Copyright
LAWS OF TRINIDAD AND TOBAGO
L.R.O.
COPYRIGHT ACT
CHAPTeR 82:80
Act
8 of 1997
Amended by
18 of 2000
5 of 2008
Current Authorised Pages
Pages Authorised
(inclusive) by L.R.O.
1–68 ..
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Index of Subsidiary Legislation
Page
Copyright (Customs) Regulations (LN 37/2000) … … … 53
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CHAPTeR 82:80
COPYRIGHT ACT
ARRANGEMENT OF SECTIONS
SeCTION
PART I
PReLImINARY
1. Short title.
2. Act inconsistent with the Constitution.
3. Interpretation.
4. Application.
PART II
COPYRIGHT
5. Copyright and copyright works.
6. Derivative works.
7. Subject matter not protected.
8. Nature of copyright.
9. Private reproduction for personal purposes.
10. Quotation.
11. Reproduction for teaching.
12. Reprographic reproduction by libraries and archives.
13. Reproduction, broadcasting and other communication to the public
for informatory purposes.
14. Reproduction and adaptation of computer programs.
15. Importation for personal purposes.
16. Display of works.
17. Permitted use of artistic works situated in public places.
PART III
mORAL RIGHTS
18. Moral rights.
PART IV
DuRATION OF COPYRIGHT AND mORAL RIGHTS
19. Duration of copyright.
19A. Duration of moral rights of performers.
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PART V
NeIGHBOuRING RIGHTS
(PROTeCTION OF PeRFORmeRS, PRODuCeRS OF SOuND
ReCORDINGS AND BROADCASTING ORGANISATIONS)
20. Neighbouring rights subsisting in performances, sound recordings
and broadcasts.
21. Acts requiring authorisation of performers.
22. Acts requiring authorisation of producers of sound recordings.
23. Equitable remuneration for use of sound recordings.
24. Acts requiring authorisation of broadcasting organisations.
25. Limitations on protection.
PART VI
OWNeRSHIP AND ASSIGNmeNT
26. Original ownership of copyright and neighbouring rights.
27. Original ownership of copyright and neighbouring rights by
international organisations.
28. Assignments and licences.
29. Prospective ownership of author’s rights.
PART VII
CIVIL RemeDIeS
30. Action—definition of.
31. Action by owner of rights for infringement.
32. Action by exclusive licensee for infringement.
32A. Certain infringement actionable by non-exclusive licensee.
33. Exercise of concurrent rights.
34. Secondary infringements.
34A. Measures, remedies and sanctions against acts constituting
infringements of copyright and neighbouring rights.
34B. Abuses in respect of rights management information.
35. Presumption of authorship and of representation of the author.
36. Presumptions relevant to sound recordings, audio-visual works and
computer programs.
ARRANGEMENT OF SECTIONS—Continued
SeCTION
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37. Presumptions relevant to works of the State.
38. Civil remedies for infringement.
39. Wide injunction available to licensing bodies.
40. Withdrawal of privilege against incrimination of self or spouse in
infringement and related proceedings.
PART VIII
OFFeNCeS
41. Penalties in respect of infringing copies of a work, performance,
sound recording or broadcast.
41A. Penalties in respect of unauthorised public performance.
42. Offences by bodies corporate.
43. Time limited for prosecution.
44. Powers of the Magistrate.
45. Powers of police officers.
46. Obstruction of police officers.
47. Power to arrest without warrant.
48. Provision for restricting importation of infringing copies.
PART IX
SPeCIAL JuRISDICTION OF THe COuRT
49. Definitions.
50. Jurisdiction of Court.
51. Procedure in proceedings before the Court.
52. Disputes with licensing bodies.
53. Rights of appeal.
PART X
FINAL PROVISIONS
54. Scope of application of Act.
55. Application of Act in relation to performers, sound recordings
and broadcasts.
56. Act No. 13 of 1985 repealed.
57. Regulations.
58. Savings.
59. Limitation of certain actions.
SeCTION
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CHAPTeR 82:80
COPYRIGHT ACT
An Act to make provision in respect of copyright and
neighbouring rights, in substitution for the Copyright
Act, 1985, and for related purposes.
[1ST OCTOBER 1997]
WhEREAS it is enacted by section 13(1) of the Constitution that an
Act of Parliament to which that section applies may expressly
declare that it shall have effect even though inconsistent with
sections 4 and 5 of the Constitution, and if any Act does so
declare it shall have effect accordingly:
And whereas it is provided in subsection (2) of the said
section 13, that an Act of Parliament to which that section applies
is one the Bill for which has been passed by both houses of
Parliament and at the final vote thereon in each house has been
supported by the votes of not less than three-fifths of all the
members of that house:
And whereas it is necessary and expedient that this Act have
effect even though inconsistent with sections 4 and 5 of the
Constitution:
PART I
PReLImINARY
1. This Act may be cited as the Copyright Act.
2. This Act shall have effect even though inconsistent with
sections 4 and 5 of the Constitution.
3. For the purposes of this Act, the following terms have the
following meaning:
“audio-visual work” is a work that consists of a series of related
images which impart the impression of motion, with or
without accompanying sounds, susceptible of being made
8 of 1997.
Commencement.
[205/1997].
Preamble.
Short title.
Act inconsistent
with the
Constitution.
Interpretation.
[5 of 2008].
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visible, and where accompanied by sounds, susceptible of
being made audible;
“author” is the natural person who has created the work;
“broadcasting” is the communication of a work, a performance
or a sound recording to the public in any country or
territory by wireless transmission, including transmission
by satellite, and “broadcast” and “rebroadcasting” have
corresponding meanings;
“building” is a structure of any kind;
“collective work” is a work created by two or more natural
persons at the initiative and under the direction of a
natural person or legal entity, with the understanding that
it will be published by the latter person or entity under
his or its own name subject to the moral rights of the
contributing natural persons;
“communication to the public” means the transmission to the
public by wire or wireless means, including the making
available to the public of the images or sound or both, of a
work, performance or sound recording, in such a way that
members of the public may access it from a place and at a
time individually chosen by them;
“computer” is an electronic or similar device having information
processing capabilities; and a “computer program” is a set
of instructions expressed in words, codes, schemes or in
any other form, which is capable, when incorporated in a
medium that the computer can read, of causing a computer
to perform or achieve a particular task or result;
“copyright” is the right subsisting under Part II;
“Court” is the high Court;
“electronic retrieval system” is an electronic system—
(a) in which works, performances or broadcasts
may be stored; and
(b) from which a member of the public may cause a
work, performance or broadcast, selected by
him, to be transmitted, by wire or wireless
means, from a place and at a time individually
chosen by him, to receiving equipment under his
control;
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“exclusive licence” is a licence in writing signed by or on behalf
of an owner or prospective owner of copyright or
neighbouring rights, authorising the licensee to the
exclusion of all other persons, including the person granting
the licence, to exercise a right which by virtue of this Act
would (apart from the licence) be exercisable exclusively by
the owner of copyright or neighbouring rights and
“exclusive licensee” shall be construed accordingly;
“future copyright or neighbouring rights” has the meaning
assigned to it under section 29(2);
“general licence” has the meaning assigned to it under section 49;
“infringement” is any act that contravenes any rights protected
under this Act;
“infringing copies” means—
(a) an article, the making of which constitutes
an infringement of the copyright work,
performance, sound recording or
broadcast;
(b) an article, which if it had been imported
or is proposed to be imported into
Trinidad and Tobago and its making in
Trinidad and Tobago would have
constituted an infringement of the
copyright in the work in question or
infringement of neighbouring rights in the
performance, sound recording or
broadcast or a breach of a licence
agreement relating to that work,
performance, sound recording or
broadcast; and
(c) any other copy falling to be treated as an
infringing copy, it not having been made
in accordance with the provisions of
sections 9, 10, 11, 12, 13, and 14;
“licensing body” has the meaning assigned to it under section 49;
“moral rights” are the rights subsisting under Part III;
“neighbouring rights” are the rights subsisting under Part V;
“performers” are singers, musicians, and other persons who sing,
deliver, declaim, play in, or otherwise perform literary and
artistic works and “performance” has a corresponding meaning;
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“photographic work” is the recording of light or other radiation
on any medium on which an image is produced or from
which an image may be produced, irrespective of the
technique (chemical, electronic or other) by which such
recording is made; a still picture extracted from an
audio-visual work shall not be considered a “photographic
work” but a part of the audio-visual work concerned;
“producer” of an audio-visual work, a work of mas or a sound
recording, is the natural person or legal entity by whom the
arrangements necessary for the making of the audio-visual
work, work of mas or sound recording are undertaken;
“prospective owner” has the meaning assigned to it in the
definition of “future copyright or neighbouring rights” in
section 29(2);
“public display” is the showing of the original or a copy
of a work—
(a) directly;
(b) by means of a film, slide, television image or
otherwise on screen;
(c) by means of any other device or process; or
(d) in the case of an audio-visual work, the showing
of individual images nonsequentially,
at a place or places where persons outside the normal circle of
a family and its closest social acquaintances are or can be
present, irrespective of whether they are or can be present at
the same place and time or at different places or times, and
where the work can be displayed without communication to
the public within the meaning of the definition of
“communication to the public”;
“public lending” is the transfer of the possession of the original
or a copy of a work or a sound recording for a limited
period of time for non-profit making purposes, by an
institution, the services of which are available to the public,
such as a public library or archive;
“public performance” is—
(a) in the case of a work other than an audio-visual
work, the recitation, playing, dancing, acting or
otherwise performing the work, either directly
or by means of any device or process;
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(b) in the case of an audio-visual work, the showing
of images in sequence and the making of
accompanying sounds audible; and
(c) in the case of a sound recording, making the
recorded sounds audible,
at a place or at places where persons outside the normal
circle of the family and its closest acquaintances are or can
be present, irrespective of whether they are or can be present
at the same place and time, or at different places or times,
and where the performance can be perceived without the
need for communication to the public within the meaning of
the definition of “communication to the public”;
“published” refers to a work or a sound recording—
(a) copies of which have been made available to
the public in a reasonable quantity for sale,
rental, public lending or for other transfer of the
ownership or the possession of the copies; or
(b) which have been made available to the public by
means of an electronic retrieval system,
provided that, in the case of a work, the making available to
the public took place with the consent of the author or other
owner of copyright, and in the case of a sound recording,
with the consent of the producer of the sound recording or
his successor in title;
“related offence” has the meaning assigned to it under
section 40(1);
“related penalty” has the meaning assigned to it under
section 40(1);
“rental” is the transfer of the possession of the original or a copy
of a work or sound recording for a limited period of time for
profit-making purposes;
“reproduction” is the making of one or more copies of a work or
sound recording in any material form, including any
permanent or temporary storage of the work or sound
recording in electronic form;
“rights management information” means information or numbers
or codes representing information, attached to a copy of a
work, fixed performance, sound recording or fixed
broadcast or appearing in connection with the broadcasting
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or communication to the public, of a work, fixed
performance, sound recording or a broadcast—
(a) identifying the author, work, performer,
performance of a performer, producer of a sound
recording, sound recording, broadcaster, broadcast
or owner of any right protected under this Act; or
(b) about the terms and conditions of use of the work,
performance, sound recording or broadcast;
“sound recording” is any exclusively aural fixation of the sounds
of a performance or of other sounds, regardless of the method
by which the sounds are fixed or the medium in which the
sounds are embodied but does not include a fixation of sounds
and images, such as the sound track of an audio-visual work;
“work” is any literary or artistic work under section 5(1);
“work of applied art” is an artistic creation with utilitarian
functions or incorporated in a useful article, whether made
by hand or produced on an industrial scale;
“work of joint authorship” is a work to the creation of which two
or more authors have contributed, provided the contribution
of each author is not separate from that of the other author
or authors and the work does not qualify as a “collective
work” under the definition of “collective work”;
“work of mas” is an original production intended to be performed by
a person or a group of persons in which an artistic work in the
form of an adornment or image presented by the person or
persons is the primary element of the production, and in which
such adornment or image may be accompanied by words,
music, choreography or other works, regardless of whether the
production is intended to be performed on stage, platform, street
or other venue.
