Copyright Act


Published: 2000-01-04

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Copyright Act
COPYRIGHT [CH.323 – 1




LRO 1/2010 STATUTE LAW OF THE BAHAMAS

COPYRIGHT


CHAPTER 323

COPYRIGHT

LIST OF AUTHORISED PAGES

1 – 4 LRO 1/2010
5 – 6 Original
7 – 28B LRO 1/2010
29 – 58 Original
59 – 62 LRO 1/2010
63 – 66 Original
67 – 70 LRO 1/2010
71 – 88 Original
89 – 90 LRO 1/2010
91 Original

ARRANGEMENT OF SECTIONS
PART I

PRELIMINARY

SECTION

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


PART II
COPYRIGHT



Protected Works
5. Copyright in general.
6. Category of works of authorship.
7. Qualification for protection: national origin.
8. Bahamas Government works.
9. Nature of copyright protection: economic and moral rights.
10. Duration of copyright in works of authorship.


PART III
MORAL RIGHTS AND RELATED RIGHTS



Identification with Work
11. Right to be identified as author.

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STATUTE LAW OF THE BAHAMAS LRO 1/2010



Objection to Treatment of Work of Visual Art
12. Right to object to derogatory treatment of work of visual art.



Related Rights
13. False attribution of work.
14. Right to privacy of photographs.
15. Duration of moral rights and related rights.
16. Consent and waiver of rights.
17. Application of provision of joint work.
18. Application of provisions to parts of work.


PART IV
OWNERSHIP AND ASSIGNMENT OF RIGHTS



Ownership of Copyright
19. Ownership of copyright.



Transfer of Copyright

20. Transfer of copyright ownership or rights.
21. Ownership of a copyright as distinct from ownership of material

object.
22. Exclusive licence.
23. Copyright in unpublished copy or phonorecord passes under will.
24. Moral rights etc. not assignable.
25. Transmission of moral rights etc. on death.
26. Execution of transfers of copyright ownership.
27. Recording of transfer and other documents.


PART V
COPYRIGHT NOTICE, DEPOSIT AND REGISTRATION


28. Notice copyright visually perceptible copies.
29. Notice copyright: phonorecords of sound recordings.
30. Publications incorporating Bahamas Government works.
31. Notice of copyright: contributions to collective works.
32. Deposit of copies or phonorecords for the Department of Archives.
33. Copyright registration in general.
34. Application for copyright registration.
35. Registration of claim and issuance of certificate.
36. Registration and infringement actions.
37. Registration not a prerequisite to actions for infringement.


PART VI
INFRINGEMENT OF RIGHTS



General Provisions

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LRO 1/2010 STATUTE LAW OF THE BAHAMAS

38. Meaning of action.
39. This Part subject to other provisions.


Infringement of Copyright
40. Acts infringing copyright.

Remedies for Copyright Owner
41. Action owner of copyright.
42. Order for delivery up in civil proceedings.



Remedies of Exclusive Licensee
43. Infringement of rights of exclusive licensee.
44. Infringement where rights concurrent.



Infringement of Moral Rights and Related Rights
45. Infringement of right to be identified as the author.
46. Infringement of right to object to derogatory treatment of work.
47. Infringement by possession of infringing work of visual art.
48. Acts not infringing section 12.
49. False attribution of work: infringement of right.
50. Infringement of privacy right respecting photographs, etc.
51. Effect of consent and waiver of rights.



Remedies for Infringement of Moral Rights and Related Rights
52. Remedies for infringing moral rights, etc.
53. Penalties in respect of dealings which infringe copyright.
54. Order to delivery up in criminal proceedings.



Supplementary
55. Application of provisions as to entry and search.
56. Provision for restricting importation of infringing phonorecords or

copies.


PART VII
EXCEPTIONS TO INFRINGEMENT OF COPYRIGHT



Preliminary
57. Definition of “sufficient acknowledgement”.



General Exceptions
58. Research and private study and teaching.
59. Criticism, review and reporting.
60. Determining fair dealing.
61. Incidental inclusion of protected work.

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STATUTE LAW OF THE BAHAMAS LRO 1/2010

Use of Work for Educational Purposes

62. Acts done for purposes of instruction or examination.
63. Collective works for educational use.
64. Fixation of transmission by educational establishment.
65. Restriction on reproduction by educational establishment.
66. Subsequent dealings with authorized copies or phonorecords.



Exceptions affecting Libraries and Archives
67. Interpretation of references; regulations.
68. Distribution by librarian of copies or phonorecords of published works.
69. Supply of copies and phonorecords to other libraries.
70. Replacing copies of works.
71. Reproduction of any unpublished works.



Exceptions relating to Public Administration
72. Parliamentary and judicial proceedings and statutory inquiries.
73. Scope of exclusive right in artistic works.
74. Extent of exclusive rights in sound recording.
75. Exemption of certain performances and displays.
76. Exceptions relating to computer programs.
77. Reading or recitation in public.
78. Exceptions relating to architectural works.
79. Exceptions relating to artistic works visible from a public place.



Miscellaneous Exceptions relating to Sound Recordings
80. Compulsory licence for making distributing phonorecords.
81. Exceptions respecting ephemeral recordings.
82. Recording transmissions for programme control.
83. Reception and re-transmission of broadcast in cable system.
84. Fixation for purposes of time shifting.
85. Power of Minister to prescribe exception to infringement.


PART VIII
THE COPYRIGHT ROYALTY TRIBUNAL


86. Establishment of Copyright Royalty Tribunal.
87. Jurisdiction of Tribunal.


PART IX
THE COPYRIGHT REGISTRY


88. Organization and general responsibilities of the Copyright Registry.
89. Copyright Registry regulations.

COPYRIGHT [CH.323 – 5


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[Original Service 2001] STATUTE LAW OF THE BAHAMAS

90. Effective date of actions in Registry.
91. Retention and disposition of articles deposited in Registry.
92. Preparation, maintenance, public inspection and searching of Registry

records.
93. Registry’s records.
94. Registry’s forms and publications.
95. Registry’s fees.
96. Reproduction for use of the blind and physically handicapped.


PART X
RIGHTS IN LIVE PERFORMANCES


97. Conferment of rights in live performances.



Performer’s Rights
98. Consent required for recording and/or live transmission of live

performances.
99. Infringement of performer’s rights by use of copy or phonorecord fixed

without consent.
100. Consent and royalty required for preparing a derivative work of the

performance.
101. Infringement of performer’s rights by importing, possessing etc. illicit

copy or phonorecord.


Rights of Person Having Recording Rights
102. Consent required for fixation of live performance subject to exclusive

contract.
103. Infringement of recording rights by use of copy or phonorecord fixed

without consent.
104. Infringement of recording rights by importing and possessing illicit

recording.


Exceptions to Infringement
105. Permitted acts in relation to performances.
106. Fair dealing for criticism, etc.
107. Incidental inclusion of a performance or copy or phonorecord thereof.
108. Reproduction of transmission by educational establishment.
109. Acts done to performance or copy or phonorecord for Parliamentary

proceedings.
110. Transfer of copy or phonorecord of performance.
111. Recordings for supervision and control of programmes.
112. Order excepting acts from infringing right under this Part.



Duration and Transmission of Rights in Live Performances: Consent
113. Duration of rights in live performances.
114. Transmission of rights in live performances.
115. Consent.

CH.323 – 6] COPYRIGHT





STATUTE LAW OF THE BAHAMAS [Original Service 2001]

Remedies for Infringement of Rights in Live Performances
116. Infringement actionable as breach of statutory duty.
117. Order for delivery up of illicit recordings in civil proceedings.


Offences
118. Criminal liability.
119. Order for delivery up of illicit copy or phonorecord in criminal

proceedings.
120. False representation of authority to give consent.


PART XI
GENERAL


121. Order for disposal of infringing copy or phonorecord or illicit

recording.
122. Period after which remedy of delivery up not available.
123. Time limited for prosecution.
124. Powers of members of Police Force.
125. Restrictions on the entry and search of domestic premises.
126. Obstruction of members of Police Force.
127. Offences by bodies corporate.
128. Denial of copyright or rights in performance.
129. Application to Bahamian ships and aircraft.
130. Act binds Crown.
131. Regulations.
132. Savings.
133. Transitional.

SCHEDULE.



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CHAPTER 323

COPYRIGHT
An Act to make better provision in respect of

copyright, to confer rights on performers and others in
live performances and for matters connected therewith,
and to repeal the Copyright Act, 1956 of the United
Kingdom in so far as it applies to The Bahamas.

[Assent 22nd May, 1998]
[Commencement 4th January, 2000]

PART I
PRELIMINARY

1. This Act may be cited as the Copyright Act.
2. (1) In this Act —
“authorised work” means a work on copies or

phonorecords of which no natural person is
identified as author;

“appointed day” means the day appointed by the
Minister pursuant to section 1;

“artistic works” include two-dimensional and three-
dimensional work of fine, graphic and applied
art, photographs, prints and art reproductions,
maps, globes, charts, diagrams, models,
architectural plans and technical drawings;

“audiovisual works” means works that consist of a
series of related images which are intrinsically
intended to be shown by the use of machines or
devices such as projectors, viewers, or
electronic equipment together with
accompanying sounds, if any, regardless of the
nature of the material objects, such as films or
tapes, in which the works are embodied;

“Berne Convention” means the Berne Convention for
the Protection of Literary and Artistic Works as
revised at Paris on 24th July, 1971;

“broadcast” means the transmission by wireless
telegraphy of visual images, sounds or other
information for reception by or presentation to

8 of 1998
2 of 2004

Short title.

Interpretation.

2 of 2004, s. 2.

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STATUTE LAW OF THE BAHAMAS LRO 1/2010

members of the public and references to
“broadcasting” shall be construed accordingly;

“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;
“cable programme service” means a service which

consists wholly or mainly in sending visual
images, sounds or other information for
reception by or presentation to members of the
public by means of a telecommunications
system other than wireless telegraphy; however
the term does not include —
(a) service or part of a service of which it is an

essential feature that while visual images,
sounds or other information are being
conveyed by the person providing the
service there will or may be sent from each
place of reception, by means of the same
system or (as the case may be) the same
part of it, information (other than signals
sent for the operation or control of the
service) for reception by the person
providing the service or other persons
receiving it;

(b) a service run for the purpose of a business
where —

(i) no person except the person carrying
on the business is concerned in the
control of the apparatus comprised
in the system;

(ii) the visual images, sounds or other
information are conveyed by the
system solely for purposes internal
to the running of the business and
not by way of rendering a service or
providing amenities for others; and

(iii) the system is not connected to any
other telecommunications system;

(c) a service run by a single individual where


(i) all the apparatus comprised in the
system is under his control;

2 of 2004, s. 2.

2 of 2004, s. 2.

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(ii) the visual images, sounds or other
information conveyed by the system
are conveyed solely for domestic
purposes of his; and

(iii) the system is not connected to any
other telecommunications system;

(d) services where —
(i) all the apparatus comprised in the

system is situated in, or connects,
premises which are single
occupation; and

(ii) the system is not connected to any
other telecommunications system,
other than services operated as part
of the amenities provided for
residents or inmates of premises run
as a business; and

(e) services which are, or to the extent that
they are, run for persons providing
broadcasting or cable programme services
or providing programmes for such services;

“cable system” means a facility located in The
Bahamas that in whole or in part receives
television broadcast signals transmitted within
The Bahamas or outside The Bahamas, and
diffuses secondary transmissions of such signals
or programs by wires, cables or other
communication channels to subscribing
members of the public who pay for such
service;

“collective work” means a work, such as a periodical
issue, anthology, or encyclopaedia, in which a
number of contributions, constituting separate
and independent works in themselves are
assembled into a collective whole;

“compilation” means a work formed by the collection
and assembling of pre-existing materials or of
data that is selected, co-ordinated or arranged in
such a way that the resulting work as a whole
constitutes an original work of authorship and
the terms “compilation” includes collective
works;

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

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“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 a device or machine having
information-processing capabilities to indicate,
perform or achieve a particular function, task or
result;

“copies” means material objects other than
phonorecords in which a work is fixed by any
method now known or later developed, and
from which the work can be perceived,
reproduced or otherwise communicated either
directly or with the aid of a machine or device
and the term copies include the material object,
other than a phonorecord, in which the work is
first fixed;

“copyright” means copyright conferred by Part II of
this Act;

“country” includes any territory;
a work is “created” when it is first fixed in a copy or

phonorecord for the first time; where a work is
prepared over a period of time, the portion fixed
at any particular time constitutes the work as of
that time, and where the work has been
prepared in different versions, each version
constitutes a separate work;

a “device”, “machine” or “process” means one now
known or later developed and the term
“process” includes a cable program service;

“derivative work” means a work based upon one or
more pre-existing works such as translation;
musical arrangement, dramatization,
fictionalization, motion picture version, sound
recording, art reproduction, abridgement,
condensation or any form in which a work may
be recast; transformed or adapted and a work
consisting of editorial revisions, annotation,
elaborations, or other modifications, which as a
whole, represent an original work of authorship;

to “display” a work means to show a copy of it,
either directly or by means of a film, slide,
television image, or any other device or process
or, in the case of a motion picture or other

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audiovisual work, to show individual images
non-sequentially;

“distribution” means the distribution to the public, for
commercial purposes, of copies or
phonorecords of a work by way of rental, lease,
hire, loan or similar arrangement and
“distributing” has a corresponding meaning;

“dramatic work” includes material dramatic in
character such as plays, dramatic scripts
designed for radio or television broadcasts or a
cable programme service, ballets, musical
comedies and operas;

“educational establishment” means any school,
college or other educational body designated by
the Minister by order either specifically or by
reference to a class, for the purposes of this Act;

“electronic” means actuated by electric, magnetic,
electro-magnetic, electro-chemical or electro-
mechanical energy, and “in electronic form”
means in a form usable only by electronic
means;

“exclusive licence” means a licence in writing signed
by or on behalf of the owner of copyright by his
duly authorized agent 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
create copies or phonorecords of one or more of
his performances with a view to their being
displayed or performed publicly, sold, rented or
otherwise commercially exploited;

a work is “fixed” in a tangible medium of expression
when its embodiment in a copy or phonorecord;
by or under the authority of the author, is
sufficiently permanent or stable to permit it to
be perceived, reproduced or otherwise
communicated for a period of more than
transitory duration; and a work consisting of

2 of 2004, s. 2.

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sounds, images, or both, that are being
transmitted, is “fixed” for the purposes of this
Act if the fixation of the work is being made
simultaneously with its transmission;

“future copyright” means copyright which will or
may come into existence in respect of any
future work or class of works or other subject-
matter, or on the coming into operation of any
provisions of this Act, or in any other future
event, and “prospective owner” shall be
construed accordingly and, in relation to any
such copyright, includes a person prospectively
entitled thereto by virtue of such an agreement
as is mentioned in subsection (1) of section
22A;

“graphic work” includes —
(a) any painting, drawing, map, chart or plan;

and
(b) any engraving, etching, lithograph, woodcut

or similar work;
“illicit recording” in relation to a live performance

means a copy or phonorecord wherever made,
the fixing 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 X; and which does
not fall within any of the exceptions specified in
or authorized pursuant to any provision of that
Part;

the terms “including” and “such as” are illustrative
and not limiting;

“infringing copy or phonorecord” in relation to a
protected work means —
(a) a copy or phonorecord of the work, the

making of which is not authorized under or
by virtue of any provision of this Act;

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

2 of 2004, s. 2.

