WORLD TRADE ORGANIZATION 
ORGANISATION MONDIALE DU COMMERCE 
ORGANIZACION MUNDIAL DEL COMERCIO 
Council for Trade-Related Aspects of 
Intellectual Property Rights IP/N/lIJAM/CIl 
18 October 2002 
(02-5671) 
Original: Englishl 
anglaisl 
ingles 
MAIN DEDICATED INTELLECTUAL PROPERTY LAWS AND REGULATIONS 
NOTIFIED UNDER ARTICLE 63.2 OF THE AGREEMENT 
JAMAICA 
The present document reproduces the texe of the following laws and regulations, as notified by Jamaica 
under Article 63.2 of the Agreement (see document IP/N/l/JAM/2): 
Copyright Act, 1993. 
Copyright (Amendment) Act, 1999. 
Conseil des aspects des droits de propriete 
intellectuelle qui touchent au commerce 
PRINCIPALES LOIS ET REGLEMENTATIONS CONSACREES A LA 
PROPRIETE INTELLECTUELLE NOTIFIEES AU TITRE 
DE L'ARTICLE 63:2 DE L'ACCORD 
JAMAIQUE Page 
2 
98 
Le present document contient le texte1 des lois et reglementations ci-apres, notifiees par la Jamai'que au titre 
de l'article 63:2 de l'Accord (voir le document IP/N/l/JAMl2): 
Loi sur le droit d'auteur de 1993 
Loi sur le droit d'auteur (modification) de 1999 
Consejo de los Aspectos de los Derecbos de Propiedad 
Intelectual relacionados con el Comercio 
PRINCIPALES LEYES Y REGLAMENTOS DEDICADOS A LA PROPIEDAD 
INTELECTUAL NOTIFICADOS EN VIRTUD DEL pARRAFO 2 DEL 
ARTiCULO 63 DEL ACUERDO 
JAMAICA Page 
2 
98 
En el presente documento se reproduce el texto1 de las siguientes leyes y reglamentos que Jamaica notific6 
de conformidad con 10 dispuesto en el parrafo 2 del articulo 63 del Acuerdo (vease el documento IP/N/l/JAMl2): 
Ley de Derecho de Autor de 1993 
Ley de Derecho de Autor (modificaci6n) de 1999 
I In English only'/En anglals seulernent.lEn ingles soIarnente. Pagina 
2 
98 IPINIlIJAM/CIl 
Page 2 
THE COPYRIGHT ACT 
ARRANGEMENT OF SECTIONS 
PART I 
PRELIMINARY 
1. Short title. 
2. Interpretation. 
3. Publication. 
4. Lawful reception of broadcast 
PART n 
CoPYRIGHT-
Protected Works 
5. Requirements far protectioa-
6. Category of eligible works. 
7. Qualification for protection: author. 
8. Qualification for protection: place of publicat,iQ.Q.. e.tc.-
9. N~!~e o~~'pyright .p~Qtection_: _ €:conomi~ and moral rights._ 
Duration of C~pyright p'rotection 
10. Duration of copyright in literary. etc. works. 
11. Duration of copyright in sound recordings and films. 
12. Duration of copyright in broadcasts ;and :cable programmes. 
13. Duration of copyright in typographical arrangement of editions. 
PART ID 
MORAL RIGHTS AND RELATED RIGHis 
li!entijiCationwith Work 
14. Right to be identified as author, :etc. 
Objection to Treatment of Work 
15. Right to object to. derogatory treatment of work. 
Related -Rights 
16. False attribution of work. 
17. Right to privacy of photographs and tilins. 
Supplementary 
18. Duration of moral rights and reiated rights. 
19. Consent and waiver of rights. 
20. Application of provisions to joint works. 
21. Application of prOvisions to parts of work. PART IV 
OWNERSHIP AND AsSIGNMENT OF RIGHTS 
Ownership of Copyright 
22. Ownership of copyrig1lt 
Assignment qf Copyright 
23. Assignment and licences. 
24. Prospective ownership of copyright. 
25. ExclUsive licence. 
26.:. Copyright in unpublished manuscript passes unaer will. 
27. Moral rights, etc. not assignable. 
28. Transmission of moral rights, etc. on death. 
PART V 
INFRINGEMENT OF RIGms 
General Provisions 
29. Meaning of "action". 
30. Provisions of Part subject to other provisions. 
Infringement of Copyright 
31. Acts infringing copyright. 
Remeq.ies of Copyright Owner 
32. Action by owner of copyright. 
33. Order for delivery up in civil proceedings. 
Remedies of Exclusive Licensee 
34. Infringement of rights of exclusive licensee. 
35. Infringement where riglits concurrent. 
Infringement of Moral Rights arul Related Rights 
36. Infringement ot. right to be id~ntified as author or guector. 
37. Infrigement of right to object to derogatry treatment of work. 
38. Infringent~n~ by possession. of infringing article. 
39. Acts noi infringing section 15. 
40. False.-attribution of work: infringement of right 
41. Infringement of privacy right respecting'photographs, etc. 
42. Effect ot. consent and· waiver or rights. 
Remedies for Infringement of Moral Rights and Related Rights 
43. Remedies for infringing moral rights, etc. IP/NIlIJAM/C/l 
Page 3 IP /N/I/JAMlC/I 
Page 4 
Presumptioni 
44. Presumptions where 'action relates:to literary works. ,etc. 
45. Presumptions. where action relates to sound recordings. filrils or 
computer programs. 
46. 
47 . . , 
48. Offences 
Penalties in :r;espe.ct of dealings which infringe CQPyright. 
PresUm~tions not to apply. 
Order to deliver up in criminal proceedings. 
Supplementary 
49. Application of provisions as to entry and search. 
50. Provision fo;r restricting importation of infringing copies. 
PART VI 
EXCEPTIONS TO INFR,ING~ OF 9>PYlUGm 
Preliminary 
51. Definition o~ ··sufficient acknowled,$ement"_ 
General Exceptions 
52. Research and private study. 
53. Criti,cism. review and reporting,_ 
54. Deternililing fau dealing. 
55. . Ii1cideiital inclusion of protected work. 
Use 0/ Work fOT Educan.o'!lll fur-postis 
56. Acts d~for p11lllOses of instruction or examination. 
57. Antholbgies wr educational use. -... '.~... 
58. Recording of broa.g.cas~ .. e~c. by ~ducati~ ,~s~blishn;tetlts .. 
59. Restriction on reprographic copying by educational establish­
~ts." 
60. Subsequent dealings. with authopzed copies. 
Exceptions affecting Libraries and Archives 
61. Interpretation of .references: .regulations: 
Q~."." Supply by'libr:arian'Of copies of. published;'Work. 
63. Supp~ of copies to other libraries. 
64. Replacing copies of works. 
65. Copying of unpublisbed, work. 
Exceptions Relating to 'fublic Aan#nistraiion . 
66. Parliamentary and ju4i,cial proceeclliigs and. 'sia:tUtory inquiries. 
67. Public RecordS. iJesigns 
68. Design d~cum.en:ts an4 rg.odels. 
69. Where desiga derived· from artistic work is exploited; 
Exception Relating to Works in Electronic Form 
70. Transfer ~f works in electronic form. 
Miscellaneous Exceptions Relating to Literary, 
Dramatic, Musical and ArtiStic Works 
71. Anonymous and pseudonymous, literary etc. works. 
72. Use of notes of recordings of spoken word. 
73. Reading or recitation in public. 
74. Represep:t<itioItof artistic wo:rks on public di$play. 
75. Reconstruction of buildings. 
76. Subsequent work by same artist 
Misecllaneous Exceptions Relating to Sound Recordings. .. 
-f • -.' •• - • 
Films and Computer Programs IPINIl/JAMlCIl 
Page 5 
77. ~g et~ ..• of recordings of musical work previously fuade or 
-imporied~ 
78. Rental of sound recordings. etc. 
79 .. PIayfug of sound recording for ~mi>ases of char.itablebrga.nq;a­
tions. 
Misceltaneo~ Excl!Ptions Respecting Broadcasts 
and Cable Programmes 
. . 
80. Incidental recording. for purposes of broadcast or cable . pro-
gramme. 
81. Recordings of broadcasts for programme control. 
82. Recording fo; archival purp<?ses. 
83. Reception and retnmsmission of broadcast ID cable-piograinme 
service. 
84. Recording for purposes of time shifting. 
Adaptations 
85. Adaptati9ns. 
Prescribed Exceptions 
86. Power of Minister to prescribe exceptions to infringement. IPINIlIJAMlCIl 
Page 6 
PARTVIT 
CoPYRIGHT LICENSING 
Preliminary 
87. Interpretation for purpo,ses of Part 
88. Licensing schemes to which sections 89 to 94 apply. 
References and Applications Respecting Licer.sing 
Schemes 
89. Reference of proposed licensing scheme. 
90. Reference of existing licensing scheme. 
:,,9.1., F~er reference of scheme. 
92. Application for grant of licence in connection' v..jth licensing 
scheme. 
93. Application for review oJ order as, t~ entitlemen~ to licence. 
94. Effect of order of Tribunal as to licensing scheme. 
peferences and,Applications ,Respectillg Licences 
and licensing Bodies 
95. Licences to which sections 96 to 99 apply. 
96. Reference to Tribunal of proposed licence. 
97. Reference to Tribunal! of expiring licep.cf?~ 
98. Application for review o.f order as to licence. 
99. Effect, of order of Tribunal as to licence. 
Supplementary' 
100. Regulations may prescribe factqrs to be taken into account. 
101. Royalty payable for rental of sound recordin~. film. et~. , 
102. Ministerial order in relation to licensing scheme. 
PART vm 
THE COPYRIGHf 1'RmUNAL 
103. Establishment of Co,pyright Tribunal. 
104. Jurisdiction of Tribunal. 
105. Regul!a.tions relating to proceedings of Tribunal. 
106. Appeal on point of law. 
PART IX 
RIGHTS IN PERFORMANCES 
107. Conferment of rights in performances. Performers' Rights IP/N/1/JAM/CIl 
Page 7 
108. Consent required for _ recording or live transmission of per­
formance. 
109. Infringement o~ performer's rights by use of recording made 
without consent. 
110. Consent and royallty required for adaptation of recording. -
111. Infringement of performer's rights by importing. posses~g. etc .• 
illicit recording. 
Rights of Person !iaving Recording Rights 
112. Cons~t' required for recording of performance subjeQt to 
exclusive contract. 
113. Infringement of recording rights by use of recordings made 
without consent. 
J14. Infri;lget:nent- of recording rights by impot:ting. possessing. etc .• 
illicit recording. 
Exceptions to Infringement 
115. Permitted acts in ~tion to performances. 
116. Fair dealing for criticism. etc. -
117. Incidental inclusion of performance or recording. 
US. Acts done to recording or Performance for purposes of in­
struction. etc. 
119. Recording of broadcasts and cable programmes by educational 
establishments. 
120. Acts done to performance or recording for Par~amentary pro-
ceedings, etc. 
121. Transfer of recording of performance in electroni~ form. 
122. Use of recordings of spoken words. 
123. Playing sound recording as part of activities of charitable 
organization. etc. 
124. Incidental recording for purposes of broadcast or cable pro­
gramme. 
125. Recordings for sup~i9n and contr91 of programmes. . 
126. Recording of broadcast or cable programme for archlval!' pur­
poses. 
127. Order excepting acts from infringing rights under this Part 
128. Tnounal may consent on behalf of performer. 
Duration and TransmIssion of Rights in Performances;- Consent 
129. 1;:>uration of rights in performances. 
l39. Transmission of rights in performances. 
131. Consent. 
Remedies for Infringement of Rights 
zn Performances 
132. Infringement actionable as breach of statutory- duty. 
133. Order for delivery up of illicit recording in civil! proceedfu-gs. IP/N/lIJAMlC/l 
Page 8 
Offences 
134. CrimfuaI liability for ma.kiilg. d'ealing with or using illicit 
recordings. 
135. Order for delivery up of illicit recording in criminal proceed-
ings. 
136. False representation of authority tt>. giy.~ consent. 
PART X 
GENERAL 
137. Order for disposal of infringing copy or illicit recording. 
138. iPeriod after which remedy or delivery up not available. 
139. Time limited for prosecution. 
140. Powers of members of Constabulaxy Force. 
141. Restrictions on the entry and search of domestic premises. 
142. Obstruction of members of the Constabu!.:ary Force. 
143. Offences by bodies corporate. 
144. Power to apply provisions of Act to other country. 
145. Denial of copyright or rights in performances. 
146. International organizations. 
147. Territorial waters and exclusive economic zone. 
148. Act applies to Jamaican ships. aircraft. 
149. Act binds Crown. 
150. Regulations. 
151. Repeals. 
152. Savings. 
153. Transitional. IP/NIlIJAM/CIl 
Page 9 
THE COPYRIGHT ACT 
PART I 
PRELIMINARY [J st September, 1993.] 
1. This Act may be cited as the Copyright Act. 
2.-(1) In this Act­
"adaptat~on" means-
(a) in relation to a literary or dramatic work-
(i) a translation of the work which, as 
respects a computer program, 
includes a version of the program in 
which it is converted into or out of 
a computer,language or code or into 
a different computer language or 
code, otherwise than incidentally in 
the course of running the program; 
(ll) a version of a dramatic work in which 
it is converted into a non-dramatic 
work or, as the case illay be, of a 
non-dramatic work in which it is 
converted into a dramatic work; 
(ill) a version of a work in which the 
story or action is conveyed wholly 
or mainly by means of pictures in a 
form suitable for .reproduction in a 
book or in a newspaper, magazine or 
similar periodical; 
(b) in relation to a musical work, an arrange­
ment or tran~cription of the work; 
"appointed day" means 1st September, 1993; 
"article" in the context of an article in a periodical, 
includes an itexp; of any description; 
-"artistic work" means-
{a) a graphic . work, photograph, sculpture or 
collage, whether the work is of artistic 
quality or not; 
(b) a building or a mo.del.of.a building,. whether 
the building or model is of artistic quality 
or not; or 
(c) a work of artistic craftsm~hip tG wlrich 
neither paragraph (a)" nor paragraph (b) 
applies; . Act 
4 of 1993. 
Short titlo. 
Interpreta­
tion. IPINIl/JAMlCIl 
Page 10 
"author'" in relation to a work, means the person who 
creates it, being in relation to-
(a) a literary or dramatic work, the author of 
the work; 
(b) a musical work, the composer; 
(c) an aristic work (other than a photograph) 
the artist; 
(d) a photograph, the person taking the photo­
graph; 
(e) a sound recording or film, the person by 
whom the arrangements necessary for the 
making of the recording or film are under­
taken; 
(f). the typographical arrangement of a pub­
lished edition, the publisher; 
(g) a broadcast, the person making the broad­
cast as described in section 4 (2) or, in the 
case of a broadcast which relays another 
broadcast by reception and immediate 
retransmission, the person making that other 
broadcast; 
(h) a cable programme, the person providing 
the cable 'programme service in which the 
programme is included; 
(1) . .a computer-generated literary, dramatic, 
musical or artistic work, .the person by 
whom the arrangements necessary for the 
creation of the work are undertaken, 
and in relationship to a work of a joint authorship, 
. -references in this Act to the author" of a work 
shall, except as otherwise provided, be construed as 
references to all the authors of the work; 
"a broadcast" means a transmission by vdreless tele­
gmphy of visual images, sounds or other infonma­
tion which-
{d) having r~gard to section 4, is capable of 
. being lawfully received by members of the 
public; or 
(b) is transm.itted for presentation to members 
of the public; . 
:'·to broadcast" means to transmit by wireless telegraphy 
visual.iIJ?ages or sounds, or both, for reception by 
the public notwithstanding that-" 
(d) subsequent to the initial transmission, but 
. "before reception by the public, the images 
" or sounds may be carried oIi a path provided 
by a material substance; IP/N/l/JAMJCIl 
Page 11 
(b), the public r~ceiving or capable of receiving 
the images or sounds is in a· country other 
than that from which the original transmis­
sion took place; or 
(c) no member of the public actually received 
the images Or sounds, provided only that 
members of the public could, if in posses­
sion of suitable apparatus, receive them, 
and "broadcasting" and "re-broadcasting" have 
corresponding meanings; 
"building" includes a fixed structure of any kind and 
a part of a building or fixed structure; 
"business" includes a trade or profession; 
"cable programme" means any item included in a cable 
'" programme service, 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; 
"c&.ble programme service" means a service which con­
sists wholly or mainly in sending visual images, 
sounds or other information by means of a tele­
communications system, otherwise than by wireless 
telegraphy, for reception-
(a) at two or more. places (whether for simul­
taneous reception or at different times in 
response to requests· by ~erent'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; 
~'coI1ective work" means-
(a) a work of joint authorship; or 
(b) a work in which there are distinct con­
tributions by different authors or in which 
works or parts of works of different authors 
are incorporated; 
~'computer-generated work" means a work generated 
by a computer in circumstances such that the work 
. has no human author; IP/N/lIJAM/CIl 
Page 12 
"computer progra~" means a set of instructions, 
whether expressed in words or in schematic or 
other form, which is capable, when incorporated 
~ a machine-readable medium, of causing an.elec­
tronic 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 
the work in any material form and, in 
respect of an artistic work, includes a repro­
duction in three-dimensions if the artistic 
. work is a two-dimensional work and a 
reproduction in two-dimensions if the art­
istic work is a three-dimensional work; 
(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 fihn, 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 description of work, includes a copy 
of the work that is transient or incidental 
to some other use of the 'work, 
~~ references to the copying of a work of any 
description shall be construed to' include a refer­
ence to storing the work in any medium by 
electronic means; 
"copyright" means copyright conferred by Part IT of 
'~Act;' 
"Copyright Tribunal" or ''Tribunal'' means the Tribunal 
established under section 103; 
"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 work of dance or mime; 
"educational establishment" means any school, college 
or other .educational body designated by the 
Minister by order either specifically or by refer­
ence to a class, for the purposes -of this Act; IJ>~/1/Jj\1v1I<:/1 
J>age 13 
"·exclusive licence" means a licence in writing signed 
by· or on behalf of the owner of copyright in a 
work authorizing the licensee, to the exclusion of 
-an other persons, inclliding the person granting' the 
licence, to exercise a right which would otherwise 
be exercisable exclusively by the owner of the 
copyright; 
uexclusive 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 
record4\gs of one or more of his performances 
with a view to their being s.hown or played in 
public., sold, let for hire or otherwise commercially 
exploited; 
"film" means a recording on any medium from which a 
moving image may by any means be produced; 
"futur~ copyright" means copyright which will or may 
come into existence in respect of any future work 
or class of works or on the occurrence of a future 
event, and "prospective owner"" shall -be construed 
accordingly and, in relation to any such copyright, 
_ includes a person prospectively entitled thereto by 
virtue of such an agreement as is m:entioned in 
section 24; 
~'graphlc work" inc1udes-
(a) any painting, drawing, diagram, map, chart, 
or plan; and 
(b) any engraving, etching, lithograph, wood­
cut or similar work; 
"illicit recording" in relation to a performance means a 
recording wherever made, the making of which 
constitutes an infringement of the rights conferred 
-on the performer or a person having -recording 
rights in relation to the performance pursuant to 
Part IX, and which does not fall within any of the 
exceptions specified in or authorized pursuant to 
--any provision of that Part; 
-~~infringing 'copy" in rela,tion to a protected work 
means-
(a) any copy of the work, the makiIlg of which 
is not authorized under or by virtue of any 
provision of this Act; IP/N/lIJAMlCIl 
Page 14 
(b) any copy of the work that is or is proposed 
to ,be imported into Jamaica and its making 
in 'Jamaica would have constituted ~ an 
infringement of the copyright in the work 
in question or a breach 'of an exclusive 
licence agreement relating to that work; 
"literary work" means any work, other than a dramatic 
or musical work, which is written, spoken or sung, 
and acco!dingly incIudes-
(a~ a written table or compilation; 
(b) 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, ex­
clusive of any words or action intended to be sung, 
spoken or performed with the music; 
"perlormer" 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, shall be construed to include 
references to the person who, pursuant to any pro­
vision of this Act, is for the time being entitled to 
exercise those rights; 
"performance'" in relation to-
(a) the rights conferred under Part IX, means-
6) a dramatic performance which 
includes dance and mime; 
(ll) a musical performance; or 
(ill) a reading or recitation of a literary 
work; 
(iv) a performance of a variety act or 
any similar presentation, 
that is, or to the extent that it is, a live per­
formance, given by one or more individuals; 
and 
(b) copyright in a literary, dramatic or musical 
work incIudes-
(i) delivery in the case of lectures, 
addresses, speeches and sermons; 
(ii) any mode of visual acoustic pre­
sentation, including presentation 
by means of a sound recording, IP/N/lIJAM/CI 1 
Page 15 
film, broadcast or cable programme 
of the work; 
"person having recording rights" in relation to a per­
formance means a person who-
(a) is a party to, and has the benefit of, an 
exclusive recording contract to which the 
performance is subject or to whom the 
benefit of such a contract has been assigned; 
and 
(b) is a qualified person, 
so, however, that, where a performance is subject 
to an exclusive recording contract but the person 
mentioned in paragraph (a) is not a quilified per­
son, the expression shaH be deemed to extend to 
any qualified person who is licensed by the person 
mentioned in paragraph (a) to make recordings of 
the performance with a view to their being shown 
or played in public, so1<1, let for hire or otherwise 
commercially exploited or to whom the benefit 
of such a licence has been assigned; 
"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 pur­
poses; 
"prospective owner"has the meaning assigned to it in 
the definition of "future copyright"; 
"publication" and "commercial pUblication" have the 
meaning assigned to those expressions, respectively, 
by section 3; 
"published edition" in relation to copyright in the 
typographical arrangement of a published edition, 
means the published edition' of the whole or any 
part of one or more literary, dramatic, musical or 
artistic works; IP/N/1/JAM/C/1 
Page 16 
"qualified person"-
(a) in the case of an individual, means a person 
who is a citizen of, or whose habitual resi­
dence is in, Jamaica or a specified country; and· . 
