Belize Copyright Act
BELIZE
COPYRIGHT ACT
CHAPTER 252
REVISED EDITION 2000
SHOWING THE LAW AS AT 31ST DECEMBER, 2000
This is a revised edition of the law, prepared by the Law Revision Commissioner
under the authority of the Law Revision Act, Chapter 3 of the Laws of Belize,
Revised Edition 1980 - 1990.
This edition contains a consolidation of the following laws-Page
ARRANGEMENT OF SECTIONS 3
COPYRIGHT ACT 16
Amendments in force as at 31st December, 2000.
BELIZE
COPYRIGHT ACT
CHAPTER 252
REVISED EDITION 2000
SHOWING THE LAW AS AT 31ST DECEMBER, 2000
This is a revised edition of the law, prepared by the Law Revision Commissioner
under the authority of the Law Revision Act, Chapter 3 of the Laws of Belize,
Revised Edition 1980 - 1990.
This edition contains a consolidation of the following laws-Page
ARRANGEMENT OF SECTIONS 3
COPYRIGHT ACT 16
Amendments in force as at 31st December, 2000.
Copyright
[CAP. 252
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CHAPTER 252
COPYRIGHT
ARRANGEMENT OF SECTIONS
PART I
Preliminary
1. Short title.
2. Commencement.
3. Interpretation.
4. Act binding on State.
5. Publication.
6.
Lawful reception on encrypted broadcasts.
PART II
Copyright
Protected Works
7. Categories of protected works.
8. Qualification for copyright protection.
9. Nature of copyright.
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Duration of Copyright Protection
10. Duration of copyright in literary, etc., works.
11. Duration of copyright in sound recordings and films.
12. Duration of copyright in broadcasts and cable programs.
13. Duration of copyright in typographical arrangements of editions.
PART III
Moral Rights and Related Rights
Identification with Work
14. Moral Rights.
15. Right to be identified as author, etc.
Objection to Treatment of Work
16. Right to object to derogatory treatment of work.
Related Rights
17. False attribution of work.
18. Right to privacy - commissioned photographs and films.
Supplementary
19. Duration of moral rights and related rights.
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20. Consent and waiver of rights.
21. Application of provisions to joint works.
22. Application of provisions to part of work.
23. Meaning of commercial publication.
24. Regulations.
PART IV
Ownership and Assignment of Rights
Ownership of Copyright
25. Ownership of copyright.
Assignment of Copyright
26. Assignments and licences.
27. Meaning of copyright owner.
28. Prospective owner of copyright.
29. Copyright in unpublished works passes under will.
30. Moral rights, etc., not assignable.
31. Transmission of moral rights, etc., on death.
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PART V
Infringements of Rights
Economic
32.
Definition of action.
33.
Infringement.
34.
Proprietor of place of public entertainment liable for infringement.
35.
Infringement by providing apparatus in public, etc., for giving infringing
performances.
Remedies for Infringement of Economic Rights
36.
Action by owner of copyright for infringement.
37.
Order for delivery up in civil proceedings.
38.
Right to seize infringing copies, etc.
39.
Wide injunction available to licensing bodies.
40.
Proceedings in case of copyright subject to exclusive licence.
Moral and Related Rights
41.
Infringement of right to be identified as author or director.
42.
Infringement of right to object to derogatory treatment of work.
43.
Infringement of possession of infringing article.
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44.
False attribution of work; infringement.
45.
Infringement of privacy right respecting photographs, etc.
Remedies for Infringement of Moral Rights and Related Rights
46.
Remedies for infringing moral rights, etc.
Presumptions
47.
Presumptions as to subsistence and ownership of copyright.
48.
Presumption in relation to authorship of protected works; ownership;
originality; publication.
49.
Presumptions where action relates to sound recordings, films, and computer
programs.
50.
Withdrawal of privilege against incrimination of self or spouse in infringement
and related proceedings.
51.
Provision for restricting importation of infringing copies.
Offences
52.
Penalties in respect of dealings which infringe copyright.
53.
Presumptions not to apply.
54.
Order to deliver up in criminal proceedings.
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PART VI
Exceptions to Infringement of Copyright
Preliminary
55.
Definitions.
General Exceptions
56.
Research and private study.
57.
Criticism, review and reporting.
58.
Determining fair dealing.
59.
Incidental inclusion of protected work.
Use of Work for Educational Purposes
60.
Acts done for purposes of instruction or examination.
61.
Anthologies for educational use.
62.
Performing, playing or showing works in course of activities of educational
establishment.
63.
Recording of broadcasts, etc., at educational establishments.
64.
Restriction on reprographic copyright from published works.
65.
Subsequent dealings with authorised copies.
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Exceptions affecting Libraries and Archives
66. Interpretation of references; regulations.
67. Supply by librarian of copies of published work.
68. Supply of copies to other libraries.
69. Replacing copies of works.
70. Copying of unpublished work.
Exceptions Relating to Public Administration
71. Parliamentary and judicial proceedings and statutory inquiries.
72. Public records.
Designs
73. Design documents and models.
74. Where design derived from artistic work is exploited.
Exception Relating to Works in Electronic Form
75. Transfer of works in electronic form.
Miscellaneous Exceptions relating to Literary, Dramatic, Musical and
Artistic Works
76. Statutory licences.
77. Reading or recitation in public.
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78. Representation of artistic works on public display.
79. Reconstruction of buildings.
80. Subsequent work by same artist.
Miscellaneous Exceptions Respecting Broadcasts
81. Recording broadcasts for program supervision.
82. Recording for purposes of time shifting.
83. Provision of subtitled copies of broadcast or cable program.
Adaptations
84. Adaptations.
Prescribed Exceptions
85. Power of Minister to prescribe exceptions to infringement.
PART VII
Copyright Licensing
Licensing schemes and licensing bodies
86. Jurisdiction of Supreme Court.
87. Procedure in proceedings before Supreme Court.
88. Licensing schemes and licensing bodies.
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References and applications with respect to licensing schemes
89. Licensing schemes to which sections 90 to 95 apply.
90. Reference of proposed licensing scheme to Supreme Court.
91. Reference of existing licensing scheme to Supreme Court.
92. Further reference to Supreme Court.
93. Application for grant of licence in connection with licensing scheme.
94. Application for review of order as to entitlement to licence.
95. Effect of order of Court as to licensing scheme.
References and applications with respect to individual licensing by
licensing bodies
96. Licences to which sections 97 to 100 apply.
97. Reference to Supreme Court of proposed licence.
98. Reference to Supreme Court of expiring licence.
99. Application for review of order as to licence.
100. Effect of order of Supreme Court as to licence.
Factors to be taken into account in certain classes of case
101. General considerations: unreasonable discrimination.
102. Licences for reprographic copying.
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103.
Licences for educational establishments in respect of works included
in broadcasts or cable programs.
104.
Licences to reflect conditions imposed by promoters of events.
105.
Licences to payments in respect of underlying rights.
106.
Mention of the specific matters not to exclude other relevant considerations.
PART VIII
Rights in Performances
107.
Conferment of rights in performances.
Performers’ Rights
108.
Consent required for recording or live transmission of performance.
109.
Infringement of performer’s rights by use of recording made without
consent.
110.
Consent and royalty required for adaptation of recording.
111.
Infringement of performer’s rights by importing, possessing, etc., illicit
recording.
Rights of Person having Recording Rights
112.
Consent required for recording of performance subject to exclusive
contract.
113.
Infringement of recording rights by use of recording made without
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consent.
114.
Infringement of recording rights by importing, possessing , etc., of illicit
recording.
Duration and Transmission of Rights in Performances: Consent
115.
Duration of rights in performances.
116.
Transmission of rights in performances.
117.
Consent.
Remedies for Infringement of Rights in Performances
118.
Infringement actionable as breach of statutory duty.
119.
Order for delivery up of illicit recording in court proceedings.
120.
Rights to seize illicit recordings.
Offences in Relation to Performances
121.
Criminal liability for making, dealing with or using illicit recordings.
122.
Order for delivery up of illicit recording in criminal proceedings.
123.
False representation of authority to give consent.
Exceptions to Infringement of Rights Conferred under this Part
124.
Fair dealing for criticism, etc.
125.
Incidental inclusion of performance or recordings.
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126.
Acts done to recording of performance for purposes of instruction,
etc.
127.
Recording of broadcasting and cable programs by educational establishments.
128.
Acts done to performance or recording for parliamentary proceedings,
etc.
129.
Transfer of recording of performance in electronic form.
130.
Use of recordings of spoken words.
131.
Incidental recording for purposes of broadcast or cable program.
132.
Recordings for supervision and control of programs permitted.
133.
Order excepting acts from infringing rights under this Part.
134. Court may consent on behalf of performer.
PART IX
General
Supplementary provisions
135.
Order for disposal of infringing copy or illicit recording.
136.
Period after which remedy of delivery up not available.
137.
Time limited for prosecution.
138.
Powers of police officers.
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139. Restrictions on the entry and search of domestic premises.
140. Obstruction of police officers.
141. Offences by bodies corporate.
142.
Power to make Regulations.
PART X
International Relations
143. Power to apply provisions of Act to other countries.
144. International organisations.
145.
Denial of copyright or rights in performances.
PART XI
Repeals, Savings and Transition
146. Repeals.
147. Savings.
148. Copyright subsists only under Act.
149. Enforcement of copyright subject to public interest.
150. Transitional.
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CHAPTER 252
COPYRIGHT
Commencement.
[22nd June, 2000]
[2 1. 8. 2 0 0 0]
PART I
Preliminary
Short title.
1. This Act may be cited as the Copyright Act.
Commencement.
2. This Act shall come into force on a day to be appointed by the Minister by
Order published in the Gazette; and different days may be appointed for
different provisions and different purposes.
Interpretation.
3.-(1) For the purposes of this Act, unless the context otherwise requires
“adaptation” means
(a)
in relation to a computer program, a version of the
program in which it is converted into or out of a computer
language or code, or into a different language or code
otherwise than incidentally in the course of running the
program;
(b)
in relation to a literary work in a non-dramatic form, a version
of the work (whether in its original language or in a different
language) in a dramatic form;
(c)
in relation to a literary work in a dramatic form, a version of
the work (whether in its original language or in a different
language) in a non-dramatic form;
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(d)
in relation to a literary work (whether in a non-dramatic form
or in a dramatic form)(
i)
a translation of the work; or
(ii)
a version of the work in which the story or action is
conveyed solely or principally by means of pictures in
a form suitable for reproduction in a book or in a
newspaper, magazine or similar periodical; and
(e)
in relation to a musical work, an arrangement or transcription
of the work;
“article” in the context of an article in a periodical, includes an item of any
description;
“artistic work” means
(a)
a graphic work, photograph, sculpture or collage, irrespective
of artistic quality;
(b)
a work of architecture being a building or a model of a building,
irrespective of artistic quality; or
(c)
a work of artistic craftsmanship to which neither paragraph (a)
nor paragraph (b) applies;
“author” means the person who creates a work, being
(a)
in relation to a literary or dramatic work, the author of the
work;
(b)
in relation to a musical work, the composer;
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(c)
in relation to an artistic work other than a photograph, the
artist;
(d)
in relation to a photograph, the person taking the photograph;
and, where the context requires, shall be taken to be in relation to
(e)
a sound recording or film, the person by whom the
arrangements necessary for the making of the recording or
film are undertaken;
(f)
the typographical arrangement of a published edition, the
publisher;
(g)
a broadcast, the person making the broadcast as described in
section 6 (2) or, in the case of a broadcast which relays another
broadcast by reception and immediate re-transmission, the
person making that other broadcast;
(h)
a cable program, the person providing the cable program
service in which the program is included;
(i)
a computer-generated literary, dramatic, musical or artistic
work, the person by whom the arrangements necessary for
the creation of the work are undertaken;
“a broadcast” means a transmission by wireless telegraphy of visual images,
sounds or other information which
(a)
having regard to section 6, is capable of being lawfully received
by members of the public; or
(b)
is transmitted for presentation to members of the public;
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“to broadcast” means to transmit, by the emission of electromagnetic energy
otherwise than over a path that is provided by a material substance, visual
images or sounds, or both, for reception by the public notwithstanding that
(a)
subsequent to the initial transmission, but before reception by
the public, the images or sounds may be carried on a path
provided by a material substance;
(b)
the public receiving, or capable of receiving, the images and
sounds is in a country other than that from which the original
transmission took place;
(c)
no member of the public actually receives the images or
sounds, provided only that members of the public could, if in
possession of suitable apparatus, receive them;
and “broadcasting” and “re-broadcasting” have corresponding meanings;
“building” includes any fixed structure of any kind and a part of a building or
fixed structure;
“business” includes a trade or profession;
“cable program” means any item included in a cable program service, and any
reference in this Act
(a)
to the inclusion of a cable programme or work in a cable
programme service is a reference to its transmission as part of
the service; and
(b)
to the person including it is a reference to the person providing
the service;
“cable programme service” means a service which consists wholly or mainly in
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sending visual images, sounds or other information, irrespective of the form in
which the images, sounds or information are represented, by means of a telecommunications
system, otherwise than by wireless telegraphy, for reception
(a)
at two or more places (whether for simultaneous reception
or at different times in response to requests by different users);
or
(b)
for presentation to members of the public,
and which is not, or to the extent that it is not, excepted by Regulations made
under this Act;
“collective work” means
(a)
a work of joint authorship; or
(b)
a work in which there are distinct contributions by different
authors or in which works or parts of works of different authors
are incorporated;
“computer-generated work” means a work generated by a computer in circumstances
such that the work has no human author;
“computer program” means a set of instructions, whether expressed in words
or in schematic or other form, which is capable, when incorporated in a machine-
readable medium, of causing an electronic or other device having information
processing capabilities to indicate, perform or achieve a particular function,
task or result;
“copy” in relation to
(a)
a work that is a literary, dramatic, musical or artistic work,
means a reproduction of a work in any material form, and, in
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respect of an artistic work, includes a reproduction in three-
dimensions, if the artistic work is a two-dimensional work and
a reproduction in two dimensions if the artistic work is a three-
dimensional work; and, in respect of a literary, dramatic or
musical work, includes a reproduction in the form of a record
or film;
(b)
a work that is a film, television broadcast or cable programme,
includes a photograph of the whole or any substantial part of
any image forming part of the film, broadcast or cable
programme;
(c)
a work that is a typographical arrangement of a published
edition, means a facsimile copy of the arrangement; and
(d)
any category of work includes any copy of the work, however
made and in whatever medium, that is transient or is incidental
to some other use of the work;
and references to the “copying” of a work of any description shall be construed
to include a reference to storing the work in any medium by electronic means;
“copyright” means copyright subsisting under Part II of this Act;
“country” includes any territory;
“distribution” means the distribution to the public, for commercial purposes, of
copies of a work by way of rental, lease, hire, loan or similar arrangement and
“distributing” has a corresponding meaning;
“dramatic work” includes
(a) a choreographic show or entertainment in dumb show; and
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(b)
a scenario or script for a film but does not include a film as
distinct from the scenario or script;
“drawing” includes a diagram, map, chart or plan;
“educational establishment” means any school, college or other educational
body designated, either individually or by reference to a class, for the purposes
of this Act by the Minister by Order published in the Gazette;
“engraving” includes an etching, lithograph, product of photogravure, woodcut,
print or similar work, not being a photograph;
“exclusive recording contract” means a contract between a performer and
another person under which that person is entitled, to the exclusion of all other
persons, including the performer, to make recordings of one or more of the
performer’s performances with a view to their being sold or let for hire, or
shown or played in public, or otherwise commercially exploited;
“film” means a recording on any medium from which a moving image may by
any means be produced;
“future copyright” means copyright which will or may come into existence in
respect of any future work or class of works or on the coming into operation
of this Act, or on the occurrence of any other future event, and “prospective
owner” shall be construed accordingly and, in relation to any such copyright,
includes a person prospectively entitled thereto by virtue of such an agreement
as is mentioned in section 28 (1);
“graphic work” includes
(a)
any painting, drawing, diagram, map, chart or plan; and
(b)
any engraving, etching, lithograph, woodcut or similar work;
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“illicit recording” means
(a)
for the purposes of a performer’s rights, a recording wherever
made, of the whole or a substantial part of a performance of
his, if it is made, otherwise than for private purposes, without
his consent;
(b)
for the purposes of the rights of a person having recording rights
under an exclusive recording contract, a recording wherever
made, of the whole or any substantial part of a performance
subject to the exclusive recording contract, if it is made,
otherwise than for private purposes, without his consent or
that of the performer;
(c)
for the purposes of any offence under this Act, a recording
which is an illicit recording by virtue of either paragraphs (a)
or (b) of this definition;
“infringing copy” in relation to a protected work means
(a)
any copy of the work, the making of which constitutes an
infringement of the copyright in the work;
(b)
any copy of the work that is or is proposed to be imported
into Belize and its making in Belize would have constituted an
infringement of the copyright in the work or a breach of an
exclusive agreement relating to that work;
“literary work” means any work, other than a dramatic or musical work, which
is written, spoken or sung, and accordingly includes
(a)
a written table or compilation;
(b)
a computer program;
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“manuscript” in relation to a work, means the original document embodying
the work whether written by hand or not;
“musical work” means a work consisting of music, exclusive of any words, or
action intended to be sung, spoken or performed with the music;
“Minister” means the Minister to whom subject of copyright is assigned by the
CAP. 4. Governor-General pursuant to section 41 of the Belize Constitution;
“performer” means any actor, singer, musician, dancer or other person who
acts, sings, depicts, delivers, declaims, plays in or otherwise performs a literary,
dramatic, musical or artistic work; and references to the performer in the
context of the person having performer’s rights to shall be read and construed
to include references to the person who, pursuant to any provision of this Act,
is for the time being entitled to exercise those rights;
“performance” in relation to
(a) copyright in a protected work includes (
i)
delivery in the case of lectures, addresses, speeches
and sermons; and
(ii)
any mode of visual or acoustic presentation, including
presentation by means of a sound recording, film,
broadcast or cable programme, of the work;
(b) rights conferred under Part VIII, means(
i)
a dramatic performance which includes dance and mime;
(ii)
a musical performance; or
(iii)
a reading or recitation of a literary work;
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(iv)
a performance of a variety act or any similar presentation,
which is, or to the extent that it is, a live performance given by one or more
individuals;
“person having recording rights” in relation to a performance (as defined in
paragraph (b) of the definition of that expression in this section) means a person
who, being a qualified person
(a)
is either a party to and has the benefit of an exclusive recording
contract to which the performance is subject or is a person to
whom the benefit of such a contract has been assigned; or
(b)
is licensed to make recordings of the performance with a view
to their being sold or let for hire or shown or played in public,
by a person who is within the definition in paragraph (a) but is
not a qualified person;
“photograph” means a recording of light or other radiation on any medium on
which an image is produced or from which an image may by any means be
produced, and which is not part of a film;
“place of public entertainment” includes any premises which are from time to
time made available for hire to such persons as may desire to hire them for
purposes of public entertainment, including premises that are occupied mainly
for other purposes;
“police officer” includes any member of the Belize Police Department;
“prospective owner” has the meaning assigned to it in the definition of “future
copyright”;
“publication” has the meaning assigned to it in section 5 of this Act;
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“published commercially” has the meaning assigned to it in section 23 of this
Act;
“published edition” in the context of copyright in the typographic arrangement
of a published edition, means a published edition of the whole or any part of
one or more literary, dramatic, musical or artistic works;
“qualified person”
(a)
in the case of an individual, means a person who is a citizen of
Belize or whose habitual residence is in Belize; and
(b)
in the case of a body corporate, means a body incorporated
or established under any written law of Belize;
“qualifying performance” means a performance that
(a)
is given by an individual who is a qualified person; or
(b)
takes place in Belize or a specified country;
“record” means any disc, tape, perforated roll or other device in which sounds
are embodied so as to be capable of being reproduced therefrom, other than
a sound-track associated with a film, but includes, in relation to a performance,
a film incorporating the performance;
“recording”, in relation to a performance, means a film or sound recording
(a)
made directly from the live performance;
(b)
made from a broadcast of, or cable programme including, the
performance; or
(c)
made, directly or indirectly, from another recording of the
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performance;
“rental” means any arrangement under which a copy of a work is made available
(a)
for payment (in money or money’s worth); or
(b)
in the course of a business, as part of services or for amenities
for which payment is made,
on terms that it will or may be returned;
“reprographic process” means a process, as more fully described in section
55;
(a)
for making facsimile copies; or
(b)
involving the use of and appliance for making multiple copies,
and, in relation to a work held in electronic form, includes any copying by
electronic means, but does not include the making of a film or sound recording;
“sculpture” includes a cast or model made for purposes of sculpture;
“sound recording” means
(a)
a recording of sounds from which the sounds may be
reproduced; or
(b)
a recording of the whole or any part of a literary, dramatic or
musical work from which sounds reproducing the work or part
thereof may be produced,
regardless of the medium on which the recording is made or the method by
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which the sounds are reproduced or produced;
“specified country” means a country specified by the Minister by Order published
in the Gazette pursuant to section 143;
“unauthorized” when used to describe any act done in relation to a work,
means
(a)
if copyright subsists in the work, done otherwise than by or
with the licence of the owner of the copyright;
(b)
if copyright does not subsist in the work, done otherwise than
by or with the licence of the author or person lawfully claiming
under him;
“wireless telegraphy” means the emitting or receiving, otherwise than over a
path that is provided by a material substance, of electro-magnetic energy transmitting
visual images or sounds, or both;
“work” means
(a)
a literary, dramatic, musical or artistic work;
(b)
a sound recording, film, broadcast or cable programme;
(c)
the typographical arrangement of a published edition,
and accordingly “protected work” means a work of any of such categories in
which copyright subsists by virtue of this Act;
“work of joint authorship” means a work produced by the collaboration of
two or more authors in which the contribution of each author is not separate
from the contribution of the other author or authors;
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“writing” includes any form of notation, whether by hand or by printing, typewriting
or any other process and regardless of the method by which or the
medium in or on which it is recorded, and “written” shall be construed accordingly.