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“literary work” means works other than audiovisual
works expressed in words, numbers, or other
verbal or numerical symbols or indicia,
regardless of the nature of the material objects
such as books, periodicals, manuscripts,
phonorecords, films, tapes or cards in which
they are embodied;

“Minister” means the Minister responsible for
Copyrights;

“motion pictures” means audiovisual works
consisting of a series of related images, which,
when shown in succession, impart an
impression of motion, together with
accompanying sounds, if any;

“musical work” means a work consisting of music,
inclusive of accompanying words intended to
be sung, spoken or performed with the music;

to “perform” a work means to recite, render, play,
dance or act it, either directly or by means of
any device or process or, in the case of a motion
picture or other audiovisual work, to show its
images in any sequence or to make the sounds
accompanying it audible;

“performance” in relation to the rights conferred
under Part X means —
(a) a dramatic performance,
(b) a musical performance,
(c) a reading or recitation of a literary work;
(d) a choreographic performance,
(e) 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;

“performer” means any actor, singer, musician,
dancer or other person who acts, sings, depicts,
delivers, declaims, plays in or otherwise
performs, a literary, dramatic or musical 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;

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“person having recording rights” in relation to a
performance 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

(b) is a qualified person,
so, however, that, where a performance is
subject to an exclusive recording contract but
the person mentioned in paragraph (a) is not a
qualified person, the expression shall be
deemed to extend to any qualified person who
is a citizen of The Bahamas and is licensed by
the person mentioned in paragraph (a) to
reproduce copies or phonorecords of the
performance with a view to their being
displayed or performed publicly, sold or
otherwise commercially exploited or to whom
the benefit of such a licence has been assigned;

“phonorecord” means material objects in which
sounds, other than those accompanying a
motion picture or other audiovisual work, are
fixed by any method now known or later
developed, and from which the sound can be
perceived, reproduced or otherwise
communicated either directly or with the aid of
a machine or device and the term phonorecord
includes the material object in which the sounds
are first fixed;

“photograph” means the embodiment of light or other
radiation in a copy from which an image is
produced, perceived, or otherwise communicated
either directly or with the aid of a machine or
device, and which is not part of a motion picture
or other audiovisual work;

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

“primary transmission” means a transmission made
by a transmission facility in The Bahamas or
outside The Bahamas whose signals are being
received by a secondary transmission service;

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a “pseudonymous” work means a work on the copies
or phonorecord of which the author is identified
under a fictitious name;

“publication” has the meaning assigned to it by
section 3;

to perform or display a work “publicly” means —
(a) to perform or display it at a place open to

the public or at any place where a
substantial number outside of a normal
circle of a family and its social
acquaintances is gathered; or

(b) to transmit or otherwise communicate a
performance or display of the work to a
place specified by paragraph (a) or to the
public by means of any device or process,
whether the section of the public capable of
receiving the performance or display
receive it in the same place or in separate
places and at the same time or at different
times;

“qualified person” —
(a) in the case of an individual, means a person

who is a citizen of, or whose habitual
residence or domicile is in The Bahamas,
or whose habitual residence or domicile is
in a foreign nation that is party to a
copyright treaty to which The Bahamas is
also a party; and

(b) in the case of a body corporate, means a
body incorporated or established under any
written law of The Bahamas or of a foreign
nation that is a party to a copyright treaty
to which The Bahamas is also a party;

“qualifying performance” means a live performance
that —
(a) is given by an individual who is a qualified

person; or
(b) takes place in The Bahamas or in a foreign

nation that is a party to a copyright treaty
to which The Bahamas is also a party;

“Registrar” means the person referred to in
subsection (1) of section 88;

“registration” means a registration of a claim of
copyright in a work;

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“Registry” means the Copyright Registry referred to
in subsection (5) of section 88;

“rental” means any arrangement under which a copy
or phonorecord of a work is made available —
(a) for payment in money or money’s worth;

or
(b) in the course of a business, as a part of

services 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 reproductions; or
(b) involving the use of a machine or device

for reproducing multiple copies,
and, in relation to a work held in electronic
form, includes any reproduction by electronic
means, but does not include the reproduction of
copies or phonorecords of motion pictures and
other audiovisual works or sound recordings
respectively;

“secondary transmission” means the simultaneous
transmission of a primary transmission, unless
delayed for technical reasons, but does not
include any transmission over the Internet or
any similar means of online delivery without
the consent of the copyright owner;

“sculpture” includes a cast or model made for
purposes of sculpture;

“sound recording” means works that result from the
fixation of a series of musical, spoken, or other
sounds, but not including the sounds
accompanying a motion picture or other
audiovisual work, regardless of the nature of the
material objects, such are disks, tapes or other
phonorecords in which they are embodied;

“supplementary work” for purposes of its definition in
“work made for hire”, means a work prepared for
publication as a secondary adjunct to a work by
another author for the purpose of introducing,
concluding, illustrating, explaining, revising,
commenting upon or assisting in the use of the
other work such as forewords, afterwords,
pictorial illustrations, maps, charts, tables,
editorial notes, musical arrangements, answer
material for tests, bibliographies, appendixes
and indexes;

2 of 2004, s. 2.

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“telecommunications system” means a system for
conveying visual images, sounds or other
information by electronic means;

“to transmit” a performance or display means to
communicate it by any device or process
whereby images or sound are received beyond
the place from which they are sent;

a “transmission programme” means a body of
material that, as an aggregate, has been
produced for the sole purpose of transmission to
the public in sequence and as a unit;

“Tribunal” means the Copyright Royalty Tribunal
established by section 86;

“unauthorized” when used to describe any act done in
relation to a work, means if copyright subsists
in the work, done otherwise than by or with the
licence of the owner of copyright;

“Universal Copyright Convention” means the
Universal Copyright Convention as revised at
Paris on July 24, 1971;

“useful article” means an article having an intrinsic
utilitarian function that is not merely to portray
the appearance of the article or convey
information and an article that is not normally a
part of a useful article is considered a “useful
article”;

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

“work” means those categories of original works of
authorship pursuant to section 6 and
accordingly “protected work” means a work of
any of such categories in which copyright
subsists by virtue of this Act;

“work made for hire” means —
(a) a work prepared by an employee within the

scope of his employment;
(b) a work specially commissioned for use as a

contribution to collective work, as a part of
a motion picture or other audiovisual work,
as a translation, as a compilation, as
an instructional test, as a test, as answer

2 of 2004, s. 2.

2 of 2004, s. 2.

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material for a test, as a supplementary
work, if the parties expressly agree in
written instrument signed by them that the
work shall be considered a work made for
hire;

(c) copies and phonorecords created under an
exclusive recording contract; however,
such copies shall be limited to music
videos which incorporates the sound
recording in timed relation to visual
images;

“work of joint authorship” means a work prepared by
two or more authors in which the contribution
of each author is not separate from the
contribution of the other author or authors;

“work of The Bahamas Government” means a work
prepared by an officer or employee of the
Government of The Bahamas as a part of that
person’s official duties;

“work of visual art” means —
(a) a painting, drawing, print or sculpture

existing in a single copy, in a limited
edition of one hundred copies or fewer that
are signed and consecutively numbered by
the author, or, in the case of a sculpture, in
multiple cast, carved, or fabricated
sculptures of one hundred or fewer that are
consecutively numbered by the author and
bear the signature or other identifying mark
of the author;

(b) a still photographic image produced for
exhibition purposes only, existing in a
single copy that is signed by the author, or
in a limited edition of one hundred copies
or fewer that are signed and consecutively
numbered by the author;

however, a work of visual art does not include —
(i) any poster, map, globe, chart, technical

drawing, diagram, model, applied art,
motion picture or other audiovisual work,
book, magazine, newspaper, periodical,
database, electronic information service,
electronic publication or similar
publication;

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LRO 1/2010 STATUTE LAW OF THE BAHAMAS

(ii) any merchandising item or advertising,
promotional, descriptive, covering or
packaging material or container;

(iii) any portion or part of any item described in
subparagraph (i) or (ii);

(iv) any work made for hire; or
(v) any work not subject to copyright

protection under this Act;
“writing” includes any tangible medium of

expression now known or later developed from
which original works of authorship can be
perceived, reproduced, or otherwise
communicated either directly or with the aid of
a device or machine, and “written” shall be
construed accordingly.

(2) References in this Act to the time at which, or
the period during which, a work was created are references
to the time or period at or during which it was first fixed.

(3) The term “artistic works” as defined in
subsection (1) shall include works of artistic craftsmanship
insofar as their form but not their mechanical or utilitarian
aspects are concerned; and the design of a useful article, as
defined in this section, shall be considered an artistic work
only if, and only to the extent that, such design
incorporates artistic features that can be identified
separately from and are capable of existing independently
of, the utilitarian aspects of the article.

3. (1) Subject to the following provision of this
section, for purposes of this Act, publication in relation to a
work means the distribution of copies or phonorecords of a
work to the public (whether by way of sale or otherwise)
including where the work is a literary, musical, dramatic,
motion pictures or other audiovisual works, choreographic
or artistic work, the making available of copies and
phonorecords 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 distribution to the
public of copies and phonorecords of a work are to the act
of putting into circulation copies and phonorecords not
previously put into circulation in The Bahamas or
elsewhere, and not to —

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

Publication.

CH.323 – 20] COPYRIGHT





STATUTE LAW OF THE BAHAMAS LRO 1/2010

(b) any subsequent importation of those copies or
phonorecords into The Bahamas,

except that in relation to motion pictures and other
audiovisual works, the act of distributing copies to the
public include any subsequent rental of copies to the
public.

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

(4) A public performance or display of a work does
not of itself constitute publication.

(5) 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.

(6) For the purposes of this Act, a publication in
The Bahamas 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.

(7) In determining, for purposes of any provision of
this Act —

(a) whether a work has been published;
(b) whether a publication of a work was a first

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

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

4. (1) In relation to the transmission of a work, an
encrypted transmission shall be regarded as capable of
being lawfully received members of the public only if
decoding equipment has been made available to members
of the public by or with the authority of the person making
the transmission or the person providing the contents of
transmission.

(2) References in this Act to the person making a
transmission, transmitting a work or including a work in a
transmission are references —

Lawful reception
of transmission.

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LRO 1/2010 STATUTE LAW OF THE BAHAMAS

(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
arrangements necessary for its transmission,

references in this Act to a programme, in the context of
transmitted are to any item included in a transmission.

PART II
COPYRIGHT

Protected Works
5. (1) Unless otherwise specifically provided in

this Act, copyright shall not subsist in any work unless it
satisfies the requirements specified in this Part as
respects —

(a) the category of works of authorship; and
(b) the qualification of the author.
(2) If the requirements of this Part are once satisfied

in respect of a work, copyright does not cease to subsist by
reason of any subsequent event.

6. (1) Copyright is a property right which, subject
to the provisions of this section, may subsist in the
following categories of work of authorship —

(a) literary works;
(b) musical works inclusive of any accompanying

words;
(c) dramatic works inclusive of any accompanying

music;
(d) artistic works;
(e) motion pictures and other audiovisual works;
(f) choreographic works;
(g) sound recordings;

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

(2) Works of authorship shall not be eligible for
copyright protection unless it is fixed in writing and any
reference in this Act to the time which a work is created is
a reference to the time at which it is so fixed.

Copyright in
general.

Category of
works of
authorship.

CH.323 – 22] COPYRIGHT





STATUTE LAW OF THE BAHAMAS LRO 1/2010

(3) The —
(a) categories of copyright works specified by this

section include compilations and derivative
works, but protection for a work employing pre-
existing material in which copyright subsists
does not extend to any part of the work in which
such material has been used unlawfully;

(b) copyright in a compilation or derivative work
extends only to the material contributed by the
author of such work, as distinguished from the
pre-existing material employed in the work and
does not imply any exclusive right in the pre-
existing material;

(c) copyright in a compilation or derivative work is
independent of, and does not affect or enlarge
the scope, duration, ownership or subsistence of
any copyright protection in the pre-existing
material.

(4) In no case does copyright protection for an
original work of authorship extend to an idea, concept,
process, principle, procedure, system or discovery of things
of a similar nature regardless of the form in which it is
described, explained, illustrated or embodied in such work.

7. (1) The works specified by subsections (1) and
(3) of section 6 while unpublished, are subject to protection
under this Act if the author is a qualified person.

(2) The works specified by subsections (1) and (3)
of section 6 when published, are subject to protection
under this Act if —

(a) on the date of first publication, one or more of
the authors is a qualified person; or

(b) the work is first published in The Bahamas or in
a foreign nation that, on the date of first
publication, is a party to the Universal Copyright
Convention; or

(c) the work is protected under the Berne
Convention.

8. Copyright protection under this Act shall subsist
in every work which is eligible for copyright and which is
made by or under the direction or control of the
Government.

Qualification for
protection:
national origin.

Bahamas
Government
works.

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LRO 1/2010 STATUTE LAW OF THE BAHAMAS

9. (1) By virtue of and subject to the provisions of
this Act, the owner of copyright shall have the exclusive
right to do or to authorize any of the following —

(a) to reproduce the copyright work in copies or
phonorecords;

(b) to distribute copies or phonorecords of the
copyright work to the public by sale or other
transfer of ownership, or by rental or loan;

(c) to prepare derivative works based upon the
copyright work;

(d) in the case of a literary, musical, dramatic and
choreographic, and motion pictures and other
audiovisual works, to perform the copyright
work publicly;

(e) in the case of a literary, musical, dramatic and
choreographic, artistic works, including the
individual sequence images of a motion picture
audiovisual work, to display the copyright work
publicly; and

(f) to broadcast the copyright work or include it in a
cable programme service.

(2) By virtue of and subject to the provisions of this
Act the author of a literary, dramatic, musical,
choreographic or artistic work that is a protected work shall
have in respect of such work, whether or not he is the
owner of copyright in the work, the moral rights specified
in Part III.

10. (1) Subject to the provisions of this section,
copyright in any work expires at the end of the period of
seventy years from the end of the calendar year in which
the author dies.

(2) Where the author of a work referred to in
subsection (1) is anonymous, pseudonymous or the work is
made for hire, copyright in that work expires at the end of
the period of seventy years from the year of its first
publication or a term of one hundred years from the year of
its creation, whichever expires first.

(3) Subsection (2) shall not apply if the identity of
the author becomes known after the end of the period
specified in that subsection and if before the end of such
period, the identity of one or more of the authors of any
anonymous or pseudonymous work is revealed in the
records of the registration made for that work under

Nature of
copyright
protection:
economic and
moral rights.

2 of 2004, s. 3.

2 of 2004, s. 3.

2 of 2004, s. 3.

Duration of
copyright in
works of
authorship.

CH.323 – 24] COPYRIGHT





STATUTE LAW OF THE BAHAMAS LRO 1/2010

subsection (1) or (4) of section 33 or in the records
provided by this section, the copyright in the work endures
for the term specified by subsection (1) or (5), based on the
life of the author or authors whose identity has been
revealed.

(4) Any person having an interest in the copyright in
any anonymous work may at any time record, in records to
be maintained by the Registry for that purpose, a statement
identifying one or more of the work and the statement shall
also identify the person filing it, the nature of the person’s
interest, the source of the information recorded, and the
particular work affected, and shall comply in form and
content with requirements that the Minister may prescribe
by regulation.

(5) In the case of a joint work prepared by two or
more authors who did not work for hire, the copyright
endures for a term consisting of the life of the last
surviving author and seventy years after such last surviving
author’s death.

(6) The provisions of subsections (1) to (4) shall not
apply to computer-generated work, the copyright in which
expires at the end of the period of seventy years from the
end of the calendar year in which the work was created.

(7) Where the country of origin of the work is not
The Bahamas and the author of the work is not a citizen of
The Bahamas, the duration of the copyright is that to which
the work is entitled in the country of origin, provided that it
does not exceed the period under subsection (1).

(8) Any person having an interest in a copyright
may at any time record in the Registry a statement of the
date of death of the author of the copyright work, or a
statement that the author is still living on a particular date;
the statement shall identify the person filing it, the nature
of that person’s interest, the source of the information
recorded, and shall comply in form and content with
requirements that the Minister may prescribe by regulation;
the Registrar shall maintain current records of information
relating to the death of authors of copyright works, based
on such recorded statements and, to the extent that the
registrar considers practicable, on data contained in any of
the records of the Registry or in other reference sources.

(9) After a period of seventy-five years from the
year of the first publication of a work, or a period of one
hundred years from its creation, whichever expires first,

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LRO 1/2010 STATUTE LAW OF THE BAHAMAS

any person who obtains from the Registry a certified report
that the records provided under subsection (8) disclose
nothing to indicate that the author of the work is living, or
died less that seventy years before, is entitled to the benefit
of a presumption that the author has been dead for at least
seventy years; reliance in good faith upon this presumption
shall be a complete defence to any action for infringement
under this Act.

PART III
MORAL RIGHTS AND RELATED RIGHTS

Identification with Work
11. (1) Subject to subsection (7) and to such

exceptions as may be specified in or pursuant to any other
provision of this Act, the author of a literary,
choreographic, musical, dramatic or artistic work that is a
protected work has the right to be identified as the author
of the work in the circumstances specified in this section.

(2) The author of a literary work or a dramatic work
has the right to be identified as such whenever —

(a) the work or a derivative work thereof, is
published or performed publicly; or

(b) copies or phonorecords including the work are
distributed to the public.

