COPYRIGHT

THE COPYRIGHT ACT

ARRANGEMENT OF SECTIONS

PART I

P R B L ~ A R Y

1. Short title.
2. Interpretation.
3. Publication.
4. Lawful reception of broadcart.

Protected Works

5. Requirements for protection.
6. Category of eligible works.
7. Qualification for protection: author.
8. Qualification for protection : place of publication, etc.
9. Nature of copyright pro,tection : economic and moral rights.

Duration of Copyright Protection

10. Duration of copyright in literary, etc. works.
11. Duration of copyright in sound recordings and Elms.
12. Duration of copyright in broadcasts and cable programmes.
13. Duration of copyright in typographical arrangemeni of editions.

Identification with Work

14. Right to be identified as author, etc.

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Objection to Treatment of Work

15. Right to object t~ derogatory treatment of work.

Related Rights

16. False attribution of work.
17. Right to privacy of photographs and films.

supplementary

18. Duration of moral rights and related rights.
19. Consent and waiver of rights.
20. Application of provisions to joint works.
21. Application of provisions to parts of work.

OWNERSHIP AND ASSIGNMENT OF RIGHTS

Ownership of Copyright

22. Ownership of copyright.

Assignment of Copyright

23. Assignment and licences.
24. Prospective ownership of copyright.
25. Exclusive licence.
26. Copyright in unpublished manuscript passes under will.
27. Moral rights, etc. not assignable.
28. Transmission of moral rights, etc. on death.

General Provisions

29. Meaning of "action".
30. Provisions of Part subject to other provisions.

Infringement of Copyright

3 1. Acts infringing copyright.

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Remedies of Copyright Owner

Action by owner of copyright.
Order for delivery up in civil proceedings.

Remedies of Exclusive Licensee

Infringement of rights of exclusive licensee.
Infringement where rights concurrent.

Infringement of Moral Rights and Related Ri,qhhr,

Infringement of right to be identified as author or director.
lnfrigement of right to object to derogatry treatment of work.
Infringement by possession of infringing article.
Acts not infringing section 15.
False attribution of work : infringement of right.
Infringement of privacy right respecting photographs, etc.
Effect d consent and waiver or rights.

Remedies for Infringemen1 of Moral Rights and Related Rights

Remedies for infringing moral rights, etc.

Presumptions

Presumptions where action relates to literary works, etc.
Presumptions where action relates to sound recordings, films or
computer programs.

Penalties in respect of dealings which infringe co,pyright.
Presumptions not to apply.
Order to deliver up in criminal proceedings.

Supplementary

Application of provisions as to entry and search.
Provision for restricting importation of infringing copies.

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PART VI

EXCEPTIONS TO INFRINGEMENI. OF COPYRIGHT

Preliminary

Definition of "sufficient acknowledgement".

General Exceptions

Research and private study.
Criticism, review and reporting.
Determining fair dealing.
Incidental inclusion of protected work.

Use of Work for Educational Purposes

Acts done for purposes of instruction or examination.
Anthologies for educational use.
Recording of broadcasts, etc. by educational establishments.
Restriction on reprographic copying by educational establish-
ments.
Subsequent dealings with authorized copies.

Exceptions decn'ng Libraries and Archives

Interpretation of references : regulations.
Supply by librarian of copies of published work.
Supply of copies to other libraries.
Replacing copies of works.
Copying of unpublished work.

Exceptions Relating to Public Adrninistrafion
Parliamentary and judicial proceedings and statutory inquiries.
Public Records.

Designs

Design documents and models.
Where design derived from artistic work is exploited.

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Exception Relating to Works itz EIectronic Form

70. Transfer of works in electronic form.

Miscellaneous Exceptions Relating to Literary.
Dramatic, Musical and =Irtistic Works

71. Anonymous and pseudonymous literary etc. works.
72. Use of notes of recordings of spoken word.
73. Reading or recitation in public.
74. Representation of artistic works on public display.
75. Reconstruction of buildings.
76. Subsequent work by same artist.

Misecllaneous Exceptions Relating to Sound Recordings,
Films and Conrputer Programs

77. Making etc., of recordings of musical work previously made or
imported.

78. Rental of sound recordings, etc.
79. Playing of sound recording for purposes of charitable organiza-

tions.

Miscellaneous Exceptions Respecting Broadcasts
and Cable Programntes

80. Incidental recording for purposes of broadcast or cable pro-
gramme.

81. Recordings of broadcasts for programme control.
82. Recording for archival purposes.
83. Reception and retransmission of broadcast in cable programme

service.
84. Recording for purposes of time shifting.

Adaptations
85. Adaptations.

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Prescribed Exceptions

Power of Minister to prescribe exceptions to infringement.

PART VII

COPYRIGHT LICENSING

Preliminary

Interpretation for purpoSes of Part.
Licensing schemes to which sections 89 to 94 apply.

References and Applications Respecting Licensing
Schemes

Reference of proposed licensing scheme.
Reference of existing licensing scheme.
Further reference of scheme.
Application for grant of licence in connection with licensing
scheme.
Application for review of order as to entitlement to licence.
Effect of order of Tribunal as to licensing scheme.

References and Applicatiom Respecting Licences
and Licensing Bodies

Licences to which sections 96 to 99 apply.
Reference to Tribunal of proposed licence.
Reference to Tribunal of expiring licence.
Application for review of order as to licence.
Effect of order of Tribunal as to licence.

Supplementary

100. Regulations may prescribe factors to be taken into account.
101. Royalty payable for rental of sound recording, fih. etc.
102. Ministerial order in relation to licensing scheme.

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PART VIII

THE COPYRIGHT TRIBUNAL

Establishment of Copyright Tribunal.

Jurisdiction of Tribunal.

Regulations relating to proceedings of Tribunal.

Appeal on point of law.

PART IX

RIGHTS IN PERFORMANCES

Conferment of rights in performances.

Performers ' Rights
Consent required for recording or live transmission of per-
formance.

Infringement of performer's rights by use of recording made
without consent.

Consent and royalty required for adaptation of recording.

Infringement of performer's rights by importing, possessing, etc.,
illicit recording.

Rights of Person Having Recording Rights
Consent required for recording of performance subject to
exclusive contract.

Infringement of recording rights by use of recordings made without
consent.

Infringement of recording rights by importing, possessing, ctc.,
illicit recording.

Exceptions to Infringement
Permitted acts in relation to performances.

Fair dealing for criticism, etc.

Incidental inclusion of performance or recording.

Acts done to recording or performance for purposes of in-
struction, etc.

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1 19. Recording of broadcasts and cable programmes by educational
establishments.

120. Acts done to performance or recording for Parliamentary
proceedings, etc.

12 1 . Transfer of recording of performance in electronic form.

122. Use of recordings of spoken words.

123. Playing sound recording as part of activities of charitable
organization, etc.

124. Incidental recording for purposes of broadcast or cable programme.

125. Recordings for supervision and control of programmes.

126. Recording of broadcast or cable programme for archival purposes.

127. Order excepting acts from infringing rights under this Part.

128. Tribunal may consent on behalf of performer.

Duration and Transmission of Rights in Performances; Consent
129. Duration of rights in performances.

130. Transmission of rights in performances.

13 1. Consent.

Remedies for Infringement of Rights
in Performances

132. Infringement actionable as breach of statutory duty.

133. Order for delivery up of illicit recording in civil proceedings.

Offences
134. Criminal liability for making, dealing with or using illicit

recordings.

135. Order for delivery up of illicit recording in criminal proceedings.

136. False representation of authority to give consent.

136A. Unauthorized decoders.

GENERAL

136B. Unauthorized reception of programmes: rights and remedies.

136C. Definition of terms.

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137. Order for disposal of infringing copy or illicit recording.

138. Period aftex which remedy or delivery up not available.

139. Time limited for prosecution.

140. Powers of members of Constabulary Force.

14 1. Restrictions on the entry and search of domestic premises.

,-, 142. Obstruction of members of the Constabulary Force.
I

143. Ofknces by bodies corporate.

144. Power to apply provisions of Act to other country.

145. Denial of copyright or rights in performances.

145A. Denial of protection: programmes and encrypted transmissions.

146. International organizations.

147. Territorial waters and exclusive econimic zone.

148. Act applies to Jamaican ships, aircraft.

149. Act binds Crown.

150. Regulations.

15 1 . Repeals.

152. Savings.

153. Transitional.

SCHEDULE

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THE COPYRIGHT ACT ~ c t s
4 of 1993,
29 of 1999.

[lst September, 1993.1

PART I

PRELIMINARY

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

2.-(1) In this Act-

"adaptation" means-

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

a translation of the work which,
as respects a computer program,
includes a version of the program
in which it is converted into or out
of a computer language or code or
into a different computer language
or code, otherwise than
incidentally in the course of
running the program;

(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-dramatic work in
which it is converted 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 newspaper, magazine
or similar periodical;

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

Interpreta-
tion.

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"appointed day" means 1 st September, 1993;

"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 collage,

whether the work is of artistic quality or not;
'7

(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 neither
paragraph (a) nor paragraph (b) applies;

"author" in relation to a work, means the 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;

(6) a photograph, the person taking the photograph;

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

V) 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;

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COPYRIGHT 13

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

(i) a computer-generated literary, dramatic,
musical 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
references to all the authors of the work;

"a broadcast" means a transmission by wireless tele-
graphy of visual images, sounds or other informa-
tion which-

(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 public 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
members of the public could, if in posses-
sion of suitable apparatus, receive them,

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COPYRIGHT

and "broadcasting" and "re-broadcasting" have
corresponding meanings;

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

"business" includes a trade or profession;
"cable programme" means any item included in a cable

programme service, and any reference 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 it is a reference to
the person providing the service;

"cable programme service" means a service which con-
sists wholly or mainly in sending visual images,
sounds or other information by means of a tele-
communications system, otherwise than by wireless
telegraphy, for reception-

(a) at two or more places (whether for simul-
taneous 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) a work of joint authorship; or
(b) a work in which there are distinct con-

tributions by different authors or in which
works or parts of works of different authors
are incorporated;

"computer-generated work" means a work generated
by a computer in circumstances such that the work
has no human author;

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COPYRIGHT 15

"computer program" means a set of instructions,
whether expressed in words or in schematic or
other form, which is capable, when incorporated
in a machine-readable medium, of causing an elec-
tronic or other device having information-
processing capabilities to indicate, perform or
achieve a particular function, task or result;

"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 artistic work, includes a repro-
duction in three-dimensions if the artistic
work is a two-dimensional work and a
reproduction in two-dimensions ~f the art-
istic 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
image forming part of the film, broadcast
or cable 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 refer-
ence to storing the work in any medium by
electronic means;

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

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COPYRIGHT

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

cccountry" includes any territory;
"distribution" means the distribution to the public, for

commercial 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 order either specifically or by refer-
ence to a class, for the purposes of this Act;

"exc1usive 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, including 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 performances
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 "prospective owner" shall be construed
accordingly and, in relation to any such copyright,

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COPYRIGHT

includes a person prospectively 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
,n
1 (b) any engraving, etching, lithograph, woodcut or

similar work;

"illicit recording" in relation to a performance means a
recording 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
performance pursuant to Part IX, and which does not fall
within any of the exceptions specified in or authorized
pursuant to any provision of that Part;

"infringing copy" in relation to a protected work means-
(a) any copy of the work, the making of which is not

authorized under or by virtue of any provision of
this Act;

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

"literary work" means any work, other than a dramatic or 29,1999
musical work, which is written, spoken or sung, and s.2.
accordingly includes-

(a) a written table or compilation;

(b) a computer programme,

and for the purpose of paragraph (a) of this definition,
"compilation" means a collection of works, data or other
material, whether in machine-readable form or any other

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COPYRIGHT

form, which constitutes an intellectual creation by reason of
the selection or arrangement of the works, data or other
material comprised in it;
"manuscript" in relation to a work, means the original

document embodying the work whether written by hand or
not;

"musical work" means a work consisting of music, /'-
exclusive 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, sings, depicts, delivers, declaims,
plays in or otherwise performs, a literary, dramatic,
musical or artistic work; and references to the
performer in the context of the person having performer'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-
(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, addresses, L
speeches and sermons;

(ii) any mode of visual acoustic presenta-
tion, including presentation by
means of a sound recording,

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COPY RIGHT

film, broadcast or cable programme
of the work;

"person having recording rights" in relation to a per-
formance means a person who-

(a) is a party to, and has the benefit of, an
exclusive recording contract to which the
performance is subject or to whom the
benefit of such a contract has been assigned;
and

(6) 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 quslified per-
son, 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;

"photograph" means a recording of light or other
radiation on any medium on which an image is
produced or from which an image may by any
means be produced, and which is not part of a
film;

"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 pur-
poses;

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

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"publication" and "commercial publication" have the
meaning assigned to those expressions, respectively,
by section 3;

"published edition" in relation to copyright in the
typographical 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, Jamaica or a specified country;
and

(6) in the case of a body corporate, means a
body incorporated or established under any
written law of Jamaica or a specified
country;

"qualifying performance" means a performance that-
(a) is given by an individual who is a qualified

person; or
(6) takes place in Jamaica or a specified

country;
"record" means any disc, tape, perforated roll or other

device in which sounds are embodied so as to be
capable of being reproduced therefrom, 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;
(6) made from a broadcast of, or cable pro-

gramme including, the performance; or

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COPYRIGHT

(c) made directly or indirectly from another
recording of the performance;

"rental" means any arrangement under which a copy
of a work is made available-

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

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

on terms that it will or may be returned;
"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;

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

"sound recording" means-
(a) a recording of sounds from which sounds

may be reproduced; or

(b) a recording of the whole or any part of a
literary, 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 country" means a country specified by the
Minister by order pursuant to section 144;

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COPYRIGHT

"telecommunications system" means a system for con-
veying visual images, sounds or other information
by electronic means;

"typeface" includes an ornamental motif used in print-
ing;

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

(a) if copyright subsists in the work, done
otherwise 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;

"wireless telegraphy" means the sending of electro-
magnetic energy over paths not provided by a
material substance constructed or arranged for that
purpose;

"work" means-
(a) a literary, dramatic, musical or artistic

work;
(b) a sound recording, film, broadcast or cable

programme;
(c) the typographical arrangement of a pub-

lished edition,

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

"work of joint authorship" means a work produced by
the collaboration of two or more authors in which
the contribution of each author is not separate
from the contribution of the other author or
authors;

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COPYRIGHT 23

"writing" includes any form of notation, whether by
hand or by printing, typewriting or any other pro-
cess and regardless of the method by which or
the medium in or an which it is recorded, and
"written" shall be construed accordingly.

