WORLD TRADE ORGANIZATION 
ORGANISATION MONDIALE DU COMMERCE 
ORGANIZACION MUNDIAL DEL COMERCIO 
Council for Trade-Related Aspects 
ofInteIlectual Property Rights IP/N/IILCA/C/l 
30 March 2001 
(01-1620) 
Original: English! 
anglaisJ 
ingles 
MAIN DEDICATED INTELLECTUAL PROPERTY 
LAWS AND REGULATIONS NOTIFIED UNDER 
ARTICLE 63.2 OF THE AGREEMENT 
SAINT LUCIA 
The present document reproduces the text' of the following laws and regulations as notified by Saint Lucia under 
Article 63.2 of the Agreement (see document IP/NIlILCN1). 
Copyright Act 1995, W 10 of 1995. 
Copyright (Amendment) Act 2000, N° 70f2000. 
Conseil des aspects des droits de propriete 
inteIlectueIle qui touchent au commerce 
PRINCIPALES LOIS ET REGLEMENTATIONS CONSACREES A LA 
PROPRIETIt INTELLECTUELLE NOTIFIEES AU TITRE 
DE L'ARTICLE 63:2 DE L'ACCORD 
SAINTE-LUCIE 2 
98 
Le present document contient le texte' des lois et reglementations ci-apres notifiees par Sainte-Lucie au titre de 
l'article 63:2 de I'Accord (voir le document IP/N/lILCN1). 
Loi de 1995 sur le droit d'auteur, nO 10 de 1995 
Loi de 2000 sur le droit d'auteur (Modification), nO 7 de 2000 
Consejo de los Aspectos de los Derechos 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 
SANTA LuciA 2 
98 
En el presente documento se reproduce el texto' de las siguientes leyes y reglamentos notificados por Santa Lucia 
en virtud del parrafo 2 del articulo 63 del Acuerdo (vease el documento IP/N/1/LCN1). 
Ley de Derechos de Autor de 1995, N° 10 de 1995 
Ley de Derechos de Autor (Enmienda) de 2000, N° 7 de 2000 
I In English only.lEn anglais seulement.lEn ingles solamente. 2 
98 JP /NI lILCAICI 1 
Page 2 
No. 10.] CopyrightAct 
SAINT LUCIA 
No. 10 of 1995 
ARRANGEMENT OF SECTIONS 
PART! 
PRELIMINARY 
Section 
1. Short title. 
2. Commencement. 
3. Interpretation. 
4. Act binding on the Crown. 
S. Publication. 
6. Lawful reception of encrypted broadcasts. 
PARTII 
COPYRIGHT 
7. Categories of protected works. 
8. Oualification for copyright protection. 
9. Nature of copyright. 
10. Duration of copyright in literary works etc. 
11. Duration of copyright in sound recording and films. 
12. Duration of copyright in broadcasts and cable programmes. 
13. Dllratio:1 of copyright in typographical arrangements of editions. 
PIlRT III 
MORAL RWHTS AND RELATED RIGHTS 
14. Moral rights. 
15. Right to be indentified as author, etc. 
16. Right to object to derogatory treatment of work. 
17. False attribution of work. 
18. Right to privacy -commissioned photographs and films. 
19. Duration of moral rights and related rights. 
20. Consent and waiver of rights. 
21. Application of provisions to joint works. 
22. Application of provisions to part of work. 
23. Meaning of commercial publication. 
24. Regulations. 
PART IV 
OWNERSlllP AND ASSIGNMENT 
25. Ownership of copyright. 
26. A . ..ssignment and licences. 
27. Meaning of copyright owner. 
28. Prospective owner of copyright. [1995. 29. Copyright in unpublished works passes. 
30. Moral rights etc. not assignable. 
31. Transmission of moral rights etc. on death. 
32. Action -definition of. 
33. Infringement. PART V 
INFRINGEMENTS 
Economic Rights 
34. Proprietor of place of public entertainment liable for infringement. 
35. Infringement by providing apparatus etc. for giving infringing performances. 
Remedies for Infringement of Economic Rights 
36. Action by owner of copyright for infringement. 
37. Order for delivery up in civil proceedings. 
38. Right to seize infringing copies, etc. 
39. Wide injunction available to licensing bodies. 
40. Proceedings in case of copyright subject to exclusive licence. 
Moral and Related Rights 
41. Infringement of right to be identified as author or director. 
42. Infringement of right to object to derogatory treatment of work. 
43. Infringement by possession of infringing article. 
44. False attribution of work; infringement. 
45. Infringement of privacy right respecting photographs etc. 
Remedies for Infringements of Moral Rights and Related Rights 
46. Remedies for infringing moral rights, etc. 
47. Presumptions as to subsistence and ownership of copyright. 
48. Presumptions in relation to authorship of protected works. IPINIIILCAICIl 
Page 3 
49. Presumptions where action relates to sound recordings, films and computer programmes. 
50. Withdrawal of privilege against incrimination of self or spouse in infringement and related 
proceedings. 
51. Provision for restricting importation of infringing copies. 
52. Penalties in respect of dealings which infringe copyright. 
53. Presumptions not to apply. 
54. Delivery up to criminal proceedings. 
PART VI 
EXCEPTIONS TO INFRINGElvlENTS OF COPYRIGHT 
Preliminary 
55. Definitions. 
General Exceptiolls 
56. Research and private study. 
57. Criticism, review and reporting. 
58. Determining fair dealing. JPINIlILCAICI I 
Page 4 
59. Incidental inclusion of protected work. 
60. Anonymous and pseudonymous literary works etc. 
61. Use of notes of record ings of spoken words. 
62. Acts done for purposes of instruction or examination. 
63. Anthologies. 
64. Performing, playing or showing works in course of educational activities. 
65. Recordings etc. of educational establishments. 
66. Restriction on reprographic copying from published works. 
67. Subsequent dealing with authorised copies. 
Exceptions affecting Libraries alld Archives 
68. Interpretation of references, regulations. 
69. Supply by librarian of copies of published work. 
70. Supply of copies to other libraries. 
71. Replacing copies of work. 
72. Copying of unpublished work. 
Exceptions Relatillg to Public Administration 
73. Record ing for archival purposes. 
74. Parliamentary and judicial proceedings and statutory inquiries. 
75. Public records. 
76. Design documents and models. 
77. Where design derived from artistic work is exploited. 
Exceptiolls Relating to Works in Electronic Form 
78. Transfer of works in electronic form. 
Miscellaneous Exceptions relatillg to Literary, Dramatic, Musical and Artistic Works 
79. Statutory licences: recordings for broadcasting. 
80. Reading or recitation in public. 
81. Representation of artistic works on public display. 
82. Reconstruction of buildings. 
83. Subsequent work by same artist. 
Miscellaneolls Exceptions Respecting Broadcasts 
84. Recording broadcasts for programme supervision. 
85. Recording for purposes of time shifting. 
86. Provision for subtitled copies of broadcast or cable programme. 
Adaptations 
87. Adaptations. 
Prescribed Exceptions 
88. Power of Minister to prescribe exceptions to infringement. PART VII 
CoPYRIGHT LICENSING 
Licensing schemes and licensing bodies 
89. Jurisdiction of High Court. 
90. Procedure in proceedings before High Court. 
91. Licensing schemes and licensing bodies. 
References and applications with respect to licensing schemes 
92. Licensing schemes to which ss. 93 to 98 apply. 
93. Reference of proposed licensing scheme to High Court. 
94. Reference of licensing scheme to High Court. 
95. Further reference to High Court. 
96. Applications for grant of licence in connection with licensing scheme. 
97. Application for review of order as to entitlement to licence. 
98. Effect of order of Court as to licensing scheme. IPINIlILCAICIl 
Page 5 
References alld application wilh respect to individual licensing by licellsing bodies 
99. Licenses tc, which ss. 100 to 103 apply. 
100. Reference to High Court of proposed licence. 
101. Reference to High Court of expiring licence. 
102. Application for review of order as to licence. 
103. Effect of order of High Court as to licence. 
FaCial'S to be laken into aCCOl/ilt ill certain cl(1.-Sses of cases 
104. General considerations: unteasonable discrimination. 
105. Licences for reprographic copying. 
106. Licences for educational establishments in respect of work included in broadcasts or cable 
programmes. 
107. Licences to reflect conditions imposed by promoters events. 
108. Licences to reflect payments in respect of underlying rights. 
109. Mention of the specific matters not to exclude relevant considerations. 
PART VIII 
RrGl!Ts IN PERFORMANCES 
110. Conferment of rights in performances. 
111. Consent required for recording or live transmission of performance. 
112. Infringement of performer's rights by use of recording made without consent. 
113. Consent and royalty required for adaptation of recording. 
114. Infringement of performer's rights by importing, possessing, etc. illicit recording. 
Righls of persons having Recording Rights 
115. Consent required of performance subject to exclusive contract. 
116. Infringement of recording rights by use of recording made without consent. 
117. Infringement of recording rights by importing, possessing, etc. illicit recording. 
Dura lioll and Transmission of Rights in Performances; Consent 
118. Duration of rights in performance. 
119. Transmission of rights in performances. 
120. Consent. IPIN/l/LCAIC/l 
Page 6 
Remedies for Infringement of Rights in Performallces 
121. Infringement actionable as breach of statutory duty. 
122. Order for delivery up of illicit recording in court proceedings. 
123. Rights to seize illicit recordings. 
Offences ill Relation to Performances 
124. Criminal liability for making dealing with or using illicit recordings. 
125. Order for delivery up of illicit recording in criminal proceedings. 
126. False representation of authority to give consent. 
Exceptions to infrillgement of Rights Conferred under this Part 
127. Fair dealing for criticism, etc. 
128. Incidental inclusion of performance or recording. 
129. Acts done to recording of performance for purposes of instruction, etc. 
130. Recording of broadcast and cable programmes by educational establishments. 
131. Acts done to performance or recording for Parliamentary etc. 
132. Transfer of recording of performance in electronic form. 
133. Use of recordings of spoken works. 
134. Incidental recording for purpose of broadcast or cable programme. 
135. Recording for supervision and control of programmes permitted. 
136. Order excepting acts from infringing rights under this pali. 
137. Court may consent on behalf of performer. 
PART IX 
GENERAL 
Supplementary provisions 
138. Order for disposal of infringing copy of illicit recording. 
139. Period after which remedy of delivery up not available. 
140. Time limited for prosecution. 
141. Powers of police officers. 
142. Restrictions on the entry and search of domestic premises. 
143. Obstruction of police officers. 
144. Offences by bodies corporate. 
145. Power to make regulations. 
PART X 
INTERNATIONAL RELATIONS 
146. Power to apply provisions of Act to other countries. 
147. International organisations. 
148. Denial of copyright in performance or rights in performance. 
PART XI 
REPEALS, SA VINOS, TRANSITION 
149. Repeals. 
150. Savings. 
151. Copyright subsists only under Act. 
152. Enforcement of copyright subject to public interest. 
153. Transitional. L.S. I AssENT 
STANISLAUS JAMES, 
Governor-General. 
6th September, 1995. 
SAINT LUCIA 
No. 10 of 1995 
AN Acr to make a comprehensive copyright law for Saint Lucia; to 
afford better protection for literary, dramatic, musical, artistic 
and other works and creative products; to make provision as 
to the rights of performers and others in performances; to 
repeal the Copyright (St. Lucia) Order, 1965 of the United 
Kingdom; and to provide for matters connected therewith or 
incidental thereto. 
[ On Proclamation] 
BE IT ENACfED by the Queen's Most Excellent Majesty, by 
and with the advice and consent of the House of Assembly and 
the Senate of Saint Lucia, and by the authority of the same, as 
follows: IP/N/lILCA/C/l 
Page 7 IP/N/lILCAIC/1 
Page 8 
Short Title. 
Commencement. 
Interpretation. PART! 
PRELIMINARY 
1. This Act may be cited as the Copyright Act, 1995. 
2. This Act shall come into force on a day to be appointed by the 
Minister by Order published in the Gazette; and different days may 
be appointed for different provisions and different purposes. 
3.-(1) For the purposes of this Act -
"adaptation" includes -
(a) in relation to a computer program, a version of the 
program in which it is converted into or out of a 
computer language or code, or into a different 
language or code otherwise than incidentally in the 
course of running the program; 
(b) in relation to a literary work in a non -drama tic form, 
a version of the work (whether in its original lan­
guage or in a different language) in a drama tic form; 
(c) in relation to a literary work in a dramatic form, a 
version of the work (w hether in its original language 
or in a different language) in a non-dramatic form; 
(d) in relation to a literary work (whether in a non-
dramatic form or in a dramatic form) -
(i) a translation of the work; or 
(ii) a version of the work in which the story or 
action is conveyed solely or principally by 
means of pictures in a fonn suitable for repro­
duction in a book br in a newspaper, magazine 
or similar periodical; and . 