(b)· in the case of a body corporate,.; means a 
body incorporated or established under any 
·written law of Jamaica or a· .. specified 
country; 
"qualifying performance" means a· performance that­
(a) is ~ven by.an individual who is''a qualified 
person; or 
(b) takes place in Jamaica or' a' specified 
country; 
"record" means any disc, tape, perforated roll or other 
. device in which sounds are embodie,d so as to be 
capable of being reproduced therefroiIi; other than 
a soundtrack associated with a film,. but includes, 
in relation to a performance, a film incprpOrating 
the performance; 
"recording" in relation to a performan~ means a film 
or sound recording- . . 
(a) made directly from the live performance; 
(b) made from a broadcast of, or cable' pro­
. gramme including, the performarice; or 
(c) made directly or indirectly from another 
recording of the performance; 
"rental" means any arrangement under which a cop:y 
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 ser­
vices or amenities for which payment IS 
made, 
on terms that it will or may be returned; 
"~ep!ograpbic process" mea..ns a process­
(a) for ~aking facsimil~ copies; or 
(b) involving the -use of an appliance faT. 
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-IPINIlIJAMlCIl 
Page 17 
(a) a recording of sounds from which sounds 
may be reproduced; or 
(b) a recording of the whole or any part of a 
literary, dramatic or musical work from 
which sounds reproducing the work or part 
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 pursuant to section 144; 
"telecommuni-cations system" means a system for con­
veying visual images, sounds or other information 
by electronic means; 
"typeface" includes an ornamental motif used in print­
ing; 
"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 Dot 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 sending of electro­
magnetic ·energy over paths nOt provided by a 
material substance constructed or arranged for that 
purpose; 
"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 pub-
lished edition, 
and accordingly "protected work" means a work 
of any of such categories in which copyright sub­
sists by virtue of this Act; 
·"work of joint authorship" means a wOTk 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; IP/NIlIJAMlCI 1 
Page 18 
"writing" includes any form of notation, whether by 
hand or by printing, typewriting or any other pro­
cess and regardless of the method by which or 
the medium in or on which it is recorded, and 
"written" shall be construed accordingly. 
(2) References in this Act to the time at which, or 
the period during which, a work was made are references to 
the time or period at or during which it was first written 
down, recorded OJ' expressed in some other material form. 
3.-(1) Subject to the following provisions of this section, Publication. 
for the purposes of this Act publication in relation to a 
work means the issue of copies of the work to the public 
(whether by way of sale or otherwise) including, where the 
work is a literary, musical, dramatic or artistic work, the 
making available of copies to the public by means of an 
electronic retrieval system; and all related expressions shall 
be construed accordingly. 
(2) References in this Act to the issue to the public 
of copies of a work are to the act of putting into circulation 
copies not previously put into circulation in Jamaica or 
elsewhere, and not to--
(a) any subsequent distribution, sale, hiring or loan 
of those copieS; or 
(b) any subsequent importation of those copies into 
Jamaica, 
except that in relation to sound recordings, films and 
computer programs, the act of issuing copies to the public 
includes any rental of copies to the public. 
{3) F-Or the purposes of this Act "cOInmercial pub­
lication" in relation to a literary; dramatic, music21 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. 
(4) In the case of a work of architecture in the fonn 
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. IP /NI l/JAMlel 1 
Page 19 
(5) The following do not constitute publication for 
the purposes of this Act-
(a) in case of a literary, dramatic or mus~ca1 wprk­
(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 an-electronic 
retrieval system); 
(b) in the case of an artistic work­
(i) the exhibition of the work; 
(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 sculp­
ture or a work of artistic craftsmanship; 
(ill) 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 playing or showing of the work ID 
public; or 
(ii) the boadcasting of the work or its inclusion 
in a cable programme service. 
(6) A publication that is merely colourable and is not 
intendeCf to satisfy the reasonable requirements of the public 
shall be disregarded for the purposes of this Act except in 
so far as it may constitute an infringement of copyright or 
rights conferred on performers or persons having recording 
rights or may constitute an offence underthis Act. 
(7) For the purposes of this Act, a publication in 
Jamaica or in any other .country shall not be treated as 
being other than the first publication by reason only of an 
earlier publication elsewher~, jf the two publications took 
place within a period of not more than thirty days . 
. (S) _ In determining, for the purposes of any provision 
oJ this Act-. . 
(a) whether a work has been published; 
(b) whether a publication of a work was the first pub­
lication of the work; or IPlNl1lJAMlC/l 
Page 20 
Require­
ments fot 
protection. 
Category 
of eligible 
works. (c) whether a work was published or otherwise dealt 
with in the lifetime of a person, 
.any unauthorized publication or the doing of any other 
'1-!nauthor:i2;ed act shall be disregarded. 
4.-(1) In relation to the broadcast of a w.ork, an en­
crypted transmission shall be regarded as capable of being 
lawfully received by members of the public only if d~c.oding 
equipment has been made available to members of the public 
by or with the authority .of the person making the trans­
mission or the person providing the contents of the trans­
mission. 
(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 arrange­
ments necessary fQr its transmission, 
and references in this Act to a programme, in the context of 
broadcasting, are to any item included in a broadcast. 
PART IT 
COPYRIGHT 
Protected Works 
5.-(1) Unless otherwise specifically provided in this Act, 
copyright shall not subsist in any work unless it satisfies the 
requirements specified in this Part as respects-
(a) the category of work; and 
(b) either-
(1) the qualification of the author; -or 
(ll) the country or place of first puhlication, or 
in the case of a broadcast or cable pro­
gramme, the country or place where it is 
made or fro~ which it is sent, as the case 
may be. 
(2) If the requirements of this Part or of section 146 
are once satisfied in respect of a work, copyright does n.ot 
cease to subsist by reason of any subsequent event. 
6.-(1) Copyright is a property right which, subject to 
the provisions of this section, may subsist in the followjng 
categories of work-Lawful 
reception of 
broadcast. IPINIl/JAMIC/1 
Page 21 
(a) original literary, dramatic, musical or artistic 
works; 
(b) sound recordings, films, broadcasts or cable, pro­
grammes; 
(c) typographical arrangements of published editions, 
and copyright may subsist in a work irrespective of its 
quality or the purpose for which it was created. 
(2) A literary, dramatic or musical work shall not be 
eligible for copyright protection unless it is recorded in 
writing or otherwise; and any reference in this Act to the 
time at which a work is made is a reference to the time at 
which it is so recorded. 
(3) For the purposes of subsecti.on (2), it is immaterial 
whether the work is recor~ed by or with the permission of 
the author; and where it is not recorded by the author, 
nothing in that subsection shall affect the question whether 
copyright subsists in the record of the work as distinct from 
the work recorded. 
(4) Copyright shall not subsist in a sound recording 
or film which is, or to the extent that it is, a copy taken 
from a previous sound recording or film. 
(5) Copyright shall not subsist in a broadcast 
which infringes, or to the extent that it infringes, the copy­
right in another broadcast or in a cable programme. 
(6) Copyright shall not subsist in a cable pro­
gramme-
(a) if it is included in a cable programme service by 
reception and immediate re-transmission of a 
broadcast; or 
(b) if it infringes, or to the extent that it infringes, the 
copyright in another cable programme or in a 
broadcast. 
(7) 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. 
(8) Copyright protection does not extend to an idea, 
concept, process, principle, procedure, system or discovery 
or things of a similar nature. IJ>~/l/JJ\rvf/C:/l 
J>age 22 
Qualifica­
tion for 
protection: 
author. 7.-(1) A work qualifies for copyright protection if the 
author was a qualified person at the material time. 
(2) A work of joint authorship qualifies for copyright 
protection if any of the authors satisfies the requirement 
of subsection (1), so however, that, where a work qualifies 
for copyright protection only under this section, only those 
authors who satisfy such requirement shall be taken into 
account for the purposes of sections 9 and 22. 
(3) In this section "the material time" means in rela­
tion to-
(a) an unpublished literary, dramatic, music::tl or artis­
tic work, when the work was made or, jf the work 
extended ·over a period, a substantial part of that 
period; 
(b) a published literary, dramatic, musical or artistic 
work when the work was first published or, if the 
author had died before that time, immediately 
before his death; 
(c) a sound recording or film, when it was made; 
(d) a broadcast, when the broadcast was made; 
(e) a cable programme, when the programme was 
included in a cable programme service; 
. (f) the typographical arrangement of a published 
edition, when the edition was first published. 
~.-(1) A literary, dramatic, musical or artistic work, a 
sound recording or film, or the typographical arrangement 
of a published edition qualifies for copyright protection if, 
having regard to section 3, it is first published in Jamaica 
or a specified country. 
(2) A broadcast qualifies for copyright protection if 
it is made from a place in Jamaica or a specified country 
by a broadcasting organization in possession of a valid 
licence granted to it under any law in Jamaica or a specified 
country regulating broadcasting. 
(3) A cable programme qualifies for copyright pro­
tection if it is sent from a place in Jamaica or in a specified 
country in accordance with the law in force regulating 
transmission by cable. 
. 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 authorize other persons to do 
any of the following acts in Jamaica-
(a) to copy the work; 
(b) to issue copies of the work to the public; Qualifica­
tion for 
protection : 
place of 
publication, 
etc. 
Nature. of 
copyright 
protection: 
economic 
and moral 
rights. · Duration of 
copyright in 
literary, etc. 
worb:. IPINIlIJAMlCI 1 
Page 23 
(c) to perform the work in public or, in the case of 
a sound recording, film, broadcast or cable pro­
gramme, to play or show the work in public; 
(d) to broadcast the work or include it in a cable pro­
gramme service; or 
(e) to make an adaptation of the· work and, h:t 
relation to such adaptation, to do any or all of the 
foregoing acts. 
(2) For the purposes of subsection (1) references to 
the doing of any act in relation to any work means the doing 
of the act-
(a) in relation to the whole or any substantial part of 
the work; and 
(b) either directly or indirectly, 
and it is immaterial whether any intervening acts them­
selves infringe copyright. 
(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 speci­
fied in Part lIT. 
Duration of Copyright Protection 
10.-(1) Subject to the provisions of this section, copy­
right in any literary, dramatic, musical or artistic work 
expires at the end of the period of fifty years from the end 
of the calender year in which the author dies. 
(2) Where the authorship of a work referred to.in 
subsection (1) is unknown, copyright in that work expires 
at the end of the period of fifty years from the end of the 
ca1ender year in which it was first made available to the 
public; and subsection (1) shall not apply if the identity 
of the author becomes knovm 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, IPINIIIJAMlCIl 
Page 24 
so, however, that in determining for the purpose of this 
subsection whether a work has been made available to the 
public any unauthorized act shall be disregarded. 
(4) The provisions of subsections (1) and (2) shall 
not apply to computer-generated work, the copyright in 
which expires at the end of the period of fifty years from 
the end of the caIender year in which the work was made. 
(5) In relation to a work of joint authorship-
(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 1ast of the authors whose 
identity is known; and 
(b) the reference in subsection (2) to the identity of 
the author becoming known, shall be construed 
as a reference to the identity of any of the authors 
becoming known. 
(6) This section does not apply to copyright which 
subsists by virtue of section 146. 
11.-(1) Copyright in a sound recording or film expires 
at the end of the period of fifty years from-the end of the 
calendar year in which it was made or, where it is made 
available to the public before the end of that period, fifty 
years from the end of the calender 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-
_ (a) it is first pubIishe~ broadcast or included- in -a 
cable programme service; 
(b) in the case of a film or film sound-track, the film :is 
first shown in public, 
but in determining whether a sound recording or film has­
been made available to the public, any unauthorized act 
shall be disregarded. Duration of 
copyright in 
sound re­
cordings 
and films. Duration of 
copyright in 
broadcasts 
and cable 
pro­
e:rammes. 
Duration 
of copy­
right in 
typogra­
phical 
arrangement 
Itf editions. IP/NIIIJAM/CI 1 
Page 25 
12.-(1) Copyright ill a broadcast or cable" programme 
expires at the end of the period of fifty years from the 
end of the calender year in which the broadcast was made 
or the programme 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; and accordingly; 
no copyright arises in respect of a repeat broadcast or a 
repeat cable programme which is broadcast or; as the case 
may be, included in a cable programme service after the 
~xpiry of the copyright in the original broadcast or cable 
programme. 
(3) Reference in subsection (2) to a repeat· broad:' 
cast or a repeat cable programme means one which is a 
repeat of a broadcast previously made or, as the case may 
be, of a cable programme previously included in a cable 
programme service. 
13. Copyright in the· typographical arrangement ofa 
published edition expires at the end of the period of twenty­
Bve years from the end of the calender year in which the 
edition was first published. . 
PART ill 
MORAL RIGHTS AND RELATED RIGHTS 
Identification with Work 
14.-(1) SUbject to subsection (9) and to such exceptions Right to 
as may be specified in or pursuant to any other provision fibedidenti-e as of this Act; the author of a literary, dramatic, musical or author, etc. 
artis.tic work that is a protected work and the director of 
a film that is a 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 ill thIs section. 
(2) The author of a literary work (other than words 
mtended to be sung or spoken with music) or a dramatic 
work has the right to be identified as such whenever-
(a) the work or an adaptation thereof is published 
commercially, performed in public, broadcast or 
included in a cable programme service; or 
(b) copies of a film or sound recording including the 
work or an adaptation thereof are. issued to the 
public. IPlNll/JAMlC/l 
Page 26 
(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-_ 
(at 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 pubUc; or J 
{cl-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 a photograph of 
it, are issued to the public. 
(5) In addition to the right specified in paragraph 
(c) of subsection (4), the author of a work of architecture 
in the form of a building has the right to be identified on the 
building as constructed or, where more than one building 
is constructed to the design, on the first to be constructed. 
(6) The director of a film has the right to be identi­
fied 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 record­
ing, to be identified in or on each copy or, if that 
is not appropriate, in some other ID3-rmer likely to 
bring his identity to the notice of a person acquir­
ing 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 IP/N/lIJAMlCIl 
Page 27 
(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, ey~bi-
tion, film, broadcast or cable programme in 
question, 
and the identification must, in each case, be clear and 
reasonably prominent. 
(8) For the purposes of this section, any reasonable 
form of identification may be used. 
(9) Except as may otherwise be explicitly provided 
by contract, the right conferred by this section does not 
apply in relation to-
(a) a computer program, the design of a typeface or 
a computer-generated work; 
(b) any work made for the purpose of reporting 
current events; 
(c) the publication ID a newspaper, magazine or similar 
periodical or ID an encyclopaedia, dictionary, year­
book or other collective work of reference, of 
a literary, dramatic, musical or artistic work made 
for the purposes of such publication or made 
available with the consent of the author for pur­
poses of such publication; 
(d) a work in which copyright originally vested ID an 
international organization by virtue of section 146, 
unless the author or director has previously been 
identified as such in or on published copies of the 
work. 
Objection to Treatment of ·Work 
15.-(1) Subject to subsections (2) and (3) and to such 
exceptions as may be specified in or pursuant to any other 
provision of this Act, the author of a literary, dramatic, 
musical or artistic work that is a protected work and the 
director of a film that is a proteGted work have, respec­
tively, the right not to have the work or any part thereof 
subjected to derogatory treatment; and such right is in­
fringed by any person who does any of the acts specified 
in section 37 in the circumstances so specified. 
(2) The right does not apply in relation to-
(a) a computer program Or to a computer-generated 
work; 
Cb) fair dealing with any work made for the purpose of 
reporting current events; Right to 
object to 
derogatory 
treatment 
of work. IP /NIl/JAM/ell 
Page 28 
(c) the publication in any newspaper, magazine or 
similar periodical or in an encyclopaedia, dic­
tionary, yearbook. or other collective work of 
reference, of a literary, dramatic, mllsic.al or 
artistic work made for the purposes of such publi­
cation, or made available with the. consent of the 
author for the purposes of such publication, sub­
ject, in any particular case, to any agreement ex­
cluding the operation of the foregoing provisions 
of this paragraph to that case; 
(cl) 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 para­
graph. 
(3) The right does not apply to anything done by or 
with the authority of the copyright owner in-relation to 
works in which copyright originally vested in an inter­
national organization by virtue of section 146 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 sufficient disclaimer. 
(4) In this section-
(a) "derogatory treatment" in relation to a work 
means ·any ·addition to, "deletion from, alteration to 
er adaptation of the-work (not being a translation 
of a literary or dramatic work or an arrangement 
or transcription of a musical work involving no­
more than a change of key or register) which 
amounts to a distortion or mutilation of the work, 
or is otherwis·e prejudicial to the honour or reputa­
tion of the author -or director, as the case may be; 
and 
(b) "sufficient disclaimer" means a clear and reason­
ably prominent indication-
(i) given at the time of the act; -and 
(ii) if the author or director is then identified, 
-appearing along-with the identification, 
-that the work has been subjected to treatment to 
which the author or director has not -consented. Duration of 
moral rights 
and related 
rights. 
Consent and 
waiver of 
righu. IP~/l/J~C:/l 
Page 29 
Related Rights 
16.-"(1) :A person has the right-
(a) not to have a literary, dramatic, musical or artistic 
work falsely attributed to him as author; and 
;(b) not to have .a film falsely attributed to him as 
director, and in this section "attribution", in rela­
tion 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 
in the circumstances specified in section 40. False attri­
butionof 
work. 