4. (1) This Act shall also apply to works made,
performances given, sound recordings made and broadcasts first
transmitted before the date of the coming into force of this Act,
provided that the term of protection had not expired under the
Copyright Act, 1985 or, in the case of works, under the legislation
of the country of origin of such works, that are to be protected
under an international treaty to which Trinidad and Tobago is party.
(2) This Act shall not affect contracts on works,
performances and broadcasts concluded before the coming into
force of this Act.
Application.
13 of 1985.
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PART II
COPYRIGHT
5. (1) Copyright is a property right which subsists in
literary and artistic works that are original intellectual creations
in the literary and artistic domain, including in particular—
(a) books, pamphlets, articles, computer programs
and other writings;
(b) speeches, lectures, addresses, sermons and other
works of the same nature;
(c) dramatic works, dramatico-musical works,
pantomimes, choreographic works and other
works created for stage productions;
(d) stage productions of works mentioned in
paragraph (c);
(e) musical works, with or without accompanying
words;
(f) audio-visual works;
(g) works of architecture;
(h) works of drawing, painting, sculpture,
engraving, lithography, tapestry and other works
of fine art;
(i) photographic works;
(j) works of applied art;
(k) illustrations, maps, plans, sketches and three-
dimensional works relative to geography,
topography, architecture or science.
(2) Works shall be protected by the sole fact of their
creation and irrespective of their mode or form of expression, as
well as of their content, quality and purpose.
6. (1) The following shall also be protected as works:
(a) translations, adaptations, arrangements and other
transformations or modifications of works;
(b) collections of works and collections of mere
data (databases), whether in machine readable
or other form, provided that such collections are
original by reason of the selection, co-ordination
or arrangement of their contents; and
(c) works of mas.
Copyright and
copyright
works.
Derivative
works.
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(2) The protection of any work referred to in subsection (1)
shall be without prejudice to any protection of a pre-existing work
incorporated in or utilised for the making of such a work.
7. (1) Notwithstanding the provisions of sections 5 and 6,
but subject to subsection (2), no protection shall extend under
this Act to—
(a) any idea, procedure, system, method of
operation, concept, principle, discovery or mere
data, even if expressed, described, explained,
illustrated or embodied in a work;
(b) any official text of a legislative, administrative
or legal nature, as well as any official translation
thereof; or
(c) political speeches and speeches delivered in the
course of legal proceedings.
(2) Collections of texts or speeches referred to in
subsection (1)(b) or (c), whether in machine readable or other
form, shall be protected as works provided that such collections
are original by reason of the selection, co-ordination or
arrangement of their contents.
8. (1) Subject to the provisions of sections 9 to 17, the
owner of copyright shall have the exclusive right to do, authorise,
or prohibit the following acts in relation to the work:
(a) reproduction of the work;
(b) translation of the work;
(c) adaptation, arrangement or other transformation
of the work;
(d) the first public distribution of the original
and each copy of the work by sale, rental
or otherwise;
(e) rental or public lending of the original or a
copy of an audio-visual work, a work embodied
in a sound recording, a computer program, a
database or a musical work in the form of
notation, irrespective of the ownership of the
original or copy concerned;
Subject matter
not protected.
Nature of
copyright.
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(f) importation of copies of the work, even where
the imported copies were made with the
authorisation of the owner of copyright;
(g) public display of the original or a copy of the work;
(h) public performance of the work;
(i) broadcasting of the work; or
(j) communication to the public of the work.
(2) The rights of rental and lending under paragraph (e)
of subsection (1) do not apply to rental or lending of computer
programs where the program itself is not the essential object of
the rental or lending.
9. (1) Notwithstanding the provisions of section 8(1)(a)
and subject to the provisions of subsection (2) the private
reproduction of a published work in a single copy shall be
permitted without the authorisation of the owner of copyright,
where the reproduction is made by a natural person exclusively
for his own personal purposes.
(2) The permission under subsection (1) shall not extend
to reproduction—
(a) of a work of architecture in the form of a
building or other construction;
(b) in the form of reprography of the whole or a
substantial part of a book or of a musical work
in the form of notation;
(c) of the whole or a substantial part of a database;
(d) of a computer program, except as provided in
section 14; or
(e) of any work in cases where reproduction would
conflict with a normal exploitation of the work
or would otherwise unreasonably prejudice the
legitimate interests of the owner of copyright.
10. (1) Notwithstanding the provisions of section 8(1)(a),
the reproduction of a short part of a published work, in the form of
a quotation, shall be permitted without authorisation of the owner
of copyright, provided that the reproduction is compatible with fair
dealing and does not exceed the extent justified by the purpose.
Private
reproduction for
personal
purposes.
Quotation.
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(2) The quotation shall be accompanied by an indication
of its source and the name of the author, if his name appears in
the work from which the quotation is taken.
11. (1) Notwithstanding the provisions of section 8(1)(a),
the following acts shall be permitted without authorisation of the
owner of copyright:
(a) the reproduction of a short part of a published
work for teaching purposes by way of
illustration, in writing or sound or visual
recordings, provided that such reproduction is
compatible with fair dealing and does not
exceed the extent justified by the purpose;
(b) the reprographic reproduction, for face-to-face
teaching in educational institutions the activities
of which do not serve direct or indirect
commercial gain, of published articles, short
works or short extracts from works, to the extent
justified by the purpose, provided that—
(i) the act of reproduction is an isolated one
occurring, if repeated, on separate and
unrelated occasions; and
(ii) there is no collective licence available (that
is, offered by a collective administration
organisation of which the educational
institution is or should be aware) under
which such reproduction can be made.
(2) The source of the work reproduced and the name of
the author shall be indicated as far as practicable on all copies
made under subsection (1).
12. Notwithstanding the provisions of section 8(1)(a), any
library or archive whose activities do not serve direct or indirect
commercial gain may, without the authorisation of the owner of
copyright, make a single copy of the work by reprographic
reproduction—
(a) where the work reproduced is a published
article, other short work or short extract of a
Reproduction
for teaching.
Reprographic
reproduction by
libraries and
archives.
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work, and where the purpose of the reproduction
is to satisfy the request of a natural person,
provided that—
(i) the library or archive is satisfied that the
copy will be used solely for the purpose of
study, scholarship or private research;
(ii) the act of reproduction is an isolated case
occurring, if repeated, on separate and
unrelated occasions; and
(iii) there is no collective licence available
(that is, offered by a collective
administration organisation of which the
library or archive is or should be aware)
under which such copies can be made; or
(b) where the copy is made in order to preserve
and, if necessary replace a copy, or to replace a
copy which has been lost, destroyed or rendered
unusable in the permanent collection of another
similar library or archive, provided that it is
impossible to obtain such a copy under
reasonable conditions, and provided further that
the act of reprographic reproduction is an
isolated case occurring, if repeated, on separate
and unrelated occasions.
13. Notwithstanding the provisions of section 8(1)(a), (i) and
(j), the following acts shall be permitted in respect of a work
without the authorisation of the owner of copyright, subject to the
obligation to indicate the source and the name of the author as
far as practicable:
(a) the reproduction in a newspaper or periodical,
the broadcasting or other communication to the
public of an article published in a newspaper or
periodical on current economic, political or
religious topics or a broadcast work of the same
character; this permission shall not apply where
the owner of copyright has reserved the right to
authorise reproduction, broadcasting or other
communication to the public on the copies
themselves, or in a prominent way in connection
with broadcasting or other communication to
the public of the work;
Reproduction,
broadcasting
and other
communication
to the public for
informatory
purposes.
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(b) for the purpose of reporting current events, the
reproduction and the broadcasting or other
communication to the public of short excerpts of
a work seen or heard in the course of such events,
to the extent justified by the informatory purpose;
(c) the reproduction in a newspaper or periodical,
the broadcasting or other communication to the
public of a lecture, address, sermon or other
work of a similar nature delivered in public, to
the extent justified by the purpose of providing
current information.
14. (1) Notwithstanding section 8(1)(a) and (c), the
reproduction, in a single copy, or the adaptation of a computer
program by the lawful owner of a copy of that computer program
shall be permitted without the authorisation of the owner of
copyright, provided that the copy or adaptation is necessary—
(a) for use of the computer program with a
computer for the purpose and extent for which
the computer program has been obtained; or
(b) for archival purposes and for the replacement of
a lawfully owned copy of the computer program
in the event that the said copy is lost, destroyed
or rendered unusable.
(2) No copy or adaptation of a computer program shall
be used for any purpose other than those specified in
subsection (1), and any such copy or adaptation shall be
destroyed in the event that continued possession of the copy of
the computer program ceases to be lawful.
15. Notwithstanding the provisions of section 8(1)(f), the
importation of not more than three copies of a work by a natural
person for his own personal purposes shall be permitted without
the authorisation of the owner of copyright.
16. Notwithstanding the provisions of section 8(1)(g), the
public display of originals or copies of works shall be permitted
without the authorisation of the owner of copyright, provided
that the display is made other than by means of a film, slide,
Reproduction
and adaptation
of computer
programs.
Importation for
personal
purposes.
Display of
works.
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television image or otherwise on screen or by means of any other
device or process, and provided further that the work has been
published or the original or the copy displayed has been sold,
given away or otherwise transferred to another person by the
owner of copyright or his successor in title.
17. Notwithstanding the provisions of sections 8(1) and 16,
the inclusion of an artistic work in a work, broadcast or
communication to the public shall not be considered an
infringement if the artistic work—
(a) is permanently situated in a public place or in
premises open to the public; or
(b) is included in the work, broadcast or
communication to the public by way only of
background or as incidental to the essential
matters represented.
PART III
mORAL RIGHTS
18. (1) Independently of his copyright, and even where he
is no longer the owner of copyright, the author of a work shall
have the right—
(a) to have his name indicated prominently on the
copies and in connection with any public use of
his work, as far as practicable;
(b) to not have his name indicated on the copies and
in connection with any public use of his work;
(c) to use a pseudonym; or
(d) to object to any distortion, mutilation or other
modification of, or other derogatory action in
relation to his work, which would be prejudicial
to his honour or reputation.
(2) None of the rights mentioned in subsection (1)
shall be transmissible during the life of the author, but the right
to exercise any of those rights shall be transmissible by
testamentary disposition or by operation of law following the
death of the author.
Permitted use of
artistic works
situated in
public places.
Moral rights.
[5 of 2008].
