -

(a) the right passes to such person as he may by testa-
mentary disposition specifically direct; or

(b) if there is no such direction but the copyright in the
work in question forms part of his estate, the right
passes to the person to whom the copyright passes,

and if, or to the extent that, the right does not pass under para-
graph (a) or @), it is exercisable by his personal representa-
tives.

No. 22 of 2003. The Copyright Act, 2003. 3 3 ANTIGUA
AND

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(2) Where copyright forming part of a person's estate passes
in part to one person and in part to another any right which
passes with the copyright by virtue of subsection (1) is corre-
spondingly divided.

(3) Where by virtue of paragraph (a) or (5) of subsection (1)
a right becomes exercisable by more than one person, then -

(a) 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 to the treat-
ment or act in question; and

(b) any waiver of the right in accordance with section 19
by one of them does not affect the rights of the oth-
ers.

(4) A consent or waiver previously given binds any person
to whom a right passes by virtue of subsection (1).

(5) Any infringement aftera person's death of the right con-
ferred by section 16 is actionable by his personal representa-
tives.

(6) Any damages recovered by personal representatives by
virtue of this section in respect of an infringement after a per-
son's death shall devolve as part of his estate as if the right of
action had subsisted and been vested in him immediately before
his death.

PART V-INFRINGEMENT OF RIGHTS

General Provisions

29. In this Part "action" includes a counterclaim and refer- Meaning of
ences to the plaintiff and to the defendant in an action shall be
construed accordingly.

30. This Part shall have effect subject to such provisions of Part subject to
this Act as - other provisions.

(a) authorize the doing of specified acts in relation to a
protected work; or

(b) provide for the licensing of a protected work.

ANTIGUA 34 The Copyright Act, 2003. No. 22 of 2003.
AND

BARBUDA

~ c t s infringing Infringement of Copyright
copyright.

31. (1) The copyright in a work is infringed by any person
who, without the licence of the copyright owner, does, in rela-
tion to that work, any of the acts which the copyright owner has
the exclusive right to do pursuant to section 9.

(2) Copyright in a work is infringed by a person who, without
the licence of the copyright owner, imports into Antigua and
Barbuda 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.

(3) Copyright in a work is infringed by a person who, without
the licence of the copyright owner -

(a) possesses in the course of a business;

(b) sells or lets for hire or offers or exposes for sale or
hire;

(c) exhibits in public or distributes in the course of a
business; or

(d) distributes otherwise than in the course of a busi-
ness, to such an extent as to affect prejudicially the
copyright owner,

an article which is, and which be knows or has reason to believe
is an infringing copy of the work.

(4) Copyright in a work is infringed by a person who, without
the licence of the copyright owner -

(a) makes;

(b) imports into Antigua and Barbuda;

(c) possesses in the course of a business; or

(d) 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 to be
used to make infringing copies.

No. 22 of 2003. The Copyright Act, 2003. 35 ANTIGUA
AND

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(6) 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 broadcast-
ing or inclusion in a cable programme service) knowing or hav-
ing reason to believe that infringing copies of the work will be
made by means of the reception of the transmission in Antigua
and Barbuda or elsewhere.

(7) Where the copyright in a literary, dramatic or musical work
is infringed by a performance at a place of public entel3,ainment,
any person who gave permission for that place to be used for
the performance is also liable for the infringement unless when
he gave permission he believed on reasonable grounds that the
performance would not infringe copyright.

(8) Where copyright in a work is infringed by a public per-
formance of the work or by the playing or showing ofthe work in
public by means of apparatus for playing sound recordings or
showing films or receiving visual images or sounds conveyed
by electronic means, the persons specified in subsection (8) are
also liable for the infringement.

(9) The persons referred to in subsection (7) are -

(a) persons who supplied the apparatus or any sub-
stantial part of it, if when he supplied the apparatus
or part -

(i) he knew or had reason to believe that the ap-
paratus was likely to be so used as to infringe
copyright; or

(ii) 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 so used as to
infringe copyright;

(6) 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 so used as to
infringe copyright; and

ANTIGUA 3 6 The Copyright Act, 2003. No. 22 of 2003.
AND

BARBUDA

(c) a person who supplied a copy of a sound recording
or film used to infringe copyright, if when he sup-
plied 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 so used as to infringe copyright.

Remedies of Copyright Owner

Action by owner
of copyright.

32. (1) An infringement of copyright shall be actionable at
the suit of the copyright owner, and subject to the provisions of
this section, in any action for such 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 infringe-
ment of other proprietary rights.

(2) Where in an action under this section an infringement of
copyright is proved or admitted the court, 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, shall have power to award such additional dam-
ages as the court may consider appropriate in the circumstances.

(3) 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, but without prejudice to any
other remedy.

Order for 33. (1) Subject to the provisions of this section and section
delivery up in 35 ( 6 ) , where a person -
civil proceed~ngs.

(a) in the course of his business has an infringing copy
of a work in his possession, custody or control; or

(b) 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 to such other
person as the court may direct.

No. 22 of 2003. The Copyright Act, 2003.

(2) An application under subsection (1) shall not be made
after the end of the period specified in section 138 (1); 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 137 for the disposal of the infringing copy or article, as
the case may be.

(3) 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 137 is not made, retain it pending the
making of an order or the decision not to make an order, under
that section.

Remedies of Exclusive Licensee

34. An exclusive licensee has, except against the copyright
owner, the same rights and remedies in respect of matters occur-
ring after the grant of the licence as if the licence had been an
assignment.

35. (1) The rights and remedies of an exclusive licensee are
concurrent with those of the copyright owner and references in
the relevant provisions of this Act to the copyright owner shall
be construed accordingly.

(2) In an action brought by an exclusive licensee by virtue of
this section, defendant may avail himself of any defence which
would have been available to him if the action had been brought
by the copyright owner.

(3) 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 enti-
tled, except with the leave of the court, to proceed with 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.

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AND

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Infringement of
rights of exclusive
licensee.

Infringement
where rights
concurrent.

(4) 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.

ANTIGUA 38
AND

BARBUDA

The Copyright Act, 2003. No. 22 of 2003.

(5) 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 copy-
right owner and the exclusive licensee are both parties to the
action, the court -

(a) shall, in assessing damages take into account the
tenns of the licence and any pecuniary remedy al-
ready awarded or available to either of them in re-
spect of the infringement;

(b) 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 re-
spect of the infringement; and

(c) shall, if an account of profits is directed, apportion
the profits between them as the court considers just,
subject to any agreement between them.

(6) The copyright owner shall notify any exclusive licensee
having concurrent rights before applying under section 33 for
an order for the delivery up of infringing copies of a work, and
the 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.

Infringement of Moral Rights and Related Rights

Infringement of 36. (1) Subject to subsection (2), the right conferred by sec-
right to be tion 14 is infringed by any person who fails to identify the au-
identified as
author or thor of a work or the director of a film whenever any action
director. specified in that section occurs in relation to that work or film.

(2) The following acts shall 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 VI in relation to
the work -

(a) fair dealing with the work for the purposes of criti-
cism, review or the reporting of current events by
means of a sound recording, film, broadcast or cable
programme;

No. 22 of 2003. The Copyright Act, 2003. 39 ANTIGUA
AND

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(b) the incidental inclusion of the work in an artistic work,
sound recording, film, broadcast or cable programme;

(c) the use of the work for examination purposes;

(d) acts done for the purposes of parliamentary or judi-
cial proceedings or proceedings of a statutory in-
q u b ;

(e) the use of design documents and models;

fl the use of a design derived from artistic work;

(g) acts permitted in relation to anonymous or pseu-
donymous works on the assumption that copyright
in the work has expired or that the author is dead.

37. (1) The right conferred on an author and a director by Infringement of
section 15 to object to derogatory treatment of his work is in- right to Object to

derogatory fringed where the acts described in subsections (2) to (5) are of
done in relation to that work; and for the purposes of this Part, work.
"derogatory treatment" has the same meaning as that specified
in section 15 (4).

(2) In the case of a literary, dramatic or musical work, the right
is infringed by a person who -

(a) publishes commercially, performs in public, broad-
casts, communicated to the public or includes in a
cable programme service, a deragatory treatment of
the work; or

(b) issues to the public copies of a film or sound record-
ing of or including a derogatory treatment of the
work.

(3) In the case of an artistic work, the right is infringed by a
person who -

(a) publishes commercially or exhibits in public a de-
rogatory treatment of the work, or broadcasts or in-
cludes in a cable programme service a visual image
of a derogatory treatment of the work;

ANTIGUA 40 The Copyright Act, 2003.
AND

BARBUDA

No. 22 of 2003.

(b) 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

(c) 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 photo-
graph of, a derogatory treatment of the work.

(4) Subsection (3) does not apply to a work of architecture in
the form of a building; but where the author of such a work is
identified on the building and it is the subject of derogatory
treatment, he has the right to require the identification to be
removed.

(5) In the case of a film, the right is infringed by a person
who -

(a) shows in public, broadcasts or includes in a cable
programme service a derogatory treatment of the film;
or

(b) issues to the public copies of a derogatory treatment
of the film, or who, along with the film, plays in pub-
lic, broadcasts it, communicated to the public or in-
cludes in a cable programme service, or issues to the
public copies of, a derogatory treatment of the film
sound-track.

Infringement by
possession of
infringing article.

38. (1) The right conferred by section 15 is also infringed by
a parson who -

(a) possesses in the course of a business; 01

(b) sells or lets for hire or offers or exposes for sale or
hire; or

(c) in the course of a business, exhibits in public or dis-
tributes;

(d) distributes otherwise than in the course of a busi-
ness, so as to affect prejudicially the honour or repu-
tation of the author or director,

No. 22 of 2003. The Copyright Act, 2003. 4 1 ANTIGUA
AND

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an article which is, and which he knows or has reason to believe
is an infringing article.

(2) An "infringing article" means a work or a copy of a work
which -

(a) has been subjected to derogatory treatment as de-
fined in section 15; and

(b) has been or is likely to be the subject of any of the
acts mentioned in sections 37 in circumstances in-
fringing that right.

39. (1) The right conferred by section 15 is not infringed by ~ c t not infring-
any act done for the purpose of - ing section 15.

(a) avoiding the commission of an offence; or

(b) complying with a duty imposed by or under an en-
actment,

so, however, that where the author or director is identified at the
time of the relevant act or has previously been identified in or on
published copies of the work, there shall be a sufficient dis-
chmer.

(2) In subsection (1) "sufficient disclaimer" means a clear and
reasonably prominent indication -

(a) given at the time of the act; and

(b) if the author or director is then identified, appearing
along with the identification,

that the work has been subjected to treatment to which the
author or director has not consented.

40. (1) Subject to the provisions of this section, the right False attribution
conferred on a person by section 16 not to have a literary, dra- pf

~nfringement of
matic, musical or artistic work falsely attributed to him as author right.
or a film falsely attributed to him as director, is infringed by a
person who -

ANTIGUA 42 The Copyright Act, 2003. No. 22 of 2003.
AND

BARBUDA

(a) issues to the public copies of a work of any of those
descriptions in or on which there is a false attribu-
tion;

(b) exhibits in public an artistic work or a copy of an
artistic work in or on which there is a false attribu-
tion.

(2) The right is also infringed by a person who -

(a) in the case of a literary, dramatic or musical work,
performs the work in public, broadcasts it, communi-
cated to the public or includes it in a cable programme
service as being the work of a person; or

(b) in the case of a film, shows it in public, broadcasts it,
or communicated to the public includes it in a cable
programme service as being directed by a person,
knowing or having reason to believe that the attribu-
tion is false.

(3) The right 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).

(4) The right is also infringed by a person who, in the course
of a business -

) possesses or deals with a copy of a work referred to
in subsection (1) in or on which there is a false attri-
bution; or

(b) 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.

(5) In the case of an artistic work, the right is also infringed by
a person who in the course of a business -

(a) deals with a work which has been altered after the
author parted with possession of it as being the 11-
altered work of the author; or

No. 22 of 2003. The Copyright Act, 2003. 43 ANTIGUA
AND

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(b) deals with a copy of such a work as being a copy of
the unaltered work of the author,

knowing or having reason to believe that such is not the case.

(6) References in this section to dealing are to selling or let-
ting for hire, offering or exposing for sale or hire, exhibiting in
public or distributing.

(7) This section applies where a wotk 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.

41. The right conferred by section 17 in relation to a commis- Infringement of
sioned photograph or film is infringed by a person who does or pfivacy right in
authorizes the doing of any act mentioned in that section in photographs etc.

relation to that work; but the right is not infringed by any act
which, pursuant to Part VI, would not infringe copyright in the
work

42. It is not an infringement of any right conferred by sec- Effect of consent
tion 14,15, 16 or 17 to do any act to which the person entitled to and waiver of
the right has consented pursuant to section 19 or in respect of rights.
which he has given a waiver pursuant to that section.

Remedies for infringement of Moral Rights and
Related Rights

43. (1) The infringement of a right conferred under section Remedies f a
14,15,16 or 17 is actionable as a breach of statutory duty owed i"nging moral

r~ghts etc.
to the person entitled to the right.

(2) In an action for infringement of the right conferred by
section 15, the court may, if it thinks it an adequate remedy in the
circumstances, grant an injunction on terms prohibiting the do-
ing of any act unless a disclaimer is made on such terms and in
such manner as may be approved by the court, dissociating the
author or director from the treatment of the work.

(3) Where in any action an infringement of a right referred to
in subsection (1) is proved or admitted, the court may order the
defendht to publish such correction in such term and in such
manner as the court may direct.

ANTIGUA 44 The Copyright Act, 2003. No. 22 of 2003.
AND

BARBUDA

Presumptions

Presumptions 44. (1) In an action brought by virtue of this Part with respect
where to a literary, dramatic, musical or artistic work, the presumptions
relates to literary
works, etc. specified in this section shall apply.

(2) Where a name purporting to be that of the author ap-
peared on the work when it was made or on copies of the work as
published, it shall be presumed that the person whose name
appeared is the author of the work and also the owner of the
copyright in the work, until the contrary is proved.