(e) in relation to a musical work, an arrangement or 
transcription of the work; 
"article" in the context of an article in a periodical, includes an 
item of any description; 
"artistic work" means -
(a) a graphic work, photograph, sculpture or collage, 
irrespective of artistic quality; 
(b) a work of architecture being a building or a model of 
a building, irrespective of artistic quality; or (c) a work of artistic craftsmanship to which neither 
paragraph (a) nor paragraph (b) applies; 
"author" means the person who creates a work, being -
(a) in relation to a literary work, the author of the work; 
(b) in relation to a musical work, the composer; 
(c) in relation to an artistic work other than a photo­
graph, the artist; 
(d) in relation to a photograph, the person taking the 
photograph; 
and, where the context requires, shall be taken to be in 
relation to-
(e) a sound recording or film, the person by whom the 
arrangements necessary for the making of the 
recording or film are undertaken; 
(j) the typographical arrangement of a published 
edition, the publisher; 
(g) a broadcast, the person making the broadcast as 
described in section 6 (2) or, in the case of a 
broadcast which relays another broadcast by recep­
tion and immediate re-transmission, the person 
making that other broadcast; 
(h) a cable programme, the person providing the cable 
programme service in which the programme is 
included; 
(i) a computer-generated literary, dramatic, musical or 
artistic work, the person by whom the arrangements 
necessary for the creation of the work are under­
taken; 
"a broadcast" means a transmission by wireless telegraphy of 
visual images, sounds or other information which -
(a) having regard to section 6, is capable of being 
lawfully received by members of the public; or 
(b) is transmitted for presentation to members of the 
public; 
"to broadcast" means to transmit, by the emission of electro­
magnetic energy otherwise than over a path that is 
provided by a material substance, visual images or 
sounds, or other information, irrespective of the form in 
w hieh the sounds, images or information are represented 
for reception by the public notwithstanding that -JP /NI lILCAICIl 
Page 9 IPINIIILCAIC/1 
Page 10 
(a) subsequent to the initial transmission, but before 
reception by the public, the images or sounds may 
be carried on a path provided by a material sub­
stance; 
(b) the public receiving, or capable of receiving, the 
images or sounds is in a country other than that from 
which the original transmission took place; 
(c) no member of the public actually receives the im­
ages or sounds, provided only that members of the 
public could, if in possession of suitable apparatus, 
receive them; 
and "broadcasting" and "re-broadcasting" have corre­
sponding meanings; 
"building" includes any fixed structure of any kind; 
"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 trans-
mission as part of the service; and 
(b) to the person including it is a reference to the person 
providing the service; 
"cable programme service" means a service which consists 
wholly or mainly in sending visual images, sounds or 
other information, irrespective of the form in'which the 
images, sounds or information are represented, by means 
of a telecommunications system, otherwise than by 
wireless telegraphy, for reception -
(a) at two or more places (whether for simultaneous 
reception or at different times in response to re­
quests by different users); or 
(b) for presentation to members of the public, 
and which is not, or to the extent that it is not, excepted 
by Regulations made under this Act; 
"collective works" means -
(a) a work of joint authorship, or 
Cb) a work in which there are distinct contributions by 
different authors orin which works or parts of works 
of different authors are incorporated; "Comptroller" means Comptroller of Customs; 
"computer-generated work" means a work generated by a 
computer in circumstances such that the work has no 
human author; 
"computer program" means a set of instructions whether 
expressed in words or in schema tic or other form, which 
is capable, when incorporated in a machine-readable 
medium, of causing an electronic or other device having 
information-processing capabilities to indicate, perform 
or achieve a particular function, task or result; 
"copy" in relation to -
(a) a work that is a literary, dramatic, musical or artistic 
work, means a reproduction of a work in any mate­
rial form, and, in respect of an artistic work, includes 
a reproduction in three-dimensions, if the artistic 
work is a two-dimensional work and a reproduction 
in two dimensions if the artistic work is a three­
dimensional work; and, in respect of a literary, 
dramatic or musical work, includes a reproduction 
in the form of a record or film; 
(b) a work that is a film, television broadcast or cable 
programme, includes a photograph of the whole or 
any substantial part of any image forming part of the 
film, broadcast or cable programme; 
(c) a work that is a typographical arrangement of a 
published edition, means a facsimile copy of the 
arrangement; and 
(d) any category of work includes any copy of the work, 
however made and in whatever medium, that is 
transient or is incidental to some other use of the 
work; 
and copy includes storing a work of any description in 
any medium by electronic means; 
"copyright" means copyright subsisting under Part II of this 
Act; 
"country" includes any territory; 
"distribution" means the distribution to the public, for com­
mercial purposes, of copies of a work by way of rental, 
lease, hire, loan or similar arrangement and distributing 
has a corresponding meaning; IP/N/lILCAICI1 
Page 11 IPINIl/LCA/C/1 
Page 12 
"dramatic work" includes -
(a) a choreographic show or entertainment in dumb 
show; and 
(b) a scenario or script for a film but does not include a 
film as distinct from the scenario or script; 
"drawing" includes a diagram, map, chart or plan; 
"educational establishment" means any school, college or 
other educational body designated, either individually 
or by reference to a class, for the purposes of this Act by 
the Minister by order; 
"engraving" includes an etching, lithograph, product ofpho­
togravure, woodcut, print or similar work, not being a 
photograph; 
"exclusive recording contract" means a contract between a 
performer and another person und er which tha t person is 
entitled, to the exclusion of all other person, including 
the performer, to make recordings of one or more of his 
performances with a view to their being sold or let for 
hire, or shown or played in public; 
"film" means a recording on any medium from which a 
moving image may by any means be produced; 
"future copyright" means copyright which will or may come 
into existence in respect of any future work or class of 
works or on the coming into operation of this Act, or on 
the occurrence of any other future event, and "prospec­
tive owner" shall be construed accordingly and, in 
relation to any such copyright, includes a person pro­
spectively entitled thereto by virtue of such an agree­
ment as is mentioned in section 28 (1); 
"graphic work" includes -
Ca) any painting, drawing, diagram, map, chart or plan, 
and 
Cb) any engraving, etching, lithograph, woodcut or 
similar work; 
"High Court" means the High Court ·of Justice of the Eastern 
Caribbean Supreme Court; 
"illicit recording" means -
(a) for the purposes ofa performer's rights, a recording 
of the whole or a substantial part of a performance of his, if it is made, otherwise than for private 
purposes, without his consent; 
(b) for the purposes of the rights of a person having 
recording rights under an exclusive recording con­
tract, a recording of the whole or any substantial part 
of a performance subject to the exclusive recording 
contract, if it is made, otherwise than for private 
purposes, without his consent or that of the 
performer; 
(c) for the purposes of any offence under this Act, a 
recording which is an illicit recording by virtue of 
either paragraphs (a) or (b) of this definition; 
"infringing copy" in relation to a protected work means -
(a) any copy of the work, the making of which consti­
tutes an infringement of the copyright in the work; 
(b) any copy of the work that is or is proposed to be 
imported into Saint Lucia and its making in Saint 
Lucia would have constituted an infringement of the 
copyright in the work of a breach of an exclusive 
agreement relating to that work; 
"literary work" means any work, other than a dramatic or 
musical work, which is written, spoken or sung, and 
accordingly includes -
(a) a written table or compilation; 
(b) a computer program; 
"manuscript" in relation to a work, means the original docu­
ment embodying the work whether written by hand or 
not; 
"Minister" means the Minister responsible for copyright; 
"performance" in relation to -
Ca) copyright in a protected work includes-
(i) delivery in the case of lectures, addresses, 
speeches and sermons; and 
(ii) any mode of visual or acoustic presentation, 
including presentation by means of a sound 
recording, film, broadcast orcable programme, 
of the work; . 
Cb) the rights conferred under part VIII, means -
(i) a dramatic performance which includes dance 
and mime; IP/N/lILCAIC/1 
Page 13 IP/N/1/LCAIC/l 
Page 14 
(ii) a musical performance; or 
(Hi) a reading or recitation of a literary work, 
which is, orto the extent that it is, a live performance 
given by one or more individuals; 
"person having recording rights" in relation to a performance 
(as defined in paragraph (b) of the definition of that 
expression in this section) means a person who, being a 
qualified person -
(a) is either a party to and has the benefit of an exclusive 
recording contract to which the performance is 
subject or is a person to whom the benefit of such a 
contract has been assigned; or 
(b) is licensed to make recordings of the performance 
with a view to their being sold or let for hire or 
shown or played in public, by a person who is within 
the definition in paragraph (a) but is not a qualified 
person; 
"photogra ph" 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, irre· 
spective of the form in which the recording is repre· 
sented, and which is not part of a film; 
"place of public entertainment" includes any premises which 
are from time to time made available for hire to such 
persons as may desire to hire them for purposes of public 
entertainment, including premises that are occupied 
mainly for other purposes; 
"prospective owner" has the meaning assigned to it in the 
definition of "future copyright"; 
"published edition" in the context of copyright in the typo­
graphic arrangement of a published edition, means a 
published edition of the whole or any part of one ormore 
literary, dramatic, musical or artistic works; 
"qualified person" -
Ca) in the case of an individual, means a person who is 
a citizen of Saint Lucia or who is domiciled or 
resident in Saint Lucia; and 
(b) in the case of a body corporate, means a body 
incorporated or established under any written law of 
Saint Lucia; "qualifying performance" means a performance that-
Ca) is given by an individual who is a qualified person; 
or 
Cb) takes place in Saint Lucia or a specified country; 
"record" means any disc, tape, perforated roll or other device 
in which sounds are embodied so as to be capable of 
being reproduced therefrom, irrespective of the form in 
which the sounds are represented, other than a sound­
track associated with a film, but includes, in relation to 
a performance, a film incorporating the performance; 
"recording", in relation to a performance, means a film or 
sound recording -
Ca) made directly from the live performance; 
Cb) made from a broadcast of, or cable programme 
incl uding, the performance; or 
Cc) made, directly or indirectly, from anotherrecording 
of the performance; 
"rental" means any arrangement under which a copy of a work 
is made available -
Ca) for payment (in money or money's worth) or 
Cb) in the course of a business, as part of services or for 
amenities for which payment is made, 
on terms that it will or may be returned; 
"sculpture" includes a cast or model made for purposes of 
sculpture; 
"sound recording" means -
Ca) a recording of sounds from which thesoundsmaybe 
reproduced; or 
Cb) a recording of the whole or any part of a literary, 
dramatic or musical work from which sounds repro­
ducing the work or part thereof may be produced, 
regardless of the medium on which the recording is 
made or the method by which the sounds are reproduced 
or produced or the form in which the sounds are 
represented; 
"specified country" means a country specified by the Minister 
by Order pursuant to section 146; 
"wireless telegraphy" means the emitting or receiving, other­
wise than over a path that is provided by a material IPINIlILCA/CI1 
Page 15 IP/NIlILCAIC/l 
Page 16 
Making of work • 
duration. 
Act binding on the 
Crown. 
Pub! ication. substance, of electra-magnetic energy transmitting 
visual images or sounds, or both; 
"work" means -
(a) a literary, dramatic, musical or artistic work; 
(b) a sound recording, film, broadcast or cable 
programme; 
(c) the typographical arrangement of a published 
edition, 
and accordingly "protected work" means a work of any 
of such categories in which copyright subsists by virtue 
of this Act; 
"work of joint authorship" means a work produced by the 
collaboration of two or more authors in which the 
contribution of each author is not separate from the 
contribution of the other author or authors; 
"writing" includes any form of notation, whether by hand or 
by printing, typewriting or any other process. 
(2) References in this Act to the time at which, or the period 
during which, a literary, dramatic or musical work was made are 
references to the time or period at or during which it was first written 
down, recorded or expressed in some other material form. 
4. This Act is binding on the Crown but nothing in this Act shall 
render the Crown liable to prosecution. 
5.-(1) In this Act "publication", in relation to work­
(a) means the issue of copies to the public, and 
(b) includes, in the case of a literary, dramatic, musical or 
artistic work, making it available to the public by means 
of an electronic retrieval system, 
and related expressions shall be construed accordingly. 
