WORLD TRADE ORGANIZATION
ORGANISATION MONDIALE DU COMMERCE
ORGANIZACIÓN MUNDIAL DEL COMERCIOIP/N/1/BLZ/C/2
6 November 2003
(03-5936)
Council for Trade-Related Aspects of
Intellectual Property RightsOriginal:  English/
anglais/
inglés
MAIN DEDICATED INTELLECTUAL PROPERTY
LAWS AND REGULATIONS NOTIFIED UNDER
ARTICLE 63.2 OF THE AGREEMENT
BELIZE
The present document reproduces the text1 of the Copyright Act, Chapter 252, Revised
Edition 2000, as notified by Belize under Article 63.2 of the Agreement (see document
IP/N/1/BLZ/2).
Conseil des aspects des droits de propriétéintellectuelle qui touchent au commerce
PRINCIPALES LOIS ET RÉGLEMENTATIONS CONSACRÉES À LA
PROPRIÉTÉ INTELLECTUELLE NOTIFIÉES AU TITRE
DE L'ARTICLE 63:2 DE L'ACCORD
BELIZE
Le présent document contient le texte
1 de la Loi sur le droit d'auteur, Chapitre 252, Édition
révisée de 2000, notifié par le Belize au titre de l'article 63:2 de l'Accord (voir le document
IP/N/1/BLZ/2).
Consejo de los Aspectos de los Derechos de PropiedadIntelectual relacionados con el Comercio
PRINCIPALES LEYES Y REGLAMENTOS DEDICADOS A LA
PROPIEDAD INTELECTUAL NOTIFICADOS EN VIRTUD
DEL PÁRRAFO 2 DEL ARTÍCULO 63 DEL ACUERDO
BELICE
En el presente documento se reproduce el texto
1 de la Ley de Derecho de Autor, Capítulo 252,
Edición Revisada de 2000, que Belice ha notificado en virtud del párrafo 2 del artículo 63 del
Acuerdo (véase el documento IP/N/1/BLZ/2).
                                                     
1 In English only./En anglais seulement./En inglés solamente.IP/N/1/BLZ/C/2
Page 2
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-
ARRANGEMENT OF SECTIONS
COPYRIGHT ACT
Amendments in force as at 31st December, 2000.IP/N/1/BLZ/C/2
Page 3
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 I I
Copyright
Protected Works
7. Categories of protected works.8. Qualification for copyright protection.9. Nature of copyright.
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.IP/N/1/BLZ/C/2
Page 4
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.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 I V
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.IP/N/1/BLZ/C/2
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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.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.IP/N/1/BLZ/C/2
Page 6
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.
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.
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.IP/N/1/BLZ/C/2
Page 7
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.
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.IP/N/1/BLZ/C/2
Page 8
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.
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 orde r 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.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.IP/N/1/BLZ/C/2
Page 9
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 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.IP/N/1/BLZ/C/2
Page 10
Exceptions to Infringement of Rights Conferred under this Part
124. Fair dealing for criticism, etc.125. Incidental inclusion of performance or recordings.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 I X
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.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.IP/N/1/BLZ/C/2
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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.
_______________IP/N/1/BLZ/C/2
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CHAPTER 252
12 of 2000. COPYRIGHT
Commencement
[2 1. 8. 2 0 0 0]
S.I. 77 of 2000.[22nd June, 200 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;
(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;IP/N/1/BLZ/C/2
Page 13
“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;
(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;
“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-IP/N/1/BLZ/C/2
Page 14
(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
sending visual images, sounds or other information, irrespective of the form inwhich 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 authorsare incorporated;IP/N/1/BLZ/C/2
Page 15
“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
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
(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;IP/N/1/BLZ/C/2
Page 16
“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 Gazett e;
“engraving” includes an etching, lithograph, product of photogravure, wood-cut,
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 so ld 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 ismentioned 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;
“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 wherevermade, 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;IP/N/1/BLZ/C/2
Page 17
(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;
(c) a computer program;
“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;
CAP. 4.“Minister” means the Minister to whom subject of copyright is assigned by the
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;(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;IP/N/1/BLZ/C/2
Page 18
“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;"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;IP/N/1/BLZ/C/2
Page 19
“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 include s, 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
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 partthereof may be produced,
regardless of the medium on which the recording is made or the method by which
the sounds are reproduced or produced;
“specified country” means a country specified by the Minister by Order published
in the Gazette pursuant to section 143;IP/N/1/BLZ/C/2
Page 20
“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;
“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.