(3) Subsection (2) applies to pseudonym, where the pseudo-
nym leaves no doubt as to the identity of the author.

(4) In the case of a work alleged to be a work of joint author-
ship, subsection (2) applies in relation to each person alleged to
be one of the authors.

(5) Where no name purporting to be that of the author ap-
peared as mentioned in subsection (2) but -

((1) pursuant to section 8 (I), the work qualifies for copy-
right protection by virtue of the country of first pub-
lication; and

(b) a name purporting to be that of the publisher ap-
peared on the copies of the work as first published,

then, it shall be presumed that the person whose name appeared
as the publisher was the owner of copyright at the time of pub-
lication, until the contrary is proved.

(6) Where the author of the work is dead or where the iden-
tity of the author cannot be ascertained by reasonable inquiry, it
shall be presumed, until the contrary is proved -

(a) that the work is an original work; and

(b) that the plaintiffs allegations as to what was the
first publication of the work and as to the country of
first publication are correct.

No. 22 of 2003. The Copyright Act, 2003. 45 ANTIGUA
AND

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45. (1) In an action brought by virtue of this Part with re- Presumptions - .
spect to a sound recording, film or computer program, the pre- where

relates to sound sumptions specified in this section shall apply. recording, film or
computer

(2) In an action brought by virtue of this Part with respect to programme.
a sound recording, where copies of the recording as issued to
the public bear a label or other mark stating -

(a) that a named person was the owner of copyright in
the recording at the date of issue of the copies; or

(b) that the recording was first published in a specified
year or in a named country,

the label or mark shall be admissible as evidence of the facts
stated and shall be presumed to be correct until the contrary is
proved.

(3) In an action brought by virtue of this Part with respect to
a film, where copies of the film as issued to the public bear a
statenlent -

(a) that a named person was the author or director of the
fib

(b) that a named person was the owner of copyright in
the film at the date of issue of the copies; or

(c) that the film was fust published in a specified year or
in a named country,

the statement shall be admissible as evidence of the facts stated
and shall be presumed to be correct until the contrary is proved.

(4) In an action brought by virtue of this Part with respect to
a computer programme, where copies of the programme are is-
sued to the public in electronic form bearing a statement -

(a) that a named person was the owner of copyright in
the programme at the date of issue of the copies; or

(b) that the programme was first published in a named
country or that copies of it were fust issued to the
public in electronic form in a specified year, the state-

ANTIGUA 46 Tke Copyright Act, 2003.
AND

BARBUDA

No. 22 of 2003.

ment shall be admissible as evidence of the facts
stated and shall be presumed to be correct until the
contrary is proved.

(5) 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.

(6) In an action brought by virtue of this Part with respect to
a film, where the film as shown in public, broadcast, communi-
cated to the public or included in a cable programme service
bears a statement -

(a) that a named person was author or director of the

(b) that a named person was the owner of copyright in
the film immediately after it was made,

the statement shall be 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, communicated to the
public or included in a cable programme service.

Offences

Penalties in 46. (1) Any person who at a time when copyright in a work
respect of subsists by virtue of this Act -
dealings
which infringe
copyright. (a) makes for sale or hire; or

(b) in the course of a business sells or lets for hire, or
offers or exposes for sale or hire, exhibits in public or
distributes; or

(c) imports into Antigua and Barbuda for purposes other
than his private and domestic use; or

(d) distributes otherwise than in the course of a busi-
ness to such an extent as to affect prejudicially the
owner of the copyright,

No. 22 of 2003. The Copyright Act, 2003. 47 ANTIGUA
AND

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any article which he knows or has reason to believe is an infring-
ing copy of that work, commits an offence.

(2) Any person 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, lolowing that it is to be used for making infringing
copies for sale or hire or for use in the course of business,
commits an offence.

(3) Any person who causes -

(a) a literary, dramatic or musical work to be performed
in public; or

(b) a sound recording or film to be played, or as the case
may be, shown in public, (otherwise than by recep-
tion of a broadcast or cable programme)

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, com-
mits an offence.

(4) Any person who is guilty of an offence under subsection
(I) is liable -

(a) on summary conviction to a fine not exceeding five
thousand dollars or to imprisonment for a term not
exceeding two years or to both such fine and impris-
onment;

(b) on conviction on indictment to a fine not exceeding
five thousand dollars or to imprisonment for a term
not exceeding three years or to both such fine and
imprisonment.

(5) Any person who is guilty of an offence under subsection
(2) or (3) is liable -

(a) on summary conviction to a fme not exceeding two
thousand dollars or to imprisonment for a term not
exceeding two years or to both such fine and impris-
onment;

ANTIGUA 48 The Copyright Act, 2003. No. 22 of 2003.
AND

BARBUDA

(b) on conviction on indictment to a fine not exceeding
five thousand dollars or to imprisonment for a term
not exceeding two years or to both such fine and
imprisonment.

(6) Any person who manufactures or imports into Antigua
and Barbuda for sale or rental -

(a) any device or means specifically designed or adopted
to circumvent any device or means intended to pre-
vent or restrict reproduction of a work, a phonogram
or a broadcast or to impair the quality of copies made;

(b) any device or means that is susceptible to enable or
assist the reception of an encrypted program, which
is broadcast or otherwise communicated to the pub-
lic including by satellite, by those who are not enti-
tled to receive the programme;

conlrnits an offence and is liable on conviction to a fine not
exceeding ten thousand dollars or to a term of imprisonment not
exceeding two years.

(7) Any person who -

(a) removes or alters any electronic rights management
information without authority; or

(b) distributes or imports for distribution, broadcasting,
communication to the public or making available to
the public, without authority, of works performances,
phonograms or broadcasts, knowing or having rea-
son to know that electronic rights management in-
formation has been removed or altered without au-
thority commits an offence and is liable on convic-
tion to a fine not exceeding ten thousand dollars or
to a term of imprisonment not exceeding two years.

Presumptions not 47. The presumptions specified in sections 44 and 45 do not
to apply. apply to proceedings for an offence under section 46, but with-

out prejudice to their application to proceedings for an order
under section 48.

No. 22 of 2003. The Copyright Act, 2003. 49 ANTIGUA
AND

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48. (1) Subject to subsection (2), the court before which pro- order to deliver up
ceedings are brought against a person for an offence under in

proceedings.
section 46 may, if it is satisfied that at the time of his arrest or
charge -

(a) he had in his possession, custody or control in the
course of a business an infringing copy of a pro-
tected work; or

(b) he had in his possession, custody or control an arti-
cle specifically designed or adapted for making cop-
ies 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.

(2) An order maybe 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, so, however, that the
court shall not make an order -

(a) after the time specified in section 138, or

(b) if it appears to the court unlikely that any order will
be made under section 137.

(3) An appeal lies to the Court of Appeal from an order made
under this section by a Magistrate's Court.

(4) 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 137.

Supplementary

49. For the purposes of this Part, sections 140 and 141 apply Application of
in respect of the entry and search of any premises. provisions re

entry etc.

50. (1) The owner of the copyright in any published literary, Restricting
dramatic or musical work may give notice in writing to the Comp- imp.ortation of

~nfnnglng copies.
troller of Customs -

ANTIGUA 50 The Copyright Act, 2003.
AND

BARBUDA

No. 22 of 2003.

(a) that he is the owner of the copyright in the work; and

(b) that he requests the Comptroller of Customs to treat
as prohibited goods under the Customs Control and
Management Act, No. 7 of 1993 during a period speci-
fied in the notice, printed copies of the work which
are infringing copies.

(2) 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.

(3) The owner of the copyright in a sound recording or film
may give notice in writing to the Comptroller of Custonls -

(a) that he is the owner of the copyright in the work;

(b) that infringing copies of the work are expected to
arrive in Antigua and Barbuda at a time and a place
specified in the notice; and

(c) that he requests the Comptroller to treat the copies
as prohibited goods under the Customs Control and
Management Act.

(4) Subject to subsection (5), where a notice has been given
in accordance with this section, the importation into Antigua
and Barbuda of goods to which the notice relates is prohibited;
but-notwithstanding anything contained in the Customs Con-
trol and Management Act, No. 7 of 1993, a person is not liable to
any penalty under that Act other than forfeiture of the goods,
by reason that any goods are treated as prohibited goods by
virtue of this section.

(5) The importation of any article by a person for his private
and domestic use is not prohibited under subsection (4).

(6) A person giving a notice under this section shall -

(a) comply with such conditions as the Comptroller of
Customs may by regulations prescribe; and

(b) satisfy such requirements as may be so prescribed
in connection with the giving of the notice, includ-
ing requirements relating to -

No. 22 of 2003, The Coflyright Act, 2083. 5 1 ANTIGUA
AND

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(i) the form of the ndtice;

(ii) the furnishing of evidence, whether on giving
notice, or on the importation of the goods, or
at both such times;

(iii the payment of fees in respect of the notice;

(iv) the giving of security in respect of any liabil-
ity or expense which the Comptroller of Cus-
toms may incur in consequence of the notice
by reason of the detention of any article or
anything done to an article detained;

(v) the indemnification of the Comptroller of Cus-
toms against any such liability or expenses,
whether security has been given or not; and

(vi) any incidental or supplementary matters, and
theregulations may make different provisions
as respect different classes of case.

(7) Regulations made under section 61 are subject to nega-
tive resolution of the House of Representatives.

PART VI-EXCEPTIONS TO Ih'FlUNGEMENTOF
COPYRIGHT

Preliminary

51. For the purposes of this Part "sufficient acknowledg- Definition of
ment" means an acknowledgment identifying the work in ques- "sufficient

acknowledge-
tion by its title or other description and identifying the author,
unless -

(a) in the case of a published work, it is published anony-
mously or the author has agreed or required that no
acknowledgement of his name should be made;

(b) in the case of an unpublished work, it is not possible
for a person to ascertain the identity of the author by
reasonable inquiry.

ANTIGUA 52 The Copyright Act, 2003. No. 220f 2003.
AND

BARBUDA

General Exceptions

Research and 52. Subject to section 54, fair dealing with a literary, dramatic,
private study. 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.

Criticism, review 53. (1) Subject to section 54 -
and reporting.

(a) 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; or

(b) fair dealing with a protected work ( other than a pho-
tograph) for the purpose of reporting current events,

does not infringe copyright in the work so long as it is accompa-
nied by a sufficient acknowledgen~ent.

(2) No acknowledgement is required in connection with the
reporting of current events by means of a sound recording, film,
broadcast or cable programme.

Determining fair 54. For the purpose of determining whether an act done in
dealing. relation to a work constitutes fair dealing, the court determining

the question shall take account of all factors which appear to it
to be relevant, including -

(a) the nature of the work in question;

(b) the extent and substantiality of that part of the work
affected by the act in relation to the whole of the
work;

(c) the purpose and character of the use; and

(d) the effect of the act upon the potential market for, or
the commercial value of, the work.

Incidental 55. Copyright in a work is not infringed -
inclusion of
protected work.

(a) by its incidental inclusion in an artistic work, sound
recording film, broadcast or cable programme; or

No. 22 of 2003. The Copyright Act, 2003. 5 3

(b) by the issue to the public of copies or the playing,
showing, broadcasting or inclusion in a cable pro-
gramme service of anything whose making was not
an infringement of copyright by virtue of paragraph
(4,

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.

Use of Work for Educational Purpose

56. (1) Copyright in a literary, dramatic, musical or artistic
work is not infringed by being copied in the course of instruc-
tion or of preparation for instruction, provided the copying is
done by a person giving or receiving instruction and is not by
means of a reprographic process.

(2) Copyright in a sound recording, film, broadcast or cable
programme is not infringed by its being copied by making a film
or film sound-track in the course of instruction, or of preparation
for instruction, in the making of films or film sound-tracks, pro-
vided the copying is done by a person giving or receiving in-
struction.

(3) Copyright in a work is not infringed by anything done for
the purposes of an examination by way of setting the questions,
communicating the questions to candidates or answering the
questions.

57. (1) The inclusion in a collection intended for use in edu-
cational establishments of a short passage from a published
literary or dramatic work does not infringe copyright in the work
if-

(a) the collection is described in the title and in any
advertisements thereof issued by or on behalf of the
publisher, as being so intended;

ANTIGUA
AND

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Act done for
purposes of
instruction or
examination.

Anthologies for
educational use.

(b) the work was not itself published for the use of edu-
cational establishments;

ANTIGUA 54 The Copyright Act, 2003.
AND

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No. 22 of 2003.

(c) the collection consists mainly of material in which
no copyright subsists; and

(d) the inclusion is accompanied by a sufficient acknowl-
edgement.

(2) Subsection (1) does not authorize the inclusion of more
than two excerpts from protected works by the same author in
collections published by the same publisher over any period of
five years.

(3) In relation to any given passage, the reference in subsec-
tion (2) to excerpts from works by the same author -

(a) shall be taken to include excerpts from works by him
in collaboration with another; and

(b) if the passage in question is from such a work, shall
be taken to include excerpts from works by any of
the authors, whether alone or in collaboration with
another.

Recording of
broadcast, etc. by
educational
establishments.

Restriction on
rep~ographic
copying by
educational
establishment.

58. (1) A recording of a broadcast or cable programme or a
copy of such a recording may be made by or on behalf of an
educational establishment for the educational purposes of that
establishment without thereby infringing the copyright in the
broadcast or cable programme or in any work included in it.

59. (1) Subject to the provisions of this section, reprographic
copies of passages from published literary, dramatic or musical
works may be made by or on behalf of an educational establish-
ment for the purposes of instruction without infringing any copy-
right in the work or in the typographical arrangement.

(2) Not more than five per cent of any work may be copied by
or on behalf of an educational establishment by virtue of this
section in any quarter, that is to say, in any period 1 st January to
3 1st March, 1st April to 30th June, 1 st July to 30th September or
1st October to 3 1st December.

