COPYRIGHT ACT

ARRANGEMENT OF SECTIONS

PART I
PRELIMINARY

   1   Short title

   2   Interpretation

   3   Publication

   4   Lawful reception of broadcast

 

PART II
COPYRIGHT

Protected Works

   5   Requirements for protection

   6   Category of eligible works

   7   Qualification for protection: author

   8   Qualification for protection: place of publication, etc

   9   Nature of copyright protection: economic and moral rights

 

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 programmes

   13   Duration of copyright in typographical arrangement of editions

 

PART III
MORAL RIGHTS AND RELATED RIGHTS

Identification with Work

   14   Right to be identified as author, etc

 

Objection to Treatment of Work

   15   Right to object to, derogatory treatment of work

 

Related Rights

   16   False attribution of work

   17   Right to privacy of photographs and films

 

Supplementary

   18   Duration of moral rights and related rights

   19   Consent and waiver of rights

   20   Application of provisions to joint works

   21   Application of provisions to parts of work

 

PART IV
OWNERSHIP AND ASSIGNMENT OF RIGHTS

Ownership of Copyright

   22   Ownership of copyright

 

Assignment in Copyright

   23   Assignment and licences

   24   Prospective ownership of copyright

   25   Exclusive licence

   26   Copyright in unpublished manuscript passes under will

   27   Moral rights, etc not assignable

   28   Transmission of moral rights, etc on death

 

PART V
ARRANGEMENT OF RIGHTS

General Provisions

   29   Meaning of "action"

   30   Provisions of Part subject to other provisions

 

Infringement of Copyright

   31   Acts infringing copyright

 

Remedies of Copyright Owner

   32   Action by owner of copyright

   33   Order for delivery up in civil proceedings

 

Remedies of Exclusive Licensee

   34   Infringement of rights of exclusive licensee

   35   Infringement where rights concurrent

 

Infringement of Moral Rights and Related Rights

   36   Infringement of right to be identified as author or director

   37   Infringement of right to object to derogatory treatment of work

   38   Infringement by possession of infringing article

   39   Acts not infringing section 15

   40   False attribution of work: infringement of right

   41   Infringement of privacy right respecting photographs, etc

   42   Effect of consent and waiver or rights

 

Remedies for Infringement of Moral Rights and Related Rights

   43   Remedies for infringing moral rights, etc

 

Presumptions

   44   Presumptions where action relates to literary works, etc

   45   Presumptions where action relates to sound recordings, films or computer programs

 

Offences

   46   Penalties in respect of dealings which infringe copyright

   47   Presumptions not to apply

   48   Order to deliver up in criminal proceedings

 

Supplementary

   49   Application of provisions as to entry and search

   50   Provision for restricting importation of infringing copies

 

PART VI
EXCEPTIONS TO INFRINGEMENT OF COPYRIGHT

Preliminary

   51   Definition of "sufficient acknowledgment"

 

General Exceptions

   52   Research and private study

   53   Criticism, review and reporting

   54   Determining fair dealing

   55   Incidental inclusion of protected work

 

Use of Work for Educational Purposes

   56   Acts done for purposes of instruction or examination

   57   Anthologies for educational use

   58   Recording of broadcasts, etc by educational establishments

   59   Restriction on reprographic copying by educational establishments

   60   Subsequent dealings with authorised copies

 

Exceptions affecting Libraries and Archives

   61   Interpretation of references: regulations

   62   Supply by librarian of copies of published work

   63   Supply of copies to other libraries

   64   Replacing copies of works

   65   Copying of unpublished work

 

Exceptions Relating to Public Administration.

   66   Parliamentary and judicial proceedings and statutory inquiries

   67   Public Records

 

Designs

   68   Design documents and models

   69   Where design derived from artistic work is exploited

 

Exception Relating to Works in Electronic Form

   70   Transfer of works in electronic form

 

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

   71   Anonymous and pseudonymous literary etc works

   72   Use of notes of recordings o£ spoken word

   73   Reading or recitation in public

   74   Representation of artistic works on public display

   75   Reconstruction of buildings

   76   Subsequent work by same artist

 

Miscellaneous Exceptions Relating to Sound Recordings,
Films and Computer Programs

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

   78   Rental of sound recordings, etc

   79   Playing of sound recording for purposes of charitable organisations

 