(3) The author of a musical work has the right to be
identified as such whenever —

(a) the work is published;
(b) phonorecords containing a sound recording of

the work are distributed to the public; or
(c) a motion picture, the sound track of which

includes the work, is performed publicly or
copies of such motion picture are distributed to
the public.

(4) The author of an artistic work has the right to be
identified as such whenever —

(a) the work is published or displayed publicly;
(b) a motion picture including a visual image of the

work is performed in public or copies of such a
motion picture are distributed 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 the work are distributed to the public.

(5) The author of a choreographic work has the right
to be justified as such whenever —

Right to be
identified as
author.

CH.323 – 26] COPYRIGHT





STATUTE LAW OF THE BAHAMAS LRO 1/2010

(a) the work is published or performed publicly;
(b) copies or phonorecords containing the work is

distributed to the public.
(6) For the purpose of this section, any reasonable

form of identification may be used.
(7) Except as may otherwise be explicitly provided

by contract, right conferred by this section shall not apply
in relation to —

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

(b) any work created as a work made for hire.
Objection to Treatment of Work of Visual Art

12. (1) Subject to subsection (3) and to such
exceptions as may be specified in or pursuant to any other
provision of this Act, the author of a work of visual art that
is a protected work, has the right —

(a) to prevent the use of his name as the author of
the work of visual art in the event of derogatory
treatment;

(b) to prevent any destruction of his work which is
of recognised stature;

(c) not to have the work or any part thereof
subjected to derogatory treatment,

and any such right is infringed by any person who does any
of the acts specified in section 46 in the circumstances so
specified.

(2) The author of a work of visual art shall have the
rights conferred by subsection (1) in that work whether or
not the author is the copyright owner; and the authors of a
joint work of visual art shall be co-owners of the rights
conferred by this section.

(3) The rights conferred by subsection (1) shall not
apply in relation to —

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

(b) fair dealing with any work made for the
purposes specified in section 60;

(c) any work created as a work made for hire;
(d) the modification of a work of visual art which is

the result of the passage of time or the inherent
nature of the material in which it is fixed;

(e) the modification of a work of visual art which is
the result of conservation of the public
presentation including lighting and placement of
the work;

Right to object to
derogatory
treatment of
work of visual
art.

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LRO 1/2010 STATUTE LAW OF THE BAHAMAS

(f) any derogatory treatment of a work incorporated
in or made part of a building to which the author
consented to the installation of the work.

(4) In this section —
“derogatory treatment” means, in relation to a work,

any distortion, mutilation or other modification
of that work which would be prejudicial to its
author’s reputation.

Related Rights
13. (1) A person has the right —
(a) not to have a literary, dramatic, musical,

choreographic or artistic work falsely attributed
to him as author; and

(b) not to have a motion picture falsely attributed to
him as director.

(2) In this section —
“attribution”, in relation to such work, means a

statement, whether express or implied, as to the
identity of the author or director.

(3) The right conferred by subsection (1) is
infringed in the circumstances specified in section 49.

14. Subject to section 50, a person who for private
and domestic purposes commissions the taking of a
photograph or the making of audiovisual work has, where
the resulting work is a protected in, the right not to have —

(a) copies of the work distributed to the public;
(b) the work displayed publicly;
(c) the work performed publicly;(d) the work

reproduced in copies other than for archival
purposes or for complying with the deposit
requirement under section 33 of this Act.

15. The rights conferred by sections 11, 12, 13 and
14 subsists so long as copyright subsists in the work.

16. (1) A person having a right conferred under this
Part may consent to the doing of any act affecting such
right or may waive the rights under sections 11 and 12.

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

(a) must identify the specific work, and the uses of
the work, to which the waiver applies, and

2 of 2004, s. 4.

False attribution
of work.

Right to privacy
of photographs.

Duration of
moral rights and
related rights.
Consent and
waiver of rights.

CH.323 – 28] COPYRIGHT





STATUTE LAW OF THE BAHAMAS LRO 1/2010

waiver shall apply only to the work and uses
identified; and

(b) may be expressed to be subject to revocation.
(3) Where a waiver is made in favour of the owner

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

17. (1) The right conferred under section 11 is, in
the case of a work of a joint authorship, a right of each
joint author to be identified as joint author.

(2) The right conferred by section 12 is, in the case
of a work of a joint authorship, a right of each joint author
and his right is satisfied if he consents in writing to the
treatment in question.

(3) In the case of a joint work prepared by two or
more authors, a waiver of rights under section 16 made by
one such author does not affect the rights of the other joint
authors.

(4) The right conferred by section 14 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 the right of each is satisfied if he consents in writing
to the act in question.

18. The rights conferred by —
(a) sections 11 and 14 apply in relation to the whole

or any substantial part of a work; and
(b) sections 12 and 13 apply in relation to the whole

or any part of a work.

PART IV
OWNERSHIP AND ASSIGNMENT OF RIGHTS

Ownership of Copyright
19. (1) Subject to the provisions of this section, the

author of a protected work is the first owner of any
copyright in that work.

(2) In the case of a work made for hire, the
employer or other person for whom the work was prepared
is considered the author for purposes of this Act and unless
the parties have expressly agreed otherwise in written
instrument signed by them, that employer or other person
owns all of the rights comprised in the copyright.

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

Application of
provision of joint
work.

Application of
provisions to
parts of work.

Ownership of
copyright.

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LRO 1/2010 STATUTE LAW OF THE BAHAMAS

(4) Copyright in each contribution to a collective
work is distinct from copyright in the collective work as a
whole, and vests initially in the author of the contribution;
in the absence of an express transfer of the copyright or
any rights under it, the owner of copyright in the collective
work is presumed to have acquired only the privilege of
reproducing and distributing the contribution as part of that
particular collective work, any revision of that collective
work and any later collective work in the same series.

20. (1) The ownership of a copyright may be
transferred in whole by any means of conveyance or by
operation of law, and may bequeathed by will or pass as
personal property by the applicable intestate succession.

(2) Any of the exclusive rights comprised in a
copyright, any subdivision of any of the rights specified in
section 9, transferred as provided by subsection (1) and
owned separately.

(3) When an individual author’s ownership of a
copyright, or any exclusive rights under a copyright, has
not previously been transferred voluntarily by that
individual author, no action by any governmental body or
other official organization purporting to seize, expropriate,
transfer, or exercise rights of ownership with respect to
copyright, or any of the exclusive rights under a copyright,
shall be given effect under this Act.

21. Ownership of a copyright, or of any of the
exclusive rights under a copyright, is distinct from
ownership of any material object in the work is embodied;
transfer of ownership of any material including the copy or
phonorecord in which the work is first fixed, does not of
itself convey any rights in the copyright work embodied in
the object; nor in the absence of an agreement, does
transfer of ownership of a copyright or any exclusive rights
under a copyright convey property rights in any material
object.

22. (1) The owner of any particular exclusive right
is entitled, to the extent of that right, to all of the protection
and remedies accorded to the copyright owner by this Act.

(2) A licensee under an exclusive licence shall have
the same rights against a successor in title who is bound by
the licence as he has against the person granting the
licence.

22A.(1) Where by an agreement made in relation to
any future copyright, and signed by or on behalf of the
prospective owner of the copyright, the prospective owner
purports to assign the future copyright (in whole or in part)
to another person (in this subsection referred to as “the

Transfer of
copyright
ownership or
rights.

Ownership of a
copyright as
distinct from
ownership of
material object.

Exclusive licence.

2 of 2004, s. 5.

Future copyright.

2 of 2004, s. 6.

CH.323 – 28B] COPYRIGHT





STATUTE LAW OF THE BAHAMAS LRO 1/2010

assignee”), then, if on the coming into existence of the
copyright, the assignee or a person claiming under him
would, apart from this subsection, be entitled as against all
other persons to require the copyright to be vested in him
(in whole or in part, as the case may be), the copyright
shall, on its coming into existence, vest in the assignee or
his successor in title accordingly by virtue of this
subsection and without further assurance.

(2) Where, at the time when any copyright comes
into existence, the person who, if he were then living,
would be entitled to the copyright is dead, the copyright
shall devolve as if it had subsisted immediately before his
death and he had then been the owner of the copyright.

(3) Where a licence is granted by a prospective
owner of any copyright, that licence shall be binding upon
every successor in title to his interest in the copyright,
except a purchaser in good faith for valuable
consideration and without notice (actual or constructive) of
the licence or a person deriving title from such a purchaser;
and references in this Act, in relation to any copyright, to
the doing of anything with or without (as the case may be),
the licence of the prospective owner of the copyright shall
be construed accordingly.

23. Where under a bequest (whether specific or
general) a person is entitled, beneficially or otherwise, to —

(a) an original copy that embodies a literary,
dramatic, musical, choreographic or artistic
work which was not published before the death
of the testator; or

(b) an original phonorecord containing a sound
recording or copy of a motion picture or other
audiovisual work 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, or such copy or
phonorecord is subject to a contractual agreement, 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.

24. The rights conferred under Part III are not
assignable.

25. (1) On the death of a person entitled to a right
conferred by section 11, 12, 13 or 14 —

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

2 of 2004, s. 6.

2 of 2004, s. 6.

Copyright in
unpublished copy
or phonorecord
passes under will.

Moral rights etc.
not assignable.

Transmission of
moral rights etc.
on death.

COPYRIGHT [CH.323 – 29


––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
[Original Service 2001] STATUTE LAW OF THE BAHAMAS

(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 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
representatives.

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

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

(a) where the right is conferred by section 12 or 14,
it is a right exercisable by each of them and is
satisfied 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 16 by one of them shall not affect the
rights of the others.

(4) A consent or waiver previously given 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 13 is actionable by his personal
representatives.

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

26. (1) A transfer of copyright ownership, other than
by operation of law, is not valid unless an instrument of
conveyance, or a memorandum of the copyright transfer, is
in writing and signed by the owner of the rights conveyed
or by such owner’s duly authorized agent.

(2) A certificate of acknowledgement is not required
for the validity of a transfer, but is prima facie evidence of
the execution of the transfer if —

(a) in the case of a transfer executed in The
Bahamas, the certificate is issued by a person
authorized to administer oaths within The
Bahamas; or

Execution of
transfers of
copyright
ownership.

CH.323 – 30] COPYRIGHT





STATUTE LAW OF THE BAHAMAS [Original Service 2001]

(b) in the case of a transfer executed in a foreign
country, the certificate is issued by a diplomatic
or consular officer of The Bahamas, or by a
person authorized to administer oaths whose
authority is proved by a certificate of such an
officer.

27. (1) Any transfer of copyright ownership or other
document pertaining to a copyright may be recorded in the
Registry if the document filed for recording bears the
actual signature of the person who executed it, or if it is
accompanied by a sworn or official certification that it is a
true copy of the original, signed document.

(2) The Registrar shall, upon receipt of a document
as provided by subsection (1) and the fee prescribed by
subsection (1) of section 95, record the document and
return it with a certificate of recording.

(3) Recording of a document in the Registry gives
all persons constructive notice of the facts stated in the
recorded document, but only if —

(a) the document, or material attached to it,
specifically identifies the work to which it
pertains so that, after the document is indexed
by the Registrar, it would be revealed by a
reasonable search under the title or registration
number of the work; and

(b) registration has been made for the work.
(4) As between two conflicting transfers, the one

executed first prevails if it is recorded, in the manner
required to give constructive notice under subsection (5),
within one month after its execution in The Bahamas or
within two months after its execution outside The
Bahamas, or at anytime before recording in such manner of
the later transfer; otherwise the later transfer prevails if
recorded first in such manner, and if taken in good faith,
for valuable consideration or on the basis of a binding
promise to pay royalties, and without notice of the earlier
transfer.

(5) A non-exclusive licence, whether recorded or
not, prevails over a conflicting transfer of copyright
ownership if the licence is evidenced by a written
instrument signed by the owner of the rights licensed or
such owner’s duly authorized agent; and if —

Recording of
transfer and
other documents.

COPYRIGHT [CH.323 – 31


––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
[Original Service 2001] STATUTE LAW OF THE BAHAMAS

(a) the licence was taken before execution of the
transfer; or

(b) the licence was taken in good faith before
recording of the transfer and without notice of it.

PART V
COPYRIGHT NOTICE, DEPOSIT AND

REGISTRATION
28. (1) Whenever a work protected under this Act is

published in The Bahamas or elsewhere by authority of the
copyright owner, a notice of copyright as provided by this
section may be placed on publicly distributed copies from
which the work can be visually perceived, either directly or
with the aid of a machine or device.

(2) If a notice appears on the copies, it shall consist
of the following three elements —

(a) the symbol (the letter C in a circle), or the word
“Copyright”, or the abbreviation “Copr.”;

(b) the year of first publication of the work; in the
case of compilations or derivative works
incorporating previously published material, the
year of first publication of the compilation or
derivative work is sufficient; the year may be
omitted where an artistic work, with
accompanying text matter, if any, is reproduced
in or on greeting cards, postcards, stationery,
jewellery, dolls, toys or any useful articles; and

(c) the name of the owner of copyright in the work,
or an abbreviation by which the name can be
recognised, or a generally known alternative
designation of the owner.

(3) The notice shall be affixed to the copies in such
a manner and location as to give reasonable notice of the
claim of copyright and after consultation with the
Registrar, may prescribe by regulation, as examples,
specific methods of affixation and positions of notice on
various types of works that will satisfy the requirement,
specifications shall not be considered exhaustive.

(4) If a notice of copyright in the form and position
specified subsection appears on the published copy or
copies to which defendant in a copyright infringement
action had access, then no weight shall be given to such a


Notice copyright
visually
perceptible
copies.

CH.323 – 32] COPYRIGHT





STATUTE LAW OF THE BAHAMAS [Original Service 2001]

defendant’s defence based on innocent infringement to
lessen actual or statutory damages, with the exception of
actions provided for in Part VII.

29. (1) Whenever a sound recording protected under
this Act is published in The Bahamas or elsewhere by
authority of the copyright owner, a notice of copyright as
provided by this section may be placed publicly distributed
phonorecords of the sound recording.

(2) If a notice appears on the phonorecords, it shall
consist of following three elements —

(a) the symbol (the letter P in a circle);
(b) the year of first publication of the sound

recording; and
(c) the name of the owner of copyright in the sound

recording, or an abbreviation by which the name
can be recognised, or a generally known
alternative designation of the owner; and if the
producer of the sound recording is named on the
phonorecord labels or containers, and no other
name appears in conjunction with the notice, the
producer’s name shall be considered a part of
the notice.

(3) The notice shall be placed on the surface of the
phonorecord, or on the phonorecord label or container, in
such manner and location as to give reasonable notice of
the claim of copyright.

(4) If a notice of copyright in the form and position
specified by this section appears on the published
phonorecord or phonorecords to which a defendant in a
copyright infringement action had access, then no weight
shall be given to such defendant’s defence based on
innocent infringement to lessen actual or statutory
damages, except as provided for in Part VII.

30. Subsection (4) of section 28 and subsection (4)
of section 29 shall apply to works published in copies or
phonorecords consisting predominantly of one or more
works of The Bahamas Government as well as those
portions of the copies or phonorecords embodying any
other works protected under this Act.

31. A separate contribution to a collective work may
bear its own notice of copyright, as provided by sections 28,
29 and 30; however, a single notice applicable to the


Notice copyright:
phonorecords of
sound
recordings.

Publications
incorporating
Bahamas
Government
works.

Notice of
copyright:
contributions to
collective works.

COPYRIGHT [CH.323 – 33


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[Original Service 2001] STATUTE LAW OF THE BAHAMAS

collective work as a whole is sufficient to invoke the
provisions of subsection (4) of section 28 and subsection
(4) of section 29, as applicable with respect to the separate
contributions it contains (not including advertisements
inserted on behalf of persons other than the owner of
copyright in the collective work), regardless of the
ownership of copyright in contributions and whether or not
they have been previously published.

32. (1) Except as provided by subsection (3), and
subject to the provisions of subsection (5), the owner of
copyright or of the exclusive right of publication in a work
published in The Bahamas shall deposit, within three
months after the date of such publication —

(a) two complete copies of the best edition; or
(b) if the work is a sound recording, two complete

phonorecords of the best edition, together with
any printed or other visually perceptible material
published with such phonorecords,

but neither the deposit requirement of this subsection nor
the acquisition provisions of subsection (4) are conditions
of copyright protection.

(2) The required copies or phonorecords shall be
deposited in the Registry for the use or disposition of the
Department of Archives and the Registrar shall, when
requested by the depositor and upon payment of the fee
prescribed by section 95, issue a receipt for the deposit.