(3) Copying is not authorized by this section if, or to the
extent that, licences are available authorizing the copying in
question and the person making the copies know or ought to
have been aware of that fact.

No. 22 of 2003. The Copyright Act, 2003. 5 5 ANTIGUA
AND

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(4) Where a licence is granted to an educational establish-
ment authorizing the reprographic coping of passages from any
published literary, dramatic or musical work, for use by the es-
tablishment, then, any term of that licence which purports to
restrict the proportion of work which may be copied (whether on
payment or free of charge) to less than that permitted under this
section shall be of no effect.

60. (1) Where a copy of a work would be an infringing copy Subsequent deal-
if the making thereof were not authorized under section 56,58 or i n g ~ with author-
59 and such copy is subsequently dealt with, it shall be treated ized

as an infringing copy for the purposes of that dealing and, if that
dealing infringes copyright, for all subsequent purposes.

(2) In subsection (1) "dealt with" means sold, or let for hire or
offered or exposed for sale or hire.

Exceptions affecting Libraries and Archives

61. (1) In sections 62 to 65 references to the librarian or archi- Interpretation of
vist include references to a person acting on his behalf. references; Regu-

lations.

(2) Regulations may provide that a librarian or archivist who
is, pursuant to sections 62 and 65, required to be satisfied as to
a matter before making or supplying a copy of a work -

(a) is entitled to rely on a declaration as to that matter,
signed by the person requesting the copy, unless he
is aware that the declaration is false in any material
particular;

(b) in such cases as may be prescribed, shall not make
or supply a copy to any person in the absence of a
declaration by that person.

(3) Where a person requesting a copy makes a declaration
that is false in a material particular and is supplied with a copy
which would have been an infringing copy if made by him, that
person shall be liable for infringement of copyright as if he had
made the copy himself, and the copy supplied shall be treated as
an infringing copy.

62. (1) The librarian of aprescribed library or archive may, if Supply by librarian
the prescribed conditions are complied with - of copies of pub-

hshed work.

ANTIGUA 5 6 The Copyright Act, 2003. No. 22 of 2003.
AND

BARBUDA

(a) make and supply a copy of an article in a periodical;
or

(b) make and supply from a published edition, a copy of
part of a literary, dramatic or musical, work, not being
an article in a periodical,

without infringing any copyright subsisting in the text of the
article or in the work, as the case may be, or in any illustrations
accompanying such article or work, or in the typographical ar-
rangement thereof.

(2) The conditions prescribed pursuant to subsection (1) shall
include the following -

(a) that copies shall be supplied only to persons satis-
fying the librarian that they require them for pur-
poses of research or private study, and will not use
them for any other purpose;

(b) in relation to an article, that no person shall be fur-
nished with more than one copy of the same article
or with copies of more than one article contained in
the same issue of a periodical;

(c) in relation to a work referred to in paragraph (b) of
subsection (I), that no person shall be furnished
with more than one copy of the same material or of a
copy of more than a reasonable proportion of any
work; and

(d) that persons to whom copies are supplied are re-
quired to pay for them a sum not less than the cost
(including a contribution to the general expenses of
the library) attributable to their production.

supply of copies 63. (1) The librarian of a prescribed library or archive may, if
to Other libraries. the prescribed conditions referred to in subsection 64(2) are

complied with, make and supply to another prescribed library or
archive a copy of -

(a) an article in a periodical; or

(b) the whole or part of a published edition of a literary,
dramatic or musical work,

No. 22 of 2003. The Copyright Act, 2003. 5 7 ANTIGUA
AND

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without infringing any copyright in the text of the article or the
work, or in any illustrations accompanying such article or work
or, in the case of a published edition, in the typographical ar-
rangement.

(2) Paragraph (b) of subsection (1) does not apply if, at the
time the copy is made, the librarian making it knows or could, by
reasonable inquiry, ascertain the name and address of a person
entitled to authorize the making of the copy.

64. (1) The librarian of a prescribed library or archive may, if Replacing copies
the prescribed conditions are complied with, make a copy from of
any item in the permanent collection of the library or archive for
the purpose of -

(a) preserving or replacing the item by placing the copy
in such permanent collection in addition to or in place
of the item;

(b) replacing in the permanent collection of another pre-
scribed library or archive an item which has been
lost, destroyed or damaged,

without infringing the copyright in any literary, dramatic or mu-
sical work, in any illustrations accompanying such a work or, in
the case of a published edition, in the typographical arrange-
ment.

(2) The prescribed conditions shall include provisions re-
stricting the making of copies to cases where it is not reason-
ably practicable to purchase a copy of the item in question for
the purpose.

65. (1) Subject to subsection (2), the librarian of a prescribed Copying of
library or archive may, if the prescribed conditions are complied unpublished work.
with, make and supply a copy of the whole or part of a literary,
dramatic or musical work from a document in the library or ar-
chive without infringing any copyright in the work or in any
illustrations accompanying it.

(2) Subsection (1) does not apply where -

(a) the work had been published before the document
was deposited in the library or archive; or

ANTIGUA 58 The CopyrightrAct, 2003.
AND

BARBUDA

No. 22 of 2003.

(b) the copyright owner has prohibited'copying of the
work, and at the time of the making of the copy the
librarian ought to have been aware of that fact.

(3) The prescribed conditions include the following -

(a) that copies are supplied only to persons satisfying
the librarian that they require them for purposes of
research or private study and will not use them for
any other purpose;

(b) that no person is furnished with any more than one
copy of the same material; and

(c) that persons to whom copies are supplied arere-
quired to pay for them a sum not less than the cost
(including a contribution to the general expenses of
the library or archive) attributable to their produc-
tion.

Exceptions Relating to Public Administration

Parliamentary and 66. (1) Copyright in a work is not infrkged by anything done
Judicial proceed- for the purposes of parliamentary or judicial proceedings or,
ings etc. subject to subsection (3), for the purposes of reporting such

proceedings.

(2) Copyright in a work is not infnnged by anything done for
the purposes of the proceedings of a statutory inqulry or, sub-
ject to subsection (3), for the purposes of reporting any such
proceedings held in public.

(3) The provisions of subsections (1) and (2) relating to the
reporting of proceedings shall not be construed as authorizing
the copying of a work which is itself a published report of the
proceedings.

(4) Copyright in a work is not infringed by the issue to the
public of copies of the report of a statutory inquiry containing
the work or material from it.

(5) In this section, "statutory inquiry" means an inquiry held
or investigation conducted in pursuance of a duty imposed or
power conferred by or under an enactment.

No. 22 of 2003. The Copyright Act, 2003. 59 ANTIGUA
AM)

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67. Where any protected work or a reproduction of any such Public records.
work is comprised in any public record (as defined in the Regis-
tration and Records Act) which is, by virtue of that Act under
the charge of the Keeper of the Records and is open to public
inspection, the copyright in the work is not infringed by the Cap. 375.
making or supplying to any person of any copy of the work by
or under the direction of any oMicer appointed under the Regis-
tration and Records Act.

Designs

68. (1) It is not an infringement of any copyright in a design Design documents
document or in a model that records or embodies a design for and models.
anything (except an artistic work or a typeface) to make an arti-
cle to the design or to copy an article made to the design.

(2) It is not an infringement of any copyright to issue to the
public or to include in a film, broadcast or cable programme
service anything the making of which was, by virtue of subsec-
tion (I), not an infringement of that copyright.

(3) In this section -

"design" means the design of any aspect of the shape or
configuration (whether internal or external) of the whole or
part of an article, other than surface decoration; and

"design document" means any record of a design, whether
in the form of a drawing, a written description, a photo-
graph, data stored in a computer or otherwise.

69. (1) Where an artistic work has been exploited by or with Where design de.
the licence of the copyright owner by - rived from artistic

work is exploited.

(a) making by an industrial process articles falling to be
treated under from this Act as copies of the work;
and

(b) marketing such articles in Antigua and Barbuda or
elsewhere,

then, after the end of the period of twenty-five years from the
end of the calendar year in which such articles are first marketed,
a person may, without infringing copyright in the work, copy the

ANTIGUA 60 The Copyright Act, 2003. No. 22 of 2003.
AND

BARBUDA

work by making articles of any description or by doing anythmg
for the purpose of making articles of any description, or by
doing anything in relation to articles so made.

(2) Where only part of an artistic work is exploited in the
manner described in subsection (I), then, the provisions of that
subsection apply only in relation to that part.

(3) The Minister may by order make provision -

(a) as to the circumstances, in which an article or any
description of article is to be regarded for the pur-
poses of this section as made by an industrial proc-
ess;

(b) excluding from the operation of this section such;
articles of a primarily literary or artistic character 4
he thinks fit.

(4) In this section -

(a) references to articles do not include films; and

(b) references to the marketing of an article are refer-
ences to its being sold or let for hire or offered or
exposed for sale or hire.

Exception Relating to Works in Electronic Form

Transfer of works 70. (1) Where a work in electronic form has been purchased
in electronic form. on t e r n which, expressly or impliedly or by virtue of any rule of

law, allow the purchaser to copy the work or to adapt it or to
make copies of an adaptation in connection with his use of it,
then, in the absence of any express terms -

(a) prohibiting the transfer of the copy by the purchaser,
imposing obligations which continue after a transfer
or prohibiting the assignment of any licence or ter-
minating any licence on a transfer; or

(b) providing for the terms on which a transferee may do
the things which the purchaser was permitted to do,

No. 22 of 2003. 2he Copyright Act, 2003. 61 ANTIGUA
AND

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anything which the purchaser was allowed to do may also be
done by a transferee without infringement of copyright.

(2) Any copy, adaptation or copy of an adaptation made by
the purchaser which is not also transferred after the transfer, be
treated as an infringing copy for all purposes.

(3) Subsections (I) and (2) apply where the original purchased
copy is no longer usable and what is transferred is a further
copy used in its place.

(4) This section applies also on a subsequent transfer, with
the substitution for references in subsection (2) to the purchaser
of references, to the subsequent transferor.

Miscellaneous Exceptions Relating to Literary, Dramatic,
Musical and Artistic Works

71. (1) Copyright in a literary, dramatic, musical or artistic Anonymous and
work is not infringed by an act done at a time when, or in pursu- pseudon~mous
ance of an arrangement made at a time when - literary etc. works.

(a) it is not possible by reasonable inquiry to ascertain
the identity of the author; and

(b) it is reasonable to assume -

(i) that the copyright has expired; or

(ii) that the author died fifty years or more before
the beginning of the calendar year in which
the act is done or the arrangements are made.

(2) Subsection (1) (b) (ii) does not apply in relation to a work
in which copyright originally vested in an international organi-
zation by virtue of section 146 and in respect of which an order
under that section specifies a copyright period longer than fifty
years.

(3) In relation to a work of joint authorship -

(a) the reference in subsection (1) to its being possible
to ascertain the identity of the author shall be con-

ANTIGUA 62 The Copyright Act, 2003.
AND

BARBUDA

No. 22 of 2003.

strued as a reference to its being possible to ascer-
tain the identity of any of the authors; and

(b) the reference in subsection (1) (8) (ii) to the author
having died shall be construed as a reference to all
the authors having died.

Use of notes of 72. (1) Where a record of spoken words is made, in writing or
recordings of otherwise, for the purpose of -
spoken word.

(a) reporting current events; or

(b) broadcasting or including in a cable programme ser-
vice the whole or part of the work,

it is not an infringement of any copyright in the words as a liter-
ary work to use the record or material taken from it (or to copy the
record or any such material and use the copy) for that purpose,
providing the conditions specified in subsection (2) are met.

(2) The conditions referred to in subsection (1) are that -

(a) the record is a direct record of the spoken words and
is not taken from a previous record or from a broad-
cast or cable programme;

(b) the making of the record was not prohibited by the
speaker and, where copyright already subsisted in
the work, did not infringe copyright;

(c) the use made of the record or material taken from it is
not of a kind prohibited by or on behalf of the
speaker or copyright owner before the record was
made; and

(d) the use is by or with the authority of a person who is
lawfully in possession of the record.

Reading or 73. (1) The reading or recitation in public of any reasonable
recitation in extract from a published literary or dramatic work is not an in-
public. fringement of copyright in the work, if accompanied by a suffi-

cient acknowledgement.

No. 22 of 2003. The Copyright Act, 2003. 63 ANTIGUA
AND

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(2) Copyright in a work is not infringed by the making of a
sound recording, or the broadcasting or inclusion in a cable
programme service, of a reading or recitation which, by virtue of
subsection (I), does not infringe copyright in the work.

74.(1) This section applies to -

(a) buildings;

(b) sculptures, models of buildings and works or artistic
craftsmanship, if permanently situated in a public
place or in premises open to the public.

(2) The copyright in such work is not infringed by -

(a) making graphic work representing it;

(b) making photograph or film of it; or

(c) broadcasting or including in a cable programme serv-
ice a visual image of it.

(3) The copyright of such a work is not infringed by the
issue to the public of copies, or the broadcasting or inclusion in
a cable programme service, of anything whose making was, by
virtue of this section, not an infringement of copyright.

75. Anydung done for the purposes ofreconstructing a build-
ing does not infringe any copyright in the building or in any
drawings or plans in accordance with which the building was
constructed by or with the licence of the copyright owner.

76. Where the author of an artistic work is not the copyright
owner, he does not infringe the copyright in the work by copy-
ing it in making another artistic work, provided he does not
repeat or imitate the main design of the earlier work.

Miscellaneous Exceptions Relating to Sound Recordings,
Films and Computer Programmes

77. (1) Where sound recordings of a musical work (and ac-
companying words, if any) have, with the licence or consent of
the owner of the copyright in the work, been previously made in
or imported into Antigua and Barbuda for the purposes of retail

Representation
of artistic works
on public display.

Reconstruction of
buildings.

Subsequent work
by same artist.

Making etc., o f
'recordings of mu-
sical work previ-
ously made or im-
ported.