Making of work-
duration.   (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.
Act binding on
State.4. This Act is binding on the State but noth ing in this Act shall render the State
liable to prosecution.
Publication. 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.IP/N/1/BLZ/C/2
Page 21
   (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(ii) the broadcasting of the work or its inclusion in a cable
programme service (otherwise than for the purposes of anelectronic 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 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;IP/N/1/BLZ/C/2
Page 22
(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 th e 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.
Lawful reception
of encrypted
broadcasts.6.-(1) In relation to the broadcast of a work, an encrypted transmission shall be
regarded as capable of being lawfully received by members of the public 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 I I
Copyright
Protected Works
Categories of
protected works.7.-(1) Subject to this section, the categories of works in which copyright under
this Act may subsist are:IP/N/1/BLZ/C/2
Page 23
(a) original literary, dramatic, musical or artistic works;
(b) sound recordings, films, broadcasts or cable programmes;
(c) typographical arrangements of published editions.
   (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 ofthe rights in a performance.
Qualification for
copyright
protection.8.-(1) A literary, dramatic, musical or artistic work or, subject to subsection (2), a
typographical arrangement of a published edition, qualifies for copyright
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) i f 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
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; orIP/N/1/BLZ/C/2
Page 24
(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.
CAP. 227.   (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
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 -
(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.
Nature of
copyright
economic rights.9.-(1) By virtue of and subject to the provisions of this Act, the owner of the
copyright in a work shall have the exclusive right to do or to authorise other
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.IP/N/1/BLZ/C/2
Page 25
   (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
copyright in
literary, etc.,
works.10.-(1) Subject to the provisions of this section, copyright in any literary,
dramatic, musical or artistic work expires at the end of the period of fifty years
from the end of the calendar year in which the author dies.
   (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 the public; andsubsection (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.IP/N/1/BLZ/C/2
Page 26
   (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
(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 isonce 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.
Duration of
copyright insound recordings
and films.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 ismade 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 cableprogramme 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.
Duration of
copyright in
broadcasts and
cable
programmes.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 programme; andaccordingly; 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.IP/N/1/BLZ/C/2
Page 27
   (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.
Duration of
copyright in
typographical
arrangements of
editions.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
Moral Rights. 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
(c) 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.
Right to be
identified as
author, etc.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, 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 programmeservice; 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; orIP/N/1/BLZ/C/2
Page 28
(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
(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 aphotograph 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 isconstructed 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 oneach 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 inquestion,
and the identification shall, in each case, be clear and reasonably prominent.   (8) For the purposes of this section, unless otherwise provided to 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-IP/N/1/BLZ/C/2
Page 29
(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
derogatory
treatment ofwork.16.-(1) Subject to the provisions in this Part, and in particular to section 24, the
author of a literary, dramatic, musical or artistic work that is a protected work and
the director of a film that is a protected work shall have, respectively, the rightnot 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,
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.IP/N/1/BLZ/C/2
Page 30
   (3) The right referred to in subsection (1) does not apply in relation to-
(a) a computer program or to a computer-generated work;
(b) fair dealing with any work made for the purpose of reporting
current events;
(c) the publication in any newspaper, magazine or similar periodical
or in an 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 availablewith 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
False attribution
of work.17.-(1) A person has the right -
(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,
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.
Right to privacy-
commissioned
photographs
and films.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 -IP/N/1/BLZ/C/2
Page 31
(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
Duration of
moral rights and
related rights.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.
Consent and
waiver of rights.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 aninfringement 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
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.
Application of
provisions to
joint works.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 jointauthorship; 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.IP/N/1/BLZ/C/2
Page 32
   (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 -
(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.
Application of
provisions topart of work.22. The rights conferred by -
(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.
Meaning of
commercial
publication.23. In this Part ”commercial publication”, in relation to a literary, dramatic,
musical or artistic work means -
(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.
Regulations. 24.-(1) The Minister may, after consultation with the National Arts Council and
other bodies representing artists, writers, composers and performers, makeRegulations 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
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, iespecified rightli 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.IP/N/1/BLZ/C/2
Page 33
PART I V
Ownership and Assignment of Rights
Ownership of Copyright
Ownership of
copyright.25.-(1) Subject to this Act, the author of a protected work is the first owner 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.
   (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 shal l 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
Assignments
and licences.26.-(1) Subject to this section, copyright in a work shall be transmissible by
assignment, by testamentary disposition or by operation of law, as personal or
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;
(c) 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.
   (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 aIP/N/1/BLZ/C/2
Page 34
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.