(3) The Minister may, by regulation, exempt any
categories of material from the deposit requirement of this
section, or require deposit of only one copy or phonorecord
with respect to any categories; such regulations shall
provide either for complete exemption from requirement of
this section, or for alternative forms of aimed at providing
a satisfactory archival record of a work imposing practical
or financial hardships on the depositor, where the
individual author is the owner of copyright in an artistic
work and —

(a) less than five copies of the work have been
published; or

(b) the work has been published in a limited edition
consisting of numbered copies, the monetary
value of which would make the mandatory
deposit of two copies of the best edition of the
work burdensome, unfair, or unreasonable.

Deposit of copies
or phonorecords
for the
Department of
Archives.

CH.323 – 34] COPYRIGHT





STATUTE LAW OF THE BAHAMAS [Original Service 2001]

(4) At any time after publication of a work as
provided by subsection (1), the Registrar may make written
demand for the deposit on any person obligated to make
the deposit under subsection (1) and unless the deposit is
made within three months the demand is received, the
person on whom the demand was is liable —

(a) to a fine of not more than two hundred and fifty
dollars for each work;

(b) to pay into a specifically designed fund in the
Treasury the total retail price of the copies or
phonorecords demanded, or, if no retail price
has been fixed, the reasonable cost of the
Registry acquiring them; and

(c) to pay a fine of not more than two thousand
dollars, in addition to any fine or liability
imposed under paragraphs (a) and (b), if such
person wilfully or repeatedly fails or refuses to
comply with such a demand.

(5) With respect to transmission programmes that
have been (fixed and transmitted to the public in The
Bahamas but have not been published, the Minister may,
after consulting with the Registrar and other interested
organizations and officials, establish regulations governing
the acquisition, through deposit or otherwise, of copies or
phonorecords of such programmes for the collection of the
Department of Archives, and —

(a) the Registrar shall be permitted, under the
standards and conditions set forth in such
regulations, to make a fixation of a transmission
programme directly from a transmission to the
public and to reproduce one copy or
phonorecord for such fixation for archival
purposes;

(b) such regulation shall also provide standards and
procedures by which the Registrar may make
written demand upon the owner of the right of
transmission in The Bahamas for the deposit of a
copy or phonorecord of a specific transmission
programme; such deposit may, at the option of the
owner of the right of transmission in The
Bahamas, be accomplished by gift or loan for
purposes of reproduction; the regulations
established under this subsection shall provide
reasonable periods of not less than three months
for compliance with a demand, and shall allow for


COPYRIGHT [CH.323 – 35


––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
[Original Service 2001] STATUTE LAW OF THE BAHAMAS

extensions of such periods and adjustments in
the scope of the demand or the methods for
fulfilling it; as reasonably warranted by the
circumstances; and wilful failure or refusal to
comply with the conditions prescribed by such
regulations shall subject the owner of the right
of transmission in The Bahamas to liability for
an amount, not to exceed the cost of reproducing
and supplying the copy or phonorecord in
question, to be paid into the Consolidated Fund;

(c) nothing in this subsection shall be construed to
require the making or retention, for purposes of
deposit, of any copy or phonorecord of an
unpublished transmission programme, the
transmission of which occurs before the receipt
of a specific written demand as provided by
paragraph (b);

(d) no activity undertaken in compliance with
regulations prescribed under paragraph (a) or (b)
shall result in liability if intended solely to assist
in the acquisition of copies or phonorecords
under this subsection.

33. (1) At any time during the subsistence of any
copyright which was secured before the appointed day and
during the subsistence of any copyright secured on or after
the appointed day, the owner of copyright or of any
exclusive right in the work may obtain registration of the
copyright claim by delivering to the Registry the deposit
specified by this section, together with the application and
fee specified by 34 and 95; and such registration shall not
be a condition of copyright protection.

(2) Except as provided by subsection (3), the
material deposited for registration shall include —

(a) in the case of an unpublished work, one
complete copy or phonorecord;

(b) in the case of a published work, two copies or
phonorecords of the best edition;

(c) in the case of a work first published outside The
Bahamas, one complete copy or phonorecord as
so published;

(d) in the case of a contribution to a collective work,
one complete copy or phonorecord of the best
edition of the collective work,

Copyright
registration in
general.

CH.323 – 36] COPYRIGHT





STATUTE LAW OF THE BAHAMAS [Original Service 2001]

and copies or phonorecords deposited for the Department
of Archives under section 32 may be used to satisfy the
deposit provisions of this section, if they are accompanied
by the prescribed application and fee, and by any
additional identifying material that the Minister may by
regulation, require; the Minister may also prescribe
regulations establishing requirements under which copies
or phonorecords acquired for Department of Archives
under subsection (4) of section 32 otherwise than by
deposit, may be used to satisfy the deposit provisions of
section.

(3) The Minister may specify by regulation the
administrative classes into which works are to be placed
for purposes of deposit registration, and the nature of the
copies or phonorecords to be deposited in the various
classes specified; the regulations may require permit, for
particular classes, the deposit of identifying materials
instead of copies or phonorecords, the deposit of only one
copy or phonorecord where two would normally be
required, or a single registration for a group of related
works; and this administrative classification of works has
no significance with respect to the category of eligible
works or the exclusive rights provided by this Act.

(4) Without prejudice to the general authority
provided under subsection (3), the Minister may establish
regulations specifically permitting a single registration for
a group of works by the same individual author, all first
published as contributions to periodicals, including
newspapers, within a twelve month period, on the basis of
a single deposit, application, and registration fee, under the
following conditions —

(a) if the deposit consists of one copy of the entire
issue of the periodical, or the entire section in
the case of the entire issue of the periodical or of
the entire section in the case of a newspaper, in
which each contribution was published; and

(b) if the application identifies each work
separately, including the periodical containing it
and its date of first publication.

(5) The Minister may also establish, by regulation,
formal procedures for the filing of an application for
supplementary registration, to correct an error in a
copyright registration or to amplify the information given
in a registration; such application shall be accompanied by


COPYRIGHT [CH.323 – 37


––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
[Original Service 2001] STATUTE LAW OF THE BAHAMAS

the fee prescribed by section 95 and shall clearly identify
the registration to be corrected or amplified. The
information contained in a supplementary registration
augments but does not supersede that contained in the
earlier registration.

(6) Registration for the first published edition of a
work previously registered in unpublished form may be
made even though the work as published is substantially
the same as the unpublished version.

34. The application for copyright registration shall
be made on a form prescribed by the Minister and shall
include —

(a) the name and address of the claimant;
(b) in the case of a work other than an anonymous

or pseudonymous work, the name and
nationality or domicile of the author or authors,
and, if one or more of the authors is dead, the
dates of their deaths;

(c) if the work is anonymous or pseudonymous the
nationality of the authors;

(d) in the case of a work made for hire, a statement
to this effect;

(e) if the copyright claimant is not the author, a
brief statement of how the claimant obtained
ownership of the copyright;

(f) the title of the work, together with any previous
or alternative titles under which the work can be
identified;

(g) the year in which creation of the work was
completed;

(h) if the work has been published, the date and
country of its first publication;

(i) in the case of a compilation or derivative work,
an identification of any pre-existing work or
works that it is based on or incorporates and a
brief general statement of the additional material
covered by the copyright claim being registered;

(j) any other information regarded by the Minister
as being relative to the preparation or
identification of the work or the existence,
ownership or duration of the copyright.

Application for
copyright
registration.

CH.323 – 38] COPYRIGHT





STATUTE LAW OF THE BAHAMAS [Original Service 2001]

35. (1) When, after examination, the Registrar
determines that, in accordance with provisions of this Act,
the material constitutes copyrightable subject matter and
that the other legal and formal requirements of this Act
have been met, the Registrar shall register the claim and
issue to the applicant a certificate of registration under the
seal of the Registry; and the certificate shall contain the
information given in the application, together with the
number and effective date of registration.

(2) In any case in which the Registrar determines
that, in accordance the provisions of this Act, the material
deposited does not constitute copyrightable subject matter
or that the claim is invalid for any other reason, the
Registrar shall refuse registration and shall notify the
applicant in writing of the reasons for such refusal.

(3) In any judicial proceedings the certificate of a
registration made before or within five years after first
publication of the work shall constitute prima facie
evidence of the validity of the copyright and of the facts
stated in the certificate and the evidentiary weight to be
accorded the certificate of a registration made thereafter
shall be within the discretion of the court.

(4) The effective date of a copyright registration is
the day on which application, deposit, and fee, are
delivered to the Registrar.

36. (1) Where the deposit application and fee
required for registration have been delivered to the
Registrar in proper form and registration has been refused,
the applicant in an action for infringement of the copyright
work may serve notice thereof with a copy of the
complaint on the Registrar, and the Registrar may become
a party to the action with respect to the issue of
registrability of the copyright claim by entering an
appearance within sixty days after such notice, but the
Registrar’s failure to become a party shall not deprive the
court to determine that issue.

(2) In the case of a work consisting of sounds,
images, or both, the first fixation of which is made
simultaneously with its transmission, the copyright owner
may, either before or after such fixation takes place,
institute an action for infringement under section 40, fully
subject to the remedies provided by section 41 and 42, if,
in accordance with the requirements that the Minister may
prescribe by regulation, the copyright owner —

Registration of
claim and
issuance of
certificate.

Registration and
infringement
actions.

COPYRIGHT [CH.323 – 39


––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
[Original Service 2001] STATUTE LAW OF THE BAHAMAS

(a) serves notice upon the infringer, not less than
ten or more than thirty days before such fixation,
identifying the work and the specific time and
source of its first transmission and declaring an
intention to secure copyright in the work; and

(b) makes registration for the work, if required by
subsection (1), within three months of its first
transmission.

37. In an action brought for a violation of the rights
of an author under section 11 or an action instituted under
subsection (2) of section 36, or in any other action for
infringement, registration shall not be a prerequisite to such
action.

PART VI
INFRINGEMENT OF RIGHTS

General Provisions
38. In this Part “action” includes a counterclaim and

references to the plaintiff and to the defendant in an action
shall be construed accordingly.

39. This Part shall have effect subject to such
provisions of this Act as may authorize the doing of
specified acts in relation to a protected right.

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

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

(2) Copyright in a work is infringed by a person
who, without the licence of the copyright owner, imports
into The Bahamas for any purpose other than for his
private and domestic use, a copy or phonorecord which he
knows or has reason to believe is an infringing copy or
phonorecord of the work.

Registration not a
prerequisite to
actions for
infringement.

Meaning of
action.

This Part subject
to other
provisions.

Acts infringing
copyright.

CH.323 – 40] COPYRIGHT





STATUTE LAW OF THE BAHAMAS [Original Service 2001]

(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 rents or offers or exposes for sale or rent;
(c) displays in public or distributes in the course of

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

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

a copy or phonorecord which is, and which he knows or
has reason to believe is, an infringing copy or phonorecord
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 The Bahamas;
(c) possesses in the course of a business; or
(d) sells or rents or offers for sale or rent,

a machine or device specifically designed or adapted for
reproducing copies or phonorecords of that work, knowing
or having reason to believe that it is to be used to make
infringing copies or phonorecords.

(5) Copyright in a work is infringed by a person
who, without the licence of the copyright owner, transmits
the work, knowing or having reason to believe that
infringing copies or phonorecords of the work will be made
by means of the reception of the transmission in The
Bahamas or elsewhere.

(6) Where the copyright in a literary, dramatic,
choreographic 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 so 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 performance of
the work in public by means of a machine or device for
performing sound recording or motion pictures and other
audiovisual works, or receiving visual images or sounds
conveyed by electronic means, the persons specified in
subsection (8) are also liable for the infringement.

COPYRIGHT [CH.323 – 41


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[Original Service 2001] STATUTE LAW OF THE BAHAMAS

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

substantial part of it, if when he supplied the
apparatus or part —

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

(ii) in the case of a machine or device whose
normal use involves a public performance
he did not believe on reasonable grounds
that it would not be so used as to infringe
copyright;

(b) an occupier of premises who gave permission
for the machine or device to be brought onto the
premises, if when he gave permission he knew
or had reason to believe that the machine or
device was likely to be so used as to infringe
copyright;

(c) a person who supplied copies or phonorecords
used to infringe copyright, if when he supplied it
he knew or had reason to believe that what he
supplied or a reproduction of such copy or
phonorecord, was likely to be so used as to
infringe copyright.

Remedies for Copyright Owner
41. (1) An infringement of copyright shall be

actionable at the suit of the copyright owner; and subject to
the provision of this section, any action for such
infringement all such relief by way of damages,
injunctions, accounts or otherwise, shall be available to the
plaintiff as is available in respect of the infringement of
other proprietary rights.

(2) Except as otherwise provided by this Act, an
infringer of copyright is liable for either —

(a) the copyright owner’s actual damages and any
additional profits of the infringer, as provided in
subsection (3)(a); or

(b) statutory damages, as provided in subsection
(3)(b).

Action owner of
copyright.

CH.323 – 42] COPYRIGHT





STATUTE LAW OF THE BAHAMAS [Original Service 2001]

(3) The damages referred to in subsection (2) are as
follows —

(a) the copyright owner is entitled to recover the
actual damages suffered by him as a result of the
infringement, and any profits of the infringer
that are attributable to the infringement and not
taken into account in computing the actual
damages; and in establishing the infringer’s
profits, the copyright owner is required to
present proof only of the infringer’s gross
revenue, and the infringer is required to prove
his deductible expenses and the elements of
profit attributable to factors other than the
copyright work;

(b) except as provided by paragraph (c), the
copyright owner may elect, at any time before
final judgment is rendered, to recover, instead of
actual damages and profits, an award of
statutory damages for all infringements involved
in the action, with respect to any one work, for
which any one infringer is liable individually, or
for which any two or more infringers are liable
jointly and severally, in a sum of not less than
one thousand dollars or not more than twenty
thousand dollars as the court considers just; and
for the purposes of this subsection, all the parts
of a compilation or derivative work constitute
one work;

(c) in a case where the copyright owner sustains the
burden of proof and the court finds that
infringement was committed wilfully, the court
in its discretion may increase the award of
statutory damages to a sum of not more than
fifty thousand dollars; and in a case where the
infringer sustains the burden of proof and the
court finds that such infringer was not aware and
had no reason to believe that his acts constituted
an infringement of copyright, the court in its
discretion may reduce the award of statutory
damages to a sum of not less than five hundred
dollars;

(d) the court shall remit statutory damages in any
case where an infringer believed that his use of
the copyright work was a fair dealing under
section 60, if the infringer was an employee or


COPYRIGHT [CH.323 – 43


––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
[Original Service 2001] STATUTE LAW OF THE BAHAMAS

agent of a non-profit educational establishment,
public library, or Department of Archives acting
within the scope of his employment who, or
such institution, library, or archives itself which,
infringed by reproducing the work in copies or
phonorecords.

(4) Where in an action for infringement of copyright
it is shown that at the time of the infringement the
defendant did not know and had no reason to believe that
copyright subsisted in the work to which the action relates,
then, the plaintiff is not entitled to statutory damages
against him, but without prejudice to any other remedy.

(5) In any civil action under this Act; the court in its
discretion may allow the recovery of full costs by or
against any party other than by or against the Government
or any officer thereof.

(6) In any civil action under this Act, the court in its
discretion may award reasonable counsel and attorney’s fee
to the prevailing party as part of the cost granted by the
court under subsection (5).

42. (1) Subject to the provisions of this section and
subsection (5) of section 44, where a person —

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

(b) has in his possession, custody or control a
machine or device specifically designed or
adapted for reproducing copies or phonorecords
of a particular protected work, knowing or
having reason to believe that it has been or is
being used to make infringing copies or
phonorecords,

the copyright owner may apply to the court for an order
that the copy, phonorecord, machine or device be delivered
up to or to such other person as the court may direct.

(2) An application under subsection (1) shall not be
made after the end of the period specified in subsection (1)
of section 122; order shall be made unless the court also
makes, or it appears to the court that there are grounds for
making an order under section 121 for the disposal of the
infringing copy, phonorecord, machine or device, as the
case may be.

Order for
delivery up in
civil proceedings.

CH.323 – 44] COPYRIGHT





STATUTE LAW OF THE BAHAMAS [Original Service 2001]

Remedies of Exclusive Licensee
43. An exclusive licensee has, except as against the

copyright owner, the same rights and remedies in respect
of matters occurring after the grant of the licence as if the
licence had been an assignment.