(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 first written
down, recorded or expressed in some other material form.

3 . 4 1 ) Subject to the following provisions of this section, PUbliatiOa
for the purposes of this Act publication in relation to a
work means the issue of copies of the work to the public
(whether by way of sale or otherwise) including, where the
work is a literary, musical, dramatic or artistic work, the
making available af copies to the public by means of an
electronic retrieval system; and all related expressions shall
be construed accordingly.

(2) References in this Act to the issue to the public
of copies of a work are to the act of putting into circulation
copies not previously put into circulation in Jamaica or
elsewhere, and not to-

(a) any subsequent distribution, sale, hiring or loan
of those copies; or

(b) any subsequent importation of those copies into
Jamaica,

except that in relation to sound recordings, films and
computer programs, the act of issuing copies to the public
includes any rental of copies to the public.

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

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COPYRIGHT

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

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

and related expressions shall be construed accordingly.

(4) In the case of a work of architecture in the form
of a building ar an artistic work incorporated in a building,
construction of the building shall be treated as equivalent
to publication of the work.

(5) The following do not constitute publication for
the purposes of this Act-

(a) in case of a literary, dramatic or niusical work-
(i) the performance of the work; or
(ii) the broadcasting of the work or its inclusion

in a cable programme service (otherwise
than for the purposes of an electronic
retrieval system);

(b) in the case of an artistic work-
the exhibition of the work;
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 sculp-
ture or a work of artistic craftsmanship;
the issue to the public of copies of a film
including the work; or
the broadcasting of the work or its inclusion
in a cable programme service (otherwise
than for the purposes of an electronic
retrieval system);

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

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COPYRIGHT 25

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

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

(6) A publication that is merely colourable and is not
intended to satisfy the reasonable requirements of the public
shall 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.

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

(8) 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 first pub-

lication of the work; or
(c) whether a work was published or otherwise dealt

with in the lifetime of a person,
any unauthorized publisation or the doing of any other
unauthorized act shall be disregarded.

4.-(1) In relation to the broadcast of a work, an en- Lrwtul
crypted transmission shall be regarded as capable of being g & w
lawfully received 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 trans-
mission or the person providing the contents of the trans-
mission.

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COPYRIGHT

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

(a) to the person transmitting the programme, to the
extent that he has responsibility for its contents;
and

(b) to any person providing the programme who
makes with the person transmitting it, the arrange-
ments necessary far its transmission,

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

Protected Works

Require- 5.-(1) Unless otherwise specifically provided in this Act,
rnents for
,otwtioa copyright shall not subsist in any work unless it satisfies the

requirements specified in this Part as respects-
(a) the category of work; and
(b) either-

(i) the qualification of the author; or
(ii) the country or place of first publication, or

in the case of a broadcast or cable pro-
gramme, the country 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 subsist by reason of any subsequent event.

atewry 6.-(1) Copyright is a property right which, subject to
of eligible the provisions of this section, may subsist in the following
works.

categories of work-

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COPYRIGHT

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

(b) sound recordings, films, broadcasts or cable
programme;

(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 literary, dramatic or musical work 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.

(3) For the purposes of subsection (2), 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 subsection shall affect the question
whether copyright subsists in the record of the work as distinct
from the work recorded.

(3A) Copyright subsisting in a literary work that is a 2911999
S. 3. compilation does not extend to any works, data or other

material comprised in the compilation and does not affect any
copyright which may exist in such works, data or other
material.

(4) Copyright shall 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.

(5) Copyright shall not subsist in a broadcast which
infringes, or to the extent that it infringes, the copyright in
another broadcast or in a cable programme.

(6) Copyright shall not subsist in a cable
programme-

(a) if it is included in a cable programme service by
reception and immediate retransmission of a
broadcast; or

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COPYRIGHT

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

(7) Copyright shall not subsist in the typographical
arrangement of a published edition if, or to the extent that it re-
produces the typographical arrangement of a previous edition.

(8) Copyright protection does not extend to an idea,
concept, process, principle, procedure, system or discovery or

(1

things of a similar nature.
Qualification
for protection:

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

(2) A work of joint authorship qualifies for copyright
protection if any of the authors satisfies the requirement of
subsection (I), so however, that, where a work qualifies for
copyright protection 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 period;

(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; C
(e) a cable programme, when the programme was

included in a cable programme service;

(f) the typographical arrangement of a published
edition, when the edition was first published.

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COPYRIGHT 29

8.-(1) A literary, dramatic, musical or artistic work, a tion Q ualifica- for
sound recording or film: or the typographical arrangement protection:

place of of a published edition qualifies for copyright protection if, publication,
having regard to section 3, it is first published in Jamaica etc
or a specified country.

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

(3) A cable programme qualifies for copyright pro-
tection if it is sent from a place in Jamaica or in a specified
country in accordance with the law in force regulating
transmission by cable.

9.-(1) By virtue of and subject to t3.e provisions of Natu~e d
oopyright this Act, the owner of the copyright in a work shall have the ,t,ti?n:

exclusive right to do or to authorize other persons to do ~ m ~ ~ d
any of the following acts in Jamaica- righte.

(a) to copy the work;
(b) to issue copies of the work to the public;
(c) to perform the work in public or, in the case of

a sound recording, film, broadcast or cable pro-
gramme, to play or show the work in public;

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

(e) to make an adaptation of the work and, in
relation to such adaptation, to do any or all of the
foregoing acts.

(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

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COPYRIGHT

(b) either directly or indirectly,
and it is immaterial whether any intervening acts them-
selves infringe 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,
shaIl have in respect of such work, whether or not he is the
owner of the copyright in the work, the moral rights speci-
fied in Part 111.

Duration of Copyrighz Protection

Duration of 10.-(1) Subject to the provisions of this section, copy-
~opyrigh~t in
iiteraw, etc. right in any literary, dramatic, musical or artistic work
works. expires at the end of the period of fifty years from the end

of the calender year in which the author dies.

(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
calender year in which it was first made available to the
public; and subsection (1) shall not apply if the identity
of the author becomes known after the end of 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 its
broadcast or inclusion in a cable programme
service;

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

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COPYRIGHT

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

(4) The provisions of subsections (1) and (2) shall
not apply to computer-generated work, the copyright in
which expires at the end of the period of fifty years from
the end of the calender year in which the work was made.

(5) In relation to a work of 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
authors 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 known; and

(b) the reference in subsection (2) tc the identity of
the author becoming known, shall be construed
as a reference to the identity of any of the authors
becoming known.

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

11.-(1) Copyright in a sound recording or film expires ,f
at the end of the period of fifty years from the and of the
calender year in which it was made or, where it is made cordings
available to the public before the end of that period. fifty and films.

years from the end of the calender year in which it is so
made available.

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

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COPYRIGHT

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

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

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

Dunation d 12.41) Copyright in a broadcast or cable programme
expires at the end of the period of fifty years from the

and end of the calender year in which the broadcast was made
Pr*
mmrnes. or the programme included in a cable programme service.

(2) Copyright in a repeat broadcast or a repeat
cable programme 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 programme which is broadcast or, as the case
may be, included in a cable programme service after the
expiry of the copyright in the original broadcast or cable
programme.

(3) Reference in subsection (2) to a repeat broad-
cast or a repeat cable 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.

Duration 13. Copyright in the typographical arrangement of a
- published edition expires at the end of the period of twenty-
m ~ = five years from the end of the calender year in which the
p h i 4
arrangement edition was first published.
of edibons.

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COPYRIGHT

MORAL RIGHTS AND RELATED RIGHTS

Identification with Work

14 .41 ) Subject to subsection (9) and to such exceptions Right to
as may be specified in or pursuant to any other provision kj$z'ti.ti
of this Act, the author of a literary, dramatic, musical or author. ctc.
artistic work that is a protected work and the director of
a film that is a protected work have, respectively, the right
to be identified as the author or, as the case may be, director
of the work in the circumstances specified in this section.

(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 as such whenever-

(a) the work or an adaptation thereof is published
commercially, performed in public, broadcast 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
public.

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

(a) the work or an adaptation thereof is published
commercially;

(b) copies of a sound recording of the work or an
adaptation thereof are issued to the puhlic; 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 identified as such whenever-

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COPYRIGHT

(a) the work is published coinmercially or exhibited
in public or a visual image of it is broadcast 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.

(5) In addition to the right specified in paragraph
(c) of subsection (4), the author of a work of architecture
in the form of a building has the right to be identified 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 identi-
fied as such whenever the film is shown in public, broadcast
or included in a cable programme service 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 record-
ing, 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 acquir-
ing a copy;

(b) in the case of identification on a building, to be
identified by appropriate means visible to persons
entering 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 seeing or hearing the performance, exhibi-

--
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COPYRIGHT

tion, film, broadcast or cable programme in
question,

and the identification must, in each case, be clear and
reasonably 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 contract, the right conferred by this section does not

relation to-
a computer program, the design of a typeface or
a computer-generated work;
any work made for the purpose of reporting
current events;
the publication in a newspaper, magazine or similar
periodical or in an encyclopaedia, dictionary, year-
book or other collective work of reference, of
a literary, dramatic, musical or artistic work made
for the purposes of such publication or made
available with the consent of the author for pur-
poses of such publication;

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.

Objection to Treatment of Work

1 5 . 4 1 ) Subject to subsections (2) and (3) and to such Ri&t to
exceptions as may be specified in or pursuant to any other
provision of this Act, the author of a literary. dramatic, treatment

of work. musical or artistic work that is a protected work and the
director of a film that is a protected work have, respec-
tively, the right not to have the work or any part thereof
subjected to derogatory treatment; and such right is in-

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36 COPYRIGHT

fringed by any person who does any of the acls specified
in section 37 in the circumstances 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
similar periodical or in an encyclopaedia, dic-
tionary, yearbook or other collective work of
reference, of a literary. dramatic, musical or
artistic work made for the purposes of such publi-
cation, or made available with the consent of the
author for the purposes of such publication, sub-
ject, in any particular case, to any agreement ex-
cluding 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 para-
graph-

(3) The right does not apply to anything done by or
with the authority of the copyright owner in relation to
works in which copyright originally vested in an inter-
national 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 sufficient disclaimer.

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COPYRIGHT

(4) In this section-
(a) "derogatory treatment" in relation to a work

means any addition to, deletion from, alteration to
or adaptation of the work (not being a translation
of a literary or dramatic work or an arrangement
or transcription of a musical work involving no
more than a change of key or register) which
amounts to a distortion or mutilation of the work,
or is otherwise prejudicial to the honour or reputa-
tion of the author or director, as the case may be;
and

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

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

Related Rights

16.-(1) A person has the right- False attri-
butian of

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

(6) not to have a film falsely attributed to him as
director, and in this section "attribution", in rela-
tion 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 Rightto
privacy of domestic purposes commissions the taking of a photograph

- andiilnu.
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35 COPYRIGHT

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 pro-

gramme service.