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(3) The author may waive any of the moral rights
mentioned in subsection (1), provided that such a waiver is
in writing and clearly specifies the right or rights waived and
the circumstances in which the waiver applies and provided
further, that any waiver of the right under paragraph (d) of
subsection (1) specifies the nature and extent of the modifications
or other action in respect of which the right is waived, and
following the death of the author, the natural person or legal
entity upon whom or which the moral rights have devolved shall
have the right to waive the said rights.
(4) Independently of his copyright and even where he is
no longer the owner of copyright, the performer shall, as regards
his live aural performances and performances fixed in sound
recordings, have the right—
(a) to claim to be identified as the performer of his
performances, except where omission is dictated
by the manner of the use of the performance; and
(b) to object to any distortion, mutilation or other
modification of his performances that would be
prejudicial to his reputation.
(5) Subsections (2) and (3) apply mutatis mutandis to
the rights granted under subsection (4).
(6) Nothing in this section shall be construed to deprive
the performer of the right to agree by contract, on terms and
conditions more favourable for him in respect of his performance.
PART IV
DuRATION OF COPYRIGHT AND mORAL RIGHTS
19. (1) Subject to the provisions of subsections (2) to (5),
copyright and moral rights of the author shall be protected during
the life of the author and for fifty years after his death.
(2) In the case of a work of joint authorship, copyright
and moral rights shall be protected during the life of the last
surviving author and for fifty years after his death.
Duration of
copyright.
[5 of 2008].
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(3) In the case of a collective work, other than a work of
applied art, and in the case of an audio-visual work, copyright
and moral rights shall be protected for—
(a) seventy-five years from the date on which the
work was first published;
(b) seventy-five years from the date on which the
work was first made available to the public, if
the work has not been published before twenty-
five years after its making; or
(c) one hundred years from the making of the work,
if the work had neither been made available to
the public nor published before twenty-five
years after its making.
(4) In the case of a work published anonymously or under
a pseudonym, copyright and moral rights shall be protected for—
(a) seventy-five years from the date on which the
work was first published;
(b) seventy-five years from the date on which the
work was first made available to the public, if
the work has not been published before twenty-
five years after its making; or
(c) one hundred years from the making of the work,
if the work had neither been made available to
the public nor published before twenty-five
years after its making, provided that where the
author’s identity is revealed or is no longer in
doubt before the expiration of the said period the
provisions of subsection (1) or (2) shall apply, as
the case may be.
(5) In the case of a work of applied art, copyright and
moral rights shall be protected for twenty-five years from the
making of the work.
(6) Every period provided for under the preceding
subsections shall run to the end of the calendar year in which it
would otherwise expire.
19A. The rights under section 18(4) shall be protected until
the end of the fiftieth calendar year following the year in which
the performance was fixed in a sound recording or, in the
absence of such a fixation, from the end of the year in which
the performance took place.
Duration of
moral rights of
performers.
[5 of 2008].
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PART V
NeIGHBOuRING RIGHTS
(PROTeCTION OF PeRFORmeRS, PRODuCeRS OF SOuND
ReCORDINGS AND BROADCASTING ORGANISATIONS)
20. Neighbouring rights are property rights which subsist in
performances, sound recordings and broadcasts.
21. (1) Subject to the provisions of section 25, a performer
shall have the exclusive right to do, authorise or prohibit any of
the following acts:
(a) the broadcasting or other communication to the
public of his performance except where the
broadcasting or the other communication—
(i) is made from a fixation of the
performance, other than a fixation made
under the terms of section 25; or
(ii) is a rebroadcasting made or authorised by
the organisation initially broadcasting the
performance;
(b) the fixation of his unfixed performance; or
(c) the reproduction of a fixation of his
performance in any manner or form;
(d) the distribution to the public, by sale or other
transfer of ownership, of a fixation of his
performance or copies thereof, that have not
already been subject to a distribution authorised
by the performer;
(e) the rental to the public of a fixation of his
performance or copies thereof, for the purposes
of direct or indirect commercial advantage,
irrespective of the ownership of the original or
copy rented; and
(f) the making available to the public of his fixed
performance through an electronic retrieval
system.
(2) Once the performer has authorised the incorporation
of his performance in an audio-visual fixation, the provisions of
subsection (1) shall have no further application.
Neighbouring
rights subsisting
in performances,
sound recordings
and broadcasts.
Acts requiring
authorisation of
performers.
[5 of 2008].
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(3) Nothing in this section shall be construed to deprive
performers of the right to agree by contract on terms and conditions
more favourable for them in respect of their performances.
(4) The rights under this section shall be protected from
the moment in which the performance takes place until the end of
the fiftieth calendar year following the year in which the
performance takes place.
22. (1) Subject to the provisions of section 25, a producer of
a sound recording shall have the exclusive right to do, authorise
or prohibit any of the following acts:
(a) direct or indirect reproduction of the sound
recording in any manner or form;
(b) importation of copies of the sound recording,
even where the imported copies were made with
the authorisation of the producer;
(c) the first public distribution of the original or a
copy of the sound recording by sale or
otherwise;
(d) adaptation or other transformation of the sound
recording;
(e) rental to the public of the original or a copy of
the sound recording, for the purposes of direct
or indirect commercial advantage, irrespective
of the ownership of the original or copy rented;
(f) the making available to the public of the sound
recording through an electronic retrieval system.
(2) The rights under subsection (1) shall be protected
from the publication of the sound recording until the end of the
fiftieth calendar year following the year of publication or, if the
sound recording has not been published, from the fixation of the
sound recording until the end of the fiftieth calendar year
following the year of fixation.
23. (1) If a sound recording published for commercial
purposes, or a reproduction of such sound recording, is used
directly or indirectly for broadcasting or communication to the
public, or is publicly performed, a single equitable remuneration
for the performer and the producer of the sound recording shall
be paid by the user to the producer.
Acts requiring
authorisation of
producers of
sound
recordings.
[5 of 2008].
Equitable
remuneration
for use of sound
recordings.
[5 of 2008].
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(2) The single equitable remuneration paid by the user
to the producer under subsection (1) shall be fixed, in default of
agreement, by the Court.
(3) Unless otherwise agreed between the performer and
the producer, half of the amount received by the producer under
subsection (1) shall be paid by the producer to the performer.
(4) The right to an equitable remuneration under this
section shall subsist from the date of publication of the sound
recording until the end of the fiftieth calendar year following the
year of publication or, if the sound recording has not been
published, from the date of fixation of the sound recording until
the end of the fiftieth calendar year following the year of fixation.
(5) For the purposes of this section, a sound recording
which has been made available to the public through an
electronic retrieval system shall be deemed to have been
published for commercial purposes.
24. (1) Subject to the provisions of section 25, a
broadcasting organisation shall have the exclusive right to do,
authorise or prohibit any of the following acts:
(a) the rebroadcasting of its broadcast;
(b) the communication to the public of its
broadcast;
(c) the fixation of its broadcast;
(d) the reproduction of a fixation of its broadcast.
(2) The rights under this section shall be protected from
the moment when the broadcasting takes place until the end of
the fiftieth calendar year following the year in which the
broadcast first takes place.
25. (1) Sections 21, 22, 23 and 24 shall not apply where the
acts referred to in those sections are related to—
(a) the use by a natural person exclusively for his
own personal purposes;
(b) using short excerpts for reporting current events
to the extent justified by the purpose of
providing current information;
(c) use solely for the purpose of face-to-face
teaching activities or for scientific research;
Acts requiring
authorisation of
broadcasting
organisations.
Limitations on
protection.
[18 of 2000].
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(d) cases where, under Part II, a work can be
used without the authorisation of the owner
of copyright.
(2) The permission under paragraph (a) shall not extend
to reproduction of any performance, sound recording or
broadcast in cases where reproduction would conflict with a
normal exploitation of the performance, sound recording or
broadcast or would otherwise unreasonably prejudice the
legitimate interests of the owner of neighbouring rights.
PART VI
OWNeRSHIP AND ASSIGNmeNT
26. (1) Subject to the provisions of subsections (2) to (5), the
original owner of copyright is the author who has created the work.
(1A) Subject to the provisions of section 25 and
subsections (7) to (9), the original owners of neighbouring
rights in—
(a) a performance, is the performer in the
performance;
(b) a sound recording, is the producer of the sound
recording; and
(c) a broadcast, is the broadcasting organisation.
(2) In respect of a work of joint authorship, the co-
authors shall be the original owners of copyright, but if a work
of joint authorship consists of parts that can be used separately
and the author of each part can be identified, the author of each
part shall be the original owner of copyright in the part that he
has created.
(3) In respect of a collective work, the natural person
or legal entity at the initiative and under the direction of whom
or which the work has been created shall be the original owner
of copyright.
(4) In respect of a work created by an author employed
by a natural person or legal entity in the course of his
employment, the original owner of copyright shall be, unless
provided otherwise by agreement, the employer.
Original
ownership of
copyright and
neighbouring
rights.
[5 of 2008].
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(5) In respect of an audio-visual work or a work of mas,
the original owner of copyright shall be the producer, unless
provided otherwise by agreement.
(6) The authors of the pre-existing works included in or
adapted for the making of an audio-visual work or a work of mas
shall maintain their copyright in their contributions or pre-
existing works, respectively, to the extent that those contributions
or pre-existing works can be the subject of acts covered by their
copyright separately from the audio-visual work or work of mas.
(7) Where a work or a sound recording has been made
by or under the direction or control of the Government and, apart
from this subsection no copyright or neighbouring rights would
subsist in the work or sound recording, then copyright or
neighbouring rights shall subsist therein by virtue of this
subsection and shall belong to the State.
(8) Copyright or neighbouring rights subsisting in a
work or a sound recording which has, with the written consent of
the owner of copyright or neighbouring rights, been first
published in Trinidad and Tobago by or under the direction or
control of the Government shall belong to the State.
(9) Subsections (7) and (8) shall have effect subject to
any agreement whereby it is agreed that copyright or
neighbouring rights in the work or sound recording shall vest in
the owner of copyright or neighbouring rights or some other
person designated in the agreement.
(10) For the purposes of this section the term
“agreement” includes any conditions regulating or applying to
the employment of a person in the service of the State.
27. (1) Where it appears to the President that it is desirable
that this Act should apply in relation to an organisation—
(a) of which two or more countries, or the governments
of two or more countries, are members; or
(b) that is constituted by persons representing two
or more countries, or representing the
governments of two or more countries,
he may by Order declare that organisation to be an international
organisation to which this Act applies.
Original
ownership of
copyright and
neighbouring
rights by
international
organisations.
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(2) An international organisation to which this Act applies
which otherwise does not have, or at some material time otherwise
did not have, the legal capacities of an entity has, and shall be
deemed at all material times to have had, the legal capacities of an
entity for the purpose of holding, dealing with and enforcing
copyright or neighbouring rights and for the purposes of all legal
proceedings relating to such copyright or neighbouring rights.
(3) Where an original literary work, an artistic work, a
sound recording or a broadcast made by, or under the direction or
control of, an international organisation to which this Act applies
in such circumstances that copyright or neighbouring rights
would not, apart from this subsection, subsist in the work, sound
recording or broadcast, then—
(a) copyright shall subsist in the work, and
section 19(3), (5) and (6) shall apply;
(b) neighbouring rights shall subsist in the sound
recording or broadcast and sections 22(2) and
24(2) shall apply; and
(c) the organisation shall be, subject to this Part, the
owner of copyright or neighbouring rights.