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

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

(3) Where an action for infringement of copyright is
brought by the copyright owner or by an exclusive
licensee, and the action relates (wholly or partly) to an
infringement in respect of which they have concurrent
rights of action, the copyright owner or the exclusive
licensee, as the case may be, shall not be entitled, except
with the leave of the court, to proceed with the action,
unless the other party is either joined as a plaintiff in the
action or added as a defendant; but this section 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 for any costs in the action unless he takes part in the
proceedings.

(5) A copyright owner shall notify any licensee
having concurrent rights before applying under section 42
for an order for the delivery up of infringing copies or
phonorecords of a work, and the court may, on the
application of the licensee, having regard to the terms of
the licence, make such order under section 42 as he thinks
fit.

Infringement of Moral Rights and Related Rights
45. (1) Subject to subsection (2), the right conferred

by section 11 is infringed by any person who fails to
identify the author of a work whenever any action specified
in that section occurs in relation to that work.

Infringement of
rights of
exclusive
licensee.

Infringement
where rights
concurrent.

Infringement of
right to be
identified as the
author.

COPYRIGHT [CH.323 – 45


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[Original Service 2001] STATUTE LAW OF THE BAHAMAS

(2) The following acts shall not constitute an
infringement of the right conferred by section 11 in relation
to a work to the extent that such acts are permitted under
Part VII in relation to the work —

(a) fair dealing with the work for the purposes of
criticism, review or the reporting of current
events;

(b) the incidental inclusion of the work in copies or
phonorecords;

(c) the use of the work for examination purposes;
(d) acts done for the purposes of Parliamentary or

judicial proceedings or proceedings of statutory
inquiry;

(e) acts permitted in relation to anonymous or
pseudonymous works on the assumption that
copyright in the work has expired or that the
author is dead.

46. (1) The right conferred on an author of visual art
by section 12 to object to derogatory treatment of his work
is infringed where acts described in subsection (2) are done
in relation to that work; and for the purposes of this Part,
“derogatory treatment” has the same meaning as that
specified in subsection (4) of section 12.

(2) In the case of a work of visual art, the right is
infringed by a person who —

(a) publishes or displays publicly a derogatory
treatment of the work; or

(b) intentionally or through gross negligence
destroys a protected work of visual art of
recognised stature.

47. The right conferred by section 12 is also
infringed by a person who —

(a) possesses in the course of a business;
(b) sells or lets for hire or offers or exposes for sale

or hire;
(c) in the course of business, displays publicly or

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

business, so as to affect prejudicially the honour
or reputation of the author;

Infringement of
right to object to
derogatory
treatment of
work.

Infringement by
possession of
infringing work
of visual art.

CH.323 – 46] COPYRIGHT





STATUTE LAW OF THE BAHAMAS [Original Service 2001]

a work of visual art which is, and which he knows or has
reason to believe is an infringing copy.

48. (1) The right conferred by section 12 is not
infringed by any act done for the purpose of —

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

written law,
so, however, that, where the author of a work of visual art
is identified at the time of the relevant act or has previously
been identified in or on published copies, 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 is then identified, appearing along

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

49. (1) Subject to the provisions of this section, the
right conferred on a person by section 13 not to have a
literary, dramatic, musical, choreographic or artistic work
falsely attributed to him as author or a motion picture or
other audiovisual work falsely attributed to him as director,
is infringed by a person who —

(a) distributes to the public copies or phonorecords
of a work of any of those descriptions in or on
which there is a false attribution;

(b) displays publicly an artistic work or a
reproduction of an artistic work in or on which
there is a false attribution.

(2) The right is also infringed by a person who —
(a) in the case of literary, dramatic choreographic or

musical work, performs the work publicly;
(b) in the case of a motion picture or other

audiovisual work, performs it publicly,
knowing or having reason to believe that the attribution is
false.

(3) The right is also infringed by any person who
distributes to the public or displays publicly any material
containing a false attribution in connection with any act
referred to in subsection (1) or (2).

Acts not
infringing section
12.

False attribution
of work:
infringement of
right.

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[Original Service 2001] STATUTE LAW OF THE BAHAMAS

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

(a) possesses or deals with a copy or phonorecord 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
attribution in or on it,

knowing or having reason to believe that there is an
attribution and that it is false.

(5) In the case of an artistic work, the right is also
infringed by a person who in the course of 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 the 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
references to selling or letting for hire, offering or exposing
for sale or hire, displaying in public or distributing.

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

50. The right conferred by section 14 in relation to a
commissioned photograph or audiovisual work is infringed
by a person who does or authorizes the doing of any act
mentioned in that section in relation to that work; but the
right is not infringed by any act which, pursuant to Part
VII, would not infringe copyright in the work.

51. It is not an infringement of any right conferred
under section 11, 12, 13 or 14 to do any act which the
person entitled to the right has consented pursuant to
section 16 or in respect of which he has given a written
waiver pursuant to subsection (2) of that section.

Infringement of
privacy right
respecting
photographs, etc.

Effect of consent
and waiver of
rights.

CH.323 – 48] COPYRIGHT





STATUTE LAW OF THE BAHAMAS [Original Service 2001]

Remedies for Infringement of Moral Rights and Related
Rights

52. (1) The infringement of a right conferred under
section 11 or 12 is actionable as a breach of statutory duty
owned to the person entitled to the right.

(2) The infringement of a right conferred under
section 13 or 14 is actionable as a breach of statutory duty
owed to a person entitled to the right, if, thirty days after
notification by such person by registered mail, the infringer
has failed to cure the infringement.

(3) Where in any action an infringement of a right
referred to in subsection (1) or (2) is proved or admitted,
the occur may order the defendant to publish such
correction in such terms and in such manner as the court
may direct.

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

(a) reproduces for sale or rent;
(b) in the course of a business sells or rents, offers

or exposes for sale or rent, displays publicly or
distributes;

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

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

a copy or phonorecord which he knows or has reason to
believe is an infringing copy or phonorecord 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 a machine or device designed or adapted for
reproducing copies or phonorecords of that work, knowing
that it is to be used to reproduce infringing copies or
phonorecords for sale or hire or for use in the course of
business, commits an offence.

(3) Any person who causes —
(a) a literary, dramatic, choreographic or musical

work to be performed publicly; or
(b) a sound recording, motion picture or other

audiovisual work to be performed publicly,

Remedies for
infringing moral
rights, etc.

Penalties in
respect of
dealings which
infringe
copyright.

COPYRIGHT [CH.323 – 49


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[Original Service 2001] STATUTE LAW OF THE BAHAMAS

knowing or having reason to believe that copyright subsists
in the work and that the performance constitutes an
infringement of copyright, commits an offence.

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

(a) on summary conviction to a fine of fifty
thousand dollars or to imprisonment for two
years or to both such fine and imprisonment;

(b) on conviction on information to a fine of one
hundred thousand dollars or to imprisonment for
four 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 subsection (1),
shall be liable —

(a) on summary conviction to a fine of twenty-five
thousand dollars or to imprisonment for one year
or to both such fine and imprisonment;

(b) on conviction on information to a fine of fifty
thousand dollars or to imprisonment for two
years or to both such fine and imprisonment.

54. (1) Subject to subsection (2), the court before
which proceedings are brought against a person for an
offence under section 53 may, if it is satisfied that at the
time of his arrest or charge —

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

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

order that the infringing copies or phonorecords or
machine or device be delivery 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 prosecution and may
be made whether or not the person is convicted of the
offence, so however, that the court shall not make an
order —

Order to delivery
up in criminal
proceedings.

CH.323 – 50] COPYRIGHT





STATUTE LAW OF THE BAHAMAS [Original Service 2001]

(a) after the time specified in section 123; or
(b) if it appears to the court unlikely that any order

will be made under this section 122.
(3) An appeal shall lie to the Court of Appeal from

an order made under this section by a Magistrate’s Court.
(4) A person to whom an infringing copy or

phonorecord or machine or device 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 122.

Supplementary
55. For the purpose of this Part, the provisions of

sections 124 and 125 shall apply in respect of the entry and
search of any premises.

56. (1) The owner of the copyright in any published
literary, dramatic, choreographic, artistic or musical work
may give notice in writing to the Comptroller of Customs


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

(b) that he request the Comptroller to treat as
prohibited goods under the Customs
Management Act, during a period specified in
the notice, copies of such work which are
infringing copies.

(2) The period specified in a notice given under
subsection (1) shall not exceed five years and shall not
extend beyond the end of the period for which the
copyright may subsist.

(3) The owner of the copyright in a sound recording
or motion picture or other audiovisual work may give
notice in writing to the Comptroller of Customs —

(a) that he is the owner of the copyright in the work;
(b) that infringing copies or phonorecords of the

work are expected to arrive in The Bahamas at a
time and a place specified in the notice; and

(c) that he requests the Comptroller to treat such
copies or phonorecords as prohibited goods
under the Customs Management Act.

Application of
provisions as to
entry and search.

Provision for
restricting
importation of
infringing
phonorecords or
copies.

Ch. 293.

Ch. 293.

COPYRIGHT [CH.323 – 51


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[Original Service 2001] STATUTE LAW OF THE BAHAMAS

(4) Subject to subsection (5), where a notice has
been given in accordance with this section, the importation
into The Bahamas of goods to which the notice relates is
prohibited; but notwithstanding anything contained in the
Customs Management Act, a person is not liable to any
penalty under that Act other than forfeiture of the goods by
reason that any goods are treated as prohibited goods by
virtue of this section.

(5) The importation of any machine, device, copy or
phonorecord by a person for his private and domestic use is
not prohibited under subsection (4).

(6) A person giving notice under this section shall —
(a) comply with such conditions as the Minister,

after consultation with the Comptroller of
Customs, may by regulation prescribe; and

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

(i) the form of the notice;
(ii) the furnishing of evidence, whether on

giving notice, or on the importation of the
goods, or at both such times;

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

(iv) the giving of security in respect of any
liability or expense which the Comptroller
of Customs may incur in consequence of
the notice by reason of, the detention of
copies, phonorecords, machine, device or
article or anything done to copies,
phonorecords, machine, device or article
detained;

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

(vi) any incidental or supplementary matters,
and the regulations may make different provisions as
respect different classes of cases.

Ch. 293.

CH.323 – 52] COPYRIGHT





STATUTE LAW OF THE BAHAMAS [Original Service 2001]

PART VII
EXCEPTIONS TO INFRINGEMENT OF COPYRIGHT

Preliminary
57. For the purposes of this Part, “sufficient

acknowledgement” 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 agreed or required
that no acknowledgement of him should be
made;

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

General Exceptions
58. (1) Subject to section 60, fair dealing with a

copyright work, including such use by reproduction in
copies or phonorecords for purposes such as research,
private study, scholarship or teaching does not infringe
copyright in the work.

(2) For the purposes of subsection (1), teaching
shall mean instruction at an educational establishment.

59. (1) Subject to section 60, fair dealing with a
protected work —

(a) for purposes of criticism, comment, parody or
review; or

(b) for the purpose of reporting current events,
does not infringe copyright in the work so long as it is
accompanied by sufficient acknowledgement.

(2) No acknowledgement is required in connection
with the reporting of current events by means of a sound
recording or audiovisual work.

60. For the purpose of determining whether an 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;

Definition of
“sufficient
acknowledge-
ment”.

Research and
private study and
teaching.

Criticism, review
and reporting.

Determining fair
dealing.

COPYRIGHT [CH.323 – 53


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[Original Service 2001] STATUTE LAW OF THE BAHAMAS

(b) the amount 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, including
whether such use is of a commercial nature or is
for non-profit educational purposes; and

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

61. Copyright in a work is not infringed —
(a) by its incidental inclusion in copies, phonorecords,

transmission programme; or
(b) by the distribution to the public of copies or

phonorecords or the public performance of
anything whose making was not an infringement
of copyright by virtue of paragraph (a),

and for purposes of this section, a musical work, or so
much of a sound recording, broadcast or transmission
programme as includes a musical work or such words,
shall not be regarded as incidentally included if it is
deliberately included.

Use of Work for Educational Purposes
62. (1) Copyright in a literary, dramatic, musical,

choreographic or artistic work is not infringed by its being
reproduced in the course of instruction or of preparation for
instruction, provided the reproduction is done by a person
giving or receiving instruction and is not by means of a
reprographic process.

(2) Copyright in sound recordings, motion pictures,
and audiovisual works, is not infringed by its being
reproduced in a single copy or phonorecord in the course
of instruction or of preparation for instruction, in the
making of motion pictures or motion picture soundtracks,
provided the reproduction is done by a person giving the
instruction and such copy reproduced is retained by the
department of educational establishment in which the
instruction is being given.

(3) For the purposes of subsection (2), the
educational establishment must be one with an accredited
degree programme in motion pictures.

Incidental
inclusion of
protected work.

Acts done for
purposes of
instruction or
examination.

CH.323 – 54] COPYRIGHT





STATUTE LAW OF THE BAHAMAS [Original Service 2001]

(4) 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.

63. (1) The inclusion in a collective work created
specifically for use in educational establishments of a short
passage from literary, musical or dramatic works published
in copies does not infringe copyright in the work
if —

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

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

(c) the collective work consists mainly of public
domain works; 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 collective works 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 —

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

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

64. The transmission of a performance or display
may be reproduced in a single copy or phonorecord by an
educational establishment for the educational purposes of
that establishment without thereby infringing the copyright
in the work if such performance or display is directly
related to the course content.

65. (1) Subject to the provisions of this section, the
reproduction of copies from published literary, dramatic or
musical works may be made by or on behalf of an
educational establishment for the purposes of instruction

without infringing any copyright in the work.

Collective works
for educational
use.

Fixation of
transmission by
educational
establishment.

Restriction on
reproduction by
educational
establishment.

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[Original Service 2001] STATUTE LAW OF THE BAHAMAS

(2) Not more than five per cent of any work may be
reproduced 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
December.

66. (1) Where a reproduction of a work would be an
infringing copy or phonorecord if the making thereof were
not authorized under section 62, 64 or 65 and such copy or
phonorecord is subsequently dealt with, it shall be treated
as an infringing copy or phonorecord for the purposes of
that dealing as 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
67. (1) In sections 68, 69, 70 and 71, references to a

librarian or archivist shall include references to a person
acting on his behalf.

(2) Regulations made by the Minister may provide
that a librarian or archivist who is, pursuant to sections 68,
69, 70 and 71, required to be satisfied as to a matter before
making or supplying a copy or phonorecord of a work —

(a) is entitled to rely on a declaration as to that
matter signed by the person requesting the copy
or phonorecord, 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 or phonorecord to any
person in the absence of a declaration by that
person.

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

Subsequent
dealings with
authorized copies
or phonorecords.

Interpretation of
references;
regulations.

CH.323 – 56] COPYRIGHT





STATUTE LAW OF THE BAHAMAS [Original Service 2001]

68. (1) The librarian of a prescribed library or the
archivist of a prescribed archive may reproduce a single
copy or phonorecord work or distribute such copy or
phonorecord, if the following conditions are complied
with —

(a) the collections of the library or of the archive are
open to the public, or available not only to
researchers affiliated with the library or archive
or with the institution of which it is a part, but
also to persons doing research in a specialised
field; and

(b) the reproduction or distribution of the work
includes a notice of copyright.

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

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

(b) that persons to whom copies are supplied are
required to pay a sum not less than the cost
(including a contribution to the general expenses
of the library or archive) attributable to their
production.

69. The librarian of a prescribed library or archivist
of a prescribed archive may, if the prescribed conditions
are complied with, reproduce and distribute to another
prescribed library or prescribed archive a single copy or
phonorecord of a published work without infringing any
copyright in the work.

70. (1) The librarian of a prescribed library or
archivist of a prescribed archive may, if the prescribed
conditions are complied with, reproduce a single copy or
phonorecord from any published work in the permanent
collection of the library or archive for the purpose of —

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

(b) replacing in the permanent collection of another
prescribed library or prescribed archive a work
which has been lost, destroyed or damaged,

without infringing the copyright in any work.

Distribution by
librarian of
copies or
phonorecords of
published works.

Supply of copies
and
phonorecords to
other libraries.

Replacing copies
of works.

COPYRIGHT [CH.323 – 57


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[Original Service 2001] STATUTE LAW OF THE BAHAMAS

(2) The prescribed conditions shall include provisions
restricting the reproduction of copies or phonorecords to
cases where it is not reasonably practicable to purchase the
work in question for the purpose.