Supplementary

Duration of 18.-(1) The rights conferred by sections 14, 15 and 17
moral ri&b subsists so long as copyright subsisis in the work.
and related
rights. (2) The right conferred by section 16 subsists until

the end of the period of twenty years from the end of the
calender year in which the person dies.

Consent and 19.-(1) A person having a right conferred under this Part
waiv\r of
rights. 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 to works generally or to a specific work
or class of works and may relate to existing or
future works; and

(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 prospective owner of the copyrght in the work or
works to which it relates, it shall be presumed to extend
to his licensees and successors in title, unless a contrary
intention is expressed.

(4) Nothing in t h s Part shall be construed as exclud-
ing the operation of the general law of contract or estoppel

me inclusion of this page is authorized by L.N. 42119951

COPYRIGHT 39

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 Application
of provi- case of a work of joint authorship, a right of each joint ,ionsto

author to be identified as a joint author. joint works.

(2) The right conferred by section 15 is, in the case
of a work of joint authorship, a right of each joint author
and his right is satisfied 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 (I), (2) and (3) also apply, with such
modifications 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 contribution 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 of the others.

21. The rights conferred by- Application
of provi-

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

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COPYRIGHT

Ownership
of copyright.

Assiqnment
and licences.

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

Ownership of Copyright

22.41) Subject to the provisions of this section, the
author of a protected work is the first owner of any copy-
right in that work unless there is an agreement to the
contrary.

(2) Subsection (1) shall not apply to copyright sub-
sisting in a work pursuant to section 146.

,(3) Where a protected work is a work of joint
authorship the authors thereof shall be co-owners of the
copyright in that work.

Assignment of Copyright

23.-(1) Subject to the provisions of this section, copy-
right in a work may be transferred as personal or move-
able property by-

(a) assignment;
(b) testamentary disposition; or
(c) operation of law,

and a transfer pursuant to this section by way of assignment
shall not be effective unless it is in writing and signed by or
on behalf of the assignor.

(2) An assignment or other transfer of copyright
may be partial, 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.

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COPYRIGHT

(3) 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 consideration and without notice (actual or con-
structive) 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.

24.-(1) Where by an agreement made in relation to Prospective
future copyright, and signed by or on behalf of the prospec- ~r':$*
tive owner of the copyright, the prospective owner purports right.
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 claining under
him would be entitled as against all other persons to require
the copyright to be vested in him, the copyright shall vest
in the assignee or his successor in title by virtue of this sub-
section.

(2) A licence granted by a prospective owner of
copyright is binding on every successor in title to his
interest (or prospective interest) in the right, except a
purchaser in good faith for valuable consideration and with-
out notice (actual or constructive) of the licence Qr a person
deriving title from such a purchaser; and references in this
Act to doing anything with or without the licence of the
copyright owner shall be construed accordingly.

25. The licensee under an exclusive licence has the same
icence. rights against a successor in title who is bound by the I'

licence as he has against the person granting the licence.

26. Where under a bequest (whether specific or general) ~ ~ ~ ~ i ~ h t i ~
a person is entitled, beneficially or otherwise, to- unpublished man script

(a) an original document or other material thing that $Tsmder
records or embodies a literary, drama tic, musical

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COPYRIGHT

Moral rights
etc. not
assignable.

Transmis-
sion of
moral rights
etc. on
death.

or artistic work which was not published before
the death of the testator; or

(b) an original material thing containing a sound
recording or film which was not published before
the death of 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 111 are not assign-
able.

28.-(1) On the death of a person entitled to the right
conferred 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
paragraph (a) or (b), it is exercisable by his personal repre-
sentatives.

(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 sub-
section (1) is correspondingly divided.

(3) Where by virtue of paragraph (a) or (6) of sub-
section (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 satis-

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COPYRIGHT 43

fied in relation to any of them if he consents to
the treatment 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
others.

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

(5 ) Any infringement after a person's death of the
right conferred by section 16 is actionable by his personal
representatives.

(6) Any damages recovered by personal representa-
tives by virtue of this section in respect of an infringement
after a person'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.

General Provisions

29. In this Part "action" includes a counterclaim and
references 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 this Act as-

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

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

Infringement of Copyright
31.-(1) The copyright in a work is infringed by any per-

son who, without the licence of the copyright owner, does,
in relation to that work, any of the acts which the copyright
owner has the exclusive right to do pursuant to section 9.

Meaning of
"action".

Provisions
of Part
subject to
o!her pro-
vlslons.

Acts .in-
fringmg
copyright.

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COPYRIGHT

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

business, to such an extent as to affect prejudicially
the owner of the copyright,

an article which is, and which he 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 Jamaica;
(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.

(5) 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 (other-
wise than by broadcasting or inclusion in a cable pro-
gramme service) knowing or having reason to believe that
infringing copies of the work will be made by means of the
reception of the transmission in Jamaica or elsewhere.

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COPYRIGHT

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

(7) Where copyright in a work is infringed by a
public performance of the work or by the playing or show-
ing of the 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 infringe-
ment.

(8) The persons referred to in subsection (7) are-
(a) a person who supplied the apparatus or any sub-

stantial part of it, if when he supplied the appara-
tus or part-

(i) he knew or had reason to believe that the
apparatus 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
graunds that it would not be so used as to
infringe copyright;

(b) 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

(c) a person who supplied a copy of a sound record-
ing or film used to infringe copyright, if when he
supplied it he knew or had reason to Mieve that

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COPYRIGHT

what he supplied or a copy made directly or in-
directly from it, was likely to be so used as to
infringe copyright.

Remedies of Copyright Owner

Action by 32.-(1) An infringement of copyright shall be actionable
owner of
copyright. at the suit of the copyright owner; and, subject to the provi-

sions 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 plaint8 as is available in
respect of the infringement of other proprietary rights.

(2) Where in an action under this section an
infringement of copyright is proved or admit,ted the court,
having regard to any benefit accruing to the defendant by
reason of the infringement, to the flagrancy of the infringe-
ment and to all other material considerations, shall have
power to award such additional damages as the court may
consider appropriate in the circumstances.

(3) Where in an action for infringement of copy-
right 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 plaint8 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
delivery up
in civil section 35 (61, where a person-
pro-
ceedings. (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 contrcl 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,

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COPYRIGHT

the copyright owner may apply to the court fiir an order
that the infringing copy or article be delivered up to him
or to such other person as the court may direct.

(2) An application under subsection (I) shall not be
made after the end of the period specified in section 138 (1);
and no order shall be ma,de 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 infring-
ing 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 copy- Infringe-
ment of right owner, the same rights and remedies in respect of . r~ghts of

matters occurring after the grant of the licence as if the exdlusive
licence had been an assignment. licensee.

35.-(1) The rights and remedies of an exclusi~e licensee Infringe-
ment where

are concurrent with those of the copyright cjwner and rihts con-
references in the relevant provisions of this Act to the copy- cu"ent.
right owner shall be construed accordingly.

(2) In an action brought by an exclusive licence by
virtue of this section, a 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 licen-
see, and the action relates (wholly or partly) to an infringe-
ment in respect of which they have concurrent rights of
action, the copyright owner or the exclusive licensee, as the

[The inclusion of this page is authorized by L.N. 42119951

48 COPYRIGHT

case may be, shall not be entitled, 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.

(4) A copyright owner or exclusive licensee who is
added as a defendant in pursuance of subsection (2) is not
liable far any costs in the action unless he takes part in the
proceedings.

(5) Where an action for infringement of copyright
is brought which relates (wholly or partly) to an infringe-
men,t in respect of which the copyright owner and an
exclusive licensee have or had concurrent rights of action,
then, whether or not the copyright owner and the exclusive
licensee are both parties to the action, the court-.

(a) shall, in assessing damages take into account the
terms of the licence and any pecuniary remedy -
already awarded or available to either of them in
respect of the infringement;

(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 respect 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 appiication of
the licensee, having regard to the terms of the licence, make
such order under section 33 as it thinks fit.

[The inclusion of this page is authorized by LN. 421 19951

COPYRlGHT 49

Infringement of Moral Rights and Related Rights

36.-(1) Subject to subsection (2), the right concurred by ::zg
section 14 is infringed by any person who fails to identify right to be

identified as the author of a work or the director of a film whenever any author or
action 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
criticism, review or the reporting of current events
by means of a sound recording, film, broadcast or
cable programme;

(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

judicial proceedings or proceedings of a statutory
inquiry;

(e) the use of design documents and models;
( f ) the use of a design derived from artistic work;
(8) acts permitted in relation to anonymous or pseu-

donymous works on the assumption that copy-
right in the work has expired or that the author
is dead.

37.-(1) The right conferred on an author and a director Jnf*nm-
by section 15 to object to derogatory treatment of his work ;: P:
is infringed where the acts described in subsections (2) to object to

derogatory (5) are done in relation to that work; and for the purposes treatment
of this Part, "derogatory treatment" has the same meaning W°Fk-
as that specified in section 15 (4).

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COPYRIGHT

(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 or includes in a cable programme service, a
derogatory treatment of the work; or

(b) issues to the public copies of a film or sound
recording 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
derogatory treatment of the work, or broadcasts or
includes in a cable programme service a visual
image of a derogatory treatment of the work;

(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 sculp-
ture or work of artistic craftsmanship, issues to
the public copies of a graphic work representing,
or of a photograph of, a derogatory treatment of
the work.

(4) Subsection (3) does not apply to a work of archi-
tecture 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

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COPY RIGHT

(6) issues to the public copies of a derogatory treat-
ment of the film,

or who, along with the film, plays in public, broadcasts or
includes in a cable programme service, or issues to the public
copies of, a derogatory treatment of the film sound-track.

38.-(1) The right conferred by section 15 is also Infringe-
infringed by a person who- ment by possewon

of infring-
(a) possesses in the course of a business; or ing article.
(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

distributes;
(d) distributes otherwise than in the course of a busi-

ness, so as to affect prejudicially the honour or
reputation of the author or director,

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

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

(a) has been subjected to derogatory treatment as
defined in section 15; and

(b) has been or is likely to be the subject of any of the
acts mentioned in sections 37 and 38 in circum-
stances infringing that right.

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

(a) avoiding the commission of an offence: or
(b) complying with a duty imposed by or under an

enactment,
so, howerer, that, where the author or director is identified
at the time of the relevant act or has previously been identi-

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52 COPYRIGHT

fied in or on published copies of the work, there shall be a
sufficient disclaimer.

(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, appear-

ing along with the identification,
that the work has been subjected to treatment to which the
author or director has not consented.

,,, a,i- 40.-(1) Subject to the provisions of this sectian, the right
conferred on a person by section 16 not to have a literary, work: in-

fringement dramatic, musical ar artistic work falsely attributed to him
of right. as author or a film falsely attributed to him as director, is

infringed by a person who-
(a) issues to the public copies of a work of any of

those descriptions in or on which there is a false
attribution;

(b) exhibits in public an artistic work or a copy of an
artistic work in or on which there is a fdse 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 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 includes it in a cable programme service as
being directed by a person,

knowing or having reason to believe that the attribution
is false.

(3) The right is also infringed by any person who
issues to the public or displays in public any material con-

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COPYRIGHT 53

taining 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-

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

(b) in the case of an artistic work, possesses or deals
with the work itself when there is a false attribu-
tion 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
unaltered work of the author; or

(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 sell-
ing or letting for hire, offering or exposing for sale or hire,
exhibiting in public or distributing.

(7) This section applies where a work is falsely
represented as being an adaptation of the work of a person
as it applies where the work is falsely attributed to a person
as author.

41. The right conferred by section 17 in relation to a com- Infringe-
missioned photograph or film is infringed by a person who Tz:ic;f
does or authorizes the doing of any act mentioned in that right

respecting
section in relation to that work; but the right is not infringed photo- - -

graphs.
[The inclusion of this page is autho~zed by L.N. 421 19951 etc.

54 COPYRIGHT

Effect of
consent and
waiver of
rights.

Remedies
for in-
fringing
moral
rights, etc.

Presump
tions where
action
relates ,to
literary
works, etc.

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
section 14, 15, 16 or 17 to do any act to which the person
entitled to the right has consented pursuant to section 19 or
in respect of which he has given a waiver pursuant to that
section.

Remedies for Infringement of Moral Rights and
Related Rights

43.-(1) The infringement of a right conferred under
section 14, 15, 16 or 17 is actionable as a breach of statutory
duty owed to the person entitled to the right.

(2) In an action for infringement of the right con-
ferred by section 15, the court may, if it thinks it an
adequate remedy in the circumstances, grant an injunction
on terms prohibiting the doing of any act unless a dis-
claimer 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 defendant to publish such correclion in such
terms and in such manner as the court may direct.

Presumptions

44-41) In an action brought by virtue of this Part with
respect to a literary, dramatic, musical or artistic work, the
presumptions specified in this section shall apply.

(2) Where a name purporting to be that of the
author appeared 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

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COPYRIGHT

and also the owner of the copyright in the work. until the
contrary is proved.