ANTIGUA 64 The Copyright Act, 2003.
AND

BARBUDA

No. 22 of 2003.

sale, then, any person may, after .the expiry of the period of four
months immediately following upon the date of the first author-
ized manufacture in, or importation into, Antigua and Barbuda
of such recordings, and without first obtaining the consent or
licence of the owner of the copyright in the work, make or au-
thorize the making of sound recordings of it if such person -

(a) intends to sell the recordings by retail, or to supply
them for the purpose of being sold by retail by an-
other person, or intends to use them for making other
sound recordings which are to be so sold or sup-
plied;

(b) pays royalties calculated at the prescribed rate; and

(c) complies with such conditions relating to notice,
method and time of payment, administration of roy-
alties paid and other matters, as may be prescribed.

(2) Any person who makes or authorizes the making of sound
recordings pursuant to subsection (I) shall not make or author-
ize the making of any alterations in, or omissions from, the work
unless sound recordings of that work containing similar altera-
tions or omissions have been previously made by or with the
licence or consent of the owner of the copyright or unless such
alterations or omissions are reasonably necessary for the adap-
tation of the work to the sound recording in question.

Rental of films, 78. (1) The Minister may by order, subject to affirmative reso-
etc. lution, provide that in such cases as may be specified in the

order, the rental to the public of copies of films shall be treated
as licensed by the copyright owner subject only to the payment
of such reasonable royalty or other payment as may be agreed
or determined in default of agreement by the Copyright Tribu-
nal.

(2) An order under subsection (1) shall not apply if, or to the
extent that there is a licensing scheme certified under section
102 for the purposes of this section providing for the grant of
licences.

(3) An order may make different provision for different cases
and may specify cases by reference to any factor relating to the
work, the copies rented, the person renting or the circumstances
of the rental.

No. 22 of 2003. The Copyright Act, 2003. 65 ANTIGUA
AND

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(4) Nothing in this section affects any liability under
section 3 1 in respect of the rental of infringing copies.

79. It is not an infringement of the copyright in a sound re- Playing of sound - - -
cording to play it as part of the activities of, or for the benefit of, recording for pur-

poses of charitable a club, society or other organization if - organization.

(a) the organization is not established or conducted for
profit and its objects are charitable or are otherwise
concerned with the advancement of religion, educa-
tion or social welfare; and

(b) the proceeds of any charge for admission to the place
where the recording is to be heard are applied solely
for the purposes of the organization.

Miscellaneous Exceptions Respecting Broadcasts and
Cable Programmes

80. (1) This section applies where by kirtue of a licence or Incidental record-
assignment of copyright a person is authorized to broadcast ing foTuToses of

broadcast orcable from a place in a specified country or to include in a cable pro- programme,
gramme service sent from Antigua and Barbuda or a specified
country -

(a) a literary, dramatic or musical work, or an adaptation
of such a work;

(b) an artistic work; or

(c) a sound recording or film.

(2) The person referred to in subsection (1) shall, by virtue of
this section, be treated as licensed by the owner of the copy-
right in the work to do or authorize any of the following for the
purposes of the broadcast or cable programme -

(a) in the case of a literary, dramatic or musical work or
an adaptation of such a work, to make a sound re-
cording or film of the work or adaptation;

(b) in the case of an artistic work, to take a photograph
or make a film of the work;

ANTIGUA
AND

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Recording of
b~oadcasts for
programme
control.

Recording for
archival pur-
poses.

66 The Copyright Act, 2003. No. 22 of 2003.

(c) in the case of a sound recording or film, to make a
copy of it.

(3) A licence under subsection (2) is subject to the following
conditions -

(a) the recording, film, photograph or copy in question
shall not be used for any other purpose; and

(b) such recording, film, photograph or copy shall be
destroyed within twenty-eight days of being first
used for broadcasting the work or, as the case may
be, including it in a cable programme service.

(4) A recording, film, photograph or copy made in accord-
ance with this section shall be treated as an infringing copy -

(a) for the purposes of any use in breach of the condi-
tion mentioned in subsection (3) (a); and

(b) for all purposes after that condition or the condition
mentioned in subsection (3) (b) is breached.

81. (1) Copyright is not infringed by the making or use by a
prescribed broadcasting organization, for the purpose of main-
taining supervision and control over programmes and adver-
tisements broadcast by that organization, of recordings of those
programmes and advertisements.

(2) Copyright is not infringed by the making or use by any
electronic media licensed in Antigua and Barbuda of recordings
of programmes in connection with and for the purpose of carrying
out its functions under the law relating to broadcasting.

82. (1) A recording of a broadcast or cable programme of a
designated class, or a copy of such a recording, may be made for
the purpose of being placed in an archive maintained by a des-
ignated body without thereby infringing any copyright in the
broadcast or cable programme or in any work included in it.

(2) In subsection (1) "designated" means designated by the
Minister, who shall not designate a body unless he is satisfied
that it is not established or conducted for profit.

No. 22of 2003. The Copyright Act, 2003. 67 ANTIGUA
AM)

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83. Where a literary, dramatic or musical work or film is Reception and
broadcast with the licence of the copyright owner from a place

broadcast in cable in Antigua and Barbuda or a specified country, any person may, programme serv-
without obtaining the licence of the copyright owner, incorpo- ice,
rate the work (by means of the reception of the broadcast) in a
cable programme service:

Provided that -

(a) the transmission by the cable programme service
takes place simultaneously with the reception of the
broadcast; and

(b) the programme in which the literary, dramatic or mu-
sical work or film is incorporated is transmitted with-
out alteration of any kind; and

(c) the copyright owner is entitled to receive from the
person providing the cable programme service, eq-
uitable remuneration in respect of the transmission,
to be determined in default of agreement by the Tri-
bunal,

and, for the purposes of this subsection, an alteration to a pro-
gramme includes the addition thereto of new material not con-
tained in the programme as broadcast, or the omission from the
transmission of any material contained in the programme as
broadcast; and the tern "material" includes a commercial adver-
tisement.

84. The making for private and domestic use of a recording Recording for p 1,-
of a broadcast or cable programme solely for the purpose of Pose of time skifi.

lng. enabling it to be viewed or listened to at a more convenient time
does not infringe any copyright in the broadcast or cable pro-
gramme or in any work included in it.

Adaptations

85. An act which by virtue of this Part may be done without Adaptations.
infringing copyright in a literary, dramatic or musical work does
not, where that work is an adaptation, infringe any copyright in
the work from which the adaptation was made.

ANTIGUA 68 The Copyright Act, 2003. No. 22 of 2003.
AND

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Prescribed Exceptions

Power of Minlster 86. (1) Subject to the provisions of this section, the Minister
prescribe ex- may, by order subject to negative resolution of the House of

ceptions to in-
fringement. Representatives, provide that the copyright in a work of the

description or category specified in the order is not infringed
where, in relation to such work, such acts as are specified in the
order are done in the circumstances so specified.

(2) The Minister shall not make an order under subsection (1)
unless he is satisfied that the acts specified in the order in rela-
tion to the work -

(a) are necessary in the public interest in connection
with an event of national importance;

(b) would not conflict with the normal exploitation of
the work; and

(c) would not unreasonably prejudice the legitimate in-
terest of the owner of the copyright in the work.

(3) An order made under subsection (1) shall make provision
for the payment of equitable remuneration to the copyright owner
to be determined, in default of agreement, by the Copyright Tri-
bunal; and such order may contain such consequential, supple-
mental or ancillary provisions as appear to the Minister to be
necessary or expedient for the purpose of giving effect to the
order.

PART W - COPYRIGHT LICENSING

Preliminary

Interpretation for 87, (1) In this Part -
purposes of Part.

"licence" means any licence that is issued or offered by a
licensing body authorizing, in relation to works in which
copyright subsists, the doing of any of the acts restricted
by copyright;

"licensing body" means a society or other organization
which has as its main object or one of its main objects, the
negotiation or granting, either as owner or prospective

No. 22 of 2003. The Copyright Act, 2003. 69 ANTIGUA
AND

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owner of copynght or as agent for him, of licences, and
whose objects include the granting of licences covering
works of more than one author;

"licensing scheme" means a scheme setting ouf-

(a) the classes of case in which the operator of
the scheme, or the person on whose behalf
he acts, is willing to grant licences; and

(b) the tenns on which licences would be granted
in those classes of case,

and for this purpose a "scheme" includes anything in the nature
of a scheme, whether described as a scheme or as a tariff or by
any other name.

(2) References in this Part to licences or licensing schemes
covering works of more than one author do not include licences
or schemes covering only -

(a) a single collective work or collective works of which
the authors are the same; or

(b) works made by, or by employees commissioned by, a
single individual, firm, company or group of compa-
nies.

(3) For the purpose of subsection (2) "group" in relation to a
company means that company and -

(a) any other company which is its holding company or
subsidiary;

(b) any other company which is a subsidiary of the hold-
ing company;

(c) any company which directly or indirectly controls or
is controlled by any company referred to in para-
graph (a) or (b); and

(d) any company which is controlled by a person who
directly or indirectly controls a company referred to
in paragraph (a), (b) or ( 4 .

ANTIGUA 70 The Copyright Act, 2003. No. 22 of 2003.
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Licensing schemes 88. The provision of sections 89 to 94 apply to licensing
to which sections schemes of the following descriptions -
89 to 94 apply.

(a) licensing schemes operated by licensing bodies in
relation to the copyright in literary, dramatic, musical
or artistic works or films (or film sound-tracks when
accompanying a film) or performance which cover
works of more than one author, so far as they relate
to licences for -

(9 copying the work;

(ii) performing, playing or showing the work in
public; or

(iii) broadcasting the work or including it in a ca-
ble programme service;

(b) all licensing schemes in relation to the copyright in
sound recordings (other than film sound-tracks when
accompanying a film), broadcasts or cable pro-
grammes or the typographical arrangement of pub-
lished editions; and

(c) all licensing schemes in relation to the copyright in
sound recordings, films or computer programmes so
far as they relate to licences for the rental of copies
to the public.

References and Applications Respecting Licensing Schemes

Reference of pro- 89. (1) The terms of a licensing scheme which a licensing
posed licensing body proposes to operate may be referred to the Copyright
scheme. Tribunal by an organization claiming to be representative of

persons claiming that they require licences in cases of a descrip-
tion to which the scheme would apply, either generally or in
relation to any description of case.

(2) The Tribunal shall first decide whether to entertain the
reference and decline to do so on the ground that the reference
is premature.

(3) Where the Tribunal decides to entertain the reference it
shall consider the matter referred and make such order, either

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confirming or varying the proposed scheme either generally or
so far only as it relates to cases of the description to which the
reference relates, as the Tribunal thinks reasonable in the cir-
cumstances.

(4) An order may be made under subsection (3) so as to be in
force indefinitely or for such period as the Tribunal may deter-
mine.

90. (1) Where during the operation of a licensing scheme a Reference of ex-
dispute arises between the operator of the scheme and - isting licensing

scheme.

(a) the person claiming that he requires a licence in a
case of a description to which the scheme applies; or

(b) an organization claiming to be representative of such
persons,

that person or organization may refer the scheme to the Copy-
right Tribunal in so far as it relates to cases of that description.

(2) A scheme which has been referred to the Tribunal under
this section shall remain in operation until proceedings on the
reference are concluded.

(3) The Tribunal shall consider the matter in dispute and
make such order, either confirming or varying the scheme so far
only as it relates to cases of the description to which the refer-
ence relates, as the Tribunal may determine to be reasonable in
the circumstances.

(4) The order may be made so as to be in force indefinitely or
for such period as the Tribunal may determine.

91. (1) Where the Copyright Tribunal has on a previous ref- Further reference
erence of a licensing scheme under section 89 or 90, or under scheme.

this section, made an order with respect to the scheme then,
while the order remains in force -

(a) the operator of the scheme;

(b) a person claiming that he requires a licence in a case
of the description to which the order applies; or

ANTIGUA 72 The Copyright Act, 2003. No. 22 of 2003.
AND

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(c) an organization claiming to be representative of such
persons, may refer the scheme again to the Tribunal
so far as it relates to cases of that description.

(2) A licensing scheme shall not, except with the special leave
of the Tribunal, be referred again to the Tribunal in respect of
the same description of cases -

(a) within twelve months from the date of the order on
the previous reference; or

(b) if the order was made so as to be in force for fifteen
months or less, until the last three months before the
expiry of the order.

(3) A scheme which has been referred to the Tribunal under
this section shall remain in operation until proceedings on the
reference are concluded.

(4) The Tribunal shall consider the matter in dispute and
make such order, either confirming, varying or further varying
the scheme so far only as it relates to cases of the description to
which the reference relates, as the Tribunal may determine to be
reasonable in the circumstances.

(5) The order may be made so as to be in force indefinitely or
for such period as the Tribunal may determine.

Appllcatlon for 92. (1) A person who claims, in a case covered by a licensing
grant of licence in scheme, that the operator of the scheme has refused to grant
connection with
licensing scheme.

him or procure the grant to him of a licence in accordance with
the scheme, or has failed to do so within a reasonable time after
being asked, may apply to the Copyright Tribunal.

(2) A person who claims, in a case excluded from a licensing
scheme, that the operator of the scheme either -

(a) has refused to grant him a licence or procure the
grant to him of a licence, or has failed to do so within
a reasonable time of being asked, and that in the
circumstances it is unreasonable that a licence should
not be granted; or

(b) proposes terms for a licence which are unreason-
able, may apply to the Copyright Tribunal.

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(3) A case shall be regarded as excluded from a licensing
scheme for the purposes of subsection (2) if -

(a) the scheme provides for the grant of licences sub-
ject to terms excepting matters from the licence and
the case falls within such an exception; or

(b) the case is so similar to those in which licences are
granted under the scheme that it is unreasonable
that it should not be dealt with in the same way.

(4) If the Tribunal is satisfied that the claim is well-founded, it
shall make an order declaring that, in respect of the matters
specified in the order, the applicant is entitled to a licence on
such terms as the Tribunal may determine to be applicable in
accordance with the scheme or, as the case may be, to be rea-
sonable in the circumstances.