(2) References in this Act to the time at which, or the period during
which, a work was made are references to the time or period at or during
which it was first written down, recorded or expressed in some other material
form.
4. This Act is binding on the State but nothing in this Act shall render the State
liable to prosecution.
5.-(1) In this Act “publication”, in relation to a work
(a)
means the issue of copies to the public; and
(b)
includes, in the case of a literary, dramatic, musical or artistic
work, making it available to the public by means of an
electronic retrieval system,
and all related expressions shall be construed accordingly.
(2) In the case of a work of architecture in the form of a building,
or an artistic work incorporated in a building, construction of the building shall
be treated as equivalent to publication of the work.
(3) The following does not constitute publication for the purposes
of this Act (
a) in the case of a literary, dramatic or musical work (
i) the performance of the work; or
Making of work-
duration.
Act binding on
State.
Publication.
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(ii)
the broadcasting of the work or its inclusion in a cable
programme service (otherwise than for the purposes
of an electronic retrieval system);
(b) in the case of an artistic work (
i)
the exhibition of the work; or
(ii)
the issue to the public of copies of a graphic work
representing, or of photographs of, a work of architecture
in the form of a building or a model for a building,
a sculpture or a work of artistic craftsmanship;
(iii)
the issue to the public of copies of a film including the
work; or
(iv)
the broadcasting of the work or its inclusion in a cable
programme service (otherwise than for the purposes
of an electronic retrieval system);
(c) in the case of a sound recording or film (
i)
the work being played or shown in public; or
(ii)
the broadcasting of the work or its inclusion in a cable
programme service.
(4) A publication that is merely colourable and is not intended to
satisfy the reasonable requirements of the public shall be disregarded for the
purposes of this Act except in so far as it may constitute an infringement of
copyright or may constitute an offence under this Act.
(5) For the purposes of this Act, a publication in Belize or in any
other country shall not be treated as being other than the first publication by
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reason only of an earlier publication elsewhere, if the two publications took
place within a period of not more than thirty days.
(6) In determining, for the purposes of any provision of this Act (
a)
whether a work has been published;
(b)
whether a publication of a work was the first publication of the
work; or
(c)
whether a work was published or otherwise dealt with in the
lifetime of a person,
any unauthorised publication or the doing of any other unauthorised act shall be
disregarded.
(7) A publication or other act shall for the purposes of subsection
(6), be taken to have been unauthorised if, but only if (
a)
copyright subsisted in the work and the act concerned was
done otherwise than by, or with the licence of, the owner of
the copyright; or
(b)
copyright did not subsist in the work and the act concerned
was done otherwise than by, or with the licence of (
i) the author; or
(ii) persons lawfully claiming under the author.
(8) Nothing in either subsection (6) or subsection (7) affects any
provisions of this Act relating to the acts comprised in copyright or to acts
constituting infringements of copyright or offences under this Act.
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Lawful reception 6.-(1) In relation to the broadcast of a work, an encrypted transmission shall
of encrypted be regarded as capable of being lawfully received by members of the public
broadcasts.
only if decoding equipment has been lawfully made available to members of
the public by or with the authority of the person making the transmission or the
person providing the contents of the transmission.
(2) References in this Act to the person making a broadcast,
broadcasting a work or including a work in a broadcast are references (
a)
to the person transmitting the programme, to the extent that
he has responsibility for its contents; and
(b)
to any person providing the programme who makes with the
person transmitting it, the arrangements necessary for its
transmission,
and references in this Act to a programme, in the context of broadcasting, are
to any item included in a broadcast.
PART II
Copyright
Protected Works
Categories of 7.-(1) Subject to this section, the categories of works in which copyright
protected works. under this Act may subsist are:
(a)
original literary, dramatic, musical or artistic works;
(b)
sound recordings, films, broadcasts or cable programmes;
(c)
typographical arrangements of published editions.
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(2) A literary, dramatic or musical work shall not be eligible for
copyright protection unless it is written down, recorded or otherwise fixed in a
material form; and the storage of the work in a computer shall be regarded as a
recording of the work in a material form.
(3) It is immaterial for the purposes of subsection (2) whether the
work is recorded by or with the permission of the author.
(4) Copyright may subsist in a work notwithstanding that the making
of the work involved an infringement of copyright subsisting in some other work
or of the rights in a performance.
8.-(1) A literary, dramatic, musical or artistic work or, subject to subsection
Qualification for
copyright
(2), a typographical arrangement of a published edition, qualifies for copyright
protection.
protection if
(a)
the author thereof was a qualified person at the time at which
the work was made or, if the making of the work extended
over a period, was a qualified person for a substantial part of
that period; or
(b)
in the case of a published work (
i)
if, having regard to section 5, the first publication took
place in Belize or in a specified country; or
(ii)
if the author was a qualified person at the time at which
the work was first published; or
(iii)
if the author had died before publication but was a
qualified person immediately before his death; or
(c)
in the case of an artistic work which is a building or is
incorporated in a building, if the building is erected in Belize or
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in a specified country.
(2) Copyright shall not subsist in the typographical arrangement
of a published edition if, or to the extent that, it reproduces the typographical
arrangement of a previous edition.
(3) A sound recording or film qualifies for copyright protection if(
a)
the maker thereof was a qualified person for the whole or a
substantial part of the period during which the sound recording
or film was made; or
(b)
having regard to section 5, if the sound recording or film has
been published and the first publication took place in Belize
or in a specified country.
(4) Copyright does not subsist in a sound recording or film which
is, or to the extent that it is, a copy taken from a previous sound recording or
film.
(5) (a) A broadcast qualifies for copyright protection if it is made in
Belize by a transmitting station in respect of which there is a valid licence
CAP. 227.
granted under the Broadcasting and Television Act or in a specified country in
accordance with any law in force regulating the making of broadcasts.
(b) Copyright does not subsist in a broadcast which infringes, or
to the extent that it infringes, the copyright in another broadcast or in a cable
programme.
(6) A cable programme qualifies for copyright protection if it is
sent from a place in Belize or in a specified country in accordance with any law
in force regulating transmission by cable, so, however, that copyright shall not
subsist in any cable programme THE
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(a)
if it is included in a cable programme service by broadcast; or
(b)
if it infringes, or to the extent that it infringes, the copyright in
another cable programme or in a broadcast.
(7) In relation to a work of joint ownership, the references in
subsection (1) to author shall be construed as references to any one of the
authors.
(8) If the qualification requirements of this section are once satisfied
in respect of a work, copyright does not cease to exist by reason of any
subsequent event.
(9) Copyright protection does not extend to an idea, concept,
process, principle, procedure, system or discovery or things of a similar nature.
9.-(1) By virtue of and subject to the provisions of this Act, the owner of the
Nature of
copyright in a work shall have the exclusive right to do or to authorise other
copyright
economic rights.
persons to do any of the following acts in Belize or on any ship or aircraft
registered in Belize
(a)
to make copies of the work;
(b)
to issue copies of the work to the public;
(c)
to perform the work in public or, in the case of a sound
recording, film, broadcast or cable programme, to show or
play the work in public;
(d)
to broadcast the work or include it in a cable programme
service; or
(e)
to make an adaptation of the work and, in relation to such
adaptation, to do any or all of the foregoing acts.
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(2)
For the purposes of subsection (1)(
a)
references to the doing of any act in relation to any work means(
i)
the doing of the act in relation to the whole or any
substantial part of the work; and
(ii)
the doing of the act either directly or indirectly,
and it is immaterial whether any intervening acts themselves infringe
copyright;
(b)
references in paragraph (b) of that subsection to issuing of
copies to the public include the rental of copies to the public.
(3) By virtue of and subject to the provisions of this Act(
a)
the author of a literary, dramatic, musical or artistic work that
is a protected work; or
(b)
the director of a film that is a protected work,
shall have in respect of such work, whether or not he is the owner of the
copyright in the work, the moral rights specified in Part III of this Act.
Duration of Copyright Protection
Duration of 10.-(1) Subject to the provisions of this section, copyright in any literary,
copyright in
dramatic, musical or artistic work expires at the end of the period of fifty years
literary, etc.,
from the end of the calendar year in which the author dies.
works.
(2) Where the authorship of a work referred to in subsection (1)
is unknown, copyright in such work expires at the end of the period of fifty
years from the end of the calendar year in which it was first made available to
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the public; and subsection (1) shall not apply if the identity of the author becomes
known after the end of that period.
(3) For the purpose of subsection (2), acts which constitute the
making available of a work to the public include (
a)
in relation to a literary, dramatic or musical work, the performance
of the work in public or its broadcast or inclusion in a cable
programme service;
(b)
in relation to an artistic work, the exhibition of the work in
public or its inclusion in a film shown to the public or in a
broadcast or cable programme service,
so, however, that in determining for the purpose of this subsection whether a work
has been made available to the public any unauthorised act shall be disregarded.
(4) The provisions of subsections (1) and (2) shall not apply to a
computer-generated work, the copyright in which shall expire at the end of the
period of fifty years from the end of the calendar year in which the work was
made.
(5)
In relation to a work of joint ownership(
a)
the reference in subsection (1) to the death of the author shall
be construed(
i)
where the identity of all the authors is known, as a
reference to the death of the last of them to die;
(ii)
where the identity of one or more of the authors is
known and the identity of one or more others is not,
as a reference to the death of the last of the authors
whose identity is known; and
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Duration of
copyright in
sound recordings
and films.
Duration of
copyright in
broadcasts and
cable
programmes.
(b)
the reference in subsection (2) to the identity of the authority
becoming known, shall be construed as a reference to the
identity of any of them becoming known.
(6) A work is of unknown authorship if the identity of the author
is unknown or, in the case of a work of joint authorship, if the identity of none
of the authors is known.
(7) The identity of an author shall be regarded as unknown if it is
not possible for a person to ascertain his identity by reasonable inquiry; but if
his identity is once known it shall not subsequently be regarded as unknown.
(8) This section does not apply to copyright which subsists by
virtue of section 144 of this Act.
11.-(1) Copyright in a sound recording or film expires at the end of the period
of fifty years from the end of the calendar year in which it was made, or
where it is made available to the public before the end of that period, at the
end of the period of fifty years from the end of the calendar year in which it is
so made available.
(2) For the purposes of subsection (1) a sound recording or film
is made available to the public when it is first published, broadcast or included
in a cable programme service, so, however, that in determining whether a
sound recording or film has been made available to the public, any unauthorised
act shall be disregarded.
12.-(1) Copyright in a broadcast or cable programme expires at the end of a
period of fifty years from the end of the calendar year in which the broadcast
was made or the programme was included in a cable programme service.
(2) Copyright in a repeat broadcast or a repeat cable programme
expires at the same time as copyright in the original broadcast or cable
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programme; and accordingly; no copyright arises in respect of a repeat broadcast
or a repeat cable programme which is broadcast or, as the case may be, included
in a cable programme service after the expiry of the copyright in the original
broadcast or cable programme.
(3) Reference in subsection (2) to a repeat broadcast or a repeat
cable programme means one which is a repeat of a broadcast previously made
or, as the case may be, of a cable programme previously included in a cable
programme service.
13. Copyright in the typographical arrangement of a published edition expires
at the end of the period of twenty-five years from the end of the calendar year
in which the edition was first published.
PART III
Moral Rights and Related Rights
Identification with Work
14. By virtue of and subject to the provisions of this Act (
a)
the author of a literary , dramatic, musical or artistic work that
is a protected work; or
(b)
the director of a film that is a protected work,
shall have in respect of such work, whether or not he is the owner of the copyright
in the work, the rights specified in sections 15 and 16 of this Part.
15.-(1) Subject to the provisions in this Part, and in particular to section 24,
the author of a literary, dramatic, musical or an artistic work that is a protected
work and the director of a film that is protected work have, respectively, the
right to be identified as the author or, as the case may be, director of the work,
Duration of
copyright in
typographical
arrangements of
editions.
Moral Rights.
Right to be
identified as
author, etc.
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in the circumstances specified in this section.
(2) The author of a literary work (other than words intended to
be sung or spoken with music) or a dramatic work has the right to be identified
as such whenever (
a)
the work or an adaptation thereof is published commercially,
performed in public, broadcast or included in a cable
programme service; or
(b)
copies of a film or sound recording including the work or an
adaptation thereof are issued to the public.
(3) The author of a musical work or a literary work consisting of
words intended to be sung or spoken with music, has the right to be identified
as such whenever (
a)
the work or an adaptation thereof is published commercially;
(b)
copies of a sound recording of the work or an adaptation
thereof are issued to the public; or
(c)
a film, the sound track of which includes the work, is shown in
public or copies of such film are issued to the public.
(4) The author of an artistic work has the right to be identified as
such whenever (
a)
the work is published commercially or exhibited in public or a
visual image of it is broadcast or included in a cable programme
service;
(b)
a film including a visual image of the work is shown in public
or copies of such a film are issued to the public; or
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(c)
in the case of a work of architecture in the form of a building
or a model for a building, a sculpture or a work of artistic craftsmanship,
copies of a graphic work representing it or of a photograph
of it, are issued to the public.
(5) In addition to the right specified in paragraph (c) of subsection
(4), the author of a work of architecture in the form of a building has the right to
be identified on the building as constructed or, where more than one building is
constructed to the design, on the first to be constructed.
(6) The director of a film has the right to be identified as such
whenever the film is shown in public, broadcast or included in a cable programme
service or copies of the film are issued to the public.
(7) The right of an author or director under this section is (
a)
in the case of commercial publication or the issue to the public
of copies of a film or sound recording, to be identified in or on
each copy or, if that is not appropriate, in some other manner
likely to bring his identity to the notice of a person acquiring
a copy;
(b)
in the case of identification on a building, to be identified by
appropriate means visible to persons entering or approaching
the building; and
(c)
in any other case, to be identified in a manner likely to bring
his identity to the attention of a person seeing or hearing the
performance, exhibition, film, broadcast or cable programme
in question,
and the identification shall, in each case, be clear and reasonably prominent.
(8) For the purposes of this section, unless otherwise provided to
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the contrary, any reasonable form of identification may be used.
(9) Except as may otherwise be explicitly provided by contract,
the right conferred by this section does not apply in relation to(
a)
a computer program, the design of a typeface or a computer-
generated work;
(b)
any work made for the purpose of reporting current events;
(c)
the publication in a newspaper, magazine or similar
periodical or in an encyclopedia, dictionary, yearbook
or other collective work of reference, of a literary,
dramatic, musical or artistic work made available with
the consent of the author for purposes of such
publication;
(d)
a work in which copyright originally vested in an international
organization by virtue of section 144, unless the author or
director has previously been identified as such in or on
published copies of the work.
Objection to Treatment of Work
Right to object to 16.-(1) Subject to the provisions in this Part, and in particular to section 24,
derogatory
the author of a literary, dramatic, musical or artistic work that is a protected
treatment of work.
work and the director of a film that is a protected work shall have, respectively,
the right not to have the work subjected to derogatory treatment; and
such right is infringed by any person who does any of the acts specified in
section 42 or section 43 in the circumstances there specified.
(2) For the purpose of this Act (
a)
“treatment” of a work means any addition to, deletion from,
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alteration to or adaptation of the work, other than
(i)
a translation of a literary or dramatic work; or
(ii)
an arrangement or transcription of a musical work involving
no more than a change of key or register; and
(b)
the treatment of a work is derogatory if it amounts to distortion
or mutilation of the work, or is otherwise prejudicial to the
honour or reputation of the author or director,
and references to a derogatory treatment of a work shall be construed accordingly;
(c)
“sufficient disclaimer” means a clear and reasonably prominent
indication(
i)
giving the time of the act; and
(ii)
if the author or director is then identified, appearing
along with the indication,
that the work has been subjected to treatment to which the author or director
has not consented.
to(
3) The right referred to in subsection (1) does not apply in relation
(a) a computer program or to a computer-generated work;
(b) fair dealing with any work made for the purpose of reporting
current events;
(c) the publication in any newspaper, magazine or similar periodical
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or in an encyclopedia, dictionary, yearbook or other collective
work of reference, of a literary, dramatic, musical or artistic
work made for the purposes of such publication, or made
available with the consent of the author for the purposes of
such publication, subject, in any particular case, to any
agreement excluding the operation of the foregoing provisions
of this paragraph to that case;
(d)
any subsequent publication elsewhere of such work as is
referred to in paragraph (c), subject to any such agreement as
is referred to in that paragraph.
(4) The right referred to in subsection (1) does not apply to anything
done by or with the authority of the copyright owner in relation to work in
which copyright originally vested in an international organization by virtue of
section 144 unless the author or director(
a)
is identified at the time of the relevant act; or
(b)
has previously been identified in or on published copies of the
work,
and where in such a case the right does apply, it is not infringed if there is a
case of sufficient disclaimer.