(3) In the case of a work alleged to be a work of
joint authorship, subsection (2) applies in relation to each
person alleged to be one of the authors.

(4) Where no name purporting to be that of the
author appeared as mentioned in subsection (2) but-

(a) pursuant to section 8 (I) , the work qualifies for
copyright protection by virtue of the country of
first publication; 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 was the owner of copyright at the time of
publication, until the contrary is proved.

(5) Where the author of the work is dead or where
the identity of the author cannot be ascertained by reason-
able inquiry, it shall be presumed, until the contrary is
proved-

(a) that the work is an original work; and
(b) that the plaintiff's allegations as to what was the

first publication of the work and as to the country
of first publication are correct.

45.-(1) In an action brought by virtue of this Part with P r e s u m ~
tions where

'respect to a sound recording, film or computer program, adion
the presumptions specified in this section shall appiy. relates sound to

recordings,
(2) In an action brought by virtue of this Part with films, or

respect to a sound recording, where copies of the recording Er:::.
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

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COPYRIGHT

(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 statement-

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

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

(c) that the film was first 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 program, where copies of the pro-
gram are issued to the public in electronic form bearing a
statement-

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

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

the statement 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.

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COPY RIGHT

(6) In an action brought by virtue of this Part with
respect to a film, where the film as shown in public, broad-
cast or included in a cable programme service bears a state-
ment-

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

(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 con-
trary is proved; and the presumption applies equally in an
action relating to an infringement alleged to have occurred
before the date on which the film was shown in public,
broadcast or included in a cable programme service.

46.-(1) Any person who at a time when copyright in a in
work subsists by virtue of this Act- respect of

dealings
(a) makes for sale or hire; or which in- fringe copy-
(b) in the course of a business sells or lets for hire, right.

or offers or exposes for sale or hire, exhibits in
public or distributes; or

(c) imports into Jamaica 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,

any article which he knows or has reason to believe is an
infringing 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, knowing that it is to be used

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COPYRZGHT

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 done 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 reception of a broadcast or cable pro-
gramme) knowing or having reason to believe that copy-
right subsists in the work and that the performance, playing
or showing, as the case may be, constitutes an infringement
of the copyright, commits an offence.

(4) Any person who is guilty of an offence under
subsection (1) shall be liable-

(a) on summary conviction before a Resident Mag-
istrate to a fine not exceeding one hundred thou-
sand dollars or to imprisonment for a term not
exceeding two years or to both such fine and
imprisonment;

(b ) on conviction before a Circuit Court to a fine or to
imprisonment for a term not exceeding five years
or to both such fine and imprisonment.

(5) Any person who is guilty of an offence under
this section, other than an offence under subsectim (I), shall
be liable-

(a) on summary conviction before a Resident Mag-
istrate to a fine not exceeding fifty thousand dollars
or to imprisonment for a term not exceeding one
year or to both such fine and imprisonment;

(6) on conviction before a Circuit Court to a fine or
to imprisonment for a term not exceeding three
years or to both such fine and imprisonment.

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COPYRIGHT 59

47. The presumptions specified in sections 44 and 45 do presump
tions not

not apply to proceedings for an offence under section 46, to apply.
but without prejudice to their application to proceedings
for an order under section 48.

48.-(1) Subject to subsection (2), the court before which Order to
deliver up proceedings are brought against a person for an offence in criminal

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

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

(b ) he had in his possession, custody or control an
article specifically designed or adapted for making
copies of a particular protected work knowing or
having reason to believe that it had been or was
to be used to make infringing copies,

order that the infringing copy or article be delivered up to
the copyright owner or to such other person as the court
may direct.

(2) An order may be made by the court of its own
motion or on the application of the prosecuticn 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 Resident Magistrate's
Court.

(4) A person to whom an infringing copy or other
article is delivered up in pursuance of an order under this

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COPYRIGHT

section shall retain it pending the making of an order or the
decision not to make an order under section 137.

Supplementary

Applica- 49. For the purposes of this Part, the provisions of sec-
tion .?f tions 140 and 141 shall apply in respect of the entry and prov1s:ons
as to entry search of any premises.
and search.

Provision 50.-(1) The owner of the copyright in any published
for restric-
ti,, i,- literary, dramatic or musical work may give notice in writ-
portation ing to the Commissioner of Customs--
of infring-
ing coples. (a) that he is the owner of the copyright in the work;

and
(b) that he requests the Commissioner to treat as pro-

hibited goods under the Customs Act, during a
period specified in the notice, printed copies of the
work which are infringing copies.

(2) The period specified in a notice given under sub-
section ( I ) 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 Commissioner of
Customs-

(a) that he is the owner of the copyright in the work;
(b) that infringing copies of the work are expected to

arrive in Jamaica at a time and a place specified in
the notice; and

(c) that he requests the Commissioner to treat copies
as prohibited goods under the Customs Act.

(4) Subject to subsection (5 ) , where a notice has been
given in accordance with this section, the importation into
Jamaica of goods to which the notice relates is prohibited;

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COPYRIGHT

but notwithstanding anything contained in the Customs Act,
a person it 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 sub-
section (4).

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

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

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

the form of the notice;
the furnishing of evidence, whether on
giving notice, or on the importation of the
goods, or at both such times;
the payment of fees in respect of the notice;
the giving of security in respect of any
liability or expense which the Commis-
sioner may incur in consequence of the
notice by reason of the detention of any
article or anything done to an article
detained;
the idernnification of the Commissioner of
Customs against any such liability or
expenses, whether security has been given
or not; and
any incidental or supplementary matters,

and the regulations may make different provisions as respect
different classes of case.

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COPYRIGHT

Definition
of "su5-
cient ac-
knowledge-
ment".

Research
and private
atudy.

Criticism,
review and
reporting.

(7) Regulations made under subsection (6) shall be
subject to negative resolution.

Preliminary

51. For the purposes of this Part "sufficient acknowledge-
ment" means an acknowledgement identifying the work in
question by its title or other description and identifying the
author, unless-

(a) in the case of a published work, it is published
anonymously 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 pos-
sible for a person to ascertain the identity of the
author by reasonable inquiry.

General Exceptions

52. Subject to section 54, fair dealing with a literary,
dramatic, musical or artistic work for the purposes of
research or private study does not infringe copyright in the
work or, in the case of a published edition, in the typogra-
phical arrangement.

53.-(1) Subject to section 54-
(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; and

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

does not infringe copyright in the work so long as it is
accompanied by a sufficient acknowledgement.

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COPYRIGHT

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

54. For the purpose of determining whether at1 act done =;:$;;;
in 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.

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

(a) by its incidental inclusion in an artistic cvork, sound pro-
tected recording, film, broadcast or cable programme; or ,vor,.

(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 para-
graph (a),

and for the purposes of this section, a musical work, words
spoken or sung with music, or so much of a sound record-
ing, 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 Educntiond Purposes

56.41) Copyright in a literary, dramatic, musical or ~ c t s for pur- done
artistic work is not infringed by its being copied in the poses of
course of instruction or of preparation for instruction, pro- ~$,m~;

examina-
[The inclusion of This page is autho~ized by L.N. 421 19951 tion.

COPYRIGHT

vided the copying is done by a person giving or receiving
instructions 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 instruc-
tion, or of preparation for instruction, in the making of
films or film sound-tracks, provided the copying is done
by a person giving or receiving instruction.

(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 .41) The inclusion in a collection intended for use in
for edu- educational establishments of a short passage from a pub-
cational
use. lished 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;

(b) the work was not itself published for the use of
educational establishments;

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

(d) the inclusion is accompanied by a sufficient
acknowledgement.

(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
subsection (2) to excerpts from works by the same author--

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COPYRIGHT

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

(b) if the passage in question is from suc!~ a work,
shall be taken to include excerpts from works by
any of the authors, whether alone or in collabora-
tion with another.

58 .41) Subject to subsection (2), a recording of a broad- Rewrding
cast or cable programme or a copy of such a recording may &trzd-
be made by or on behalf of an educational establishment by edaca-

tsona4
for the educational purposes of that establishment without estoblish-
thereby infringing the copyright in the broadcast or cable ments.

programme or in any work included in it.

(2) Subsection (1) shall not apply if or to the extent
that there is a licensing scheme certified pursuant to section
102 far the purposes of this section.

59 .41) Subject to the provisions of this section, repro- tion Itestric- on
graphic copies of passages from published literary, dramatic
or musical works may be made by or on behalf of an educa- graphic

c"PYlae
tional establishment for the purposes of instruction without by educa-

tional infringing any copyright in the work or in the typographical est&lid-
arrangement. mat.

(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 1st January to 31st March, 1st April to 30th June,
1st July to 30th September or 1st October to 31st Decern-
ber .

(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 knew
or ought to have been aware of that fact.

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COPYRIGHT

Sub-
sequent
de~alings
with autho-
rind
cop:es.

IF trrpre-
tntion of
references;
regula-
tions.

(4) Where a licence is granted to an educational
establishment authorizing the reprographic copying of
passage from any published literary, dramatic or musical
work, for use by the establishment, 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 if the making thereof were not authorized under sec-
tion 56, 58 or 59 and such copy is subsequently dealt with,
it shall be treated 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 archivist include references to a person acting on his
behalf.

(2) Regulations may provide that a librarian or
archivist who is, pursuant to sections 62 and 55. 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 sopy, 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.

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COPYRIGHT

(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 infringe-
ment 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 a prescribed library or archive sllppiy by
may, if the prescribed conditions are complied with- libranan of copies of

published
(a) make and supply n copy of an article in a periodi-

cal; or ,
(b) make and supply from a published edition, a copy

of part of a literary, dramatic or musica! 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 arrangement thereof.

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

(a) that copies shall be supplied only to persons satisfy-
ing 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
furnished with more than one copy of the same
article or with copies of more than one article con-
tained 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

[The inclusion of this page is authorized by L.N. 42/1995]

COPYR !GHT

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

supply of 63.41) The librarian of a prescribed library or archive
copies to
other may, if the prescribed conditions are complied with, make
libraries. 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,
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 arrangement.

(2) Paragraph (b) of subsection (1) shall 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.

Replacing 64.41) The librarian of a prescribed library or archive
of may, if the prescribed conditions are complied with, make works.

a copy from 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 collectiori of another
prescribed library or archive an item which has
been lost, destroyed or damaged,

without infringing the copyright in any literary, dramatic

[The inclusion of this page is authonized by L.N. 42119951

COPYRIGHT

or musical work, in any illustrations accompanying such a
work or, in the case of a published edition, in the typo-
graphical arrangement.

(2) The prescribed conditions shall iuclude pro-
visions restricting the making of copies to cases where it is
not reasonably practicable to purchase a copy of the item
in question for the purpose.

65.41) Subject to subsection (2), the librarian of a pre- z;;$;;b-
scribed library or archive may, if the prescribed conditions lished
are complied with, make and supply a copy of the whole or

work.

part of a literary, dramatic or musical work from a docu-
ment in the library or archive without infringing any copy-
right in the work or in any illustrations accompanying it.

(2) Subsection (1) shall not apply where-
(a) the work had been published before the document

was deposited in the library or archive; or
(b) the copyright owner has prohibited copying of the

work,
and at the time of the making of the copy the librarian
ough,t to have been aware of that fact

(3) The prescribed conditions shall 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 are
required 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 production.

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70 COPYRIGHT

Parlia-
menta
and juzcial
proceed-
ings
and
statutory
inquiries.

Exceptions Relating to Public Administration

66.-(1) Copyright in a work is not infringed by anything
done for the purposes of parliamentary or judicial proceed-
ings, or, subject to subsection (3, for the purposes of report-
ing such proceedings.

(2) Copyright in a work is not infringed by anything
dane for the purposes of the proceedings of a statutory
inquiry or, subject 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.

mlic 67. Where any protected work or a reproduction of any
records. such work is comprised in any public record (as defined in

the Record Office 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 making or supplying to any person of any copy of
the work by or under the direction of any officer appointed
under the Record Office Act.

Designs
Design 6 8 4 1 ) It is not an infringement of any copyright in a
docu-
ments design document or in a model that records or embodies a
and
models. design for anything (except an artistic work or a typeface)

to make an article to the design or to copy an article made
to the design.

-
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COPYRIGHT

(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 subsection (I), not an infringement of that copy-
right.

(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 de-
scription, a photograph, data stored in a computer
or otherwise.

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

rived froan
(a) making by an industrial process articles falling to 22;

be treated under this Act as copies of the work; exploited.
and

(b) marketing such articles in Jamaica 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 work by making articles of any de-
scription or by doing anything 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 provi-
sions 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-

[The inclusion of this page is authorized by L.N. 42/1995]

COPYRIGHT

poses of this section as made by an industrial pro-
cess;

(b) excluding from the operation of this section such
articles of a primarily literary or artistic character
as 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

references to its being sold or let far hire or offered
or exposed for sale or hire.