(2) In the case of a work of architecture in the form of a building, 
or an artistic work incorporated in a building, construction of the 
building, shall be treated as equivalent to publication of the work. 
(3) The following do not constitute publication for the purposes 
of this Act-
(a) in the case of a literary, dramatic or musical work­
(1) 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; or 
(ii) the issue to the public of copies of a graphic work 
representing, or of photographs of, a work of archi­
tecture in the form of a building or a model for a 
bullding, a sculpture or a work of artistic craftsman­
ship~ or 
(iU) the issue to the pubiic of copies of a film including 
the work; or 
(iv) the broadcasting of the work or its inclusion in a 
cable programme service (otherwise than for the 
purposes of an electronic retrieval system); 
(c) in the case of a sound recording or film-
(i) the work being played or shown in public; or 
(ii) the broadcasting of the work or its inclusion in a 
cable programme service. 
(4) A publication that is merely colourable and is not intended 
to satisfy the reasonable requirements of the public shall be 
disregarded for the purposes of this Act except in so far as it may 
constitute an infringement of copyright or may constitute an 
offence under this Act. 
(5) For the purposes of this Act, a publication in Saint Lucia or 
in any other country shall not be treated as being other than the first 
publication by reason only of an earlier publication elsewhere, if the 
two publications took place within a period of not more than thirty 
days. 
(6) In determining, for the purposes of this Act­
(a) whether a work has been published; 
(b) whether a publication of a work was the first publication 
of the work; or 
(c) whether a work was published or otherwise dealt with in 
the lifetime of a person, 
any unauthorised publication or the doing of any other 
unauthorised act shall be disregarded. 
(7) A publication or other act shall for the purposes of subsection 
(6), be taken to have been unauthorised if, but only if-IPINIl/LCA/C/1 
Page 17 IP/N/I/LCA/CIl 
Page 18 
Lawful reception of 
encrypted 
broadcasts. 
Making a broadcast. 
Categories of 
protected works. (a) copyright subsisted in the work and the act concerned was 
done otherwise than by, or with the licence of, the owner 
of the copyright; or 
(b) copyright did not subsist in the work and the act con­
cerned was done otherwise than by, or with the licence 
of-
(i) the author; or 
Cii) persons lawfully claiming under the author. 
(8) Nothing in either subsection (6) or subsection (7) affects any 
provisions ofthis Act relating to the acts comprised in copyright or 
to acts constituting infringements of copyright or offences under 
this Act. . 
6.-(1) In relation to the broadcast of a work, an encrypted 
transmission shall be regarded as capable of being lawfully received 
by members of the public only if decoding equipment has been 
lawfully made available to members of the public by or with the 
authority of the person making the transmission or the person 
providing the contents of the transmission. 
(2) References in this Act to the person making a broadcast, 
broadcasting a work or including a work in a broadcast are 
references -
Ca) to the person transmitting the programme, to the extent 
that he has responsibility for its contents; and 
(b) to any person providing the programme who makes with 
the person transmitting it, the arrangements necessary for 
its transmission, 
and references in this Act to a programme, in the context of 
broadcasting, are to any item included in a broadcast. 
PART II 
COPYRIGHT 
7.-(1) Subject to this section, the categories of works in which 
copyright under this Act may subsist are: 
(a) original literary, dramatic, musical or artistic works; 
(b) sound recordings, films, broadcasts or cable programmes; 
(c) typographical arrangements of published editions. (2) A literary, dramatic or musical work shall not be eligible for 
copyright protection unless it is written down, recorded or other­
wise fixed in a material form; and the storage of the work in a 
computer shall be regarded as a recording of the work in a material 
form. 
(3) It is immaterial for the purposes of subsection (2) whether the 
work is recorded by or with the permission of the author. 
(4) Copyright may subsist in a work notwithstanding that the 
making of the work involved an infringement of copyright subsist­
ing in some other work or of the rights in a performance. IP/N/1/LCA/CIl 
Page 19 
8.-(1) A literary, dramatic, musical or artistic work or, subject Qualification for 
to subsection (2), a typographical arrangement of a published copyright protection. 
edition, qualifies for copyright protection if-
(a) the author thereof was a qualified person at the time at 
which the work was made or, if the making of the work 
extended over a period, was a qualified person for a 
substantial part of that period; or 
Cb) in the case of a published work-
(i) if, having regard to section 5, the first publication 
took place in Saint Lucia or in a specified country; 
(ii) if the author was a qualified person at the time at 
which the work was first published; 
(iii) if the author had died before publication but was a 
qualified person immediately before his death; or 
(c) in the case of an artistic work which is a building or is 
incorporated in a building, if the building is erected in 
Saint Lucia or in a specified country. 
(2) Copyright shall not subsist in the typographical arrangement 
of a published edition if, or to the extent that, it reproduces the 
typographical arrangement of a previous eqition. 
(3) A sound record ing or film qualifies for copyright protection 
if-
(a) the maker thereof was a qualified person for the whole or 
a substantial part of the period during which the sound 
recording or film was made; or 
(b) having regard to section 5, if the sound recording or film 
has been published and the first publication took place in 
Saint Lucia or in a specified country. IP!N!I ILCA/CIl 
Page 20 
Ch. 146. (4) Copyright does not subsist in a sound recording or film 
which is, or to the extent that it is, a copy taken from a previous 
sound recording or film. 
(5) (a) A broadcast qualifies for copyright protection if it is made 
in Saint Lucia by a transmitting station in respect of which 
there is a valid licence granted under the Wireless Tele­
graphy Ordinance or in a specified country in accordance 
with any law in force regulating the making of broadcasts. 
(b) Copyright does not subsist in a broadcast which infringes, 
or to the extent that it infringes, the copyright in another 
broadcast or in a cable programme. 
(6) A cable programme qualifies for copyright protection if it is 
sent from a place in Saint Lucia or in a specified country in 
accordance with any law in force regulating transmission by cable, 
so, however, that copyright shall not subsist in any cable 
programme -
(a) if it is incl uded 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) In relation to a work of joint ownership, the reference·s in 
subsection (1) to author shall be construed as references to anyone 
of the authors. 
(8) If the qualification requirements of this section are once 
satisfied in respect of a work, copyright does not cease to exist by 
reason of any subsequent event. 
Nature of copyright -9.-(1) By virtue of and subject to the provisions of this Act, the 
economic rights. owner of the copyright in a work shall have the exclusive right to 
do or to authorise other persons to do any of the following acts in 
Saint Lucia or on any ship or aircraft registered in Saint Lucia -
(a) to make copies of the work; 
(b) to issue copies of the work to the public; 
(c) to perform the work in public or, in the case of a sound 
recording, film, broadcast or cable programme, to show 
or play the work in public; 
(d) to broadcast the work or include it in a cable programme 
service; or 
(e) to make an adaptation of the work and, in relation to such 
adaptation, to do any or all of the foregoing acts. (2) For the purposes of subsection (1) -
(a) references to the doing of any act in relation to any work 
means -
(i) the doing of the act in relation to the whole or any 
substantial part of the work; and 
(H) the doing of the act either directly or indirectly; and 
it is immaterial whether any intervening acts themselves 
infringe copyright; 
(b) references in paragraph (b) of that subsection to issuing of 
copies to the public include the rental of copies to the 
public. 
Duration of Copyright Protection IP/N/1/LCAIC/1 
Page 21 
10.-(1) Subject to the provisions of this section, copyright in Duration of 
any literary, dramatic, musical or artistic work expires at the end of copyright in literary 
the period of fifty years from the end of the calendar year in which works, etc. 
the author dies. 
(2) \Vhere the authorship of a work referred to in subsection (1) 
is unknown, copyright in such work expires at the end of the period 
offifty years from the end of the calendar year in which it was first 
made available to the public; and subsection (1) shall not apply if 
the identity of the author becomes known after the end of that 
period. 
(3) For the purpose of subsection (2), acts which constitute the 
making available of a work to the public include -
(a) in relation to a literary, dramatic or musical work, the 
performance of the work in public or its broadcast or 
inclusion in a cable programme service; 
(b) in relation to an artistic work, the exhibition of the work 
in public or its inclusion in a film shown to the public or 
in a broadcast or cable programme, 
so, however, that in determining for the purpose of this 
subsection whether a work has been made available to the 
public any unauthorised act shall be disregarded. 
(4) The provisions of subsections (1) and (2) shall not apply to 
a computer-generated work, the copyright in which shall expire at 
the end of the period of fifty years from the end of the calendar year 
in which the work is made. IPlNllILCAICIl 
Page 22 
Duration of 
copyright in sound 
recording and films. 
Duration of 
copyright in 
broadcasts and cable 
programmes, 
Duration of 
copyright in 
typographical 
arrangements of 
editions (5) In relation to a work of joint ownership -
Ca) the reference in subsection (1) to the death of the author 
shall be construed -
(i) where the identity of all the authors is known, as a 
reference to the death of the last of them to die; 
(ii) where the identity of one or more of the authors is 
known and the identity of one or more others is not, 
as a reference to the death of the last of the authors 
whose identity is known; and 
(b) the reference in subsection (2) to the identity of the author 
becoming known, shall be construed as a reference to the 
identity of any of them becoming known. 
(6) A work is of un known authorship if the identity of the author 
is unknown or, in the case of a work of joint authorship, if the 
identity of none of the authors is known. 
(7) The identity of an author shall be regarded as unknown if it 
is not possible for a person to ascertain his identity by reasonable 
inquiry; but if his identity is once known it shall not subsequently 
be regarded as unknown. 
11.-(1) Copyright in a sound recording or film expires at the 
end of the period of fifty years from the end of the calendar year in 
which it was made, or where it is made available to the public before 
the end of that period, at the end of the period of fifty years from the 
end of the calendar year in which it is so made available. 
(2) For the purposes of subsection (1) a sound recording or film 
is made available to the public when it is first published, broadcast 
or included in a cable programme service, so, however, that in 
determining whether a sound recording or film has been made 
available to the public, any unauthorised act shall be disregarded. 
12. Copyright in a broadcast or cable programme expires at the 
end of the period of fifty years from the end of the calendar year in 
which the broadcast was made or the programme was included in 
a cable programme service. 
l3. Copyright in the typographical arrangement of a published 
edition expires at the end ofthe period oftwenty-five years fjom the 
end of the calendar year in which the edition was first published .. PART III 
MORAL RIGHTS AND RELATED RIGHTS IPINIIILCAIC/I 
Page 23 
14. By virtue of and subject to the provisions of this Act -Moral rights. 
Ca) the author of a literary, dramatic, musical or artistic work 
that is a protected work; or 
(b) the director of a film that is a protected work, 
shall have in respect of such work, whether or not he is the 
owner of the copyright in the work, the rights specified in 
sections 15 and 16. 
15.-(1) SUbject to the provisions in this Part, and in particular Righttobeidentified 
to section 24, the author ofa literary, dramatic, musical oran artistic as author, etc. 
work that is a protected work and the director of a film tha t 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 circum-
stances specified in this section. 
(2) The author of a literary work (other than words intended to 
be sung or spoken with music) or a dramatic work has the right to 
be identified as such whenever -
(a) the work or an adaptation thereof is published commer­
cially, perfonned in public, broadcast or included in a 
cable programme service; or 
Cb) copies of a film or sound recording including the work or 
an adaptation thereof are issued to the public. 
(3) The author of a musical work or a literary work consisting of 
words intended to be sung or spoken with music, has the right to be 
identified as such whenever -
Ca) the work or an adaptation thereof is published commer­
cially; 
Cb) copies of a sound recording of the work or an adaptation 
thereof are issued to the public; or 
(c) a film, the sound track of which includes the work, is 
shown in public or copies of such film are issued to the 
public. 
(4) The author of an artistic work has the right to be identified 
as such whenever -
Ca) the workis published commercially or exhibited in public 
or a visual image of it is broadcast or included in a cable 
programme service; IPINll/LCAIC/l 
Page 24 
Right to object to 
derogatory treatment 
of work. (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 of a work 
of artistic craftsmanship, copies of a graphic work repre­
senting it or of a photograph of it, are issued to the public. 
(5) In addition to the right specified in paragraph (c) of sub­
section (4), the author of a work of architecture in the fonn of a 
building has the right to be identified on the building as constructed 
or, where more than one building is constructed to the design, on the 
first to be constructed. 
(6) The director of a film has the right to be identified as such 
whenever the film is shown in public, broadcast or included in a 
cable programme service or copies of the film are issued to the 
public. 