(4) Save in so far as other provision is made by this
section, Parts II and V shall apply in relation to copyright or
neighbouring rights respectively which subsist by virtue of this
section in like manner as it applies in relation to copyright or
neighbouring rights subsisting by virtue of those Parts.
28. (1) Copyright and neighbouring rights shall be
transmissible in whole or in part by assignment, by disposition or
by operation of law, as personal or moveable property.
(2) An assignment of copyright or neighbouring rights is
not effective unless it is in writing and signed by or on behalf of
the assignor.
(3) A licence granted by the owner of copyright or
neighbouring rights is binding on every successor in title to his
interest in the copyright or neighbouring rights, except—
(a) a purchaser in good faith for valuable
consideration and without notice (actual or
constructive) of the licence; or
Assignments
and licences.
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(b) a person deriving title from such a purchaser,
and references in this Act, in relation to any
copyright or neighbouring rights, to doing
anything with or without the licence of the
owner of copyright or neighbouring rights, shall
be construed accordingly.
(4) An assignment in whole or in part of any copyright
or neighbouring rights, or a licence to do an act subject to
authorisation by the owner of copyright or neighbouring rights,
shall not include or be deemed to include the assignment or
licence of any other rights not explicitly referred to therein.
(5) An exclusive licensee has the same rights against a
successor in title who is bound by the licence as he has against
the person granting the licence.
29. (1) Where, by an agreement made in relation to future
copyright or neighbouring rights, and signed by or on behalf of
the prospective owner of copyright or neighbouring rights, the
prospective owner purports to assign the future copyright or
neighbouring rights (wholly or partly) to another person, then if,
on the coming into existence of the copyright or neighbouring
rights, the assignee or another person claiming under him would
be entitled as against all other persons to require the copyright or
neighbouring rights to be vested in him, the copyright or
neighbouring rights shall vest in the assignee or his successor in
title by virtue of this subsection.
(2) In this section, “future copyright or neighbouring
rights” means copyright or neighbouring rights which will or
may come into existence in respect of any future work,
performance, sound recording or broadcast, or on the coming into
operation of this Act, or in any future event, and “prospective
owner” shall be construed accordingly, and includes a person
who is prospectively entitled to copyright or neighbouring rights
by virtue of such an agreement as is mentioned in subsection (1).
(3) A licence granted by a prospective owner of
copyright or neighbouring rights is binding on every successor in
Prospective
ownership of
author’s rights.
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title to his interest (or prospective interest) in the right, 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 to doing
anything with or without, the licence of the owner of copyright or
neighbouring rights shall be construed accordingly.
PART VII
CIVIL RemeDIeS
30. For the purposes of this Part, the expression “action”
includes a counterclaim, and reference to the plaintiff and to the
defendant in an action shall be construed accordingly.
31. (1) Subject to this Act, infringements of rights of
the owner of copyright or neighbouring rights shall be
actionable in the Court at the suit of the owner of copyright or
neighbouring rights; and in any action for such an infringement all
such relief by way of damages, injunction, accounts or otherwise
shall be available to the plaintiff as is available in any corresponding
proceedings in respect of infringements of other proprietary rights.
(2) In an action for infringement of rights in respect
of the construction of a building, no injunction or other order
shall be made—
(a) after the construction of the building has begun,
so as to prevent it from being completed; or
(b) so as to require the building, in so far as it has
been constructed, to be demolished.
32. (1) An exclusive licensee has, except against the owner
of copyright or neighbouring rights, the same rights and remedies
in respect of matters occurring after the grant of the licence as if
the licence had been an assignment.
(2) his rights and remedies are concurrent with those of
the owner of copyright or neighbouring rights; and references in
the relevant provisions of this Part to the owner of copyright or
neighbouring rights shall be construed accordingly.
Action—
definition of.
Action by
owner of rights
for
infringement.
Action by
exclusive
licensee for
infringement.
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(3) 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 the owner of copyright or neighbouring rights.
32A. (1) A non-exclusive licensee may bring an action for
infringement of copyright or neighbouring rights where—
(a) the infringement was directly connected to a
prior licensed act of the licensee; and
(b) the licence—
(i) is in writing and is signed by or on behalf
of the owner of the copyright or
neighbouring rights; and
(ii) expressly grants the non-exclusive licensee
a right of action under this section.
(2) In an action brought under this section, the non-
exclusive licensee shall have the same rights and remedies
available to him as the owner of the copyright or neighbouring
rights would have had, had he brought the action.
(3) The rights granted under this section are concurrent
with those of the owner of the copyright.
(4) In an action brought by a non-exclusive licensee by
virtue of this section the defendant may avail himself of the
defence which would have been available to him had the action
been brought by the owner of the copyright or neighbouring rights.
(5) Section 33 shall apply to a non-exclusive licensee
who has a right of action by virtue of this section as it applies to
an exclusive licensee.
(6) In this section a “non-exclusive licensee” means the
holder of a licence authorising the licensee to exercise a right
which remains exercisable by the owner of the copyright or
neighbouring rights.
33. (1) Where an action for infringement of copyright or
neighbouring rights brought by the owner of copyright or
neighbouring rights or an exclusive licensee relates (wholly or
partly) to an infringement in respect of which they have concurrent
rights of action, the owner of copyright or neighbouring rights or,
Certain
infringement
actionable by
non-exclusive
licensee.
[5 of 2008].
Exercise of
concurrent
rights.
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as the case may be, the exclusive licensee may not, without the
leave of the Court, proceed with the action unless the other is either
joined as a plaintiff or added as a defendant.
(2) An owner of copyright or neighbouring rights or
exclusive licensee who is added as a defendant in pursuance of
subsection (1) is not liable for any costs in the action unless he
takes part in the proceedings.
(3) Subsections (1) and (2) do not affect the granting of
interlocutory relief on an application by an owner of copyright
or neighbouring rights or exclusive licensee alone.
(4) Where an action for infringement of copyright or
neighbouring rights is brought which relates (wholly or partly) to
an infringement in respect of which the owner of copyright or
neighbouring rights and an exclusive licensee have or had
concurrent rights of action—
(a) the Court may in assessing damages take into
account—
(i) the terms of the licence; and
(ii) any pecuniary remedy already awarded or
available to either of them in respect of
the infringement;
(b) no account of profits shall be directed if an
award of damages has been made, or an account
of profits has been directed, in favour of the
other of them in respect of the infringement; and
(c) the Court may, if an account of profits is
directed, apportion the profits between them as
the Court considers just, subject to any
agreement between them,
and these provisions apply whether or not the owner of copyright
or neighbouring rights and the exclusive licensee are both parties
to the action.
34. (1) Copyright in a work is infringed by a person who,
without the authorisation of the owner of copyright—
(a) possesses in the course of a business;
(b) sells or lets for hire, or offers or exposes for sale
or hire;
Secondary
infringements.
[5 of 2008].
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(c) in the course of a business exhibits in public or
distributes;
(d) imports into Trinidad and Tobago; or
(e) distributes otherwise than in the course of a
business to such an extent as to affect
prejudicially the owner of copyright,
an article, which is, and which he knows or has reason to believe,
is an infringing copy of a work.
(2) Copyright in a work is infringed by a person who,
without the authorisation of the owner of copyright—
(a) makes;
(b) imports into Trinidad and Tobago;
(c) possesses in the course of a business; or
(d) sells or lets for hire, or offers or exposes for sale
or hire,
an article specifically designed or adapted for making copies of
that work, knowing or having reason to believe that it is to be
used to make infringing copies.
(3) Where copyright in a work is infringed by a performance
at a place of public entertainment, any person who gave permission for
that place to be used for the performance is also liable for the
infringement unless when he gave permission he believed on
reasonable grounds that the performance would not infringe copyright.
(4) In subsection (3), “place of public entertainment”
includes premises which are occupied mainly for other purposes
but are from time to time made available for hire for the purposes
of public entertainment.
(5) Where copyright in a work is infringed by a public
performance of the work, or by the playing or showing of the
work in public, by means of apparatus for showing audio-visual works
or receiving visual images or sounds conveyed by electronic means,
the following persons are also liable for the infringement:
(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
apparatus was likely to be used so as to
infringe copyright; or
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(ii) in the case of apparatus whose normal use
involves a public performance or
showing, 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 apparatus to be brought onto the
premises, if when he gave permission he
knew or had reason to believe that the
apparatus was likely to be so used as to
infringe copyright;
(c) a person who supplied a copy of an audio-visual
work used to infringe copyright, if when he
supplied it he knew or had reason to believe that
what he supplied, or a copy made directly or
indirectly from it, was likely to be so used as to
infringe copyright.
(6) Subsections (1) to (5) shall apply to neighbouring
rights in performances, sound recordings and broadcasts as they
apply to copyright in works.
34A. (1) The following acts shall constitute infringements of
copyright and neighbouring rights:
(a) the manufacture or importation for sale or rental
of any device or means, specifically designed or
adapted to circumvent any device or means
intended to prevent or restrict reproduction of a
work or to impair the quality of copies made
(the latter device or means hereinafter referred
to as “copy-protection or copy-management
device or means”); and
(b) the manufacture or importation for sale or rental
of any device or means that is susceptible to
enable or assist the reception of an encrypted
programme, which is broadcast or otherwise
Measures,
remedies and
sanctions
against acts
constituting
infringements
of copyright
and
neighbouring
rights.
[5 of 2008].
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communicated to the public, including by
satellite, by those who are not entitled to receive
the programme.
(2) Section 38 shall apply to an illicit device or means
mentioned in subsection (1) as it applies to infringing copies.
(3) The owner of copyright in a work shall also be entitled
to damages for infringement provided for by sections 31(1) and
38(1)(d), where—
(a) authorised copies of the work have been made
and offered for sale or rental in an electronic
form combined with a copy-protection or copy-
management device or means, and a device or
means specifically designed or adapted to
circumvent the said device or means is made or
imported for sale or rental; or
(b) the work is authorised for inclusion in an
encrypted programme, broadcast or otherwise
communicated to the public, including by
satellite, and a device or means enabling or
assisting the reception of the programme by those
who are not entitled to receive the programme is
made or imported for sale or rental.
34B. (1) The following acts are infringements of copyright and
neighbouring rights:
(a) the alteration or removal of any electronic rights
management information without authority, from
any work, performance, sound recording, or
broadcast or any copy of such work,
performance, sound recording or broadcast; and
(b) the distribution, importation for distribution,
broadcasting or other communication to the
public, without authority, of any work,
performance, sound recording or broadcast, or
any copy of such work, performance, sound
recording or broadcast by any person who knows
or has reason to believe that electronic rights
management information has been removed from
or altered in such work, performance, sound
recording or broadcast, without authority.
Abuses in
respect of rights
management
information.
[5 of 2008].
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(2) For the purposes of this Part, any copy of a work,
performance, sound recording or broadcast referred to in
subsection (1), constitutes an infringing copy of such work,
performance, sound recording or broadcast.
35. (1) The natural person or legal entity whose name is
indicated as the author in the original or copies of a work shall,
in the absence of proof to the contrary, be presumed to be the
owner of copyright in the work, and this provision shall be
applicable even if the name is a pseudonym, where the
pseudonym leaves no doubt as to the identity of the author.
(2) Where no name purporting to be that of the author
appears on the original or copies of a work but a name purporting
to be that of a publisher appears on copies of the work as first
published, the person whose name so appears shall be presumed,
until the contrary is proved, to be the owner of copyright in the
work as first published.