Exception Relating to Works in Electronic Form

Transfer 70.-(1) Where a work in electronic form has been pur-
d work , chased on terms which, expressly or impliedly or by virtue
hm. 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 pur-
chaser, imposing obligations which continue after
a transfer or prohibiting the assignment of any
licence or terminating 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,

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 shall,
after the transfer, be treated as an infringing copy for all
purposes.

(3) Subsections (1) and (2) apply where the original
purchased copy is no longer usable and what is transferred
is a further copy used in its place.

[The inclusion of this page is authorized by L.N. 42/1995]

COPYRIGHT

(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 trans-
feror.

MiscelIaneous Exceptions Relating to Li~ernry,
Dramatic, Musical and Artistic Works

71 .41) Copyright in a literary, dramatic, musical or Anonym-
and

artistic work is not infringed by an act done at a time when, pseudony
or in pursuance of an arrangement made at a time when- ~ ~ ~ & , l i ~ k

(a) it is not possible by reasonable inquiry to ascertain mkr.

the identity of the author; and
(b) it is reasonable to assume-

ti) that the copyright has expired; or
(ii) that the author died fifty years or more

before the beginning of the calender year
in which the act is done or the arrange-
ments are made.

(2) Subsection (1) (b) (ii) does not apply in relation
to work in which copyright originally vested in an inter-
national organization 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 work of joint authorship--
(a) the reference in subsection (1) to its being possible

to ascertain the identity of the author shall be
construed as a reference to its being possible to
ascertain the identity of any of the authors; and

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

[The inclusion of this page is authorized by L.N. 421 1%5]

COPYRIGHT

Use of
notes of
recordings
of spoken
word.

Reading or
rocitation
in public.

72.41) Where a record of spoken words is made, in
writing or otherwise, for the purpose of-

(a) reporting current events; or
(b) broadcasting or including in a cable programme

service the whole or part of the work,
it is not an infringement of any copyright in the words as
a literary 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 broadcast or cable programme;

(b) the making of the record was not prohibited by
the speaker and, where copyright already sub-
sisted 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.

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

(2) Copyright in a work is not infringed by the
making of a sound recording, or the broadcasting or inclu-
sion in a cable programme service, of a reading or recitation
which, by virtue of subsection (I), does not inhinge copy-
right in the work.

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COPYRIGHT

74.-(1) This section applies to- Represen-
tation of

(a) buildings; works artistic on
(b ) sculptures, models of buildings and works of g$&

artistic craftsmanship, if permanently situated in
a public place or in premises open to the public.

(2) The copyright in such a work is nct infringed
by-

(a) making a graphic work representing it;
(b) making a photograph or film of it; or
(c) broadcasting or including in a cable programme

service 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. Anything done for the purposes of reconstructing a R ~ ~ -
building 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 copy-
right owner.

76. Where the author of an artistic work is not the copy- Subsequent
WO* by right owner, he does not infringe the copyright in the work , adist.

by copying it in making another artistic work, provided
he does not repeat or imitate the main design of the earlier
work.

Miscellaneous Exceptions Relating to Sotrnd
Recordings, Films and Computer Progrurns

77. Where sound recordings of a musical work (and Making etc.,
of record-

accompanying words, if any) have, with the licence or in, &
consent of the owner of the copyright in the work, been $:;k",,.
previously made in or imported into Jamaica for the viously made or
purposes of retail sale, then, any person may, after the imported.

[The inclusion of this page is authorized by L.N. 42119951

COPYRIGHT

expiry of the period of four months immediately following
upon the date of the first authorized manufacture in, or
importation into, Jamaica of such recordings, and without
first obtaining the consent or licence of the owner of the
copyright in the work, make or authorize 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
another person, or intends to use them for making
other sound recordings which are to be so sold
or supplied;

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

(c) complies with such conditions relating to notice,
method and time of payment, administration of
royalties paid and other matters, as may be pre-
scribed,

and any person who makes or authorizes the making of
sound recordings pursuant to this subsection shall not make
or authorize the making of any alterations in, or omissions
from, the work unless sound recordings of that work con-
taining similar alterations 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 reason-
ably necessary for the adaptation of the work to the sound
recording in question.

Rental of 78.-(1) The Minister may by order, subject to negative
sound re-
rndings, resolution, provide that in such cases as may be specified
etc. in the order, the rental to the public of copies of sound

recordings, films or computer programs shall be treated
as licensed by the copyright owner subject only to the pay-
ment of such reasonable royalty or other payment as may
be agreed or determined in default of agreement by the
Copyright Tribunal.

[The inclusion of this page is authorized by L.N. 421 19951

COPYRIGHT

(2) An order under subsection (I) 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.

(LC) Copyright in a computer program is not
infringed by the rental of copies to the public after the end
of the period of fifty years from the end of the calendar
year in which copies of it were first issued to the public in
electronic form.

( 5 ) Nothing in this section affects any liability under
section 31 in respect of the rental of infringing ccpies.

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

benefit of, a club, society or other organization if- for pur- poses of
((1) the organization is not established or conducted ~~~$~~~~

for profit and its main objects are charitable or rions.
are otherwise 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.

Miscellaneous Exceptions Respecting Broadcasts
and Cable Programmes

80.41) This section applies where by virtue of a licence Incidental
or assignment of copyright a person is authorized to broad- ;zit:g
cast from a place in Jamaica or a specified country or to ygoad-
Include in a cable programme service sent from Jamaica cast or
or a specified country- cable pro- gramme.

COPYRIGHT

(a) a literary, dramatic or musical work, or an adapt-
ation 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 copyright in the work to do or authorize any of the
following for the purposes of the broadcast or cable pro-
gramme-

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

(b) in the case of the artistic work, to take a photo-
graph or make a film of the work;

(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
accordance with this section shall be treated as an infringing
COPY-

(a) for the purposes of any use in breach of the con-
dition mentioned in subseotion (3) (a); and

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

_.--- - - - - - - . --
[The inclusim of th& page & authorized by L.N. 961 19981

81.-(1) Copyright is not infringed by the making or use R t c a f i t ~
of broad-

by a prescribed broadcasting organization, for the purpose -ts
of maintaining supervision and control over programmes f='.
and advertisements broadcast by that organization, of omtrol.
recordings of those programmes and advertisements.

(2) Copyright is not infringed by the making or use
by the Broadcasting Commission of recordings of pro-
grammes in connection with and for the purpose of carry-
ing out its functions under the Broadcasting and Radio
Rediff usion Act.

82.-(1) A recording of a broadcast or cable programme Recording
for of a'designated class, or a copy of such a recording, may be

made for the purpose of being placed in an archive main- pUWm-
tained by a designated body without thereby infringing any
copyright in the broadcast or cable programme or in any
work inuluded 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.

83. Where a literary, dramatic or musical work or film is ~ewpti,,,,
broadcast with the licence of the copyright owner from a :$z,
place in Jamaica or a specified country, any person may, sion

broadcast
without obtaining the licence of the copyright owner, in cable

programme incorporate 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
musical work or film is incorporated is trans-
mitted without alteration of any kind; and

[The inclusion of 'this page is authofized by L.N. 42/~1995]

COPYRIGHT

Recording
for pur-
poses al
time
shifting.

Ada@-
tions.

Pmer of
Minister to
prescribe
exceptipn
bo in fmge
ment.

(4 the copyright owner shall be entitled to receive
from the person providing the cable programme
service, equitable remuneration in respect of the
transmission, to be fixed in default of agreement
by the Tribunal,

and for the purposes of this subsection, an alteration to a
programme includes the addition thereto of new material
not contained in the programme as broadcast, or the
omission from the transmission of any material contained
in the programme as broadcast; and the term "material"
includes a commercial advertisement.

84. The making for private and domestic use of a record-
ing of a broadcast or cable programme solely for the pur-
pose of enabling it to be viewed or listened to at a more
convenient time does not infringe any copyright in the
broadcast or cable programme or in any work included in
St.

Adaptations

85. An act which by virtue of this Part may be done with-
out 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.

Prescribed Exceptions

86.-(1) Subject to the provisions of this section, the
Minister may, by order, subject to negative resolution, pro-
vide 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.

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COPYRIGHT

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

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

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

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

(3) An order made under subsection ( I ) shall make
provision for the payment of equitable remuneration to the
copyright owner to be determined, in default of agreement,
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
purpose of giving effect to the order.

PART vn
COPYRIGHT LICENS~NG

Preliminary

87.-(1) In this Part- Interpre-
tation ibt

"licence" means any licence that is issued or offered purposes
by a licensing body authorizing, in relation to of Part.

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 owner of copyright or as
agent for him, of licences, and whose objects

. . include the granting of licences covering works of
more than one author;

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COPYRIGHT

"licensing scheme" means a scheme setting out-
(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 terms 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 com-
panies.

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

any other company which is its holding company
or subsidiary;
any other company which is a subsidiary of the
holding company;
any company which directly or indirectly controls
or is controlled by any company referred to in
paragraph (0) or (b); and
any company which is controlled by a person who
directly or indirectly controls a company referred
to in paragraph (a), (b) or (c).

Licensing 88. The provisions of sections 89 to 94 apply to licensing
sohemes to ,,, - schemes of the following descriptions-
tions 89 to
94 apply. [The inclusion of this page is authonized by L.N. 42119951

COPYRIGHT

(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) which cover
works of more than one author, so far as they
relate to licences for-

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

public; or
(iii) broadcasting the work or including it in a

cable 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
programmes or the typographical arrangement of
published editions; and

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

References and Applications Kespectir~g
Licensing Schemes

89.-(1) The terms of a licensing scheme which a licensing Reference
body proposes to operate may be referred to the Copyright gs2:
Tribunal by an organization claiming to be representative f'gzy
of persons claiming that they require licences in cases of a
description to which the scheme would apply, either
generally or in relation to any description of case.

(2) The Tribunal shall first decide whether to enter-
tain the reference and may 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

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COPYRIGHT

order, either 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 circumstances.

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

Rafaeae 9 0 4 1 ) Where during the operation of a licensing scheme
"faist'ng licensi a dispute arises between the operator of the scheme and-
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
Copyright Tribunal in so far as it relates to cases of that
description.

(2) A scheme which has been referred to the Tribu-
nal under this section shall remain in operation until pro-
ceedings on the reference are concluded.

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

(4) The order may be made so as to be in farce
indefinitely or for such period as the Tribunal may deter:
mine.

m*er re- 91.-(1) Where the Copyright Tribunal has on a previow
fua~cs ,, reference of a licensing scheme under section 89 or 90, or

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

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COPYRIGHT

(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

(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 Tribu-
nal under this section shall remain in operation until pro-
ceedings 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 circum-
stances.

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

92.-(1) A person who claims, in a case covered by a
licensing scheme, that the operator of the scheme has g~z
refused to grant him or procure the grant to him of a licen-in

connection licence in accordance with the scheme, or has failed to do
ing ochcmc.

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COPYRIGHT

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.

(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 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 deter-
mine.

+lica- 93.-(1) Where the Copyright Tribunal has made an
ram for order under section 92 that a person is entitled to a licence
~ d e r a S ~ under a licensing scheme, the operator of the scheme or entitle-
ment to
liancu. [The inclusion of this page is authorized by L.N. 421 19951

COPYRIGHT

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 terms applicable in
accordance with the licensing scheme or, as the case may be,
the circumstances of the case.

94.-(1) A licensing scheme which has been confirmed or
varied by the Copyright Tribunal under sectim 89 or 90 ~ ~ ~ : ~ 1
shall be in force, or as the case may be, remain in operation as to licensing
so far as it relates to the description of case in respect of scheme.
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 atiy charges
payable under the scheme in respect of a licence
covering the case in question or, if the amount
cannot be ascertained, gives an undertdking ta the
operator to pay them when ascertained; and

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

-A

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COPYRIGHT

shall 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 ques-
tion in accordance with the scheme.

(3) The Tribunal may direct that the order, so far as
it varies the amount of charges payable, shall have 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 operation; 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 further 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
construed 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 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.

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COPYRIGHT

(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. Sections 96 to 99 apply to the following descriptions Licencts to
of licence granted by a licensing body otherwise than in ~ ~ , " ~ ~ ~
pursuance of a licensing scheme - 99 apply.

(a) licences relating to the copyright in literary,
dramatic, musical or artistic works or films (or
film sound-tracks 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
cable programme service;

(b) any licence relating to the copyright in a sound
recording (other than a film sound-track when
accompanying a film), broadcast or cable pro-
gramme, or the typographical arrangement of a
published edition; and

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

me inclusion of this page is authorized by L.N. 421 19951

Referam
to Tribuna!
of proposed
licence.

Reference
to Tribunal
of expiring
licence.