(5) The order may be made so as to be in force indefinitely or
for such period as the Tribunal may determine.

93. (1) Where the Copyright Tribunal has made an order un- Application for
der section 92 that a person is entitled to a licence under a review as

tlement to licence. licensing scheme, the operator of the scheme or the original
applicant may apply to the Tribunal to review its order.

(2) An application shall not be made, except with the special
leave of the Tribunal -

(a) within twelve months from the date of the order or of
the decision on a previous application under this
section; or

(b) if the order was made so as to be in force for fifteen
months or less or, as a result of the decision on a
previous application under this section, is due to
expire within fifteen months of that decision, until
the last three months before the expiry date.

(3) The Tribunal shall on an application for review confirm or
vary its order as the Tribunal may determine to be reasonable
having regard to the tenns applicable in accordance with the
licensing scheme or, as the case may be, the circumstances of
the case.

ANnGUA 7f The Copyright Act, 2003. No. 22 of 2003.
AND

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Effect of order of 94. (1) A licensing scheme which has been confirmed or
Tribunal as li- varied by the Copyright Tribunal under section 89 or 90 shall be
censing scheme. in force, or as the case may be, remain in operation so far as it

relates to the description of case in respect of which the order is
made, so long as the order remains in force.

(2) While the order is in force a person who in a case of a
class to which the order applies -

(a) pays to the operator of the scheme any charges pay-
able under the scheme in respect of a licence cover-
ing the case in question or, if the amount cannot be
ascertained, gives an undertaking to the operator to
pay them when ascertained; and

(b) complies with the other terms applicable to such a
licence under the scheme,

shall be in the same position as regards infringement of copy-
right as if he had at all material times been the holder of a licence
granted by the owner of the copyright in question in accord-
ance with the scheme.

(3) The Tribunal may direct that the order, so far as it varies
the amount of charges payable, shall h v e effect from a date
before that on which it is made, not being a date earlier than the
date on which the reference was made or, where the scheme
came into operation after the reference was made, not being a
date earlier than the date on which the scheme came into opera-
tion; but no such direction may be made where subsection (5)
applies.

(4) If a direction is made under subsection (3) -

(a) any necessary repayments, or M e r payments, shall
be made in respect of charges already paid; and

(b) the reference in paragraph (a) of subsection (2) to
the charges payable under the scheme shall be con-
strued as a reference to the charges so payable by
virtue of the order.

(5) An order of the Tribunal under section 89 or 90 made with
respect to a scheme which is certified for any purpose under

No. 22 of 2003. i%Z'Capyright Act, 2003. 75 ANTIGUA
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section 102 has effect, so far as it varies the scheme by reducing
the charge payable for licences, from the date on which the
reference was made to the Tribunal.

(6) Where the Tribunal has made an order under section 92
and the order remains in force, the person in whose favour the
order is made shall, if he satisfies the conditions specified in
subsection (7), be in the same position as regards infringement
of copyright as if he had at all material times been the holder of
a licence granted by the owner of the copyright in question on
the terms specified in the order.

(7) The conditions referred to in subsection (6) are that the
person mentioned in that subsection shall -

(a) pay to the operator of the scheme any charges pay-
able in accordance with the order or, if the amount
cannot be ascertained, give an undertaking to pay
the charges when ascertained; and

(b) comply with the other terms specified in the order.

References and Applications Respecting Licences and
Licensing Bodies

95. (1) Sections 96 to 99 apply to the following descriptions Licences to which
of licence granted by a licensing body otherwise than in pursu- Sections 96 to 99
ance of a licensing scheme - apply.

(a) licences relating to the copyright in literary, dramatic,
musical or artistic works or films (or frlm sound-kdcks
when accompanying a film) which cover works of
more than one author, so far as they authorize -

(i) copying the work;

(ii) performing, playing or showing the work in
public; or

(iii) broadcasting the work or including it in a ca-
ble programme service;

(b) any licence relating to the copyright in a sound re-
cording (other than a film sound-track when accom-

ANTIGUA 76 The Copyright Act, 2003. No. 22 of 2003.
AND

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panying a film), broadcast or cable programme, or
the typographical arrangement of a published edi-
tion; and

(c) all licences in relation to the copyright in sound re-
cordings, films or computer programmes so far as
they relate to the rental of copies to the public.

Reference to Tri- 96. (1) The terms on which a licensing body proposes to
burial Of proposed grant a licence may be referred to the Copyright Tribunal by the
licence.

prospective licensee.

(2) The Tribunal shall first decide whether to entertain the
reference, and may decline to do so on the ground that the
reference is premature.

(3) If the Tribunal decides to entertain the reference it shall
consider the terms of the proposed licence and make such order,
either confirming or varying the terms, as it may determine to be
reasonable in the circumstances.

(4) The order may be made so as to be in force indefinitely or
for such period as the Tribunal may determine.

Reference to Tri- 97. (1) A licensee under a licence which is due to expire by
of expiring effluxion of time or as a result of notice given by the licensing

licence. body, may apply to the Copyright Tribunal on the ground that it
is unreasonable in the circumstances that the licence should
cease to be in force.

(2) Such an application may not be made until the last three
months before the licence is due to expire.

(3) A licence in respect of which a reference has been madrto
the Tribunal shall remain in operation until proceedings on the
reference are concluded.

(4) If the Tribunal finds the application well-founded, it shall
make an order declaring that the licensee shall continue to be
entitled to the benefit of the licence on such terms as the Tribu-
nal may determine to be reasonable in the circumstances.

(5) An order of the Tribunal under this section may be made
so as to be in force indefinitely or for such period as the Tniunal
may determine.

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98. (1) Where the Copyright Tribunal has made an order un- Tribunal may re-
der section 96 or 97, the licensing body or the person entitled to view order as li-

the benefit of the order may apply to the Tribunal to review its cence.

order.

(2) An application shall not be made, except with the special
leave of the Tribunal -

(a) within twelve months from the date of the order or of
the decision on a previous application under this
section; or

(b) if the order was made so as to be in force for fifteen
months or less or, as a result of the decision on a
previous application under this section, is due to
expire within fifteen months of that decision, until
the last three months before the expiry date.

(3) The Tribunal shall on an application for review confirm or
vary its order as the Tribunal may determine to be reasonable in
the circumstances.

99. (1) Where the Copyright Tribunal has made an order un- Effect of order of
der section 96 or 97 and the order remains in force, the person Tribunal as to li-
entitled to the benefit of the order shall, if he satisfies the condi-

cence
'

tions specified in subsection (2), be in the same position as
regards infringement of copyright as if he had at all material
times been the holder of a licence granted by the owner of the
copyright in question on the terms specified in the order.

(2) The conditions referred to in subsection (1) are that the
person mentioned in that subsection shall -

(a) pay to the licensing body any charges payable in
accordance with the order or, if the amount cannot
be ascertained, give an undertaking to pay the
charges when ascertained; and

(b) comply with the other terms specified in the order.

(3) The benefit of the order may be assigned -

(a) in the case of an order under section 96, if assign-
ment is not prohibited under the terms of the Tribu-
nal's order; and

ANTIGUA 78 The Copyright Act, 2003. No. 22 of 2003.
AND

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(b) in the case of an order under section 97, if assign-
ment was not prohibited under the terms of the origi-
nal licence.

(4) The Tribunal may direct that an order under section 96 or
97, or an order under section 98 varying such an order, so far as
it varies the amount of charges payable, shall have effect from a
date before that on which it was made, not being a date earlier
than the date on which the reference or application was made or,
where a licence was granted or was due to expire after the refer-
ence was made, not being a date earlier than the date on which
the licence was granted or, as the case may be, was due to expire.

(5) If such a direction is made -

(a) any necessary repayments or further payments, shall
be made in respect of charges already paid; and

(b) the reference in paragraph (a) of subsection (1) to
the charges payable in accordance with the order
shall be construed, where the order is varied by a
later order, as a reference to the charges so payable
by virtue of the later order.

Supplementary

Matters prescribed 100. Regulations made under section 150 may prescribe the
for matters which the Copyright Tribunal shall take into account on

a reference or application made under this Part in respect of any
class or classes of case.

Royalty payable 101. (1) An application to settle the royalty or other sum
for Of sound payable in pursuance of section 78 may be made to the Copy-
recordings, etc. right Tribunal by the copyright owner or the person claiming to

be treated as licensed by him.

(2) The Tribunal shall consider the matter and make such
order as it may determine to be reasonable in the circumstances.

(3) Either party may subsequently apply to the Tribunal to
vary the order and the Tribunal shall consider the matter and
make such order confirming or varying the original order as it
may determine to be reasonable in the circumstances.

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(4) An application under subsection (3) shall not, except with
the special leave of the Tribunal, be made within twelve months
from the date of the original order or of the order on a previous
application under that subsection.

(5) An order under subsection (3) has effect from the date on
which it is made or such later date as may be specified by the
Tribunal.

102. (1) On the application of any person operating or pro- Ministerial order
posing to operate a licensing scheme for the purposes of sec- in relation to l i-
tions 58,78 and such other provisions as may be prescribed, the censing scheme.

Minister shall by order certify the scheme if he is satisfied that
it-

(a) enables the works to which it relates to be identified
with sufficient certainty by persons likely to require
licences; and

(b) sets out clearly the charges (if any) payable and the
other terms on which licences will be granted.

(2) The scheme shall be scheduled to the order and the scheme
shall come into operation for the purposes of sections 58,78 or
such other provisions as may be prescribed -

(a) on such date, being not less than eight weeks after
the order is made, as may be specified in the order; or

(b) if the scheme is the subject of a reference under sec-
tion 89, any later date on which the order ofthe Copy-
right Tribunal under that section comes into force or
the reference is withdrawn.

(3) A variation of the scheme is not effective unless the order
is amended by the Minister; and the Minister shall make the
amendment in the case of a variation ordered by the Copyright
Tribunal on a reference under section 89,90 or 91 and may do so
in any other case if he thinks fit.

(4) The Minister may, by order revoke an order made under
subsection (1) if it appears to him that the scheme to which the
order relates is no longer being operated according to its terms,
and shall revoke the order if the scheme ceases to be operated.

ANTIGUA 80 The Copyright Act, 2003.
AND

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No. 22 of 2003.

PART VJII-THE COPYRIGHT TRIBUNAL

Establishment of 103. (1) There is hereby established for the purposes of this
Tribunal. Act a tribunal to be called the Copyright Tribunal.

Schedule (2) The provisions of the Schedule shall have effect as to the
constitution of the Tribunal and otherwise in relation thereto.

Jurisdiction of 104. (1) The functions of the Tribunal shall be -
Tribunal.

(a) to hear and determine -

(i) any matter referred to it pursuant to any pro-
vision of Part VII relating to a licensing scheme
or licence;

(ii) an application under section 101 to settle the
royalty or other sum payable for rental of a
sound recording, film or computer programme;

(b) to keep under review the prescribed rate of royalty
payable to a performer in connection with an adapta-
tion of an original recording of his perfonnance; and

(c) to make recommendations to the Minister on the rate
of royalties or other payments payable in respect of
the use or presentation in such national cultural
event as he may by order designate of any works or
performance in which copyright or other rights sub-
sist.

(2) In relation to its functions under subsection (1) (b), the
Tribunal may from time to time on its own initiative and shall, on
a request made in writing by the Minister, enquire into the ap-
propriateness of such rate and make such recommendations to
the Minister with respect thereto as it thinks fit.

Regulations relat- 105. (1) The Minister may make regulations relating to pro-
ing to proceedings ceedings before the Copyright Tribunal and provisions shall be
o f Tribunal.

made in such regulations -

(a) prohibiting the Tribunal from entertaining a refer-
ence under section 89,90 or 9 1 by a representative
organization unless the Tribunal is satisfied that the

No. 22 of 2003. The Copyright Act, 2003. 8 1 ANTIGUA
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organization is reasonably of representative of the
class of persons which it claims to represent;

(b) specifying the parties to any proceedings and ena-
bling the Tribunal to make a party to the proceed-
ings any person or organization which the Tribunal
is satisfied has a substantial interest in the matter;
and

(c) requiring the Tribunal to give the parties to the pro-
ceedings an opportunity to state their case, in writ-
ing or orally as the regulations may provide.

(2) The regulations may prescribe any matter incidental to or
consequential upon any appeal from the Tribunal under section
106.

(3) Regulations made under this section shall be subject to
negative resolution of the House of Representatives.

106. ( 1 ) An appeal lies on any point of law arising from a Appeal on point
decision of the Copyright Tribunal to the Court of Appeal. of law.

(2) Regulations made under section 105 may limit the time \
within which an appeal may be brought.

PART K-RIGHTS IN PERFORMANCES

107. (1) By virtue of, and subject to the provisions of this Conferment of
Part, rights are conferred on - rights in perfom-

ances.

(a) a performer, requiring his consent to the exploitation
of his performance; and

(b) a person having recording rights in relation to a per-
formance, requiring his consent to the making of a
recording of that performance.

(2) The rights conferred by this Part are independent of -

(a) any copyright in or moral rights relating to any work
used or performed in the performance; and

(b) any other right or obligation arising otherwise than
under this Part.

ANTIGUA 82 The Copyright Act, 2003.
ANT)

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No. 22 of 2003.

Perf~rmers' Rights

Consent required 108. (1) A performer's rights are infringed by a person who,
for recording etc. without his consent -
of performance.

(a) makes, otherwise than for his private and domestic
use, a recording of the whole or any substantial part
of a qualifying performance or makes copies, directly
or indirectly, from such a recording; or

(b) broadcasts live, or includes live in a cable programme
service, or communicates live to the public, the whole
or any substantial part of a qualifying performance.

(2) In an action for hfiingement of a performer's rights brought
by virtue of this section, damages shall not be awarded against
a defendant who shows that at the time of the infringement he
believed on reasonable grounds that consent had been given.

Infringement of 109. A performer's rights are infringed by a person who,
performer's without his consent -
rights by use of re-
cording.