17. Subject to section 41, 'a person who for private and Rightto 
domestic purposes commissions the taking of a photograph ~~~~~ 
or the making of a film has, where the resulting work is and fi1ms. 
a protected work, the right not to have--
(a) copies of the work issued to the public; 
(b) the work exhibited or shown in public; or 
(c) the work broadcast or included in a cable pro­
gramme service. 
Supplementary 
18.-(1) The rights conferred by sections 14, 15 and 17 
subsists so long as copyright subsists in the work. 
(2) The right conferred by section 16 subsists until 
the end of the period of twenty years from the end of the 
calender year in which the person dies. 
19.-(1) A person having a right conferred under this Part 
may consent to the doing of any act affecting b'uch right or 
may waive the right. 
(2) A right to which subsection (1) refers 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 copyrght in the work or 
works to which it relates, it shall be presumed to extend 
to his licensees and successors in title, unless a contra..ry 
intention is expressed. IPIN/lIJAMIC/1 
Page 30 
(4) Nothing in this Part shall be construed as exclud­
ing 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. 
20.~(1) The right conferred under section 14 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 15 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 19 by one joint 
author does not affect the rights of the other joint authors. 
(4) Subsections (1), (2) and (3) also apply, with such 
modifications as are necessary, in relation to a film which 
was, or is alleged to have been, jointly directed as they 
apply to a work which is, or alleged to be, a work of joint 
authorship; and for the purpose of this subsection, a :film 
is "jointly directed" if it is made by the collaboration of 
two or more directors and the contribution of each 
director is not distinct from that of the other director or 
directors. 
(5) The right conferred by section 17 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 19 by one of them does not 
affect the rights of the others. 
21. The rights conferred by-
(a) sections 14 and 17 apply in relation to the whole 
or any substantial part of a work; and 
(8) sections 15 and 16 apply in relation to the whole 
or any part of a work.-ApPlication 
of .pro vi­
sio::ls to 
joint works. 
Application 
of provi­
sions to 
parts of 
work. PART IV 
OWNERSHIP AND AsSIGNMENT OF RIGHTS 
Ownership of Copyright IPINIlIJAMlC/1 
Page 31 
Ownership 22.-0) Subject to the provisions of this section, the 
of copyright author of a protected work is the first owner of any copy-
right in that work unless there is an agreement ·to the 
contrary. 
(2) Subsection (1) shall not apply to ,copyright sub­
sisting in a work pursuant to section 146. 
(3) Where a protected work is a work of joint 
'authorship the authors thereof shall be co-owners of ·the 
'copyright in that work. 
Assignment of Copyright 
Assi~eIlJt ,23.-(1) Subject to the provisions of this section, copy ... 
and licences. .right in a work may be transferred as :p.ersonal or move-
able property by-
(a) .assignment; 
(h) testamentary disposition; or 
CC) .'Operation of law, 
and a transfer pursuant to this section by way df assignment 
::shall not be effective unless it is in writing and signed by or 
on behalf of the assignor. 
(2) An assignment or other transfer of copyright 
may be partial, that is to say, limited so as to apply-
(a) to one or more, but not all, of the things the owner 
of the copyright has the exclusive right to do; 
(b) to part,but not the'whole, of the period for which 
copyright subsists. 
'(3) A licence granted by the owner of copyright in 
a work shall be binding on 'every successor in title to his 
interest in copyright except a purchaser in good faith for 
,valuable consideration and without notice (actual or con­
structive) of the licence or a person deriving title from such 
a purchaser; and references in this Act to doing anything 
with or without the .licence of .the owner of the copyright 
shall be construed accordingly. IPINIlIJAMlCIl 
Page 32 
Moral rights 
etc. not 
assignarble. 24.-(1) Where by an agreement made in relation to Prospective 
future copyright, and signed by or on behalf of the prospec- ~;:;:p 
tive owner of the copyright, the prospective owner pUlJ'orts :ri&ht. 
to assign the future copyright (wholly or partially) to 
another person, then, if on the coming into existence of the 
copyright the assignee or another person clal.'11i.r).g under 
'him would be entitled as against 'an other' persons to require 
the copyright to be vested in 'him, the 'copyright shall vest 
in ..the 'assignee or his successor in title by virtue of this sub-
section. 
(2) A licence 'granted by a prospective owner of 
'Copyright is binding on every successor in 'title to his 
interest (or prospective interest) in the 'right, except a 
purchaser in good faith for valuable consideration and with­
out'notice (actual or 'constructive) of-the licence 'or a person 
deriving title from 'such a purchaser; and references in this 
Act to doing any;thing with or without the licence of the 
.copyright owner ,shall ,he construed. accordingly. 
25. 'The licensee under an exclusive licence has the, same Exclusive 
rights against a successor in title who is bound by ,the licence. 
licence as he has against the person granting the licence. 
26. Where under a bequest (whether specific or general) 
a person is entitled, beneficially or otherwise, to-
(a) ·an original document or other material ,thing that 
. records or embodies a literary, ,dramatic, musical 
or artistic work which 'was not published before 
the death of the testator; or 
(b) an original material thing containing a sound 
recording or film which was not published before 
the death of the testator, 
then, unless a contrary intention is indicated in the testator's 
will or a codicil to it, the bequest shall be construed as 
including the copyright in the work in so far as the testator 
was the owner of the copyright immediately before his 
death. 
27. The rights conferred under Part ill are not assign­
able. Copyright in 
unpublished 
manuscript 
passes under wm . 
~~~&- 28.-(1) On the death of a person entitled to the right 
moral rights conferred by section 14, 15 or 17-
etc. on 
death. (a) the right passes to such person as he may by testa-
mentary disposition specifically direct; or 
(b) if there is no such direction but the copyright in 
the work in question forms part of his estate, the 
right passes to the person to whom the copyright 
passes, IPINJlIJAMlCJl 
Page 33 
and if, or to the extent that, the right does not pass under 
paragraph (a) or (b), it is exercisable by his personal repre­
sentatives. 
(2) Where copyright forming part of a person's 
estate passes in part to one person and in part to another, 
any right which passes with the copyright by virtue of sub-
section (1) is correspondingly divided. -
(3) Where by virtue of paragraph (a) or (b) of sub­
section (1) a right becomes exercisable by more than one 
person, then-
(a) where the right is conferred by section 15 or 17, it 
is a right exercisable by each of them and is satis-
fied 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 
19 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 16 is actionable by his personal 
representatives. 
(6) Any damages recovered by personal representa­
tives 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 
INFRINGEMENT OF RIGHTS 
General Provisions 
29. In this Part "action" includes a counter::laim and 
references to the plaintiff and to the defendant in an action 
shall be construed accordingly. 
30. This Part shall have effect subject to such provisions 
of this Act as-
(a) authorize the doing of specified acts in relation to 
a protected work; or 
(b) provide for the licensing of a protected work. 
Infringement of Copyright 
31.-(1) The copyright in a work is infringed by any per­
son who, without the licence of the copyright o--;vner, does, 
in relation to that work, any of the acts which the copyright 
owner has the exclusive right to do pursuant to section 9. M~ning of 
"action". 
Provisions 
of Part 
subject to 
otber pro­
visions. 
Acts in­
fringing 
copyright. IPINIl/JAMlCIl 
Page 34 
(2) Copyright in "a . work is infringed 'by a person 
who, without the licence of the copyright owner, imports 
.into Jamaica for any purpose other than for his .private and 
domestic use, an article which he knows or has reason to 
believe is, an infringing copy of the work. 
(3) Copyright in a work is infringed by .a person 
who, without the licence of the copyright own~r-
(a) possesses in the course of a business; 
'(b) sells or lets for hire or offers or exposes for sale or 
'hire; 
(c) exhibits in public or distributes in the course of a 
'business; or 
(d) distributes otherwise than in the course of a 
business, to such an extent as to affect prejudicially 
the owner of the copyright, 
an article which is, and which he knows or has reason to 
believe is an infringing copy of .the work. 
(4) Copyright'in a work is irifringed by a person 
who, without the licence of the copyright owner-
(a) makes; 
(b) .imports into Jamaica; 
(c) possesses in the course of a business; 'or 
(d) sells or lets for hire or offers for sale or hire, 
an article specifically designed or adapted for making copies 
of that work, knowing or havi11-g reason to believe that it is 
to be used to make infringing copies. 
(S) 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 (other­
.wise than by broadcasting or inclusion in 'a cable pro­
.gramme 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 Jamaica or elsewhere. 
(6) Where the copyright in a literary, dramatic or 
musical work is infringed by a.performance at a place of 
public entertainment, any person who. gave permission for 
that place to be used for the performance is also liable for 
the infringement unlesS' when he gave permission he 
believed on· reasonable grounds that the performance 
would not infringe copyright. Action by 
owner of 
copyright. IPINIl/JAMlCIl 
Page 35 
(7) Where copyright ill a work is infringed by a 
public performance of the work or by the playing or show­
ing of the work in public by means of apparatus for playing 
sound recordings or showing films or receiving visual 
images or sounds conveyed by electronic means" the persons 
specified in subsection (8) are also liable for the infringe­
ment 
(8) The persons referred to in subsection (7) are­
(a) a person who supplied the apparatus or any sub­
stantial part of it, if when he supplied the appara­
tus or part-
(i).. he .. knew or had. reason to believe that the 
apparatus was likely to, be so used. as to 
infringe : copyright; or 
(ii), in the case' of' apparatus whose normal use 
involves a public performance; playing or 
showing, he' did not believe on reasonable 
grounds that it would not be so used as to 
infringe copyright; 
(b) an occupier of premises who gave. pennission' for 
the apparatus to be brought onto the premises, if 
when he gave permission he knew or had reason 
to believe that the apparatus was likely to be so 
used' as to infringe copyright; and 
('c) a person who supplied a copy of a sound record­
ing or film used to infringe copyright, if when he 
supplied it he knew or had reason to. believe that 
what he supplied or a copy made directly or in­
directly from it, was likely to be so u.sed as to 
infringe copyright. 
Remedies of Copyright Owner 
32.-(1) An infringement of copyright shall be actionable 
at the suit of the copyright owner; and, subject tu the provi­
sions of this section, 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 
respect of the infringement of other proprietary rights. 
(2) Where in an action under this section an 
infringement of copyright is proved or admitted the' court, 
having regard to any benefit accruing to the defendant by 
reason of the infringement, to the flagrancy of the infringe­
ment and to all other material considerations, shall have 
power to award such additional damages as the court may 
consider appropriate in the circumstances. IJ>~/l/Jf\1yf/C:/l 
J>age 36 
Order for 
delivery up 
in civil 
pro­
ceedi.ngs. (3) Where in an action for infringement of copy­
right it is shown that at the time of the infringement the 
defendant did not know and had no reason to believe that 
copyright subsisted in the work to which the action relates, 
then, the plaintiff is not entitled to damages against him, 
but without prejudice to any other remedy. 
33.-(1) Subject to the provisions of this section and 
section 35 (6), 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 contreI an article 
specifically designed or adapted for making copies 
of a particular protected work, knowing or having 
reason to believe that it has been or is being used 
to make infringing copies, 
the copyright owner may apply to the court for an order 
that the infringing copy or article be delivered up to him 
or to such other person as the court may direct. 
(2) An application under subsection (1) shall not be 
made after the end of the period specified in section 138 0); 
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 137 for the disposal of the infring­
ing copy or article, as the case may be. 
(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 137 is not made, 
retain it pending the making of an order or the decision 
not to make an order, under that section. 
Remedies of Exclusive Licensee 
34. An exclusive licensee has, except against the copy- Infringe­
right owner, the same rights and remedies in respect of ri:~ o;f 
matters occurring after the grant of the licence as if the Ii~xcn.usive 
li h d b . censee. cence a een an aSSIgnment. 
35.-(1) The rights and remedies of an exclusive licensee Infring~,:: ·th th f th . h ment W.uere are concurrent W1 ose 0 e copyng t owner and rights con-
references in the relevant provisions of this Act to the copy- current. 
right owner shall be construed accordingly. 
(2) In an action brought by an exclusive licence by 
virtue of this section, a defendant may avail himself of 
any defence which would have been available to him if the 
action had been brought by the copyright owner. IP/NIlIJAM/CI 1 
Page 37 
(3) Where an action for infringement of copyright is 
brought by the copyright owner or by an exclusive licen­
see and the action relates (wholly or partly) to an infringe- , ~ 
-ment in respect of which they have concurrent rights of 
action, the copyright owner or the exclusive licensee, as the 
case may be, shall not be entitled, except with the leave of 
the Court, to proceed with action, unless the -other party 
is either joined as-a plaintiff in the action or added as a 
defendant; but this subsection shall not affect the granting 
of an interlocutory fujunction on the application of either 
of them. 
(4) A copyright' owner or-exclusive licensee-who is 
added as a defendant in pursuance of subsection (2) is not 
liable for any costs in the action unless he takes part in the 
proceedings. 
(5) Where an action for infringement of copyright 
is brought which relates (wholly or partly), to, an infringe­
ment in respect of which the copyright owner and an 
exclusive licensee have or had concurrent rights of action, 
then, whether or not the copyright owner and the exclusive 
licensee are both parties to the action, the court-
(a)-shall, in assessing damages take into account the 
terms of the licence-and any pecuniary remedy 
already-awarded or available to either of them in 
respect of the infringement;-
(b) shall not direct an account of profits if an award 
of damages has been made or-an account 01 profits 
has been directed in favour of the other of them 
in respect of the infringement; and 
(c) shall, if an account of profits is directed, apportion 
the profits between them as the court considers 
just, subject to any agreement between them. 
(6) The copyright owner shall notify any-exclusiVe 
licensee having concurrent rights before apply.ing under 
section 33 for an order for the delivery up of infringing 
copies of a work, and the. court may, on the, application_ of 
the licensee, having regard to the terms of the licence, make 
such order_ under section 33 as it thinks fit. IPIN/1/JAMICIl 
Page 38 
Infringement of M oral Rights and Related Rights 
36.-(1) Subject to subsection (2), the right concurred by Infr:nge­
section 14 is infringed by any person who fails to ide~tify ~~~ t~f be 
the author of a work or the director of a film whenever any ~~~h~~e~r as 
action specified in that section occurs in relation to that· director. 
work or film. 
(2) The following acts shall not constitute an 
infringement of the right conferred by section 14 in relation 
to a work to the extent that such acts are permitted under 
Part VI in relation to the work-
(a) fair dealing with the work for the purposes of 
criticism, review or the reporting of current events 
by means of a sound recording, film, broadcast or 
cable programme; 
(b) the incidental inclusion of the work in an artistic 
work, sound recording, film, broadcast or cable 
programme; 
(c) the use of the work for examination purposes; 
(d) acts done for the purposes of parliamentary or 
judicial proceedings or proceedings of a statutory 
inquiry; 
(e) the use of design documents and models; 
(j) the use of a design derived from artistic work; 
(g) acts permitted in relation to anonymous or pseu­
donymous works on the assumption that copy­
right in the work has expired or that the author 
is dead. 
37.-(1) The right conferred on an author and a director 
by section 15 to object to derogatory treatment of his work 
is infringed where the acts described in subsections (2) to 
(5) are done in relation to that work; and for the purposes 
of this Part, "derogatory treatment" has the same meaning 
as that specified in section 15 (4). 
(2) In the case of a literary, dramatic or musical 
work, the right is infringed by a person who-
(a) publishes commercially, performs in public, broad­
casts or includes in a cable programme service, a 
derogatory treatment of the work; or 
(b) issues to the public copies of a film or sound 
recording of or including a derogatory treatment 
of the work. Infringe­
ment of 
right to 
object to 
derogatory 
treatment 
of work. IPINIIIJAMlCI 1 
Page 39 
(3) In the case of an artistic work, the right is 
infringed by a person who-
(a) publishes commercially or exhibits in publ!c 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; 
(b) shows in public a film including a visual image of 
a derogatory treatment of the work or issues to 
the public copies of such a film; or 
(c) in the case of a work of architecture in the form 
of a model for a building or in the case of a sculp­
ture or work of artistic craftsmanship, issues to 
the public copies of a graphic work representing, 
or of a photograph of, a derogatory treatment of 
the work. 
(4) Subsection (3) does not apply to a work of archi­
tecture in the form of a building; but where the author of 
such a work is, identified on the bui1ding and it is the subject 
of derogatory treatment, he has the right to require the 
identification to be removed. 
(5) In the case of a film, the right is infringed by a 
person who-
(a) shows in public, broadcasts or includes in a cable 
programme service a derogatory treatment of the 
film; or 
(b) issues to the public copies of a derogatory treat-
ment of the film, 
or who, along with the film, plays in pub1ic~ broadcasts or 
includes in a cable programme service, or issues to the public 
copies af, a derogatory treatment of the film sound-track. 
38.-(1) The right conferred by section 15 is also Infrinlrt-
infringed by a person who-- ment by possession 
(a) possesses in the course of a business,' or of infring­ing article. 
(b) sells or lets for hire or offers 9r exposes for sale 
or hire; or 
(c) in the course of a business, exhibits in public or 
distributes; 
(d) distributes otherwise than in the course of a busi­
ness, 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. IPINIlIJAM/CIl 
Page 40 
FaJ\se attri­
bution of 
w.ork: in­
fringement 
of right. (2) An "infringing article" means a work or a copy 
of a work which-
(a) has been subjected to derogatory treatment as 
defined in section 15; and 
(b) has been or is likely to be the subject of any of the 
acts mentioned in sections 37 and 3.8 in circum­
stances infringing that right. 
39.-(1) The right conferred by section 15 is not infringed 
by any act done for the purpose of-
(a) avoiding the commission of an offence; or 
(b) complying with a duty imposed by or under an 
enactment, 
so, however, that, where the author or director is identified 
at the time of the relevant act or has previously been identi-
fied in or on published copies of the work, there shall be a 
sufficient disclaimer. 
(2) In subsection (1) "sufficient disclaimer" means a 
clear and reasonably prominent indication-
(a) given at the time of the act; and 
(b) if the author or director is then identified, appear­
ing along with the identification, 
that the work has been subjected to treatment to which the 
author or director has not consented. 
40.~(1) Subject t'O the provisions of this section, the right 
conferred on a person by section 16 not to have a literary, 
dramatic, musical or artistic work falsely attributed to him 
as author or a film falsely attributed to him as director, is 
infringed by a 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; 
(b) exhibits in public an artistic work or a copy of an 
artistic work in or on which there is a false attribu­
tion. 
(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 beljeve that the attribution 
is false. Actsnm 
infringing 
section 15. Effect of 
consent and 
waiver of 
rights. IPINIlIJAMICIl 
Page 41 
(3) The right is also infringed by any person who 
issues to the public or displays in public any material con-
taining 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 attribu­
tion 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) References in this section to dealing are to sell­
ing or letting for hire, offering or exposing for sale or hire, 
exhibiting in public or distributing. 
(7) This section applies where a work is falsely 
represented as being an adaptation of the work of a person 
as it applies where the work is falsely attributed to a person 
as author. 
41. The right conferred by section 17 in relation to a com­
missioned photograph or film is infringed by a person who 
does or authorizes the doing of any act mentioned in that 
section in relation to that work; but the right is not infringed 
by any act which, pursuant to Part VI, would not infringe 
copyright in the work. 
42. It is not an infringement of any right conferred by 
section 14, 15, 16 or 17 to do any act to which the person 
entitled to the right has consented pursuant to section 19 or 
in respect of which he has given a waiver pursuant to that 
section. Infringe­
ment of 
privacy 
right 
respecting 
photo­
graphs, 
etc. IPINIlIJAMlC/l 
Page 42 
Remedies 
for in­
fringing 
moral 
righ ts, etc. 
Presump­
tions where 
action 
relates to 
literary 
works, etc. Remedies for Infringement of Moral Rights and 
Relatedr Rights 
43.-(1) The infringement of a right conferred under 
section 14, 15, 16 or 17 is actionable as a breach of statutory 
duty owed to the person entitled to the right. 