Meaning of
copyright owner.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.
Prospective
owner of
copyright.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 c opyright (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 prospectiveinterest therein.
Copyright in
unpublished
works passesunder will.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 toit, 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.
Moral rights,
etc., notassignable.30. The rights conferred under Part III are not assignable.
Transmission of
moral rights,
etc., on death.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 rightIP/N/1/BLZ/C/2
Page 35
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.
   (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
Definition of
action.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.
Infringement.
by exercise of
unauthorised
acts.
by importation
of infringing
articles.33.-(1) The copyright in a protected work is infringed by any person who, not
being the owner of the copyright and wit hout the licence of the owner thereof -
(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;IP/N/1/BLZ/C/2
Page 36
by commercial
dealings in such
articles.(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.
Infringement by
distribution of
infringing
articles.   (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;
(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.
Proprietor of
place of public
entertainment
liable for
infringement.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 onlynominal.IP/N/1/BLZ/C/2
Page 37
Infringement by
providing
apparatus, etc.,
for givinginfringing
performances.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,
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 onreasonable 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 gavepermission 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
Action by owner
of copyright forinfringement.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.
   (2) Where, in an action for infringeme nt 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 theIP/N/1/BLZ/C/2
Page 38
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
delivery up incivil
proceedings.37.-(1) Subject to the provisions of this section, where a person -
(a) in the course of his business, has an infringing copy of a work in
his possession, custody or control; or
(b) has in his possession, custody or control an article specifically
designed or adapted for making copies of a particular protectedwork, 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 cour t 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.
Right to seize
infringing
copies, etc.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.IP/N/1/BLZ/C/2
Page 39
   (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 moveable
structures, vehicles, vessels and aircraft.
Wide injunction
available to
licensing bodies.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.
Proceedings in
case of copyright
subject to
exclusive licence.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 aright 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 thecopyright.
   (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 rightsand 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,IP/N/1/BLZ/C/2
Page 40
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 oradded 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 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 respectthereof.
   (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 inthat 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 otherIP/N/1/BLZ/C/2
Page 41
party under that section in respect of the same infringement.
    (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 commencementof 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 undersection 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
Infringement of
right to be
identified asauthor or
director.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.
Infringement of
right to object toderogatory
treatment of
work.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
(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) i n 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 theIP/N/1/BLZ/C/2
Page 42
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 derogatorytreatment, 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 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.
Infringement by
possession ofinfringing article.43.-(1) The right conferred by section 16 is also infringed by a person who -
(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.
False attribution
of work;
infringement.44.-(1) Subject to the provisions of this section, the right conferred on a person
by section 17 not to have a literary, dramatic, musical or artistic work falsely
attributed to him as its author or a film falsely attributed to him as its director, is
infringed by any person who -
(a) issues to the public copies of a work of any of those descriptions
in or on which there is a false attribution; or
(b) exhibits in public an artistic work or a copy of an artistic work in
or on which there is a false attribution.IP/N/1/BLZ/C/2
Page 43
    (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 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.IP/N/1/BLZ/C/2
Page 44
Infringement of
privacy right
respecting
photographs,etc.45. The right conferred by section 18 in relation to a commissioned photograph
or film is infringed by a person who does or authorises the doing of any act
mentioned in that section in relation to that work; but the right is not infringed by
any of the following acts to the extent that, pursuant to Part VI, such act wouldnot infringe copyright in the work -
(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
infringing moral
rights, etc.46.-(1) The infringement of a right conferred under section 15, 16, 17 or 18 is
actionable as a breach of statutory duty owed to the person entitled to the right.
    (2) In an action for infringement of the right 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 suchterms 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 suchcorrection in such terms and in such newspaper as the court may direct.
Presumptions
Presumptions as
to subsistence
and ownership
of copyright.47. In an action brought by virtue of this Part -
(a) copyright shall be presumed to subsist in the work to which 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 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.IP/N/1/BLZ/C/2
Page 45
Presumption in
relation to -
authorship of
protectedworks;
ownership;
originality;
publication.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 iscommonly 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 werereferences to one of the authors.
-ownership.   (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
(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.
- originality.
- 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 thatcountry 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.
Presumptions
where action
relates to sound
recordings, films,
and computerprograms.
- ownership.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; orIP/N/1/BLZ/C/2
Page 46
- publication. (b) that the recording was first published in a specified year in a
specified country,
the label or mark shall be admissible as evidence of the facts stated and shall be
presumed to be correct until the contrary is proved.