(7) The right of an author or director under this section is -
(a) in the case of commercial publication or the issue to the 
public of copies of a film or sound recording, to be 
identified in or on each copy or, if that is not appropriate, 
in some other manner likely to bring his identity to the 
notice of a person acquiring a copy; 
(b) in the case of identification on a building, to be identified 
by appropriate means visible to persons entering or 
approaching the building; and 
(c) in any other case, to be identified in a manner likely to 
bring his identity to the attention of a person seeing or 
hearing the performance, exhibition, film, broadcast or 
cable programme in question, 
and the identification must, in each case, be clear and reason­
ably prominent. 
16.-(1) Subject to the provisions in this Part, and in particular 
to section 24, the author of a literary, dramatic, musical or artistic 
work that is a protected work and the director of a film that is a 
protected work have respectively, the right not to have the work 
subjected to derogatory treatment; and such right is infringed by 
any person who does any of the acts specified in sections 42 or 43 
in the circumstances there specified. 
(2) For the purpose of this Act -(a) "treatment" of a work means any addition to, deletion 
from, alteration to oradaptationofthework, other than -
(i) a translation of a literary or dramatic work; or 
(H) an arrangement or transcription of a musical work 
involving no more than a change of key or register; 
and 
(b) the treatment of a work is derogatory if it amounts to 
distortion or mutilation of the work, or is otherwise 
prejudicial to the honour or reputation of the author or 
director, 
and references to a derogatory treatment of a work shall be 
construed accordingly. 
17.-(1) A person has the right-
(a) not to have a literary, dramatic, musical or artistic work 
falselv attributed to him as its author; and 
Cb) not to have a film falsely attributed to him as its director, 
and in this section "attribution", in relation to such work, 
means a statement, whether expressed or implied, as to the 
identity of the author or director. 
(2) The right conferred by subsection (1) is infringed by any 
person who does any of the acts specified in section 44. 
18. A person who for private and domestic purposes commis­
sions the taking of a photograph or the making of a film has, where 
the resulting work is a protected work, the right not to have -
(a) copies of the work issued to the public; 
Cb) the work exhibited or shown in public; or 
Cc) the work broadcast or included in a cable prog:-amme 
service. 
19.-(1) The rights conferred by sections 15, 16 and 18 sh'111 
subsist so long as copyright subsists in the work. 
(2) The right conferred by section 17 shall subsist until the end 
of the period of twenty years from the end of the calendar year in 
which the person dies. IP/N/1/LCA/CIl 
Page 25 
False attribution of 
work. 
Right to privacy­
commissioned 
photographs and 
films. 
Duration of moral 
rights and related 
rights. 
20.-(1) A person entitled to a right conferred under this Part Consent and waiver 
may waive the right or consent to the doing of any act in rela tion to of rights. 
the work in respect of which the right subsists and any act done in IPINIl ILCAICIl 
Page 26 
Application of 
provisions to joint 
works. pursuance of such waiver or consent is not an infringement of the 
right. 
(2) Arightmay be waived by instrument in writing signed by the 
person giving up the right and the waiver -
(a) may relate toworks 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 ex­
pressed to be subject to revocation. 
(3) Where a waiver is made in favour of the owner or prospective 
owner of the copyright in the work or works to which it relates, it 
shall be presumed to extend to his licensees and successors in title. 
(4) Nothing in this Part shall be construed as excluding the 
operation of the general law of contract or estoppel in relation to an 
informal waiver or other transaction in relation to any of the rights 
to which this Part relates. 
21.-(1) The right conferred by section 15 is, in the case of a 
work of joint authorship, a right of eachjoint author to be identified 
as a joint author. 
(2) The right conferred by section 16 is, in the case of a work of 
joint authorship a right of each joint author and his right is satisfied 
if he consents to the treatment in question. 
(3) A waiver of rights under section 20 by one joint author does 
not affect the rights of the other joint authors. 
(4) Subsections (1), (2) and (3) also apply, with such modifica­
tions 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 
is alleged to be, a work of joint authorship; and for the purpose of 
this subsection, a film is "jointly directed" if it is made by the 
collaboration of two or more directors and the contribution of each 
director is not distinct from that of the other director or directors. 
(5) The right conferred by section 18 is, in the case of a work 
madein pursuance ofajointcommission, a right of each person who 
commissioned the making of the work, so that -
(a) the right of each 'is satisfied if he consents to the act in 
question; and 
(b) a waiver under section 20 by one of them does not affect 
the rights of the others. 22. The rights conferred by -
(a) sections 15 and 18 apply in relation to the whole or any 
substantial part of a work; and 
(b) sections 16 and 17 apply in relation to the whole or any 
part of a work. 
23. In this Part "commercial publication", in relation to a 
literary, dramatic, musical or artistic work means-
(a) issuing copies of the work to the public at a time when 
copies made in advance of the receipt of orders are 
generally available to the public, or 
(b) making the work available to the public by means of an 
electronic retrieval system, 
and related expressions shall be construed accordingly. 
24.-(1) The Minister may make Regulations for any or all of 
the following purposes -
(a) specifying certain works or classes of works in respect of 
which no specified rights shall subsist; 
(b) prescribing conditions to which the exercise of any speci­
fied right shall be subject; 
(c) regulating the way in which any of the specified rights of 
an author or a director shall be respected; 
(d) specifying circumstances in which any of the specified 
rights of an author or a director may not be exercised. 
(2) In this section "specified right" means a right conferred on 
an author or a director by section 15 or section 16. 
PART IV 
OWNERSHIP AND AsSIGN~·1ENT lP /N/l/LCA/CI I 
Page 27 
Application of 
provisions to part of 
work. 
Meaning of 
commercial 
publication. 
Regulations. 
25.-(1) Subjectto this Act, the authorofa protected workis the Ownership of 
first owner of any copyright in that work unless there is an copyright. 
agreement to the contrary. 
(2) Subsection (1) shall not apply to copyright subsisting in a 
work pursuant to section 47. IPINI1 ILCA/CIl 
Page 28 
Assignments and 
licences. (3) Where a protected work is a work of joint authorship the 
authors thereof shall be co-owners of any copyright in that work. 
(4) Where a protected work has been made by or under the 
direction or control of the Government and, apart from this sub­
section no copyright would subsist in the work, then copyright shall 
subsist therein by virtue of this subsection and shall initially belong 
to the Crown. 
(5) The copyright subsisting in a protected work which has, with 
the author's written consent, been first published in Saint Lucia by 
or under the direction or control of the Government shall initially 
belong to the Crown. 
(6) Subsection (5) shall have effect subject to any agreement 
whereby it is agreed that the copyright in the work shall vest in the 
author or in some other person designated in the agreement. 
(7) For the purposes of this section the term "agreement" 
includes any conditions regulating or applying to the employment 
of a person in the service of the Crown. 
26.-(1) Subject to this section, copyright shall be transmis­
sible by assignment, by testamentary disposition or by operation of 
law, as personal or moveable property. 
(2) An assignment of copyright may be partial, that is, limited 
so as to apply-
(a) to one or more, but not all, of the things which, by virtue 
of this Act, the owner of the copyright has the exclusive 
right to do; 
(b) to part, but not the whole, of the period for which the 
copyright is to subsist. 
(3) No assignment of copyright (whether total or partial) shall 
have effect unless it is in writing signed by or on behalf of the 
assignor. 
(4) A licence granted by a copyright owner is binding upon 
every successor in title to his interest in the copyright, except a 
purchaser in good faith for valuable consideration and without 
notice (actual or constructive) of the licence or a person deriving 
title from such a purchaser; and references in this Act to doing 
anything with, or without, the licence of the copyright owner shall 
be construed accordingly. 27. Where different persons are entitled (whether in conse­
quence of a partial assignment or otherwise) to different aspects of 
copyright in a work, the copyright owner for any purpose of the Act 
is the person who is entitled to the aspect of copyright relevant for 
that purpose. 
28.-(1) Where, by an agreement made in relation to any future 
copyright and signed by or on behalf of the prospecti ve owner of the 
copyright, the prospective owner purports to assign the future 
copyright (wholly or partially) to another person (in this subsection 
referred to as "the assignee"), then if, on the coming into existence 
of the copyright, the assignee or a person claiming under him would 
be entitled as against all other persons to require the copyright to be 
vested in him (wholly or partly, as the case may be), the copyright 
shall, on coming in to existence, vest in the assignee or his successor 
in title by virtue of this subsection. 
(2) Where, at a time when any copyright come into existence, the 
person who, ifhe were then living would be entitled to the copyright 
is dead, the copyright shall devolve as if it had subsisted immedi­
ately before his death and he had then been the owner of the 
copyright. 
(3) Subsection (4) of section 26 shall apply, in relation to a 
licence granted by a prospective owner of any copyright, as it 
applies in relation to a licence granted by the owner of a subsisting 
copyright and as if any reference in that subsection to the owner's 
interest in the copyright included a reference to his prospective 
interest therein. 
29. Where undera bequest (whether specific or general) a person 
is entitled, beneficially or otherwise, to -
(a) the manuscript or other support on which a literary, 
dramatic, musical or artistic work was first expressed in 
material form; or 
(b) the material support embodying a sound recording or 
film, 
and the work had not been published before the death of the 
testator, the bequest shall, unless a contrary intention is 
indicated in the testator's will or a codicil to it, be construed 
as including the copyright in the work in so far as the testator 
was the owner of the copyright immediately before his death. IPINIlILCAICI 1 
Page 29 
Mean ing of copyright 
owner. 
Prospective owner of 
copyright. 
Copyright in 
unpublished works 
passes. IP/N/lILCA/CIl 
Page 30 
Moral rights etc. 
not assignable. 
Transmission of 
moral rights etc. on 
death. 30. The rights conferred under Part III are not assignable. 
31.-(1) On the death ofa person entitled to a right conferred by 
sections 15, 16, or 18 the right passes-
(a) to such person as he may by testamentary disposition 
specifically direct; or 
(b) in the absence of any such direction, then if the copyright 
in the work in question forms part of his estate, to the 
person to whom the copyright passes, 
and if, or to the extent that, the right does not pass under 
paragraph (a) or (b), it is exercisable by his personal represen· 
tatives. 
(2) Where copyright forming part of a person's estate passes in 
part to one person and in part to another, any part which passes with 
the copyright by virtue of subsection (1) is correspondingly 
divided. 
(3) Where by virtue of paragraph (a) or (b) of subsection (1) a 
right become exercisable by more than one person, then -
(a) where the right is conferred by section 15, it may be 
asserted by any of them; 
(b) where the right is conferred by section 16 or 18, itis a right 
exercisable by each of them and is satisfied in relation to 
any of them if he consents to the treatment or act in 
question; and 
(c) any waiver of the right in accordance with section 20 by 
one of them does not affect the rights of the others. 
(4) A consent or waiver previbusly 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 con­
ferred by section 17 is actionable by his personal representatives. 
(6) Any damages recovered by personal representatives by 
virtue of this section in respect of an infringement after a person's 
death shall devolve as part of his estate as if the right of action had 
subsisted and been vested in him immediately before his death. PART V 
INFRINGEMENTS 
Economic Rights I P/NIIILCA/C/l 
Page 31 
32. For the purposes of this Part, the expression "action" Action -definition 
includes a counterclaim, and references to the plaintiff and to the of. 
defendant in an action shall be construed accordingly. 
33.-(1) The copyright in a protected work is infringed by any Infringement 
person who, not being the owner of the copyright and without the 
licence of the owner thereof-
(a) in respect of the work, does, or authorises another by exercise of acts 
unauthorised person to do, any of the acts mentioned in 
section 9, in relation to that work; 
(b) imports an article (otherwise than for his private and 
domestic use) into Saint Lucia \vhich he knows or has 
reason to believe, is an infringing copy of the work; 
(c) in Saint Lucia, or on any ship or aircraft registered in Saint 
Lucia -
(i) possesses in the course of business; 
(ii) sells, lets for hire, or by way of trade offers or 
exposes for sale or hire; or 
(iii) by way of trade exhibits in public, an article which 
he knows or has reason to believe, is an infringing 
copy of the work. 
(2) Subsection (1) (c) shall apply, in relation to the distribution 
of any article either -
(a) for the purposes of trade; or 
(b) for other purposes, but only to such an extent as to affect 
prejudicially the owner of the copyright, 
as it appl'ies in relation to the sale of an artiCle. 