(2) In an action for infringement o~ the right con­
ferred by section 15, 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 dis­
claimer is made on such terms and in such manner as may 
be approved by the court, dissociating the author or director 
from the treatment of the work. 
(3) Where in any action an infringement of a right 
referred to in subsection (1) is proved or admitted, the court 
may order the defendant to publish such correction in such 
terms and in such manner as the court may direct. 
Presumptions 
44.-(1) In an action brought by virtue of this Part with 
respect to a literary, dramatic, musical or artistic work, the 
presumptions specified in this section shall apply. 
(2) Where a name purporting to be that of the 
author appeared On the work when it was made or on 
copies of the work as published, it shall be presumed that 
the person whose name appeared is the author of the work 
and also the owner of the copyright in the work~ until the 
contrary is proved. 
(3) In the case of a work alleged to be a work of 
joint authorship, subsection (2) applies in relation to each 
person alleged to be one of the authors. 
(4) Where no name purporting to be that of the 
author appeared as mentioned in subsection (2) but-
(a) pursuant to 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 ap-
peared on the copies of the work as first published, 
then, it shall be presumed that the person whose name 
appeared was the owner of copyright at the time of 
publication, until the contrary is proved. 
(5) Where the author of the work is dead or where 
the identity of the author cannot be ascertained by reason­
able inquiry, it shall be presumed, until the contrary is 
proved-(a) that the work is an original work; and 
(b) that the plaintiff's allegations as to what was the 
first publication of the work and as to the country 
of first publication are correct. IP/NIIIJAMlC/l 
Page 43 
45.-{l) In an action brought bv virtue of this Part with Presump-
d din :film- dons wIh.cre respect to a soun recor g, or computer program, action 
the presumptions specified in this section shall apply. ::d to 
(2) In an action brought by virtue of this Part with ~~w:s, 
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 ('If copyright 
in the recording at the date of issue of the copies; 
or 
(b) that the recording was first published in a specified 
year or in a named country, 
the label or mark shall be admissible as evidence of the 
facts stated and shall be presumed to be correct until the 
contrary is proved. 
(3) In an action brought by virtue of this Part 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 named country, 
the statement shall be admissible as evidence of the facts 
stated and shall be presumed to be correct until the contrary 
is proved. 
(4) In an action brought by virtue of this Part with 
respect to a computer program, where copies of the pro­
gram 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 named 
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. IP/NIlIJAMlC/l 
Page 44 
(5) The presumptions specified in subsections (2), (3) 
and (4) apply equally in an action relating to an infringement 
alleged to have occurred before the date on which the 
copies were issued to the public. 
(6) In an action brought by virtue of this Part with 
respect to a film, where the film as shown in public, broad­
cast or included in a cable programme service bears a state­
ment-
(a) that a named person was author or director of the 
film; or 
(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 (If the facts 
stated and shall be presumed to be correct until the con­
trary is proved; and the presumption applies equally in an 
action relating to an infringement alleged to have occurred 
before the date on which the film was shown in public, 
broadcast or included in a cable programme service. 
Offences 
46.-(1) Any person who 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 Jamaica for purposes other than his 
private and domestic use; or 
(d) distributes otherwise than in the course of a busi­
ness to such an extent as to affect prejudicially the 
owner of 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 that work, knowing that it is to be used 
for making 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 done to be 
performed in public; or 
(b) a sound recording or film to be played, or as the 
case may be, shown in public, Penalties in 
respect af 
dealings 
which in­
fringe copy­
right. IP~/l/J~<:/l 
Page 45 
(otherwise than by reception of a broadcast or cable pro­
gramme) knowing or having reason to believe that copy­
right subsists in the work and that the performance, playing 
or showing, as the case may be, constitutes an infringement 
of the copyright, commits an offence. 
(4) Any person who is guilty of an offence under 
subsection (1) shall be liable-
(a) on summary conviction before a Resident Mag­
istrate to a fine not exceeding one hundred thou­
sand dollars or to imprisonment for a term not 
exceeding two years or to both such fine and 
imprisonment; 
(b) on conviction before a Circuit Court to a fine or to 
imprisonment for a term not exceeding five years 
or to both such fine and imprisonment. 
(5) Any person who is guilty of an offence under 
this section, other than an offence under subsection (1), shall 
be liable-
(a) on summary conviction before a Resident Mag­
istrate to a fine not exceeding fifty thousand dollars 
or to imprisonment for a term not exceeding one 
year or to both such fine and imprisonment; 
(b) on conviction before a Circuit Court to a fine or 
to imprisonment for a term not exceeding three 
years or to both such fine and imprisonment. 
47. The presumptions specified in sections 44 and 45 do ~resump­
not apply to proceedings for an offence under section 46, ~o~~~~~ 
but without prejudice to their application to proceedings 
for an order under section 48. 
48.-(1) Subject to subsection (2), the COlli-t before which Order to 
proceedings are brought against a person for an offence :~~~ 
under section 46 may, if it is satisfied that at the time of his proceedings. 
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 was 
to be used to make infringing copies, 
order that the infringing copy or article be delivered up to 
the copyright owner or to such other person as the court 
may direct. IP/NIlIJAMlCI 1 
Page 46 
Applica­
tion of 
provisions 
as to entry 
and search. 
Provision 
for restric­
ting im­
portation 
of infring­
ing copies. (2) An order may be made by the court of its own 
motion or on the application of the prosecuticn and may 
be made whether or not the person is convicted of the 
offence, so, however, that the court shall not make an 
order-
(a) after the time specified in section 138; or 
(b) if it appears to the court unlikely that any order 
will be made under section 137. 
(3) An appeal lies to the Court of Appeal from an 
order made under this section by a Resident Magistrate's 
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 137. 
Supplementary 
49. For the purposes of this Part, the provisions of sec­
tions 140 and 141 shall apply in respect of the entry and 
search of any premises. 
50.-(1) The owner of the copyright in any published 
literary, dramatic or musical work may give notice in writ­
ing to the Commissioner of Customs-
(a) that he is the owner of the copyright in the work; 
and 
(b) that he requests the Commissioner to treat as pro­
hibited goods under the Customs Act, during a 
period specified in the notice, printed copies of the 
work which are infringing copies. 
(2) The period specified in a notice given under sub­
section (1) shall not exceed five years and shall not extend 
beyond the end of the period for which the COpy Tight may 
subsist. 
(3) The owner of the copyright in a sound recording 
or film may give notice in writing to the Commissioner of 
Customs-
Ca) that he is the owner of the copyright in the work; 
Cb) that infringing copies of the work are expected to 
arrive in Jamaica at a time and a place specified in 
the notice; and 
Cc) that he requests the Commissioner to treat copies 
as prohibited goods under the Customs Act. 
(4) Subject to subsection (5), where a notice has been 
given in accordance with this section, the importation into 
Jamaica of goods to which the notice relates is prohibited; Definition 
of "suffi­
cient ac­
knowledge­
ment". IPINIl/JAM/CIl 
Page 47 
but notwithstancling anything contained in the Customs Act, 
a person it not liable to any penalty under that Act other 
than forfeiture of the goods, by reason that any goods are 
treated as prohibited goods by virtue of this section. 
(5) The importation of any article by a person for 
his private and domestic use is not prohibited under sub­
section (4). 
(6) A person giving a notice under this section 
shall-
(a) comply with such conditions as the Commissioner 
of Customs may by regulations prescribe; and 
(b) satisfy such requirements as may be so prescribed 
in connection with the giving of the notice, 
including requirements relating to-
(i) the form of the notice; 
(ii) the furnishing of evidence, whether on 
giving notice, or on the importation of the 
goods, or at both such times; 
(ill) the payment of fees in respect of the notice; 
(iv) the giving of security in respect of any 
liability or expense which the Commis­
sioner may incur in consequence of the 
notice by reason ef the detention of any 
article or anythillg done to an article 
detained; 
·(v) the indemnification of the Commissioner of 
Customs against any such liability or 
expenses, whether security has been given 
or not; and 
(vi) any incidental or supplementary matters, 
and the regulations may make different provisions as respect 
different classes of case. 
(7) Regulations made under subsection (6) shall be 
subject to negative resolution. 
PART VI 
EXCEPTIONS TO lNFRINGE:rvfENT OF COPYRIGHT 
Preliminary 
51. For the purposes of this Part "sufficient acknowledge­
ment" means an acknowledgement identifying the work in 
question by its title or other description and identifying the 
author, unless-lJP~/l/Ji\1v1IC:/l 
Page 48 
Research 
a.nd private 
study. 
Criticism, 
review and 
reporting. (a) in the case of a published work, it is published 
anonymously or the author has agreed or required 
that no acknowledgement of his name should be 
made; 
(b) in the case of an unpublished work, it is not pos­
sible for a person to ascertain the identity of the 
author by reasonable inquiry. 
General Exceptions 
52. Subject to section 54, fair dealing with a literary, 
dramatic, musical or artistic work for the purposes of 
research or private study does not infringe cop}Tjght in the 
work or, in the case of a published edition, in the typogra­
phical arrangement. 
53.-(1) Subject to section 54-
(a) fair dealing with a protected work for the purposes 
of criticism or review of that or another work or 
of a performance of a work; and 
(b) fair dealing with a protected work (other than a 
photograph) for the purpose of reporting current 
events, 
does not infringe copyright in the work so long as it is 
accompanied by a sufficient acknowledgement. 
(2) No acknowledgement is required in connection 
with the reporting of current events by means of a sound 
recording, film, broadcast or cable programme. 
54. 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, inc1uding-
(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 purpose and character of the use; and 
(d) the effect of the act upon the potential market for, 
or the commercial value of, the work. 
55. Copyright in a work is not infringed-
(a) by its incidental inclusion in an artistic work, sound 
recording, film, broadcast or cable programme; or 
(b) by the issue to the public of copies or the playing, 
showing, broadcasting or inclusion in a cable pro­
gramme service of anything whose making was not 
an infringement of copyright by virtue of para­
graph (a), Determining 
fair dealing. 
Incidental 
inclusion 
of pro­
tected 
work. Anthclogies 
for edu­
cational 
use. IP/N/1/JAMlCIl 
Page 49 
and for the purposes of this section, a musical work, words 
spoken or sung with music, or so much of a sound record­
ing, broadcast or cable programme as includes a musical 
work or such words, shall not be regarded as incidentally 
included if it is deliberately included_ 
Use of Work for Educational Purposes 
56.-(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, pro-
vided the copying is done by a person giving or receiving 
instructions and is not by means of a reprographic process. 
(2) Copyright in a sound recorcling, film, broadcast 
or cable programme is not infringed by its being copied by 
making a film or film sound-track in the course of instruc­
tion, 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_ 
57.-(1) The inclusion in a collection intended for use in 
educational establishments of a short passage from a pub­
lished literary or dramatic work does not infringe copyright 
in the work-
(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 establishments; 
(c) the collection consists mainly of material in which 
no copyright subsists; and 
(d) the inclusion is accompanied by a sufficient 
acknowledgement. 
(2) Subsection (1) does not authorize the inclusion of 
more than two excerpts from protected works by the same 
author in 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-Acts done 
for pur­
poses of 
instruc­
tion or 
examina­
tion. IPIN/l/JAM/C/l 
Page 50 
(a) shall be taken to include excerpts from works by 
him in collaboration with another; and 
(b) if the passage in question is from such a work 
shall be taken to include excerpts from works' by 
any of the authors, whether alone or in collabora­
tion with another. 
58.-(1) Subject to subsection (2), a recording of a broad- Recortling 
cast or cable programme or a copy of such a recording may ~t~a:.­
be made by or on behalf of an educational establishment b.y educa­
for the educational purposes of that establishment without !~~lish­
thereby infringing the copyright in the broadcast or cable ments. 
programme or in any work included in it. 
(2) Subsection (1) shall not apply if or to the extent 
that there is a licensing scheme certified pursuant to section 
102 for the purposes of this section. 
59.-(1) Subject to the provisions of this section, repro- Restric­
graphic copies of passages from published literary, dramatic ~p~o~n 
or musical works may be made by or on behalf of an educa- graphic 
COpyiDg tional establishment for the purposes of instruction without by educa· 
infringing any copyright in the work or in the typographical !~~~sh-
arrangement. menL 
(2) Not more than five per cent of any work may be 
copied by or on behalf of an educational establishment by 
virtue of this section in any quarter, that is to say, in any 
period 1st January to 31st March, 1st April to 30th June, 
1st July to 30th September or 1st October to 31st Decem­
ber. 
(3) Copying is not authorized by this section if, or 
to the extent that, licences are available authorizing the 
copying in question and the person making the copies knew 
or ought to have been aware of that fact. 
(4) Where a licence is granted to an educational 
establishment authorizing the reprographic copying of 
passage from any published literary, dramatic or musical 
work, for use by the establishment, 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. Sub­
sequent 
dealings 
with autlh'O-­
rized 
copies. 
Interpre­
tation of 
references; 
regula­
tions. IP/N/lIJAMlCIl 
Page 51 
60.-(1) Where a copy of a work would be an infringing 
copy if the making thereof were not authorized under sec­
tion 56, 58 or 59 and such copy is subsequently dealt with, 
it shall be treated as an infringing copy for the purposes of 
that dealing and if that dealing infringes copyright for all 
subsequent purposes. 
(2) In subsection (1) "dealt with" means sold, or let 
for hire or offered or exposed for sale or hire. 
Exceptions affecting Libraries and Archives 
61.-(1) In sections 62 to 65 references to the librarian 
or archivist include references to a person acting on his 
behalf. 
(2) Regulations may provide that a librarian or 
archivist who is, pursuant to sections 62 and 65, 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; 
Cb) 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 infringe­
ment of copyright as if he had made the copy himself, and 
the copy supplied shall be treated as an infringing copy. 
62.-(1) The librarian of a prescribed libralY or archive 
may, if the prescribed conditions are complied \Vith-
(a) make and supply a copy of an article in a periodi­
cal; or 
(b) make and supply from a published edition, a copy 
of part of a literary, dramatic 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. Supply by 
librarian 
of copies of 
published 
work. IPINIlIJAM/CI 1 
Page 52 
Supply of 
copies to 
other 
libraries. 
Replacing 
copies of 
works. (2) The conditions prescribed pursuant to subsection 
(1) shall include the following-
(a) that copies shall be supplied only to persons satisfy­
ing the librarian that they require them for pur­
poses 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 copy of the same 
article or with copies of more than one article con­
tained 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; and 
(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 pro­
duction. 
63.-(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 or musical 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 Cb) 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 authorize the making of 
the copy. 
64.-(1) The librarian of a prescribed library or archive 
may, if the prescribed conditions are complied with, make 
a copy from any item in the permanent collection of the 
library or archive for the purpose of-IP/N/I/JAMlC/1 
Page 53 
(a) preserving or replacing the item by placing the copy 
in such permanent collection in addition to or in 
place of the item; 
(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 accompany:ing such a 
work or, in the case of a published edition, in the typo­
graphical arrangement. 
(2) The prescribed conditions shall illclude pro­
visions 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. 
65.-(1) Subject to subsection (2), the librarian of a pre-10pyingb 
scribed library or archive may, if the prescribed conditions nsh~Pu -
are complied with, make and supply a copy of th~ whole or work. 
part of a literary, dramatic or musical work from a docu-
ment in the library or archive without infringing any copy-
right in the work or in any illustrations accompanying it. 
(2) Subsection (1) shall not apply where-
(a) the work had been published before the document 
was deposited in the library or archive; or 
(b) the copyright owner has prohibited copying of the 
work, 
and at the time of the making of the copy the librarian 
ought to have been aware of that fact. 
(3) The prescribed conditions shall include the 
following-
(a) that copies are supplied only to persons satisfying 
the librarian that they require them for purposes 
of research or private study and will not use them 
for any other purpose; 
(b) that no person is furnished with any more than 
one copy of the same material; and 
(c) that persons to whom copies are supplied are 
required to pay for them a sum. not less than the 
cost (including a contribution to the general 
expenses of the horary or archive) attributable to 
their production. IPlNllIJAMlC/l 
Page 54 
Parlia­
mentary 
and judicial 
proceed­
ings 
and 
statutory 
inquiries. 
Public 
records. 
Design 
docu­
ments 
and 
models. Exceptions Relating to Public Administration 
66.-(1) Copyright in a work is not infringed by anything 
done for the purposes of parliamentary or judicial proceed­
ings, or, subject to subsection (3), for the purposes of report­
ing 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 
authorizing 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. 
.67. Where any protected work or a reproduction of any 
such work is comprised in any public record (as defined in 
the Record Office Act) which is, by virtue of that Act under 
the charge of the Keeper of the Records and is open to 
public inspection, the copyright in the work is not infringed 
by the making or supplying to any person of any copy of 
the work by or under the direction of any officer appointed 
under the Record Office Act. 
Designs 
68.-(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. 
(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 copy­
right. 
(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 de­
scription, a photograph, data stored in a computer 
or otherwise. Transfer 
of works 
in electronic 
form. IP/NIIIJAM/CIl 
Page 55 
69.-(1) Where an artistic work has been exploited by or Where de-
with the licence of the copyright owner by- ~~d d~om 
(a) making by an industrial process articles falling to =~is 
be treated under this Act as copies of the work; exploited. 
and 
(b) marketing such articles in Jamaica 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 de­
scription 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 provi­
sions 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 article is to be regarded for the pur­
poses of this section as made by aD industrial pro­
cess; 
(b) excluding from the operation of this section such 
articles of a primarily literary or artistic character 
as he thjnks fit. 
(4) In this section-
(a) references to articles do not include films; and 
(b) references to the marketing of an article are 
references to its being sold or let for hire or offered 
or exposed for sale or hire. 
Exception Relating to Works in Electronic Form 
70.-(1) Where a work in electronic form has been pur­
chased on terms which, expressly or impliedly or by virtue 
of any 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 pur­
chaser, 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 IPINIl/JAMlCIl 
Page 56 
(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 (or 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 trans­
feror. 
Miscellaneous Exceptions Relating to Literary, 
Dramatic, Musical and Artistic ·Works 
71.-(1) Copyright in a literary, dramatic, musical or Anonymous 
artistic work is not infringed by an act done at a time when, ~:ud:ony­
or in pursuance of an arrangement made at a time when- :~~.li;tc. 
(a) it is not possible by reasonable inquiry to ascertain works. 
the identity of the author; and 
(b) it is reasonable to assume-
(i) that the copyright has expired; or 
(ii) that the author died fifty years or more 
before the beginning of the ca1ender year 
in which the act is done or the arrange­
ments are made. 
(2) Subsection (1) (b) (ii) does not apply in relation 
to work in which copyright originally vested in an inter­
national organization by virtue of section 146 and in respect 
of which an order under that section specifies a copyright 
period longer than fifty years. 
(3) In relation to work of joint authorship-
(a) the reference in subsection (1) to its being possible 
to ascertain the identity of the author shall be 
construed as a reference to its being possible to 
ascertain the identity of any of the authors; and 
(b) the reference in subsection (1) (b) (ii) to the author 
having died shall be construed as a reference to 
all the authors having died. Use of 
notes of 
recordings 
of spoken 
word. 
Reading or 
recitation 
in public. IP /N1l/JAMlell 
Page 57 
72.-(1) Where a record of spoken words IS made, ID 
writing or otherwise, for the purpose of-
(a) reporting current events; or 
(b) broadcasting or including in a cable programme 
service the whole or part of the work, 
it is not an infringement of any copyright in the words as 
a literary work to use the record or material taken from it 
(or to copy the record or any such material and use the 
copy) for that purpose, providing the conditions specified in 
subsection (2) are met. 