-author/director.
- ownership.
- publication.   (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;
(b) that a named person was the owner of copyright in the film at the
date of issue of the copies; or
(c) that the film was first published in a specified year or in a
specified country,
he statement shall be admissible as evidence of the facts stated and shall be
presumed to be correct until the contrary is proved.
- ownership.
-publication.   (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
at the date of issue of the copies; or
(b) that the program was first published in a specified country or that
copies of it were first issued to the public in electronic form in a
specified year,
the statement shall be admissible as evidence of the facts stated and shall be
presumed to be correct until the contrary is proved.
    (5) The presumptions specified in subsections (2), (3) and (4) apply equally in
an action relating to an infringement alle ged to have occurred before the date on
which the copies were issued to the public.
- author/director
- ownership.   (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-
(a) that a named person was author or director of the film;
(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 beforethe date on which the film as shown in public, broadcast or included in a cable
program service.IP/N/1/BLZ/C/2
Page 47
Withdrawal of
privilege against
incrimination of
self or spouse ininfringement and
related
proceedings.50.-(1) In this section -
“related offence”, in relation to any proceedings to which subsection (2) applies
means -
(a) in the case of proceedings within subsection (3) (a) or (b) -
(i) any offence committed by or in the course of the infringement
to which those proceedings relate; or
(ii) any offence not within subparagraph (i) committed in
connection with that infringement, being an offence involving
fraud or dishonesty;
(b) in the case of proceedings within subsection (3) (c), any offence
revealed by the facts on which the plaintiff relies in thoseproceedings;
“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 factson
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 relatedpenalty -
(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 a person -IP/N/1/BLZ/C/2
Page 48
(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 inproceedings 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
restricting
importation of
infringingcopies.51.-(1) The owner of the copyright in any published literary or musical work or in
any film or published sound recording may give notice in writing to the
Comptroller of Customs -
(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 orsound 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.
   (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, theimportation 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 articleby 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;IP/N/1/BLZ/C/2
Page 49
(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 articledetained;
(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,
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) byreason that any goods are treated as prohibited goods by virtue of this section.
Offences
Penalties in
respect of
dealings which
infringe
copyright52.-(1) Any person who, without the licence  of the copyright owner, at a time
when copyright in a work subsists by virtue of this Act -
(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 formaking infringing copies for sale or hire or for use in the course of business,
commits an offence.
    (3) Any person who causes-
(a) a literary, dramatic or musical work to be performed in public; or
(b) a sound recording or film to be played, or as the case may be,
shown in public,IP/N/1/BLZ/C/2
Page 50
(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.
Presumptions
not to apply.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.
Order to deliver
up in criminal
proceedings.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 -
(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 wasto 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 theoffence, 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.IP/N/1/BLZ/C/2
Page 51
PART VI
Exceptions to Infringement of Copyright
Preliminary
Definitions. 55. For the purposes of this Part -
“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, orthe author has previously agreed or required that no acknowledgement of his
name should be made, also identifying the author.
General Exceptions
Research and
private study.56.-(1) Subject to subsection (2) and section 58, fair dealing with a protected
work for the purposes of research or private study does not infringe copyright 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
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 samepurpose.
Criticism, review
and reporting.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 prov ided 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 notIP/N/1/BLZ/C/2
Page 52
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.
Determining fair
dealing.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;
(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.
Incidental
inclusion ofprotected work.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 anythingwhose 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 amusical work or such words, shall not be re garded as incidentally included if it is
deliberately included.
Use of Work for Educational Purposes
Acts done for
purposes ofinstruction or
examination.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 courseof 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 purposes of an
examination by way of setting the questions, communicating the questions to
candidates or answering the questions.IP/N/1/BLZ/C/2
Page 53
Anthologies for
educational use.61.-(1) The inclusion, in a collection intended for use in educational institutions,
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 periodof 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
(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 aloneor in collaboration with another.
Performing,
playing or
showing worksin course of
activities of
educational
establishment.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.IP/N/1/BLZ/C/2
Page 54
    (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.
Recording of
broadcasts, etc.,
at educational
establishments.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 suchrecordings or copies, and the person making the recordings knows or ought to
have been aware of that fact.
Restriction on
reprographiccopying from
published works.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 behalfof 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 tosay, 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 inquestion 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 ormusical 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.
Subsequent
dealings withauthorised copies.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 issubsequently dealt with, it shall be treated as an infringing copy for the purposes
of that dealing, and if that dealing infringes copyright, for all subsequent
purposes.