(3) Copyright in a workis infringed by a person who, without the 
licence of the copyright owner -
(a) makes; 
(b) imports into Saint Lucia; 
(c) possesses in the course of a business; or 
(d) sells or lets for hire or offers for sale or hire, by importation of 
infringing articles 
by commercial 
dealing in such 
articles 
Infringement by 
distribution of 
infringing articles. IP /NI IILCAICIl 
Page 32 
Proprietor of place of 
public entertainment 
liable for 
infringement. 
Infringement by 
providing apparatl!s 
etc. for giving 
infringing 
performances. an article specifically designed or adapted for making copies 
of that work, knowing or having reason to believe that it is to 
be used to make infringing copies. 
(4) Copyright in a workis infringed by a person who, without the 
licence of the copyright owner, transmits the work by means of a 
telecommunications system (otherwise than by broadcasting or 
inclusion in a cable programme service) knowing or having reason 
to believe that infringing copies of the work will be made by means 
of the reception of the transmission in Saint Lucia or elsewhere. 
34. The copyright in a protected work is infringed by any per­
son who, not being the owner of the copyright and without the 
licence ofthe owner thereof, permits a place of public entertainment 
to be used for a performance in public of the work where the 
performance constitutes an infringement of the copyright in the 
work; but this section shall not apply in a case where the person 
permitting the place to be used gave the permission gratuitously or 
for a consideration which was only nominal. 
35.-(1) Where copyright in a work is infringed by a public 
performance of the work, or by the playing or showing of the work 
in public by means of apparatus for -
(a) playing sound recordings; 
(b) showing films; 
(c) receiving visual images or sounds conveyed by electronic 
means, 
the persons mentioned in the following subsections are also 
liable for the infringement. 
(2) A person who supplied the apparatus, or any substantial part 
of it, is liable for the infringement if when he supplied the apparatus 
or part-
Ca) he knew or had reason to believe that the apparatus was 
likely to be so used as to infringe copyright; or 
Cb) in the case of apparatus whose normal use involves a 
public performance, playing or showing, he did not 
believe on reasonable grounds tha t it would not be so used 
as to infringe copyright. 
(3) An occupier of premises who gave permission for the appa­
ratus to be brought on to the premises is liable for the infringement 
if when he gave permission he knew or had reason to believe that 
the apparatus was likely to be so used as to infringe copyright. (4) A person who supplied a copy of a sound recording of film 
used to infringe copyright is liable for the infringement if when he 
supplied it he knew or had reason to believe that what he supplied, 
or a copy made directly or indirectly from it, was likely to be so used 
as to infringe copyright. 
Remedies for Infringement of Economic Rights IP/N/1/LCA/CIl 
Page 33 
36.-(1) Subject to this Act, infringements of copyright shall be Action by owner of 
actionable in the High Court at the suit of the owner of the copyright for 
copyright; and in any action for such an infringement all such relief infringement. 
by way of damages, injunction, accounts or otherwise shall be 
available to the plaintiff as is available in any corresponding 
proceedings in respect of the infringements of other proprietary 
rights. 
(2) Where, in an action for infringement of copyright, it is 
proved or admitted that -
Ca) an infringement was committed; but 
Cb) at the time of the infringement the defendant was not 
aware, and had no reasonable grounds for suspecting, that 
copyright subsisted in the work to which the action 
relates, 
the plaintiff shall not be entitled under this section to any 
damages against the defendant in respect of the infringement 
but shall be entitled to an account of profits in respect of the 
infringement whether any other relief is granted under this 
section or not. 
(3) Where in an action under this section an infringement of 
copyright is proved or admitted, the court, having regard (in 
addition to all other material considerations) to the flagrancy of the 
infringement, shall have power in assessing damages for the 
infringement, to award such additional damages as the court may 
consider appropriate in the circumstances. 
(4) In an action for infringement of copyright in respect of the 
construction of a building, no injunction or other order shall be 
made-
(a) after the construction of the bu-ildinghas been begnn, so 
as to prevent it from being completed; or 
(b) so as to require the building in so far as it has been 
constructed, to be demolished. I PINI 1 ILCA/CIl 
Page 34 
Order for delivery up 
in civil proceedings. 
Right to seize 
infringing copies, etc. 37.-(1) Subject to the provisions of this section, where a 
person -
(a) in the course of his business, has an infringing copy of a 
work in his possession, custody or control; or 
(b) has in his possession, custody or control an article specifi­
cally deiJigned or adapted for making copies of a particu­
lar 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 139; 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 138 for the disposal 
of the infringing copies. 
(3) A person to whom an infringing copy or other article is 
delivered up pursuant to an order made under this section shall, if 
an order under section 138 is not made, retain it until an order or 
decision is made by the court under that section. 
38.-(1) Subject to any decision ofthe court under section 138, 
and to the conditions specified in subsections (2), (3) and (4), an 
infringing copy of a work which is found exposed or otherwise 
immediately available for sale or hire, and in respect of which the 
copyright owner would be entitled to apply for an order under 
section 37 may be seized and detained by him or a person authorised 
by him. 
(2) Before anything is seized under this section notice of the 
time and place of the proposed seizure shall be given to the nearest 
police station. 
(3) At the time that anything is seized Ulider this section there 
shall be left at the place where it was seized a notice in the prescribed 
form containing the prescribed particulars as to the person by whom 
or on whose authority the seizure is made and the grounds on which 
it is made. 
(4) In this section "premises" includes land, buildings, fixed or 
moveable structures, vehicles, vessels and aircraft. 
Wide injunction 39. Where, in an action under this Part-
available to licensing 
bodies. Ca) the infringement of copyright is proved or admitted; 
(b) the plaintiff is a licensing body (as defined in section 91); 
and 
(c) the court, having regard to all material circumstances, is 
satisfied that effective relief would not otherwise be 
available to the plaintiff, 
the court may grant an injunction extending to all the pro­
tected works, of which the plaintiff is the owner of the 
copyright, notwithstanding that the infringement related to 
only one or some of the said works. 
40.-(1) For the purpose of this section, the expression -
"exclusive licence" means a licence in writing, signed by or 
on behalfofan owner or prospective owner of copyright, 
authorising the licensee, to the exclusion of all other 
persons, inc! uding the grantor of the licence, to exercise 
a right which by virtue of this Act would (apart from the 
licence) be exercisable exclusively by the owner of the 
copyright; and "exciusive licensee" shall be construed 
accordingly; 
"if the licence has been an assignment" means if, instead of the 
licence, there had been granted (sl.:.bject to terms and 
conditions corresponding as nearly as may be with those 
subject to which the licence was granted) an assignment 
of the copyright in respect of its or their application to 
the doing, at the places and times authorised by the 
licence, of the acts so authorised; and 
"the other party", in relation to the owner of the copyright, 
means the exclusive licensee; and, in relation to the 
exclusive licensee, means the owner of the copyright. 
(2) This section shall have effect as to proceedings in the case of 
any copyright in respect of which an exclusive licence has been 
granted and is in force at the time of the events to which the 
proceedings relate. 
(3) SUbject to the following provisions of this section, the 
exclusive licensee shall (except against the owner of the copyright) 
have the same rights of action, and be entitled to the same remedies, 
under section 36 as if the licence had been an assignment, and those 
rights and remedies shall be concurrent with the rights and remedies 
of the owner of the copyright under that section. IPINIIILCA/C/l 
Page 35 
Proceedings in case 
of copyright SUbject 
to exclusive licence. IPINII/LCAICIl 
Page 36 
(4) Where an action is brought either by the owner of the 
copyright or by the exclusive licensee, and the action, in so far as 
it is brought under section 36, relates (wholly or partly) to an 
infringement in respect of which they have concurrent rights of 
action under that section, the owner or licensee, as the case may be, 
shall not be entitled, except with the leave of the court to proceed 
with the action, in so far as it is brought under that section and relates 
to that infringement, unless the other party is either joined as a 
plaintiff in the action or added as a defendant; but this subsection 
shall not affect the granting of an interlocutory injunction on the 
application of either of them. 
(5) In any action brought by the exclusive licensee by virtue of 
this section, any defence which would have been available to a 
defendant in the action, if this section had not been enacted and the 
action had been brought by the owner of the copyright shall be 
available to that defendant as against the exclusive licensee. 
(6) Where an action is brought in the circumstances mentioned 
in subsection (4) and the owner of the copyright and the exclusive 
licensee are not both plaintiffs in the action, the court in assessing 
damages in respect of any such infringement as is mentioned in that 
subsection -
(a) if the plaintiff is the exclusive licensee, shall take into 
account any liabilities (in respect of royalties or other­
wise) to which the licence is subject; and 
(b) whether the plaintiff is the owner of the copyright or the 
exclusive licensee, shall take into account any pecuniary 
remedy already awarded to the other party under section 
36 in respect of that infringement, or, as the case may 
require, any right of action exercisable by the other party 
under that section in respect thereof. 
(7) Where an action, in so far as it is brought under section 36, 
relates (wholly or partly) to an infringement in respect of which the 
owner of the copyright and the exclusive licensee have concurrent 
rights of action under that section, and in that action (whether they 
are both parties to it or not) an account of profits is directed to be 
taken in respect ofthat infringement, then, subject to any agreement 
of which the court is aware whereby the application ofthose profits 
is determined as between the owner of the copyright and the 
exclusive licensee, the court shall apportion the profits between 
them as the court may consider just and shall give such directions 
as the court may consider appropriate for giving effect to that 
apportionment. (8) In an action brought either by the owner of the copyright or 
by the exclusive licensee -
(a) no judgement or order for the payment of damages in 
respect of an infringement of copyright shall be given or 
made under section 36, if a final judgement or order has 
been given or made awarding an account of profits to the 
other party under that section in respect of the same 
infringement; and 
(b) no judgement or order for an account of profits in respect 
of an infringement of copyright shall be given or made 
under that section, if a final judgement or order has been 
given or made awarding either damages or an account of 
profits to the other party under that section in respect of 
the same infringement. 
(9) \Vhere, in an action brought in the circumstances mentioned 
in subsection (4), whether by the owner of the copyright or by the 
exclusive licensee, the other party is not joined as a plaintiff (either 
at the commencement of the action or subsequently) but is added as 
a defendant, he shall not be liable for any costs in the action unless 
he enters an appearance and takes part ii1 the proceedings. 
(10) The copyright owner shall notify any exclusive licensee 
having concurrent rights before applying under section 37 for an 
order for the delivery up of infringing copies of a work or before 
exercising the right of seizure under section 38; and the court may, 
on the application of the licensee, if it thinks fit, having regard to the 
terms of the licence, make an order under section 37 or make an 
order prohibiting or permitting the exercise by the copyright owner 
of the right conferred under section 38. 
!l1oral and related rights 
41. The right conferred on an author or director of a protected 
work by section 15 is infringed by any person who, in relation to the 
work, does, or authorises another person to do, any of the acts 
mentioned in subsections (2), (3), (4) or (5) of section 15 without 
the identification of the author or the director, as the case may be, 
in accordange with the requirements of that section. IP /Nil ILCAICIl 
Page 37 
Infringement of right 
to be identified as 
author or director. 
42. The right conferred on an author or a director by section 16 Infringementofright 
to object to derogatory treatment of his work is infringed _ to object to derogatory treatment 
of work. IP/NIl/LCA/C/l 
Page 38 
Ca) in the case of a literary, dramatic or musical work, by a 
person who-
(i) publishes commercially (within the meaning speci­
fied in section 23), performs in public, broadcasts or 
includes in a cable programme service, a derogatory 
treatment of the work; or 
(H) issues to the public copies of 'a film or sound 
recording of, or including, a derogatory treatment of 
the work; 
(b) in the case of an artistic work, by a person who-
(i) publishes commercially (within the meaning speci­
fied in section 23) or exhibits in public a derogatory 
treatment of the work, or broadcasts or includes in 
a cable programme service a visual image of a 
derogatory treatment of the work; 
CH) shows in public a film which includes a visual image 
ofa derogatory treatment of the workor issues to the 
public copies of such a film; or 
(Hi) in the case Of a work of architecture in the form of 
a model for a building or in the case of a sculpture 
or work of craftsmanship, issues to the public copies 
of a graphic work representing, or of a photograph 
of, a derogatory treatment of the work; 
(c) paragraph (b) does not apply to a work of architecture in 
the form of a building; but where the author of such a work 
is identified on the building and it is the subject of 
derogatory treatment, he has the right to require the 
identification to be removed; 
Cd) in the case of a film, the right is infringed by a person 
who-
(i) shows in public, broadcasts or includes in a cable 
programme service a derogatory treatment of the 
film; or 
(ii) issues to the public copies ofa derogatory treatment 
of the film, 
or who, along with the film, plays in public, broadcasts or 
includes in a cable programme service, issues to the 
pu blic copies of, a derogatory trea tment ofthe film sound­
track. IPINI 1 ILCA/CI 1 
Page 39 
43.-(1) The right conferred by section 16 is also infringed by a Infringement by 
Person who _ possession of 
(a) possesses in the course of a business;' 
(b) sells or let for hire or offers or exposes for sale or hire; 
(c) in the course of a business, exhibits in public or distri-
butes; or 
(cl) distributes otherwise than in the course of a business, so 
as to affect prejudicially the honour or reputation of the 
author or director, 
an article which is, and which he knows or has reason to 
believe is, an infringing article. 