(2) The conditions referred to in subsection (1) are 
that-
(a) the record is a direct record of the spoken words 
and is not taken from a previous record or from 
a broadcast or cable programme; 
(b) the making of the record was not prohibited by 
the speaker and, where copyright already sub­
sisted in the work, did not infringe copyright; 
(c) the use made of the record or material taken from 
it is not of a kind prohibited by or on behalf of 
the speaker or copyright owner before the record 
was made; and 
(d) the use is by or with the authority of a person who 
is lawfully in possession of the record. 
73.-(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 inclu­
sion in a cable programme service, of a reading or recitation 
which, by virtue of subsection (1), does not infringe copy­
right in the work. 
74.-(1) This section applies to­
(a) buildings; 
(b) SCUlptures, models of buildings and works of 
artistic craftsmanship, if permanently situated in 
a public place or in premises open to the pUblic. 
(2) The copyright in such a work is not infringed 
by-
(a) making a graphic work representing it; 
(b) making a photograph or film of it; or 
(c) broadcasting or including in a cable programme 
service a visual image of it. Represen­
tation of 
artistic 
works OD 
public 
display. IJ?~/l/Jl\lv.[/C:/l 
J?age 58 
(3) The copyright of such a work is not infringed 
by the issue to the public of copies, or the broadcasting or 
inclusion in a cable programme service, of anything whose 
making was, by virtue of this section, not an infringement 
of copyright. 
75. Anything done for the purposes of reconstructing a 
building does not infringe any copyright in the building 
or in any drawings or plans in accordance with which the 
building was constructed by or with the licence of the copy­
right owner. 
76. Where the author of an artistic work is not the copy­
right owner, he does not infringe the copyright in the work 
by copying it in making another artistic work, provided 
he does not repeat or imitate the main design of the earlier 
work. 
Miscellaneous Exceptions Relating to Sound 
Recordings, Films and Computer Programs 
77. Where sound recordings of a musical Vlork (and 
accompanying words, if any) have, with the licence or 
consent of the owner of the copyright in the work,been 
previously made in or imported into Jamaica for the 
purposes of retail sale, then, any person may, after the 
expiry of the period of four months immediately following 
upon the date of the first authorized manufacture in, or 
importation into, Jamaica of such recordings, and without 
first obtaining the consent or licence of the ovmer of the 
copyright in the work, make or authorize the making of 
sound recordings of it if such person-
(a) intends to sell the recordings by retail, or to supply 
them for the purpose of being sold ry retail by 
another person, or intends to use them for making 
other sound recordings which are to be so sold 
or supplied; 
(b) pays royalties calculated at the prescribed rate; and 
(c) complies with such conditions relating to notice, 
method and time of payment, administration of 
royalties paid and other matters, as may be pre­
scribed, 
and any person who makes or authorizes the making of 
sound recordings pursuant to this subsection shall not make 
or authorize the making of any alterations in, or omissions 
from, the work unless sound recordings of that work con­
taining similar alterations or omissions have been previously 
made by or with the licence or consent of the owner of the 
copyright or unless such alterations or omissions are reason­
ably necessary for the adaptation of the work to the sound 
recording in question. Recon­
struction 
of buildings. 
Subsequent 
work by 
same artist. 
Making etc .. 
of reoord­
ings of 
musical 
work pre­
viously 
made or 
imported. Reo·tal of 
sound re­
cordings, 
etc. IPlNllIJAM/CIl 
Page 59 
78.-(1) The Minister may by order, subject to negative 
resolution, provide that in such cases as may be sp~cified 
in the order, the rental to the public of copies of sound 
recordings, films or computer programs shall be treated 
as licensed by the copyright owner subject only to the pay­
ment of such reasonable royalty or other payment as may 
be agreed or determined in default of agreement by the 
Copyright Tribunal. 
(2) An order under subsection (1) shall not apply 
if, or to the extent that, there is a licensing scheme certified 
under section 102 for the purposes of this section providing 
for the grant of licences. 
(3) An order may make different provision for 
different cases and may specify cases by reference to any 
factor relating to the work, the copies rented, the person 
renting or the circumstances of the rental. 
(4) Copyright in a computer program is not 
infringed by the rental of copies to the public after the end 
of the period of fifty years from the end of the calendar 
year in which copies of it were first issued to the public in 
electronic form. 
(5) Nothing in this section affects any liability under 
section 31 in respect of the rental of infringing copies. 
79. It is not an infringement of the copyright in a sound Playing 
recording to play it as part of the activities of, or for the of sound recording benefit of, a club, society or other organization if- for pur­
poses of 
(a) the organization is not established or conducted charit!lble 
for profit and its main objects are charitable or ti.~~IZa­
are otherwise concerned with the advancement of 
religion, education or social welfare; and 
(b) the proceeds of any charge for admission to the 
place where the recording is to be heard are applied 
solely for the purposes of the organization. 
Miscellaneous Exceptions Respecting Broadcasts 
and Cable Programmes 
80.-(1) This section applies where by virtue of a licence 
or assignment of copyright a person is authorized to broad­
cast from a place in Jamaica or a specified country or to 
include in a cable programme service sent from Jamaica 
or a specified country-Incidental 
recording 
for pur­
poses 
of broad­
cast or 
cable pro­
gramme. JP /Nil IJAMlCIl 
Page 60 
(a) a literary, dramatic or musical work, or an adapt­
ation of such a work; 
(b) an artistic work; or 
(c) a sound recording or film. 
(2) The person referred to in subsection (1) shall, by 
virtue of this section, be treated as licensed by the owner of 
the copyright in the work to do or authorize any of the 
following for the purposes of the broadcast or cable pro­
gramme-
(a) in the case of a literary, dramatic or musical work 
or an adaptation of such a work, to make a sound 
recording or film or the work or adaptation; 
(b) in the case of the artistic work, to take a photo­
graph or make a film of the work; 
(c) in the case of a sound recording or film, to make a 
copy of it. 
(3) A licence under subsection (2) is subject to the 
following conditions-
(a) the recording, film, photograph or copy in question 
shall not be used for any other purpose; and 
(b) such recording, film, photograph or copy shall be 
destroyed within twenty-eight days of being first 
used for broadcasting the work or, as the case may 
be, including it in a cable programme service. 
(4) A recording, film, photograph or copy made in 
accordance with this section shall be treated as an infringing 
copy-
(a) for the purposes of any use in breach of the con­
dition mentioned in subsection (3) (a); and 
(b) for all purposes after that condition or the con­
tion mentioned in subsection (3) (b) is breached. 
81.-(1) Copyright is not infringed by the making or use 
by a prescribed broadcasting organization, for the purpose 
of maintaining supervision and control over programmes 
and advertisements broadcast by that organization, of 
recordings of those programmes and advertisements. 
(2) Copyright is not infringed by the making or use 
by the Broadcasting Commission of recordings of pro­
grammes in connection with and for the purpose of carry­
ing out its functions under the Broadcasting and Radio 
Rediffusion Act. Recordings 
of broad­
casts 
for pro­
gramme 
controL Recording 
for pm­
poses of 
time 
shifting. 
Adapa­
tions. IP/NI1 IJAM/CIl 
Page 61 
82.-(1) A recording of a broadcast or cable programme 
of a designated class, or a copy of such a recording, may be 
made for the purpose of being placed in an archive main­
tained by a designated body without thereby infringing any 
copyright in the broadcast or cable programme or in any 
work included in it. 
(2) In subsection (1) "designated" means designated 
by the Minister, who shall not designate a body unless he is 
satisfied that it is not established or conducted for profit. 
83. Where a literary, dramatic or musical work or film is 
broadcast with the licence of the copyright own.er from a 
place in Jamaica or a specified country, any person may, 
without obtaining the licence of the copyright owner, 
incorporate the work (by means of the reception of the 
broadcast) in a cable programme service : 
Provided that-
(a) the transmission by the cable programme service 
takes place simultaneously with the reception of 
the broadcast; and 
(b) the programme in which the literary, dramatic or 
musical work or film is incorporated is trans­
mitted without alteration of any kind; and 
(c) the copyright owner shall be entitled to receive 
service, equitable remuneration in respect of the 
service, equitable remuneration in respect of the 
transmission, to be fixed in default of agreement 
by the Tribunal, 
and for the purposes of this subsection, an alteration to a 
programme includes the addition thereto of new material 
not contained in the programme as broadcast, or the 
omission from the transmission of any material contained 
in the programme as broadcast; and the term "material" 
includes a commercial advertisement. 
84. The making for private and domestic use of a record­
ing of a broadcast or cable programme solely for the pur­
pose of enabling it to be viewed or listened to at a more 
convenient time does not infringe any copyright in the 
broadcast or cable programme or in any work included in 
it. 
Adaptations 
85. An act which by virtue of this Part may be done with­
out infringing copyright 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. Recording 
for 
archival 
purposes. 
Reception 
and re­
transmis­
si.on of 
broadcast 
in cable 
programme 
service. IJ>~/l/JJ\1V1I<:/l 
J>age 62 
Power of 
Minister to 
prescribe 
exception 
to infring~ 
ment Prescribed Exceptions 
86.-(1) Subject to the provisions of this section, the 
Minister may, by order, subject to negative resolution, pro­
vide that the copyright in a work of the description or 
category specified in the order is not infringed where, in 
relation to such work, such acts as are specified in the order 
are done in the circumstances so specified. 
(2) The Minister shall not make an order under sub­
section (1) unless he is satisfied that the acts specified in the 
order in relation to the work-
(a) are necessary in the public interest in connection 
with an event of national importance; 
(b) would not conflict with the normal exploitation of 
the work; and 
(c) would not unreasonably prejudice the legitimate 
interest of the owner of the copyright in the work. 
(3) An order made under subsection (1) shall make 
provision for the payment of equitable remuneration to the 
copyright owner to be determined, in default of agreement, 
by the Copyright Tribunal; and such order may contain 
such consequential, supplemental or ancillary provisions as 
appear to the Minister to be necessary or expedient for the 
purpose of giving effect to the order. 
PART vn 
COPYRIGHT LICENSING 
Preliminary 
87.-(1) In this Part-
"licence" means any licence that is issued or offered 
by a licensing body authorizing, in relation to 
works in which copyright subsists, the doing of 
any of the acts restricted by copyright; 
"licensing body" means a society Or other organization 
which has as its main object or one of its main 
objects, the negotiation or granting, either as 
owner or prospective owner of copyright or as 
agent for him, of licences, and whose objects 
include the granting of licences covering works of 
more than one author; Interpre­
tation foe 
purposes 
of Part. Licensing 
sohemes to 
which sec­
tions 89 to 
94 apply. ''licensing scheme" means a scheme setting out-IP!N1l IJAM/C/l 
Page 63 
(a) the classes of case in which the operator 
of the scheme, or the person on whose 
behalf he acts, is "willing to grant licences; 
and 
(b) the terms on which licences would be 
granted in those classes of case, 
and for this purpose a "scheme" includes anything 
in the nature of a scheme, whether descr:ibed as a 
scheme or as a tariff or by any other name. 
(2) References in this Part to licences or licensing 
schemes covering works of more than one author do not 
include licences or schemes covering only-
(a) a single collective work or collective works of which 
the authors are the same; or 
(b) works made by, or by employees commissioned by, 
a single individual, firm, company or group of com­
panies. 
(3) For the purpose of subsection (2) "group" in 
relation to a company means that company and-
(a) any other company which is its holding company 
or subsidiary; 
(b) any other company which is a subsidiary of the 
holding company; 
(c) any company which directly or indirectly controls 
or is controlled by any company referred to in 
paragraph (a) or (b); and 
(d) any company which is controlled by a person who 
.. directly or indirectly controls a company referred 
to in paragraph (a), (b) or (c). 
88. The provisions of sections 89 to 94 apply to licensing 
schemes of the following descriptions-
(a) licensing schemes operated by licensing bodies 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-
m copying the work; 
(n) performing, playing or showing the work in 
public; or 
(ill) broadcasting the work or including it in a 
cable programme service; IPlNlI/JAMIC/l 
Page 64 
Reference 
of existing 
licensing 
scheme. (b) an licensing schemes in relation to the copyright in 
sound recordings (other than film sound-tracks 
when accompanying a film), broadcasts or cable 
programmes or the typographical arra..~gement of 
published editions; and 
(c) all licensing schemes in relation to the copyright in 
sound recordings, films or computer programs so 
far as they relate to licences for the rental of copies 
to the public. 
References and Applications Respecting 
Licensing Schemes 
89.-(1) The terms of a licensing scheme which a licensing 
body proposes to operate may be referred to the Copyright 
Tribunal by an organization claiming to be representative 
of persons claiming that they require licences in cases of a 
description to which the scheme would apply, either 
generally or in relation to any description of case. 
(2) The Tribunal shall first decide whether to enter­
tain the reference and may decline to do so on the ground 
that the reference is premature. 
(3) Where the Tribunal 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 only as it relates to cases of the 
description to which the reference relates, as the Tribunal 
thinks reasonable in the circumstances. 
(4) An order may be made under subsection (3) so 
as to be in force indefinitely or for such period as the 
Tribunal may determine. 
90.-(1) Where during the operation of a licensing scheme 
a dispute arises between the operator of the scheme and-
(a) the person claiming that he requires a licence in a 
case of a description to which the scheme applies; 
or 
(b) an organization claiming to be representative of 
such persons, 
that person or organization may refer the scheme to the 
Copyright Tribunal in so far as it relates to cases of that 
de~cription. 
(2) A scheme which has been referred to the Tribu­
nal under this section shall remain in operation until pro­
ceedings on the reference are concluded. Reference 
of pro­
posed 
licensing 
scheme. Furtberre­
ference 
of s.cheme. IP/N/lIJAM/CIl 
Page 65 
(3) The Tribunal shall consider the matter in dispute 
and make such order, either confirming or varying the 
scheme so far only as it rela:tes to cases of the description 
to which the reference relates, as the Tribunal may deter­
mine 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 Tribunal may deter­
mine. 
91.-(1) Where the Copyright Tribunal has on a previous 
reference of a licensing scheme under section 89 or 90, or 
under this section, made an order with respect to the scheme 
then, while the order remains in force-
(a) the operator of the scheme; 
(b) a person claiming that he requires a licence in a 
case of the description to which the order applies; 
or 
(c) an organization claiming to be representative of 
such persons~ 
may refer the scheme again to the Tribunal so far as it 
relates to cases of that description. 
(2) A licensing scheme shall not, except with the 
special leave of the Tribunal, be referred again to the 
Tribunal 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 Tribu­
nal under this section shall remain in operation until pro­
ceedings on the reference are concluded. 
(4) The Tribunal shall consider the matter in 
dispute and make such order, either confi.rming, varying or 
further varying the scheme so far only as it relates to cases 
of the description to which the reference relates, as the 
Tribunal may determine to be reasonable in the circum­
stances. 
(5) The order may be made so as to be in force 
indefinitely or for such period as the Tribunal may deter­
mine. 
92.-(1) A person who claims, in a case covered by a 
licensing scheme, that the operator of the scheme has 
refused to grant him or procure the grant to him of a 
licence in accordance with the scheme, or has failed to do Applica­
tion for 
grant of 
licence in 
connection 
with licens­
mgscheme. IPINIlIJAM/CIl 
Page 66 
Ap-plica­
tion for 
review of 
order as to 
entitle­
ment to 
licence. so within a reasonable time after being asked, may apply to 
the Copyright Tribunal. 
(2) A person who claims, in "a case excluded from a 
licensing scheme, that the operator of the scheme "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 unreason­
able, 
may apply to the Copyright Tribunal. 
(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 sub­
ject 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 Tribunal is satisfied that the claL-n is well­
founded, it shall make an order declaring that. in respect 
of the matters specified in the order, the applicant is entitled 
to a licence on such terms as the Tribunal may determine 
to be applicable in accordance with the scheme or, as the 
case may be, to be reasonable ID the circumstances. 
(5) The order may be made so as to be in force 
indefinitely or for such period as the Tribunal may deter­
mine. 
93.-(1) Where the Copyright Tribunal has made an 
order under section 92 that a person is entitled to a licence 
under a licensing scheme, the operator of the scheme or 
the original applicant may apply to the Tribunal to review 
its order. 
(2) An application shall not be made, except with 
the special leave of the Tribunal-
(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. IP~/l/J~~/l 
Page 67 
(3) The Tribunal shall on an application for review 
confirm or vary its order as the Tribunal may determine to 
be reasonable having regard to the tenns applicable. in 
accordance with the licensing scheme or, as. the case may be, 
the circumstances of the case. 
94.-(1) A licensing scheme which has been confirmed or Effect of 
varied by the Copyright Tribunal under section 89 or 90 ~fb~~ 
shall be in force, or as the case may be, remain in operation alis to • .. f· f censma so far as it relates to the descnption 0 case ID respect 0 scheme. 
which the order is 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 operator of the scheme any charges 
payable under the scheme in respeot of a licence 
covering the case in question or, if the amount 
cannot be ascertained, gives an undertaking to the 
operatoI 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 ques­
tion in accordance with the scheme. 
(3) The Tribunal may direct that the order, so far as 
it varies the amount of charges payable, shall have effect 
from a date before that on which it is made, not being a 
date earlier than the date on which the reference was made 
or, where the scheme came into operation after the reference 
was made, not being a date earlier than the date on which 
the scheme came into operation; but no such direction may 
be made where subsection (5) applies. 
(4) If a direction is made under subsection (3)-
(a) any necessary repayments, or further payments, 
shall be made in respect of charges already paid; 
and 
(b) the reference in paragraph (a) of sub~ection (2) to 
the charges payable under the scheme shall be 
construed as a reference to the charges. so payable 
by virtue of the order. 
(5) An order of the Tribunal under section 89 or 90 
made with respect to a scheme which is certified for any 
purpose under section 102 has effect, so far as it varies the 
scheme by reducing the charge payable for licences, from 
the date on which the reference was made to the Tribunal. IP/N/I/JAMlCIl 
Page 68 
(6) Where the Tribunal has made an order under 
section 92 and the order remains in force, the person in 
whose favour the order is made shall, if he satisfies the 
conditions specified in subsection (7), 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. 
(7) The conditions referred to in subsection (6) are 
that the person mentioned in that subsection shall-
(a) pay to the operator of the scheme any charges pay­
able in accordance with the order or, if the amount 
cannot be ascertained, give an undertaking to pay 
the charges when ascertained; and 
(b) comply with the other terms specified in the order_ 
References and Applications Respecting Licences 
and Licensing Bodies 
95. Sections 96 to 99 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 ill. 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 authorize-
(i) copying the work; 
(ii) performing, playing or showing the work in 
public; or 
(ill) broadcasting the work or including it in a 
cable programme service; 
(b) any licence relating to the copyright in a sound 
recording (other than a film sound-track when 
accompanying a film), broadcast or cable pro­
gramme, or the typographical arrangement of a 
published edition; and 
(c) all 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. Licen~to 
which sec­
tions 96 to 
99' apply. Reference 
to Tribunai 
of proposed 
licence. 
Reference 
to Tribunal 
Of expiring 
licence. IP~/l/JJ\1V1IC:/l 
Page 69 
96.-(1) The terms on which a licensing body pIOposes to 
grant a licence may be referred to the Copyright Tribunal 
by the prospective licensee. 
(2) The Tribunal shall firs,t decide whether to enter­
tain the reference, and may decline to do so on the ground 
that the reference is premature. 
(3) If the Tribunal decides to entertain the reference 
it shall consider the terms of the proposed licence and make 
such order, either confirming or varying the terms, as it may 
determine to be reasonable in the circumstances. 
(4) The order may be made so as to be in force 
indefinitely or for such period as the Tribunal may deter­
mine. 
97.-(1) A licensee under a licence which is due to expire 
by effiuxion of time or as a result of notice given by the 
licensing body, may apply to the Copyright Tribunal on 
the ground that it is unreasonable in the circumstances that 
the licence should cease to be in force. 