    (2) In subsection (1), “dealt with” means sold, or let for hire or offered or
exposed for sale or hire.
Exceptions affecting Libraries and Archives
Interpretation of
references;
regulations.66.-(1) In sections 67 to 70 references to the librarian or archivist include
references to a person acting on his behalf.IP/N/1/BLZ/C/2
Page 55
   (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.
Supply by
librarian of
copies of
published work.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
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;IP/N/1/BLZ/C/2
Page 56
(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.
Supply of
copies to other
libraries.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.
Replacing
copies of works.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 permanentcollection 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 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
unpublished
work.70.-(1) Subject to subsection (2), the librarian of a prescribed library or archive
may, if the prescribed conditions are complied with, make and supply a copy 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; orIP/N/1/BLZ/C/2
Page 57
(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 thegeneral expenses of the library or archive) attributable to their
production.
Exceptions Relating to Public Administration
Parliamentary
and judicial
proceedings and
statutory
inquiries.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 containing the work or material from it.
   (5) In this section, “statutory inquiry” means an inquiry held or investigation
conducted in pursuance of a duty imposed or power conferred by or under an
enactment.
Public records. 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 isopen 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
Design
documents and
models.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.IP/N/1/BLZ/C/2
Page 58
   (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.
Where design
derived fromartistic work is
exploited.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.
   (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.IP/N/1/BLZ/C/2
Page 59
Exception Relating to Works in Electronic Form
Transfer of
works inelectronic form.75.-(1) Where a work in electronic form has been purchased on terms which
expressly or impliedly or by virtue of an y rule of law, allow the purchaser to copy
the work or to adapt it or to make copies of an adaptation in connection with his
use of it, then, in the absence of any express terms -
(a) prohibiting the transfer of the copy by the 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.
   (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
licences:
recordings for
broadcasting.76.-(1) Where by virtue of an assignment or licence a person is authorised to
broadcast or include in a cable program service, a literary, dramatic, musical or
artistic work or a film or sound recording from a place in Belize but (apart 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
cable program service in pursuance of the assignment or licence,
or such extended period (if any) as may be agreed between theIP/N/1/BLZ/C/2
Page 60
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.
making of
records;   (4) Where records of a literary, drama tic or musical work have, with the licence
of the owner of the copyright in the work, been previously 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 mont hs 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 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 recordin question.
simultaneous
transmission
by cable ofbroadcast
programmes.   (5) Where a literary, dramatic, musical or artistic work or film or sound
recording is broadcast with the licence of the copyright owner, any person may,
without obtaining the licence of the copy right owner incorporate (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; andIP/N/1/BLZ/C/2
Page 61
(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
broadcast; and the term “material” includes a commercial advertisement.
Reading or
recitation in
public.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 recitationwhich, 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.
Representation
of artistic works
on public
display.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 inpremises 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.
Reconstruction of
buildings.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 withwhich the building was, by or with the licence of the copyright owner,
constructed.
Subsequent work
by same artist.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.IP/N/1/BLZ/C/2
Page 62
Miscellaneous Exceptions Respecting Broadcasts
Recording
broadcasts forprogramme
supervision.81. Copyright is not infringed by the making or use by a prescribed broadcasting
organisation for the purpose of maintaining supervision and control overprograms, of recordings of those programs.
Recording for
purposes of time
shifting.82. The making for private and domestic use of a recording of a broadcast or
cable program solely for the purpose of enablin g 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.
Provision of
subtitled copies
of broadcast or
cable programme.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 issatisfied 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.
Adaptations
Adaptations. 84. An act which by virtue of this Part may be done without infringing copy-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
Power of
Minister to
prescribe
exceptions toinfringement.85.-(1) The Minister may, by Order, provide that the copyright in a work, or in
works within a category, specified in the Order is not infringed where in relation
to such work, or works, such acts as are specified in the Order are done in certain
circumstances specified in the Order.
   (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 thepurpose 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 shallbe paid by way of equitable remuneration to the owner of the
copyright in any work to which the order relates.IP/N/1/BLZ/C/2
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   (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.
PART VII
Copyright Licensing
Licensing schemes and licensing bodies
Jurisdiction of
Supreme Court.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 theuse of the work or performance; and
(iii) to grant consent on behalf of a performer pursuant to
section 134.
Procedure in
proceedingsbefore Supreme
Court.87.-(1) The procedure regulating the making of references and applications to the
Supreme Court and proceedings before the Supreme Court arising out of thejurisdiction 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 anyother party and may tax or settle the costs or direct in what manner they are to be
taxed.