96.-(1) The terms on which a licensing body pi-oposes to
grant a licence may be referred to the Copyright Tribunal
by the prospective licensee.

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

(3) If the Tribunal decides to entertain the reference
it shall consider the terms of the proposed iicence 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 deter-
mine.

97.-(1) A licensee under a licence which is due to expire
by effluxion of time or as a result of notice ghen by the
licensing body, may apply to the Copyright Tribmal 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 made to 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 or̂ the licence on
such terms as the Tribunal 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 Tribunal may determine.

. .
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COPYRZGHT 91

98.-(1) Where the Copyright Tribunal has made an Application
for revlew order under section 96 or 97, the licensing body or the per- of order as

son entitled to the benefit of the order may apply to the 'O l'cence.
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 in the circumstances.

99.-(1) Where the Copyright Tribunal has made an ,,
order under section 96 or 97 and the order remains in force, ;$;: as
the person entitled to the benefit of the order shall, if he to licence.
satisfies the conditions 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.

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COPYRIGHT

(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 Tri-
bunal's order; and

(b) in the case of an order under section 97, if assign-
ment was not prohibited under the terms of the
original 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 reference 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 (I) 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 pay-
able by virtue of the later order.

Supplementary

Regulations 100. Regulations made under section 150 may prescribe
may pres-
cribe factors the matters which the Copyright Tribunal shall take into
to be taken account on a reference or application made under this Part
into
accouet. in respect of any class or classes of case.

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COPYRlGHT 93

101.-(1) An application to settle the royalty or other ~oya l ty payab e for
sum payable in pursuance of section 78 may be made to rental of
the Copyright Tribunal by the copyright owner or the per- ;~g:$,,~,
son claiming to be treated as licensed by him. am, etc.

(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 Tri-
bunal to vary the ~ r d e r and the Tribunal shall consider the
matter and make such order confirming or valying the
original order as it may determine to be reasonable in the
circumstances.

(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 sub-
section.

(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.

102.41) On the application of any person operating or M~~~~~~~~~
proposing to operate a licensing scheme for the purposes of ;2$;Zb
sections 58, 78 and such other provisions as inay be pre- licensing
scribed, the Minister shall by order certify the scheme if he scheme.

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

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COPYRIGHT

Establish-
ment of
Copyright
Tribunal.
Schedule.

Jurisdis-
tion of
Tribunal.

sections 58, 78 or such other provisions as may be pre-
scribed-

(a) on such date, being not less than eight wwks after
, ,

the order is made, as may he specified in the order,
or

(b) if the scheme is the subject of a reference under
section 89, any later date on which the order of
the Copyright 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.

PART VIII
THE COPYRIGHT TRIBUNAL

103.-(1) There is hereby established for the purposes of
this Act a tribunal to be called the Copyright Tribunal.

(2) The provisions of the Schedule shall have effect
as to the constitution of the Tribunal and otherwise in rela-
tion thereto.

104.41) The functions of the Tribunal shall be- -
(a) to hear and determine-

(i) any matter referred to it pursuant to any
provision of Part VII relating to a licensing
scheme or licence;

[The inclusion of this page is authorized by L.N. 42/1995]

(ii) an application under section 101 to settle
the royalty or other sum payable for rental
of a sound recording, film or computer pro-
gram;

(b) to keep under review the prescribed rate of royalty
payable to a performer in connection with an
adaptation of an original recording sf his per-
formance; and

(c) to make recomme~dations 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 dcsjgnate, of
any works or performance in which copyright or
other rights subsist.

(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 appropriateness of such rate and make
such recommendations to the Minister with respect thereto
as it thinks fit.

105.-(1) The Minister may make regulations relating to Regulations
proceedings before the Copyright Tribunal and provisions
shall be made in such regulations- c e e d i n ~ s of

rrl bunnl.
(a) prohibiting the Tribunal from entertaining a

reference under section 89. 90 or 91 by a repre-
sentative organization unless the Tribunal is satis-
fied that the organization is reasortably repre-
sentative of the class of persons which it claims to
represent;

(b) specifying the parties to any proceedings and
enabling the Tribunal to make a party to the pro-
ceedings any person or organization which the
Tribunal is satisfied has a substantiai interest in
the matter: and

- - -- - - - - - -
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COPYRIGHT

Appeal QU
point of
IQW.

Confer-
ment of
rights in
perf or-
mances.

Consent
required
for record-
ing or live
transmis-
sion of per-
f ormance.

(c) requiring the Tribunal to give the parties to pro-
ceedings an opportunity to state their case, in
writing or orally as the regulations may provide.

(2) The regulations may prescribe any matter in-
cidental to or consequential upon any appeal from the
Tribunal under section 106.

(3) Regulations made under this section shal
subject to negative resolution.

106.-(1) An appeal lies on any point of law arising from
a decision of the Copyright Tribunal to the Supreme Court.

(2) Regulations made under section 105 may limit
the time within which an appeal may be brought.

107.-(1) By virtue of, and subject to the provisions of
this Part, rights are conferred on-

(a) a performer, requiring his consent to the exploita-
tion of his performance; and

(b) a person having recording rights in relation to a
performance, requiring his consent to the making
of a recording of that performance.

(2) The rights conferred by this Part are inde-
pendent 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.

Performers' Rights

108.-(1) A performer's rights are infringed by a person
who, without his consent-

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COPYRIGHT

(a) makes, otherwise than for his private and domestic
use, a recording of the whole or any substantial
part of a qualifying performance; or

(b) broadcasts live, or includes live In a cable pro-
gramme service, the whole or any substantial part
of a qualifying performance.

(2) In an action for infringement 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.

109. A performer's rights are infringed by a person who, Infringe-
without his consent- ment of perfor-

mu's
(a) shows or plays in public the whole or any substan- rights by

tial part of a qualifying performance; or use recording of
(b) broadcasts or includes in a cable programme ser- ~ d ~ ~ ~ ~ t t

vice the whole or any substantial part of a quali-
fying performance,

by means of a recording which was made without the per-
former's consent and that person knows or has reason to
believe that it was so made.

110.-(1) A performer's rights are infringed by a person anWnt,a
who, without his consent and payment of royalty at the pre- :?&:
scribed rate, uses an original recording of a quahfying per- $ar%%
fonnance (whether authorized or not) for the purpose of hs
making an adaptation of the recording.

(2) In subsection (I) "an adaptation of the record-
ing" means a recording in which the performance is
accompanied by lyrics or music not contained in the original
recording.

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Y 8

Infringe-
ment of
per-
former's
rights by
~mportinp,
pos c w n g .
etc
illiat
recording.

Consent re-
quired for
recording
of perfor-
mance sub-
jec; to
evclusive
contract.

COPYRIGHT

111 .-(I) A perfomer's rights are infringed by a person
who, without his consent-

(a) imports into Jamaica otherwise than for his pri-
\ate and domestic use; or

( h ) in the course of a business possesses, sells or lets
for hire, offers or exposes for sale or hke, or dis-
tributes,

a recording of a qualifying perfor~nance 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 per-
former's rights brought by virtue of this section a defendant
shows that the illicit recording 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 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 Riehts

112.--(I) A person infringes the rights c?f a person having
recording rights in relation to a performance who, without
his consent, makes a recording of the whole or any substan-
tial part of the performance otherwise than for his private
and domestic use.

(2) In an action for infrinsement 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.

- -
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COPYRIGHT 99

163.-(1) A person infringes the rigths of a person having Infringe-
ment of recording rights in relation to a performance who, without recording

his consent- r~glits by use of re-
(a) shows or plays in public the whole or any substan- ',q$"iith-

tial part of the performance; or O U ~ consent.

(b) broadcasts or includes in a cable programme ser-
vice the whole or any sabstantial part rf the per-
formance,

by means of a recording which was, and which that person
knows or has reason to belieke was, made without the
appropriate consent.

(2) The reference in subsection (1) to the "appro-
priate consent" 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).

114.-(1) A person infringes the rights of a person having Tnfringe-
recording rights in relation to a psformance who, without ~~~~~~g
his consent- rights by

importing,
(a) imports into Jamaica otherwise than for his private procee?l?~s?

etc., ~lllc~t
and domestic use; or recording.

( b ) in the course of a hii.:iness, possesses, sells or lets
for hire, offers or exposes for sale or hire, or dis-
tributes,

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 infringement of those
rights brought by virtue of this section a defendant shows
that the illicit recording 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 payment in respect of the act com-
plained of.

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Permitted
acts in re-
lation to
perfor-
m4DCe0.

Fair deal-
in? for
enticism,
etc.

Incidental
inclusion of
perform-
ance or
recording.

(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

115. Notwithstanding the rights in performances con-
ferred by this Part-

(a) any act done in relation to a performance or re-
cording in the circumstances specified hereunder
does not constitute an infringement of the rights;
and

(6) the Copyright Tribunal may give consent on behalf
of a performer in the circumstances specified in
section 128.

116. Fair dealing with a performance or recording-
(a) for the purpose of criticism or review of that or

another 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
modifications, apply in determining whether or not an act
constitutes fair dealing.

117. The rights conferred by this Part are not infringed-
(a) by the incidental inclusion in a sound recording,

film, broadcast or cable programme of a perform-
ance or recording;

(b) by anything done in relation to copies of, or the
playing, showing, broadcasting or inclusion in a
cable 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

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COPYRIGHT

included in a sound recording. broadcast or cable pro-
gramme if it is deliberately included.

118.-(1) The rights conferred by this Part are not A C ~ S done
to record- infringed by the copying of a recording of a performance hg or per-

in the course of instruction, or of preparation for instruc- ::?;
tion, in the making of films or film sound-tracks, provided poses of

~nstructlon,
the copying is done by a person giving or receiving instruc- ,tc.
tion.

(2) The rights conferred by this Part are not in-
fringed-

(a) by the copying of a recording of a performance
for the purposes of setting or answering the ques-
tions 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 subsequently dealt with, it shall be treated as an illicit
recording for the purposes of that dealing, and if that deal-
ing infringes any right conferred by this Part, for all sub-
sequent purposes.

(4) In subsection (3) and in section 119 (2) "dealt
with" means sold or let for hire, or offered or exposed for
sale or hire.

119.-(1) A recording of a broadcast or cable pro-
gramme or a copy of such recording, may be made by or
on behalf of an educational establishement for the educa-
tional purposes of that establishment without thereby
infringing any of the rights conferred by this Part in relation
to any performance or recording included in it.

Recording
of broad-
casts and
cable pro-
gmmmcs by
educational
cstablish-
mentr.

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COPYRIGHT

(2 ) Where a recording which would otherwise be
an illicit recording is made in accordance with this section
but i5 subsequently dealt with (as defined in section 118 (4) )
it shall be treated as an illicit recording for the purposes of
that dealing, and if that dealing infringes any right con-
ferred by this Part, for all subsequent purposes.

A C ~ S done 120. The rights conferred by this Part are not infringed
to perforrn-
,, .,- by anything done for the purposes of-
recording
for Parlia- (a) parliamentary or judicial proceedings 01 the report-
mentary
proceed~ngs, ing of such proceedings; or
etc. ( b ) the proceedings of a statutory inquiry or the

reporting of such proceedings held in public.

Transter of 121.-(1) Where a recording of a performance in electro-
recording
of perform- nic form has been purchased on terms which, expressly or
.lnCf in impliedly or by virtue of any rule of law, allow the purchaser
i1e:tronic
torm. to make 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

purchaser;
( 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
conferred by this Part, but any recording made by the
purchaser which is not also transferred shall be treated as
an illicit recording for all purposes after the transfer.

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COPYRIGHT 103

(2) Subsection (1) applies where the original pur-
chased recording is no longer usable and what is transferred
is a further copy used in its place.

(3) This section also applies on a subsequent trans-
fer, with the substitution for references in subsection (1) to
the purchaser of references to the subsequent transfer or.

(4) This section does not apply in relation to a
recording purchased before the 1st September, 1993.

122.-(1) Where a recording of the reading or recitation use of re-
mrdings of of a literary work is made for the purpose of- spoken
words.

(a) reporting current events; or
(b) broadcasting or including in a cable programme

service the whole or part of the reading or recita-
tion,

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
recitation;

(c) the use made of the recording is not of a kind pro-
hibited by or on behalf of that person before the
recording was made; and

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

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COPYRIGHT

Playing
sound re-
cording as
part of
activities
of chari-
table or-
ganization,
etc.

Incidental
I ecording
for pur-
poses of
broadcast
or a b l e
piogramme.

123. It is not an infringement of any right conferred
by this Part to play a sound recording as part of the activities
of, or for 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 otherwise 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.

124.-(1) Subject to subsection (2), a person who pro-
poses to broadcast a recording of a performance, or to in-
clude a recording of a performance in a cable programme
service, in circumstances not infringing the rights conferred
by this Part, shall be treated as having consent for the pur-
poses of this Part for the making of a further recording
for the purposes of the broadcast or cable programme.