(2) Such an application may not be made until the 
last three months before the licence is due to expire. 
(3) A licence in respect of which a reference has 
been made to the Tribunal shall remain in operation until 
proceedings on the reference are concluded. 
(4) If the Tribunal 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 Tribunal may determine to be reasonable 
in the circumstances. 
(5) An order of the Tribunal under this section may 
be made so as to be in force indefinitely or for such period 
as the Tribunal may determine. 
98.-(1) \Vhere the Copyright Tribunal has made an 
order under section 96 or 97, the licensing body or the per­
son entitled to the be.nefit of the order may apply to the 
Tribunal to review its order. 
(2) An application shall not be made, except with 
the special leave of the Tribunal-
(a) within twelve months from the date of the order 
or of the decision on a prevjous application under 
this section; or Application 
for review 
of order as 
to licence. IP/N/lIJAMICIl 
Page 70 
(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 Tribunal shall on an application for review 
confirm or vary its order as the Tribunal may determine to 
be reasonable in the circumstances. 
99.-(1) Where the Copyright Tribunal has made an 
order under section 96 or 97 and the order remains in force, 
the person entitled to the benefit of the order shall, if he 
satisfies the conditions specified in subsection (2), be in the 
same position as regards infringement of copyright as if he 
had at all material times been the holder of a licence granted 
by the owner of the copyright in question on the terms 
specified in the order. 
(2) The conditions referred to in subsection (1) are 
that the person mentioned in that subsection shall-
(a) pay to the licensing body any charges payable in 
accordance with the order or, if the amount cannot 
be ascertained, give an undertaking to pay the 
charges When ascertained; and 
(b) comply with the other terms specified in the order. 
(3) The benefit of the order may be assigned-
(a) in the case of an order under section 96, if assign­
ment is not prohibited under the terms of the Tri­
bunal's order; and 
(b) in the case of an order under section 97, if assign­
ment was not prohibited under the terms of the 
original licence. 
(4) The Tribunal may direct that an order under 
section 96 or 97, or an order under section 98 varying such 
an order, so far as it varies the amount of charges payable, 
shall have effect from a date before that on which it was 
made, not being a date earlier than the date on which the 
reference or application was made or, where a licence was 
granted or was due to expire after the reference was made, 
not being a date earlier than the date on which the licence 
was granted or, as the case may be, was due to expire. Effect of 
order of 
Tribunal as 
to licence. Regulations 
may pres­
cri-be factors 
to be taken 
into 
accoUllt. IPINIl/JAMlCIl 
Page 71 
(5) 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 paragraph (a) of subsection (1) 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 pay­
able by virtue of the later order. 
Supplementary 
100. Regulations made under section 150 may prescribe 
the matters which the Copyright Tribunal shall take into 
account on a reference or application made under this Part 
in respect of any class or classes of case. 
101.-(1) An application to settle the royalty or other Royalty 
f b d payable for sum payable in pursuance 0 section 78 may e ma e to rental of 
the Copyright Tribunal by the copyright owner or the per--~~~:r~ng, 
SOn claiming to be treated as licensed by him. film. etc. 
(2) The Tribunal shall consider the matter and make 
such order as it may determine to be reasonabje in the 
circumstances. 
(3) Either party may subsequently apply to the Tri­
burual to vary the order arud the Tribunal shaID consider the 
matter and make such order con.:fu:uning or varying the 
original order as it may determine to be reasonable in the 
circumstances. 
(4) An application under subsection (3) shall not, 
except with the special leave of the Tribunal, be made 
within twelve months from the date of the original order 
or of the order on a previous application under that sub­
section. 
(5) An order under subsection (3) has effect from 
the date on which it is made or such later date as may be 
specified by the !ribunal. 
-102.-(1) On the application of any person operating or 
proposing to operate a licensing scheme for the purposes of 
sections 58, 78 and such other provisions as may be pre­
scribed, the Minister shall by order certify the scheme if he 
is satisfied that it-
(a) enables the works to which it relates to be identified 
with sufficient certainty by persons likely to require 
licences; and Ministerial 
order in 
relation to 
licensing 
scheme. IP /NI 1 IJAM/ell 
Page 72 
Establish­
ment of 
Copyright 
Tribunal. 
Schedule. 
Jurisdis­
tion of 
Tn"bunal. (b) setS out clearly the charges (if any) payable and 
the other terms on which licenses will be granted. 
(2) The scheme shall be scheduled to the order and 
the scheme shall come into operation for the purposes of 
sections 58, 78 or such other provisions as may be pre­
scribed-
(a) on such date, being not less than eight weeks after 
the order is made, as may be specified in the order, 
or 
(b) if the scheme is the subject of a reference under 
section 89, any later date on which the order of 
the Copyright Tribunal under that section comes 
into force or the reference is withdra~"D.. 
(3) A variation of the scheme is not effective unless 
the order is amended by the Minister; and the Mi.1lister shall 
make the amendment in the case of a variation ordered by 
the Copyright Tribunal on a reference under section 89, 90 
or 91 and may do so in any other case if he thinks fit. 
(4) The Minister may, by order, revoke an order 
made under subsection (1) if it appears to him that the 
scheme to which the order relates is no longer being 
operated according to its terms, and shall revoke the order 
if the scheme ceases to be operated. 
PART VllI 
THE COPYRIGHT TRIBUNAL 
103.-(1) There is hereby established for the purposes of 
this Act a tribunal to be called the Copyright Tribunal. 
(2) The provisions of the Schedule shall have effect 
as to the constitution of the Tribunal and otherwise in rela­
tion thereto. 
104.-(1) The functions of the Tnounal shall be­
(a) to hear and determine-
(i) any matter referred to it pursuant to any 
provision of Part VII relating to a licensing 
scheme or licence; 
(ii) an application under section 101 to settle 
the royalty or other sum payable for rental 
of a sound recording, film or computer pro­
gram; 
Cb) to keep under review the prescribed rate of royalty 
payable to a performer in connection with an 
adaptation of an original recording of his per­
formance; and Appeal on 
point of 
Law. (c) to make recommendations to the Minister on the 
rate of royalties or other payments payable in 
respect of the use or presentation in such national 
cultural event as he may by order designate, of 
any works or performance in which copyright or 
other rights subsist. 
(2) In relation to its functions under subsection (1) 
(b), the Tribunal may from time to time on its own initiative 
and shall, on a request made in writing by the Minister, 
enquire into the appropriateness of such rate and make 
such recommendations to the Minister with respect thereto 
as it thinks fit. 
105.-(1) The Minister may make regulations relating to 
proceedings before the Copyright Tribunal and provisions 
shall be made in such regulations-
(a) prohibiting the Tribunal from entertaining a 
reference under section 89, 90 or 91 by a repre­
sentative organization unless the Tnounal is satis­
fied that the organization is reasonably repre­
sentative of the class of persons which it claims to 
represent; 
(b) specifying the parties to any proceedings and 
enabling the Tribunal to make a party to the pro­
ceedings any person or organization which the 
Tribunal is satisfied has a substantial interest in 
the matter; and 
(c) requiring the Tribunal to give the parties to pro­
ceedings an opportunity to state their case, in 
writing or orally as the regulations may provide. 
(2) The regulations may prescribe any matter in-
cidental to or consequential upon any appeal from the 
Tribunal under section 106. 
(3) Regulations made under this section shall be 
subject to negative resolution. 
106.-(1) An appeal lies on any point of law arising from 
a decision of the Copyright Tribunal to the Supreme Court. 
(2) Regulations made under section 105 may limit 
the time within which an appeal may be brought. IPINIl/JAMlCIl 
Page 73 
Regulations 
relating 
to pro­
ceedings of 
Tribunal. IPINIlIJAMICIl 
Page 74 
Confer­
ment of 
rights in 
perfor­
mances. 
Consent 
required 
for record­
ing or live 
transmis­
sion of per­
formance. PART IX 
RIGHTS IN PERFORMANCES 
107.-(1) By virtue of, and subject to the provisions of 
this Part, rights are conferred on-
(a) a performer, requiring his consent to the exploita­
tion of his performance; and 
(b) a person having recording rights in relation to a 
performance, requiring his consent to the making 
of a recording of that performance. 
(2) The rights conferred by this Part are inde­
pendent 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. 
Performers' Rights 
108.-(1) A performer's rights are infringed by a person 
who, without his consent-
(a) makes, otherwise than for his private and domestic 
use, a recording of the whole or any substantial 
part of a qualifying performance; or 
(b) broadcasts live, or includes live in a cable pro­
.gramme service, the whole or any substantial part 
of a qualifying performance; 
(2) In an action for infringement of a performer's 
rights brought by virtue of this section, damages shall not 
be awarded against a defendant who shows that at the time 
of the infringement he believed on reasonable grounds that­
consent had been given. 
109. A performer's rights are infringed by a person who, . Infringe-
. h hi t ment of WIt out s consen - perfcr-
mer's (a) shows or plays in public the whole or any substan- rights by 
tia1 part of a qualifying performance; or ~:~c~lng 
(b) broadcasts or includes in a cable programme ser­
vice ·the whole or any substantial part of a quali­
fying performance, 
by means of a recording which was made without the per­
former's consent and that person knows or has reason to 
believe that it was so made. made with­
out consent. mmnge-
ment of 
per­
fOmler's 
rights 'by 
importing. 
possessing, 
e1lc. 
illiIcit 
recortling. 
Consent re­
quired for 
recoIldin~ 
of perfor­
IDIIllCe sub­
ject 00 
exclusive 
contract IPINIlIJAM/CIl 
Page 75 
110.-. (1) A performer's rights are infringed by a person 
wl1.o, without his consent and payment of royalty at the pre­
scribed rate, uses an original recording of a qualifying per­
formance (whether authorized or Dot) for the purpose of 
making an adaptation of the recording. 
(2) In subsection (1) "an adaptation of the record­
ing" means a recording in which the performance is 
accompanied by lyrics or music not contained in the original 
recording. 
111.-(1) A performer's rights are infringed by a person 
who, without his consent-
(a) imports into Jamaica otherwise than for his pri­
vate 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 dis­
tributes, 
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 per­
former's rights brought by virtue of this section a defendant 
shows that the illicit recording was innQcently acquired by 
him or a predecessor in title of his, the remedy in damages 
available against him in respect of the infringement is an 
amount not exceeding a reasonable payment in respect of 
the act complained of. 
(3) In subsection (2) "innocently acquired" means 
that the person acquiring the recording did not know and 
had no reason to believe that it was an illicit recording. 
Rights of Person Having Recording Rights 
112.-{l) A person infringes the rights of a person having 
recording rights in relation to a performance who, without 
his consent, makes a recording of the whole or any substan­
tial part of the performance otherwise than for his private 
and domestic use. 
(2) In an action for infringement of those rights 
brought by virtue of this section, damages shall not be 
awarded against a defendant who shows that at the time 
of the infringement he beJiieved on reasonable grounds that 
consent had been given. Conscntcmd 
royalty re­
quired fror 
adaptation 
of record­
ing. IPINIlIJAMlCIl 
Page 76 
Permitted 
acts in Te­
lation to 
perfor­
mances. 113.-(1) A person infringes the rigths of a person having 
recording rights in relation to a performance who, without 
his consent-
(a) shows or plays in public the whole or any substan­
tial part of the performance; or 
(b) broadcasts or includes in a cable programme ser­
vice the whole or any substantial part of the per­
formance, 
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 "appro­
priate consent" is to the consent of 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). 
114.-(1) A person infringes the rights of a person having 
recording rights in relation to a performance who, without 
his consent-
(a) imports into Jamaica 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 dis­
tributes, 
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 remedy in damages available 
against him in respect of the infringement is an amount not 
exceeding a reasonable payment in respect of the act com­
plained 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. 
Exceptions to Infringement 
115. Notwithstanding the rights in performances con­
ferred by this Part-
(a) any act done in relation to a performance or re­
cording in the circumstances specified hereunder 
does not constitute an infringement of the rights; 
and 
(b) the Copyright Tribunal may give consent on behalf 
of a performer in the circumstances specified in 
section 128. Infringe­
ment of 
recording 
rights "by 
use of re­
cording 
made with­
out consent. 
Infringe­
ment of 
recording 
rights by 
importing. 
proceedings, 
etc., illicit 
recording. Fair deal­
ing for 
criticism. 
ctJC. 
Incidental 
inclusion of 
perform­
ance or 
recording. 116., Fair dealing with a performance or recording-IP/NI1 IJAMlCIl 
Page 77 
(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 54 shall, with the necessary 
modifications, apply in determining whether or not an act 
constitutes fair dealing. 
117. The rights conferred by this Part are not infringed­
(a) 'by the incidental inclusion in a sound recording, 
film, broadcast or cable programme of a perform­
ance or recording; 
(b) by anything done in relation to copies of, or the 
playing, showing, broadcasting or inclusion in a 
cable programme service of, anything whose 
making was not an infringement of those rights, by 
virtue of paragraph (a), 
and for the purposes 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 
~cluded in a sound recording, broadcast or cable pro­
gramme if it is deliberately included. 
, 118.-(1) The rights conferred by this Part are not Acts done 
infri!lged by the copying of a recording of a performance :gr~~o~~_ 
in the course of instruction, or of preparation for instruc- ~~rmance 
tion, in the making of films or :film sound-tracks, provided pos!su~~ 
the copying is done by a person giving or receiving instruc- ~:roction. 
tion. 
(2) The rights conferred by this Part are not in­
fringed-
,(a) by the copying of a recording of a performance 
for the purposes of setting or answering the ques­
tions in an examination; or 
(b) by anything done for the purposes of al) examina­
tion by way of communicating the questions to the 
candidates. 
(3) Where a recording which would otherwise be 
an illicit recording is made in accordance with this section 
but is subsequently dealt with, it shall be treated as an illicit 
recording for the purposes of that dealing, and if that deal­
ing infringes any right conferred by this Part, for all sub­
sequent purposes. 
(4) In subsection (3) and in section 119 (2) "dealt 
with" means sold or let for hire, or offered or exposed for 
sale or hire. IJl~/l/JJ\1v.[/C:/l 
Jlage 78 
.Acts done 
to perform.­
ance or 
recording 
f{)r Parlia­
mentary 
pr<lCCed:ings. 
ctc. 
Transfer of 
recording 
of perform­
ance in 
electronie 
·form. 119.-(1) A recording of a broadcast or cable pro­
gramme or a copy of. such recording, may be made by or 
on behalf of an educational establishement for the educa­
tional purposes of that establishment without thereby 
infringing any of the rights conferred by this Part in relation 
to any performance or recording·inc1uded in it. 
(2) Where a recording which would otherwise be 
an illicit recording is made in accordance with this section 
but is subsequently dealt with (as defined in section 118 (4) ) 
it shall be treated as an illicit recording for the purposes of 
that dealing, and if that dealing infringes any right co~­
ferred by this Part, for all subsequent purposes. 
120. The rights conferred by this Part are not infringed 
by anything done for the purposes of-
(a) parliamentary or judicial proceedings or the report­
ing of such proceedings; or 
(b) the proceedings of a statutory inquiry or the 
reporting of such proceec!ings held in public. 
121.-(1) Where a recording of a performance in electro­
nic 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; 
(b) imposing obligations which continue after a trans­
fer; 
(c) prohibiting the assignment of any consent; 
Cd) terminating any consent on a transfer; or 
(e) providing for the terms on which a transferee may 
do the things 'which the purchaser was permitted to 
do, 
anything which the purchaser was allowed to do may also 
be done by a transferee without infringement of the rights 
conferred by this Part, but any recording made by the 
purchaser which is not also transferred shall be treated as 
an illicit recording for all purposes after the transfer. 
(2) Subsection (1) applies where the original pur­
chased recording is no longer usable and what is transferred 
is a further copy used in its place. Recording 
of broad­
casts and 
cable pro­
gmmmes by 
educational 
esta.bl!ish­
menu. Playlng 
sound re­
cording as 
part of 
activities 
of chari­
table or­
ganization. 
etc. (3) This section also applies on a subsequent trans­
fer, 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 1st September, 1993. 
122.-(1) Where a recording of the reading or recitation 
of a literary work is made for the purpose of-
(a) reporting current events; or 
(b) broadcasting or including in a cable programme 
service the whole or part of the reading or recita­
tion, 
it is not an infringement of the rights conferred by this Part 
to use the recording (or to copy the recording and use the 
copy) for that purpose, provided the 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 programme; 
(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 pro­
hibited by or on behalf of that person before the 
recording was made; and 
(d) the use is by or with the authority of a person who 
is lawfully in possession of the recording~ 
123. It is not an infringement of any right conferred 
by'this Part to play a sound recording as part of the activities 
of, or for the benefit of, a club, society or other organization 
if-
(a) the organization is not established or conducted 
for profit and its main objects are charitable or 
are otherwise concerned with the advancement of 
religion, education or social welfare; and ' 
(b) the proceeds of any charge for admission to the 
place where the recording is to be heard are applied 
solely for the purposes of the organization. IP/N/lIJAMlCIl 
Page 79 
Use of re­
cordings of 
IPOtm words. IPIN/1/JAMlC/1 
Page 80 
Inciden tal 
recording 
for pur­
poses of 
broadcast 
or C3.ble 
programme. 124.-(1) Subject to subsection (2), a person who pro­
poses to broadcast a recording of a performance, or to in­
clude a recording of a performance in a cable programme 
service, in circumstances not infringing the rights conferred 
by this Part, shall be treated as having consent for the pur­
poses 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 following conditions-
(a) the further recording shall not be used for any 
other purpose; and 
(b) such recording shall ·be destroyed within twenty­
eight days of being first used for broadcasting the 
performance or including it in a cable programme 
service. 
(3) A recording made in accordance with this para­
graph shall be treated as an illicit recording-
(a) for the purposes of any use in breach of the con­
dition mentioned in paragraph (a) of subsection 
(2); and 
(b) for all purposes after that condition Of the con­
dition mentioned in paragraph (b) of subsection (2) 
is breached. 
~25.-(1) The rights conferred by this Part are not 
infringed by the making or use by a prescribed broadcasting 
organization for the purpose of maintaining supervision 
and control over programmes broadcast by that organiza­
tion, of recordings of those programmes. 
(2) The rights conferred by this Part are not infring­
ed by the making or use of recordings by the Broadcasting 
Commission in connection with and for the purpose of carry­
ing out its functions under the Broadcasting and Radio 
Re-diffusion Act. 
126.-(1) A recording of a broadcast or cable programme 
of a designated. class, or a copy of such a recording, may be 
made for the purpose of being placed in an archive main­
tained by a designated body without thereby infringing any 
right c@nferred by this Part in relation to a performance or 
recording included in the broadcast or cable programme. 
(2) In this section "designated" has the meaning 
assigned to that expression in section 82 (2). Recordings 
for super­
vision and 
control of 
pro­
grammes. 
Recording 
of broad­
cast or 
ca'bIe pro­
gramme for 
archival 
purposes. Tribunal 
may con­
sent on be­
half of 
perfonner. IPINIlIJAMlCIl 
Page 81 
127.-(1) Subject to the provisions of this section, the 
Minister may, by order, subject to negative resolution, pro­
vide that the rights conferred by this Part are not infringed 
by the doing of such acts in relation to the performance as 
are specified in the order, where such acts are done in the 
circumstances so specified. 
(2) The Minister shall not make an order under sub­
section (1) unless he is satisfied that the acts specified in the 
order-
(a) are necessary in the public interest in connection 
with an event of national importance; 
(b) would not conflict with the normal exploitation of 
the performance; and 
(c) would not unreasonably prejudice the legitimate 
interest of the performer or any person having 
rights in the performance. 