Related Rights
Related Rights
False attribution
17.-(1) A person has the right
of work.
(a)
not to have a literary, dramatic, musical or artistic work falsely
attributed to him as its author; and
(b)
not to have a film falsely attributed to him as its director,
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and in this section “attribution”, in relation to such work, means a statement,
whether express or implied, as to the identity of the author or director.
(2) The right conferred by subsection (1) is infringed by any person
who does any of the acts specified in section 44.
18. A person who for private and domestic purposes commissions the taking
of a photograph or the making of a film shall have where the resulting work is a
protected work, the right not to have (
a) copies of the work issued to the public;
(b) the work exhibited or shown in public; or
(c)
the work broadcast or included in a cable programme service.
Supplementary
19.-(1) The rights conferred by sections 15, 16 and 18 shall subsist so long as
copyright subsists in the work.
(2) The right conferred by section 17 shall subsist until the end of
the period of twenty years from the end of the calendar year in which the person
dies.
20.-(1) A person entitled to a right conferred under this Part may waive the
right or consent to the doing of any act in relation to the work in respect of
which the right subsists and any act done in pursuance of such waiver or consent
is not an infringement of the right.
(2) A right may be waived by instrument in writing signed by the
person giving up the right and the waiver (
a) may relate to works generally or to a specific work or class of
Right to privacy-
commissioned
photographs
and films.
Duration of
moral rights and
related rights.
Consent and
waiver of rights.
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Application of
provisions to
joint works.
works and may relate to existing or future works; and
(b)
may be conditional or unconditional and may be expressed to
be subject to revocation.
(3) Where a waiver is made in favour of the owner or prospective
owner of the copyright in the work or works to which it relates, it shall be
presumed to extend to his licensees and successors in title, unless a contrary
intention is expressed.
(4) Nothing in this Part shall be construed as excluding the operation
of the general law of contract or estoppel in relation to an informal waiver
or other transaction in relation to any of the rights to which this Part relates.
21.-(1) The right conferred by section 15 is, in the case of a work of joint
authorship, a right of each joint author to be identified as a joint author.
(2) The right conferred by section 16 is, in the case of a work of
joint authorship, a right of each joint author and his right is satisfied if he consents
to the treatment in question.
(3) A waiver of rights under section 20 by one joint author does
not affect the rights of the other joint authors.
(4) Subsections (1), (2) and (3) also apply, with such modifications
as are necessary, in relation to a film which was, or is alleged to have been,
jointly directed as they apply to a work which is, or alleged to be, a work of
joint authorship; and for the purpose of this subsection, a film is “jointly directed”
if it is made by the collaboration of two or more directors and the contribution
of each director is not distinct from that of the other director or directors.
(5) The right conferred by section 18 is, in the case of a work
made in pursuance of a joint commission, a right of each person who
commissioned the making of the work, so that THE
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(a)
the right of each is satisfied if he consents to the act in question;
and
(b)
a waiver under section 20 by one of them does not affect the
rights of the others.
22. The rights conferred by -
Application of
provisions to
part of work.
(a)
sections 15 and 18 apply in relation to the whole or any
substantial part of a work; and
(b)
sections 16 and 17 apply in relation to the whole or any part
of a work.
23.
In this Part “commercial publication”, in relation to a literary, dramatic, Meaning of
commercial
musical or artistic work means publication.
(a)
issuing copies of the work to the public at a time when copies
made in advance of the receipt of orders are generally available
to the public, or
(b)
making the work available to the public by means of an electronic
retrieval system,
and related expressions shall be construed accordingly.
24.-(1) The Minister may, after consultation with the National Arts Council Regulations.
and other bodies representing artists, writers, composers and performers, make
Regulations for any or all of the following purposes
(a)
specifying certain works or classes of works in respect of
which no specified rights shall subsist;
(b)
prescribing conditions to which the exercise of any specified
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right shall be subject;
(c)
regulating the way in which any of the specified rights of an
author or a director shall be respected;
(d)
specifying circumstances in which any of the specified rights
of an author or a director may not be exercised.
(2) In this section “specified right” means a right conferred on an
author or a director by section 15 or section 16.
(3) All Regulations made under this section shall be laid before
the National Assembly as soon as may be after the making thereof and shall
be subject to negative resolution.
PART IV
Ownership and Assignment of Rights
Ownership of Copyright
Ownership of 25.-(1) Subject to this Act, the author of a protected work is the first owner
copyright.
of any copyright in that work unless there is an agreement to the contrary.
(2) Subsection (1) shall not apply to copyright subsisting in a work
pursuant to section 144.
(3) Where a protected work is a work of joint authorship the
authors thereof shall be co-owners of any copyright in that work.
(4) Where a protected work has been made by or under the direction
or control of the Government and, apart from this subsection no copyright
would subsist in the work, then copyright shall subsist therein by virtue of
this subsection and shall initially belong to the State.
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(5) The copyright subsisting in a protected work which has, with
the author’s written consent, been first published in Belize by or under the direction
or control of the Government shall initially belong to the State.
(6) Subsection (5) shall have effect subject to any agreement
whereby it is agreed that the copyright in the work shall vest in the author or in
some other person designated in the agreement.
(7) 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.
Assignment of Copyright
26.-(1) Subject to this section, copyright in a work shall be transmissible by
Assignments
assignment, by testamentary disposition or by operation of law, as personal or and licences.
movable property.
(2) An assignment of copyright may be partial, that is, limited so as
to apply (
a)
to one or more, but not all, of the things which, by virtue of
this Act, the owner of the copyright has the exclusive right to
do;
(b)
to part, but not the whole, of the period for which the copyright
is to subsist.
(3) No assignment of copyright (whether total or partial) shall have
effect unless it is in writing signed by or on behalf of the assignor.
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Meaning of
copyright owner.
Prospective
owner of
copyright.
(4) A licence granted by a copyright owner is binding upon every
successor in title to his interest in the copyright, except a purchaser in good
faith for valuable consideration and without notice (actual or constructive) of
the licence or a person deriving title from such a purchaser; and references in
this Act to doing anything with, or without, the licence of the copyright owner
shall be construed accordingly.
27. Where different persons are entitled (whether in consequence of a partial
assignment or otherwise) to different aspects of copyright in a work, the copyright
owner for any purpose of the Act is the person who is entitled to the
aspect of copyright relevant for that purpose.
28.-(1) Where, by an agreement made in relation to any future copyright and
signed by or on behalf of the prospective owner of the copyright, the prospective
owner purports to assign the future copyright (wholly or partially) to another
person (in this subsection referred to as “the assignee”), then if, on the
coming into existence of the copyright, the assignee or a person claiming under
him would be entitled as against all other persons to require the copyright to
be vested in him (wholly or partly, as the case may be), the copyright shall, on
coming into existence, vest in the assignee or his successor in title by virtue of
this subsection.
(2) Where, at a time when any copyright comes into existence,
the person who, if he were then living, would be entitled to the copyright, is
dead, the copyright shall devolve as if it had subsisted immediately before his
death and he had then been the owner of the copyright.
(3) Subsection (4) of section 26 shall apply, in relation to a licence
granted by a prospective owner of any copyright, as it applies in relation to a
licence granted by the owner of a subsisting copyright and as if any reference
in that subsection to the owner’s interest in the copyright included a reference
to his prospective interest therein.
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29. Where under a bequest (whether specific or general) a person is entitled,
beneficially or otherwise, to (
a)
the manuscript or other support on which a literary, dramatic,
musical or artistic work was first expressed in material form;
or
(b)
the material support embodying a sound recording or film,
and the work had not been published before the death of the testator, the bequest
shall, unless a contrary intention is indicated in the testator’s will or a codicil to
it, be construed as including the copyright in the work in so far as the testator
was the owner of the copyright immediately before his death.
30. The rights conferred under Part III are not assignable.
31.-(1) On the death of a person entitled to a right conferred by section 15, 16
or 18 the right passes
(a)
to such person as he may by testamentary disposition
specifically direct; or
(b)
in the absence of any such direction, then in the case of a right
conferred by section 15 or 16 if the copyright in the work in
question forms part of his estate, to the person to whom the
copyright passes,
and if, or to the extent that, the right does not pass under paragraph (a) or (b),
it is exercisable by his legal personal representatives.
(2) Where copyright forming part of a person’s estate passes in
part to one person and in part to another, any part which passes with the copyright
by virtue of subsection (1) is correspondingly divided.
Copyright in
unpublished
works passes
under will.
Moral rights,
etc., not
assignable.
Transmission of
moral rights,
etc., on death.
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Definition of
action.
Infringement.
(3) Where by virtue of paragraph (a) or (b) of subsection (1) a
right becomes exercisable by more than one person, then, (
a)
where the right is conferred by section 16 or 18, it is a right
exercisable by each of them and is satisfied in relation to any
of them if he consents to the treatment or act in question; and
(b)
any waiver of the right in accordance with section 20 by one
of them does not affect the rights of the others.
(4) A consent or waiver previously given binds any person to
whom a right passes by virtue of subsection (1).
(5) Any infringement after a person’s death of the right conferred
by section 17 is actionable by his personal representatives.
(6) Any damages recovered by personal representatives by virtue
of this section in respect of an infringement after a person’s death shall devolve
as part of his estate as if the right of action had subsisted and been vested in
him immediately before his death.
PART V
Infringements of Rights
Economic Rights
32. For the purposes of this Part, the expression “action” includes a counterclaim,
and references to the plaintiff and to the defendant in an action shall be
construed accordingly.
33.-(1) The copyright in a protected work is infringed by any person who,
not being the owner of the copyright and without the licence of the owner
thereof
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(a)
in respect of the work, does, or authorises another person to
do, any of the acts mentioned in section 9, in relation to that
work;
(b)
imports an article (otherwise than for his private domestic use)
into Belize which he knows or has reason to believe, is an
infringing copy of the work;
(c)
in Belize, or on any ship or aircraft registered in Belize (
i)
possesses in the course of business;
(ii)
sells, lets for hire, or by way of trade offers or exposes
for sale or hire; or
(iii)
by way of trade exhibits in public,
an article which he knows or has reason to believe, is an infringing copy of the
work.
(2) Subsection (1) (c) shall apply, in relation to the distribution of
any article either (
a)
for the purposes of trade, or
(b)
for other purposes, but only to such an extent as to affect prejudicially
the owner of the copyright,
as it applies in relation to the sale of an article.
(3) Copyright in a work is infringed by a person who, without the
licence of the copyright owner (
a)
makes;
by exercise of
unauthorised
acts.
by importation
of infringing
articles.
by commercial
dealings in such
articles.
Infringement by
distribution of
infringing
articles.
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Proprietor of
place of public
entertainment
liable for
infringement.
Infringement by
providing
apparatus, etc.,
for giving
infringing
performances.
(b) imports into Belize;
(c) possesses in the course of a business; or
(d) sells or lets for hire or offers for sale or hire,
any 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.
(4) Copyright in a work is infringed by a person who, without the
licence of the copyright owner, transmits the work by means of a
telecommunications system (otherwise than by broadcasting or inclusion in a
cable programme service) knowing or having reason to believe that infringing
copies of the work will be made by means of the reception of the transmission
in Belize or elsewhere.
34. The copyright in a protected work is infringed by any person who, not
being the owner of the copyright and without the licence of the owner thereof,
permits a place of public entertainment to be used for a performance in public
of the work where the performance constitutes an infringement of the copyright
in the work; but this section shall not apply in a case where the person
permitting the place to be used gave the permission gratuitously or for a consideration
which was only nominal.
35.-(1) 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
(a) playing sound recordings;
(b) showing films; or
(c) receiving visual images conveyed by electronic means,
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the persons mentioned in the following subsections are also liable for the infringement.
(2) A person who supplied the apparatus, or any substantial part
of it, is liable for the infringement if, when he supplied the apparatus or part
thereof(
a)
he knew or had reason to believe that the apparatus was likely
to be so used as to infringe copyright; or
(b)
in the case of apparatus whose normal use involves a public
performance, playing or showing, he did not believe on reasonable
grounds that it would not be so used as to infringe
copyright.
(3) An occupier of premises who gave permission for the apparatus
to be brought onto the premises is liable for the infringement 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.
(4) A person who supplied a copy of a sound recording or film
used to infringe copyright is liable for the infringement 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.
Remedies for Infringement of Economic Rights
36.-(1) Subject to this Act, infringements of copyright shall be actionable in
the Supreme Court at the suit of the owner of the copyright; 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 the infringements of other proprietary rights.
Action by owner
of copyright for
infringement.
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(2) Where, in an action for infringement of copyright, it is proved
or admitted that(
a)
an infringement was committed; but
(b)
at the time of the infringement the defendant was not aware,
and had no reasonable grounds for suspecting, that copyright
subsisted in the work to which the action relates,
the plaintiff shall not be entitled under this section to any damages against the
defendant in respect of the infringement but shall be entitled to an account of
profits in respect of the infringement whether any other relief is granted under
this section or not.
(3) Where in an action under this section an infringement of
copyright is proved or admitted, the court, having regard (in addition to all
other material considerations) to the flagrancy of the infringement, and to any
benefit accruing to the defendant by reason of the infringement, shall have
power in assessing damages for the infringement, to award such additional
damages as the court may consider appropriate in the circumstances.
(4) In an action for infringement of copyright in respect of the
construction of a building, no injunction or other order shall be made (
a)
after the construction of the building has been 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.
Order for 37.-(1) Subject to the provisions of this section, where a person
delivery up in
civil
(a)
in the course of his business, has an infringing copy of a work
proceedings.
in his possession, custody or control; or
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(b)
has in his possession, custody or control an article specifically
designed or adapted for making copies of a particular protected
work, knowing or having reason to believe that it has
been or is being used to make infringing copies,
the copyright owner may apply to the court for an order that the infringing copy
or article be delivered up to him or to such other person as the court may direct.
(2) An application under subsection (1) shall not be made after the
end of the period specified in section 136; and no order shall be made unless
the court also makes, or it appears to the court that there are grounds for
making, an order under section 135 for the disposal of the infringing copies.
(3) A person to whom an infringing copy or other article is delivered
up pursuant to an order made under this section shall, if an order under section
135 is not made, retain it until an order or decision is made by the court under
that section.
38.-(1) Subject to any decision of the court under section 135, and to the
conditions specified in subsections (2), (3) and (4), an infringing copy of a work
which is found exposed or otherwise immediately available for sale or hire, and
in respect of which the copyright owner would be entitled to apply for an order
under section 37 may be seized and detained by him or a person authorised by
him.
(2) Before anything is seized under this section notice of the time
and place of the proposed seizure shall be given to a local police station.
(3) At the time that anything is seized under this section there shall
be left at the place where it was seized a notice in the prescribed form containing
the prescribed particulars as to the person by whom or on whose authority the
seizure is made and the grounds on which it is made.
(4) In this section “premises” includes land, buildings, fixed or
Right to seize
infringing
copies, etc.
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Wide injunction
available to
licensing bodies.
Proceedings in
case of copyright
subject to
exclusive licence.
moveable structures, vehicles, vessels and aircraft.
39. Where, in an action under this Part (
a)
the infringement of copyright is proved or admitted; and
(b)
the plaintiff is a licensing body (as defined in section 88); and
(c)
the court, having regard to all material circumstances, is satisfied
that effective relief would not otherwise be available to
the plaintiff,
the court may grant an injunction extending to all the protected works, of
which the plaintiff is the owner of the copyright, notwithstanding that the infringement
related to only one or some of the said works.
40.-(1) For the purpose of this section, the expression
“exclusive licence” means a licence in writing, signed by or on behalf of an
owner or prospective owner of copyright, authorising the licensee, to the exclusion
of all other persons, including the grantor of the licence, to exercise a
right which by virtue of this Act would (apart from the licence) be exercisable
exclusively by the owner of the copyright; and “exclusive licensee” shall be
construed accordingly;
“if the licence had been an assignment” means if, instead of the licence, there
had been granted (subject to terms and conditions corresponding as nearly as
may be with those subject to which the licence was granted) an assignment of
the copyright in respect of its or their application to the doing, at the places
and times authorised by the licence, of the acts so authorised; and
“the other party”, in relation to the owner of the copyright, means the exclusive
licensee, and, in relation to the exclusive licensee, means the owner of the
copyright.
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(2) This section shall have effect as to proceedings in the case of
any copyright in respect of which an exclusive licence has been granted and is
in force at the time of the events to which the proceedings relate.
(3) Subject to the following provisions of this section, the exclusive
licensee shall (except against the owner of the copyright) have the same rights
of action, and be entitled to the same remedies, under section 36 as if the
licence had been an assignment, and those rights and remedies shall be
concurrent with the rights and remedies of the owner of the copyright under
that section.
(4) Where an action is brought either by the owner of the copyright
or by the exclusive licensee, and the action, in so far as it is brought under
section 36, relates (wholly or partly) to an infringement in respect of which they
have concurrent rights of action under that section, the owner or licensee, as
the case may be, shall not be entitled, except with the leave of the court, to
proceed with the action, in so far as it is brought under that section and relates
to that infringement, unless the other party is either joined as a plaintiff in the
action or added as a defendant; but this subsection shall not affect the granting
of an interlocutory injunction on the application of either of them.
(5) In any action brought by the exclusive licensee by virtue of this
section, any defence which would have been available to a defendant in the
action, if this section had not been enacted and the action had been brought by
the owner of the copyright, shall be available to that defendant as against the
exclusive licensee.
(6) Where an action is brought in the circumstances mentioned in
subsection (4) and the owner of the copyright and the exclusive licensee are not
both plaintiffs in the action, the court, in assessing damages in respect of any
such infringement as is mentioned in that subsection(
a)
if the plaintiff is the exclusive licensee, shall take into account
any liabilities (in respect of royalties or otherwise) to which
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the licence is subject; and
(b)
whether the plaintiff is the owner of the copyright or the
exclusive licensee, shall take into account any pecuniary
remedy already awarded to the other party under section 36
in respect of that infringement, or, as the case may require,
any right of action exercisable by the other party under that
section in respect thereof.
(7) Where an action, in so far as it is brought under section 36,
relates (wholly or partly) to an infringement in respect of which the owner of
the copyright and the exclusive licensee have concurrent rights of action under
that section, and in that action (whether they are both parties to it or not) an
account of profits is directed to be taken in respect of that infringement, then,
subject to any agreement of which the court is aware whereby the application
of those profits is determined as between the owner of the copyright and the
exclusive licensee, the court shall apportion the profits between them as the
court may consider just and shall give such directions as the court may consider
appropriate for giving effect to that apportionment.
(8) In an action brought either by the owner of the copyright or
by the exclusive licensee (
a)
no judgment or order for the payment of damages in respect
of an infringement of copyright shall be given or made under
section 36, if a final judgment or order has been given or made
awarding an account of profits to the other party under that
section in respect of the same infringement; and
(b)
no judgment or order for an account of profits in respect of an
infringement of copyright shall be given or made under that
section, if a final judgment or order has been given or made
awarding either damages or an account of profits to the other
party under that section in respect of the same infringement.
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(9) Where, in an action brought in the circumstances mentioned in
subsection (4), whether by the owner of the copyright or by the exclusive licensee,
the other party is not joined as a plaintiff (either at the commencement of the
action or subsequently) but is added as a defendant, he shall not be liable for
any costs in the action unless he enters an appearance and takes part in the
proceedings.