(a) shows or plays in public the whole or any substan-
tial part of a qualifying performance; or

(b) broadcasts or includes in a cable programme service
the whole or any substantial part of a qualifying per-
formance,

by means of a recording which was made without the perform-
er's consent and that person knows or has reason to believe
that it was so made.

Consent and roy- 110. (1) A performer's rights are infringed by a person who,
alty for without his consent and payment of royalty at the prescribed
for adaptation of
recording. rate, uses an original recording of a qualifying performance

(whether authorized or not) for the purpose of making an adap-
tation of the recording.

(2) In subsection (1) "an adaptation of the recording" means
a recording in which the performance is accompanied by lyrics
or music not contained in the original recording.

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111. (1) A performer's rights are infringed by a person who, Infringement of
without his consent - performer's

rights by import-
ing etc. illicit

(a) imports into Antigua and Barbuda otherwise than recording.
for his private and domestic use; or

(b) distributes to the public by sale or other transfer of
ownership, of a fixation of his performance, or cop-
ies thereof, that has not already been subject to a
distribution authorized by the performer;

recording of a qualifying performance which is, and which that
person knows or has reason to believe is, an illicit recording.

(2) Where in an action for infringement of a performer's rights
brought by virtue of this section a defendant shows that the
illicit recording was innocently acquired by him or a predeces-
sor in title of his, the remedy in damages available against him in
respect of the infringement is an amount not exceeding a reason-
able payment in respect of the act complained of.

(3) In subsection (2) "innocently acquired" means that the
person acquiring the recording did not know and had no reason
to believe that it was an illicit recording.

Rights of Person Having Recording Rights

112. (1) A person infringes the rights of a person having Consent required
recording rights in relation to a performance who, without his for recoding Per-

formance subject consent, makes a recording of the whole or any substantial part to exclusive con- of the performance otherwise than for his private and domestic tract.
use.

(2) In an action for infringement of those rights brought by
virtue of this section, damages shall not be awarded against a
defendant who shows that at the time of the infringement he
believed on reasonable grounds that consent had been given.

113. ( 1 ) A person infringes the rights of a person having Infringement o f
recording rights in relation to a performance who, without his 'ecording rights

by use of record- consent - ing.

(a) shows or plays in public the whole or any substan-
tial part of the performance; or

ANTIGUA 84 The Copyright Act, 2003. No. 22 of 2003.
AND

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(b) broadcasts or includes in a cable programme service
the whole or any substantial part of the perfonn-
ance,

by means of a recording which was, and which that person
knows or has reason to believe was, made without the appropri-
ate consent.

(2) The reference in subsection (1) to the "appropriate con-
sent" is to the consent of the person who at the time the consent
was given had recording rights in relation to the performance
(or, if there was more than one such person, of all of them).

Infringement of 114. (1) A person infringes the rights of a person having
recording rights recording rights in relation to a performance who, without his
by importing etc. consent -
illicit recording.

(a) imports into Antigua and Barbuda otherwise than
for his private and domestic use; or

(b) in the course of a business possesses sells or lets
for hire, offers or exposes for sale or hire or distrib-
utes,

a recording of the performance which is, and which that person
knows or has reason to believe is, an illicit recording.

(2) Where in an action for inhngement of those rights brought
by virtue of this section a defendant shows that the illicit re-
cording was innocently acquired by him or a predecessor in title
of his, the remedy in damages available against him in respect of
the infringement is an amount not exceeding a reasonable pay-
ment in respect of the act complained of.

(3) In subsection (2) "innocently acquired" means that the
person acquiring the recording did not know and had no reason
to believe that it was an illicit recording.

Exceptions to Infringement

Permitted acts in 115. Notwithstanding the rights in performances conferred
relation to per- by this Part -
formances.

No. 22 of 2003. The Copyright Act, 2003. 85 ANTIGUA
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(a) any act done in relation to a performance or record-
ing in the circumstances specified hereunder does
not constitute an infringement of the rights; and

(b) the Copyright Tribunal may give consknt on behalf
of a performer in .the circumstances specified in sec-
tion 128.

116. Fair dealing with a performance or recording - Fair dealing for
critirism, etc.

(a) for the purpose of criticism or review of that or an-
other performance or recording, or of a work; or

(b) for the purpose of reporting current events,

does not infringe any of the rights conferred by this Part, and
the provisions of section 54 shall, with the necessary modifica-
tions, apply in determining whether or not an act constitutes fair
dealing.

117. The rights conferred by this Part are not infringed - Incidental incl u-
sion o f perform-

(a) by the incidental inclusion in a sound recording, film,
ance

Or recording.

broadcast or cable programme of a performance or
recording;

(b) by anything done in relation to copies of, or the
playing, showing, broadcasting or inclusion in a ca-
ble programme service of, anything whose making
was not an infringement of those rights, by virtue of
paragraph (a),

and for the purposes of this section, a performance or recording
so far as it consists of music, or words spoken or sung with
music, shall not be regarded as incidentally included in a sound
recording broadcast or cable programme if it is deliberately in-
cluded.

118. (1) The rights conferred by this Part are not infringed by Acts done to re-
the copying of a recording of a perfbrmance in the course of cording Or per-

formance for pur-
instruction, or of preparation for instruction, in the making of poses of instruc-
films or film sound-tracks, provided the copying is done by a tion etc.
person giving or receiving instruction.

ANTIGUA 86 The Copyright Act, 2003. No. 22 of 2003.
AND

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(2) The rights conferred by this Part are not infringed -

(a) by the copying of a recording of a performance for
the purposes of setting or answering the questions
in an examination; or

(b) by anything done for the purposes of an examina-
tion by way of communicating the questions to the
candidates.

(3) Where a recording which would otherwise be an illicit
recording is made in accordance with this section but is subse-
quently dealt with, it shall be treated as an illicit recording for
the purposes of that dealing, and if that dealing infringes any
right conferred by this Part, for all subsequent purposes.

(4) In subsection (3) and in section 1 19 (2) "dealt with" means
sold or let for hire, or offered or exposed for sale or hire.

Recording of 119. (1) A recording of a broadcast or cable programme or a
and copy of such recording, may be made by or on behalf of an

cable programme
by educational educational establishment for the educational purposes of that
establishment. establishment without thereby infringing any of the rights con-

ferred by this Part in relation to any performance or recording
included in it.

(2) Where a recording which would otherwise be an illicit
recording is made in accordance with this section but is subse-
quently dealt with (as defined in section 1 18 (4) it shall be treated
as an illicit recording for the purposes of that dealing and, if that
dealing infringes any right conferred by this Part, for all subse-
quent purposes.

~ c t s done to 120. The rights conferred by this Part are not infringed by
performance anything done for the purposes of -
recording for
Parliamentary
Proceedings, etc. (a) parliamentary or judicial proceedings or the report-

ing of such proceedings; or

(b) the proceedings of a statutory inquiry or the report-
ing of such proceedings held in public.

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121. (1) Where a recording or a performance in electronic Transfer or
form has been purchased on terms which, expressly or impliedly recording

performance in or by virtue of any rule of law, allow the purchaser to make electronic
further recordings in connection with his use of the recording,
then, in the absence of any express terms -

(a) prohibiting the transfer of the recording by the pur-
chaser;

(b) imposing obligations which continue after a trans-
fer;

(c) prohibiting the assignment of any consent;

(d) terminating any consent on a transfer; or

(e) providing for the terms on which a transferee may do
the things which the purchaser was permitted to do,

anything which the purchaser was allowed to do may also be
done by a transferee without infringement of the rights con-
ferred by this Part, but any recording made by the purchaser
which is not also transferred shall be treated as an illicit record-
ing for all purposes after the transfer.

(2) Subsection (1) applies where the original purchased re-
cording is no longer usable and what is transferred is a further
copy used in its place.

(3) This section also applies on a subsequent transfer, with
the substitution for references in subsection (1) to the pu~chaser
of references to the subsequent transferor.

(4) This section does not apply in relation to a recording
purchased before the commencement of this Act.

122. (1) Where a recording of the reading or recitation of a Use of recordings
literary work is made the purpose of - of spoken words.

(a) reporting current events; or

(b) broadcasting or including in a cable programme serv-
ice the whole or part of the reading or recitation,

ANTIGUA 88 The Copyright Act, 2003.
AND

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No. 22 of 2003.

it is not an infringement of the rights conferred by this Part to use
the recording (or to copy the recording and use the copy) for
that purpose, provided the conditions specified in subsection
(2) are met.

(2) The conditions referred to in subsection (1) are that -

(a) the recording is a direct recording of the reading or
recitation and is not taken from a previous recording
or from a broadcast or cable programme;

(b) the making of the recording was not prohibited by or
on behalf of the person giving the reading or recita-
tion;

(c) the use made of the recording is not of a kind prohib-
ited by or on behalf of that person before the record-
ing was made; and

(d) the use is by or with the authority of a person who is
lawfully in possession of the recording.

Playing sound re- 123. It is not an infringement of any right conferred by this
cording for Part to play a sound recording as part of the activities of, or for
charitable pur-
poses. the benefit of, a club, society or other organization if -

(a) the organization is not established or conducted for
profit and its main objects are charitable or are other-
wise concerned with the advancement of religion,
education or social welfare; and

(b) the proceeds of any charge for admission to the place
where the recording is to be heard are applied solely
for the purposes of the organization.

Incidental 124. (1) Subject to subsection (2), a person who proposes to
recording for broadcast a recording of a performance, or to include a record-
purposes of ing of a performance in a cable programme service, in circum-
broadcast or cable
programme. stances not infringing the rights conferred by this Part, shall be

treated as having consent for the purposes of this Part for the
making of a further recording for the purposes of the broadcast
or cable cast or programme.

(2) The consent given under subsection (1) is subject to the
following conditions -

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(a) the further recording shall not be used for any other
purpose; and

(b) such recording shall be destroyed within twenty-
eight days of being first used for broadcasting the
performance or including it in a cable programme
service.

(3) A recording made in accordance with this paragraph shall
be treated as an illicit recording -

(a) for the purposes of any use in breach of the condi-
tion mentioned in paragraph (a) of subsection (2);
and

(b) for all purposes after that condition or the condition
mentioned in paragraph (b) of subsection (2) is
breached.

125. (1) The rights conferred by this Part are not infringed by Recording for
the making or use by a prescribed broadcasting organization for supe~ision and

control of the purpose of maintaining supervision and control over pro- programmes.
grammes broadcast by that organization, of recordings of those
programmes.

(2) The rights conferred by this Part are not infringed by the
making or use of recordings by the Antigua Broadcasting Serv-
ice in connection with and for the purpose of carrying out its
functions under the law relating to broadcasting.

126. (1) A recording of a broadcast or cable programme of a Recording of
designated class, or a copy of such a recording, may be made for broadcast etc. fc .
the purpose of being placed in an archive maintained by a des- purpus'

ignated body without thereby infringing any right conferred by
this Part in relation to a performance or recording included in the
broadcast or cable programme.

(2) In this section "designated" has the meaning assigned to
that expression in section 82 (2).

127. (1) Subject to the provisions of this section, the Minis- Order excepting
ter may, by order, subject to negative resolution, provide that acts from infring-
the rights conferred by this Part are not infringed by the doing : ;:i!s wder
of such acts in relation to the performance as are specified in the

ANTIGUA 90
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The Copyright Act, 2003. No. 22 of 2003.

order, where such acts are done in the circumstances so speci-
fied.

(2) The Minister sharnot make an order under subsection (1)
unless he is satisfied that the acts specified in the order-

(a) are necessary in the public interest in connection
with an event of national importance;

(b) would not conflict with the normal exploitation of
the performance; and

(c) would not unreasonably prejudice the legitimate in-
terest of the performer or any person having rights
in the performance.

(3) An order made under subsection (1) shall make provision
for the payment of equitable remuneration to any person having
rights conferred by this Part to be determined, in default of agree-
ment, by the Copyright Tribunal; and such order may contain
such consequential, supplemental or ancillary provisions as
appear to the Minister to be necessary or expedient for the pur-
pose of giving effect to the order.

Tribunal may con- 128. (1) Subject to the provisions of this section, the Copy-
sent On right Tribunal may, on the application of a person who wishes to
performer. make a recording from a previous recording of a performance,

give consent in a case where -

(a) the identity or whereabouts of a performer cannot be
ascertained by reasonable inquiry; or

(b) a performer unreasonably withholds his consent.

(2) Consent given by the Tribunal has effect as consent of
the performer for the purposes of -

(a) the provisions of this Part relating to performers'
rights; and

(b) paragraph (a) of subsection (3) of section 134,

and may be given subject to such conditions as the Tribunal
may specify in the order.

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(3) The Tribunal shall not give consent under paragraph (a)
of subsection (1) except after the service or publication of such
notices as may be required by regulations made under section
105 or as the Tribunal may in any particular case direct.

(4) The Tribunal shall not give consent under paragraph (b)
of subsection (1) unless it is satisfied that the performer'srea-
sons for withholding consent do not include the protection of
any legitimate interest of his; but it shall be for the performer to
show what his reasons are for withholding consent, and in de-
fault of evidence as to his reasons the Tribunal may draw kuch
inferences as it thinks fit.

(5) In any case the Tribunal shall take into account the fol-
lowing factors -

(a) whether the original recording was made with the
performer's consent and is lawfully in the posses-
sion or control of the person proposing to make the
further recording;

(b) whether the making of the further recording is con-
sistent with the obligations of the parties to the ar-
rangements under which, or is otherwise consistent
with the purposes for which, the original recording
was made.

(6) Where the Tribunal gives consent under this section it
shall, in default of agreement between the applicant and the
performer, make such order as it thinks fit as to the payment to
be made to the performer in consideration of consent being
given.

Duration and Transmission of Rights in Performances;
Consent

129. The rights conferred by this Part continue to subsist in Duration of rights
relation to a performance until the end of the period of fifty years in performances.
from the end of the calendar year in which the perfo'rmance was
fixed in sound recording, or in the absence of such fixation, from
the end of the calendar year in which the performance takes
place.