71. (1) Subject to subsection (2), the librarian of a
prescribed library or archivist of a prescribed archive may,
if the prescribed conditions are complied with, reproduce
and distribute a single copy or phonorecord or a part of a
copy or phonorecord without infringing any copyright in
the work.

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

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

reproduction of the work,
and at the time the reproduction of the copy or
phonorecord, the librarian or archivist ought to have been
aware of that fact.

(3) The prescribed conditions shall include the
following —

(a) that copies and phonorecords are supplied only
to persons satisfying the librarian or archivist
that they require them for purposes of teaching,
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 or phonorecord of the same material;
and

(c) that no person to whom copies are supplied are
required to pay a sum not less than the cost
(including a contribution to the general expenses
of the library or archive) attributable to their
production.

Exceptions relating to Public Administration
72. (1) Copyright in a work is not infringed by

anything done for the purposes of Parliamentary or judicial
proceedings, or, subject to subsection (3), for the purposes
of reporting such proceedings.

Reproduction of
any unpublished
works.

Parliamentary
and judicial
proceedings and
statutory
inquiries.

CH.323 – 58] COPYRIGHT





STATUTE LAW OF THE BAHAMAS [Original Service 2001]

(2) Copyright in a work is not infringed by anything
done 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 reproduction of a work which
is itself a published report of the proceedings.

(4) Copyright in a work is not infringed by the
distribution 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 any written
law.

73. (1) Subject to the provisions of subsections (2)
and (3), the exclusive right to reproduce a copyright artistic
work in copies under section 9 includes the right to
reproduce the work in or on any kind of article, whether
useful or otherwise.

(2) In the case of a work lawfully reproduced in
useful articles that have been offered for sale or other
distribution to the public, copyright does not include the
right to prevent the making, distribution or display of
pictures or photographs of such articles in connection with
advertisements or commentaries related to the distribution
or display of such articles, or in connection with news
reports.

(3) In a case in which —
(a) a work of visual art has been incorporated in or

made part of a building in such a way that
removing the work from the building will cause
the derogatory treatment as described in
subsection (4) of section 12; and

(b) the author consented to the installation of the
work in the building in a written instrument that
is signed by the owner of the building that
specifies that installation of the work may
subject the work to a derogatory treatment by
reason of its removal,

then rights conferred by subsection (1)(a) and (b) of section
12 shall not apply.

Scope of
exclusive right in
artistic works.

COPYRIGHT [CH.323 – 59




LRO 1/2010 STATUTE LAW OF THE BAHAMAS

(4) If the owner of a building wishes to remove a
work of visual art which is a part of such building and
which can be removed from the building without a
derogatory treatment of the work as described in
subsection (4) of section 12, the author’s rights under
subsection (1)(a) and (b) of section 12 shall apply unless


(a) the owner has made a diligent, good faith
attempt without success to notify the author of
the owner’s intended action affecting the work
of visual art; or

(b) the owner did provide such notice in writing
and the person so notified failed, within forty-
two days after receiving such notice, either to
remove the work or to pay for its removal.

(5) For the purposes of subsection (4)(a), the
owner shall be presumed to have made a diligent, good
faith attempt to send notice if the owner sent such notice
by registered mail to the author at the most recent
address of the author that was recorded with the
Registrar pursuant to subsection (7).

(6) If the work is removed at the expense of the
author, title to that copy shall be deemed to be in the
author.

(7) The Registrar shall establish a system of
records whereby any author of a work of visual art that
has been incorporated in, or made part of a building,
may record his identity and address with the Registry;
and the Registrar shall also establish procedures under
which any such author may update the information so
recorded, and procedures under which owners of
buildings may record with the Registry evidence of their
efforts to comply with this subsection.

74. (1) The exclusive rights of the owner of
copyright in a sound recording are limited to the rights
specified in subsection (1)(a), (b) and (c) of section 9
and do not include any right of performance under
subsection (1)(d) of section 9.

(2) The exclusive right of the owner of copyright
in a sound recording under subsection (1)(a) of section 9
is limited to the right to duplicate the sound recording in
the form of phonorecords, or of copies of motion
pictures and other audiovisual works, that directly or

Extent of
exclusive rights in
sound recording.

CH.323 – 60] COPYRIGHT





STATUTE LAW OF THE BAHAMAS LRO 1/2010

indirectly recapture the actual sounds fixed in the
recording.

(3) The exclusive right of the owner of copyright
in a sound recording under subsection (1)(c) of section 9
is limited to the right to prepare a derivative work in
which the actual sounds fixed in a sound recording are
rearranged, remixed, or otherwise altered in sequence or
quality.

(4) The exclusive rights of the owner of copyright
in a sound recording under subsection (1)(a) and (c) of
section 9 do not extend to the making or duplication of
another sound recording that consists entirely of an
independent fixation of other sounds, even though such
sounds imitate or simulate those in a copyright sound
recording.

(5) The exclusive rights of the owner of copyright
in a sound recording under subsection (1)(a), (b) and (c)
of section 9 do not apply to educational programmes on
television or radio which are distributed or transmitted
by or through public broadcasting entities provided that
copies or phonorecords are not commercially distributed
by or through public broadcasting entities to the general
public.

(6) This section does not limit or impair the
exclusive right to perform publicly, by means of a
phonorecord, any of the works specified by subsection
(1)(d) of section 9.

75. Notwithstanding the provisions of section 9,
the following are not infringement of copyright —

(a) performance or display of a work by
instructors or pupils in the course of teaching
activities in an educational establishment, in a
classroom or similar place of instruction,
unless, in the case of a motion picture, or the
display of individual images, the performance
or display of the work was given by means of
a copy that was not lawfully made under this
Act, and that the person responsible for the
performance knew or had reason to believe it
was not lawfully made;

(b) performance of a non-dramatic, literary or
musical work or display of a work, by or in the
course of a transmission, if and to the extent
that —

Exemption of
certain
performances
and displays.

2 of 2004, s. 7.

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LRO 1/2010 STATUTE LAW OF THE BAHAMAS

(i) the performance or display is a regular
part of the systematic instructional
activities of a governmental body or
educational establishment,

(ii) the performance or display is directly
related and is of material assistance to
the teaching content of the transmission,
and

(iii) the transmission is made primarily for —
(A) reception in classrooms or similar

places of instruction, or
(B) reception by persons to whom the

transmission is directed because
their disabilities or other special
circumstances prevent their
attendance in classrooms or similar
places of instruction, or

(C) reception by officers or employees
of governmental bodies as a part of
their official duties or employment;

(c) performance of a non-dramatic literary or
musical work or of a dramatic-musical work of
a religious nature, or display of a work, in the
course of services at a place of worship or
other religious assembly;

(d) performance of a non-dramatic literary or
musical work otherwise than in a transmission
to the public, without any purpose of direct or
indirect commercial advantage and without
payment of any fee or other compensation for
the performance to any of its performers,
promoters or organizers, if —

(i) there is no direct or indirect admission
charge, or

(ii) the proceeds, after deducting the
reasonable costs of producing the
performance, are used exclusively for
educational, religious, or charitable
purposes and not for private financial
gain, except where the copyright owner
has served notice of objection to the
performance under the following condi
tions —
(A) the notice shall be in writing and

signed by the copyright owner or
such owner’s duly authorized agent,

CH.323 – 62] COPYRIGHT





STATUTE LAW OF THE BAHAMAS LRO 1/2010

(B) the notice shall be served on the
person responsible for the
performance at least seven days
before the date of performance, and
shall state the reasons for the
objection, and

(C) the notice shall comply, in form,
content and manner of service, with
requirements that the Minister, after
consultation with the Registrar,
may prescribe by regulation;

(e) communication of a transmission embodying a
performance or display of a work by the public
reception of the transmission on a single
receiving apparatus of a kind commonly used
in private homes, unless —

(i) a direct charge is made to see or hear the
transmission, or

(ii) the transmission thus received is further
transmitted to the public;

(f) performance of non-dramatic literary work, by
or in the course of transmission specifically
designed for and primarily directed to the
blind or other handicapped persons who are
unable to read normal printed material as a
result of their handicap, or deaf or other
handicapped persons who are unable to hear
the aural signals accompanying a transmission
of visual signals, if the performance is made
without any purpose of direct or indirect
commercial advantage and its transmission is
made through the facilities of —

(i) a governmental body, or
(ii) a cable system, or
(iii) a non-commercial educational broadcast

station;
(g) performance on a single occasion of a dramatic

literary work published at least five years before
the date of the performance, by or in the course
of a transmission specifically designed for and
primarily directed to blind or other handicapped


2 of 2004, s. 7.

2 of 2004, s. 7.

COPYRIGHT [CH.323 – 63


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[Original Service 2001] STATUTE LAW OF THE BAHAMAS

persons who are unable to read normal printed
material as a result of the handicap, if the
performance is made without any purpose of
direct or indirect commercial advantage and its
transmission is made through the facilities of a
governmental body.

76. (1) Notwithstanding the provisions of section 9, it
is not an infringement for the owner of a copy of a computer
program to make or authorize the making of another copy or
adaptation of the computer program provided —

(a) that such a new copy or adaptation is created as
an essential step in the utilisation of the computer
program in conjunction with a machine and that it
is used in no other manner; or

(b) that such new copy or adaptation is for archival
purposes only and that all archival copies are
destroyed in the event that continued possession
of the computer program should cease to be
rightful.

(2) Any exact copies prepared in accordance with the
provisions of this section may be sold or otherwise
transferred, along with the copy from which such copies
were prepared, only as part of the sale, or other transfer of
all rights in the program.

(3) Adaptations so prepared may be transferred only
with the authorization of the copyright owner.

77. 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 acknowledgement.

78. (1) The copyright in an architectural work that
has been constructed does not include the right to prevent
the making, distributing or public display of pictures,
paintings, photographs or other pictorial representations of
the work, if the building in which the work is embodied is
located in or is ordinarily visible from a public place.

(2) Notwithstanding the provisions of subsection
(1)(c) of section 9, the owners of a building embodying an
architectural work may, without the consent of the author or
copyright owner of the architectural work, make


Exceptions
relating to
computer
programs.

Reading or
recitation in
public.

Exceptions
relating to
architectural
works.

CH.323 – 64] COPYRIGHT





STATUTE LAW OF THE BAHAMAS [Original Service 2001]

or authorize the making of alterations to such building, and
destroy or authorize the destruction of such building.

79. (1) The copyright in an artistic work does not
include the right to prevent the making, distributing or
public display of pictures, paintings, photographs or other
pictorial representations of the work if the work is located
in or ordinarily visible from a public place.

(2) This section applies to —
(a) buildings;
(b) sculptures, models of buildings and artistic

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

Miscellaneous Exceptions relating to Sound Recordings
80. (1) In the case of non-dramatic musical works,

the exclusive rights provided by section 9(1)(a) and (b) to
make and distribute phonorecords of such works are
subject to compulsory licensing under the conditions
specified by this section.

(2) Where phonorecords of a non-dramatic musical
work has been distributed to the public in The Bahamas
under the authority of the copyright owner, any other
person may obtain a compulsory licence to make and
distribute phonorecords of the work if such person’s
primary purpose in making phonorecords is to distribute
them to the public for private use and that person —

(a) notifies the copyright owner or agency acting on
behalf of the copyright owner of his intention to
obtain a compulsory licence under this section;

(b) pays royalties at the prescribed rate; and
(c) complies with such conditions relating to notice,

method and time of payment, and other matters,
as may be imposed by the copyright owner or an
agency which acts on behalf of the copyright
owner.

(3) A person may not obtain a compulsory licence
for use of the work in the making of phonorecords
duplicating a sound recording fixed by another, unless —

(a) such sound recording was fixed lawfully; and
(b) the making of the phonorecord was authorized

by the owner of copyright in the sound record-
ing.

Exceptions
relating to artistic
works visible
from a public
place.

Compulsory
licence for
making
distributing
phonorecords.

COPYRIGHT [CH.323 – 65


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[Original Service 2001] STATUTE LAW OF THE BAHAMAS

(4) A compulsory licence includes the privilege of
making a musical arrangement of the work to the extent
necessary to conform it to the style or manner of
interpretation of the performance involved, but the
arrangement shall not change the basic melody or
fundamental character of the work, and shall not be subject
to protection as a derivative work under this Act, except
with the express written consent of the copyright owner.

(5) The prescribed rate provided by subsection
(2)(b) shall be payable for every phonorecord made and
distributed in accordance with the licence; and a
phonorecord is considered “distributed” if the person
exercising the compulsory licence has voluntarily and
permanently parted with its possession.

(6) A compulsory licence under this section
includes the right of the maker of a phonorecord of a non-
dramatic musical work under subsection (2) to distribute or
authorize distribution of such phonorecords by sale, loan,
rental or other transfer of ownership.

81. (1) Notwithstanding the provisions of section 9
and except in the case of a motion picture or other
audiovisual work, it is not an infringement of copyright for
a transmitting organization entitled to transmit to the public
a performance or display of a work, under a licence or
transfer of copyright or under limitations on exclusive
rights in sound recordings specified by subsection (1) of
section 74, to make no more than one copy or phonorecord
of a particular transmission programme embodying the
performance or display, if —

(a) the copy or phonorecord is retained and used
solely by the transmitting organization that made
it, and no further copies or phonorecords are
reproduced from it;

(b) the copy or phonorecord is used solely for the
transmitting organization’s own transmissions
within its local service area, or for purposes of
archival preservation or security; and

(c) unless preserved exclusively for archival
purposes, the copy or phonorecord is destroyed
within six months from the date the transmission
programme was first transmitted to the public.

Exceptions
respecting
ephemeral
recordings.

CH.323 – 66] COPYRIGHT





STATUTE LAW OF THE BAHAMAS [Original Service 2001]

(2) Notwithstanding the provisions of section 9, it is
not an infringement of copyright for a governmental body
or other non-profit organization entitled to transmit a
performance or display of a work, under paragraph (b) of
section 75 or under limitations on exclusive rights in sound
recordings specified by subsection (1) of section 74, to
make no more than five copies or phonorecords of a
particular transmission programme embodying the
performance or display, if —

(a) no further copies or phonorecords are
reproduced from the copies or phonorecords
made under this subsection; and

(b) except for one copy or phonorecord that may be
preserved exclusively for archival purposes, the
copies or phonorecords are destroyed within two
years from the date the transmission programme
was first transmitted to the public.

(3) Notwithstanding the provisions of section 9, it is
not an infringement of copyright for a governmental body
or other non-profit organization to make for distribution no
more than one copy or phonorecord, for each transmitting
organization specified in paragraph (b) of a particular
transmission programme embodying a performance of a
non-dramatic musical work of a religious nature, or of a
sound recording of such a musical work,
if —

(a) there is no direct or indirect charge for making
or distributing any such copies or phonorecords;

(b) none of such copies or phonorecords is used for
any performance other than a single
transmission to the public by a transmitting
organization entitled to transmit to the public a
performance of the work under a licence or
transfer of the copyright; and

(c) except for one copy or phonorecord that may be
preserved exclusively for archival purposes, the
copies or phonorecords are all destroyed within
one year from the date the transmission
programme was first transmitted to the public.

(4) Notwithstanding the provisions of section 9, it is not an
infringement of copyright for a governmental body or any
non-profit organization entitled to transmit a performance
of a work under paragraph (g) of section 75,

COPYRIGHT [CH.323 – 67




LRO 1/2010 STATUTE LAW OF THE BAHAMAS

to make no more than five copies or phonorecords
embodying the performance, or to permit the use of any
copy or phonorecord by any other governmental body or
non-profit organization entitled to transmit a performance
of a work under paragraph (g) of section 75, if —

(a) any such copy or phonorecord is retained and
used solely by the organization that made it, or
by a governmental body or non-profit
organization entitled to transmit a performance
under paragraph (g) of section 75, and no further
copies or phonorecords are reproduced from it;

(b) any such copy or phonorecord is used solely for
transmissions authorized under section 82, or for
purposes of archival preservation or security;
and

(c) the governmental body or non-profit
organization permitting the use of any such copy
or phonorecord by any other governmental body
or other non-profit organization under this
subsection does not make any charge for such
use.

(5) The transmission programme embodied in a
copy or phonorecord made under this section is not subject
to protection as a derivative work under this Act except
with the express written consent of the owners of copyright
in the pre-existing works employed in the programme.

82. Copyright is not infringed by the reproduction or
use by a transmitting organization, for the purpose of
maintaining supervision and control over programmes and
advertisements transmitted by that organization, of copies
or phonorecords of those programmes and advertisements.