(10) The copyright owner shall notify any exclusive licensee having
concurrent rights before applying under section 37 for an order for the delivery
up of infringing copies of a work or before exercising the right of seizure under
section 38; and the court may, on the application of the licensee, if it thinks fit,
having regard to the terms of the licence, make an order under section 37 or
make an order prohibiting or permitting the exercise by the copyright owner of
the right conferred under section 38.
Moral and Related Rights
41. The right conferred on an author or director of a protected work by
section 15 is infringed by any person who, in relation to the work, does, or
authorises another person to do, any of the acts mentioned in subsections (2),
(3), (4) or (5) of section 15 without the identification of the author or the director,
as the case may be, in accordance with the requirements of that section.
42.-(1) The right conferred on an author or a director by section 16 to object
to derogatory treatment of his work is infringed
(a)
in the case of a literary, dramatic or musical work, by a person
who (
i)
publishes commercially (within the meaning specified
in section 23), performs in public, broadcasts or includes
in a cable programme service, a derogatory
treatment of the work; or
Infringement of
right to be
identified as
author or
director.
Infringement of
right to object to
derogatory
treatment of
work.
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(ii)
issues to the public copies of a film or sound recording
of, or including, a derogatory treatment of the work;
(b)
in the case of an artistic work, by a person who (
i)
publishes commercially (within the meaning specified
in section 23) or exhibits in public, a derogatory treatment
of the work, or broadcasts or includes in a cable
programme service a visual image of a derogatory
treatment of the work;
(ii)
shows in public a film which includes a visual image of
a derogatory treatment of the work or issues to the
public copies of such a film; or
(iii)
in the case of a work of architecture in the form of a
model for a building or in the case of a sculpture or
work of craftsmanship, issues to the public copies of
a graphic work representing, or of a photograph of, a
derogatory treatment of the work;
(c)
paragraph (b) does not apply to a work of architecture in the
form of a building; but where the author of such a work is
identified on the building and it is the subject of derogatory
treatment, he has the right to require the identification to be
removed.
(d)
in the case of a film, the right is infringed by a person who (
i)
shows in public, broadcasts or includes in a cable
programme service a derogatory treatment of the film;
or
(ii)
issues to the public copies of a derogatory treatment
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of the film,
or who, along with the film, plays in public, broadcasts or includes in a cable
programme service, issues to the public copies of, a derogatory treatment of
the film sound-track.
43.-(1) The right conferred by section 16 is also infringed by a person who -Infringement by
possession of
infringing article.
(a)
possesses in the course of a business; or
(b)
sells or lets for hire or offers or exposes for sale or hire; or
(c)
in the course of a business, exhibits in public or distributes; or
(d)
distributes otherwise than in the course of a business, so as to
affect prejudicially the honour or reputation of the author or
director,
an article which is, and which he knows or has reason to believe is, an infringing
article.
(2) In this section an “infringing article” means a work or a copy of
a work which (
a)
has been subjected to derogatory treatment as defined in
section 16 (2); and
(b)
has been or is likely to be the subject of any of the acts
mentioned in section 42 in circumstances infringing that right.
44.-(1) Subject to the provisions of this section, the right conferred on a per-
False attribution
son by section 17 not to have a literary, dramatic, musical or artistic work
of work;
infringement.
falsely attributed to him as its author or a film falsely attributed to him as its
director, is infringed by any person who
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(a)
issues to the public copies of a work of any of those
descriptions in or on which there is a false attribution; or
(b)
exhibits in public an artistic work or a copy of an artistic work
in or on which there is a false attribution.
(2) The right is also infringed by a person who (
a)
in the case of a literary, dramatic or musical work, performs
the work in public, broadcasts it or includes it in a cable
programme service as being the work of a person; or
(b)
in the case of a film, shows it in public, broadcasts it or includes
it in a cable programme service as being directed by a person,
knowing or having reason to believe that the attribution is false.
(3) The right is also infringed by any person who issues to the
public or displays in public any material containing a false attribution in
connection with any act referred to in subsection (1) or (2).
(4) The right is also infringed by a person who, in the course of a
business (
a)
possesses or deals with a copy of a work referred to in subsection
(1) in or on which there is a false attribution; or
(b)
in the case of an artistic work, possesses or deals with the
work itself when there is a false attribution in or on it,
knowing or having reason to believe that there is an attribution and that it is
false.
(5) In the case of an artistic work, the right is also infringed by a
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person who in the course of a business
(a)
deals with a work which has been altered after the author
parted with possession of it as being the unaltered work of the
author; or
(b)
deals with a copy of such a work as being a copy of the
unaltered work of the author,
knowing or having reason to believe that such is not the case.
(6) In this section (
a)
“attribution” in relation to a work means a statement (express
or implied) as to who is the author or director;
(b)
references to dealing are to selling or letting for hire, offering or
exposing for sale or hire, exhibiting in public or distributing.
(7) This section applies where, contrary to the fact(
a)
a literary, dramatic or musical work is falsely represented as
being an adaptation of the work of a person; or
(b)
a copy of an artistic work is falsely represented as being a
copy made by the author of the artistic work,
as it applies where the work is falsely attributed to a person as author.
45.
The right conferred by section 18 in relation to a commissioned photo-Infringement of
privacy right
graph or film is infringed by a person who does or authorises the doing of any
respecting
act mentioned in that section in relation to that work; but the right is not in-
photographs,
fringed by any of the following acts to the extent that, pursuant to Part VI, such etc.
act would not infringe copyright in the work
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(a)
the incidental inclusion of the work in an artistic work, film
broadcast or cable programme (section 59);
(b)
acts done for the purposes of parliamentary or judicial
proceedings, or statutory inquiries (section 71).
Remedies for Infringement of Moral Rights
and Related Rights
Remedies for 46.-(1) The infringement of a right conferred under sections 15, 16, 17 or 18
infringing moral is actionable as a breach of statutory duty owed to the person entitled to the
rights, etc.
right.
(2) In an action for infringement of the right conferred by section
16, the court may, if it thinks it an adequate remedy in the circumstances, grant
an injunction on terms prohibiting the doing of any act unless a disclaimer is
made on such terms and in such manner as may be approved by the court,
dissociating the author or director from the treatment of the work.
(3) Where in any action an infringement of a right referred to in
subsection (1) is proved or admitted, the court may order the defendant to
publish such correction in such terms and in such newspaper as the court may
direct.
Presumptions
Presumptions as 47. In an action brought by virtue of this Part to
subsistence
and ownership
(a)
copyright shall be presumed to subsist in the work to which
of copyright.
the action relates if the defendant does not put in issue the
question whether copyright subsists therein;
(b)
where the subsistence of the copyright is proved or admitted
or is presumed in pursuance of paragraph (a), the plaintiff
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shall be presumed to be the owner of the copyright, if he claims
to be the owner of the copyright and the defendant does not
put in issue the question of his ownership thereof; and
(c)
if the question arises whether an article is an infringing copy of
a work and it is shown(
i) that the article is a copy of the work; and
(ii) that copyright subsists in the work or has subsisted at
any time,
it shall be presumed until the contrary is proved that the article was made at a
time when copyright subsisted in the work.
48.-(1) Subject to section 47, where, in the case of a protected work, a name
purporting to be that of the author appears on copies of the work as published
or, in the case of an artistic work, appeared on the work when it was made, the
person whose name so appears (if it is his true name or a name by which he is
commonly known) shall, in any action brought by virtue of this Part, be presumed,
unless the contrary is proved, to be the author of the work.
(2) In the case of a work alleged to be a work of joint authorship,
subsection (1) shall apply in relation to each person alleged to be one of the
authors of the work, as if references in that subsection to the author were
references to one of the authors.
(3) Where, in an action brought by virtue of this Part with respect
to a protected work, subsection (1) does not apply, but it is established that(
a)
pursuant to paragraph (b) (i) of section 8 (1), the work qualifies
for copyright protection by virtue of the country of first
publication; and
Presumption in
relation to authorship
of
protected
works;
ownership;
originality;
publication.
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-owership.
- originality.
-publication.
Presumptions
where action
relates to sound
recordings, films,
and computer
programs.
- ownership.
(b)
a name purporting to be that of the publisher appeared on
copies of the work as first published,
then, unless the contrary is proved, copyright shall be presumed to subsist in
the work and the person whose name so appeared shall be presumed to have
been the owner of that copyright at the time of the publication.
(4) Where in an action brought by virtue of this Part with respect
to a protected work it is established that the author of the work is dead (
a)
the work shall be presumed to be an original work unless the
contrary is proved; and
(b)
if it is alleged by the plaintiff that a publication specified in the
allegation was the first publication of the work and that it took
place in a country and on a date so specified, that publication
shall be presumed, unless the contrary is proved, to have been
the first publication of the work and to have taken place in
that country and on that date.
(5) For the purposes of this section, a fact shall be taken to be
established if it is proved or admitted or if it is presumed in pursuance of this
section.
49.-(1) In an action brought by virtue of this Part with respect to a sound
recording, film or computer program, the presumptions specified in this section
shall apply.
(2) In an action 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 owner of copyright in the
recording at the date of issue of the copies; or
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(b)
that the recording was first published in a specified year in a - publication.
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.
(3) In an action with respect to a film, where copies of the film as
issued to the public bear a statement (
a)
that a named person was the author or director of the film; -author/director.
(b)
that a named person was the owner of copyright in the film at - ownership.
the date of issue of the copies; or
(c)
that the film was first published in a specified year or in a specified - publication.
country,
the statement shall be admissible as evidence of the facts stated and shall be
presumed to be correct until the contrary is proved.
(4) In an action with respect to computer programs, 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 - ownership.
at the date of issue of the copies; or
(b)
that the program was first published in a specified country or -publication.
that copies of it were first issued to the public in electronic
form in a specified year,
the statement shall be admissible as evidence of the facts stated and shall be
presumed to be correct until the contrary is proved.
(5) The presumptions specified in subsections (2), (3) and (4) apply
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equally in an action relating to an infringement alleged to have occurred before
the date on which the copies were issued to the public.
(6) In an action with respect to a film, where the film as shown in
public, broadcast or included in a cable programme service bears a statement-
author/director (a)
that a named person was author or director of the film;
- ownership. (b)
that a named person was the owner of copyright in the film
immediately after it was made,
the statement shall be admissible as evidence of the facts stated and shall be
presumed to be correct until the contrary is proved; and the presumption applies
equally in an action relating to an infringement alleged to have occurred
before the date on which the film as shown in public, broadcast or included in
a cable program service.
Withdrawal of 50.-(1) In this section privilege
against
incrimination of
“related offence”, in relation to any proceedings to which subsection (2) ap
self or spouse in
plies means
infringement and
related
proceedings. (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;
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“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 would tend to expose that person,
or his or her 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
(b)
from complying with any order made in those proceedings.
(3) Subsection (2) applies to the following civil proceedings in the
Supreme Court, namely (
a)
proceedings for infringement of copyright;
(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
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a person
(a)
in answering a question put to him in any proceeding 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 injury or contempt of court.
(6) Any reference in this section to civil proceedings in the Supreme
Court of any description includes a reference to proceedings on appeal arising
out of civil proceedings in the Supreme Court of that description.
Provision for 51.-(1) The owner of the copyright in any published literary or musical work
restricting
or in any film or published sound recording may give notice in writing to theimportation of
Comptroller of Customs
infringing
copies.
(a)
that he is the owner of the copyright in the work, film or sound
recording; and
(b)
that he requests the Comptroller, during a period specified in
the notice, to treat as prohibited goods copies of the work,
film 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
may subsist.
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(2) This section applies, in the case of a literary or musical work,
film or sound recording, to any copy made outside Belize which is an infringing
copy of the work, film or sound recording.
(3) Where a notice has been given under this section in respect of
a literary or musical work, film or sound recording, and has not been withdrawn,
the importation into Belize, at a time before the end of the period specified in
the notice, of any copy of the work, film 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 the copyright in a literary or musical work, film
or sound recording who gives notice to the Comptroller under this section shall
comply with such conditions with respect to (
i)
the form of the notice;
(ii)
the furnishing of evidence, whether on giving notice, or
on the importation of the goods, or at both such times;
(iii)
the payment of fees in respect of the notice;
(iv)
the giving of security in respect of any liability or expense
which the comptroller may incur in consequence
of the notice by reason of the detention of any
article or anything done to an article detained;
(v)
the indemnification of the Comptroller against any liability
or expenses, whether security has been given
or not; and
(vi)
any other incidental or supplementary matters,
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as may be prescribed, and different provisions may be prescribed for different
classes of cases.
CAP. 49. (5) Notwithstanding anything in the Customs Regulation 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.
Offences
Penalties in 52.-(1) Any person who, without the licence of the copyright owner, at a time
respect of when copyright in a work subsists by virtue of this Act dealings
which
infringe
copyright. (a) makes for sale or hire; or
(b) in the course of a business sells or lets for hire, or offers or
exposes for sale or hire, exhibits in public or distributes; or
(c)
imports into Belize for purposes other than his private and
domestic use; or
(d)
distributes otherwise than in the course of a business to such
an extent as to affect prejudicially the owner of the copyright;
or
(e)
possesses in the course of business with a view to committing
any act infringing the copyright,
any article which he knows or has reason to believe is an infringing copy of
that work, commits an offence.
(2) Any person who, at the time when copyright subsists in a work
by virtue of this Act makes or has in his possession an article specifically
designed or adapted for making copies of a particular protected work, knowing
that it is to be used for making infringing copies for sale or hire or for use in the
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course of business, commits an offence.
(3) Any person who causes(
a)
a literary, dramatic or musical work to be performed in public;
or
(b)
a sound recording or film to be played, or as the case may be,
shown in public,
(otherwise than by reception of a broadcast or cable program) knowing or
having reason to believe that copyright subsists in the work or that the performance
constitutes an infringement of the copyright, commits an offence.
(4) Any person who is guilty of an offence under subsection (1)
shall be liable on summary conviction in the case of a first conviction, to a fine
not exceeding one thousand dollars for each article to which the offence related,
and in the case of any subsequent conviction, to a fine not exceeding one thousand
five hundred dollars for each such article, or to imprisonment for a term not
exceeding twelve months.
(5) Any person who is guilty of an offence under subsection (2) or
subsection (3) shall be liable on summary conviction in the case of a first
conviction, to a fine not exceeding three thousand dollars and in the case of any
subsequent conviction, to a fine not exceeding five thousand dollars or to
imprisonment for a term not exceeding two years.
53. The presumptions specified in sections 47 to 49 do not apply to proceedings
for an offence under section 52, but without prejudice to their application
in proceedings for an order under section 54.
54.-(1) Subject to subsection (2), the court before which proceedings are
brought against a person for an offence under section 52 may, if it is satisfied
that at the time of his arrest or charge
Presumptions
not to apply.
Order to deliver
up in criminal
proceedings.
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(a)
he had in his possession, custody or control in the course of a
business an infringing copy of a protected work; or
(b)
he had in his possession, custody or control an article
specifically designed or adapted for making copies of a
particular protected work knowing or having reason to believe
that it had been or was to be used to make infringing copies,
order that the infringing copy or article be delivered up to the copyright owner
or to such other person as the court may direct.
(2) An order may be made by the court of its own motion or on
the application of the prosecution and may be made whether or not the person
is convicted of the offence, so, however, that the court shall not make an
order(
a)
after the time specified in section 136; or
(b)
if it appears to the court unlikely that any order will be made
under section 135.
(3) An appeal lies from an order made under this section by a
defendant to the Supreme Court.
(4) A person to whom an infringing copy or other article is delivered
up in pursuance of an order under this section shall retain it pending the making
of an order or the decision not to make an order under section 135.
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PART VI
Exceptions to Infringement of Copyright
Preliminary
55. For the purposes of this Part -Definitions.
“facsimile copy” includes a copy which is reduced or enlarged in scale;
“reprographic process” means a process (
a) for making facsimile copies; or
(b) involving the use of an appliance for making multiple copies,
and includes, in relation to a work held in electronic form, any copying by
electronic means, but does not include the making of a film or sound recording;
“sufficient acknowledgement” means an acknowledgement identifying the work
in question by its title or other description and, unless the work is anonymous,
or the author has previously agreed or required that no acknowledgement of
his name should be made, also identifying the author.
General Exceptions
56.-(1) Subject to subsection (2) and section 58, fair dealing with a protected Research and
work for the purposes of research or private study does not infringe copyright private study.
in the work.
(2) Copying by a person other than the researcher or student himself
is not fair dealing if (
a) in the case of a librarian, or a person acting on behalf of a
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Criticism, review
and reporting.
Determining fair
dealing.
librarian, he does anything which Regulations under section
66 would not permit to be done under section 67 or 68 (articles
or parts of published works; restriction on multiple copies of
same material); or
(b)
in any other case, the person doing the copying knows or has
reason to believe that it will result in copies of substantially the
same material being provided to more than one person at
substantially the same time and for substantially the same
purpose.
57.-(1) Subject to section 58, fair dealing with a work for the purpose of
criticism or review, of that or another work or of a performance of a work,
does not infringe any copyright in the work provided it is accompanied by a
sufficient acknowledgement.
(2) Subject to subsection (3) and section 58, fair dealing with a
protected work (other than a photograph) for the purpose of reporting current
events does not infringe copyright in the work so long as it is accompanied by
a sufficient acknowledgement.
(3) No acknowledgement is required in connection with the
reporting of current events by means of a sound recording, film, broadcast or
cable program.
58. For the purpose of determining whether an act done in relation to a work
constitutes fair dealing, the court determining the question shall take account
of all factors which appear to it to be relevant, including (
a)
the nature of the work in question;
(b)
the extent and substantiality of that part of the work affected
by the act in relation to the whole of the work;
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(c)
the effect of the act upon the potential market for, or the
commercial value of, the work; and
(d)
the purpose and character of the use.
59. Copyright in a work is not infringed (
a)
by its incidental inclusion in an artistic work, sound recording,
film, broadcast or cable program; or
(b)
by the issue to the public of copies or the playing, showing,
broadcasting or inclusion in a cable program service of anything
whose making was not an infringement of copyright by virtue
of paragraph (a),
and for the purposes of this section, a musical work, words spoken or sung
with music, or so much of a sound recording, broadcast or cable program as
includes a musical work or such words, shall not be regarded as incidentally
included if it is deliberately included.
Use of Work for Educational Purposes
60.-(1) Copyright in a literary, dramatic, musical or artistic work is not infringed
by its being copied in the course of instruction or of preparation for
instruction, provided the copying is done by a person giving or receiving instruction
and is not by means of a reprographic process.
(2) Copyright in a sound recording, film, broadcast or cable
program is not infringed by its being copied by making a film or film sound-
track in the course of instruction or of preparation for instruction in the making
of films or film sound-tracks, provided the copying is done by a person giving
or receiving instruction.
(3) Copyright in a work is not infringed by anything done for the
Incidental
inclusion of
protected work.
Acts done for
purposes of
instruction or
examination.
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purposes of an examination by way of setting the questions, communicating
the questions to candidates or answering the questions.
Anthologies for 61.-(1) The inclusion, in a collection intended for use in educational institutions,
educational use.
of a short passage from a published literary or dramatic work does not infringe
copyright in the work if
(a)
the collection is described in the title and in any advertisements
thereof issued by or on behalf of the publisher, as being so
intended;
(b)
the work was not itself published for the use of educational
institutions;
(c)
the collection consists mainly of material in which no copyright
subsists;
(d)
not more than one other such passage or part from works by
the same author is published by the same publisher within the
period of five years immediately preceding the publication of
that collection; and
(e)
the inclusion is accompanied by a sufficient acknowledgement.