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The Copyright Act, 2003. No. 22 of 2003.

Transmission of 130. (1) The rights conferred by this Part are not assignable
rights in perform- or transmissible, except to the extent that performers' rights are
ances.

transmissible as provided in this section.

(2) On the death of a person entitled t~~perfomer's rights -

(a) the rights pass to such person as he may by testa-
mentary disposition specifically direct; and

(b) if, or to the extent that there is no such direction, the
rights are exercisable by his personal representative,

and references in this Part to the performer, in the context of the
person having performer's rights, shall be construed as refer-
ences to the person for the time being entitled to exercise those
rights.

(3) Where by virtue of paragraph (a) of subsection (2) a right
becomes exercisable by more than one person, it is exercisable
by each of them independently of the other or others.

(4) Subsections (I), (2) and (3) are without prejudice to any
rights conferred by this Act on a person to whom has been
assigned the benefit of an exclusive recording contract or li-
cence to make recordings of a performance.

(5) Any damages recovered by personal representatives by
virtue of this section in respect of an infringement after a per-
son's death shall devolve as part of his estate as if the right of
action had subsisted and been vested in him immediately before
his death.

Consent. 131. (1) Consent for the purposes of this Part may be given in
relation to a specific performance, a specified description of
performances, or performances generally, and may relate topast
or future performances.

(2) A person having recording rights in a performance is
bound by any prior consent given by a person through whom
he derives his rights under the exclusive recording contract or
licence in question, in the same way as if the consent had been
given by him.

(3) Where a right conferred by this Part passes to anothu
person, any consent binding on the person previously entitled

No. 22 of 2003. The Copyright Act, 2003. 93 ANTIGUA
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binds the person to whom the right passes in the same way as if
the consent had been given by him.

Remedies for Infringement of Rights in Performances

132. An infringement of any of the rights conferred by this Infringement as
Part is actionable by the person entitled to the right as a breach breach of duty.
of statutory duty.

133. (1) Where a person has in his possession, custody or Order for delivery
control in the course of a business an illicit recording of a UP ofillicit record-

ing in civil pro- performance, a person having performer's rights or recording ceedings,
rights under this Part in relation to the performance may apply to
the court for an order that the recording be delivered up to him
or to such other person as the court may direct.

(2) An application shall not be made after the end of the
period specified in section 138; and the court shall not make an
order under this section unless it also makes an order under
section 137 for the disposal of the recording, or it is of the opin-
ion that there are grounds on which an order under that section
could be made.

(3) A person to whom a recording is delivered up in pursu-
ance of an order under this section shall, if an order under sec-
tion 137 is not made, retain it pending the making of an order, or
the decision not to make an order under that section.

(4) Nothing in this section affects any other power of the
court.

Offences

134. (1) A person commits an offence who without sufficient Criminal liability
consent - for making etc.

illicit recordings.

(a) makes for sale or hire; or

(b) imports into Antigua and Barbuda otherwise than
for his private and domestic use; or

(c) possesses in the course of a business with a view to
doing any act infringing the rights conferred by this
Part; or

ANTIGUA 94 The Copyright Act, 2003. No. 22 of 2003.
AND

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(d) in the course of a business -

(i) sells or lets for hire; or

(ii) offers or exposes for sale or hire; or

(iii) distributes,

a recording which is, and which he knows or has reason to
believe is, an illicit recording.

(2) A person commits an offence who causes a recording of a
performance made without sufficient consent to be -

(a) shown or played in public; or

(b) broadcast or included in a cable programme service,
thereby infringing any of the rights conferred by
this Part, if he knows or has reason to believe that
those rights are thereby infringed.

(3) In subsections (1) and (2) "sufficient consent" means -

(a) in the case of a qualifying performance that is not
subject to an exclusive recording contract, the con-
sent of the performer; and

(b) in the case of a performance that is subject to an
exclusive recording contract, the consent of the per-
son having recording rights.

(4) References in this section to the person having recording
rights are to the person having those rights at the time the con-
sent is given or, if there is more than one such person, to all of
them.

(5) No offence is committed under subsection (1) or (2) by the
doing of an act which, by virtue of any provision of this Part,
may be done without infringing the rights conferred by this Part.

(6 ) A person guilty of an offence under subsection (1) or (2)
is liable -

(a) on summary conviction to a fine not exceeding five
thousand dollars or to imprisonment for a tern not
exceeding five years;

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(b) on conviction on indictment to a fine not exceeding
ten thousand dollars or to imprisonment for a term
not exceeding five years, or to both such fine and
imprisonment.

135. (1) The court before which proceedings are brought Order for
against a person for an offence under section 134 may, if satis- delivery of

illicit recording in fied that at the time of his arrest or charge he had in his posses- criminal
sion, custody or control in the course of a business an illicit proceedings.
recording of a performance, order that it be delivered up to a
person having performers' rights or recording rights in relation
to the performance or to such other person as the court may
direct.

(2) 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 tlle person is convicted of the offence, but shall not be
made

(a) after the end of the period specified in section 138;
or

(b) if it appears to the court unlikely that any order will
be made under section 137.

(3) An appeal lies to the Court of Appeal from an order made
under this section.

(4) A person to whom an illicit recording 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 137.

136. (1) It is an offence for a person to represent falsely that False representa-
he is authorized by any person to give consent for the purposes tion of authority
of this Part in relation to a performance, unless he believes on to give consent.

reasonable grounds that he is so authorized.

(2) A person guilty of an offence under this section is liable
on summary conviction to a fine not exceeding five thousand
dollars or to imprisonment for a term not exceeding two years or
to both such fine and imprisonment.

ANTIGUA 96 The Copyright Act, 2003. No. 22 of 2003.
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PART X- GENERAL

Order for disposal 137. (1) An application may be made to the High Court for -
of infringing
copy or illicit
recording. (a) an order that an infringing copy or article delivered

up in pursuance of an order under sections 33 and 48
shall be -

(i) forfeited to the copyright owner; or

(ii) destroyed or otherwise dealt with as the court
may direct;

(b) an order that an illicit recording of a performance
delivered up in pursuance of an order under section
133 or 135 shallbe-

(i) forfeited to such person having performer's
rights or recording rights in relation to the
performance as the court may direct; or

(ii) destroyed or otherwise dealt with as the court
thinks fit; or

(c) a decision that no order under paragraph (a) or (b)
should he made.

(2) In considering what order (if any) should be made, the
court shall have regard to all the circumstances of the case and,
in particular -

A

(a) where the Infringement relates to copyright in a work,
whether other remedies available in an action for in-
fringement of copyright would be adequate to com-
pensate the copyright owner and to protect his in-
terest;

(b) where the infnngement relates to rights conferred
under Part IX, whether other remedies available in an
action for infringement of those rights would be ad-
equate to compensate the person or persons enti-
tled to the rights and to protect their interests.

(3) Provision shall be made by regulations as to the service of
notice on persons having an interest in the infringing copy or

No. 22 of 2003. The Copyright Act, 2003. 97 ANTIGUA
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other articles or the illicit recording, as the case may be, and any
such person is entitled-

(a) to appear in proceedings for an order under this sec-
tion whether or not he was served with notice; and

(b) to appeal against any order made, whether or not he
appeared, and an order shall not take effect until the
end of the period within which notice of an appeal
may be given or, if before the end of that period
notice of appeal is duly given, until the final determi-
nation or abandonment of the proceedings on the
appeal.

(4) Where there is more than one person interested in an
infringing copy or other article, or as the case may be, an illicit
recording, the court shall make such order as it thinks just and
may, in particular, direct that such copy, article or recording be
sold, or otherwise dealt with, and the proceeds divided.

(5) If the court decides that no order should be made under
this section, the person in whose possession, custody or con-
trol the copy or article or, as the case may be, the recording was
before being delivered up or seized is entitled to its return.

(6) References in this section to a person having an interest
in a copy or other article or a recording include any person in
whose favour an order could be made in respect of the copy,
article or, as the case may be, recording under this section.

138. (1) An application for an order under section 33 or 133 Per od after w k ~ i \
may not be made after the end of the period of six years from the delivery

available. date on which the infringing copy or article or, as the case may
be, the illicit recording in question was made, subject to the
following provisions.

(2) Notwithstanding subsection (1) a person who during the
whole or any part of the period mentioned in subsection (1) is
entitled to apply for an order -

(a) is under a disability; or

(b) is prevented by fraud or concealment fiom discover-
ing the facts entitling him to apply,

ANTIGUA 98
AND

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The Copyright Act, 2003. No. 22 of 2003.

may apply at any time before the end of the period of six years
from the date on which he ceased to be under a disability or, as
the case may be, could with reasonable diligence have discov-
ered those facts.

Time limit for 139. No prosecution for an offence under this Act shall be
prosecution. commenced after the expiration of five years after the commis-

sion of the offence or one year after the discovery there of,
whatever date last occurs.

Powers of member 140. (1) A Magistrate may, if satisfied by information on oath
that there is reasonable cause to believe that an offence against
this Act is being committed issue a warrant authorising a mem-
ber of the police not below the rank of an inspector to -

(a) enter and search any premises or place;

(b) stop, board and search any vessel (other than a ship
of war) or any aircraft (other than a military aircraft);
or

(c) stop and search any vehicle, in which the inspector
reasonably suspects there is an infringing copy of a
work or an illicit recorhng or any article used or in-
tended to be used for making infringing copies or
illicit recordings; and

(d) seize, remove or detain -

(i) any article which appears to the inspector to
be an infringing copy or an illicit recording or
any other article which appears to him to be
intended for use for making such copies or
recordings; and

(ii) anything which appears to him to be or to
contain, or to be likely to be or to contain,
evidence of an offence under this Act.

(2) An inspector to whom a warrant has been issued under
subsection (1) may -

(h) break open any outer or inner door of any place which
he is authorized by this section to enter and search;

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(b) forcibly board any vessel, aircraft or vehicle which
he is authorized under this Act to stop, board and
search;

(c) remove by force any person or thing obstructing
him in the exercise of any power conferred on him by
this Act;

(d) detain any person found in any place which he is
authorized under this section to search until such
place has been searched;

(e) detain any vessel or aircraft which he is authorized
under this section to stop, board and search, and
prevent any person from approaching or boarding
such vessel or aircraft until it has been searched;

0 detain any vehicle which he is authorized under this
Act to stop and search until it has been searched;

(10) It shall be the duty of any inspector in the execution of
any warrant given under subsection (1) to produce the warrant
to the owner or occupier of any premises, place, vessel or air-
craft entered or vehicle stopped, pursuant to such directions if
required by such owner or occupier to do so.

(1 1) An inspector to whom a warrant has been issued under
subsection (1) may call upon any constable to assist him in
execution of the warrant.

141. (1) A magistrate may, if he is satisfied by information on Restrictions on
oath that there is reasonable ground for suspecting that there is en@y and search

of domestic in any domestic premises any article which may be seized, re- premises.
moved or detained under any provision of this Act, issue a
warrant authorizing a member of the Police Force not below the
rank of Sergeant to enter and search the premises, and such
member may call upon any constable to assist him in entering
and searching the premises.

(2) In this section "domestic premises" means any premises
or any part thereof, used exclusively or mainly as a dwelling
house.

142. (1) Without prejudice to any other written law, any per- Obstruction of
son who - member of Police

Force.

ANTIGUA 100 The Copyright Act, 2003. No. 22 of 2003.
AND

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(a) willfully obstructs a member of the Police Force in
the exercise of his powers or the performance of his
duties under this Act;

(b) willfully fails to comply with any requirement prop
erly niade to him by any such member; or

(c) without reasonable excuse fails to give such member
any other assistance which he may reasonably re-
quire to be given for the purpose of exercising his
powers or performing his duties under this Act,

is liable on summary conviction to a fine not exceeding five
thousand dollars or to imprisonment for a term not exceeding
two years.

(2) A person who, when required to give information to a
member of the Police Force in the exercise of his powers or the
performance of his duties under this Act, knowingly gives false
or misleading information to any such member is liable on sum-
mary conviction to a fine not exceeding five thousand dollars or
to imprisonment for a term not exceeding two years.

(3) Nothing in this section shall be construed as requiring
any person to give any information which may incriminate him.{

Offences by body 143. Where an offence under this Act is committed by a
corporate. body of persons whether corporate or incorporate, every per-

son who at the time of the commission of the offence, acted in an
official capacity for or on behalf of the body of persons in re-
spect of that offence, whether as director, manager, secretary or
other similar officer, or purporting to act in that capacity com-
mits that offence and shall be tried under that offence.

Power to apply 144. (1) Subject to the provisions of this section the Minister
provisions Act may by order provide that in respect of any country specified in
to other country. the order, any provisions of this Act so specified shall apply -

(a) in relation to persons who are citizens or habitual
residents of that country as they apply to persons
who are citizens or habitual residents of Antigua
and Barbuda;

(b) in relation to bodies incorporated or established un-
der the law of that country as they apply in relation

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to bodies incorporated or established under the laws
of Antigua and Barbuda;

(c) in relation to literary, dramatic, musical or artistic
works, sound recordings, films and edi'tions first pub-
lished in that country as they apply in relation to
such works, sound recordings, films and editions
first published in Antigua and Barbuda;

(d) in relation to broadcasts made from or cable pro-
grammes sent from that country as they apply in
relation to broadcasts made fiom or cable programmes
sent from Antigua and Barbuda;

(e) in relation to performances taking place in that coun-
try or given by an individual who is a citizen or ha-
bitual resident of that country, as they apply in rela-
tion to performances taking place in Antigua and
Barbuda or given by an individual who is a citizen or
habitual resident of Antigua and Barbuda.

(2) An order made under this section applying any provi-
sions of this Act in relation to any country may apply that pro-
vision -

(a) without exception or modification or subject to such
exceptions and modifications as may be specified in
the order;

(b) generally or in relation to such classes of works or
other classes of case as may be so specified.