(2) In this section an "infringing article" means a work or a copy 
of a work which -
(a) has been subjected to derogatory treatment as defined in 
section 16 (2); and 
(b) has been or is likely to be the subject of any of the acts 
mentioned in section 42 in circumstances infringing that 
right. infringing article. 
44.-(1) Subject to the provisions of this section, the right False attribution of 
conferred on a person by section 17 not to have a literary, dramatic, work; infringement. 
musical or artistic work falsely attributed to him as its author or a 
film falsely attributed to him as its director, is infringed by any 
person who-
(a) issues to the public copies of a work of any of those 
descriptions in or on which there. is a false attribution; 
(b) exhibits in public an artistic work or a copy of an artistic 
work in or on which there is a false attribution. 
(2) The right is also infringed by a person who -
(a) in tl1e case' of a literary, dramatic or musical work, 
performs the work in public, broadcasts it or inc1 udes it in 
a cable programme service as being the work of a person; 
or 
Cb) in the case of a film, shows it in public, broadcasts it or 
inc1 udes it in a cable programme service as being directed 
by a person, 
knowing or having reason to believe that the attribution is 
false. IPINII1LCA/CI 1 
Page 40 
Infringement of 
privacy right 
respecting 
photographs, etc. (3) The right is also infringed by any person who issues to the 
public or displays in public any material containing a false attribu­
tion in connection with any act referred to in subsection (1) or (2). 
(4) The right is also infringed by a person who, in the course of 
a business-
(a) possesses or deals with a copy of a work referred to in 
subsection (1) in or on which there is a false attribution; 
or 
(b) in the case of an artistic work, possesses or deals with the 
work itself when there is a false attribution in or on it, 
kn owing or ha ving reason to b eUe ve tha t there is an a ttrib ution 
and that it is false. 
(5) In the case of an artistic work, the right is also infringed by 
a person who in the course of a business -
(a) deals with a work which has been altered after the author 
parted with possession of it as being the unaltered work of 
the author; or 
(b) deals with a copy of such a work as being a copy of the 
unaltered work of the author, 
knowing or having reason to believe that such is not the case. 
(6) In this section-
(a) "attribution" in relation to a work means a statement 
(express or implied) as to who is the author or director; 
(b) references to dealing are to selling or letting for hire, 
offering or exposing for sale or hire, exhibiting in public 
or distributing. 
(7) This section applies where, contrary to the fact -
(a) a literary, dramatic or musical work is falsely represented 
as being an adaptation of the work of a person; or 
(b) a copy of an artistic work is falsely represented as being 
a copy made by the author of the artistic work, 
as it applies where the work is falsely attributed to a person as 
author. 
45. The right conferred by section 18 in relation to a commis­
sioned photograph or film is infringed by a person who does or 
authorises the doing of any act mentioned in that section in relation 
to that work; but the right is not infringed by any of the following acts to the extent that, pursuant to Part VI, such act would not 
infringe copyright in the work -
(a) the incidental inclusion of the work in an artistic work, 
film broadcast or cable programme (section 59); 
(b) acts done for the purposes of parliamentary or judicial 
proceedings, or statutory enquiries (section 74). 
Remedies for Infringement of Moral Rights 
and Related Rights IP/N/lILCAIC/1 
Page 41 
46.-(1) The infringement of a right conferred under sections Remedies for 
15, 16, 17 or 18 is actionable as a breach of statutory duty owed to infringing moral . rights, etc. the person entltled to the right. 
(2) In an action for infringement of the right conferred by section 
16, the court may, if it thinks it an adequate remedy in the 
circumstances, grant an injunction on terms prohibitin6 the doing 
of any act unless a disclaimer is made on such terms and in such 
manner as may be approved by the court, dissociating the author or 
director from the treatment of the work. 
(3) Where in any action an infringement of a right referred to in 
subsection (1) is proved or admitted, the court may order the 
defendant to publish such correction in such terms and in such 
newspaper as the court may direct. 
Presulnptions 
47. In an action brought by virtue of this Part -
Ca) copyright shall be presumed to subsist in the work to 
which the action relates if the defendant does not put in 
issue the question whether copyright subsists therein; 
(b) where the subsistence of the 'copyright is proved or 
admitted or is presumed in pursuance of paragraph Ca). the 
plaintiff shall be presumed to be the owner of the copy­
right, ifhe claims to be the owner of the copyright and the 
defendant does not put in issue the question of his 
ownership thereof; and 
Cc) if the question arises whether an article is an infringing 
copy of a work and it is shown -Presumptions as to 
subsistence and 
ownership of 
copyright. IPIN/l/LCA/C/l 
Page 42 
Presumption in 
relation to 
-authorship of 
protected works. 
-ownership 
-originality 
-publication (i) that the article is a copy of the work; and 
(H) that copyright subsists in the work or has subsisted 
at any time, 
it shall be presumed until the contrary is proved that the 
article was made at a time when copyright subsisted in the 
work. 
48.-(1) Subject to section 47, where, in the case of a protected 
work, a name purporting to be that of the author appears on copies 
of the work as published or, in the case of an artistic work, 
appeared on the work when it was made the person whose name so 
appears (if it is his true name or a name by which he is commonly 
known) shall, in any action brought by virtue of this Part, be 
presumed, unless the contrary is proved, to be the author of the 
work. 
(2) In the case of a protected work alleged to be a work of joint 
authorship, subsection (1) shall apply in relation to each person 
alleged to be one of the authors of the work, as if references in that 
subsection to the author were references to one of the authors. 
(3) Where, in an action brought by virtue of this Part with respect 
to a protected work, subsection (1) does not apply, but it is 
established that -
(a) pursuant to paragraph (b) (i) of section 8 (1), the work 
qualifies for copyright protection by virtue of the country 
of first publication; and 
(b) a name purporting to be that of the publisher appeared on 
copies of the work as first published, 
then, unless the contrary is proved, copyright shall be pre­
sumed to subsist in the work and the person whose name so 
appeared shall be presumed to have been the owner of that 
copyright at the time of the publication. 
C 4) Where in an action brought by virtue of this Part with respect 
to a protected work it is established that the author of the work is 
dead-
Ca) the work shall be presumed to be an original work unless 
the contrary is proved; and 
(b) if it is alleged by the plaintiff that a publication specified 
in the allegation was the first publication of the work and 
that it took place in a country and on a date so specified, 
that publication shall be presumed, unless the contrary is proved, to have been the first publication of the work and 
to have taken place in that country and on that date. 
(5) For the purposes of this section, a fact shall be taken to be 
established if it is proved or admitted or if it is presumed in 
pursuance of this section. IP/N/lILCAIC/1 
Page 43 
49.-(1) In an action brought by virtue of this Part with respect Presumptions where 
to a sound recording, film or computer program, the presumptions action relates to sound recordings, specified in this section shall apply.' films and computer 
(2) In an action with respect to a sound recording, where copies 
of the recording as issued to the public bear a label or other mark 
stating -
Ca) that a named person was the owner of copyright in the 
recording at the date of issue of the copies; or 
(b) that the recording was first published in a specified year 
in a specified country, 
the label or mark shall be admissible as evidence of the facts 
stated and shall be presumed to be correct until the contrary is 
proved. 
(3) In an action with respect to a film, where copies of the film 
as issued to the public bear a statement -
(a) that a named person was the author or director of the film; 
(b) that a named person was the owner of copyright in the film 
at the date of issue of the copies; or 
(c) that the film was first published in a specified year or in 
a specified country, 
the statement shall be admissible as evidence of the facts 
stated and shall be presumed to be correct until the contrary is 
proved. 
(4) In an action with respect to a computer program, where 
copies of the program are issued to the public in electronic form 
bearing a stat~ment-
(a) that a named person was the owner of copyright in the 
program at the date of issue of the copies; or 
Cb) that the program was first published in a specified country 
or that copies of it were first issued to the public in 
electronic form in a specified year, 
the statement shall be admissible as evidence of the facts 
stated and shall be presumed to be correct until the contrary is 
proved. programmes. 
-ownership 
-publication 
-author/director 
-ownership 
-publication 
-ownership 
-publication IP/NII/LCA/C/1 
Page 44 
-a uthor/d irector 
-ownership 
Withdrawal of 
privilege against 
incrimination of self 
or spouse in 
infringement and 
related proceedings. (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 with respect to a film, where the film as shown 
in public, broadcast or included in a cable program service bears a 
statement -
(a) that a named person was author or director of the film; 
(b) that anamed person was the owner ofcopyrightin the film 
immediately after it was made, 
the statement shall be admissible as evidence of the facts 
stated and shall be presumed to be correct until the contrary is 
proved; and the presumption applies equally in an action 
relating to an infringement alleged to have occurred before the 
date on which the film as shown in public, broadcast or 
included in a cable programme service. 
50.-(1) In this section-
"related offence", in relation to any proceedings to which 
subsection (2) applies means -
(a) in the case of proceedings within subsection (3) (a) 
or (b)-
(i) any offence committed by or in the course of 
the infringement to which those proceedings 
relate; or 
(H) any offence not within subparagraph (i) com­
mitted in connection with that infringement, 
being an offence involving fraud or dis­
honesty; 
(b) in thecase of proceedings within subsection (3) (c), 
any offence revealed by the facts on which the 
plaintiff relies in those proceedings; 
"related penalty", in relation to any proceedings to which 
subsection (2) applies, means -
(a) in the case of proceedings within subsection (3) (a) 
or (b), any penalty incurred in respect of anything 
done or omitted in connection with the infringement 
to which those proceedings relate; 
(b) in the case of proceedings within subsection (3) (c), 
any penalty incurred in respect of any act or omission revealed by the facts on which the plaintiff 
relies in those proceedings. 
(2) In any proceedings to which this subsection applies a person 
shall not be excused, by reason that to do so would tend to expose 
that person, or his or her spouse, to proceedings for a related offence 
or for the recovery of a related penalty -
(a) from answering any question put to that person in the first 
mentioned proceedings; or . 
(b) from complying with any order made in those proceed­
ings. 
(3) Subsection (2) applies to the following civil proceedings in 
the Hir:h Court, namely -
(a) proceedings for infringement of copyright; 
(b) proceedings brought to obtain disclosure of information 
relating to any infringement of such rights; and 
(c) proceedings brought to prevent any apprehended 
infringement of such rights. 
(4) Subject to subsection (5), no statement or admission made 
by a person-
(a) in answering a question put to him in any proceeding to 
which subsection (2) applies; or 
(b) in complying with an order made in any such proceed-
ings, 
shall, in proceedings for any related offence or for the recov­
ery of any related penalty, be admissible in evidence against 
that person or (unless they married after the making of the 
statement or admission) against the spouse of that person. 
(5) Nothing in subsection (4) shall render any statement or 
admission made by a person as therein mentioned inadmissible in 
evidence against that person in proceedings for injury or contempt 
of court. 
(6) Any reference in this section to civil proceedings in the High 
Court of any description includes a reference to proceedings on 
appeal arising out of civil proceedings in the High Court of that 
description. IPINIl/LCAICIl 
Page 45 
51.-(1) The owner of the copyright in any published literary or Provision for 
musical work or in any film or published sound recording may give restricting , 
importation of notice in writing to the Comptroller - infringing copies. I PINI lILCAICI 1 
Page 46 
No. 23 of 1990. 
Penalties in respect of 
dealings which 
in fringe copyright. (a) that he is the owner of the copyright in the work, film or 
sound recording; and 
(b) that he requests the Comptroller, during a period specified 
in the notice, to treat as prohibited goods copies of the 
work, film or sound recording to which this section 
applies, 
but the period specified in a notice under this subsection shall 
not exceed five years and shall not extend beyond the end of 
the period for which the copyright may subsist. 
(2) This section applies, in the case ofa literary or musical work, 
film or sound recording, to any copy made outside Saint Lucia 
which is an infringing copy of the work, film or sound recording. 