(2) Subsection (1) does not authorise the inclusion of more than
two excerpts from protected works by the same author in collections published
by the same publisher over any period of five years.
(3) In relation to any given passage, the reference in subsection
(2) to excerpts from works by the same author(
a)
shall be taken to include excerpts from works by him in
collaboration with another; and
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(b)
if the passage in question is from such a work, shall be taken
to include excerpts from works by any of the authors, whether
alone or in collaboration with another.
62.-(1) The performance of a literary, dramatic or musical work before an
audience consisting of teachers and pupils at an educational establishment and
other persons directly connected with the activities of the establishment
(a)
by a teacher or pupil in the course of the activities of the
establishment, or
(b)
at the establishment by any person for the purposes of
instruction,
is not a public performance for the purposes of infringement of copyright.
(2) The playing or showing of a sound recording, film, broadcast
or cable program before such an audience at an educational establishment for
the purposes of instruction is not a playing or showing of the work in public for
the purposes of infringement of copyright.
(3) A person is not for this purpose directly connected with the
activities of the educational establishment simply because he is the parent of the
pupil at the establishment.
63.-(1) Subject to subsection (2), a recording of a broadcast or cable program
or a copy of such a recording may be made by or on behalf of an educational
establishment for the educational purposes of that establishment without
thereby infringing the copyright in the broadcast or cable program or in any
work included in it.
(2) Subsection (1) shall not apply if or to the extent that, there is a
licensing scheme under which licences are available authorising the making of
such recordings or copies, and the person making the recordings knows or
Performing,
playing or
showing works
in course of
activities of
educational
establishment.
Recording of
broadcasts, etc.,
at educational
establishments.
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Restriction on
reprographic
copying from
published works.
Subsequent
dealings with
authorised copies.
ought to have been aware of that fact.
64.-(1) Subject to the provisions of this section, reprographic copies of passages
from published literary, dramatic or musical works may be made by or
on behalf of an educational establishment for the purposes of instruction without
infringing any copyright in the work or in the typographical arrangement.
(2) Not more than five per cent of any work may be copied by or
on behalf of an educational establishment by virtue of this section in any quarter,
that is to say, in any period 1st January to 31st March, 1st April to 30th June,
1st July to 30th September or 1st October to 31st December.
(3) Copying is not authorised by this section if, or to the extent
that, there is a licensing scheme under which licences are available authorising
the copying in question and the person making the copies knows or ought to
have been aware of that fact.
(4) Where a licence is granted to an educational institution
authorising the reprographic copying of passages from any published literary,
dramatic or musical work, for use by the institution, then, any term of that
licence which purports to restrict the proportion of work which may be copied
(whether on payment or free of charge) to less than that permitted under this
section shall be of no effect.
65.-(1) Where a copy of a work would be an infringing copy if the making
thereof were not authorised under sections 60, 63 and 64 and such copy is
subsequently dealt with, it shall be treated as an infringing copy for the purposes
of that dealing, and if that dealing infringes copyright, for all subsequent
purposes.
(2) In subsection (1) “dealt with” means sold, or let for hire or
offered or exposed for sale or hire.
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Exceptions affecting Libraries and Archives
66.-(1) In sections 67 to 70 references to the librarian or archivist include
references to a person acting on his behalf.
(2) Regulations may provide that a librarian or archivist who is
required to be satisfied as to a matter before making or supplying a copy of a
work (
a)
is entitled to rely on a declaration as to that matter, signed by
the person requesting the copy, unless he is aware that the
declaration is false in any material particular; and
(b)
in such cases as may be prescribed, shall not make or supply a
copy to any person in the absence of a declaration by that
person.
(3) Where a person requesting a copy makes a declaration that is
false in a material particular and is supplied with a copy which would have been
an infringing copy if made by him, that person shall be liable for infringement of
copyright as if he had made the copy himself, and the copy supplied shall be
treated as an infringing copy.
67.-(1) The librarian of a prescribed library or archive may, if the prescribed
conditions are compiled with
(a)
make and supply a copy of an article in a periodical; or
(b)
make and supply from a published edition, a copy of part of a
literary, dramatic work or musical work, not being an article in
a periodical,
without infringing any copyright subsisting in the text of the article or in the
work, as the case may be, or in any illustrations accompanying such article or
Interpretation of
references;
regulations.
Supply by
librarian of
copies of
published work.
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work, or in the typographical arrangement thereof.
(2) The conditions prescribed pursuant to subsection (1) shall
include the following (
a)
that copies shall be supplied only to persons satisfying the
librarian that they require them for purposes of research or
private study, and will not use them for any other purpose;
(b)
in relation to an article, that no person shall be furnished with
more than one article contained in the same issue of a periodical;
(c)
in relation to a work referred to in paragraph (b) of subsection
(1), that no person shall be furnished with more than one copy
of the same material or of a copy of more than a reasonable
proportion of any work;
(d)
that persons to whom copies are supplied are required to pay
for them a sum not less than the cost (including a contribution
to the general expenses of the library) attributable to their
production;
(e)
that a copy shall be supplied only to a person satisfying the
librarian that his requirement is not related to any similar
requirement of another person;
(f)
that requirements shall be regarded as similar if the requirements
are for copies of substantially the same material at substantially
the same time and for substantially the same purpose; and
(g)
that requirements of persons shall be regarded as related if
those persons receive instruction to which the material is
relevant at the same time and place.
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68.-(1) The librarian of a prescribed library or archive may if the prescribed
conditions are complied with, make and supply to another prescribed library or
archive a copy of
(a)
an article in a periodical; or
(b)
the whole or part of a published edition of a literary, dramatic,
musical, or artistic work,
without infringing any copyright in the text of the article or the work, or in any
illustrations accompanying such article or work or, in the case of a published
edition, in the typographical arrangement.
(2) Paragraph (b) of subsection (1) shall not apply if, at the time
the copy is made, the librarian making it knows or could, by reasonable inquiry,
ascertain the name and address of a person entitled to authorise the making of
the copy.
69.-(1) The librarian of a prescribed library or archive may, if the prescribed
conditions are complied with, make a copy from any item in the permanent
collection of the library or archive for the purpose of
(a)
preserving or replacing the item by placing the copy in such
permanent collection in addition to or in place of the item; or
(b)
replacing in the permanent collection of another prescribed
library or archive an item which has been lost, destroyed or
damaged,
without infringing the copyright in any literary, dramatic or musical work, in any
illustrations accompanying such a work or, in the case of a published edition, in
the typographical arrangement.
(2) The prescribed conditions shall include provisions restricting
Supply of
copies to other
libraries.
Replacing
copies of works.
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the making of copies to cases where it is not reasonably practicable to purchase
a copy of the item in question for the purpose.
Copying of 70.-(1) Subject to subsection (2), the librarian of a prescribed library or archive
unpublished may, if the prescribed conditions are complied with, make and supply a copy
work.
of the whole or part of a literary, dramatic or musical work from a document in
the library or archive without infringing any copyright in the work or in any
illustrations accompanying it.
(2) Subsection (1) shall not apply where (
a)
the work is published at the time when the copies are made;
or
(b)
the copyright owner has prohibited copying of the work,
and at the time of the making of the copy the librarian ought to have been
aware of that fact.
(3) The prescribed conditions shall include the following (
a)
that copies are supplied only to persons satisfying the librarian
that they require them for purposes of research or private study
and will not use them for any other purpose;
(b)
that no person is furnished with any more than one copy of the
same material; and
(c)
that persons to whom copies are supplied are required to pay
for them a sum not less than the cost (including a contribution
to the general expenses of the library or archive) attributable
to their production.
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Exceptions Relating to Public Administration
71.-(1) Copyright in a work is not infringed by anything done for the purposes
of parliamentary or judicial proceedings or, subject to subsection (3), for the
purposes of reporting such proceedings.
(2) Copyright in a work is not infringed by anything done for the
purposes of the proceedings of a statutory inquiry or, subject to subsection (3),
for the purposes of reporting any such proceedings held in public.
(3) The provisions of subsections (1) and (2) relating to the reporting
of proceedings shall not be construed as authorising the copying of a work
which is itself a published report of the proceedings.
(4) Copyright in a work is not infringed by the issue to the public of
copies of the report of a statutory inquiry containingthe work or material from it
(5) In this section, “statutory inquiry” means an inquiry held or
investigation conducted in pursuance of a duty imposed or power conferred by
or under an enactment.
72. Where any protected work or a reproduction of any such work is comprised
in any public record which is under the charge of the Keeper of the
Records and is open to public inspection, the copyright in the work is not infringed
by the making or supplying to any person of any copy of the work by or
under the direction of any officer authorised by the Keeper of Records.
Designs
73.-(1) It is not an infringement of any copyright in a design document or in a
model that records or embodies a design for anything (except an artistic work
or a typeface) to make an article to the design or to copy an article made to the
design.
Parliamentary
and judicial
proceedings and
statutory
inquiries.
Public records.
Design
documents and
models.
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Where design
derived from
artistic work is
exploited.
(2) It is not an infringement of any copyright to issue to the public
or to include in a film, broadcast or cable programme service anything the
making of which was, by virtue of subsection (1), not an infringement of that
copyright.
(3) In this section “
design” means the design of any aspect of the shape or configuration (whether
internal or external) of the whole or part of an article, other than surface decoration;
and
“design document” means any record of a design, whether in the form of a
drawing, a written description, a photograph, data stored in a computer or
otherwise.
74.-(1) Where an artistic work has been exploited by or with the licence of
the copyright owner by
(a)
making by an industrial process articles falling to be treated
under this Act as copies of the work; and
(b)
marketing such articles in Belize or elsewhere,
then, after the end of the period of twenty-five years from the end of the
calendar year in which such articles are first marketed, a person may, without
infringing copyright in the work, copy the work by making articles of any
description or by doing anything for the purpose of making articles of any
description, or by doing anything in relation to articles so made.
(2) Where only part of an artistic work is exploited in the manner
described in subsection (1), then, the provisions of that subsection apply only
in relation to that part.
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(3) The Minister may by Order make provision (
a)
as to the circumstances in which an article or any description
of an article is to be regarded for the purposes of this section
as made by an industrial process;
(b)
excluding from the operation of this section such articles of a
primarily literary or artistic character as he thinks fit.
(4) In this section (
a)
references to articles do not include films; and
(b)
references to the marketing of an article are to its being sold
or let for hire or offered or exposed for sale or hire.
Exception Relating to Works in Electronic Form
75.-(1) Where a work in electronic form has been purchased on terms which
Transfer of
works in
expressly or impliedly or by virtue of any rule of law, allow the purchaser to
electronic form.
copy the work or to adapt it or to make copies of an adaptation in connection
with his use of it, then, in the absence of any express terms
(a)
prohibiting the transfer of the copy by the purchaser or imposing
obligations which continue after a transfer, or prohibiting the
assignment of any licence or terminating any licence on a
transfer; or
(b)
providing for the terms on which a transferee may do the things
which the purchaser was permitted to do,
anything which the purchaser was allowed to do may also be done by a transferee
without infringement of copyright.
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(2) Any copy, adaptation or copy of an adaptation made by the
purchaser which is not also transferred shall, after the transfer, be treated as an
infringing copy for all purposes.
(3) Subsections (1) and (2) apply where the original purchased
copy is no longer usable and what is transferred is a further copy used in its
place.
(4) This section applies also on a subsequent transfer, with the
substitution for references in subsection (2) to the purchaser of references to
the subsequent transferor.
Miscellaneous Exceptions relating to Literary, Dramatic, Musical and
Artistic Works
Statutory 76.-(1) Where by virtue of an assignment or licence a person is authorised to
licences: broadcast or include in a cable program service, a literary, dramatic, musical
recordings for
or artistic work or a film or sound recording from a place in Belize but (apart
broadcasting.
from this subsection) would not be entitled to make copies of it, then, subject
to the conditions specified in subsection (2), the authority contained in the
assignment or licence shall be deemed to extend to making one copy only for
the purposes, and subject to the conditions, in subsection (2).
(2) Subsection (1) shall apply only if the following conditions are
satisfied (
a)
the copy shall not be used for making any further copies or for
any other purpose except either for broadcasting or inclusion
in a cable program service in accordance with the
assignment or licence, or for archival purposes; and
(b)
the copy (unless kept for archival purposes) shall be destroyed
before the end of the period of ninety days beginning with the
day on which it is first used for broadcasting or included in a
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cable program service in pursuance of the assignment or
licence, or such extended period (if any) as may be agreed
between the person who made the copy and the person who
(in relation to the making of copies of the description in question)
is the owner of the copyright.
(3) A copy made in accordance with subsection (1) shall be treated
as an infringing copy (
a)
for the purposes of any use in breach of condition (a) of subsection
(2), and
(b)
for all purposes after that condition or condition (b) of subsection
(2) has been broken.
(4) Where records of a literary, dramatic or musical work have, making of
with the licence of the owner of the copyright in the work, been previously records;
made in Belize or imported into Belize, for the purposes of retail sale, then, any
person may after the expiry of the period of four months immediately following
upon the date of the first authorised manufacture in, or importation into, Belize
of such records, and without first obtaining a licence from the owner of the
copyright in the work, make or authorise the making of records of it provided
that (
a)
the person intends to sell the records by retail, or to supply
them for the purpose of being sold by retail by another person,
or intends to use them for making other records which are to
be sold or supplied; and
(b)
the person pays royalties calculated at the prescribed rates;
and
(c)
the person complies with such conditions relating to notice,
method and time of payment, administration of royalties paid
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and other matters, as may be prescribed; and
(d)
the person who makes or authorises the making of records
pursuant to this subsection shall not make or authorise the
making of any alterations in, or omissions from the work, unless
records of that work containing similar alterations and
omissions have been previously made by, or with the licence
of, the owner of the copyright or unless such alterations and
omissions are reasonably necessary for the adaptation of the
work to the record in question.
simultaneous (5) Where a literary, dramatic, musical or artistic work or film or
transmission by
sound recording is broadcast with the licence of the copyright owner, any
cable of broadcast
person may, without obtaining the licence of the copyright owner incorporate
programmes.
(by means of the reception of the broadcast) the work in a cable program
service:
Provided that
(a)
the transmission by the cable service takes place simultaneously
with the reception of the broadcast; and
(b)
the program in which the literary, dramatic, musical or artistic
work or film or sound recording is incorporated, is transmitted
without any alteration of any kind; and
(c)
the copyright owner shall be entitled to receive from the person
providing the cable program service, equitable remuneration
in respect of the transmission, to be fixed in default of
agreement, by the Supreme Court,
and for the purposes of this subsection, an alteration to a program includes the
addition thereto of new material not contained in the program as broadcast, or
the omission from the transmission of any material contained in the program as
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broadcast; and the term “material” includes a commercial advertisement.
77.-(1) The reading or recitation in public of any reasonable extract from a
published literary or dramatic work is not an infringement of copyright in the
work, if accompanied by a sufficient acknowledgement.
(2) Copyright in a work is not infringed by the making of a sound
recording, or the broadcasting or inclusion in a cable program service of a
reading or recitation which, by virtue of subsection (1), does not infringe copyright
in the work, provided that the recording, broadcast or cable program consists
mainly of material in relation to which it is not necessary to rely on that subsection.
78.-(1) This section applies to
(a)
buildings;
(b)
sculptures, models of buildings and works of artistic
craftsmanship, if permanently situated in a public place or in
premises open to the public.
(2) The copyright in such a work is not infringed by (
a)
making a graphic work representing it;
(b)
making a photograph or film of it; or
(c)
broadcasting or including in a cable program service a visual
image of it.
(3) The copyright in such a work is not infringed by the issue to the
public of copies, or the broadcasting or inclusion in a cable program service, of
anything whose making was, by virtue of this section, not an infringement of
copyright.
Reading or
recitation in
public.
Representation
of artistic works
on public
display.
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Reconstruction of
buildings.
Subsequent work
by same artist.
Recording
broadcasts for
programme
supervision.
Recording for
purposes of time
shifting.
Provision of
subtitled copies of
broadcast or cable
programme.
79. Anything done for the purposes of reconstructing a building does not
infringe any copyright in the building or in any drawings or plans in accordance
with which the building was, by or with the licence of the copyright owner,
constructed.
80. Where the author of an artistic work is not the copyright owner, he does
not infringe the copyright in the work by copying it in making another artistic
work, provided he does not repeat or imitate the main design of the earlier
work.
Miscellaneous Exceptions Respecting Broadcasts
81. Copyright is not infringed by the making or use by a prescribed broadcasting
organisation for the purpose of maintaining supervision and control
over programs, of recordings of those programs.
82. The making for private and domestic use of a recording of a broadcast or
cable program solely for the purpose of enabling it to be viewed or listened to
at a more convenient time does not infringe any copyright in the broadcast or
cable program or in any work included in it.
83.-(1) A designated body may, for the purpose of providing people who
are hearing-impaired, or physically or mentally handicapped in other ways,
with copies which are sub-titled or otherwise modified for their special needs,
make copies of television broadcasts or cable programs and issue copies to
the public, without infringing any copyright in the broadcasts or cable programs
or works included in them.
(2) A “designated body” means a body designated for the
purposes of this section by Order of the Minister, who shall not designate a
body unless he is satisfied that it is not established or conducted for profit.
(3) An Order made under subsection (1) shall be subject to
negative resolution by the House of Representatives.
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Adaptations
84. An act which by virtue of this Part may be done without infringing copy-Adaptations.
right in a literary, dramatic or musical work does not, where that work is an
adaptation, infringe any copyright in the work from which the adaptation was
made.
Prescribed Exceptions
85.-(1) The Minister may, by Order, provide that the copyright in a work, or in
Power of
works within a category, specified in the Order is not infringed where in relation
Minister to
prescribe
to such work, or works, such acts as are specified in the Order are done in
exceptions to
certain circumstances specified in the Order.
infringement.
(2) An Order made under subsection (1) may (
a)
contain such consequential, supplemental or ancillary provisions
as appear to the Minister to be necessary or expedient for the
purpose of giving due effect to the Order;
(b)
after consultation with the National Arts Council and other
bodies representing artists, writers, composers and performers,
prescribe a formula for the calculation of the amount which
shall be paid by way of equitable remuneration to the owner of
the copyright in any work to which the order relates.
(3) No Order may be made under this section unless the Minister
is satisfied (
a)
that the acts specified are to be done in connection with an
event of national importance, and
(b)
that the effect of the Order would not contravene any Convention
relating to copyright to which Belize is a party.
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Jurisdiction of
Supreme Court.
Procedure in
proceedings
before Supreme
Court.
PART VII
Copyright Licensing
Licensing schemes and licensing bodies
86. Subject to this Act, the Supreme Court shall have jurisdiction (
i)
to determine any dispute which may be referred to it
pursuant to any provision of this Part;
(ii)
to fix the amount of equitable remuneration or compensation
which by any provision of this Act is required
to be fixed by the Supreme Court, in any case
where there has been no agreement between a person
and the owner of the copyright as to the amount
of remuneration or compensation payable in respect
of the use of the work or performance; and
(iii)
to grant consent on behalf of a performer pursuant to
section 134.