(3) An order made under subsection (l) shall make 
provision for the payment of equitalble remuneration to any 
person having rights oonferred by this Part to be deter­
mined, in default of agreement, by the Copyright Tribunal; 
and such order may contain such consequential, supple­
mental or ancillary provisions as appear to the Minister to 
be necessary or expedient for the purpose of giving effect 
to the order. 
128.-(1) Subject to the provisions of this section, the 
Copyright Tribunal 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 Tribunal has effect as con­
sent of the performer for the purposes of-
(a) the provisions of this Part relating to performers' 
rights; and 
(b) paragrap~ (a) of subsection (3) of section 134, 
and may be given subject to such conditions as the Tribunal 
may specify in the order. 
(3) The Tribunal shall not give consent under 
paragraph (a) of subsection (1) except after the service or 
publication of such notices as may be required by regula­
tions made under section 105 or as the Tribunal may in any 
particular case direct. Order ex­
cepting acts 
from in­
frjnging 
right under 
this Part. IP/N/lIJAMlCIl 
Page 82 
(4) The Tribunal shall not give consent under para­
graph (b) of subsection (1) unless it is satisfied that the 
performer's reasons for withholding consent do not include 
the protection of any legitimate interest of his; but it shall 
be -for the performer to show what his reasons are for with­
holding consent, and in default of evidence as to his reasons 
the Tribunal may draw such inferences as it thinks fit. 
(5) In any case the Tribunal shall take into account 
the following factors-
(a) whether the original recording was made with the 
performer's consent and is lawfully in the posses­
siQn or control of the person proposing to make 
the further recording; 
(b) whether the making of the further recording is 
consistent with the obligations of the parties to the 
arrangements under which, or is otherwise con­
sistent with the purposes for which, the original 
recording was made. 
(6) Where the Tribunal gives consent under this 
section it shall, in default of agreement between the applicant 
and the performer, make such order as it thinks fit as to 
the payment to be made to the performer in c.onsideration 
of consent being given. 
Duration and Transmission of Rights in 
Performances; Consent 
129. The rights conferred by this Part continue to subsist 
in relation to a performance until the' end of the period of 
fifty years from the end of the calendar year hi. which the 
performance takes place. Duration 
ofr,ights 
in perfor­
mances. 
130.-(1) The rights conferred by this Part are not 1.:ransmis-
. . 'bl h h Slon of aSSIgnable or transnnssI e, except to t e ex-tent t at per-rights in 
formers'rights are transmissible as provided in this section. =:;. 
(2) On the death of a person entitled to performers' 
rights-
(a) the rights pass to such person as he may by testa­
mentary disposition specifically direct; and 
(b) if, or to the extent that there is no such direction, 
the rights are exercisable by his personal represen­
tative, 
and references in this Part to the performer, in the context 
of the person having performers' rights, shall be construed 
as references to the person for the time being entitled to 
exercise those rights. Consent. IPINIl/JAMlCIl 
Page 83 
(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 preju­
dice to any rights conferred by this Act on a person to whom 
has been assigned the benefit of an exclusive recording con­
tract or licence to make recordings of a performance. 
(5) Any damages recovered by personal represen­
tatives 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. 
131.-(1) Consent for the purposes 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 per­
formance is bound by any prior 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 pre­
viously entitled binds the person to whom the right passes 
in the same way as if the consent had been given by him. 
Remedies for Infringement of Rights 
in Performances 
132. 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. 
133.-(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 performers' rights or 
recording rights under this Part in relation to the perform­
ance 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. Infringe­
ment 
actionable 
as breach 
of statutory 
duty. 
Ordcrfor 
delivery Ulp 
of illicit re­
cordingin 
civil pro­
ceedings. IPlNll/JAMlC/l 
Page 84 
Criminal 
liability for 
making, 
dea:ling; with 
or using 
illicit re­
cordings. (2) An application shall not be made after the end 
of the period specified in section 138; and the court shall not 
make an order under this section unless it also makes an 
order under section 137 for the disposal of the recording, or 
it is of the opinion that there are grounds on which an 
order under that section could be made. 
(3) A person to whom a recording is delivered up 
in pursuance of an order under this section shall, if an 
order under section 137 is not made, retain it pending the 
making of an order, or the decision not to make an order 
under that section. 
(4) Nothing in this section affects any other power 
of the court. 
Offences 
134.-(1) A person commits an offence who without 
sufficient consent-
(a) makes for sale or hire; or 
(b) in.JIpoI1ts into JaInaica otherwise than for his pri­
vate and domestic use; or 
(c) possesses in the course of a business with a view to 
doing any act infringing the rights conferred by 
this Part; or 
(d) in the course of a business­
(i) sells or lets for hire; or 
(ill offers or exposes for sale or hire; or 
(iii) distributes, 
a recording which is, and which he knows or has reason to 
believe is, an illicit recording. 
(2) A person commits an offence who causes a 
recording of a performance made without sufficient consent 
to be--
", "" (a) shown or played in public; or 
"" "(b) broadcast or included in a cable programme 
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 that is not 
subject to an exclusive recording oontract, the con­
sent of the performer; and 
Cb) in the case of a performance that is subject to an 
exclusive recording contract, the consent of the 
person having recording rights. False :repre­
sentation 
of authGrity 
to give con­
sent. (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 doing of an act which, by virtue of any pro­
vision of this Part, may be done without infringing the rights 
conferred by this Part. 
(6) A person guilty of an offence under subsection 
(1) or (2) shall be liable-
(a) on summary conviction before a Resident Magis­
trate to a fine not exceeding one hundred thousand 
d~llars or to imprisonment for a term not exceed­
ing two years; 
(b) on conviction before a Circuit Court to a fine or 
to imprisonment for a term not exceeding five 
years, or to both such fine and imprisonment. 
135.-(1) The Court before which proceedings are 
brought against a person for an o:ffe~ce under section 134 
may, if satisfied that at the time of his arrest or charge he 
had in his possession, custody or control in the course of a 
business an illicit recording of a performance, order that it 
be delivered up to a person having performers' rights or 
recording rights in relation to the performance or to such 
other person as the court may direct. 
(2) An order may be made by the court of its· own 
motion or on the application of the prosecution and may be 
made whether or not the person is convicted of the offence, 
but shall not be made-
(a) after the end of the period specified in section 138; 
or 
(b) if it appears to the court unlikely that any order 
will be made under section 137. 
(3) An appeal lies to the Court of Appeal from an 
order made 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 137. 
136.-(1) It is an offence for a person to represent falsely 
that he is authorized 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 authorized. IPINIlIJAMlCIl 
Page 85 
Order f()r 
deliverY up 
of illicit 
recording 
in ICrmnnaI 
pro­
ceedings. IP/NIlIJAMICIl 
Page 86 
Order for 
disposal 
ofinfring­
in-g,oopy 
or illicit 
recording. (2) A person guilty of an offence under this section 
is liable on summary conviction be-tore-a-R-esident-Mag-is­
trate to a fine not exceeding fifty thousand dollars or to 
imprisonment for a term not exceeding six months or to 
both such fine and imprisonment. 
PART X 
GENERAL. 
137.-(1) An application may be made to the court for­
(a) an order that an infringing copy or article delivered 
up in pursuance of an order under sections 33 and 
48 shall be-
(i) forfeited to the copyright owner; or 
(ll) destroyed or otherwise dealt with as the 
court may direct; 
(b) an order that an illicit recording of a performance 
delivered up in pursuance of an order under sec­
tion 133 or 135 shall be-
(i) forfeited to such person having performers' 
rights or recording right in relation to the 
performance as the court may direct; or 
(ll) destroyed or otherwise dealt with as the 
court thinks fit; or 
(c) a decision that no order under paragraph (a) or Cb) 
should be made. 
(2) In considering what order (if any) should be 
made, the court shall have regard to all the circumstances 
of the ;;case and, in particular-
(a) where the infringement relates to copyright in a 
wor~ whether other remedies available in an 
action for infringement of copyright would be 
adequate to compensate the copyright owner and 
to protect his interest; 
(b) where the infringement relates to rights conferred 
under Part IX, whether other remedies available 
in an aotion 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 regulations as to 
ilie,service of notice on persons having an interest in the, 
infringing copy or other articles or the illicit recording, as 
the case may be, and any such person is entitled-
(a) to appear in proceedings for an order under this 
section, whether or not he was served with notice' and - , Period 
after whioh 
remedy 
or delivery 
up Dot 
available. 
Time 
limited for 
proseou­
tion. IP/NIlIJAMlC/l 
Page 87 
(bY to appeal against any order made, whet.~er or not 
he appeared, 
and an order shall not take effect until the end of the period 
within which notice of an appeal may be given or, if before 
the end' of that period notice of appeal is duly given, until 
the final determination or abandonment of the proceedings 
on the app~al. 
(4) Where there is more than one person interested 
in an infringing copy or other article, or as the case may be, 
an illicit recording, the' court shall make such order as it 
thinks just and may, in particular, direct that such copy, 
aI'~cle 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, $e recording was before being delivered up or seized 
is entitled to its return. 
(6) References in this section to a person having an 
ib.t~rest in a copy or other article or a recording include any 
person in whose favour an order could be made ID respect 
of the copy, article or, as the case may be, recording'under 
this .:.seCtion. 
138.-(1) An application !-or an or4er wider -section 33 
or 133 may not be made after the ent1: of the"perlod of six 
years from the date on which the infringing copy or article, 
or, as . the 'case may be" the .. illicit recording in question· was 
made, subject to the follqwing provisions. 
, (2) If during the whole or any part oi,tbat'period 
a. person entitled to apply for an order-
(a) is under a disability; or 
(b) is prevented by fra~d or .. c()J.l~~nt. from: dis-
covering the facts ehtitlfug'liin1 to apply,' . 
an application may .be mad~ by him at any time before th~ 
end. of the period 7'of six years from the date on which he 
~eased to 'be under a disability or, as the case may be, cotLld' 
With.reasonable diligence have discovered those facts. 
1~~. N.o prosecutioll for an ~ff~p.c~ under dlls Act shall be 
coniinenced after the exprratid'tl 'of flive years afler the com-· 
I;Dission of the offence or 'o:r{e year after the discovery there-, 
of, whatever date .last occurs. IJP~/l/JJ\1y[fC:/l 
JPage 88 
.-140.-(1) Subject to subsection (3) of this section and Powers of • members sectIon 141, a member of the Constabulary Force of or of Consta-
above the rank of Inspector may, if he is satisfied that there ~~~~ 
i$ reasonable cause to believe that an offence against this 
Act ·is being committed, give directions to any constable 
authorizing him to--
(a) enter and s~ch any premises or place; 
(b) stop, board and search any vessel (other that .. a 
ship of war) or any aircraft (other than a military· 
aircraft); or 
(c) stop and search any vehicle, in which the con­
stable reasonably suspects there IS an infringing 
copy of a work or an illicit recording or any article 
used or intende~ to be used for making. infringing 
copies or illicit recordings; and 
(d) seize, remove or detain-
(i) any article which appears to the constable 
to be an infringing copy or an illicit·record­
ing or any other article which appears to 
him to be intended for use for making such 
copies or recordings; and 
_ (ll) anything;which·appears to him: to be or to 
contain, or to be ~ly -to :be or Jo contain, 
evidence of an.offence under this Act. 
(2) A constable to who~ direc:tiqns have been. giyen 
tinder $Ubse.ction (1) ~y-
(~), :brea~ ·~~n any o~ter or inner door of any place 
·which he is authorized by this section to enter and . search; . . . -
(b). forcibly board any vessel, aircraft or vehicle which 
h~ is authorized under this Act to stop, board and 
search; . 
(c) remove by force any person or thing obstructing 
him in the exercise of any power conferred on him 
by this Act; 
(d) detain any person found in any place which he is 
authorized under this section to search until such 
place has been searched; 
(e) detain any vessel or aircraft which he is authorized 
under this section to stop, board and search, and 
prevent any person from approaching or boarding 
such vessel or aircraft until it has been searched; 
(t> detain any vehicle which he is authorized under this 
Act to stop and search until it has been searched; Restricticms 
on the 
entry and 
search, of 
domestic 
premises. IP /NIl/JAM/ell 
Page 89 
(3) It shall be the duty 'of any constable in the execu­
tion of any directions given under subsection (1) to produce 
the instrument containing· the directions to the owner or 
occupier of any premises, place, vessel or aircraft entered or 
vehicle stopped, pursuant to such directions if required by 
such owner or occupier to do so. 
141.-(1) No domestic premises shall be entered and 
searched pursuant. to section 140 unless a magistrate has 
issued a warrant under subsection (2). 
(2) A magistrate may, if he is satisfied by informa­
tion on oath that thertf is reasonable. ground for suspecting 
that there is in any domestic premises any article which may 
be seized, removed or detained under any provision of this 
Act, issue a warrant authorizing a member of the Con-, 
stabulary Force not below the rank of Sergeant to enter and 
search the premises, and such member may call upon any 
constable to assist him in entering and searching the 
premISes. 
(3) In this section "domestic premises" means any 
premises or any part thereof, used exclusively or mainly as a 
dwelling. 
142.-(1) Without prejudice to any <?ther written law, any Obstruction . o.f members person who- of Oonsta. 
. . ~~ 
(a) wilfully obstructs a member of the Constabulary Force. 
Force in the exercise of his powers or the per­
formance of his duties under this Act; 
(b) .wilfully fails to comply with any requirement pro­
perly made to him by any such member; or 
(c) without reasonable excuse, fails to give such mem­
ber any other assistance which he may reasonably 
require to be given for the purpose of exercising 
his powers or performing his duties under this Act, 
is liable on· summary conviction before a Resident Magis­
trate to a fine not exceeding ten thousand dollars or to 
imprisonment for a term not exceeding one year. 
(2) A person who, when required to give informa­
tion.to a member of the Constabulary Force in the exercise 
of his powers or the performance of his duties under this 
Act, knowingly gives false or misleading information to any 
such member is liable on summary conviction before a 
Resident Magistrate to a fine not exceeding five thousand 
dollars 'or to imprisonment for a term 'not exceeding six 
months. 
(3) Nothing in this section shall be construed as 
-requiring any person to give any information which may 
incriminate him. IP/N/I/JAMlC/l 
Page 90 
·Power'to 
"apply pro­
visions of 
Act to 
other 
country. 143. Where an offence under this Act committed by a Offences by 
body corporate is proved to have been committed with the :ao!~:. coc­
consent or connivance of, or to be attributable to any neglect 
on the part of, any director, manager, secretary or other 
similar officer of the body corporate or any person who was 
purporting to act in any such capacity, he, as well as the 
body corporate, is guilty of that offence and is liable to be -
proceeded against and punished according1y. 
144.-{l) Subject to the provisions of this section, the 
Minister may by order provide that in respect of any 
country specified in the order, any provisions of this Act 
so specified shall apply-
(a) in relation to persons who are citizens or habitual 
residents of that country as they apply to persons 
who are citizens or habitual residents: of Jamaica; 
(b) in relation to bodies incorporated or established 
under the laws of that country as they apply in 
relation to bodies incorporated or established 
under the laws of Jamaica; 
(c) in relation to literary, dramatic, musical or artistic 
works, sound recordings, films and editions first 
published in that country as they apply in relation 
to such works, sound recordings, films and 
editions first published in Jamaica; 
(d) in relation to broadcasts made from or cable pro­
grammes sent from that country as they apply in 
relation to broadcasts made from or cable pro­
grammes sent from Jamaica; 
(e) in relation to performances taking place in that 
country or given by an individual who is a citizen 
or habitual resident of that country, as they apply 
in relation to performances taking place in Jamaica 
or given by an individual who is a citizen or habi­
tual resident of Jamaica . 
. (2) An order made under this section applying any 
provisions of this Act in relation to any country may apply 
that provision-
(a) without exception or modification or subject to 
such exceptions and modifications as may be speci­
fied in the order; 
(bY generally or in relation to such classes of works or 
other c1asses of case as may be so specified. IP IN/l IJAMlCIl 
Page 91 
(3) An order shall not be made under this section 
in relation to any country unless-
(a) the country is a Convention country; or 
(b) a country as to which the Minister is satisfied that 
provision has been or Will be made under its law in 
respect of the class of works or (as the case may 
be) the performances, to which the order relates, 
giving adequate protection to the owners of copy­
right under this Act or, as the case may be, to 
Jamaican performances as defined in se~tion 145 
(4). 
(4) In this section "Convention country" means a 
country which is a party to a Convention relating to copy­
right or performers' rights, as may be appropriate, to. which 
Jamaica is also a party. 
145.-(1) If it appears to the Minister that ·the laws of a D~ of fll . d . J. k copvnght country a to gIve a equate protectIon to amrucan war S or rlgb.ts UL 
to which this section applies or to Jamaican performances, or =. 
fail to give adequate protection in the case of one or more 
classes of such works or performances, (whether the lack of 
protection relates to the nature of the work or performance 
or the nationality, citizenship or country of its author or 
performer or all of those matters) the Minjster.may. by order, 
make provision in relation' to that country iD accordance 
with subsection (2). 
(2) An order made .for the purposes of this section 
shall designate the country concerned and may provide 
either gene~ally or in relation to such class~s of case as are 
specified in the order, that copyright shall not subsist in 
works first published, or, "as the case may be, that rights in 
performanCes'shall not subsis't in perforniances' first given, 
,after a . da~e specified ~ the order (~hich ~ay be a date 
before the 1st September, 1993) if, at the time of the first 
publication of those works or the giving of the performance, 
as the case may be, the authors of the works or the per­
formers were or are-
(a) citizens' or nationals of that country, not being at 
that time persons whose habitual residence is in 
Jamaica or a specified country (excluding the coun­
try concerned); or 
(b) in the case of works, bodies incorporated or 
established under the laws of that countrj. 
(3) The Minister shall, in making an order under 
this section, have regard to the nature and extent of the lack 
of protection for Jamaican works or Jamaican performances 
in'consequence of which the order is being made. IPIN/1/JAMlCIl 
Page 92 
InteT­
national 
organiza. 
tions. (4) This section applies to literary, dramatic, 
musical and artistic works, sound recordings and films, and 
for the purposes of this section-
"Jamaican performances" means-
(a) performances given by individuals who 
are citizens or habitual residents of 
Jamaica; or 
(b) performances that take place in Jamaica; 
"Jamaican works" means works of which the author 
was a qualified person at the material time within 
the meaning of section 7 (3). 
146.-(1) This section applies to international organiza­
tions as to which the Minister by order has declared that it 
is expedient that this section should apply. 
(2) Where an original literary, dramatic, musical or 
artistic work is first published by or under the direction or 
control of an international organization to which this seotion 
applies in such circumstances that copyright would not, 
except by virtue of this subsection, subsist in the work 
immediately after the first publication thereof, and-
.(a) the work is so published in pursuance of an agree­
ment with the author which does not reserve to 
the author the copyright, if any, in the work; or 
(b) the work-was made in such circumstances that, if 
it had been first published in Jamaica, the organiza­
tion would have been entitled to the copyright in 
the work, 
then, copyright shall subsist in the work by virtue of this 
section and the organization shall be first owner of that 
copyright. 
(3) Copyright of which an international organiza­
tion is first owner by virtue of this section shall subsist until 
the end af the. period of fifty years from the end of the calen-
.. dar year in which the work was made or such longer period 
as may be specified by the Minister, by order, for the pur­
pose of complying with the international obligations of 
Jamaica. 
(4) An organization to which this sectjon applies 
which otherwise has not, or at some material time otherwise 
has not, the legal capacities of a body corporate shall have, 
·and shall be deemed at all material times to have had, the 
legal capacities of a body corporate for the purpose of hold­
ing, dealing with and enforcing copyright, and in connection 
with all legal proceedings relating to copyright. IPINIlIJAMICIl 
Page 93 
147.-(1) For the purposes of this Act, the territorial sea Temtorial 
and the exclusive economic zone of Jamaica shall be treated ::':iva:d 
as part of Jamaica. ealnomic zone. 