(3) Where a notice has been given under this section in respect 
of a literary or musical work, film or sound recording, and has not 
been withdrawn, the importation into Saint Lucia, at a time before 
the end of the period specified in the notice, of any copy of the work, 
film or sound recording to which this section applies shall, subject 
to the following provisions of this section, be prohibited; but this 
subsection shall not apply to the importation of any article by a 
person for his private and domestic use. 
(4) The owner of the copyright in a literary or musical work, film 
or sound recording who gives notice to the Comptroller under this 
section shall comply with such conditions with respect to -
(1) the form of the notice; 
(il) the furnishing of evidence; 
(iii) the payment of fees; 
(iv) the giving of security; and 
(v) any other incidental or supplementary matters, 
as may be prescribed. 
(5) Notwithstanding anything in the Customs (Control and 
Management) Act 1990, a person shall not be liable to any penalty 
under that Act (other than forfeiture of the goods) by reason that any 
goods are treated as prohibited goods by virtue of this section. 
Offences 
52.-(1) Any person who, without the licence of the copyright 
owner, at a time when copyright in a work subsists by virtue of this 
Act-Ca) makes for sale or hire; 
Cb) in the course of a business sells or lets for hire, or offers 
or exposes for sale or hire, exhibits in public or 
distributes; 
(c) imports into Saint Lucia for purposes other than his 
private and domestic use; 
(d) distributes otherwise than in the course of a business to 
such an extent as to affect prejudicially the owner of the 
copyright; or 
(e) possesses in the course of business with a view to commi t­
ting any act infringing the copyright, 
any article which he knows or has reason to believe is an 
infringing copy of that work, commits an offence. 
(2) Any person who, at the time when copyright subsists in a 
work by virtue of this Act makes or has in his possession an article 
specifically designed or adapted for making copies of a particular 
protected work, knowing that it is to be used for making infringing 
copies for sale or hire or for use in the course of business, commits 
an offence. 
(3) Any person who causes -
(a) a literary, dramatic or musical work to be performed in 
public; or 
(b) a sound recording or film to be played, or as the case may 
be, shown in public, 
(otherwise than by reception of a broadcast or cable pro­
gramme) knowing or having reason to believe that copyright 
subsists in the work or that the performance constitutes an 
infringement of the copyright, commits an offence. 
(4) Any person who is guilty of an offence under subsection (1) 
(b) shall be liable on summary conviction in the case of a first 
conviction, to a fine not exceeding Two thousand five hundred 
dollars for each article to which the offence related, and in the case 
of any subsequent conviction, to such a fine, or to imprisonment for 
a term not exceeding twelve months. 
(5) Any person who is guilty of an offence under this section 
other than an offence referred to in subsection (4) shall be liable on 
summary conviction in the case of a first conviction, to a fine not 
exceeding One thousand dollars and in the case of any subsequent 
conviction, to such a fine, or to imprisonment for a term not 
exceeding six months. IP/NIlILCAIC/1 
Page 47 IPlNll/LCAIC/l 
Page 48 
Presumptions nol 10 
apply. 
Order to deliver up in 
criminal 
proceedings. 
Defin i lions. 53. The presumptions specified in sections 48 and 49 do not 
apply to proceedings for an offence under section 52, but without 
prejudice to their application in proceedings for an order under 
section 54. 
54.-(1) Subject to subsection (2), the court before which 
proceedings are brought against a person for an offence under 
section 52 may, if it is satisfied that at the time of his arrest or 
charge -
(a) he had in his possession, custody or control in the course 
of a business an infringing copy of a protected work; or 
Cb) he had in his possession, custody or control an article 
specifically designed or adapted for making copies of a 
particular protected work knowing or having reason to 
believe that it had been or was to be used to make 
infringing copies, 
order that the infringing copy or article be delivered up to the 
copyright owner or to such other person as the court may 
direct. 
(2) An order may be made by the court of its own motion or on 
the application of the prosecution and may be made whether or not 
the person is convicted of the offence, so, however, that the court 
shall not make an order -
(a) after the time specified in section 139; or 
(b) if it appears to the court unlikely that any order will be 
made under section 138. 
(3) An appeal lies from an order made under this section to the 
Court of Appeal. 
(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 138. 
PART VI 
EXCEPTIONS TO INFRINGEMEI'<'TS OF COPYRIGHT 
Preliminary 
55. For the purposes of this Part -"facsimile copy" inc1 udes a copy which is reduced or enlarged 
in scale; 
"reprographic process" means a process -
. (a) for making facsimile copies; or 
(b) involving the use of an appliance for making 
multiple copies, 
and includes, in relation to a work held in electronic 
. form, any copying by electronic means, but does not 
include the making ofa film or sound recording; 
"sufficient acknowledgement" means an acknowledgement 
identifying the work in question by its title or other 
description and, unless the work is anonymous, or the 
author has previously agreed or required that no 
acknowledgement of his name should be made, also 
identifying the author. 
General Exceptions IP/N/1/LCAIC/1 
Page 49 
56.--(1) Subject to subsection (2) and section 58, fair dealing Research and private 
with a protected work for the purposes of research or private study study. 
does not infringe copyright in the work. 
(2) Copying by a person other than the researcher or student 
himself is not fair dealing if-
(a) in the case of a librarian, or a person acting on behalf of 
a librarian, he does anything which regulations under 
section 68 would not permit t6 be done under section 69 
or 70 (articles or parts of published works: restriction on 
multiple copies of same material); or 
(b) in any other case, the person doing the copying knows or 
has reason to believe that it will result in copies of 
substantially the same material being provided to more 
than one person at substantially the same time and for 
substantially the same purpose. 
57.-(1) Subject to section 58, fair dealing with a work for the Criticism,reviewand 
purpose of criticism or review, of that or another work or of a reporting. 
perfonnance of a work, does not infringe any copyright in the work 
provided it is accompanied by a sufficient acknowledgement. 
(2) Subject to subsection (3) and section 58, fair dealing with a 
protected work (other than a photograph) for the purpose of IP/N/1/LCAIC/l 
Page 50 
reporting current events does not infringe copyright in the work so 
long as it is accompanied by a sufficient acknowledgement. 
(3) No acknowledgement is required in connection with the 
reporting of current events by means of a sound recording, film, 
broadcast or cable programme. 
Determining fair 58. For the purpose of determining whether an act done in 
dealing. relation to a work constitutes fair dealing, the court determining the 
question shall take account of all factors which appear to it to be 
relevant, including -. 
Incidental inclusion 
of protected work. 
Anonymous and 
pseudonymous 
literary works etc. (a) the nature of the work in question; 
(b) the extent and substantiality of that part of the work 
affected by the act in relation to the whole of the work; 
(c) the effect of the act upon the potential market for or the 
commercial value of the work. 
59. Copyright in a work is not infringed -
Ca) 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 programme 
service of anything whose making was not an infringe­
ment of copyright by virtue of paragraph (a); 
and for the purposes of this section, a musical work, words 
spoken or sung with music, or so much of a sound recording, 
broadcast or cable programme as includes a musical work or 
such words, shall not be regarded as incidentally included if 
it is deliberately included. 
60.-. (1) Copyright in a literary, dramatic musical or artistic 
work is not infringed by an act done at a time when, or in pursuance 
of an arrangement made at a time when -
(a) it is not possible by reasonable inquiry to ascertain the 
identity of the author; and 
(b) it is reaso'nable to; assume -
(i) that the copyright has expired; or 
(H) that the author died fifty years or more before the 
beginning of the calendar year in which the act is 
done or the arrangements are made. (2) ·Subsection (1) (b) (ii) does not apply in relation to work in 
which copyright originally vested in an international organisation 
by virtue of section 147 and in respect of which an order under that 
section specified 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 refererice in subsection (1) (b) CH) to the author having 
died shall be construed as a reference to all the authors 
having died. 
61.-(1) Where a record of spoken words is made, in writing 
or otherwise, for the purpose of-
Ca) reporting current events; or 
(b) broadcasting or including in a cable programme service 
the whole or part of the work, -
it isnot infringement of any copyright in the words as a literary 
work to use the record or ma terial 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 wasnot prohibited by the speaker 
and, where copyright already subsisted in the work, did 
not infringe copyright; 
(c) the use made of the record or material taken from it is not 
a kind prohibited by or on behalf of the speaker or 
copyright ovjner 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. 
Use ofWoi·kfor Educational Purposes IPIN/1/LCAIC/1 
Page 51 
Use of notes of 
recordings of spoken 
words. 
62.-(1) Copyright in a literary, dramatic, musical or artistic Acts done for 
work is not infringed by its being copied in the course of instruction purposes of instruction or or of preparation for instruction, provided the copying is done by a examination. IPlNllILCA/CIl 
Page 52 
Anthologies. person giving or receiving instruction and is not by means of a 
reprographic process. 
(2) Copyright in a sound recording, film, broadcast or cable 
programme is not infringed by its being copied by making a film or 
film sound-track in the course of instruction or of preparation for 
instruction in the making of films or film sound-tracks, provided the 
copying is done by a person giving or receiving instruction. 
(3) Copyright in a work is not infringed by anything done for the 
purposes of an examination by way of setting the questions, 
communicating the questions to candidates or answering the 
questions. 
63.-(1) The inclusion, in a collection for use in educational 
institutions, of a short passage from a published literary or dramatic 
work does not infringe copyright in the work if-
(a) the collection is described in the title and in any advertise­
ments thereof issued by or on behalf of the publisher, as 
being so intended; 
(b) the work was not itself published for the use of ed uca­
tional institutions; 
(c) the collection consists mainly of material in which no 
copyright subsists; 
(d) not more than one other such passage or part from works 
by the same author is published by the same publisher 
within the period of five years immediately preceding the 
publication of that collection; and 
(e) the inclusion is accompanied by a sufficient 
acknowledgement. 
(2) Subsection (1) does not authorisethe inclusion of more than 
two excerpts from protected works by the same author in collections 
published by the same publisher over any period of five years. 
(3) In relation to any given passage, the reference in subsection 
(2) to excerpts from works by the same author-
(a) shall be taken to include excerpts from works by him in 
collaboration with another; and 
(b) if the passage in question is from such a work, shall be 
taken to include excerpts from works by any Of the 
authors, whether alone or in collaboration with another. 64.-(1) The performance of a literary, dramatic or musical 
work before an audience consisting of teachers and pupils at an 
educational establishment and other persons directly connected 
with the activities of the establishment -
(a) by a teacher or pupil in the course of the activities of the 
establishment, or 
(b) at the establishment by any person for the purposes of 
instruction, 
is not a public performance for the purposes of infringement 
of copyright. 
(2) The playing or showing of a sound recording, film, broadcast 
or cable programme before such an audience at an educational 
establishment for the purposes of instruction is not a playing or 
showing of the work in public for the purposes of infringement of 
copyright. 
(3) A person is not for this purpose directly connected with the 
activities of the educational establishment simply because he is the 
parent of the pupil at the establishment. 
65.-(1) Subject to subsection (2), a recording of a broadcast or 
cable broadcasts, programme or a copy of such a recording may be 
made by or on behalf of an educational establishment for the 
educational purposes of that establishment without thereby infring­
ing the copyright in the broadcast or cable 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 under which licences are available authorising 
the making of such recordings or copies, and the person making the 
recordings knows or ought to have been aware ofthat fact. 
66.-(1) Subject to the provisions of this' section, reprographic 
copies of passages from published literary, dramatic or musical 
work may be made by or on behalf of an educational establishment 
for the purposes of instruction without infringing any copyright in 
the work or in the typographical arrangement. 
(2) Not more than one 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 1stJanuary to 31st March, 
1st April to 30th June, 1st July to 30th September or 1st October to 
31st December. IP/N/I/LCA/C/1 
Page 53 
Performing, playing 
or showing works in 
course of 
educational 
activities. 
Record ing of etc. 
educational 
establishments. 
Restriction on 
reprographic 
copying from 
published works. IP/N/1/LCA/C/I 
Page 54 
Subsequent dealing 
with authorised 
copies. 
Interpretation of 
references, 
regulations. (3) Copying is not authorised by this section if, or to the extent 
that, there is a licensing scheme under which licences are available 
authorising the copying in question and the person making the 
copies know or ought to have been aware of that fact. 
(4) Where a licence is granted to an educational institution 
authorising the reprographic copying of passages from any pub­
lished literary, dramatic or musical work, for use by the institution, 
then, any term of that licence which purports to restrict the 
proportion of work which may be copied (whether on payment or 
free of charge) to less than that permitted under this section shall be 
of no effect. 