83. (1) Where a copyright work is transmitted with
the licence of the copyright owner from a place in The
Bahamas or outside The Bahamas, any person may,
without obtaining the licence of the copyright owner or a
waiver of moral rights from the author, incorporate the
work (by means of the reception of the transmission) in a
cable system:

Provided that —
(a) the person is licensed to operate a cable system

in The Bahamas;
(b) it is a secondary transmission;

Recording
transmissions for
programme
control.

Reception and
re-transmission
of broadcast in
cable system.

2 of 2004, s. 8.

CH.323 – 68] COPYRIGHT





STATUTE LAW OF THE BAHAMAS LRO 1/2010

(c) except as may be required by any applicable
laws or regulations, the transmission programme
in which a copyright work is incorporated is
transmitted without alteration of any kind other
than substitutions made with the written consent
of the primary transmitter; and

(d) the copyright owner shall be entitled to receive
from the person providing the cable service,
equitable remuneration at the prescribed rate in
respect of the transmission,

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

(2) For the purposes of this section “transmission”
means communication and reception over the air and not
encrypted.

(3) For the avoidance of doubt, it is hereby declared
that this section shall not apply to the Internet.

84. The fixing of a transmission in a copy or
phonorecord for private and domestic use solely for the
purpose of enabling it to be viewed or listened to at a more
convenient time is not an infringement of copyright.

85. (1) Subject to the provisions of this section, the
Minister may, by order, provide that the copyright in a
work of the description or category specified in the order is
not infringed where, in relation to such work, such acts as
are specified in the order are done in the circumstances so
specified.

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

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

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

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

2 of 2004, s. 8.

2 of 2004, s. 8.

Fixation for
purposes of time
shifting.

Power of
Minister to
prescribe
exception to
infringement.

COPYRIGHT [CH.323 – 69




LRO 1/2010 STATUTE LAW OF THE BAHAMAS

(3) An order made under subsection (1) shall make
provision for the payment of equitable remuneration to the
copyright owner to be agreed upon by the Minister and the
copyright owner; 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 VIII
THE COPYRIGHT ROYALTY TRIBUNAL
86. (1) There is hereby established for the purpose

of this Act a tribunal to be called the Copyright Royalty
Tribunal.

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

87. (1) The functions of the Tribunal shall be —
(a) to keep under review the prescribed rate of

royalty payable to the copyright owner in
connection with subsection (2)(b) of section 80
so as to —

(i) afford the copyright owner a fair return for
his creative work;

(ii) maximize the availability of creative work
to the public;

(iii) to minimize any disruptive impact on the
structure of the industries involved and on
generally prevailing practices of those
industries;

(b) to make recommendations to the Minister on the
rate of royalties or other payments payable in
respect of the use or presentation in such
national cultural event as he may by order
designate, or any works or performance in which
copyright or other rights subsist;

(c) to receive, allocate and distribute royalties under
paragraph (d) of section 83.

(2) In relation to its functions under paragraph (a) of
subsection (1), the Tribunal may from time to time on its
own initiative and shall, on 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.

Establishment of
Copyright
Royalty
Tribunal.

Tribunal
Schedule.

Jurisdiction of
Tribunal.

CH.323 – 70] COPYRIGHT





STATUTE LAW OF THE BAHAMAS LRO 1/2010

PART IX
THE COPYRIGHT REGISTRY

88. (1) All administrative functions under this Act,
except as otherwise specified, are the responsibility of the
Registrar of Copyrights.

(2) The Registrar of Copyrights shall be a counsel
and attorney of at least five years standing of the Bahamas
Bar appointed by the Governor-General acting in
accordance with the advice of the Judicial and Legal
Services Commission.

(3) The Governor-General, acting in accordance
with the advice of the Judicial and Legal Service
Commission, may appoint a Deputy Registrar of Copyright
who shall assist the Registrar in the discharge of his
functions and who may, subject to the directions of the
Registrar, perform any of the functions of the Registrar.

(4) The appointment of persons under subsections
(2) and (3) shall be made on such terms as to emoluments,
allowances and pensions rights as the Governor-General
may determine and all such emoluments, allowances and
pensions rights shall be made payable out of the
Consolidated Fund by warrant in the usual manner.

(5) The Registry of the Registrar of Copyrights shall
be known as the Copyright Registry.

(6) The Registrar shall act under the general
direction and supervision of the Minister.

(7) The Registrar shall adopt a seal to be used to
authenticate all certified documents issued by the Registry.

(8) The Registrar shall make an annual report to the
Minister of the work and accomplishments of the Registry
during the previous fiscal year.

89. The Minister, after consultation with the
Registrar, may prescribe, by regulations, for the
administration of the functions made the responsibility of
the Registrar under this Act.

90. In any case in which time limits are prescribed
under this Act for the performance of an action in the
Registry, and which the last day of the prescribed period
falls on a Saturday, Sunday, or public holiday or other non-
business day, the action may be taken on the next
succeeding business day, and is effective as of the date
when the period expires.

Organization and
general
responsibilities of
the Copyright
Registry.

Copyright
Registry
regulations.

Effective date of
actions in
Registry.

COPYRIGHT [CH.323 – 71


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[Original Service 2001] STATUTE LAW OF THE BAHAMAS

91. (1) Upon their deposit in the Registry under
sections 32 and 33, all copies, phonorecords, and
identifying material, including those deposited in
connection with claims that have been refused registration,
are the property of the Government.

(2) In the case of published works, all copies,
phonorecords, and identifying materials are available to the
Department of Archives for its collections; and, in the case
of unpublished works, the Department of Archives is
entitled, under regulations that the Minister, after
consultation with the Registrar, may prescribe, to select
any deposits for its collections.

(3) The Registrar is authorized, for specific or
general categories of works, to make a facsimile
reproduction of all or any part of the material deposited
under section 33 and to make such reproduction a part of
the Registry’s records of the registration, before
transferring such material to the Department of Archives as
provided by subsection (2), or before destroying or
otherwise disposing of such material as provided by
subsection (4).

(4) Deposits not selected by the Department of
Archives under subsection (2) or identifying portions or
reproductions of them, shall be retained under the control
of the Registry for the longest period considered
practicable and desirable by the Registrar and after that
period, it is within the discretion of the Registrar to order
their destruction or other disposition; but, in the case of
unpublished works, no deposit shall be knowingly or
intentionally destroyed or otherwise disposed of during its
term of copyright unless a facsimile reproduction of the
entire deposit has been made a part of the Registry’s
records as provided by subsection (3).

(5) The depositor of copies, phonorecords or
identifying material under section 33, or the copyright
owner of record, may request retention, under the control
of the Registry, of one or more of such articles for the full
term of copyright; and the Minister, after consultation with
the Registrar, may prescribe, by regulations, the conditions
under which such requests are to be made and granted and
shall fix the fee to be charged under subsection (1)(h) of
section 95 if the request is granted.

Retention and
disposition of
articles deposited
in Registry.

CH.323 – 72] COPYRIGHT





STATUTE LAW OF THE BAHAMAS [Original Service 2001]

92. (1) The Registrar shall provide and keep in the
Registry records of all deposits, registrations, recordings,
and other actions taken under this Act, and shall prepare
indexes of all such records.

(2) Such records and indexes, as well as the articles
deposited in connection with completed copyright
registrations and retained under the control of the Registry,
shall be open to public inspection.

(3) Upon request and payment of the fee specified
by section 95, the Registry shall make a search of its public
records, indexes, and deposits, and shall furnish a report of
the information they disclose with respect to any particular
deposits, registrations or recorded documents.

93. (1) Copies of any public records kept by the
Registry in accordance with this Act may be obtained upon
request on payment of the fees specified by section 95.

(2) Copies or reproductions of deposited articles
retained, under the control of the Registry shall be
authorized or furnished only under the conditions
prescribed by regulations.

94. (1) The Registrar shall compile and publish at
periodic intervals catalogues of all copyright registrations
and these catalogues shall be divided into parts in
accordance with the various classes of works; and the
Registrar may determine; on the basis of practicability and
usefulness, the form and frequency of publication of each
particular part.

(2) The Registrar shall furnish free of charge upon
request, application forms for copyright registration and
material of general information in connection with the
functions of the Registry.

(3) The Registrar may publish compilations of
information, bibliographies, and other material he
considers to be of value to the public.

(4) All publications of the Registry shall be
furnished to prescribed libraries and, aside from those
furnished free of charge, shall be offered for sale to the
public at prices based on the cost of reproduction and
distribution.

Preparation,
maintenance,
public inspection
and searching of
Registry records.

Registry’s
records.

Registry’s forms
and publications.

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[Original Service 2001] STATUTE LAW OF THE BAHAMAS

95. (1) The following fees shall be paid to the
Registrar —

(a) on filing each application under section 33 for
registration of a copyright claim or for
supplementary registration, including the
issuance of a certificate of registration, $10;

(b) for the issuance of a receipt for a deposit under
section 32, $2;

(c) for the recording, as provided by section 27, of a
transfer of copyright ownership or other
document covering not more than one title, $10;
for additional titles, $10 for each group of not
more than ten titles;

(d) for the recording, under section 10(4), of a
statement revealing the identity of an author of
an anonymous or pseudonymous work, or for
the recording, under section 10(8) of a statement
relating to the death of an author, $10 for a
document covering not more than one title; for
each additional title, $2;

(e) for the issuance, under section 93 of an
additional certificate of registration, $5;

(f) for the issuance of any other certification, $15
for each hour or fraction of an hour consumed
with respect thereto;

(g) for the making and reporting of a search as
provided by section 92, and for any related
services, $20 for each hour or fraction of an hour
consumed with respect thereto; and

(h) for any other special services requiring a
substantial amount of time or expense, such fees
as the Minister, after consultation with the
Registrar, may prescribe on the basis of the cost
of providing the service,

and the Minister, after consultation with the Registrar, may
prescribe fees for preparing copies of Registry’s records,
whether or not such copies are certified, on the basis of the
cost of such preparation.

(2) The Minister may by order vary any fee
prescribed under subsection (1).

Registry’s fees.

CH.323 – 74] COPYRIGHT





STATUTE LAW OF THE BAHAMAS [Original Service 2001]

(3) The fees prescribed by or under this section are
applicable to any work of the Bahamas Government but the
Registrar may waive the requirement of this subsection in
respect of the Government.

(4) All fees received under this section shall be paid
into the Consolidated Fund.

(5) The Registrar may, in accordance with
regulations prescribed by the Minister, refund any sum
paid by mistake or in excess of the fee required under
subsection (1).

96. The Minister, after consultation with the
Registrar, may prescribe standardised forms and
procedures by which, at the time applications covering
certain specified categories of non-dramatic literary works

are submitted for registration under section 33, the
copyright owner may voluntarily grant to the Registry a
licence to reproduce the copyright work by means of
Braille or similar tactile symbols, or by fixation of a
reading of the work in a phonorecord, or both, and to
distribute the resulting copies or phonorecords solely for
the use of the blind and physically handicapped and under
limited conditions to be specified in the standardised
forms.

PART X
RIGHTS IN LIVE PERFORMANCES

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

(a) a performer, requiring his consent to the
exploitation of his performance and

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

(2) The rights conferred by this Part are independent
of —

(a) any copyright in or moral rights relating to any
work used or performed in the performance; and

(b) any other right or obligation arising otherwise
than under this Part.

Reproduction for
use of the blind
and physically
handicapped.

Conferment of
rights in live
performances.

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[Original Service 2001] STATUTE LAW OF THE BAHAMAS

Performer’s Rights
98. A performer’s rights are infringed by a person

who, without his consent —
(a) reproduces in copies or phonorecords otherwise

than for his private or domestic use, the whole or
any substantial part of a qualifying performance;
or

(b) performs publicly the whole or any substantial
part of a qualifying performance.

99. A performer’s rights are infringed by a person
who, without his consent, displays or performs publicly the
whole or any substantial part of a qualifying performance
by means of a copy or phonorecord which was fixed
without the performer’s consent and that person knows or
has reason to believe that it was so fixed.

100. (1) A performer’s rights are infringed by a
person who, without his consent and payment of royalty
(which is to be negotiated by the two parties), uses a copy
or phonorecord of a qualifying performance (whether
authorized or not) for the purpose of preparing a derivative
work of the copy or phonorecord.

(2) In subsection (1), “preparing a derivative work”
means a copy or phonorecord in which the performance is
accompanied by lyrics or music or performances not
contained in the copy or phonorecord in which the
performance was first fixed.

101. (1) A performer’s rights are infringed by a
person who, without his consent —

(a) imports into The Bahamas otherwise than for his
private and domestic use; or

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

a copy or phonorecord of a qualifying performance which
is, and which that person knows or has reason to believe is
an illicit copy or phonorecord.

(2) Where in an action for infringement of performer’s
rights brought by virtue of this section a defendant shows that
the illicit copy or phonorecord was innocently acquired by him
or a predecessor in title of his, the remedy


Consent required
for recording
and/or live
transmission of
live perfor-
mances.

Infringement of
performer’s
rights by use of
copy or
phonorecord
fixed without
consent.

Consent and
royalty required
for preparing a
derivative work
of the
performance.

Infringement of
performer’s
rights by
importing,
possessing etc.
illicit copy or
phonorecord.

CH.323 – 76] COPYRIGHT





STATUTE LAW OF THE BAHAMAS [Original Service 2001]

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 copy or phonorecord did not
know or had no reason to believe that it was an illicit copy
or phonorecord.

Rights of Person Having Recording Rights
102. A person infringes the rights of a person having

recording rights in relation to a live performance who,
without his consent, fixes the whole or substantial part of
the performance otherwise than for his private and
domestic use.

103. (1) A person infringes the rights of a person
having recording rights in relation to a performance who,
without his consent, displays or performs publicly the
whole or any substantial part of the performance by means
of a copy or phonorecord which was, and which that
person knows or has reason to believe was, made without
the appropriate consent.

(2) The reference in subsection (1) to the
“appropriate consent” is to the consent of the person who
at the time consent was given had recording rights in
relation to the performance.

104. (1) A person infringes the rights of a person
having recording rights in relation to a performance who,
without his consent —

(a) imports into The Bahamas otherwise than for his
private and domestic use; or

(b) in the course of business, possesses, sells or lets
for hire, offers or exposes for sale or hire, or
distributes, a copy or phonorecord of the
performance which is, and which that person
knows or has reason to believe is, an illicit copy
or phonorecord.

(2) Where in an action for infringement of performer’s
rights brought by virtue of this section a defendant shows that
the illicit copy or phonorecord was innocently acquired by him
or a predecessor in title of his, the remedy


Consent required
for fixation of
live performance
subject to
exclusive
contract.

Infringement of
recording rights
by use of copy or
phonorecord
fixed without
consent.

Infringement of
recording rights
by importing and
possessing illicit
recording.

COPYRIGHT [CH.323 – 77


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[Original Service 2001] STATUTE LAW OF THE BAHAMAS

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 copy or phonorecord did not
know and had no reason to believe that it was an illicit
copy or phonorecord.

Exceptions to Infringement
105. Notwithstanding the rights in performances

conferred in this Part, any act done in relation to a copy or
phonorecord in circumstances specified hereunder does not
constitute an infringement of the rights.

106. Fair dealing with a copy or phonorecord of a
performance —

(a) for the purpose of criticism or review of that or
another copy or phonorecord of a performance,
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 60 shall, with the necessary
modifications, apply in determining whether or not an act
constitutes fair dealing.

107. The rights conferred by this Part are not
infringed —

(a) by the incidental inclusion in sound recordings,
motion pictures or other audiovisual works, of a
performance or copy or phonorecord thereof;

(b) by anything done in relation to copies or
phonorecords or by the public display or
performance of anything whose marking was not
an infringement of those rights, by virtue of
paragraph (a),

and for the purposes of this section, copies or phonorecords
of a performance so far as it consists of music or words
spoken or sung with music, shall not be regarded as
incidentally included in a sound recording, motion picture
or other audiovisual work if it is deliberately included.

Permitted acts in
relation to
performances.

Fair dealing for
criticism, etc.

Incidental
inclusion of a
performance or
copy or
phonorecord
thereof.

CH.323 – 78] COPYRIGHT





STATUTE LAW OF THE BAHAMAS [Original Service 2001]

108. (1) Whenever a live performance is transmitted
to the public, a reproduction of no more than a single copy
or phonorecord may be made by or on behalf of an
educational establishment without thereby infringing any
of the rights conferred by this Part.