87.-(1) The procedure regulating the making of references and applications
to the Supreme Court and proceedings before the Supreme Court arising out
of the jurisdiction conferred on the Supreme Court by this Part, and as to the
fees chargeable in respect of those proceedings shall be prescribed by rules of
court.
(2) The Supreme 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 costs or direct in what
manner they are to be taxed.
(3) Where THE
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(a)
the Supreme Court makes an order by way of this Part, the
Supreme 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
Supreme Court;
(b)
the Supreme Court fixes an amount of equitable remuneration
or compensation pursuant to paragraph (ii) of section 86, 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.
88.-(1) For the purposes of this Act -Licensing
schemes and
licensing
(a)
“copyright licence” means a licence to do, or authorise the doing
bodies.
of, any of the acts restricted by copyright in relation to works
of more than one author;
(b)
“licensing body” means a society or other organisation which
has as its main object, or one of its main objects, the negotiation
or granting, either as owner or prospective owner of copyright
or as agent for him, of copyright licences, and whose objects
include the granting of licences covering works of more than
one author;
(c)
“licensing scheme” means a scheme operated by a licensing
body setting out (
i)
the classes of case in which the licensing body, or the
persons on whose behalf it acts, is willing to grant copyright
licenses; and
(ii)
the terms on which licences would be granted in those
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classes of case, and for this purpose a “scheme” includes any
thing in the nature of a scheme, whether described as a scheme
or as a tariff or by any other name.
(2) References in this Part to licences or licensing schemes covering
works of more than one author do not include licences or schemes covering
only (
a)
a single collective work or collective works of which the authors
are the same; or
(b)
works made by, or by employees of or commissioned by, a
single individual, firm, company or group of companies.
(3) For the purpose of subsection (2) (b) “group” in relation to a
company means that company and(
a)
any other company which is its holding company or subsidiary;
(b)
any other company which is a subsidiary of the holding
company;
(c)
any company which directly or indirectly controls or is
controlled by any company referred to in paragraph (a) or
(b); and
(d)
any company which is controlled by a person who directly or
indirectly controls a company referred to in paragraph (a),
(b) or (c).
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References and applications with
respect to licensing schemes
89. Sections 90 to 95 (references and applications with respect to licensing
schemes) apply to (
a)
licensing schemes in relation to the copyright in literary,
dramatic, musical or artistic works or films (or film sound-
tracks when accompanying a film) which cover works of more
than one author, so far as they relate to licences for (
i)
copying the work;
(ii)
performing, playing or showing the work in public; or
(iii)
broadcasting the work or including it in a cable
program service;
(b)
all licensing schemes in relation to the copyright in sound
recordings (other than film sound-tracks when accompanying
a film), broadcasts or cable programs, or the typographical
arrangement of published editions; and
(c)
all licensing schemes in relation to the copyright in as they relate
to licences for the rental of copies to the public,
and in those sections “licensing scheme” means a licensing scheme of any of
those descriptions.
90.-(1) The terms of a licensing scheme proposed to be operated by a licensing
body may be referred to the Supreme Court by an organisation claiming to
be representative of persons claiming that they require licences in cases of a
description to which the scheme would apply, either generally or in relation to
any description of case.
Licensing
schemes to
which sections
90 to 95 apply.
Reference of
proposed
licensing
scheme to
Supreme Court.
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Reference of
existing licensing
scheme to
Supreme Court.
(2) The Court shall first decide whether to entertain the reference,
and may decline to do so on the ground that the reference is premature.
(3) If the Court decides to entertain the reference it shall consider
the matter referred and make such order, either confirming or varying the
proposed scheme, either generally or so far as it relates to cases of the description
to which the reference relates, as the Court may determine to be reasonable in
the circumstances.
(4) The order may be made so as to be in force indefinitely or for
such period as the Court may determine.
91.-(1) If while a licensing scheme is in operation a dispute arises between
the licensing body and
(a)
a person claiming that he requires a licence in a case of a
description to which the scheme applies; or
(b)
an organisation claiming to be representative of such persons,
that person or organisation may refer the scheme to the Supreme Court in so
far as it relates to cases of that description.
(2) A scheme which has been referred to the Court under this
section shall remain in operation until proceedings on the reference are
concluded.
(3) The Court shall consider the matter in dispute and make such
order, either confirming or varying the scheme so far as it relates to cases of
the description to which the reference relates, as the Court may determine to
be reasonable in the circumstances.
(4) The order may be made so as to be in force indefinitely or for
such period as the Court may determine.
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92.-(1) Where the Supreme Court has on a previous reference of a licensing
Further
reference to
scheme under section 90 or 91, or under this section, made an order with
Supreme Court.
respect to the scheme, then, while the order remains in force
(a)
the licensing body;
(b)
a person claiming that he requires a licence in a case of the
description to which the order applies; or
(c)
an organisation claiming to be representative of such persons,
may refer the scheme again to the Court so far as it relates to cases of that
description.
(2) A licensing scheme shall not, except with the special leave of
the Court, be referred again to the Court in respect of the same description of
cases (
a)
within twelve months from the date of the order on the previous
reference; or
(b)
if the order was made so as to be in force for fifteen months or
less, until the last three months before the expiry of the order.
(3) A scheme which has been referred to the Court under this section
shall remain in operation until proceedings on the reference are concluded.
(4) The Court shall consider the matter in dispute and make such
order, either confirming, varying or further varying the scheme so far as it relates
to cases of the description to which the reference relates, as the Court may
determine to be reasonable in the circumstances.
(5) The order may be made so as to be in force indefinitely or for
such period as the Court may determine.
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Application for a 93.-(1) A person who claims, in a case covered by a licensing scheme, that
grant of licence in the licensing body has refused to grant him or procure the grant to him of a
connection with
licence in accordance with the scheme, or has failed to do so within a reason-
licensing scheme.
able time after being asked, may apply to the Supreme Court.
(2) A person who claims, in a case excluded from a licensing
scheme, that the licensing body either (
a)
has refused to grant him a licence or procure the grant to him
of a licence, or has failed to do so within a reasonable time of
being asked, and that in the circumstances it is unreasonable
that a licence should not be granted, or
(b)
proposes terms for a licence which are unreasonable,
may apply to the Supreme Court.
(3) A case shall be regarded as excluded from a licensing scheme
for the purposes of subsection (2) if (
a)
the scheme provides for the grant of licences subject to terms
excepting matters from the licence and the case falls within
such an exception; or
(b)
the case is so similar to those in which licences are granted
under the scheme that it is unreasonable that it should not be
dealt with in the same way.
(4) If the Court is satisfied that the claim is well-founded, it shall
make an order declaring that, in respect of the matters specified in the order,
the applicant is entitled to a licence on such terms as the Court may determine
to be applicable in accordance with the scheme or, as the case may be, to be
reasonable in the circumstances.
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(5) The order may be made so as to be in force indefinitely or for
such period as the Court may determine.
94.-(1) Where the Supreme Court has made an order under section 92 that a
person is entitled to a licence under a licensing scheme, the licensing body or
the original applicant may apply to the Court to review its order.
(2) An application shall not be made, except with the special leave
of the Court (
a)
within twelve months from the date of the order, or of the
decision on a previous application under this section; or
(b)
if the order was made so as to be in force for fifteen months or
less, or as a result of the decision on a previous application
under this section is due to expire within fifteen months of that
decision, until the last three months before the expiry date.
(3) The Court shall on an application for review confirm or vary its
order as the Court may determine to be reasonable having regard to the terms
applicable in accordance with the licensing scheme or, as the case may be, the
circumstances of the case.
95.-(1) A licensing scheme which has been confirmed or varied by the Supreme
Court
(a)
under section 90 (reference of terms of proposed scheme); or
(b)
under section 91 or 92 (reference of existing scheme to Court),
shall be in force or, as the case may be, remain in operation, so far as it relates
to the description of the case in respect of which the order was made, so long
as the order remains in force.
Application for
review of order
as to entitlement
to licence.
Effect of order of
Court as to
licensing
scheme.
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(2) While the order is in force a person who in a case of a class to
which the order applies (
a)
pays to the licensing body any charges payable under the
scheme in respect of a licence covering the case in question
or, if the amount cannot be ascertained, gives an undertaking
to the licensing body to pay them when ascertained; and
(b)
complies with the other terms applicable to such a licence
under the scheme,
shall be in the same position as regards infringement of copyright as if he had at
all material times been the holder of a licence granted by the owner of the
copyright in question in accordance with the scheme.
(3) (a) The Court may direct that the order, so far as it varies the
amount of charges payable, has effect from a date before that on which it is
made, but not earlier than the date on which the reference was made or, if
later, on which the scheme came into operation.
(3) (b) If such a direction is made (
a)
any necessary repayments, or further payments, shall be made
in respect of charges already paid; and
(b)
the reference in subsection (2) (a) to the charges payable
under the scheme shall be construed as a reference to the
charges so payable by virtue of the order.
(3) (c) No such direction may be made where subsection (4) applies.
(4) Where the Court has made an order under section 93 (order
as to entitlement to licence under licensing scheme) and the order remains in
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force, the person in whose favour the order is made shall if he
(a)
pays to the licensing body any charges payable in accordance
with the order or, if the amount cannot be ascertained, gives
an undertaking to pay the charges when ascertained; and
(b)
complies with the other terms specified in the order,
be in the same position as regards infringement of copyright as if he had at all
material times been the holder of a licence granted by the owner of the copyright
in question on the terms specified in the order.
References and applications with respect to individual licensing by
licensing bodies
96. Sections 97 to 100 (references and applications with respect to individual
Licences to
licensing by licensing bodies) apply to the following descriptions of licence
which sections
97 to 100 apply.
granted by a licensing body otherwise than in pursuance of a licensing scheme
(a)
licences relating to the copyright in literary, dramatic, musical
or artistic works or films (or film sound-tracks when
accompanying a film) which cover works of more than one
author, so far as they authorise (
i)
copying the works;
(ii)
performing, playing or showing the works in public; or
(iii)
broadcasting the works or including them in a cable
program service;
(b)
licences relating to the copyright in sound recordings (other
than a film sound-track when accompanying a film), broadcasts
or cable programs, or the typographical arrangements of
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Reference to
Supreme Court of
proposed licence.
Reference to
Supreme Court of
expiring licence.
published editions; and
(c)
licences in relation to the copyright in sound recordings, films
or computer programs so far as they relate to the rental of
copies to the public,
and in those sections a “licence” means a licence of any of those descriptions.
97.-(1) The terms on which a licensing body proposes to grant a licence may
be referred to the Supreme Court by the prospective licensee.
(2) The Court shall first decide whether to entertain the reference,
and may decline to do so on the ground that the reference is premature.
(3) If the Court decides to entertain the reference it shall consider
the terms of the proposed licence and make such order, either confirming or
varying the terms, as it may determine to be reasonable in the circumstances.
(4) The order may be made so as to be in force indefinitely or for
such period as the Court may determine.
98.-(1) A licensee under a licence which is due to expire, by effluxion of time
or as a result of notice given by the licensing body, may apply to the Supreme
Court on the ground that it is unreasonable in the circumstances that the licence
should cease to be in force.
(2) Such an application may not be made until the last three months
before the licence is due to expire.
(3) A licence in respect of which a reference has been made shall
remain in force until all questions related to the reference are concluded.
(4) If the Court finds the application well-founded, it shall make
an order declaring that the licensee shall continue to be entitled to the benefit
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of the licence on such terms as the Court may determine to be reasonable in the
circumstances.
(5) An order of the Court under this section may be made so as to
be in force indefinitely or for such period as the Court may determine.
99.-(1) Where the Supreme Court has made an order under section 97 or 98,
Application for
review of order
the licensing body or the person entitled to the benefit of the order may apply to
as to licence.
the Court to review its order.
(2) An application shall not be made, except with the special leave
of the Court (
a)
within twelve months from the date of the order or of the
decision on a previous application under this section; or
(b)
if the order was made so as to be in force for fifteen months or
less, or as a result of the decision on a previous application
under this section is due to expire within fifteen months of that
decision, until the last three months before the expiry date.
(3) The Court shall on an application for review confirm or vary its
order as the Court may determine to be reasonable in the circumstances.
100.-(1) Where the Supreme Court has made an order under section 97 or 98 Effect of order of
and the order remains in force, the person entitled to the benefit of the order Supreme Court
as to licence.
shall if he
(a)
pays to the licensing body any charges payable in accordance
with the order or, if the amount cannot be ascertained, gives an
undertaking to pay the charges when ascertained; and
(b)
complies with the other terms specified in the order,
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be in the same position as regards infringement of copyright as if he had at all
material times been the holder of a licence granted by the owner of the copyright
in question on the terms specified in the order.
(2) The benefit of the order may be assigned(
a)
in the case of an order under section 97, if assignment is not
prohibited under the terms of the Court’s order; and
(b)
in the case of an order under section 97, if assignment was not
prohibited under the terms of the original licence.
(3) The Court may direct that an order under section 97 or 98, or
an order under section 99 varying such an order, so far as it varies the amount
of charges payable, has effect from a date on which the reference or application
was made or, if later, on which the licence was granted or, as the case may be,
was due to expire. If such a direction is made (
a)
any necessary repayments, or further payments, shall be made
in respect of charges already paid; and
(b)
the reference in subsection (1) (a) to the charges payable in
accordance with the order shall be construed, where the order
is varied by a later order, as a reference to the charges so
payable by virtue of the later order.
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Factors to be taken into
account in certain classes of case
101. In determining what is reasonable on a reference or application under
this Part relating to a licensing scheme or licence, the Supreme Court shall have
regard to(
a)
the availability of other schemes, or the granting of other
licences, to other persons in similar circumstances; and
(b)
the terms of those schemes or licences,
and shall exercise its powers so as to secure that there is no unreasonable
discrimination between licensees, or prospective licensees, under the scheme
or licence to which the reference or application relates and licensees under
other schemes operated by, or other licences granted by, the same person.
102. Where a reference or application is made to the Supreme Court under
this Part relating to the licensing of reprographic copying of published literary,
dramatic, musical or artistic works, or the typographical arrangement of published
editions, the Court shall have regard to (
a)
the extent to which published editions of the works in question
are otherwise available;
(b)
the proportion of the work to be copied; and
(c)
the nature of the use to which the copies are likely to be put.
103. -(1) This section applies to references or applications under this Part
relating to licences for the recording by or on behalf of educational establishments
of broadcasts or cable programs which include copyright works, or the
making of copies of such recordings, for educational purposes.
General
considerations:
unreasonable
discrimination.
Licences for
reprographic
copying.
Licences for
educational
establishments
in respect of
works included
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in broadcasts or
cable programmes.
Licences to reflect
conditions
imposed by
promoters of
events.
Licences to
payments in
respect of
underlying rights.
(2) The Supreme Court shall, in considering what charges (if any)
should be paid for a licence, have regard to the extent to which the owners of
copyright in the works included in the broadcast or cable program have already
received, or are entitled to receive, payment in respect of their inclusion.
104.-(1) This section applies to references or applications under this Part in
respect of licences relating to sound recordings, films, broadcasts or cable
programs which include, or are to include, any entertainment or other event.
(2) The Supreme Court shall have regard to any conditions
imposed by the promoters of the entertainment or other event; and, in particular,
the Court shall not hold a refusal or failure to grant a licence to be unreasonable
if it could not have been granted consistently with those conditions.
(3) Nothing in this section shall require the Court to have regard
to any such conditions in so far as they (
a)
purport to regulate the charges to be imposed in respect of
the grant of licences; or
(b)
relate to payments to be made to the promoters of any event
in consideration of the grant of facilities for making the
recording, film, broadcast or cable program.
105.-(1) In considering what charges should be paid for a licence on a reference
or application under this Part relating to licences for the rental to the
public of copies of sound recordings, films or computer programs, the Supreme
Court shall take into account any reasonable payments which the owner
of the copyright in the sound recording, film or computer program is liable to
make in consequence of the granting of the licence, or of the acts authorised
by the licence, to owners of copyright in works included in that work.
(2) On any reference or application under this Part relating to
licensing in respect of the copyright in sound recordings, films, broadcasts or
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cable programs, the Supreme Court shall take into account, in considering what
charges should be paid for a licence, any reasonable payments which the
copyright owner is liable to make in consequence of the granting of the licence,
or of the acts authorised by the licence, in respect of any performance included
in the recording, film, broadcast or cable program.
106. The mention in sections 101 to 105 of specific matters to which the
Supreme Court is to have regard in certain classes of a case does not affect the
Court’s general obligation in any case to have regard to all relevant considerations.
PART VIII
Rights in Performances
107.- (1) By virtue of, and subject to the provisions of this Part, rights are
conferred on
(a)
a performer, requiring his consent to the exploitation of his
performance; and
(b)
a person having recording rights in relation to a performance,
in respect of recordings made without his consent or that of the
performer.
(2) The rights conferred by this Part are independent of (
a)
any copyright in, or moral rights relating to, any work used or
performed in the performance; and
(b)
any other right or obligation arising otherwise than under this
Part.
(3) The rights conferred by this Part apply in relation to
performances taking place before the commencement of this Part; but no act
Mention of the
specific matters
not to exclude
other relevant
considerations.
Conferment of
rights in
performances.
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Consent required
for recording or
live transmission
of performance.
Infringement of
performer's rights
by use of
recording made
without consent.
done before commencement, or in pursuance of arrangements made before
commencement, shall be regarded as infringing those rights.
Performer’s Rights
108.-(1) A performer’s rights are infringed by a person who, without his
consent
(a)
makes, otherwise than for his private and domestic use, a
recording of the whole or any substantial part of a qualifying
performance; or
(b)
broadcasts live, or includes live in a cable program service,
the whole or any substantial part of a qualifying performance.
(2) In an action for infringement of a performer’s rights brought
by virtue of this section, damages shall not be awarded against a defendant
who shows that at the time of the infringement he believed on reasonable
grounds that consent had been given.
109. A performer’s rights are infringed by a person who, without the
performer’s consent (
a)
shows or plays in public the whole or any substantial part of a
qualifying performance; or
(b)
broadcasts or includes in a cable program service the whole
or any substantial part of a qualifying performance,
by means of a recording which was, and which that person knows or has
reason to believe was, made without the performer’s consent.
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110.-(1) A performer’s rights are infringed by a person who, without the
performer’s consent and payment of royalty at the prescribed rate, uses an
original recording of a qualifying performance (whether authorised or not) for
the purpose of making an adaptation of the recording.
(2) In subsection (1) “an adaptation of the recording” means a
recording in which the performance is accompanied by lyrics or music not
contained in the original recording.
111.-(1) A performer’s rights are infringed by a person who, without his consent
(a)
imports into Belize otherwise than for his private and domestic
use; or
(b)
in the course of a business possesses, sells or lets for hire,
offers or exposes for sale or hire, or distributes,
a recording of a qualifying performance which is, and which that person knows
or has reason to believe is, an illicit recording.
(2) Where in an action for infringement of a performer’s rights
brought by virtue of this section a defendant shows that the illicit recording was
innocently acquired by him or a predecessor in title of his, the only remedy
available against him in respect of the infringement is damages not exceeding a
reasonable payment in respect of the act complained of.
(3) In subsection (2) “innocently acquired” means that the person
acquiring the recording did not know and had no reason to believe that it was
an illicit recording.
Consent and
royalty required
for adaptation
of recording.
Infringement of
performer's
rights by
importing,
possessing, etc.,
illicit recording.
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Consent required
for recording of
performance
subject to
exclusive
contract.
Infringement of
recording rights
by use of
recording made
without consent.