(2) The consent given under subsection (1) is subject
to the following conditions-

(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 para-

graph shall be treated as an illicit recording-
(a) for the purposes of any use in breach of the con-

dition mentioned in paragraph (a) of subsection
(2); and

(b) for all purposes after that condition or the con-
dition mentioned in paragraph (b) of subsection (2)
is breached.
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COPYRIGHT 103

125.-(1) The rights conferred by this Part are not Recordings for super-
infringed by the making or use by a prescribed broadcasting vision control and of
organization for the purpose of maintaining supervision
and control over programmes broadcast by that organiza- gramlnes-
tion, of recordings of those programmes.

(2) The rights conferred by this Part are not infring-
ed by the making or use of recordings by the Broadcasting
Commission in connection with and for the purpose of carry-
ing out its functions under the Broadcasting and Radio
Re-diffusion Act.

126.-(1) A recording of a broadcast or cable programme ~ ; ~ ; ~ ~ ~ ~
of a designated class, or a copy of such a recording, may be cable st or pro-
made for the purpose of being placed in an archive main- ,,, for
tained by a designated 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 cepting Order ex- acts
Minister may, by order, subject to negative resolution, pro- froln In-
vide that the rights conferred by this Part are not infringed ::g%der
by the doing of such acts in relation to the performance as thidart.
are specified in the order, where such acts are done in the
circumstances so specified.

(2) The Minister shall not make an order under sub-
section (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

[The inclusion of this page is authorized by m. 42/1995]

COPYRIGHT

(c) would not unreasonably prejudice the legitimate
interest 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 deter-
mined, in default of agreement, by the Copyright Tribunal;
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.

Tribunal
may con-

128.-(1) Subject to the provisions of this section, the
sent on b e Copyright Tribunal may, on the application of a person
half of who wishes to 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 dec t as con-
sent 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.

( 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 regula-
tions made under section 105 or as the Tribunal may in any
particular case direct.

(4) The Tribunal shall not give consent under para-
graph (b) of subsection ( 1 ) unless it is satisfied that the
performer's reasons for withholding consent do not include

[The inclu~i~on of this page is authorized by L.N. 42/.1995]

COPYRIGHT

the protection of any legitimate interest of his; but it shall
be for the performer to show what his reasons are for with-
holding consent, and in default of evidence as to his reasons
the Tribunal may draw such inferences as it thinks fit.

(5) In any case the Tribunal shall take into account
the following factors-

(a) whether the original recording was made with the
performer's consent and is lawfully in tine posses-
sion or control of the person proposing to make
the further recording;

(b) whether the making of the further recording is
consistent with the obligations of the parties to the
arrangements under which, or is otherwise con-
sistent 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 Duration
in relation to a performance until the end of the period of 2 %:+&
fifty years from the end of the calendar year in which the manes.
performance takes place.

130.-41) The rights conferred by this Part are not Transmis- sion of
assignable or transmissible, except to the extent that per- rightsin
formers' rights are transmissible as provided in this section. cs.

(2) On the death of a person entitled to performers'
rights-

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COPYRIGHT

(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 represen-
tative,

and references in this Part to the performer, in the context
of the person having performers' rights, shall be construed
as references 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 preju-
dice to any rights conferred by this Act on a person to whom
has been assigned the benefit of an exclusive recording con-
tract or licence to make recordings of a performance.

(5) Any damages recovered by personal represen-
tatives by virtue of this section in respect of an infringement
after a person'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 to past or future performances.

(2) A person having recording rights in a per-
formance 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.

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COPYRIGHT

(3) Where a right conferred by this Part passes to
another person, any consent binding on the person pre-
viously entitled 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 Part is actionable by the person entitled to the right as
a breach of statutory duty.

133.41) Where a person has in his possession, custody
or control in the course of a business an iIlicit recording of
a performance, a person having performers' rights or
recording rights under this Part in relation to the perform-
ance 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 opinion 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 pursuance of an order 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.

(4) Nothing in this section affects any other power
of the court.

Infringe-
ment
actionable
as breaoh
of statumry
duty.

Order for
delivery up
of illicit re-
cording in
civil pro-
ceedings.

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110 COPYRIGHT

Criminal
liability £01
making,
dealing with
or usma

134.-(1) A person commits an offence who without
sufficient consent-

(a) makes for sale or hire; or
illicit re-
cordings (b) imports into Jamaica otherwise than for his pri-

vate 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

(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) "suflicient 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
person having recording rights.

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COPYRIGHT

(4) References in this section to the person having
recording rights are to the person having those rights at the
time the consent is given or, if there is more than one such
person, to all of t h e n

(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 infi.inging the rights conferred
by this Part.

(6) A person guilty of an offence under subsection
(1) or (2) shall be liable-

(a) on summary conviction before a Resident Magistrate
to a fine not exceeding one hundred thousand
dollars or to imprisonment for a term not exceeding
two years;

(b) on conviction before a Circuit Court to a fine 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
against a person for an offence under section 134 may, if ofillicit
satisfied that at the time of his arrest or charge he had in ! T d i n g

m cnmuial
his possession, custody or control in the course of a p-
business an illicit recording of a performance, order that c"dingS.
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 the person is convicted of
the offence, but shall not be rnade-

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COPYRIGHT

(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. f'

(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.

False repre-
sentation of

136.-(1) It is an offence for a person to represent falsely
authority to that he is authorized by any person to give consent for the
give consent. purposes of this Part in relation to a performance, unless

he believes on reasonable grounds that he is so
authorized.

(2) A person guilty of an offence under this section
is liable on summary conviction before a Resident
Magistrate to a fine not exceeding fifty thousand dollars or
to imprisonment for a term not exceeding six months or to
both such fine and imprisonment.

Unautho-
rized

136A.-(1) A person who-
decoders.
291 1999 (a) makes or imports for commercial purposes;
S. 4.

(b) sells or lets for hire;

[The ~nclusion of th~s page is authorized by L N 3/2002]

(c) offers or exposes for sale or hire; or

(d) advertises for sale or hire,

any unauthorized decoder shall be guilty of an offence
and liable on summary conviction in a Resident Magistrate's
Court to a fine not exceeding two hundred and fifty thousand
dollars or to imprisonment for a term not exceeding twelve

/ ,
months or to both such fine and imprisonment.

(2) It is a defence to any prosecution for an offence
under this section for the defendant to prove that he did not
know, and had no reasonable ground for believing, that the
decoder was an unauthorized decoder.

PART X

GENERAL

136B.-(1) A person who- Unautho-
rized re-
ception of

makes charges for the reception of programmes programmes:
rights and included in a broadcasting or cable programme remedies,

service provided from a place in Jamaica; 2 9 ~ 9 9 9
S. 5.

sends encrypted transmissions of any other des-
cription from a place in Jamaica; or

has rights in the contents of any programme referred
to in paragraph (a) or' any transmission referred to
in paragraph (b),

[The inclusion of this page i s authorized by L.N. 3/2002]

112.02 COPYRIGHT

has the rights and remedies specified in subsection (2).

(2) The rights and remedies mentioned in subsection
(1) are-

(a) the same rights and remedies as are exercisable
under section 32(1) and (2) by a copyright owner,
in relation to an infringement of copyright;
and i^)

(b) are exercisable by a person referred to in subsection
(1) against a person who-

(i) makes or imports for commercial pur-
poses or sells or lets for hire, offers or
exposes for sale or hire or advertises
for sale or hire, any unauthorized
decoder; or

(ii) without lawful authority, receives or
distributes programmes from an
encrypted transmission for the pur-
pose of distributing the programmes to
other persons under commercial
arrangements with them.

(3) Subsection (3) of section 32 shall apply with
necessary modifications in relation to proceedings for
infringement of the rights conferred by this section, and
accordingly the reference in that subsection to the defendant
not knowing or having reason to believe that copyright
subsisted in the work to which the action relates shall be
construed as a reference to his not knowing or having reason
to believe that his acts infringed the rights conferred by this
section.

[The ~nclusion of this page is authorized by L.N. 3120021

COPYRIGHT 1 12.03

(4) The person referred to in subsection (1) also has,
in relation to any unauthorized decoder, the same rights as
are exercisable by a copyright owner in relation to any
infringing copy, under section 33 (delivery up of certain
articles).

(5) Section 137 applies with the necessary modi-
fications, in relation to the disposal of anything delivered up or
seized by virtue of subsection (4).

(6) This section shall not have effect in relation to
any act done before the 3rd day of September, 1999.

1 36C. For the purposes of sections 136A and 136B- Definition of
terms.
2911999.

"apparatus" includes any device, component or s . 5 .
electronic data;

"decoder" means any apparatus which is designed or
adapted to enable (whether on its own or with any
other apparatus) an encrypted transmission to be
decoded;

"transmission" means any programme included in a
broadcasting or cable programme service which is
provided from a place in Jamaica; and

"unauthorized" in relation to a decoder, means a
decoder which will enable encrypted transmissions
to be viewed in the decoded form without-

(a) payment of the fee (however imposed)

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COPYRIGHT

Order for
diswsal of

which the person making the trans-
mission, or on whose behalf it is made,
charges for viewing those transmissions,
or viewing any service of which they
form part; or

(b) the authority of a person referred to in
section 136B (1).

137.-(1) An application may be made to the court for-
in6inging
copy or illicit (a) an order that an infiinging copy or article delivered
recording. 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 shall be-

(i) forfeited to such person having performers'
rights or recording right in relation to the
performance as the court may direct; or

(ii) destroyed or otherwise dealt with as the court
thinks fit; or

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COPYRIGHT

(c) a decision that no order under paragraph (a) or (h)
should be 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) where the infringement relates to copyright in a
work, whether other remedies available in an
action for infringement of copyright would be
adequate to compensate the copyright owner and
to protect his interest;

(b) where the infringement relates to rights conferred
under Part IX, whether other remedies available
in an action for infringement of those rights would
be adequate to compensate the person or persons
entitled to the rights and to protect their interests.

(3) Provision shall be made by regulations as to
the service of notice on persons ha.ving an interest in the
infringing copy or other articles or the illicit recordng, as
the case may be, and any such person is entitled--

(a) to appear in proceedings for an order under this
section, 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 determination 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 thal such copy,

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114 COPYRIGHT

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 control 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.

Period
after wlhioh

138.41) An application for an order under section 33
remedy or 133 may not be made after the end of the period of six
~ d ~ ~ ~ m years from the date on which the infringing copy or article
a*1aMe. or, as the case may be, the illicit recording in question was

made, subject to the following provisions.

(2) If during the whole or any part of that period
a person entitled to apply for an order-

(a) is under a disability; or
(b) is prevented by fraud or concealment from dis-

covering the facts entitling him to apply,
an application may be made by him 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 discovered those facts.

Time 139. No prosecution for an offence under this Act shall be
limited for commenced after the expiration of fiive years after the com-
tion. mission of the offence or one year after the discovery there-

of, whatever date last occurs.

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COPYRIGHT 115

140.-(1) Subject to subsection (3) of this section and p o r n of
members

section 141, a member of the Constabulary Force of or of consta-
bulary above the rank of Inspector may, if he is satisfied that there

is reasonable cause to believe that an offence against this
Act is being committed, give directions to any constable
authorizing him to-

enter and search any premises or place;
stop, board and search any vessel (other than a
ship of war) or any aircraft (other than a military
aircraft); or
stop and search any vehicle, in which the con-
stable reasonably suspects there is an infringing
copy of a work or an illicit recording or any article
used or intended to be used for making infringing
copies or illicit recordings; and
seize, remove or detain-

(i) any article which appears to the constable
to be an infringing copy or an illicit record-
ing 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) A constable to whom directions have been given -
under subsection (1) may-

(a) break open any outer or inner door of any place
which he is authorized by this section to enter and
search;

(b) forcibly board any vessel, aircraft or vehicle which
he is authorized under this Act to stop, board and
search;

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COPYRIGHT

Restrictions
on the
entry and
search, .of
domestic
premises.

remove by force any person or thing obstructing
him in the exercise of any power conferred on him
by this Act;
detain any person found in any place which he is
authorized under this section to search until such
place has been searched;
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;
detain any vehicle which he is authorized under this
Act to stop and search until it has been searched;

(3) It shall be the duty of any constable in the execu-
tion of any directions given under subsection (1) to produce
the instrument containing the directions to the owner or
occupier of any premises, place, vessel or aircraft entered or
vehicle stopped, pursuant to such directions if required by
such owner or occupier to do so.

141.-(1) No domestic premises shall be entered and
searched pursuant to section 140 unless a magistrate has
issued a warrant under subsection (2).

(2) A magistrate may, if he is satisfied by informa-
tion on oath that there is reasfinable ground for suspecting
that there is in any domestic premises any article which may
be seized, removed or detained under any provision of this
Act, issue a warrant authorizing a member of the Con-
stabulary 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.