(3) If the author of the work is dead or the identity of the
author cannot be ascertained by reasonable inquiry, it shall be
presumed, in the absence of evidence to the contrary that—
(a) the work is an original work; and
(b) the plaintiff’s allegation as to what was the first
publication of the work is correct.
36. (1) In proceedings brought by virtue of this Act with
respect to a sound recording, where copies of the recording as
issued to the public bear a label or other mark stating—
(a) that a named person was the producer of the
recording at the date of issue of the copies;
(b) that a named person was a performer in the
recording at the date of issue of the copies; or
(c) that the recording was first published in a
specific year or in a specified country,
the label or mark shall be admissible as evidence of the facts stated
and shall be presumed to be correct until the contrary is proved.
(2) In proceedings brought by virtue of this Act with
respect to an audio-visual work, where copies of the audio-visual
work as issued to the public bear a statement—
(a) that a named person was the author or director
of the audio-visual work;
Presumption of
authorship and
of representation
of the author.
Presumptions
relevant to
sound
recordings,
audio-visual
works and
computer
programs.
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(b) that a named person was the owner of copyright
in the audio-visual work at the date of issue of
the copies; or
(c) that the audio-visual work was first published in
a specific year or in a specified country,
the statement shall be admissible as evidence of the facts stated
and shall be presumed to be correct until the contrary is proved.
(3) In proceedings brought by virtue of this Act with
respect to a computer program, where copies of the program are
issued to the public in electronic form bearing a statement—
(a) that a named person was the owner of copyright
in the program at the date of issue of the
copies; or
(b) that the program was first published in a
specified country or that copies of it were first
issued to the public in electronic form in a
specific year,
the statement shall be admissible as evidence of the facts stated
and shall be presumed to be correct until the contrary is proved.
(4) Subsections (1) to (3) apply equally in proceedings
relating to an infringement alleged to have occurred before the
date on which the copies were issued to the public.
(5) In proceedings brought by virtue of this Act with
respect to an audio-visual work, where the audio-visual work as
shown in a communication to the public bears a statement—
(a) that a named person was the author or director
of the audio-visual work; or
(b) that a named person was the owner of copyright
in the audio-visual work immediately after it
was made,
the statement shall be admissible as evidence of the facts stated
and shall be presumed to be correct until the contrary is proved
and this presumption applies equally in proceedings relating to an
infringement alleged to have occurred before the date on which
the audio-visual work was communicated to the public.
37. In proceedings brought by virtue of this Act with
respect to a work, copyright in which belongs to the State, where
Presumptions
relevant to
works of the
State.
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there appears on printed copies of the work a statement of the
year in which the work was first published commercially, that
statement shall be admissible as evidence of the fact stated
and shall be presumed to be correct in the absence of evidence
to the contrary.
38. (1) The Court shall have the authority—
(a) to grant injunctions to prohibit the committing, or
continuation of committing, of an infringement
of any right protected under this Act;
(b) to order the impounding of copies of works or
sound recordings suspected of being made or
imported without the authorisation of the owner
of any right protected under this Act where the
making or importation of copies is subject to such
authorisation, as well as the impounding of the
packaging of, the implements that could be used
for the making of, and the documents, accounts
or business papers referring to, such copies;
(c) to order the forfeiture and seizure of all copies of
works or sound recordings manufactured,
reproduced, distributed, sold or otherwise used,
intended for use or possessed with intent to use in
contravention of section 8 or 22 and all plates,
moulds, matrices, masters, tapes, film negatives,
or other articles by means of which such copies of
works or sound recordings may be reproduced,
and all electronic, mechanical or other devices for
manufacturing, reproducing, or assembling such
copies of works or sound recordings;
(d) to order that the owner of any right protected
under this Act whose right has been infringed,
be paid by the infringer, damages adequate to
compensate for the injury suffered as a
consequence of the act of infringement, as well
as the payment of expenses caused by the
infringement, including legal costs;
(e) to fix the amount of damages taking into
account the pecuniary and non-pecuniary loss
suffered by the owner of the right;
Civil remedies
for infringement.
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(f) to order an account of the infringer’s profits
attributable to the infringement;
(g) where infringing copies exist, to order the
destruction or other reasonable disposition of
those copies and their packaging outside the
channels of commerce in such a manner as to
avoid harm to the right holder, unless the owner
of the right requests otherwise.
(2) Where the infringer did not know or had no
reasonable reason to know that he was engaged in infringing
activity, the Court may limit damages to the profits of the
infringer attributable to the infringement.
(3) Where there is a danger that implements may be
used to commit or continue to commit acts of infringement, the
Court shall have the authority, whenever and to the extent that it
is reasonable, to order their destruction or other reasonable
disposition outside the channels of commerce in such a manner
as to minimise the risks of further infringements, including
surrender to the owner of the right.
(4) The Court shall not, in respect of the same
infringement, both award the owner of rights damages and
order that he shall be given an account of profits.
(5) The provisions of subsection (1)(g) shall not be
applicable to copies and their packaging which were acquired by
a third party in good faith.
(6) Where there is a danger that acts of infringement
may be continued, the Court shall have the authority to order that
such acts not be committed and the Court shall fix a fine of five
thousand dollars for each day on which the infringement is
continued, which fine shall be paid if the order is not respected.
39. Where, in an action under this Part—
(a) the infringement of copyright or neighbouring
rights is proved or admitted;
(b) the plaintiff is a licensing body; and
(c) the Court, having regard to all material
circumstances, is satisfied that effective relief
would not otherwise be available to the plaintiff,
Wide injunction
available to
licensing bodies.
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the Court may grant an injunction extending to all the protected
works, sound recordings, broadcasts or performances, as the case
may be, of which the plaintiff is the owner of copyright or
neighbouring rights, notwithstanding that the infringement
related to only one or some of the said works, sound recordings,
broadcasts or performances.
40. (1) In this section—
“related offence”, in relation to any proceedings to which
subsection (2) applies, means—
(a) in the case of proceedings within subsection
(3)(a) or (b)—
(i) any offence committed by or in the course
of the infringement to which those
proceedings relate; or
(ii) any offence not within subparagraph (i)
committed in connection with that
infringement, being an offence involving
fraud or dishonesty;
(b) in the case of proceedings within subsection
(3)(c), any offence revealed by the facts on which
the plaintiff relies in those proceedings;
“related penalty”, in relation to any proceedings to which
subsection (2) applies, means—
(a) in the case of proceedings within subsection
(3)(a) or (b), any penalty incurred in respect of
anything done or omitted in connection with the
infringement to which those proceedings relate;
(b) in the case of proceedings within subsection
(3)(c), any penalty incurred in respect of any act
or omission revealed by the facts on which the
plaintiff relies in those proceedings.
(2) In any proceedings to which this subsection applies
a person shall not be excused, by reason that to do so should tend
to expose that person, or his spouse, to proceedings for a related
offence or for the recovery of a related penalty—
(a) from answering any question put to that person
in the first-mentioned proceedings; or
Withdrawal of
privilege against
incrimination of
self or spouse in
infringement
and related
proceedings.
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(b) from complying with any order made in those
proceedings.
(3) Subsection (2) applies to the following civil
proceedings in the Court, namely:
(a) proceedings for infringement of copyright or
neighbouring rights;
(b) proceedings brought to obtain disclosure of
information relating to any infringement of such
rights; and
(c) proceedings brought to prevent any
apprehended infringement of such rights.
(4) Subject to subsection (5), no statement or admission
made by a person—
(a) in answering a question put to him in any
proceedings to which subsection (2) applies; or
(b) in complying with an order made in any such
proceedings,
shall, in proceedings for any related offence or for the recovery
of any related penalty, be admissible in evidence against that
person or (unless they married after the making of the statement
or admission) against the spouse of that person.
(5) Nothing in subsection (4) shall render any statement
or admission made by a person as therein mentioned inadmissible
in evidence against that person in proceedings for perjury or
contempt of Court.
(6) Any reference in this section to civil proceedings in
the Court includes a reference to proceedings on appeal arising
out of those civil proceedings.
PART VIII
OFFeNCeS
41. (1) A person commits an offence who, without the
licence of the copyright owner—
(a) makes for sale or hire;
(b) imports into Trinidad and Tobago otherwise
than for his private and domestic use;
Penalties in
respect of
infringing
copies of a
work,
performance,
sound recording
or broadcast.
[5 of 2008].
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(c) possesses in the course of a business with the
intention of infringing the copyright in the work
or neighbouring rights in the performance,
sound recording or broadcast;
(d) in the course of a business—
(i) sells or lets for hire;
(ii) offers or exposes for sale or hire;
(iii) exhibits in public;
(iv) distributes; or
(e) distributes otherwise than in the course of a
business in excess of three copies of,
an article which is, and which he knows or has reason to believe
is, an infringing copy of a copyright work, performance, sound
recording or broadcast.
(2) A person commits an offence who—
(a) makes an article specifically designed or
adapted for making copies of a particular
copyright work, performance, sound recording
or broadcast; or
(b) has such an article in his possession,
knowing or having reason to believe that it is to be used to make
infringing copies for sale or hire or for use in the course of a business.
(3) A person guilty of an offence under subsections (1)
and (2) is liable on summary conviction to a fine of two hundred
and fifty thousand dollars and imprisonment for ten years.
(4) The Magistrate before whom proceedings are
brought against a person for an offence under this section may, if
satisfied that at the time of his arrest or charge the person had in
his possession, custody or control—
(a) an infringing copy of a copyright work,
performance, sound recording or broadcast in
the case of a business;
(b) an article specifically designed or adapted for
making copies of a particular copyright work,
performance, sound recording or broadcast,
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knowing or having reason to believe that it had been
or was to be used to make infringing copies; or
(c) any apparatus, implements or devices that may
be used to commit or continue to commit an
offence under this Act,
order that the infringing copy, article, apparatus, implements or
devices be destroyed or delivered up to the copyright owner or to
such other person as the Magistrate may direct.
41A. (1) Where copyright or neighbouring rights are infringed
(otherwise than by reception of a broadcast or cable programme)—
(a) by the public performance of a copyright work
or sound recording; or
(b) by the playing or showing in public of a sound
recording or film,
any person who caused the work to be so performed, played or
shown is guilty of an offence if he knew or had reason to believe
that copyright would be infringed.
(2) A person guilty of an offence under subsection (1), is
liable on summary conviction to a fine of two hundred and fifty
thousand dollars and to imprisonment for ten years.
42. Where an offence under this Part 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 commits
an offence and in the case of an officer of such body corporate,
is liable, upon conviction, to a fine of two hundred and fifty
thousand dollars and to imprisonment for ten years and in the
case of the body corporate, is liable upon conviction, to a fine
of two hundred and fifty thousand dollars.
43. No prosecution for an offence under this Act shall be
commenced after the expiration of five years after the
commission of the offence or one year after the discovery
thereof, whatever date last occurs.
Penalties in
respect of
unauthorised
public
performance.
[5 of 2008].
Offences by
bodies
corporate.
[5 of 2008].
Time limited for
prosecution.
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44. (1) For the purposes of any offence under this Part,
where copies suspected of being infringing copies of a work,
performance, sound recording or broadcast have been seized, it
shall be sufficient to examine one per centum or any five copies,
whichever is the lesser and where such examination establishes
that such copies are all infringing copies, it shall be presumed,
until the contrary is proven, that the remaining copies are
infringing copies.