   (3) Where -
(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 paymentIP/N/1/BLZ/C/2
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and may stipulate such other conditions of payment as it
considers reasonable.
Licensing
schemes andlicensing
bodies.88.-(1) For the purposes of this Act –
(a) “ copyright licence” means a licence to do, or authorise the doing
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 copyrightor 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 grantcopyright licenses; and
(ii) the terms on which licences would be granted in those
classes of case, and for this purpose a “scheme” includes
any thing in the nature of a scheme, whether described asa 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);
andIP/N/1/BLZ/C/2
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(d) any company which is controlled by a person who directly or
indirectly controls a company referred to in paragraph (a),(b) or
(c).
References and applications with
respect to licensing schemes
Licensing
schemes to
which sections
90 to 95 apply.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 typographicalarrangement 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.
Reference of
proposed
licensing
scheme toSupreme Court.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 toany description of case.
   (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.IP/N/1/BLZ/C/2
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Reference of
existing licensing
scheme to
Supreme Court.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.
Further
reference to
Supreme Court.92.-(1) Where the Supreme Court has on a previous reference of a licensing
scheme under section 90 or 91, or under this section, made an order with 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.IP/N/1/BLZ/C/2
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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.
Application for
a grant of licence
in connection
with licensing
scheme.93.-(1) A person who claims, in a case covered by a licensing scheme, that the
licensing body has refused to grant him or procure the grant to him of a licence in
accordance with the scheme, or has failed to do so within a reasonable 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 isentitled to a licence on such terms as th e Court may determine to be applicable in
accordance with the scheme or, as the case may be, to be reasonable in the
circumstances.
   (5) The order may be made so as to be in force indefinitely or for such period as
the Court may determine.
Application for
review of order
as to entitlementto licence.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; orIP/N/1/BLZ/C/2
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(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 fo r review confirm or vary its order as the
Court may determine to be reasonable havi ng regard to the terms applicable in
accordance with the licensing scheme or, as the case may be, the circumstances
of the case.
Effect of order of
Court as to
licensing
scheme.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.
   (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 notearlier 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 sopayable by virtue of the order.
   (3) (c) No such direction may be made where subsection (4) applies.IP/N/1/BLZ/C/2
Page 69
   (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 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 copyrightin question on the terms specified in the order.
References and applications with respect to individual licensing by
licensing bodies
Licences to
which sections
97 to 100 apply.96. Sections 97 to 100 (references and applications with respect to individual
licensing by licensing bodies) apply to the following descriptions of licence
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 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.
Reference to
Supreme Court of
proposed licence.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.IP/N/1/BLZ/C/2
Page 70
   (4) The order may be made so as to be in force indefinitely or for such period as
the Court may determine.
Reference to
Supreme Court ofexpiring licence.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 Courton 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 of the
licence on such terms as the Court may determine to be reasonable in thecircumstances.
   (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.
Application for
review of order
as to licence.99.-(1) Where the Supreme Court has made an order under section 97 or 98, the
licensing body or the person entitled to the benefit of the order 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 fo r review confirm or vary its order as the
Court may determine to be reasonable in the circumstances.
Effect of order of
Supreme Court
as to licence.100.-(1) Where the Supreme Court has made an order under section 97 or 98 and
the order remains in force, the person enti tled to the benefit of the order 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.IP/N/1/BLZ/C/2
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   (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 madeor, 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.
Factors to be taken into
account in certain classes of case
General
considerations:
unreasonable
discrimination.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 otherschemes operated by, or other licences granted by, the same person.
Licences for
reprographic
copying.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 ofpublished 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.IP/N/1/BLZ/C/2
Page 72
Licences for
educational
establishments
in respect ofworks included
in broadcasts
or cable
programmes.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.
   (2) The Supreme Court shall, in considering what charges (if any) should be
paid for a licence, have regard to the ex tent 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.
Licences to
reflect
conditions
imposed by
promoters of
events.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 shallnot 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.
Licences to
payments inrespect of
underlying rights.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 ofcopies 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 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 performa nce included in the recording, film,
broadcast or cable program.
Mention of the
specific matters
not to excludeother relevant
considerations.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.IP/N/1/BLZ/C/2
Page 73
PART VIII
Rights in Performances
Conferment of
rights in
performances.107.- (1) By virtue of, and subject to th e 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 done before
commencement, or in pursuance of arrangements made before commencement,
shall be regarded as infringing those rights.