(2) Where a recording which would otherwise be an
illicit copy or phonorecord is reproduced in accordance
with this section but is subsequently dealt with, it shall be
treated as an illicit copy or phonorecord for the purposes of
that dealing and if that dealing infringes any right
conferred by this Part, for all subsequent purposes.

(3) In subsection (2), “dealt with” means sold or let
for hire, or offered or exposed for sale or hire.

109. The rights conferred by this Part are not
infringed by anything done for the purposes of —

(a) Parliamentary or judicial proceedings or the
reporting of such proceedings;

(b) the proceedings of a statutory inquiry or the
reporting of such proceedings held in public.

110. (1) Where a copy or phonorecord of a live
performance has been purchased on terms which, expressly
or impliedly or by virtue of any rule of law, allow the
purchaser to reproduce further copies in connection with
his use of the copy or phonorecord, then, in the absence
any express terms —

(a) prohibiting the transfer of the copy or
phonorecord by the purchaser;

(b) imposing obligations which continue after a
transfer;

(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 copy reproduced by the
purchaser which is not also transferred shall be treated as
an illicit recording for all purposes after the transfer.

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

Reproduction of
transmission by
educational
establishment.

Acts done to
performance or
copy or
phonorecord for
Parliamentary
proceedings.

Transfer of copy
or phonorecord
of performance.

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[Original Service 2001] STATUTE LAW OF THE BAHAMAS

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

(4) This section does not apply in relation to a copy
purchased before the commencement of this Act.

111. The rights conferred by this Part are not
infringed by the reproduction or use by a prescribed
broadcasting organization for the purpose of maintaining
supervision and control over programmes transmitted by
that organization, of copies or phonorecords of those
programmes.

112. (1) Subject to the provision of this section, the
Minister may, by order, provide that the rights conferred by
this Part are not infringed by the doing of such acts in
relation to the live performances as are specified in the
order, where such acts are done in the circumstances so
specified.

(2) The Minister shall not make an order under
subsection (1) unless he is satisfied that the acts specified
in the order —

(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 live performance; and

(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.
Duration and Transmission of Rights in Live Performances:

Consent
113. The rights conferred by this Part continue to

subsist in relation to a performance until the end of the
period of seventy years from the end of the calendar year in
which the live performance takes place.

114. (1) The rights conferred by this Part are not
assignable or transmissible, except to the extent that
performer’s rights are transmissible as provided in this
section.

Recordings for
supervision and
control of
programmes.

Order excepting
acts from
infringing right
under this Part.

Duration of
rights in live
performances.

Transmission of
rights in live
performances.

CH.323 – 80] COPYRIGHT





STATUTE LAW OF THE BAHAMAS [Original Service 2001]

(2) On the death of a person entitled to performer’s
rights —

(a) the rights pass to such person as he may by
testamentary disposition specifically direct; and

(b) if, or to the extent that there is no such direction,
the rights are exercisable by his personal
representative,

and references in this Part to the performer, in the context
of the person having performer’s rights, shall be construed
as 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 others.

(4) Subsections (1), (2) and (3) are without
prejudice to any rights conferred by this Act on a person to
whom has been assigned the benefit of an exclusive
recording contract or licence to fix copies or phonorecords
of a performance.

(5) Any damages recovered by a personal
representative by virtue of this section in respect of an
infringement after a person’s death shall devolve as a part
of his estate as if the right of action had subsisted and been
vested in him immediately before his death.

115. (1) Consent, for the purposes of this Part, shall
be by instrument in writing and may be given in relation to
a specific live performance, a specified description of live
performances, or performances generally; and may relate
to past or future performances.

(2) A person having recording rights in a live
performance is bound by any consent given by a person
through whom he derives his rights under the exclusive
recording contract or licence in question, in the same
manner as if the consent had been given by him.

(3) Where a right conferred by this Part passes to
another person, any consent binding on the person
previously entitled binds the person to whom the right
passes in the same way as if the consent had been given by
him.

Consent.

COPYRIGHT [CH.323 – 81


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[Original Service 2001] STATUTE LAW OF THE BAHAMAS

Remedies for Infringement of Rights in Live Performances
116. 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.

117. (1) Where a person has in his possession,
custody or control, in the course of a business, an illicit
recording of a live performance, a person having
performer’s rights or recording rights under this Part in
relation to the performance may apply to the court for an
order, that the recording be delivered up to him or to such
other person as the court may direct.

(2) An application shall not be made after the end of
the period specified in section 122; and the court shall not
make an order under this section unless it also makes an
order under section 121 for the disposal of the copy or
phonorecord, or it is of the opinion that there are grounds
on which an order under this section could be made.

(3) A person to whom a copy or phonorecord is
delivered up in pursuance of an order under this section
shall, if an order under section 121 is not made, retain it
pending the making of an order, or the decision not to
make an order under that section.

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

Offences
118. (1) A person commits an offence who without

sufficient consent —
(a) reproduces for sale or hire;
(b) imports into The Bahamas otherwise than for his

private and domestic use;
(c) possesses in the course of a business with a view

to doing any act infringing the rights conferred
by this Part;

(d) in the course of a business —
(i) sells or lets for hire;
(ii) offers or exposes for sale or hire; or
(iii) distributes,
a copy or phonorecord which is, and which he knows or
has reason to believe is an illicit copy or phonorecord.

Infringement
actionable as
breach of
statutory duty.

Order for
delivery up of
illicit recordings
in civil
proceedings.

Criminal
liability.

CH.323 – 82] COPYRIGHT





STATUTE LAW OF THE BAHAMAS [Original Service 2001]

(2) A person commits an offence, who causes a
copy or phonorecord of a live performance fixed without
sufficient consent to be displayed or performed publicly
thereby infringing the rights conferred by this Part, if he
knows or has reason to believe that those rights are thereby
infringed.

(3) In subsections (1) and (2), “sufficient consent”
means —

(a) in the case of a qualifying performance that is
not subject to an exclusive recording contract,
the consent 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.

(4) References in this section to persons 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 them.

(5) No offence is committed under subsection (1) or
(2) by the doing of an act which, by virtue of any provision
of this Part, may be done without infringing the rights
conferred by this Part.

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

(a) on summary conviction to a fine of twenty-five
thousand dollars or to imprisonment for one
year;

(b) on conviction on information to a fine of fifty
thousand dollars or to imprisonment for two
years.

119. (1) The court before which proceedings are
brought against a person for an offence under section 118
may, if satisfied that at the time of arrest or charge he had
in his possession, custody or control, in the course of a
business, an illicit recording of a performance, order that it
be delivered up to a person having performer’s 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 made —

Order for
delivery up of
illicit copy or
phonorecord in
criminal
proceedings.

COPYRIGHT [CH.323 – 83


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[Original Service 2001] STATUTE LAW OF THE BAHAMAS

(a) after the end of the period specified in section
122; or

(b) if it appears to the court unlikely that any order
will be made under section 121.

(3) An appeal shall lie to the Court of Appeal from
an order under this section.

(4) A person to whom an illicit copy or phonorecord
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 121.

120. (1) It is an offence for a person, without written
authorization, to represent falsely that he is authorized by
any person to give consent for the purposes of this Part in
relation to a performance.

(2) A person who is guilty of an offence under this
section is liable on summary conviction to a fine of twenty-
five thousand dollars or to imprisonment for one year or to
both such fine and imprisonment.

PART XI
GENERAL

121. (1) An application may be made to the court for —
(a) an order that an infringing copy, phonorecord,

machine or device delivered up in pursuance of
an order made under section 42 or 54 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 copy or phonorecord of a

live performance delivered up in pursuance of
an order under section 117 or 119 shall be —

(i) forfeited to such person having
performer’s rights or recording rights in
relation to the performance as the court
may direct;

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

or
(c) a decision that no order under paragraph (a) or

(b) should be made.

False
representation of
authority to give
consent.

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

CH.323 – 84] COPYRIGHT





STATUTE LAW OF THE BAHAMAS [Original Service 2001]

(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 X, whether other remedies
available in an action for infringement of those
rights would be adequate to compensate the
persons 1entitled to the rights and to protect
their interests.

(3) Provision shall be made by regulations as to the
service of notice on persons having an interest in the
infringing copy or phonorecord, or as the case may be, the
illicit copy or phonorecord 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 any infringing copy or phonorecord, or as the case may
be, an illicit copy or phonorecord, the court shall make
such order as it thinks just and may, in particular, direct
that such copy or phonorecord or illicit copy or
phonorecord 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 phonorecord 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 phonorecord or a recording include


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[Original Service 2001] STATUTE LAW OF THE BAHAMAS

any person in whose favour an order could be made in
respect of the copy, phonorecord or, as the case may be,
recording under this section.

122. (1) Subject to subsection (2), an application for
an order under section 42 or 117 may not be made after the
end of the period of three years from the date on which the
infringing copy or phonorecord or, as the case may be, the
illicit recording in question was made.

(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

discovering the facts entitling him to apply,
an application may be made by him at any time before the
end of the period of three 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.

123. No prosecution for an offence under this Act
shall be commenced after the expiration of six years after
the commission of the offence.

124. (1) Subject to subsection (3) of this section and
section 125, a member of the Police Force of or 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 police officer
authorizing him to —

(a) enter and search any premises or place;
(b) stop, board and search any vessel (other than a

ship of war) or any aircraft (other than a military
aircraft); or

(c) stop and search any vehicle, in which the police
officer 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

(d) seize, remove or detain —
(i) any article which appears to the police

officer to be an infringing copy or an illicit
recording or any other article which
appears to him to be intended for use for
making such copies or recording, and

Period after
which remedy of
delivery up not
available.

Time limited for
prosecution.

Powers of
members of
Police Force.

CH.323 – 86] COPYRIGHT





STATUTE LAW OF THE BAHAMAS [Original Service 2001]

(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 police officer 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;

(c) remove by force any person or thing obstructing
him in the exercise of any power conferred on
him by this Act;

(d) detain any person found in any place which he is
authorized under this section to search until such
place has been searched;

(e) detain any vessel or aircraft which he is
authorized under this section to stop, board and
search, and prevent any person from
approaching or boarding such vessel or aircraft
until it has been searched;

(f) 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 police officer in the
execution 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.

125. (1) No domestic premises shall be entered and
searched pursuant to section 124 unless a magistrate has
issued a warrant under subsection (2).

(2) A magistrate may, if he is satisfied by
information on oath that there is reasonable 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 Police Force not below the rank of Sergeant
to enter and search the premises and such member may call
upon any police officer to assist him in entering and
searching the premises.

Restrictions on
the entry and
search of
domestic
premises.

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[Original Service 2001] STATUTE LAW OF THE BAHAMAS

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

126. (1) Without prejudice to any other written law,
any person who —

(a) wilfully obstructs a member of the Police 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 to a fine of ten thousand
dollars or to imprisonment for one year.

(2) A person who, when required to give
information to a member of the Police Force in the exercise
of his powers or the performance of his duties under this
Act, knowingly gives false or misleading information to
any such member is liable on summary conviction to a fine
of five thousand dollars or to imprisonment for six months.

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

127. Where an offence under this Act committed by
a body corporate is proved to have been committed with
the consent or connivance of, or to be attributable to any
neglect on the part of, any director, manager, 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.

128. (1) If it appears to the Minister that the laws of a
country fail to give adequate protection to Bahamian works
or Bahamian 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


Obstruction of
members of
Police Force.

Offences by
bodies corporate.

Denial of
copyright or
rights in
performance.

CH.323 – 88] COPYRIGHT





STATUTE LAW OF THE BAHAMAS [Original Service 2001]

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 cases as are
specified in the order, that copyright shall not subsist in
works first published, or, as the case may be, that rights in
performances shall not subsist in performances first given,
after a date specified in the order (which may be a date
before the commencement of this Act) if; at the time of the
first publication of those works or the giving of the first
performance, as the case may be, the authors of the works
or the performers were or are —

(a) citizens of that country, not being at that time
persons whose habitual residence is in The
Bahamas or other 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 Bahamian works or Bahamian performances
in consequence of which the order is being made.

(4) This section applies to literary, dramatic,
musical, choreographic, and artistic works, sound
recording and motion pictures and other audiovisual works,
and for the purposes of this section —

“Bahamian performances” means —
(a) performances given by individuals who are

citizens or habitual residents of The
Bahamas; or

(b) performances that take place in The
Bahamas;

“Bahamian works” means —
(a) works created by individuals who are

citizens or habitual residents of The
Bahamas; or

(b) works which are created in The Bahamas.
129. (1) This Act applies to things done on a

Bahamian ship or Bahamian aircraft as it applies to things
done in The Bahamas.

Application to
Bahamian ships
and aircraft.

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LRO 1/2010 STATUTE LAW OF THE BAHAMAS

(2) in this section “Bahamian ship” and “Bahamian
aircraft” means respectively, a ship or aircraft registered in
The Bahamas.

130. This Act binds the Crown.
131. 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.

132. (1) Nothing in the Act shall affect the operation
of any rule of equity relating to breaches in trust or
confidence.

(2) The Performers’ Protection Act is repealed.

133. (1) Where immediately prior to the appointed

day copyright subsists in The Bahamas in any work by
virtue of the former Copyright Act 1, such copyright shall
continue to subsist and the person entitled thereto by virtue
of that Act shall be the owner thereof under and subject to
this Act and in particular —

(a) the duration of such copyright;
(b) the acts comprised within the exclusive rights

attaching to such copyright; and
(c) the effect upon the ownership of such copyright

of any event or transaction occurring or of any
contract or agreement made on or after the
appointed day, shall be governed by this Act.

(2) Where, on the appointed day copyright subsists
in The Bahamas by virtue of subsection (1) of section 19 of
the former Copyright Act 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
actionable by virtue of the conferment of the rights
specified in Part III.


1 Ch. 298 in the 1987 edition of The Statute Law of The Bahamas.

Act binds Crown.

Regulations.

Savings.



2 of 2004, s. 9.

Transitional.

CH.323 – 90] COPYRIGHT





STATUTE LAW OF THE BAHAMAS LRO 1/2010

(4) The right conferred by section 11 to be identified
as the author of a work, and the right conferred by section 12
to object to derogatory treatment of such work, shall not
apply —

(a) in relation to a literary, dramatic, musical,
choreographic or artistic work of which the
author died before the appointed day; or

(b) in relation to motion picture or other audiovisual
work created before the appointed day.

(5) The rights in relation to a literary, dramatic,
musical, choreographic or artistic work existing before the
appointed day do not apply —

(a) where copyright first vested in the author, to
anything which, by virtue of an assignment of
copyright 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 14 in
respect of photographs and audiovisual works does not
apply to photographs or audiovisual works created, before
the appointed day.

(7) Where an act done before the appointed day was
an infringement of copyright but is not an infringement of
copyright under this Act, then, proceedings in respect of
that act may be taken as if this Act had not been passed.

(8) An act done before the appointed day shall not
be an infringement of copyright or right in performances
conferred by this Act if that act would not, but for the
passing of this Act, have constituted an infringement.

(9) Proceedings for infringement of copyright
instituted but not disposed of before the appointed day
shall be disposed of as if this Act had not been passed.

(10) Proceedings under this Act for infringement may
be taken notwithstanding that the alleged infringement
occurred before the appointed day.

COPYRIGHT [CH.323 – 91


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[Original Service 2001] STATUTE LAW OF THE BAHAMAS

SCHEDULE (Section 86)
1. The Tribunal shall consist of the following members —

(a) a person from the artistic community;
(b) a counsel and attorney; and
(c) a public accountant.

2. (1) 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 a period of
three years, but shall be eligible for reappointment.

(2) The Minister shall elect a chairman from among the
members appointed and such chairman shall serve for a term of
one year.

(3) Any vacancy in the Tribunal shall not affect its
powers and shall be filled, for the unexpired term of
appointment, in the same manner as the original appointment
was made.

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;
(b) he is incapacitated by physical or mental illness; or
(c) he is unfit to perform his duties as a member.

5. The chairman and other members of the Tribunal shall
be paid such remuneration (whether by way of honorarium,
salary or fees) as the Minister may determine.

6. The name of all members of the Tribunal as first
constituted and every change in the membership thereof shall be
published in the Gazette.

7. The Minister may appoint a Secretary and such other
staff (whether on a full-time or a part-time basis) as appears to
the Minister to be necessary to assist the Tribunal on such terms
and conditions (including salaries, allowances, other
remuneration and disciplinary control) as the Minister may
determine.

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