(2) Where a person is convicted of an offence under this
Part the Magistrate shall in imposing a sentence be entitled to
take into consideration the entire number of infringing copies of
a work, performance, sound recording or broadcast seized at the
time of arrest or charge.
45. (1) A police officer not below the rank of Inspector, or a
police officer below the rank of Inspector acting on the authority
of a warrant issued under subsection (4), may—
(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 he reasonably suspects that there are infringing copies
of works, performances, sound recordings or broadcasts in which
copyright or neighbouring rights subsist or any plates, moulds,
matrices, masters, tapes, film negatives, or other articles by
means of which such copies of works, performances, sound
recordings or broadcasts may be reproduced, and all electronic,
mechanical or other devices for manufacturing, reproducing, or
assembling such copies of works, performances, sound
recordings or broadcasts and apparatus, implements and devices
used for transporting or marketing such copies.
(2) A police officer not below the rank of Inspector, or
a police officer below the rank of Inspector acting on the
authority of a warrant issued under subsection (4), may seize,
remove or detain—
(a) any article which appears to him to be an
infringing copy of a work, performance, sound
recording or broadcast in which copyright or
Powers of the
Magistrate.
[5 of 2008].
Powers of police
officers.
[5 of 2008].
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neighbouring rights subsist or any plate, mould,
matrix, master, tape or film negative, or other
article by means of which such copy of a work,
performance, sound recording or broadcast may
be reproduced, and any electronic, mechanical
or other device for manufacturing, reproducing,
or assembling such copy of a work,
performance, sound recording or broadcast;
(b) any apparatus, implements and devices used for
transporting or marketing an article which
appears to him to be an infringing copy of a
work, performance, sound recording or
broadcast; and
(c) anything which appears to him to be or to
contain evidence of an offence under this Act.
(3) A police officer not below the rank of Inspector, or a
police officer below the rank of Inspector acting on the authority
of a warrant issued under subsection (4), may—
(a) break open any outer or inner door of any place
which he is empowered or authorised by this Act
to enter and search;
(b) forcibly board any vessel, aircraft or vehicle
which he is empowered by 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
empowered or authorised by this Act to search
until such place has been searched;
(e) detain any vessel or aircraft which he is
empowered by this Act to stop, board and
search, and prevent any person from
approaching or boarding such vessel or aircraft
until it has been searched; or
(f) detain any vehicle which he is empowered
by this Act to stop and search until it has
been searched.
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(4) A Magistrate may, if he is satisfied by information
on oath that there is reasonable ground for suspecting that there
is in any premises, place, vessel (other than a ship of war),
aircraft (other than a military aircraft) or vehicle, any article
which may be seized, removed or detained under subsection (2),
issue a warrant authorising a police officer below the rank of
Inspector to execute any of the powers vested in him under
subsections (1), (2) and (3).
(5) A warrant issued under subsection (4) may authorise
any person to accompany the police officer executing the
warrant.
(6) A police officer who has reasonable cause to
suspect that—
(i) copies of a work, performance, sound
recording or broadcast found in any
premises or place, vessel, aircraft or
vehicle are infringing copies; and
(ii) any apparatus, implements or devices
found in any premises or place, vessel,
aircraft or vehicle are being used for the
purpose of transporting or marketing
infringing copies,
and that such copies, apparatus, implements or devices appear,
having regard to all the circumstances, to have been abandoned,
may bring such copies, apparatus, implements or devices before
a Magistrate and upon proof that the copies, apparatus,
implements or devices are infringing copies, apparatus,
implements or devices apply for an Order for the destruction of
such copies, apparatus, implements or devices or that such copies
be dealt with as the Magistrate may think fit.
46. (1) Without prejudice to any other written law, any
person who—
(a) wilfully obstructs a police officer 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 police
officer; or
Obstruction of
police officers.
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(c) without reasonable excuse, fails to give such
police officer 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
and to imprisonment for twelve months.
(2) A person who, when required to give information to
a police officer in the exercise of his powers or the performance
of his duties under this Act, knowingly gives false or misleading
information to any such police officer is liable on summary
conviction to a fine of ten thousand dollars and to imprisonment
for twelve months.
(3) Nothing in this section shall be construed as
requiring any person to give any information which may
incriminate him.
47. A police officer may arrest without a warrant any
person who—
(a) has committed or attempted to commit; or
(b) is reasonably suspected of having committed or
having attempted to commit an offence under
this Act if—
(i) he has reasonable grounds for believing that
the person will abscond unless arrested;
(ii) the name and address of the person are
unknown to him and cannot be
ascertained by him; or
(iii) he has reason to believe and believes that
the name and address given by the person
are false.
48. (1) The owner of copyright or neighbouring rights in any
published work or in any published sound recording may give
notice in writing to the Comptroller of Customs and Excise—
(a) that he is the owner of copyright or neighbouring
rights in the work or sound recording;
Power to arrest
without warrant.
Provision for
restricting
importation of
infringing
copies.
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(b) that he requests the Comptroller during the
period specified in the notice to treat as
prohibited goods copies of the work or sound
recording to which this section applies,
but the period specified in a notice under this subsection shall not
exceed five years and shall not extend beyond the end of the
period for which the copyright or neighbouring rights may subsist.
(2) This section applies, in the case of a work or sound
recording, to any copy made outside Trinidad and Tobago which,
if it had been made in Trinidad and Tobago by the importer,
would be an infringing copy of the work or sound recording.
(3) Where a notice has been given under this section in
respect of a work or sound recording, and has not been withdrawn,
the importation into Trinidad and Tobago, at a time before the end
of the period specified in the notice, of any copy of the work or
sound recording to which this section applies shall, subject to the
following provisions of this section, be prohibited, but this
subsection shall not apply to the importation of any article by a
person for his private and domestic use.
(4) The owner of copyright or neighbouring rights in a
work who gives notice to the Comptroller under this section shall
comply with such conditions with respect to—
(a) the form of the notice;
(b) the furnishing of evidence;
(c) the payment of fees;
(d) the giving of security; and
(e) any other incidental or supplementary matters,
as may be prescribed.
(5) Notwithstanding anything in the Customs Act, a
person shall not be 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.
PART IX
SPeCIAL JuRISDICTION OF THe COuRT
49. For the purposes of this Part, the expression “general
licence” means a licence extending to—
(a) the works of several authors;
Ch. 78:01.
Definitions.
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(b) the sound recordings or audio-visual works of
several producers; or
(c) the performances of several performers,
and which does not apply different terms and conditions as between
the several authors, producers or performers, as the case may be;
“licensing body” means any society or organisation which has as
its main object, or one of its main objects, the negotiation or
granting of general licences in respect of protected
works, sound recordings or performances either as the
owner or prospective owner of copyright or neighbouring
rights therein, or as agent for the owners or prospective
owners thereof.
50. Subject to this Act, the Court shall have jurisdiction—
(a) to determine any dispute which may be referred
to it pursuant to section 52; and
(b) to fix the amount of equitable remuneration or
compensation which by any provision of this
Act is required to be fixed by the Court in any
case where there has been no agreement
between a person and the owner of copyright
or neighbouring rights as to the amount of
remuneration or compensation payable in
respect of the use of the work, sound recording,
broadcast or performance.
51. (1) The procedure regulating the making of references
and applications to the Court, and proceedings before the Court
arising out of the jurisdiction conferred on the Court by this Part,
and as to the fees chargeable in respect of those proceedings shall
be prescribed by Rules of Court.
(2) The Court may order that the costs or expenses of
any proceedings before it under this Part which are incurred by
any party shall be paid by any other party and may tax or settle
the amount of any costs or expenses to be paid under any such
order or direct in what manner they are to be taxed.
(3) Where—
(a) the Court makes an order by way of
determination of a dispute referred to it pursuant
Jurisdiction of
Court.
Procedure in
proceedings
before the
Court.
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to section 52, the Court may, in its discretion,
direct that the order shall have effect
retroactively to such date as the Court specifies;
but no order shall have effect from a date prior
to the date on which the dispute was formally
referred to the Court;
(b) the Court fixes an amount of equitable
remuneration or compensation pursuant to
paragraph (b) of section 50, the Court may also
give directions as to the method and time of
payment and may stipulate such other conditions
of payment as it considers reasonable.
52. (1) Where a dispute arises between any person and a
licensing body with respect to—
(a) the refusal of the licensing body to grant to that
person a general licence to which this section
applies; or
(b) the terms and conditions on which the licensing
body is prepared to grant such a licence,
either that person or the licensing body may refer the dispute to
the Court.
(2) This section applies to a general licence authorising
the licensee—
(a) in the case of a work or sound recording, to
make a reproduction, public display, public
performance, broadcast or communication to
the public of the original or copies of the work
or sound recording;
(b) in the case of a performance, to make a fixation
or to broadcast or to communicate to the public
the performance.
(3) For the purposes of this section, a licensing body shall
be deemed to have refused to grant a general licence to a person if
the licensing body has failed, within a reasonable time from the
date when that person has made a written request to the licensing
body for such a licence, to grant a licence or to state in writing the
terms and conditions on which it is prepared to grant the licence.
Disputes with
licensing bodies.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
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L.R.O.
(4) While an order made by the Court by way of
determination of a dispute referred to it pursuant to subsection (1)
remains in force, either party to the dispute may refer the matter
back to the Court for further consideration, but except with the
special leave of the Court—
(a) an order made so as to be in force for not more
than two years from the date it took effect may
not be referred back to the Court under this
subsection;
(b) an order made so as to be in force indefinitely or
for more than two years from the date it took
effect may not be referred back to the Court
before the expiry of twelve months from the
date when the order was made.
53. (1) Except as provided for in subsection (2), the hearing
and determination of any proceedings before the Court in the
exercise of the jurisdiction conferred on it by this Part shall not
be challenged, appealed against, reviewed, quashed or called in
question in any Court on any account whatsoever.
(2) A party to proceedings before the Court by virtue of
the jurisdiction conferred on it by this Part is entitled as of right
to appeal to the Court of Appeal on any of the following grounds,
but no other:
(a) that the Court had no jurisdiction in the matter,
but it shall not be competent for the Court of
Appeal to entertain such ground of appeal,
unless objection to the jurisdiction of the Court
has been formally taken at some time during the
progress of the matter before the making of the
order or award;
(b) that the Court has exceeded its jurisdiction in
the matter;
(c) that the order or award has been obtained by fraud;
(d) that any finding or decision of the Court in any
matter is erroneous in point of law; or
(e) that some other specific illegality not mentioned
above, and substantially affecting the merits of
the matter, has been committed in the course of
the proceedings.
Rights of appeal.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
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50 Chap. 82:80 Copyright
LAWS OF TRINIDAD AND TOBAGO
(3) On the hearing of an appeal in any matter brought
before it under this Act, the Court of Appeal shall have power—
(a) if it appears to the Court of Appeal that a new
hearing should be held, to set aside the order or
award appealed against and order that a new
hearing be held; or
(b) to order a new hearing on any question without
interfering with the finding or decision upon any
other question,
and the Court of Appeal may make such final or other order as
the circumstances of the matter may require.