(2) This Act applies to thlngs done in the exclusive 
economic zone as it applies to things done in Jamaica. 
(3) In this section-
"exclusive economic zone" means the zone established 
under section 3 of the Exclusive Economic Zone 
Act; 
"territorial sea" means the waters described in section 
3' of the Territorial Sea Act. 
Act a.pplies 148.-(1) This Act applies to things done o~ a Jamaican to Jamaican 
ships, air-ship. or Jamaican aircraft as it" applies to things done in 
craft. . Jamaica .. 
(2) In this section "Jamaican ship" and "Jamaican 
aircraft" mean, respectively; a ship or aircraft registered:in 
. Jamaica. 
Act binds 149. This Act b~ds the Crow~ 
Crown. 
Regulations. 150. The Minister may make i~gula:tions prescribing such 
matters as.' are required 'or peimitted by" this Act to be 
:pres"qibed or as are necessary or desirable to' be prescribed 
for giving effect to this Act: 
Savings. 
Transi­
tional. 151.-(1) The Copyright Act, 1911, of the United King­
dom, in so far as it is part of the law of Jamaica shall cease 
to have effect in Jamaica on the appointed day. 
(2) Without prejudice to section 25 of the Interpre­
tation Act, the repeal under subsection (1) in relation to the 
Copyright Act, 1911 of the United Kingdom includes the 
repeal of any Order-in-Council or subsidiary legislation 
made under that Act, in so far as it has effect as part of the 
law of Jamaica. 
152. Nothing in this Act shall affect the operation of any 
rule of equity relating to. breaches of trust or confidence. 
153.-(1) Where immediately prior to the ~ppointed day 
copyright subsists in Jamaica in' any literary,· dramatic, 
musical or artistic work by virtue of the Copyright Act, 1911 
of the United" Kingdom, such copyright shall continue to 
subsist and the person entitled thereto by virtue of that Act 
shall be the owner thereof, under and subject to this Act, 
and in particular-IPINII/JAM/C/l 
Page 94 
(a) the duration of such copyright; 
(b) the 'ac~ co~prised 'within the' excit;lsive rights 
attac1lln:g to such copyright; arid' 
(c) the effect upon the o~er~p of ~c~ c9Pyright of 
any event or tr~I).saction, occurring .or ,of any con­
tract or agi-~erne:rit made' ,on or after the appointed 
day, 
~hall be goverJ:?ed by this Act. 
, , 
(2) Where, on the appointed day copyright 'subsists 
in Jamaica by virtue of section 19 (1) of. the 'CopYright Act, 
1911 of the United Kingdom, in any record, perforated roll 
or other contrivance bY'virtue 'of 'which sounds may be 
mechanically produced, such copyright shall continue-
(a) to subsist for the remainder of the period for which 
it wotild' have subsisted if this Act had not been 
passed; and 
(b) in relation to any such record, perforated roll or 
contrivance, to have ~e meaning and effect it 
would have had if this Act had not been passed. 
(3) No act done before the appointed day is action-
able' by virtue of the conferment of the rights specified in 
Part ID.. ' ' 
(4) The right conferred by section 14 to be identified 
as the author or; as the case may be, director of a work, and 
'the right confetr~d by section 15 to object to derogatory 
treatment of such work, shall Dot app!y-
(a) "m relafion to a literary, dramatic, musical or artis­
tic work of which the author died before the 
appointed day; or 
(b) in relation to a film made before the appointed day. 
, (5) The rights in relation to a literary, dramatic, 
musical or artistic work existing before the appointed day 
do not apply-
,(a) where copyright first vested in the author, to any­
thing which, by virtue of an assignment of copy­
right made or licence granted before the appointed 
day, may be done without infringing copyright; 
(b) where COpyright first vested in a person ,other than 
the author, to anything done by or with the licence 
of the copyright owner. 
(6) The right to privacy conferred by section 17 in 
:respect of photographs and films does not apply to photo­
graphs taken or films made, before the appointed day. (7) 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 relatjon to a 
protected work or in a performance in respect of whi~b 
rights are conferred by this Act, being an act which prior 
to that date would have been lawful, nothing in this Act 
shall diminish or prejudice any rights or interests which, in 
relation to that work or performance, are. subsisting and 
valuable on the appointed day, unless the person who, by 
virtue of this Act, is the owner of the copyright or the 
person having rights in the performance agrees to pay.such 
compensation as, in default of agreement, may be fixed by 
the Copyright Tribunal. 
(8) Where an act done before the appointed day 
was then an infringement of copyright but is not an infringe­
ment of copyright under this Act, then, proceedings in 
respect of that Act may be taken as if this Act had not 
been passed. 
(9) An act done before the appointed day shall not 
be an infringement of copyright or rights in performances 
conferred by this Aot if that Act would not, but for the 
passing of this Act, have constituted an infringement 
(10) . Proceedings for infringement of copyright in· 
stituted but not disposed of before the appointed day shall 
be disposed of as if this Act had not been passed. 
(11) Proceedings under this Act for infringement 
may be taken notwithstanding that the alleged infringement 
occurred before the appointed day. IPINII/JAMlCIl 
Page 95 IPINIl/JAMlCIl 
Page 96 
Constitu­
ti-on o-f the 
Tribunal. 
A'PPoint­
ment o-f 
members. 
Resigna­
oons. 
ReV'ocation 
of appoint­
ment!. 
Proceedings 
of Tribunal. SCHEDULE (Section 103 (2) ) 
1.-(1) The Tribunal shall consist of a chairman and two deputy 
chairmen -and not less than two nor more than eight ether ~embers. 
(2) A person eligible for appointment as chairman or a deputy 
chairman if he is an attorney-at-Iaw of not Ie.ss than :five years' standing 
or a person who has held judicial-office. 
2. The members of the Tribunal l shall" be appointed by the Minister 
by instrument in writing, and, subject to the provisions of this Schedule, 
shall hold office for such period, not exceeding t:b,ree years, as may be 
specified in the instrument, but shall be eligible for reappointment. 
3. A member of the Tribunal may at any time resign his office by 
instrument in writing and such resignation shall take effect as from 
the date of the receipt by the Minister of such instrument. 
4. The Minister may by instrument in writing at any time revoke 
the appointment of any member of the Tribunal if-
(a) he has become bankrupt; or 
(b) he is incapacitated by physical or men-tal illness, 
or if he is, in the opinion of the Minister, otherwise unfit to perform 
his duties as a membel-. 
5.-{1) The Copyright Tribunal shal,! sit in such number of divisions 
as may from time to time be necessary. 
(2) A division of the Tribunal shall consist of-
(a) a chairman, who shall be either the chairman or a deputy 
chairman of the Tribunal; and 
(b) two or more ordinary members. 
(3) Where in any proceedings the meml?ers are not 11D:animous. 
the decision of the Tribunal shall be by a majority of the votes of the 
members, and in the event of an equality of votes. the chairman shall 
be entitled to a second or casting vote. 
(4) Where part of any proeedings before the Tribunal has been 
heard and one or more members of the Tribunal are unable to con­
tinue, the Tribunal shall remain duly constituted for the purpose of 
those proceedings so long as the number of members is not reduced 
to less than three. . 
(5) H the chairman of a division of the Tribunal is unable to 
continue he shall-
(a) appoint one of the remaining members to act as chairman; and 
(b) appoint a suitably qualified person to attend the proceedings 
and advise the members of any question of law arising . 
. (6) For ~e' pU!pos~s. of paragrap~ (4) (b). a person is suitably 
qualified if he IS or IS ehglble for appomtment as a deputy chairman 
of the Tribunal. 
(7) The decision of the Tribunal or a division thereof may be 
signified. under the hand of the chairman. 
. (8) Subject to the pr~visions of this Schedule and to any reg1rla-' 
tlOns -m~de pursuant to sectlOn 150. the Tribunal may regulate its own 
proceedings. 
(9) The validity of the proceedings of the Tribunal shall not be 
!lffected by.any vacancy amongst the members thereof or by any defect 
ID the appomtment of any member thereof. Protection 
of mem­
bers of-­
Tribunal 
Members 
not public 
officers. IPlNllIJAM/C/l 
Page 97 
6. The Tribunal may erder that the co,s~s or expenses of any pro-Power to 
ceedings before it incurred by any party shall be paid b)-any other award cosu, 
party. and may tax or settle the amount of any costs or expenses to. 
be paid under any such order or direct in what manner they are to be 
taxed. 
7. The Minister shaJ!l make such arrangements in relation to. the Officers and 
previsien and remuneratien ef officers and employees ef the Tribunal empl<lyees. 
as may frem time to time be necessary. 
8. The chairman and other members of the Tribunal and persens 
appointed under paragraph 5 (5) (b) shall be paid such remuneration 
(whether by way of henorarium. salary or fees) and such allowance as 
the Minister may determine. Remunera­
tion of 
members. 
9. The expenses of the Tribunali, including the remuneratien and Expenses. 
allewances referred to in paragraph 8 shaH be paid eut of meneys 
previded for the purpose by Parliament. 
10. The name of all members of the Tribunal as first constituted Publication 
and every change in the membership therecf shall be published in of member-
the Gazette. ship. 
11. Notwithstanding anything to the contrary, no. act done er pro­
ceedingtaken under this Act by the Tribunal shall be questioned on 
the ground of any omission. defect or irregularity not affecting the 
merits ef the case. Protection 
of Tribunal. 
12. A member of the Tribunal who. is interested directly or in-Disclosure 
directly in any matter befere the Tribunal- of inetrest. 
(b) shall net take part in any deliberation or decision of the 
Tribunal dealing with the matter; and 
(b) shall not take-part in any delibemtion -or decision ef the 
Tribunal with respect to. that matter. 
13. Ne action. suit, prosecution or other proceedings shall be breught 
or instituted personaNy against any member of the Tribunal in respect 
ef any act dene bona fide in the execution or intended execution ef the 
Tribunal's functions under this A~t. 
14. The office of chairman er member of the Tnounal shall not -be 
a public effice for the purposes of Chapter V ef the Constitutien of 
Jamaica. IP/N/lIJAMlC/1 
Page 98 
Amcndmcnt 
,,( sccLi~lI\ :! 
of princip.d 
Act. No.)Cj-1999 
r assent, 
[L.s.] 
Governor-General 
AN ACT to Amend the Copyright Act. l ::~. '~":\' :'~·';>:I-.: ii.' ~h ... :.{;:'\i·~f\'·r ] 
iJr;~,:·.;! .. ;!:" .. ;, .... ! .&.;".,u \.:!t·;~; i-ori 
BE IT ENACTED by The Queen's IvIost Excellent Majesty, 
by and with the advice and consent of the Senate and Housc 
of Representatives of Jamaica, and by lhe authority of the 
same, as follows:-
1. This Act _may be cited as the Copyright (Amendment) Short tillc; 
A 1999 d I 11 b cl cl cunslruclillll . 4Ct, ,an s 1<1 e rea an -construed as one with the aoy COln-
Copyright Act (hereinafter referred to as the principal Act) menccrncnt 
and shall come into operation on a day to be appointed by 
the Minister by notice published in the Gazette. 
2. Section 2 of the principal Act is amended by deleting 
the definition of "-literary work" and substituting therefor 
the followin CT-~ 
"literary work" means any work, other than a dramatic 
or musical wor.k, which is written, spoken or sung, 
and accordingly includes-
(et) a written table or compilation; 
(b) i:l computer programme, 
and for the purpose of paragraph (a) of this defini­
tion, "compilation" means a collection of works, 
data or other material, whether in machine-rea-d­
able form or any other form, which constitutes an 
intellectual creation by reason of the selection or 
arrangement of the works, data or other material 
comprised in it;". Amendment 
of SI!.:til1n f; 
of princi.pal 
:\d. 
IllscrLioo of 
new secli')\1 
13GA in 
prin.:ip:d 
Act. IPINIlIJAMlCI 1 
Page 99 
3. Section 6 of the principal Act is amrnded by insert­
ing next' after subsection (3), the following as subsection 
(3A)-
" (3A) Copyright subsisting in a literary work that is a 
compilation does not extend to any works, data or 
other material comprised in the compilation and does 
not afTect any copyright which may exist in such works,. 
data or other materia1.". 
4. The principal Act is amended by inserting next after 
section 136, the following as section 136A--
"Un<lutho­
r·izcd ' 
decoders. 136A.-(1) A person who-
Ca) makes or imports for commercial 
purposes; 
(b) sells or lets for hire; 
Cc) offers or exposes for sale or hire; or 
Cd) advertises for sale or hin~, 
ztny unauthorized decoder shall be guilty of an 
offence and liable on summary conviction in 
a Resident Magistrate's Court to a fine not ex­
ceeding two hundred and fifty thousand dol­
lars. or to imprisonment for a term not exceed­
ing twelve months or to both such fine and 
imprisonment. 
(2) It is a defence to any prosecu­
tion for an offence under this section for the 
defendant to prove that he did not know. and 
had no reasonable grollnd for believin~. that 
the decoder was an nnanthorized decoder. 
5. The principal Act is amended by insertin .... g il~ Part X, insertion III new scctit1ll5 immediately before section 137. the following ai sections 13GB amI 13(.C in 13GB and 136C- principal 
"Una.utho­
rized re.­
ception of 
pro­
grammes : 
rights and 
romcdics. 136B.-O) A person who-
(a) makes charges for the reception of 
programmes included in a broad­
casting or cable programme service 
provided from a place in Jamaica; 
Cb) sends encrypted transmissions of any 
other description from a place in 
Jamaica; or ACl. IP /NIl/JAM/ell 
Page 100 
(c) has rights in the contents of any pro­
gramme referred to in paragraph (a) 
~r any transmission referred to in 
paragraph (b), 
has "the rights and remedies specified in sub­
section (2). 
(2) The rights and remedri'es men­
tioned in subsection (l) are-
(a) the same rights and remedies as are 
exercisable under section 32(1) and 
(2) by a copyrig,ht owner, in relaLloll 
to an infringemJnt of copyright; and 
(b) arc cxerci:)ablc by Cl per~on referred 
to in subsection (1) against a person 
who-
(i) makes or imports for com­
mercial purposes or sells or 
lets for hire, offers or exposes 
faT sale or hire or advertises 
for sa-le or hire, any unauthor­
ized decoder; or 
(ii) without lawful authority, re­
ceives or distributes pro­
grammes from an encrypted 
transmission for the purpose 
of distributing the programmes 
to other persons under com­
mercial arrangements with 
them. 
(3) Subsection (3) of section 32 shall 
apply with necessary modificati6ns in relation 
to proceedings for infringement of the rights 
conferred by this section, and accordingly the 
reference in that subsection to the defendant 
not knowing or having reason to believe that 
copyright subsisted in the work to which the 
action relates shall be construed as a reference 
to his not knowing or having reason to believe 
that his acts infringed the rights conferred by 
this secti on. 
(4) The person referred to in sub­
section (1) also has, in relation to any un­
authorized decoder, the same rights as are 
exercisable by a copyright owner in relation 
to any infringing copy, under section 33 (de­
livery up of certain articles). Amendmcnt 
,If sedion 
144 of 
princii.xli 
Acl Defini­
tion or 
tcrms. (5) S-ection 137 applje~ with the 
necessary modifications, in relation to the dis­
posal of anything delivered up or seized by 
virtue of subsection (4). 
{'6)This section shall not have effect 
in rdation to any act done before the date of 
commencement of the Copyright (Amend­
ment) Act, 1998. 
136C. For the purposes of sections 136A 
and 136B-
"apparatus" includes any device, com­
ponent or electronic data; 
"decoder" means any apparatus which is 
designed or adapted to enable:-. 
(whether on its own or with any 
other apparatus) an encrypted trans­
mission to be decoded; 
"transmission" means any programme in­
cluded in a broadcasting or cab1e 
programme service which is provided 
fronl. a place in Jamaica{and 
"unauthorized" in relation to a decoder,) 
means a decoder which will enable 
encrypted transmissions to be viewed 
in the decoded form without-
(a) payment of th~ fee (how­
ever imposed) which the 
person making the transmis­
sion, or on whose behalf it 
is made, charges for view­
ing those transmissions, or 
viewing any service of which 
they form part; or 
(b) the authority of a person 
referred to in section 136.B 
(1).". 
6. Section 144 of the principal Act is amendcd­
(a) in subsection (1)-
(i) by dckting the fullstop appearing at the cnd 
of paragraph (c) and substitutjngtherefor a 
semi-colon; and IP/N/1/JAMlC/1 
Page 101 IJ>~/l/J}\]Vf/<:/l 
Page 102 
(ii) by adding the foJ1m'{ing as par:Jgraph (0-
"(f) in relation to the protection of per­
sons who make charges for pro­
grammes included in a broadcasting 
or cable programme service provi­
ded in that country or an encrypted 
transmission sent from that country 
as they apply in relation to the pro­
tection of persons who make charges 
in relation to programmes included 
in a broadcasting or >Cable pro­
gramme service provided from Ja­
maica or an encrypted transmission 
sent from Jamaica, as the case may 
be."; 
(b) in subsection (3)-
(i) by deleting the fullstop appearing at the end 
of paragraph (b) and siitbstituting therefor 
a semi-colon and -the word "or"; and 
(ii) by inserting next after paragraph (b) the 
following as paragraph (c)-
"(c) in relation to the rights and reme­
dies provided by sections 136A and 
136B, the country is a country as to 
which the Minister is satisfied that 
provision has been or will be made 
under its law giving adequate pro­
tection to persons making charges 
for programmes included in a broad­
casting or cable programme. service 
provided from Jamaica or an en­
crypted transmission sent from Ja­
maica, as the case may be."; 
(c) in subsection (4), by inserting immediately.before 
the words "as may be appropriate" the words "or 
the distribution of programme-carrying signals 
tran::iTIlitted by satelite,". IP~/l/J~C:/l 
Page 103 
7. The principal Act is amended by insertin C7 next after Inse .. tio~ of 
::> new SCctJ:Oll 
section 145 the following as section 145A- l4?A.i1l1 ~nuelpa 
"Denial of 
prot.oc­
tion: pro­
granullcs 
and ell­
erypted 
trans­
missions. 145A.-(l) If it appears to the Minister that Act. 
the laws of a country fail to give adequate 
pr-otection to persons who make charges for 
programmes included in a broadcasting or 
cable programme service provided from Ja-
maica, or an -encrypted transmission sent from 
Jamaica, as the case may be, the Minister may 
act" in accordance with subsection (2) ID re-
lation to that-country. 
(2) The Minister may, having re­
gard to the nature and extent of the' lack of 
protection, by order designate the 'country 
concerned and may provide either generally 
or in relation to such classes of case as are 
specified in the order, that no protection shall 
be given under this Act to pers-ons who make 
cbarges for i)rogra11ll11cs included in a broad­
casting or cable programme service provided 
from that country or an encrypted transmis­
:jiull Sl.:l1l fr~1I11 lh~lt cuunlry. ;J.S the case_ may 
be.". 
P;:'.s~d in lite I-Illilsc or Rl:("ll\-:<;~nt:lriv~ this 11th day or May, i 999. 
VIOLET NEILSON, C.D. 
Speaker. 
P;lsscd in the Senale this 18th day of .June, 1999. 
SYRINGA IV1ARSI-IAI.L-BIJRNETr, CD .• 
Prcsid ('1/ I. 
This prillted illlprt!.ssiOIl 1/(/.'1 been -care­
fully cOlllpared by /lie with Ill" (/l/thl'nticated 
impressioll 0/ file /orc[;oing Art, lInd has 
heeN fOllnt! b\' lIle 10 be Cl true llnd correct 
priJlt('d copy (If thc' said ...-/ cl_ 
Clerk to the HO/lse.\' of Parliament.