Performer’s Rights
Consent required
for recording or
live transmission
of performance.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 qualifyingperformance; 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 awarde d against a defendant who shows that at
the time of the infringement he believed on reasonable grounds that consent had
been given.
Infringement of
performer's rights
by use of
recording made
without consent.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,IP/N/1/BLZ/C/2
Page 74
by means of a recording which was, and which that person knows or has reason
to believe was, made without the performer’s consent.
Consent and
royalty requiredfor adaptation
of recording.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 anoriginal recording of a qualifying performance (whether authorised or not) for the
purpose of making an adaptation of the recording.
   (2) In subsection (1), “an adaptatio n of the recording” means a recording in
which the performance is accompanied by lyrics or music not contained in the
original recording.
Infringement of
performer's
rights by
importing,
possessing, etc.,illicit 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 reasonablepayment in respect of the act complained of.
   (3) In subsection (2) “innocently acquired” means that the person acquiring the
recording did not know and had no reason to believe that it was an illicit
recording.
Rights of Person having Recording Rights
Consent required
for recording of
performance
subject toexclusive
contract.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 de fendant who shows that at the time of
the infringement he believed on reasonable grounds that consent had been given.IP/N/1/BLZ/C/2
Page 75
Infringement of
recording rights
by use of
recording madewithout consent.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).
Infringement of
recording rights
by importing,
possessing, etc.,
of illicitrecording.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 inrespect of the act complained of.
   (3) In subsection (2), i2innocently acquiredlt 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
Duration of
rights in
performances.115. The rights conferred by this Part subsists for fifty years from the end of the
calendar year in which the performance takes place.IP/N/1/BLZ/C/2
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Transmission
of rights in
performances.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 -
(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 himimmediately 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 Consent. the
right passes in the same way as if the consent had been given by him.
Remedies for Infringement of Rights in Performances
Infringement
actionable as
breach of
statutory duty.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.IP/N/1/BLZ/C/2
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Order for
delivery up of
illicit recording
in courtproceedings.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.
Rights to seize
illicit recordings.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 orderunder 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 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
for making,
dealing with or
using illicit
recordings.121.-(1) A person commits an offence who without sufficient consent –
(a) makes for sale or hire; or
(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; orIP/N/1/BLZ/C/2
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(iii) distributes,
a recording which is, and which he knows or has reason to believe is, an illicit
recording.
   (2) A person commits an offence who causes a recording of a performance
made without sufficient consent to be –
(a) shown or played in public; or
(b) broadcast or included in a cable 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 paragraph (a), (b) or (d) (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 exceedingfive 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 toIP/N/1/BLZ/C/2
Page 79
imprisonment for a term not exceeding one year or to both such fine and
imprisonment.
Order for
delivery up ofillicit recording in
criminal
proceedings.122.-(1) The court before which proceedings are brought against a person for an
offence under section 121 may, if satisfied that at the time of his arrest or chargehe had in his possession, custody or control in the course of a business an illicit
recording of a performance, order that it be delivered up to a person having
performer’s rights or recording rights in relation to the performance or to such
other person as the court may direct.
   (2) An order may be made by the court of its own motion or on the application
of the prosecution and may be made whether or not the person is convicted of theoffence, 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.
   (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.
False
representation
of authority to
give consent.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 aterm not exceeding eighteen months or to both such fine and imprisonment.
Exceptions to Infringement of Rights
Conferred under this Part
Fair dealing for
criticism, etc.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.
Incidental
inclusion of
performance or
recording.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;IP/N/1/BLZ/C/2
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(b) by anything done in relation to copies of, or the playing,
broadcasting or inclusion in a cable program service of anything
whose 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.
Acts done to
recording ofperformance for
purposes of
instruction, etc.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 orfilm 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 th at 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.
Recording of
broadcasts and
cable
programmes
by educational
establishments.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 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 insection 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.
Acts done to
performance or
recording for
parliamentary
proceedings,
etc.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.IP/N/1/BLZ/C/2
Page 81
Transfer of
recording of
performance in
electronic form.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 illicitrecording for all purposes after the transfer.
   (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
of spoken words.130.-(1) Where a recording of the reading or recitation of a literary work is 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 thefollowing 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; andIP/N/1/BLZ/C/2
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(d) the use is by or with the authority of a person who is lawfully in
possession of the recording.
Incidental
recording forpurposes of
broadcast or
cable
programmes.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 cableprogram 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.
Recordings for
supervision and
control of
programmes
permitted.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.