(4) The Court of Appeal may in any matter brought on
appeal before it dismiss the appeal if it considers that no
substantial miscarriage of justice has actually occurred
notwithstanding that it is of the opinion that any point raised in
the appeal might have been decided in favour of the appellant.
PART X
FINAL PROVISIONS
54. (1) The provisions of this Act concerning the protection
of literary and artistic works shall apply to—
(a) works of authors who are nationals or residents
of, or domiciled in, Trinidad and Tobago;
(b) works first published in Trinidad and Tobago,
and works first published in another country and
also published in Trinidad and Tobago within
thirty days, irrespective of the nationality,
residence or domicile of their authors;
(c) audio-visual works, the producer of which is a
national or resident of, or domiciled in, Trinidad
and Tobago; and
(d) works of architecture erected in Trinidad and
Tobago and other artistic works incorporated in
a building located in Trinidad and Tobago.
(2) The provisions of this Act shall also apply to works
that are protected in Trinidad and Tobago by virtue of and in
accordance with any international convention or other
international agreement to which Trinidad and Tobago is party.
Scope of
application of
Act.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
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55. (1) The provisions of this Act on the protection of
performers shall apply to—
(a) performers who are nationals or residents of, or
domiciled in, Trinidad and Tobago;
(b) performers who are not nationals or residents of,
or domiciled in, Trinidad and Tobago but whose
performances—
(i) take place in the territory of Trinidad and
Tobago;
(ii) are incorporated in sound recordings that
are protected under this Act; or
(iii) have not been fixed in a sound recording
but are included in broadcasts which
qualify for protection under this Act.
(2) The provisions of this Act on the protection of sound
recordings shall apply to—
(a) sound recordings, the producers of which are
nationals or residents of, or domiciled in,
Trinidad and Tobago;
(b) sound recordings in respect of which the first
fixation took place in Trinidad and Tobago; and
(c) sound recordings first published in Trinidad
and Tobago.
(3) The provisions of this Act on the protection of
broadcasts shall apply to—
(a) broadcasts of broadcasting organisations, the
headquarters of which are situated in Trinidad
and Tobago; and
(b) broadcasts transmitted from transmitters
situated in Trinidad and Tobago.
(4) The provisions of this Act shall also apply to
performers, producers of sound recordings and broadcasting
organisations protected by virtue of and in accordance with any
international convention or other international agreement to
which Trinidad and Tobago is party.
56. The Copyright Act 1985, is repealed.
Application of
Act in relation
to performers,
sound
recordings and
broadcasts.
Act No. 13 of
1985 repealed.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
52 Chap. 82:80 Copyright
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57. Except for the matters required to be prescribed by
Rules of Court for the purposes of Part IX, the Minister may
make Regulations prescribing such matters as are required or
permitted by this Act to be prescribed or as are necessary or
convenient to be prescribed for carrying out or giving effect to
the provisions of this Act.
58. (1) Nothing in this Act shall affect the operation of any
rule of equity relating to breaches of trust or confidence or the
provisions of the Protection Against Unfair Competition Act.
(2) Nothing in this Act affects the right of the State, or
any person deriving title from the State, to sell, use or otherwise
deal with articles so seized, impounded or forfeited under the
Customs Act, including any article forfeited by virtue of this Act
or any other written law.
59. Section 3 of the Limitation of Certain Actions Act applies
to an action to recover any sum recoverable under this Act.
Regulations.
Savings.
Ch. 82:36.
Ch. 78:01.
Limitation of
certain actions.
[5 of 2008].
Ch. 7:09.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
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SuBSIDIARY LeGISLATION
COPYRIGHT (CuSTOmS) ReGuLATIONS
ARRANGEMENT OF REGULATIONS
ReGuLATION
1. Citation.
2. Interpretation.
3. Notice to Comptroller.
4. Administrative fee.
5. Evidence in support of notice.
6. Notification of change in particulars.
7. Notification of acceptance or rejection of notice.
8. Security.
9. Release of security.
10. Indemnity.
11. Notice of seizure.
12. Notice of refusal to seize.
13. Inspection of copies and taking of samples.
14. Release of copies seized.
SCHeDuLe.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
[Subsidiary]
54 Chap. 82:80 Copyright
LAWS OF TRINIDAD AND TOBAGO
COPYRIGHT (CuSTOmS) ReGuLATIONS
made under sections 48 and 57
1. These Regulations may be cited as the Copyright
(Customs) Regulations.
2. In these Regulations—
“Act” means the Copyright Act;
“Comptroller” means the Comptroller of Customs and Excise;
“importer” has the meaning assigned to it under section 2 of the
Customs Act.
3. (1) A notice to the Comptroller under section 48(1) of
the Act shall be in the form set out as Form 1 or 2 in the Schedule.
(2) A separate notice in the form set out as Form 1 or 2
shall be given in respect of each published work or sound recording.
(3) A notice in the form set out as Form 1 or 2 shall be
accompanied by a declaration in the form set out as Form 3 in
the Schedule.
4. An administrative fee of forty dollars shall accompany
each separate notice to the Comptroller under regulation 3.
5. (1) A person who has given notice to the Comptroller
under section 48(1) of the Act shall, at the time of giving the notice
or at the time when the work or sound recording is imported or at
both such times, furnish to the Comptroller such evidence and
information in support of the notice, within such time and in such
form as the Comptroller may require, including, wherever possible—
(a) a sufficiently detailed description of the
published work or sound recording in respect of
which copyright or neighbouring rights subsist,
together, where appropriate, with a sample of
such work or sound recording;
(b) a sufficiently detailed description of the manner
in which the copy infringes the copyright or
neighbouring right, together, where possible,
with a sample of such copy;
37/2000.
Citation.
Interpretation.
Ch. 78:01.
Notice to
Comptroller.
Schedule.
Form 1 or 2.
Form 3.
Administrative
fee.
Evidence in
support of
notice.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
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(c) the identity of the importer of the suspected
work or sound recording;
(d) the country or countries of origin of the
suspected work or sound recording;
(e) the country or countries of manufacture of the
suspected work or sound recording;
(f) as far as he is able to state, the identity of each
foreign person or business entity involved in the
manufacture and/or distribution of the suspected
work or sound recording;
(g) the mode of transportation and identity of the
transporter of the suspected work or sound
recording;
(h) the port or ports where it is anticipated that the
suspected work or sound recording will arrive in
Trinidad and Tobago;
(i) the anticipated date or dates of arrival in
Trinidad and Tobago.
(2) Where any such evidence is not furnished as
required by the Comptroller, the notice may be deemed to have
been withdrawn as from the expiry of such time as may be
required by subregulation (1).
6. (1) A person who has given notice under section 48(1) of
the Act shall notify the Comptroller in writing of any change in the
particulars specified in the notice or any subsequent information
furnished to the Comptroller within thirty days of the change.
(2) Where the notice is of a change of ownership of
copyright or neighbouring rights in a work or sound recording to
which section 48(1) of the Act relates, such notice shall, subject
to subregulation (3), remain in force for a period of thirty days
after receipt of the notice by the Comptroller.
(3) A notice under section 48(1) of the Act shall be
deemed to have been withdrawn—
(a) upon the expiration of the period specified in
subregulation (2); or
Notification of
change in
particulars.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
Copyright (Customs) Regulations[Subsidiary]
56 Chap. 82:80 Copyright
LAWS OF TRINIDAD AND TOBAGO
(b) upon the giving of notice under section 48(1) of
the Act by the new owner of copyright or
neighbouring rights in the work or sound
recording,
whichever is earlier.
7. (1) Upon receipt of a notice under section 48(1) of the
Act, the Comptroller shall, within ten days of the receipt, notify,
in writing, the person giving the notice whether the notice
satisfies the requirements of these Regulations or not.
(2) Where the notice satisfies the requirements of these
Regulations the Comptroller shall accept the notice and inform
the person giving the notice of its acceptance.
(3) Where the notice does not satisfy the requirements
of these Regulations the Comptroller may either reject the notice
or reserve the same for further consideration, pending the
provision of such information in such form and within such time
as the Comptroller may require.
(4) Where any such information is not provided as
required by the Comptroller under subregulation (3) the notice
shall be rejected.
(5) Where the notice has been rejected the Comptroller
shall inform the person giving the notice of its rejection and of
the reasons therefor and deliver the copies to the importer.
(6) A notice accepted under subregulation (2) shall
remain in force for the period specified in the notice unless—
(a) it is withdrawn, in writing, by the person giving
the notice; or
(b) the Court orders that the notice be set aside.
8. (1) The Comptroller shall from time to time require the
person who has given notice under section 48(1) of the Act to
provide to the Comptroller such security or further security,
within such time and in such manner, whether by way of bond,
deposit of a sum of money or otherwise, as the Comptroller may
specify, against all actions, proceedings, claims and demands
whatsoever which may be taken or made against, or costs and
Notification of
acceptance or
rejection of
notice.
Security.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
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L.R.O.
expenses which may be incurred by the Comptroller in
consequence of the seizure of any copy of a work or sound
recording to which the notice relates.
(2) Such security or further security may be given—
(a) at the time the notice is given; or
(b) at such other time as the Comptroller may require.
(3) Where such security or further security is not given
within the time or in the manner specified by the Comptroller he
shall deliver the copies to the importer.
9. The security shall be released in the following
circumstances:
(a) where there is no seizure;
(b) if the seizure is completed, either by
effluxion/lapse of time or ultimate
condemnation by a Court;
(c) if the seizure is not completed and the copies
are released by the Comptroller and no action
or suit has been commenced against the
Comptroller in respect of the seizure, then at the
expiration of six months from the time of
the seizure;
(d) if within the period specified in paragraph (c)
action or suit is commenced, then upon the
conclusion of such action or suit and the
fulfilment of the purpose for which the security
was given.
10. (1) In every case—
(a) in which the Comptroller has not required
security or further security to be given under
regulation 8;
(b) in which the Comptroller has taken security
and that security is insufficient; or
(c) in which the notice is deemed to have been
withdrawn under regulation 5(2) or 6(3),
Release of
security.
Indemnity.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
Copyright (Customs) Regulations[Subsidiary]
58 Chap. 82:80 Copyright
LAWS OF TRINIDAD AND TOBAGO
the person giving the notice and the owner of copyright or
neighbouring rights in the work or sound recording to which
the notice relates shall—
(i) jointly and severally agree to keep the
Comptroller indemnified against all
actions, proceedings, claims and demands
whatsoever which may be taken or made
against him; and
(ii) repay the Comptroller all costs and
expenses which may be incurred by him in
consequence of the seizure of, or any thing
done in relation to any copy of a work or
sound recording to which the notice relates.
(2) Any such costs, expenses, damages or other sums
may be recoverable as a debt due to the State.
11. Where the Comptroller is satisfied that copies of a
work or sound recording are to be treated as prohibited
goods pursuant to section 48(1) of the Act and these Regulations,
he shall, within ten days of his decision, give (either personally
or by post) to—
(a) the person giving the notice; and
(b) the importer of the copies,
notice, in writing, in the form set out as Form 4 or 5 in the Schedule.
12. If the person giving the notice under section 48 of the Act
fails to—
(a) comply with any requirement of the
Comptroller under these Regulations;
(b) comply with any of the provisions in these
Regulations; or
(c) agree to indemnify the Comptroller against any
action or expense as provided for in regulation 10,
the Comptroller may refuse to seize any copies of a work or
sound recording to which the notice relates and shall, within ten
days of his decision, notify, in writing, the person giving the
notice, in the form set out as Form 6 in the Schedule.