Rights of Person having Recording Rights
112.-(1) A person infringes the rights of a person having recording rights in
relation to a performance who, without his consent or that of the performer,
makes a recording of the whole or any substantial part of the performance,
otherwise than for his private and domestic use.
(2) In an action for infringement of those rights brought by virtue
of this section damages shall not be awarded against a defendant who shows
that at the time of the infringement he believed on reasonable grounds that
consent had been given.
113.-(1) A person infringes the rights of a person having recording rights in
relation to a performance who, without his consent or, in the case of a qualifying
performance, that of the performer
(a)
shows or plays in public the whole or any substantial part of
the performance; or
(b)
broadcasts or includes in a cable program service the whole
or any substantial part of the performance by means of a
recording which was, and which that person knows or has
reason to believe was, made without the appropriate consent.
(2) The reference in subsection (1) to “the appropriate consent”
is to the consent of(
a)
the performer; or
(b)
the person who at the time the consent was given had recording
rights in relation to the performance (or, if there was more
than one such person, of all of them).
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114.-(1) A person infringes the rights of a person having rights in relation to a
performance, who, without his consent or, in the case of a qualifying performance,
that of the performer
(a)
imports into Belize otherwise than for his private and domestic
use; or
(b)
in the course of a business possesses, sells or lets for hire,
offers or exposes for sale or hire, or distributes,
a recording of the performance which is, and which that person knows or has
reason to believe is, an illicit recording.
(2) Where in an action for infringement of those rights brought by
virtue of this section a defendant shows that the illicit recording was innocently
acquired by him or a predecessor in title of his, the only remedy available against
him in respect of the infringement is damages not exceeding a reasonable payment
in respect of the act complained of.
(3) In subsection (2) “innocently acquired” means that the person
acquiring the recording did not know and had no reason to believe that it was
an illicit recording.
Duration and Transmission of Rights
in Performances: Consent
115. The rights conferred by this Part subsists for fifty years from the end of
the calendar year in which the performance takes place.
116.-(1) The rights conferred by this Part are not assignable or transmissible,
except to the extent that performer’s rights are transmissible as provided in this
section.
(2) On the death of a person entitled to performer’s rights Infringement
of
recording rights
by importing,
possessing, etc.,
of illicit
recording.
Duration of
rights in
performances.
Transmission
of rights in
performances.
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(a)
the rights pass to such person as he may by testamentary
disposition specifically direct; and
(b)
if, or to the extent that there is no such direction, the rights are
exercisable by his personal legal representative,
and references in this Part to the performer, in the context of the person having
performer’s rights, shall be construed as references to the person for the time
being entitled to exercise those rights.
(3) Where by virtue of paragraph (a) of subsection (2) a right
becomes exercisable by more than one person, it is exercisable by each of
them independently of the other or others.
(4) Subsections (1), (2) and (3) are without prejudice to any rights
conferred by this Part on a person to whom the benefit of a contract or licence
is assigned.
(5) Any damages recovered by personal legal representatives by
virtue of this section in respect of an infringement after a person’s death shall
devolve as part of his estate as if the right of action had subsisted and been
vested in him immediately before his death.
Consent.
117.-(1) Consent for the purpose of this Part may be given in relation to a
specific performance, a specified description of performances, or performances
generally, and may relate to past or future performances.
(2) A person having recording rights in a performance is bound
by any consent given by a person through whom he derives his rights under the
exclusive recording contract or licence in question, in the same way as if the
consent had been given by him.
(3) Where a right conferred by this Part passes to another person,
any consent binding on the person previously entitled binds the person to whom
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the right passes in the same way as if the consent had been given by him.
Remedies for Infringement of Rights in Performances
118. An infringement of any of the rights conferred by this Part is actionable by
the person entitled to the right as a breach of statutory duty.
119.-(1) Where a person has in his possession, custody or control in the
course of a business, an illicit recording of a performance, a person having
performer’s rights or recording rights under this Part in relation to the performance
may apply to the court for an order that the recording be delivered up to
him or to such other person as the court may direct.
(2) An application shall not be made after the end of the period
specified in section 136; and no order shall be made unless the court also makes,
or it appears to the court that there are grounds for making, an order under
section 135.
(3) A person to whom a recording is delivered up in pursuance of
an order under this section shall, if an order under section 135 is not made,
retain it pending the making of an order, or the decision not to make an order,
under that section.
(4) Nothing in this section affects any other power of the court.
120.-(1) Subject to any decision of the court under section 135 and to the
conditions specified in subsections (2), (3) and (4), an illicit recording of a
performance which is found exposed or otherwise immediately available for
sale or hire, and in respect of which a person would be entitled to apply for an
order under section 135 may be seized and detained by him or a person
authorised by him.
(2) Before anything is seized under this section notice of the time
Infringement
actionable as
breach of
statutory duty.
Order for
delivery up of
illicit recording
in court
proceedings.
Rights to seize
illicit recordings.
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and place of the proposed seizure must be given to a local police station.
(3) At the time when anything is seized under this section there
shall be left at the place where it was seized a notice in the prescribed form
containing the prescribed particulars as to the person by whom or on whose
authority the seizure is made and the grounds on which it is made.
(4) In this section “premises” includes land, buildings, fixed or
movable structures, vehicles, vessels, and aircraft.
Offences in Relation to Performances
Criminal liability 121.-(1) A person commits an offence who without sufficient consent for
making,
dealing with or
(a)
makes for sale or hire; or
using illicit
recordings.
(b)
imports into Belize otherwise than for his private or domestic
use; or
(c)
possesses in the course of a business with a view to committing
any act infringing the rights conferred by this Part; or
(d)
in the course of a business (
i) sells or lets for hire; or
(ii) offers or exposes for sale or hire; or
(iii) distributes,
a recording which is, and which he knows or has reason to believe is, an illicit
recording.
(2) A person commits an offence who causes a recording of a
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performance made without sufficient consent to be
(a)
shown or played in public; or
(b)
broadcast or included in a cable program service,
thereby infringing any of the rights conferred by this Part, if he knows or has
reason to believe that those rights are thereby infringed.
(3) In subsections (1) and (2) “sufficient consent” means (
a)
in the case of a qualifying performance, the consent of the
performer; and
(b)
in the case of a non-qualifying performance subject to an
exclusive recording contract(
i)
for the purpose of paragraph (a) of subsection (1),
the consent of the performer or the person having recording
rights; and
(ii)
for the purposes of paragraphs (b), (c) and (d) of
subsection (1) and subsection (2), the consent of
the person having recording rights.
(4) References in this section to the person having recording rights
are to the person having those rights at the time the consent is given or, if there
is more than one such person, to all of them.
(5) No offence is committed under subsection (1) or (2) by the
commission of an act which, by virtue of any provisions of this Part, may be
done without infringing the rights conferred by this Part.
(6) A person guilty of an offence under paragraphs (a), (b) or (d)
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(iii) of subsection (1) is liable (
a)
on summary conviction, to a fine not exceeding three thousand
dollars or to imprisonment for a term not exceeding two years,
or to both such fine and imprisonment;
(b)
on conviction on indictment, to a fine not exceeding five thousand
dollars or to imprisonment for a term not exceeding five
years, or to both such fine and imprisonment.
(7) A person who commits any other offence under this section is
liable on summary conviction to a fine not exceeding two thousand dollars or
to imprisonment for a term not exceeding one year or to both such fine and
imprisonment.
Order for delivery 122.-(1) The court before which proceedings are brought against a person
up of illicit
for an offence under section 121 may, if satisfied that at the time of his arrest or
recording in
charge he had in his possession, custody or control in the course of a business
criminal
an illicit recording of a performance, order that it be delivered up to a person
proceedings.
having performer’s rights or recording rights in relation to the performance or
to such other person as the court may direct.
(2) An order may be made by the court of its own motion or on
the application of the prosecution and may be made whether or not the person
is convicted of the offence, but shall not be made (
a)
after the end of the period specified in section 136; or
(b)
if it appears to the court unlikely that any order will be made
under section 135.
(3) An appeal lies to the court to which the appeals normally lie
from the court which made the order under this section.
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(4) A person to whom an illicit recording is delivered up in
pursuance of an order under this section shall retain it pending the making of an
order, or the decision not to make an order, under section 135.
123.- (1) It is an offence for a person to represent falsely that he is authorised
by any person to give consent for the purposes of this Part in relation to a
performance, unless he believes on reasonable grounds that he is so authorised.
(2) A person who commits an offence under this section is liable
on summary conviction to a fine not exceeding one thousand dollars or to
imprisonment for a term not exceeding eighteen months or to both such fine and
imprisonment.
Exceptions to Infringement of Rights
Conferred under this Part
124.
Fair dealing with a performance or recording (
a)
for the purpose of criticism or review, of that or another
performance or recording, or of a work; or
(b)
for the purpose of reporting current events,
does not infringe any of the rights conferred by this Part, and the provisions of
section 58 shall, with the necessary modifications, apply in determining whether
or not an act constitutes fair dealing.
125.
The rights conferred by this Part are not infringed(
a)
by the incidental inclusion of a performance or recording in a
sound recording, film, broadcast or cable program;
(b)
by anything done in relation to copies of, or the playing, broadcasting
or inclusion in a cable program service of anything whose
False
representation
of authority to
give consent.
Fair dealing for
criticism, etc.
Incidental
inclusion of
performance or
recording.
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Acts done to
recording of
performance for
purposes of
instruction, etc.
Recording of
broadcasts and
cable programmes
by educational
establishments.
making was by virtue of paragraph (a), not an infringement,
and for the purpose of this section, a performance or recording so far as it
consists of music, or words spoken or sung with music, shall not be regarded
as incidentally included in a sound recording, broadcast or cable program if it
is deliberately included.
126.-(1) The rights conferred by this Part are not infringed by the copying of
a recording of a performance in the course of instruction, in the making of films
or film sound-tracks, provided the copying is done by a person giving or receiving
instruction.
(2) The rights conferred by this Part are not infringed(
a)
by the copying of a recording of a performance for the purposes
of setting or answering the questions in an examination;
or
(b)
by anything done for the purposes of an examination by way
of communicating the questions to the candidates.
(3) Where a recording which would otherwise be an illicit
recording is made in accordance with this section but is subsequently dealt
with, it shall be treated as an illicit recording for the purposes of that dealing,
and if that dealing infringes any right conferred by this Part for all subsequent
purposes.
(4) In subsection (3) and in section 127 (2) “dealt with” means
sold or let for hire, or offered or exposed for sale or hire.
127. -(1) A recording of a broadcast or cable program, or a copy of such a
recording, may be made by or on behalf of an educational establishment for
the educational purposes of that establishment without thereby infringing any
of the rights conferred by this Part in relation to any performance or recording
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included in it.
(2) Where a recording which would otherwise be an illicit recording
is made in accordance with this section but is subsequently dealt with (as defined
in section 126 (4)) it shall be treated as an illicit recording for the purpose of
that dealing, and if that dealing infringes any right conferred by this Part for all
subsequent purposes.
128. The rights conferred by this Part are not infringed by anything done for
the purpose of (
a)
parliamentary or judicial proceedings or the reporting of such
proceedings; or
(b)
the proceedings of a statutory inquiry or the reporting of such
proceedings held in public.
129. -(1) Where a recording of a performance in electronic form has been
purchased on terms which, expressly or impliedly or by virtue of any rule of
law, allow the purchaser to make further recordings in connection with his use
of the recording, then, in the absence of any express terms(
a)
prohibiting the transfer of the recording by the purchaser,
imposing obligations which continue after a transfer, prohibiting
the assignment of any consent or terminating any consent on a
transfer; or
(b)
providing for the terms on which a transferee may do the things
which the purchaser was permitted to do,
anything which the purchaser was allowed to do may also be done by a transferee
without infringement of the rights conferred by this Part, but any recording
made by the purchaser which is not also transferred shall be treated as an illicit
recording for all purposes after the transfer.
Acts done to
performance or
recording for
parliamentary
proceedings,
etc.
Transfer of
recording of
performance in
electronic form.
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(2) Subsection (1) also applies where the original purchased
recording is no longer usable and what is transferred is a further copy used in
its place.
(3) This section also applies on a subsequent transfer, with the
substitution for references in subsection (1) to “the purchaser” of references to
“the subsequent transferor”.
(4) This section does not apply in relation to a recording purchased
before the commencement of this Act.
Use of recordings 130.-(1) Where a recording of the reading or recitation of a literary work is
of spoken words.
made for the purpose
(a)
of reporting current events; or
(b)
of broadcasting or including in a cable program service the
whole or part of the reading or recitation,
it is not an infringement of the rights conferred by this Part to use the recording
(or to copy the recording and use the copy) for that purpose, provided the
following conditions specified in subsection (2) are met.
(2) The conditions referred to in subsection (1) are that (
a)
the recording is a direct recording of the reading or recitation
and is not taken from a previous recording or from a broadcast
or cable program;
(b)
the making of the recording was not prohibited by or on behalf
of the person giving the reading or recitation;
(c)
the use made of the recording is not of a kind prohibited by or
on behalf of that person before the recording was made; and
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(d)
the use is by or with the authority of a person who is lawfully
in possession of the recording.
131.-(1) Subject to subsection (2), a person who proposes to broadcast a
recording of a performance, or include a recording of a performance in a cable
program service in circumstances not infringing the rights conferred by this Part
shall be treated as having consent for the purpose of this Part for the making of
a further recording for the purposes of the broadcast or cable programme.
(2) The consent given under subsection (1) is subject to the
condition that the further recording (
a)
shall not be used for any other purposes; and
(b)
shall be destroyed within twenty-eight days of being first used
for broadcasting the performance or including it in a cable
program service.
(3) A recording made in accordance with this paragraph shall be
treated as an illicit recording (
a)
for the purposes of any use in breach of the condition
mentioned in paragraph (a) of subsection (2); and
(b)
for all purposes after that condition or the condition mentioned
in paragraph (b) of subsection (2) is breached.
132. The rights conferred by this Part are not infringed by the making or use
by a prescribed broadcasting organisation for the purpose of maintaining supervision
and control over programs broadcast by that organisation, of recordings
of those programs.
Incidental
recording for
purposes of
broadcast or
cable
programmes.
Recordings for
supervision and
control of
programmes
permitted.
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Order excepting 133.-(1) The Minister may, by Order published in the Gazette, provide that
acts from the rights conferred by this Part in relation to a performance specified in the
infringing rights
Order are not infringed by the doing of such acts as are specified in the Order
under this Part.
in the circumstances therein specified.
(2) An Order made under subsection (1) may (
a)
contain such consequential, supplemental or ancillary provisions
as appear to the Minister to be necessary or expedient
for the purpose of giving due effect to the Order;
(b)
after consultation with the National Arts Council and other
bodies representing artists, writers, composers and performers,
prescribe a formula for the calculation of the amount which
shall be paid by way of equitable remuneration to the performer
or other person whose rights under this Part are affected by
the Order.
(3) No Order may be made under this section unless the Minister
is satisfied (
a)
that the acts specified are to be done in connection with an
event of national importance; and
(b)
that the effect of the Order would not contravene any
Convention relating to rights in respect of performances to
which Belize is a party.
Court may consent 134.-(1) Subject to the provisions of this section, the Supreme Court may, on
on behalf of the application of a person who wishes to make a recording from a previous
performer.
recording of a performance, give consent in a case where
(a)
the identity or whereabouts of a performer cannot be
ascertained by reasonable inquiry; or
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(b)
a performer unreasonably withholds his consent.
(2) Consent given by the Court has effect as consent of the
performer for the purpose of (
a)
the provisions of this Part relating to performer’s rights; and
(b)
paragraph (a) of subsection (3) of section 121,
and may be given subject to such conditions as the Court may specify in the
Order.
(3) The Court shall not give consent under paragraph (a) of
subsection (1) except after the service or publication of such notices as may be
required by rules made under section 87 or as the Court may in any particular
case direct.
(4) The Court shall not give consent under paragraph (b) of
subsection (1) unless it is satisfied that the performer’s reasons for withholding
consent do not include the protection of any legitimate interest of his; but it shall
be for the performer to show what his reasons are for withholding consent, and
in default of evidence as to his reasons the Court may draw such inferences as
it thinks fit.
(5) In any case the Court shall take into account the following
factors (
a)
whether the original recording was made with the performer’s
consent and is lawfully in the possession or control of the person
proposing to make the further recording;
(b)
whether the making of the further recording is consistent with
the obligations of the parties to the arrangements under which,
or is otherwise consistent with the purposes for which, the
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original recording was made.
(6) Where the Court gives consent under this section it shall, in
default of agreement between the applicant and the performer, make such
order as it thinks fit as to the payment to be made to the performer in
consideration of consent being given.
PART IX
General
Supplementary provisions
Order for disposal 135.-(1) An application may be made to the Supreme Court for an order
of infringing copy
that-
or illicit recording.
(a)
an infringing copy or article delivered up in pursuance of an
Order under section 37 or section 54 or seized and detained
in pursuance of the right conferred by section 38 shall be (
i)
forfeited to the copyright owner; or
(ii)
destroyed or otherwise dealt with as the Court may
direct;
(b)
an illicit recording of a performance delivered up in pursuance
of an order under section 18 or section 121, or seized and
detained in pursuance of the right conferred by section 120
shall be (
i)
forfeited to such person having performer’s rights or
recording rights in relation to the performance as the
Court may direct; or
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(ii)
destroyed or otherwise dealt with as the Court thinks
fit,
or for a decision that no such order should be made.
(2) In considering what order (if any) should be made, the Court
shall consider whether (
a)
where the infringement relates to copyright in a work, whether
other remedies available in an action for infringement of copyright
would be adequate to compensate the copyright owner
and to protect his interests;
(b)
where the infringement relates to rights conferred under Part
VIII, whether other remedies available in an action for infringement
of those rights would be adequate to compensate the
person or persons entitled to the rights and to protect their
interests.
(3) Provision shall be made by rules of court as to the service of
notice on persons having an interest in the copy or other articles or the recording,
as the case may be, and any such person is entitled (
a)
to appear in proceedings for an order under this section;
(b)
to appeal against any order made, whether or not he appeared,
and an order shall not take effect until the end of the period within which notice
of an appeal may be given or, if before the end of that period notice of appeal
is duly given, until the final determination or abandonment of the proceedings
on the appeal.
(4) Where there is more than one person interested in a copy or
other article, or as the case may be, a recording, the Court shall make such
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Period after which
remedy of delivery
up not available.
order as it thinks just and may (in particular) direct that such copy, article or
recording be sold, or otherwise dealt with, and the proceeds divided.
(5) If the Court decides that no order should be made under this
section, the person in whose possession, custody or control the copy or article
or, as the case may be, the recording was before being delivered up or seized
is entitled to its return.
(6) References in this section to a person having an interest in a
copy or other article or a recording include any person in whose favour an
order could be made in respect of the copy, article or, as the case may be,
recording under this section.
136.-(1) An application for an order under section 37 or section 119 may not
be made after the end of the period of six years from the date on which the
infringing copy or article or, as the case may be, the illicit recording in question
was made, subject to the next following provisions.
(2) If during the whole or any part of that period a person entitled
to apply for an order (
a)
is under a disability; or
(b)
is prevented by fraud or concealment from discovering the
facts entitling him to apply,
an application may be made by him at any time before the end of the period of
six years from the date on which he ceased to be under a disability or, as the
case may be, could with reasonable diligence have discovered those facts.