Order excepting
acts from
infringing rights
under this Part.133.-(1) The Minister may, by Order published in the Gazett e, provide that the
rights conferred by this Part in relation to a performance specified in the Order
are not infringed by the doing of such acts as are specified in the Order 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 theOrder.
   (3) No Order may be made under this section unless the Minister is satisfied –IP/N/1/BLZ/C/2
Page 83
(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 aparty.
Court may
consent on behalf
of performer.134.-(1) Subject to the provisions of this section, the Supreme Court may, on the
application of a person who wishes to make a recording from a previous
recording of a performance, give consent in a case where –
(a) the identity or whereabouts of a performer cannot be ascertained
by reasonable inquiry; or
(b) a performer unreasonably withholds his consent.
   (2) Consent given by the 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 notinclude 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 isotherwise consistent with the purposes for which, the 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 thinksfit as to the payment to be made to the performer in consideration of consent
being given.IP/N/1/BLZ/C/2
Page 84
PART I X
General
Supplementary provisions
Order for
disposal of
infringing copy
or illicit
recording.135.-(1) An application may be made to the Supreme Court for an order that-
(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
(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 noticeIP/N/1/BLZ/C/2
Page 85
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 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 itsreturn.
   (6) References in this section to a person having an interest in a copy or other
article or a recording include any person in whose favour an order could be made
in respect of the copy, article or, as the case may be, recording under this section.
Period after
which remedy of
delivery up not
available.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.
Time limited for
prosecution.137. No prosecution for an offence under this Act shall be commenced after the
expiration of five years after the commission of the offence or one year after the
discovery thereof, whichever date last occurs.
Powers of
police officers.138.-(1) Any police officer may-
(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 copiesIP/N/1/BLZ/C/2
Page 86
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;
(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 entry and
search ofdomestic
premises.139.-(1) No domestic premises shall be entered and searched by a police officer
unless a magistrate has issued a warrant under subsection (2).
   (2) A magistrate may, if he is satisfied by information on oath that there is
reasonable ground for suspecting that there is in any domestic premises any
article which may be seized, removed or detained under any provision of this Act,
issue a warrant 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
police officers.140. (1) Without prejudice to any other written law, any person who –IP/N/1/BLZ/C/2
Page 87
(a) wilfully obstructs a police officer in the exercise of his powers or
the performance of his duties under this Act;
(b) wilfully fails to comply with any requirement properly made to
him by any such police officer; or
(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 anoffence 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.
Offences by
bodies
corporate.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 personwho 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.
Power to make
Regulations.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
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 copyrightand 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 tonegative resolution.IP/N/1/BLZ/C/2
Page 88
PART X
International Relations
Power to apply
provisions of
Act to other
countries.143.-(1) Subject to the provisions of subsection (3), the Minister may by Order
published in the Gazette provide that, in relation to any country specified 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;
(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 madeunder the laws of that country whereby adequate protection will be given to
owners of copyright or rights in performances conferred by this Act.IP/N/1/BLZ/C/2
Page 89
International
organisations.144.-(1) Where it appears to the Minister that it is expedient that the provisions 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 virtueof this subsection, subsist in the work immediately after the first publication
thereof, and-
(a) the work is so published in pursuance of an agreement with the
author which does not reserve to the author the copyrights, ifany, 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 organisationshall, 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 toIP/N/1/BLZ/C/2
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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 corporateshall 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.
Denial of
copyright orrights in
performance.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 adequateprotection in the case of one or more classes of such works or performances,
(whether the lack of protection relates to the nature of the work or performance or
the nationality, citizenship or country of its author or performer or all of those
matters) the Minister may, by Order 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 thecommencement 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 performancesuch a qualified person.
PART XI
Repeals, Savings and Transition
Repeals.
Ch. 198.146.-(1) The Copyright Act, and the Copyright Act 1956 of the United Kingdom
in so far as it has effect as part of the law of Belize, shall stand repealed at the
commencement of this Act.
CAP. 1.    (2) Without prejudice to section 29 of the Interpretation Act, the repeals
effected by subsection (1) include the repeal of –IP/N/1/BLZ/C/2
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(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.
Savings. 147.-(1) Nothing in this Act shall affect the operation of any rule of equity
relating to breaches of trust or confidence.
CAP. 49.   (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.
Copyright
subsists only
under 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.
Enforcement of
copyright subjectto public interest.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 ofpublic interest or otherwise.
Transitional. 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 tosubsist 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;
(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 conferredby 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, indefault 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 underIP/N/1/BLZ/C/2
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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, butfor 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 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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