(3) In this section "domestic premises" means any
premises or any part thereof, used exclusively or mainly as a
dwelling.

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COPYRIGHT 117

142.-(1) Without prejudice to any other written law, any Ob"mCtiOn
of members

person who- of Consta-
bulary

(a) wilfully obstructs a member of the Constabulary Force.
Force in the exercise of his powers or the
performance of his duties under this Act;

(b) wilfully fails to comply with any requirement
properly made to him by any such member;
or

(c) without reasonable excuse, fails to give such
member any other assistance which he may
reasonably require to be given for the purpose
of exercising his powers or performing his duties
under this Act,

is liable on summary conviction before aResident
Magistrate to a fine not exceeding ten thousand dollars
or to imprisonment for a term not exceeding one
year.

(2) A person who, when required to give
information to a member of the Constabulary 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 summary conviction before a Resident Magistrate
to a fine not exceeding five thousand dollars or to
imprisonment for a term not exceeding six months.

(3) Nothing in this section shall be construed as
requiring any person to give any information which may

- incriminate him.

d
143. Where an offence under this Act committed by bodies Offence"y cor-

a body corporate is proved to have been committed porate.
with the consent or connivance of, or to be attributable
to any neglect on the part of, any director, manager,

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COPYRIGHT

secretary or other similar officer of the body
corporate or any person who was purporting to act in
any such capacity, he, as well as the body corporate,
is guilty of that offence and is liable to be proceeded
against and punished accordingly.

Power to 144.-(1) Subject to the provisions of this section, the
apply pro-
visionsof Minister may by order provide that in respect of any 0
Act to
other

country specified in the order, any provisions of this
country. Act so specified shall apply-

in relation to persons who are citizensor
habitual residents of that country as they apply to
persons who are citizens or habitual residents of
Jamaica;

in relation to bodies incorporated or established
under the laws of that country as they apply in
relation to bodies incorporated or established under
the laws of Jamaica;

in relation to literary, dramatic, musical or
artistic works, sound recordings, films and
editions first published in that country as they
apply in relation to such works, sound recordings,
films and editions first published in Jamaica;

in relation to broadcasts made from or cable
programmes sent from that country as they
apply in relation to broadcasts made from or
cable programmes sent from Jamaica;

in relation to performances taking place in that
country or given by an individual who is a

C,
citizen or habitual resident of that country, as
they apply in relation to performances taking
place in Jamaica or given by an individual who
is a citizen or habitual resident of Jamaica;

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COPYRIGHT 119

Cf) in relation to the protection of persons who 29"999.
S. (6)(a)(ii).

make charges for programmes included in a
broadcasting or cable programme service provided
in that country or an encrypted transmission
sent from that country as they apply in
relation to the protection of persons who make
charges in relation to programmes included in a
broadcasting or cable programme service
provided from Jamaica or an encrypted
transmission sent from Jamaica, as the case
may be.

(2) An order made under this section applying
any provisions of this Act in relation to any country
may apply that provision-

(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 any country unless-

(a) the country is 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 the owners of copyright
under this Act or, as the case may be, to
Jamaican performances as defined in section
145(4); or

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COPYRIGHT

(c) in relation to the rights and remedies
provided by sections 136A and 136B, the
country is a country as to which the
Minister is satisfied that provision has been
or will be made under its law giving
adequate protection to persons making charges
for programmes included in a broadcasting or
cable programme service provided from Jamaica 0
or an encrypted transmission sent from Jamaica,
as the case may be.

(4) In this section "Convention country" means a
country which is a party to a Convention relating to
copyright or performers' rights, or the distribution of
programme-carrying signals transmitted by satellite, as
may be appropriate, to which Jamaica is also a
party.

Denial of
copyright or

145.-(1)If it appears to the Minister that the
rightsin laws of a country fail to give adequate protection to
perfor-
mances.

Jamaican works to which this section applies or to
Jamaican performances, 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 performance 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 designate 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,

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COPYRIGHT

that rights in performances shall not subsist in
performances f ~ s t given, after a date specified in the order
(which may be a date before the 1st September, 1993) 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
Jamaica or a specified country (excluding the
country concerned); or

(b) in the case of works, bodies incorporated
or established 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 Jamaican works or Jamaican
performances in consequence of which the order is being
made.

(4) This section applies to literary, dramatic,
musical and artistic works, sound recordings and films,
and for the purposes of this section-

"Jamaican performances" means-

(a) performances given by individuals
who are citizens or habitual residents
of Jamaica; or

(b) performances that take place in
Jamaica;

"Jamaican works" means works of which the author was
a qualified person at the material time within the
meaning of section 7 (3).

145A.-(1) If it appears to the Minister that the laws -"Iof protection:
of a country fail to give adequate protection to persons pro,,s
who make charges for programmes included in a broad- "dencw"d transmissions.

29/1999.
S . 7

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COPYRIGHT

casting or cable programme service provided fiom
Jamaica, or an encrypted transmission sent fiom Jamaica,
as the case may be, the Minister may act in accordance
with subsection (2) in relation to that country.

(2) The Minister may, havigg regard to the nature ,'
and extent of the lack of protection, by order designate
the country concerned and may provide either
generally or in relation to such classes of case as are
specified in the order, that no protection shall be given under
this Act to persons who make charges for programmes
included in a broadcasting or cable programme service
provided fiom that country or an encrypted transmission
sent fiom that country, as the case may be.

Inter-
national

146.-(1) This section applies to international
o w n i m - organizations as to which the Minister by order has declared
tions. that it is expedient that this section should apply.

(2) Where an original literary, dramatic, musical or
artistic work is fvst 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 publication thereof, and-

(a) the work is so published in pursuance of an
agreement with the author which does not
reserve to the author the copyright, if any, in
the work; or I ,

(b) the work was made in such circumstances that,
if it had been first published in Jamaica, the
organization would have been entitled to the
copyright in the work,

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COPYRIGHT 122.01

then, copyright shall subsist in the work by virtue of this
section 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
Jamaica.

(4) An organization to which this section
applies which otherwise has not, or at some material time
otherwise has not, the 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
proceedings relating to copyright.

147.-(I) For the purposes of this Act, the territorial ~~~'~~~
sea and the exclusive economic zone of Jamaica shall be exclusive
treated as part of Jamaica. economic

zone.

(2) This Act applies to things done in the
exclusive economic zone as it applies to things done in
Jamaica.

(3) In this section-

"exclusive economic zone" means the zone
established under section 3 of the Exclusive
Economic Zone Act;

"territorial sea" means the waters described in section
12 of the Maritime Areas Act.

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122.02 COPYRIGHT

ActappliestO 148.-(1) This Act applies to things done on a
Jamaican
ships,air- Jamaican ship or Jamaican aircraft as it applies to things
craft. done in Jamaica.

(2) In this section "Jamaican ship" and "Jamaican
aircraft" mean, respectively, a ship or aircraft registered
in Jamaica.

Act binds
Crown.

149. This Act binds the Crown.

Regulations.
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 effect to this Act.

Repeals. 15 1 .-(I) The Copyright Act, 191 1, of the United

Kingdom, in so far as it is part of the law of Jamaica
shall cease to have effect in Jamaica on the appointed
day.

(2) Without prejudice to section 25 of the
Interpretation Act, the repeal under subsection (1) in
relation to the Copyright Act, 191 1 of the United Kingdom
includes the repeal of any Order-in-Council or subsidiary
legislation made under that Act, in so far as it has
effect as part of the law of Jamaica.

Savings. 152. Nothing in this Act shall affect the operation

of any rule of equity relating to breaches of trust or
confidence.

Transi-
tional.

153.-(1) Where immediately prior to the appointed day
copyright subsists in Jamaica in any literary, dramatic, musical
or artistic work by virtue of the Copyright Act, 191 1 of the
United Kingdom, such copyright shall continue to subsist and
the person entitled thereto by virtue of that Act

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COPYRIGHT

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

attaching 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 9

shall be governed by this Act.

(2) Where, on the appointed day copyright subsists
in Jamaica by virtue of section 19 (1) of the Copyright Act,
1911 of the United Kingdom, in any record, perforated roll
or other contrivance by virtue of which sounds may be
mechanically produced, 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, perforated roll or
contrivance, to have the meaning and effect it
would have had if this Act had not been passed.

(3) No act done before the appointed day is action-
able by virtue of the conferment of the rights specified in
Part III.

(4) The right 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 artis-
tic work af which the author died before the
appointed day; or

(b) in relation to a film made before the appointed day.

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COPYRIGHT

(5) 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 copy-
right made 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.

(6) The right to privacy conferred by section 17 in
respect of photographs and films does not apply to photo-
graphs taken or films made, before the appointed day.

(7) Where before the appointed day any person has
incurred any expenditure or liability in connection with or
in contemplation of, the doing of an act in relation to a
protected work or in 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 person 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 fixed by
the Copyright Tribunal.

(8) Where an act done before the appointed day
was then an infringement of copyright but is not an infringe-
ment of copyright under this Act, then, proceedings in
~espect of that Act may be taken as if this Act had not
been passed.

(9) An act done before the appointed day shall not
be an infringement of copyright or rights in performances

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COPYRIGHT 125

conferred by this Act if that Act would not, but for the
passing of this Act, have constituted an infringement.

(10) Proceedings for infringement of copyright in-
stituted but not disposed of before the appointed day shall
be disposed of as if this Act had not been passed.

(11) Proceedings under this Act for infringement
may be taken notwithstanding that the alleged infringement
occurred before the appointed day.

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126 COPYRIGHT

Constitu-
tion of the
Tribunal.

Alppaint-
ment of
members.

Resigna-
tions.

Revocation
of appoint-
ments.

Proceedings
of Tribunal.

SCHEDULE (Section 103 (2) )

1.--(I) The Tribunal shall consist of a chairman and two deputy
chairmen and not less than two nor more than eight cther members.

(2) A person eligible for appointment as chairman or a deputy
chsairman if he is an attorney-at-law of not less than five years' standing
or a person who has held judicial office.

2. The members of the Tribunal shall be appointed by the Minister
by instrument in writing, and, subject to the 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 by
instrument in writing and such resignation shall take effect as from
the date of the receipt by the Minister of such instrument.

4. The Minister may by instrument in writing at any time revoke
the appointment of any member of the Tribunal if-

(a) he has become bankrupt; or
(b) he is incapacitated by physical or mental illness,

or if he is, in the opinion of the Minister, otherwise unfit to perform
his ddties as member.

5.-41) The Copyright Tribunal shall sit in such number of 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 chnirman or a deputy

chairman of the Tribunal; and
(b) two or more ordinary members.

(3) Where in any proceedings the members are not unanimous.
the decision of the Tribunal shall be by a majority of the votes of the
memkers, 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 proeedings before the Tribunal has been
heard and one or more members of the Tribunal are unable to con-
tinue, the Tribunal shall remain duly constituted for the purpose of
those proceedings so long as the number of members is not reduced
to less than three.

(5) If the chairman of a division of the Tribunal is unable to
continue he shall-

(a) appoint one of the remaining members to act as chairman; and
(b) appoint a suitably qualified person to attend the proceedings

and advise the members of any question of Ihw arising.

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COPYRIGHT

(6) For the purposes of paragraph (4) (b), a person is suitably
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 regula-
tions made pursuant to section 150, the Tribunal may regulate its own
proceedings.

(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 pro- Power to
ceedings before it incurred by any party shall be paid by any other award oost~.
party, and may tax or settle the amount of any costs or expenses to
be paid under any such order or direct in what manncr they are to be
taxed.

7. The Minister shaN make such arrangements in relation 60 the ,d
provision and remuneration of officers and employees of the Tribunal mployees.
as may from time to time be necessary.

8. The chairman and other members of the Tribunal and persons Rmum-
appointed under paragraph 5 (5) (b) shall be paid such remuneration tion af
(whether by way of honorarium, salary or fees) and such allowances as membars.
the Minister may determine.

9. The expenses of the Tribunal, including the remuneration and &pmes.
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 constituted M E = t i m
and every change in the membership thereof shall be published in of membcr-
the Gazette. ship.

11. Notwithstanding anything to the contrary, no act done or pro- Pmtection
ceding taken under this Act by the Tribunal shall be questioned on ofTribunal.
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 in- Disclosure
directly in any matter before the Tribunal- of inetrest.

(a) shall disclose the nature of his interest at m y meeting 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.

-- -
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Protection 13. No action, suit, prosecution or other proceedings shall be brought
of mem- or instituted personally against any member of the Tribunal in respect
hers of of any act done bona fide in the execution or intended execution of the
Tribml. Tribunal's functions under this Act.

Members 14. The office of chairman or member of the Tribunal shall not be
not public a public office for the purposes of Chapter V of the Consti~tution of
Officers. Jamaica.

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