(3) An order under section 37 or section 119 shall not, in any
case, be made after the end of the period of six years from the date on which
the infringing copy or article or, as the case may be, the illicit recording in
question was made.
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137.
No prosecution for an offence under this Act shall be commenced after Time limited for
prosecution.
the expiration of five years after the commission of the offence or one year after
the discovery thereof, whichever date last occurs.
138.-(1) Any police officer may-Powers of
police officers.
(a)
subject to section 138, 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 is an infringing copy of a work or an illicit recording
or any article used or intended to be used for making infringing
copies or illicit recordings; and
(d)
seize, remove or detain (
i)
any article which appears to him to be an infringing
copy or an illicit recording or any article which appears
to him to be intended for use for making such
copies or recordings; and
(ii)
anything which appears to him to be or to contain, or
to be likely to be or to contain, evidence of an offence
under this Act.
(2) Any police officer 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;
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(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;
(f)
detain any vehicle which he is empowered by this Act to stop
and search until it has been searched.
Restrictions on the 139.-(1) No domestic premises shall be entered and searched by a police
entry and search officer unless a magistrate has issued a warrant under subsection (2).
of domestic
premises.
(2) A magistrate may, if he is satisfied by information on oath that
there is reasonable ground for suspecting that there is in any domestic premises
any article which may be seized, removed or detained under any provision of
this Act, issue a warrant authorising a police officer to enter and search the
premises.
(3) A police officer authorised under subsection (2) to enter and
search any premises may call upon any other police officer to assist him in
entering and searching the premises.
(4) In this section “domestic premises” means any premises or
any part thereof, used exclusively or mainly as a dwelling.
Obstruction of 140. (1) Without prejudice to any other written law, any person who police
officers.
(a)
wilfully obstructs a police officer in the exercise of his powers
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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
(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,
commits an offence and is liable on summary conviction to a fine not exceeding
one thousand dollars or to imprisonment for a term not exceeding 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
commits an offence and is liable on summary conviction to a fine not exceeding
two thousand dollars or to imprisonment for a term not exceeding two years.
(3) Nothing in this section shall be construed as requiring any person
to give any information which may incriminate him.
141. Where an offence under any of the preceding sections of this Act committed
by a body corporate is proved to have been committed with the consent
or connivance of, or to be attributable to any neglect on the part of, any director,
manager, secretary or other similar officer of the body corporate or any
person who was purporting to act in any such capacity, he, as well as the body
corporate, commits an offence and is liable to be proceeded against and punished
accordingly.
142.-(1) The Minister may after consultation with the National Arts Council
and other bodies representing artists, writers, composers and performers make
Regulations prescribing such matters as are required or permitted by this Act to
be prescribed or are necessary or desirable to be prescribed for giving effect to
Offences by
bodies
corporate.
Power to make
Regulations.
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this Act.
(2) Without prejudice to the generality of the foregoing, such
Regulations may provide for an optional (but not compulsory) system of
registration of copyright and may contain such consequential, supplemental or
ancillary provisions as may be necessary or expedient to give effect to such
registration.
(3) All Regulations made under this section shall be laid before
the National Assembly as soon as may be after the making thereof and shall
be subject to negative resolution.
PART X
International Relations
Power to apply 143.-(1) Subject to the provisions of subsection (3), the Minister may by
provisions of Act
Order published in the Gazette provide that, in relation to any country speci
to other countries.
fied in the Order, any of the provisions of this Act so specified shall apply
(a)
in relation to persons who, at a material time, are citizens or
subjects of that country, as they apply in relation to persons
who, at such a time, are citizens of Belize;
(b)
in relation to persons who, at a material time, are domiciled or
resident in that country, as they apply in relation to persons
who, at such a time, are domiciled or resident in Belize;
(c)
in relation to literary, dramatic, musical or artistic works, sound
recordings, films or editions first published in that country, as
they apply in relation to literary, dramatic, musical or artistic
works, sound recordings, films or editions first published in
Belize;
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(d)
in relation to bodies incorporated by or under the laws of that
country, as they apply in relation to bodies incorporated by or
under the laws of Belize;
(e)
in relation to broadcasts made or cable programs sent from
places in that country by persons permitted or authorised by
or under the laws of that country to make those broadcasts or
send those cable programs, as they apply in relation to broadcasts
made or cable programs sent from places in Belize by
persons permitted or authorised by or under the laws of Belize
to make those broadcasts or send those cable programs.
(2) An Order made under this section applying any provisions of
this Act in relation to any country other than Belize may apply those provisions(
a)
without exception or modification or subject to such exceptions
and modifications as may be specified in the Order;
(b)
generally or in relation to such classes of works or such other
classes or cases, as may be so specified.
(3) An Order shall not be made under this section applying any
provisions of this Act in relation to any country which is not a party to a
Convention relating to copyright or to the rights of performers or of the producers
of phonograms to which Belize is also a party, unless the Minister is satisfied
that in respect of the class of works which those provisions relate, provision
has been or will be made under the laws of that country whereby adequate
protection will be given to owners of copyright or rights in performances
conferred by this Act.
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International 144.-(1) Where it appears to the Minister that it is expedient that the proviorganisations.
sions of this section should apply to any 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 published in the Gazette declare that organisation to be an
international organisation to which this Act applies.
(2) Where an original literary, dramatic, musical or artistic work
is made by or under the direction or control of an organisation to which this
section applies in such circumstances that(
a)
copyright would not, except by virtue of this subsection, subsist
in the work; but
(b)
if the author of the work had been a citizen of Belize at the
time when it was made, copyright would have subsisted in the
work immediately after it was made and would thereupon have
vested in the organisation,
then, copyright shall subsist in the work as if the author had been a citizen of
Belize when it was made, and shall continue to subsist so long as the work
remains unpublished, and the organisation shall, subject to the provision of this
Act, be entitled to the copyright.
(3) Where an original literary, dramatic, musical or artistic work
is first published by or under the direction or control of an organisation to
which this section applies in such circumstances that copyright would not,
except by virtue of this subsection, subsist in the work immediately after the
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first publication thereof, and
(a)
the work is so published in pursuance of an agreement with
the author which does not reserve to the author the copyrights,
if any, in the work; or
(b)
the work was made in such circumstances that, if it had been
first published in Belize, the organisation would have been
entitled to the copyright in the work,
then, copyright shall subsist in the work (or, if copyright in the work subsisted
immediately before its first publication, shall continue to subsist) as if it had
been first published in Belize, and shall subsist for a period of fifty years from
the end of the calendar year in which the work was first published, and the
organisation shall, subject to the provision of this Act, be entitled to that copyright.
(4) The provisions of Part II, except those provisions thereof relating
to the subsistence and duration of ownership of copyright, shall apply in relation
to copyright subsisting by virtue of this section as they apply in relation to
copyright subsisting by virtue of Part II.
(5) An organisation to which this section applies which otherwise
has not, or at some material time otherwise has not, the legal capacities of a
body corporate shall have, and shall be deemed at all material times to have
had, the legal capacities of a body corporate for the purpose of holding, dealing
with and enforcing copyright and in connection with all legal proceedings relating
to copyright.
145.-(1) If it appears to the Minister that the laws of a country fail to give
adequate protection to Belizean works or performances or fail to give adequate
protection in the case of one or more classes of such works or performances,
(whether the lack of protection relates to the nature of the work or
performance or the nationality, citizenship or country of its author or performer
Denial of
copyright or
rights in
performance.
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or all of those matters) the Minister may, by Order published in the Gazette,
make provision in relation to that country in accordance with subsection (2).
(2) An Order made for the purposes of this section may provide
either generally or in such classes of cases as are specified in the Order, that
copyright or rights in performances shall not subsist in works first published,
or in performances first given after, a date specified in the Order (which may
be a date before the commencement of this Act) if, at the time of the first
publication of those works or the giving of the performance, the authors of the
works or the performers were or are (
a)
citizens or nationals of that country, not being at that time
persons domiciled or resident in Belize; or
(b)
in the case of works that are sound recordings or films, specified
in the Order, bodies incorporated under the laws of that
country.
(3) The Minister shall, in making an Order under this section, have
regard to the nature and extent of the lack of protection for Belizean works or
performances in consequence of which the Order is being made.
(4) In this section “Belizean work or performance” means a work
of which the author was, at the time when it was made, a qualified person for
the purposes of this Act or a performance by a performer who was at the time
of the performance such a qualified person.
PART XI
Repeals, Savings and Transition
Repeals. 146.-(1) The Copyright Act, and the Copyright Act 1956 of the United
Ch. 198.
Kingdom in so far as it has effect as part of the law of Belize, shall stand
repealed at the commencement of this Act.
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(2) Without prejudice to section 29 of the Interpretation Act, the
repeals effected by subsection (1) include the repeal of (
a)
any Order-in-Council made under the Copyright Act 1956 of
the United Kingdom so repealed, in so far as it has effect as
part of the law of Belize;
(b)
any subsidiary legislation made under the Acts so repealed,
or in so far as it has effect as part of the law of Belize, made
under any Order-in-Council so repealed.
147.-(1) Nothing in this Act shall affect the operation of any rule of equity
relating to breaches of trust or confidence.
(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 forfeited
under the Customs Regulation Act including any article so forfeited by virtue of
this Act or an enactment repealed by this Act or repealing this Act.
148. No copyright or right in the nature of copyright shall subsist otherwise
than by virtue of this Act or some other enactment in that behalf.
149. Nothing in this Act affects any rule of law preventing or restricting the
enforcement of copyright or rights in the nature of copyright, on grounds of
public interest or otherwise.
150.-(1) Where immediately prior to the appointed day, copyright subsists in
Belize in any literary, dramatic, musical or artistic work by virtue of the Copyright
Act 1956 of the United Kingdom, such copyright shall continue to subsist
and the person entitled thereto by virtue of this Act shall be the owner thereof
under and subject to this Act, and in particular
(a)
the duration of such copyright;
Savings.
CAP. 49.
Copyright
subsists only
under Act.
Enforcement of
copyright
subject to public
interest.
Transitional.
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(b)
the acts comprised within the exclusive rights attaching to such
copyright; and
(c)
the effect upon the ownership of such copyright of any event
or transaction occurring or of any contract or agreement made
after the appointed day,
shall be governed by this Act.
(2) Where before the appointed day any person has incurred any
expenditure or liability in connection with or in contemplation of, the doing of
an act in relation to a protected work or to a performance in respect of which
rights are conferred by this Act, being an act which prior to that date would
have been lawful, nothing in this Act shall diminish or prejudice any rights or
interests which, in relation to that work or performance, are subsisting and
valuable on the appointed day, unless the person who, by virtue of this Act, is
the owner of the copyright or the person having rights in the performance,
agrees to pay such compensation as, in default of agreement, may be fixed by
the Supreme Court.
(3) Where an act done before the appointed day was then an
infringement of copyright but is not an infringement of copyright or rights in a
performance under this Act, then, proceedings in respect of that Act may be
taken as if this Act had not been passed.
(4) An act done before the appointed day shall not be an
infringement of copyright or rights in performance conferred by this Act if that
act would not, but for the passing of this Act, have constituted an infringement.
(5) Proceedings for infringement of copyright instituted but not
disposed of before the appointed day shall be disposed of as if this Act had
not been passed.
(6) Proceedings under this Act for infringement may be taken
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notwithstanding that the alleged infringement occurred before the appointed
day.
(7) In this section “appointed day” means the day appointed by
the Minister pursuant to section 2.
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Register your author's rights and get the full juridical protection.
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Recent Publications
Terms of use
Article 1. Contracting parties.
1. The Parties of this Public Offer (paid service agreement), hereinafter referred to as the “Agreement” or “Offer”, are, as follows:
1. The Parties of this Public Offer (paid service agreement), hereinafter referred to as the “Agreement” or “Offer”, are, as follows:
a) Executor is a person, who makes this Offer and who executes this Agreement in accordance with its terms and conditions: Solcity World Investment and Development; and
b) Customer is a person, who accepts this Offer and who is the author of any publication.
Article 2. Acceptance.
1. The Customer shall accept this Offer in case of and after the following activities:
a) fill in and send to the Executor an application in electronic format in the form established by this Agreement and posted on the Executor’s official website; and
b) provide the author’s abstract specifying what material was created by the author; and
c) provide a list of all key words (tags) that enable finding the location of the author’s abstract of the Customer on the Executor’s website; and
d) post (“upload”) the material itself on the Executor’s official website; and
e) pay for the Executor’s services in the amount and following the procedure set forth by this Agreement.
2. The Executor shall verify the Customer’s data and post the information about the Customer and his/her work of authorship on SciReg.org in Internet. From this moment on, the Customer shall be considered as an acceptor of this Offer and a Party to this Agreement.
3. The Executor shall be entitled, without giving any reasons, to refuse the Customer to accept this Offer and the Customer unconditionally, entirely and irrevocably agrees with this provision.
Article 3. Scope of the Agreement.
1. The Executor hereof shall render services on establishing, formation and maintenance of the Copyright register in electronic format on the Executor’s official website in Internet.
2. The Executor hereof shall render to the Customer paid services on posting (publishing) of information about the applicant as the author of the material under the terms and in accordance with this Agreement.
3. The work of authorship shall be understood by the Parties as a subject matter of copyright established by the Civil Code or other laws of the Author’s Country of domicile.
4. The Executor shall publish information (data), hereinafter referred to as the “summary”, about the applicant as the author of the material in the Register posted on the Executor’s official website in Internet under the terms set forth by this Agreement.
5. The Executor shall be entitled, at his own discretion and without coordination with the Customer, to assign his obligations for execution of this Agreement to any third party, and the Customer unconditionally agrees with this provision.
Article 4. Register.
1. The Register shall be an ordered and standardized register containing a summary of the Customer: Author’s information, including co-authors, name of the work of authorship, publication date, author’s abstract revealing the content of the work of authorship and its unique character, as well as a unique number of posting in the Register assigned to the author and his/her material automatically by the Executor, key words (tags) that enable any person to find information about the author and his/her publication posted in the Register on the Executor’s official website in Internet.
2. The author’s abstract shall be a brief description of the author’s publication designating its unique character and showing that the Customer is its author.
3. The Register shall be maintained in electronic form on the Executor’s official website in Internet.
4. Information about the author, work of authorship and other information required by the rules for information posting in the Register, set forth by the Executor, except for the unique number, shall be posted by the Customer individually on the Executor’s official website in Internet.
5. Both the Register and the official website shall be the Executor’s property.
6. Any and all information posted by the Customer in the Register in accordance with the terms set forth by this Agreement shall be the Executor’s property. Hereby, the Customer shall not transfer copyright for his/her work of authorship to the Executor.
7. The rules for maintenance of the Register, its execution, posting of any details (information) in it shall constitute Appendix 1 to this Agreement forming an integral part hereof. The rules shall be issued exclusively by the Executor. The Executor, without coordination with the Customer and the Customer’s consent, shall have the right to make any changes in and/or amendment to the Register maintenance rules and the Customer unconditionally agrees with this provision. The Register maintenance rules shall be unconditionally mandatory for the Customer.
Article 5. Obligations of the Parties.
1. The Parties hereto shall (hereby shall be obliged to) unconditionally, voluntarily, conscientiously, and accurately follow all provisions of this Agreement, as well as any and all supplements, amendments and/or alterations hereto made under the terms set forth by this Agreement.
2. The Customer shall pay for the Executor’s services following the procedure and in the amount established by this Agreement.
3. The Customer, in contemplation of his/her death, shall be obliged to bind defendants to the terms of this Agreement.
4. If the Customer’s copyright is assigned to a third party, he/she shall be obliged to bind such third party to his/her obligations hereunder.
5. The Customer shall have an exclusive right to refer, in any form, to his/her summary (synopsis, author’s abstract) posted in the Register on the Executor’s official website in Internet in case of complete and fair execution of his/her obligations under this Agreement.
Article 6. Payment for the Executor’s services. Agreement price.
1. The Customer shall pay for the Executor’s services following the procedure and in the amount established by the provisions of this Article.
2. The price for one posting by the applicant of one his/her summary in the Register shall be 20 (twenty) US Dollars – price of this Agreement.
3. The procedure for paying the amount set forth by this Article of the Agreement shall be determined in Appendix 1 to this Agreement.
4. The applicant shall pay the amount stated in para 2 of this Article (pay for the Executor’s service) to the Executor at the time of registration.
5. The amounts paid hereunder by the Customer to the Executor shall be nonreturnable.
6. Each Party shall individually pay any and all own taxes, duties and/or fees established by the legislation of the Party in connection with execution of the terms hereof by the Party. Neither party shall be a fiscal agent of the other Party.
Article 7. Withdrawal from the Agreement.
1. The Customer shall be entitled to withdraw from execution of this Agreement in the form of non-payment of a next settlement set forth by this Agreement.
2. The Executor shall have the right, including in his sole discretion, to withdraw from execution of this Agreement without reimbursement to the Customer of any expenses and/or losses (damages), as well as without payment of any penalty and/or penalty fee and/or any other forfeit, and the Customer unconditionally and entirely agrees with this provision, in the following case (cases):
a) failure to pay by the Customer for the services to the Executor in the amount and under the terms set forth by this Agreement; and/or
b) provision of false information by the Customer; and/or
c) any other technical reasons.
Article 8. Information sharing.
1. Unless otherwise provided for in this Agreement, the Parties hereto may share information, and this information for the Parties shall be regarded as official, by phone, fax, sms, Skype, via e-mail and/or in writing (in hard copy).
2. The Parties hereto may share documents and these documents shall be legally effective for the Parties and considered properly received by the Parties by fax, Skype, via e-mail, in writing in hard copy, unless otherwise provided for in this Agreement. A signature affixed to the document forwarded by any Party via e-mail shall be accepted by the Parties. A signature affixed to the document forwarded by any Party by fax shall be accepted by the Parties. A signature affixed to the document forwarded by any Party via Skype shall be accepted by the Parties.
3. Along with the afore-mentioned, the Parties may have electronic documentary interchange and affix their electronic digital signatures (EDS) on any and all documents.
Article 9. Arbitration.
1. All disputes arising between the Parties in relation to interpretation of this Agreement and/or execution of this Agreement shall be settled by the Parties in the form of bilateral negotiations.
2. If the Parties fail to reach a compromise during negotiations, they shall settle their dispute in the arbitration court (arbitration) of the Chamber of Commerce and Industry of British Virgin Islands.
3. As the rules of procedural law based on which the Parties shall settle their dispute, the Parties shall accept the rules of arbitration court (arbitration) of the Chamber of Commerce and Industry of British Virgin Islands.
4. As the rules of substantive law based on which the Parties settle their dispute, the Parties shall accept this Agreement and rules of international agreements (conventions) regulating copyright legal relationship.
Article 10. Other terms and conditions.
1. This Agreement is made in written and electronic form, in one counterpart, which:
a) Agreement in writing is kept in the Executor’s office, and
b) posted in electronic form on the Executor’s official website in Internet.
2. Alteration, amendments and/or supplements to this Agreement shall be made in written and electronic form by the Executor individually, in a single hard counterpart and a single electronic counterpart posted on the official website in Internet and the Customer unconditionally agrees with this provision.
3. Changes in this Agreement shall be made by the Executor as a new version of the Agreement.
4. If the Customer disagrees with new terms and conditions, he/she shall have a right to withdraw from the Agreement following the procedure and terms set forth by this Agreement.