Miscellaneous Exceptions Respecting Broadcasts
and Cable Programmes

   80   Incidental recording for purposes of broadcast or cable programme

   81   Recordings of broadcasts for programme control

   82   Recording fur archival purposes

   83   Reception and retransmission of broadcast in cable programme service

   84   Recording for purposes of time shifting

 

Adaptations

   85   Adaptations

 

Prescribed Exceptions

   86   Power of Minister to prescribe exceptions to infringement

 

PART VII
COPYRIGHT LICENSING

Preliminary

   87   Interpretation for purposes of Part

   88   Licensing schemes to which sections 89 to 94 apply

 

References and Applications Respecting Licensing Schemes

   89   Reference of proposed licensing scheme

   90   Reference of existing licensing scheme

   91   Further reference of scheme

   92   Application for grant of licence in connection with licensing scheme

   93   Application for review of order as to entitlement to licence

   94   Effect of order of Tribunal as to licensing scheme

 

References and Applications Respecting Licences
and Licensing Bodies

   95   Licences to which sections 96 to 99 apply

   96   Reference to Tribunal of proposed licence

   97   Reference to Tribunal of expiring licence

   98   Application for review of order as to licence

   99   Effect of order of Tribunal as to licence

 

Supplementary

   100   Regulations may prescribe factors to be taken into account

   101   Royalty payable for rental of sound recording, film, etc

   102   Ministerial order in relation to licensing scheme

 

PART VIII
THE COPYRIGHT TRIBUNAL

   103   Establishment of Copyright Tribunal

   104   Jurisdiction of Tribunal

   105   Regulations relating to proceedings of Tribunal

   106   Appeal on point of law

 

PART IX
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 recordings made without consent

   114   Infringement of recording rights by importing, possessing, etc illicit recording

 

Exceptions to Infringement

   115   Permitted act in relation to performance

   116   Fair dealing for criticism, etc

   117   Incidental inclusion of performance or recording

   118   Acts done to recording or performance for purposes of instruction, etc

   119   Recording of broadcasts and cable programmes by educational establishments

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

   121   Transfer of recording of performance in electronic form

   122   Use of recordings of spoken words

   123   Playing sound recording as part of activities of charitable organisation, etc

   124   Incidental recording for purposes of broadcast or cable programme

   125   Recordings for supervision and control of programmes

   126   Recording of broadcast or cable programme for archival purposes

   127   Order excepting acts from infringing rights under this Part

   128   Tribunal may consent on behalf of performer

 

Duration and Transmission of Rights in Performances; Consent

   129   Duration of rights in performances

   130   Transmission of rights in performances

   131   Consent

 

Remedies for Infringement of Rights in Performances

   132   Infringement actionable as breach of statutory duty

   133   Order for delivery up of illicit recording in civil proceedings

 

Offences

   134   Criminal liability for making, dealing with or using illicit recordings

   135   Order for delivery up of illicit recording in criminal proceedings

   136   False representation of authority to give consent

 

PART X
GENERAL

   137   Order for disposal of infringing copy or illicit recording

   138   Period after which remedy or delivery up not available

   139   Time limited for prosecution

   140   Powers of members of Constabulary Force

   141   Restrictions on the entry and search of domestic premises

   142   Obstruction of members of the Constabulary Force

   143   Offences by bodies corporate

   144   Power to apply provisions of Act to other country

   145   Denial of copyright or rights in performances

   146   International organisations

   147   Territorial waters and exclusive economic zone

   148   Act applies to Jamaican ships, aircraft

   149   Act binds Crown

   150   Regulations

   151   Repeals

   152   Savings

   153   Transitional

      SCHEDULE

 

THE COPYRIGHT ACT

[Date of Commencement: 1st September,1993]

Acts
4 of 1993,
29 of 1999.

PART I
PRELIMINARY (sections 1-4)

1   Short title

   This Act may be cited as the Copyright Act.

2   Interpretation

   (1) In this Act-

   "adaptation" means-

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

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

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

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

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

   "appointed day" means 1st September, 1993;

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

   "artistic work" means-

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

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

   (c)   a work of artistic craftsmanship to which neither paragraph (a) nor paragraph(b) applies;

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

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

   (b)   a musical work, the composer;

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

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

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

   (f)   the typographical arrangement of a published edition, the publisher;

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

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

   (i)   a computer-generated literary dramatic, musical or artistic work, the person by whom the arrangements necessary for the creation of the work are undertaken,

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