(3) An order shall not be made under this section in relation
to any country unless the country is -

(a) a Convention country; or

(b) a country as to which the Minister is satisfied that
provision has been or will be made under its law in
respect of the class of works or (as the case may be)
the performances, to which the order relates, giving
adequate protection to tlje owners of copyright un-
der this Act or, as the case may be, to Antigua and
Barbuda works and performances as defined in sec-
tion 145 (4).

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AND

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(4) In this section 'Convention country" means a country
which is a party to a Convention relating to copyright or per-
formers' rights, as may be appropriate, to which Antigua and
Barbuda is also a party.

Denial of copy- 145. (1) Ifit appears to the Minister that the laws of a country
right Or rights in fail to give adequate protection to Antigua and Barbuda works
performances.

to which this section applies or to Antigua and Barbuda per-
formances, or fail to give adequate protection in the case of one
or more classes of such works or performances, (whether the
lack of protection relates to the nature of the work or perform-
ance or the nationality, citizenship or country of its author or
performer or all of those matters) the Minister may, by order,
make provision in relation to that country in accordance with
subsection (2).

(2) An order made for the purposes of this section shall des-
ignate the country concerned and may provide either generally
or in relation to such classes of case as are specified in the order,
that copyright shall not subsist in works first published, or, as
the case may be, that rights in performances shall not subsist in
performances first given, after a date specified in the order (which
may be a date before the commencement of this Act) if, at the
time of the first publication of those works or the giving of the
performance, as the case may be, the authors of the works or the
performers were or are -

(a) citizens or nationals of that country, not being at
that time persons whose habitual residence is in An-
tigua and Barbuda or a specified country (excluding
the country concerned); or

(b) in the case of works, bodies incorporated or estab-
lished under the laws of that country.

(3) The Minister shall, in making an order under this section,
have regard to the nature and extent of the lack of protection for
Antigua and Barbuda works or Antigua and Barbuda perform-
ances in consequence of which the order is being made.

(4) This section applies to literary, dramatic, musical and ar-
tistic works, sound recordings and films, and for the purposes
of this section -

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"Antigua and Barbuda performances" means -

(a) performances given by individuals who are
citizens or habitual residents of Antigua and
Barbuda; or

(b) performances that take place in Antigua and
Barbuda;

"Antigua and Barbuda works" means works of which the
author was a qualified person at the material time within
the meaning of section 7 (3).

146. (1) This section applies to international organizations ~nternational
as to which the Minister by order has declared that it is expedi- Organizations.
ent that this section should apply.

(2) Where an original literary, dramatic, musical or artistic
work is first published by or under the direction or control of an
international organization to which this section applies in such
circumstances that copyright would not, except by virtue of this
subsection, subsist in the work immediately after the first publi-
cation thereof and -

(a) the work is so published in pursuance of an agree-
ment with the author which does not reserve to the
author the copyright, if any, in the work; or

(b) the work was made in such circumstances that, if it
had been first published in Antigua and Barbuda,
the organization would have been entitled to the
copyright in the work,

then, copyright shall subsist in the work by virtue of this sec-
tion and the organization shall be first owner of that copyright.

(3) Copyright of which an international organization is first
owner by virtue of this section shall subsist until the end of the
period of fifty years from the end of the calendar year in which
the work was made or such longer period as may be specified by
the Minister, by order, for the purpose of complying with the
international obligations of Antigua and Barbuda.

(4) An organization to which this section applies which oth-
erwise has not, or at some material time otherwise has not, the

ANTIGUA 104
AND

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The Copyright Act, 2003. No. 22 of 2003.

legal capacities of a body corporate shall have, and shall be
deemed at all material times to have had, the legal capacities of a
body corporate for the purpose of holding, dealing with and
enforcing copyright, and in connection with all legal proceed-
ings relating to copyright.

Territorial waters
and exclusive eco-
nomic zone.

Cap. 260.

Cap. 260.

Act applies to ship
aircraft registered
in state.

Act binds Crown.

Regulations.

Repeals.

Savings.

147. (1) For the purposes of this Act, the territorial sea and
the exclusive economic zone of Antigua and Barbuda shall be
treated as part of Antigua and Barbuda.

(2) This Act applies to things done in the exclusive economic
zone as it applies to things done in Antigua and Barbuda.

(3) In this section -

"exclusive economic zone" means the zone established
under section 10 of the Maritime Areas Act;

"territorial sea" means the waters described in section 5 of
the Maritime Areas Act.

148. (1) This Act applies to things done on an "Antigua and
Barbuda ship" or Antigua and Barbuda aircraft as it applies to
things done in Antigua and Barbuda.

(2) In this section "Antigua and Barbuda ship" and Antigua
and Barbuda aircraft" mean, respectively, a ship or aircraft regis-
tered in Antigua and Barbuda.

149. This Act binds the Crown.

150. The Minister may make regulations prescribing such
matters as are required or permitted by this Act to be prescribed
or as are necessary or desirable to be prescribed for giving ef-
fect to this Act.

151. The Copyright Act, Cap 104, and the Copyright Act,
19 1 1 of the United Kingdom, in so far as it forms part of the laws
of Antigua and Barbuda are hereby repealed.

152. Nothing in this Act shall affect the operation of any rule
of equity relating to a breach of trust or confidence.

No. 22 of 2003. The Copyright Act, 2003. 105 ANTIGUA
AND

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153. (1) Where immediately prior to the appointed day copy- Transitional
right subsists in Antigua and Barbuda in any literary, dramatic, p

rovisions.

musical or artistic work by virtue of the Copyright Act, 19 1 1 of
the United Kingdom, such copyright shall subsist, and the per-
son entitled thereto by virtue of that Act shall be the owner
thereof, under and subject to this Act, and in particular -

(a) the duration of such copyright;

(b) the acts comprised within the exclusive rights at-
taching to such copyright; and

(c) the effect upon the ownership of such copyright of
any event or transaction occurring or of any con-
tract or agreement made on or after the appointed
day, shall be governed by this Act.

(2) Where, on the appointed day copyright subsists in Anti-
gua and Barbuda by virtue of section 19 (1) of the Copyright
Act, 19 1 1 of the United Kingdom, in any record, perforated roll
or other contrivance by virtue of which sounds may be me-
chanically produced, by virtue of section 12 (1) of the Copyright
Act, 1956 of the United Kingdom in any sound recording, such
copyright shall continue -

(a) to subsist for the remainder of the period for which it
would have subsisted if this Act had not been
passed; and

(b) in relation to any such record, perforatedroll or con-
trivance, sound recording, to have the meaning and
effect it would have had if this Act had not been
passed.

(3) The provisions of this Act shall also apply to works,
performances, sound recordings and broadcasts which were
made prior to the date of the corning into effect of this Act,
provided that the term of protection has not expired under the
former legislation or under the legislation of the country of ori-
gin of such works, performances, sound recordings, or broad-
casts that are to be protected under an international treaty to
which Antigua and Barbuda is a party.

(4) No act done before the appointed day is actionable by
virtue of the conferment of the rights specified in Part 111.

ANTIGUA 106 The Copyright Act, 2003. No. 22 of 2003.
AND

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(5) The riglit conferred by section 14 to be identified as the
author or, as the case may be, director of a work, and the right
conferred by section 15 to object to derogatory treatment of
such work, shall not apply -

(a) in relation to a literary, dramatic, musical or artistic
workof which the author died before the appointed
day; or

(b) in relation to a film made before the appointed day.

\ (6) The rights in relation to a literary, dramatic, musical or
artistic work existing before the appointed day do not apply -

(a) where copyright first vested in the author, to any-
thing which, by virtue of an assignment of copyright
nude or licence granted before the appointed day,
may be done without infringing copyright;

(b) where copyright first vested in a person other than
the author, to anything done by or with the licence
of the copyright owner.

(7) The right to privacy conferred by section 17 in respect of
photographs and films does not apply to photographs taken or
films made, before the appointed day.

(8) Where before the appointed day any person has incurred
any expenditure or liability in connection with or in contempla-
tion of, the doing of an act in relation to a protected work or a
performance in respect of which rights are conferred by this
Act, being an act which prior to that date would have been
lawful, nothing in this Act shall diminish or prejudice any rights
or interests which, in relation to that work or performance, are
subsisting and valuable on the appointed day, unless the per-
son who, by virtue of this Act, is the owner of the copyright or
the person having rights in the performance agrees to pay such
compensation as, in default of agreement, may be determined by
the Copyright Tribunal.

(9) Where an act done before the appointed day was then an
infringement of copyright but is not an infringement of copy-
right under this Act, then, proceedings in respect of that Act
may be taken as if this Act had not been passed.

No. 22 of 2003. The Copyright pet, 2603. 107 ANTIGUA
AND

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(10) An act done before the appointed day shall not be an
infringement of copyright or rights in performances conferred
by this Act if that Act would not, but for the passing of this Act,
have constituted an infringement.

(1 1) Proceedings for infringement of copyright instituted but
not disposed of before the appointed day shall be disp~sed of
as if this Act had not been passed.

(12) Proceedings under this Act for hfhgement may be taken
notwithstanding that the alleged infringement occurred before
the appointed day.

(13) In this section "appointed day" means the day appointed
pursuant to section 1.

,9cmmULE
(Section 103 (2))

Copyright Tribunal

1. (1) The Tribunal shall consist of a chairman and a deputy constitution of
chairman and not more than three other members. Tribunal.

(2) A person eligible for appointment as chairman or a deputy
chairman shall be an attorney-at-law of not less than ten years
standing or a person who has held the office of a judge.

2. The members of the Tribunal shall be appointed by the Appointment of
Governor General by instrument in writing, and, subject to the n~elnbers.
provisions of this Schedule, shall hold office for such period,
not exceeding three years, as may be specified in the instrument,
but shall be eligible for reappointment.

3. A member of the Tribunal may at any time resign his office Resignations.
by instrument in writing and such resignation shall take effect
as from the date of the receipt by the Minister of such instru-
ment.

4. The Governor General may by instnunent in writing at any Revocation.
time revoke the appointment of any member of the Tribunal if -

(a) he has become bankrupt; or

ANTIGUA 108 The Copyright Act, 2003. No. 22 of 2003.
AND

BARBUDA

(b) he is incapacitated by physical or mental illness, or if
he is, in the opinion of the Governor General, other-
wise unfit to perform his duties as member.

Proceedings of 5. (1) The Copyright Tribunal shall sit in such number of
Tribunal. divisions as may from time to time be necessary.

(2) A division of the Tribunal shall consist of -

(a) a chairman, who shall be either the chairnm or a
deputy chairman of the Tribunal; and

(b) two or more ordinary members.

(3) Where in any proceedings the members are not unani-
mous, the decision of the Tribunal shall be by a majority of the
votes of the members, and in the event of an equality of votes,
the chairman shall be entitled to a second or casting vote.

(4) Where part of any proceedings before the Tribunal has
been heard and one or more members of the Tribunal are unable
to continue, the Tribunal shall remain duly constituted for the
purpose of those proceedings so long as the number of mem-
bers is not reduced to less than three.

(5) If the chairman of the Tribunal is unable to continue he
shall -

(a) appoint one of the remaining members to act as chair-
man; and

(b) appoint a suitably qualified person to attend the pro-
ceedings and advise the members of any question of
law arising.

(6) For the purposes of paragraph (4) (b), a person is suit-
ably qualified if he is or is eligible for appointment as a deputy
chairman of the Tribunal.

(7) The decision of the Tribunal or a division thereof may be
signified under the hand of the chairman.

(8) Subject to the provisions of this Schedule and to any
regulations made pursuant to section 150, the Tribunal may regu-
late its own proceedings.

No. 22 of 2003. The Copyright Act, 2003. 109

(9) The validity of the proceedings of the Tribunal shall not
be affected by any vacancy amongst the members thereof or by
any defect in the appointment of any member thereof.

6. The Tribunal may order that the costs or expenses of any
proceedings before it incurred by any party shall be paid by any
other party, and may tax or settle the amount of any costs or
expenses to be paid under any such order or direct in what
manner they are to he taxed.

7. The Minister shall make such arrangements in relation to
the provision and remuneration of officers and employees of the
Tribunal as may from time to time be necessary.

8. The chairman and other members of the Tribunal and per-
sons appointed under paragraph 5 (5) @) shall be paid such
remuneration (whether by way of honorarium, salary or fees)
and such allowances as the Minister may determine.

9. The expenses of the Tribunal, including the remuneration
and allowances referred to in paragraph 8 shall be paid out of
moneys provided for the purpose by Parliament.

10. The name of all members of the Tribunal as first consti-
tuted and every change in the membership thereof shall be pub-
lished in the Gazette,

11. Notwithstanding anything to the contrary, no act done
or proceeding taken under this Act by the Tribunal shall be
questioned on the ground of any omission, defect or irregularity
not affecting the merits of the case.

12. A member of the Tribunal who is interested directly or
indirectly in any matter before the Tribunal -

(a) shall disclose the nature of his interest at any meet-
ing of the Tribunal dealing with the matter; and

(b) shall not take part in any deliberation or decision of
the Tribunal with respect to that matter.

13. No action, suit, prosecution'or other proceedings shall
be brought or instituted personally against any member of the
Tribunal in respect of any act done bonafide in the execution or
intended execution of the Tribunal's functions under this Act.

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AND

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Power to award
costs.

Officers and
employees.

Remuneration of
members.

Expenses.

Publication

Protection of
Tribunal.

Disclosure of
interest.

Protection of
members.

ANTIGUA 110 The Copyright Act, 2003.
AND

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No. 22 of 2003.

Passed the House of Representatives this 8th Passed the Senate this 25th day
day of September, 2003. of September, 2003.

B. Harris,
Speaker.

'M. Percival,
President.

S. Walker, S. Walker,
Clerk to the House of Representatives. Clerk to the Senate.

Printed at the Governmeht Printing Office, Antigua and Barbuda
by Walter A. Massiah, Acting Government Printer

- By Authority, 2003.
800-12.03 [Price $41.45 ]
Read Entire Law on laws.gov.ag