Notice of
seizure.
Form 4 or 5.
Notice of
refusal to seize.
Form 6.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
Copyright (Customs) Regulations [Subsidiary]
Copyright Chap. 82:80 59
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L.R.O.
13. (1) The Comptroller shall allow the owner of copyright
or neighbouring rights in the work or sound recording and the
importer sufficient opportunity to inspect the copies which have
been seized and to take samples in order to substantiate or defend
any action or proceedings that may be brought by virtue of
section 48 of the Act.
(2) Samples shall be accounted for in such manner as
the Comptroller may direct.
14. (1) The Comptroller shall release any copies seized
pursuant to the Act or these Regulations to the importer, if—
(a) within the period specified in a notice given under
section 48(1) or the time limited for bringing an
action under the Act, whichever is later, the owner
of copyright or neighbouring rights has—
(i) not brought an action for infringement of
rights in copyright or neighbouring rights,
or obtained, pending the initiation or
determination of such an action, an order
of the Court prohibiting the release of the
copies; and
(ii) not given to the Comptroller notice in
writing in the form set out as Form 7 in
the Schedule, of the action or the order;
(iii) consented, by notice in writing in the
form set out as Form 8 in the Schedule, to
the release of the copies;
(b) the Comptroller is served with an order of the
Court that the copies be released;
(c) an action for infringement of rights in copyright
or neighbouring rights is determined in favour
of the importer of the copies; or
(d) an action for infringement of rights in copyright
or neighbouring rights is withdrawn or
discontinued.
Inspection of
copies and
taking of
samples.
Release of
copies seized.
Form 7.
Form 8.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
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60 Chap. 82:80 Copyright
LAWS OF TRINIDAD AND TOBAGO
(2) The Comptroller may, within the period specified in
the notice, release any copies seized pursuant to the Act or these
Regulations to the importer, if, having regard to information that
has come to his knowledge after the copies have been seized, the
Comptroller is satisfied that the copies ought not to have been
seized, provided all Customs formalities have been complied
with and the release of the copies are not otherwise contrary to
the laws of Trinidad and Tobago.
Regulation 3(1).
SCHeDuLe
FORm 1
COPyRIGhT ACT, Ch. 82:80
NOTICe OF ImPORTATION OF PuBLISHeD WORkS
To: The Comptroller of Customs and Excise:
I, ........................................................................................................................
of .......................................................................................................................
hereby give notice that an infringement of copyright in the original work
specified in the Schedule to this Notice subsists under the Copyright Act, Ch. 82:80
and that ........................... (1) ............................................................................
the owner of copyright in the work and requests that copies of the said work
made outside of Trinidad and Tobago and which are identified in the Schedule
to this Notice be treated as prohibited goods and not be imported into Trinidad
and Tobago for a period up to and including ............................ (2) ...................
............................................................................................................................
pursuant to section 48 of the Copyright Act, Ch. 82:80.
Dated this ................ day of ......................, 20.......
Signature: ...........................................................
...........................................................
(3)
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
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L.R.O.
SCHeDuLe
Title of work: ....................................................................................................
Description of work:..........................................................................................
Full name of author or authors: (4) ..................................................................
If the author or any one or more of the authors of the work is dead the name
of the deceased author or authors and the date or dates of death: (5) ..............
Date and place of first publication of work: (6)................................................
Description of infringing copies to be prohibited: (7) ......................................
NOTeS TO FORm 1
(1) If the Notice is given by the owner of copyright, insert “I am”,
if given by an agent or if the owner is a company or other body, insert the full
name of the owner and the word “is”.
(2) Specify the period for which requests treatment as prohibited
goods. This period should not exceed 5 years or extend beyond the end of the
period for which copyright subsists.
(3) If an agent insert “Agent of the owner” or if a company or
other body insert the name of the company and the position held by the
signatory in the company.
(4) If the author is anonymous or pseudonymous this should be
stated. Also state the period for which copyright subsists.
(5) Omit if the author is anonymous or pseudonymous.
(6) State the country and date of first publication.
(7) Give sufficient information to identify the infringing copies
including the names of the publishers and country of publication, if known. If
a particular shipment is to be prohibited insert details of that shipment. If all
importations of whatever source are to be prohibited this should be stated. If
importation of some copies only are to be prohibited provide details of the
source of those copies.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
Copyright (Customs) Regulations[Subsidiary]
62 Chap. 82:80 Copyright
LAWS OF TRINIDAD AND TOBAGO
FORm 2
COPyRIGhT ACT, Ch. 82:80
NOTICe OF ImPORTATION OF PuBLISHeD
SOuND ReCORDINGS
To: The Comptroller of Customs and Excise:
I,.........................................................................................................................
of .......................................................................................................................
hereby give notice that an infringement of neighbouring rights in the
sound recording specified in the Schedule to this Notice subsists under the
Copyright Act, Ch. 82:80 and that .............................. (1) .................................
the owner of neighbouring rights in the sound recording and requests that
copies of the said sound recording made outside of Trinidad and Tobago
and which are identified in the Schedule to this Notice be treated as prohibited
goods and not be imported into Trinidad and Tobago for a period up to and
including .................................... (2) .................................................................
pursuant to section 48 of the Copyright Act, Ch. 82:80.
Dated this ............ day of ..........................., 20........
Signature: ........................................................
........................................................
(3)
SCHeDuLe
Title of sound recording: ...................................................................................
Description of sound recording: ........................................................................
Initials or marks (if any) placed on copies of sound recording: .........................
Full name of maker or makers of sound recording: ...........................................
Date and place of first publication of sound recording: (4) ...............................
Date and place of making of sound recording: (5) .............................................
Description of infringing copies to be prohibited: (6) .......................................
Regulation 3(1).
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
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L.R.O.
NOTeS TO FORm 2
(1) If the Notice is given by the owner of neighbouring rights, insert
“I am”, if given by an agent, insert the name of the owner and the word “is”.
(2) Specify the period for which requests treatment as prohibited
goods. This period should not exceed 5 years or extend beyond the end of the
period for which the neighbouring rights subsist.
(3) If an agent insert “Agent of the owner” or if a company or other
body insert the name of the company and the position held by the signatory in
the company.
(4) State the country and date of first publication.
(5) State the country and date of manufacture.
(6) Give sufficient information to identify the infringing copies
including the names of the publishers and country of publication, if known. If
a particular shipment is to be prohibited insert details of that shipment. If all
importations of whatever source are to be prohibited this should be stated. If
importation of some copies only are to be prohibited provide details of the
source of those copies.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
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64 Chap. 82:80 Copyright
LAWS OF TRINIDAD AND TOBAGO
Regulation 3(3).
Regulation 11.
FORm 3
COPyRIGhT ACT, Ch. 82:80
STATuTORY DeCLARATION
I, ........................................................................................................................
of .......................................................................................................................
do solemnly declare that the contents of the Notice annexed hereto are true
and I make this declaration conscientiously believing the same to be true and
according to the provisions of the Statutory Declarations Act, Ch. 7:04.
Signature: ..........................................................................................................
Declared by the above-named
this ............. day of ........................, 20.......
Before me,
Commissioner of Affidavits
FORm 4
COPyRIGhT ACT, Ch. 82:80
NOTICe OF SeIzuRe OF INFRINGING COPIeS
To: .....................................................................................................................
of .......................................................................................................................
NOTICE is hereby given that the copies specified in the Schedule hereto have
been seized pursuant to section 48 of the Copyright Act, Ch. 82:80.
SCHeDuLe
The Comptroller of Customs and Excise
(importer)
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
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L.R.O.
Regulation 11.FORm 5
COPyRIGhT ACT, Ch. 82:80
NOTICe OF SeIzuRe OF INFRINGING COPIeS
To: .....................................................................................................................
of .......................................................................................................................
Re: .....................................................................................................................
Pursuant to Notice of Importation dated:
NOTICE is hereby given that the copies specified in the above-mentioned Notice
have been seized pursuant to section 48 of the Copyright Act, Ch. 82:80.
The importer of the copies is .............................................................................
of .......................................................................................................................
TAkE NOTICE that the said copies may be released to the importer for any
of the reasons specified in regulation 14 of the Copyright (Customs)
Regulations.
The Comptroller of Customs and Excise
(owner/agent of owner)
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
Copyright (Customs) Regulations[Subsidiary]
66 Chap. 82:80 Copyright
LAWS OF TRINIDAD AND TOBAGO
FORm 6
COPyRIGhT ACT, Ch. 82:80
NOTICe OF ReFuSAL TO SeIze
To: .....................................................................................................................
of .......................................................................................................................
Re: .....................................................................................................................
Pursuant to Notice of Importation dated:
NOTICE is hereby given that the copies specified in the above-mentioned
Notice have not been seized for the following reason(s):
The Comptroller of Customs and Excise
(owner/agent of owner)
Regulation 12.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
Copyright (Customs) Regulations [Subsidiary]
Copyright Chap. 82:80 67
LAWS OF TRINIDAD AND TOBAGO
L.R.O.
FORm 7
COPyRIGhT ACT, Ch. 82:80
NOTICe OF ACTION FOR INFRINGemeNT OF
RIGHTS IN COPYRIGHT OR NeIGHBOuRING RIGHTS
To: The Comptroller of Customs and Excise
Re: .....................................................................................................................
*Pursuant to Notice of Importation dated: .........................................................
†I/We .................................................................................................................
of .......................................................................................................................
being the owner of the copies seized pursuant to the above-mentioned Notice
hereby give notice that ‡ Action No./Order No. ................................................
was commenced/made on ..................................................................................
in the § ...............................................................................................................
with respect to the infringement of copyright/neighbouring rights in the work
or sound recording to which the above-mentioned Notice relates.
Date ....................................... Signature § ...............................................
................................................
* Briefly state the name of the work/sound recording to which the Notice relates.
† If a natural person insert the person’s full name. If a company or body
insert the company or body’s full name.
‡ Insert the number of the action or order and the full name of the Court as
they appear in documents filed with the Court or issued by the Court.
Attach a copy of all documents filed with the Court or a copy of the order
issued by the Court.
§ If notice is given by a company or body insert the name and position of the
signatory in the company or body.
Regulation 14
(1)(a)(ii).
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
Copyright (Customs) Regulations[Subsidiary]
68 Chap. 82:80 Copyright
LAWS OF TRINIDAD AND TOBAGO
FORm 8
COPyRIGhT ACT, Ch. 82:80
NOTICe OF CONSeNT TO ReLeASe OF COPIeS
To: The Comptroller of Customs and Excise
Re: .....................................................................................................................
* Pursuant to Notice of Importation dated: ........................................................
† I/We ..............................................................................................................
of .......................................................................................................................
being the owner of the copies seized pursuant to the above-mentioned
Notice hereby consent to the release of the said copies/the copies specified
hereunder: ‡
Description of Copies Number of Packages
Date ....................................... Signature § ...............................................
................................................
* Briefly state the name of the work/sound recording to which the Notice relates.
† If a natural person insert the person’s full name. If a company or body
insert the company or body’s full name.
‡ Insert the description of the copies and the number of packages, if known.
§ If notice is given by a company or body insert the name and position of the
signatory in the company or body.
Regulation
14(1)(a)(iii).
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