67.-(1) Where a copy of a work would be an infringing copy 
if the making thereof were not authorised under sections 62,65 and 
66 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 
68.-(1) In sections 69 to 72 references to the librarian or 
archivist include references to a person acting on his behalf. 
(2) Regulations may provide that a librarian or archivist who is 
required to be satisfied as to a matter before making or supplying 
a copy of a work -
(a) is entitled to rely on a declaration as to that matter, signed 
by the person requesting the copy, unless he is aware that 
the declaration is false in any material particular; 
(b) in such cases as may be prescribed, shall .not make or 
supply a copy to any person in the absence of a declaration 
by that person. 
(3) Where a person requesting a copy makes a declaration that 
is false in a material particular and is supplied with a copy which 
would have been an infringing copy if made by him, that person 
shall be liable for infringement of copyright as if he had ~ade the 
copy himself, and the copy supplied shall be treated as an infringing 
copy. IP/N/I/LCAIC/1 
Page 55 
69.-(1) Subject to subsection (3) the librarian of a prescribed Supply by librarian of 
library of archive may, if the prescribed conditions are compiled copies of published work. with-
(a) make and supply a copy of an article in a periodical; or 
(b) make and supply from a published edition, a copy of part 
ofa literary, dramatic work ormusical work, not being an 
article in a periodical, 
without infringing any copyright subsisting in the text of the 
article or in the work, as the case may be, or in any illustrations 
accompanying such article or work, or in the typographical 
arrangement thereof. 
(2) The conditions prescribed pursuant to subsection (1) shall 
include the following -
(a) that copies shall be supplied only to persons satisfying the 
librarian that they require them for purposes of research or 
private study, and will not use them for any otherpurpose; 
(b) in relation to an article, that no person shall be furnished 
with more. than one article contained in the same issue of 
a periodical; 
(c) in relation to a work referred to in paragraph (b) of 
subsection (1), that no person shall be furnished with 
more than one copy of the same material or of a copy of 
more than a reasonable proportion of any work; 
(d) that person to whom copies are supplied are required to 
pay for them a sum not less than the cost (including a 
contribution of the general expenses of the library) 
attributable to their production; 
(e) that a copy shall be supplied only to a person satisfy ing the 
librarian that his requirement is not related to any similar 
requirement of another person; 
if) that requirements shall be regarded as similar if the 
requirements are for copies of substantially the same 
material at substantially the same time and for substan­
tially the same purpose; and 
(g) that requirements of persons shall be regarded as related 
if those persons receive instruction to which the material 
is relevant at the same time and place. 
(3) Subsection (1) shall not apply if or to the extent that there is 
a licensing scheme under which licenses are available authorising lP/N/l/LCAIC/1 
Page 56 
Supply of copies to 
other libraries. 
Replacing copies of 
works. the making of such copies, and the person making the copies know 
or ought to have been aware of that fact. 
70.-(1) The librarian of a prescribed library or archive may, if 
the prescribed conditions are complied with, make and supply to 
another prescribed library or archive a copy of-
(a) an article in a periodical; or 
(b) the whole or part of a published edition of a literary, 
dramatic, musical, or artistic work, 
without infringing any copyright in the text of the article or, 
the work, or in any illustrations accompanying such article or 
work or, in the case of a published edition, in the typographi­
cal arrangement. 
(2) Paragraph (b) of subsection (1) shall not apply if, at the time 
the copy is made, the librarian making it knows or could, by 
reasonable inquiry, ascertain the name and address of a person 
entitled to authorise the making of the copy. 
71.-(1) The librarian of a prescribed library or archive may, if 
the prescribed conditions are complied with, make a copy from any 
item in the permanent collection of the library or archive for the 
purpose of-
(a) preserving or replacing the item by placing the copy in 
such permanent collection in addition to or in place of the 
item; 
(b) replacing in the permanent collection of another pre­
scribed library or archive an item which has been lost, 
destroyed or damaged, 
without infringing the copyright in any literary, dramatic or 
musical work, in any illustrations accompanying such a work 
or, in the case of a published edition, in the typographical 
arrangement. . 
(2) The prescribed conditions shall include provisions restrict­
ing the making of copies to cases where it is not reasonably 
practicable to purchase a copy of the item in question for the 
purpose. 
Copying of 72.-(1) Subject to subsection (2), the librarian of a prescribed 
unpublished work. library or archive may, if the prescribed conditions are compiled 
with, make and supply a copy of the whole or part of a literary, dramatic or musical work from a document in the library or archive 
without infringing any copyright in the work or in any illustrations 
accompanying it. 
(2) Subsection (1) shall not apply where -
(a) the work is published at the time when the copies are 
made; 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; 
Cb) that no person is furnished with any more than one copy 
of the same material; and 
(c) that person to whom copies are supplied are required to 
pay for them a sum not iess than the cost (including a 
contribution to the general expenses of the library or 
archive) attributable to their production. 
Exceptions Relating to Public Administration 
73.-(1) A recording of a broadcast or cable programme of a 
designated class, or a copy of such a recording, ma y be made for the 
purpose of being placed in an archive maintained by a designated 
body without thereby infringing any copyright in the broadcast or 
cable programme odn 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. 
74.-(1) Copyright in a work is not infringed by anything done 
for the purposes of parliamentary or judicial proceedings or, 
subject to subsection (3), for the purposes of reporting such 
proceedings. 
(2) Copyright in a work is not infringed by anythii!g done for the 
purposes of the proceedings of a statutory inquiry or, subject to IPINII/LCAICIl 
Page 57 
Recording for 
archival purposes. 
Parliamentary and 
judicial proceedings 
and statutory 
inquiries. IPINIl/LCA/CIl 
Page 58 
Public records. 
Design documents 
and models. subsection (3), for the purposes of reporting any such proceedings 
held in public. 
(3) The provisions of subsections (1) and (2) relating to the 
reporting of proceedings shall not be construed as authorising the 
copying of a work which is itself a published report of the 
proceedings. 
(4) Copyright in a workis 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. 
75. Where any protected work or a reproduction of any such 
work is comprised in any public record and are 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 the officer in charge of the record. 
76.-(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 type face) 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 orto include in a film, broadcast or cable programme service 
anything the making of which was, by virtue of subsection (1), not 
an infringement of that copyright. 
(3) In this section -
"design" means the design of any aspect of the. shape or 
configuration (whether internal or external) of the whole 
or part of an article, other than surface decoration; and 
"design document" means any record of a design, whether in 
the form of a drawing, a written description, a photo­
graph, data stored in a computer or otherwise.' 77.-(1) Where an artistic work has been exploited by or with 
the licence of the copyright owner by -
Ca) making by an industrial process articles faIling to be 
treated under this Act as copies of the work; and 
Cb) marketing such articles in Saint Lucia or elsewhere, 
then, after the end of the period of twenty-five years from the 
end of the calendar year in which such articles are first 
marketed, a person may, without infringing copyright in the 
work, copy the work by making articles of any description or 
by doing anything for the purpose of making articles of any 
description, or by doing anything in relation to articles so 
made. 
(2) Where only part of an artistic work is exploited in the manner 
described in subsection (1), then, the provisions of that subsection 
apply only in relation to that part. 
(3) The Minister may by order make provision-
(a) as to the circumstances in which an article or any descrip­
tion of article is to be regarded for the purposes of this 
section as made by an industrial process; 
(b) excluding from the operation of this section such articles 
of a primarily literary or artistic character as he thinks fit. 
(4) In this section -
(a) references to articles do not include films; and 
(b) references to the marketing of an article are to its being 
sold or let for hire or offered or exposed for sale or hire. 
Exception Relating to Works in Electronic Form IPIN/1/LCAICIl 
Page 59 
Where design 
derived from artistic 
work is c)Cploited. 
78.-(1) Where a workin electronic form has been purchased on Transfer of works in 
terms which expressly or impliedly or by virtue of any rule 9f law, electiOnic form. 
allow the purchaser to copy the work orto adapt it arto make copies 
of an adaptation in connection with his use of it, then, in the absence 
of any express terms -
(a) prohibiting the transfer of the copy by the purchaser or 
imposing obligation which continue after a transfer, or 
prohibiting the assignment of any licence; or 
Cb) providing for the terms on which a transferee may do the 
. things which the purchaser was permitted to do, IPlNl1lLCA/C/l 
Page 60 
Statutory licences: 
recordings for 
broadcasting. anything which the purchaser was allowed to do may also be 
done by a transferee without infringement of copyright. 
(2) Any copy, adaptation or copy of an adaptation made by the 
purchaser which is not also transferred shall, after the transfer, be 
treated as an infringing copy for all purposes. 
(3) Subsections (1) and (2) apply where the original purchased 
cop·y 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 by 
references to the subsequent transferor. 
Miscellaneous Exceptions relating to 
Litermy, Dramatic, Aiusical andArtistic Works 
79.-(1) Where by virtue of an assignment or licence a person 
is authorised to broadcast or include in a cable programme service, 
a literary, dramatic, musical or artistic work or a film or sound 
recording from a place in Saint Lucia but (apart from this subsec­
tion) would not be entitled to make copies of it, then, subject to the 
conditions specified in subsection (2), the authority contained in the 
assignment or l1cence shall be deemed to extend to making one copy 
only for the purposes, and subject to the conditions, in subsection 
(2). 
(2) Subsection (1) shall apply only if the following conditions 
are satisfied-
(a) the copy shall not be used for making any further copies 
or for any other purpose except either for broadcasting or 
inclusion in a cable programme service in accordance 
with the assignment or licence, or for archival purposes; 
and . 
(b) the copy (unless kept for archival purposes) shaH be 
destroyed before the end of the period of (ninety days) 
beginning with the day on which it is first used for 
broadcasting or included in a cable programme service in 
pursuance of the assignn1ent or licence, or such extended 
period (if any) as may be agreed between the person who 
made the copy and the person who (in relation to the 
making of copies of the description in question) is the 
owner of the copyright. (3) A copy made in accordance with subsection 91 shall be 
treated as an infringing copy -
(a) for the purposes of any use in breach of condition Ca); and 
(b) for all purposes after that condition or condition (b) has 
· been broken. IP/N/1/LCA/C/l 
Page 61 
(4) Where records of a literary, dra·matic or musical work have, making of records. 
with the iicence ·of the owrier of the copyright in the work, been 
previously made in Saint Lucia or imported into Saint Lucia, 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' 
firs.t authorised manufacture in; or importation into, Saint Lucia 0 
slich records, and without first obtaining a licence from the owner 
of the copyright in the work, make or authorise the making of 
records of it provided that -
Ca) the person intends to sell the records by retail, or to supply 
them for the purpose of being sold by retail by another 
person, or intends to use them for making other records 
which are to be so sold or supplied; 
Cb) the person pays royalties calculated at the prescribed 
rates; 
Cc) complies with such conditions relating to notice, method 
and time of payment, administration of royalties paid and 
other matters, as may be prescribed; and 
(cl) the person who makes or authorises the m"aking of records 
pursuant to this subsection shall not make or authorise the 
making of any alterations in, or omissions from the work, 
unless records of that work containing similar alterations 
and omissions have been previously made by, or with the 
licence of, the owner of the copyright or unless such 
alterations and omission are reasonably necessary for the 
adaptation of the work to the record in question. 
(5) Where a literary, dramatic, musical o.r artistic work or film 
or sound recording is broadcast from a place within Saint Lucia or 
another country with the licence of the copyright owner; any person 
may, without obtaining the licence of the copyright owner incorpo­
rate (by means of the reception of the broadca~t) the work ina cable 
programme service -Simultaneous 
transmission by cable 
of broadcast. IP/N/1/LCA/C/l 
Page 62 
Reading or recitation 
in public. 
Representation of 
artistic works on 
pubHc display. Provided that -
(a) the transmission by the cable service takes place simulta­
neously with the reception of the broadcast; 
(b) the programme in which the literary, dramatic, musical or 
artistic work or film or sound recording is incorporated, 
is transmitted without any alteration of any kind; and 
(c) the copyright owner shall be entitled to receive from the 
person providing the cable programme service, equitable 
remuneration in respect of the transmission, to be fixed in 
default of agreement, by the High Court, 
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 pro­
gramme as broadcast; and the term "material" includes a 
commercial advertisement. 
80.-(1) The reading or recitation in public of any reasonable 
extract from a published literary or dramatic work is not an 
infringement of copyright in the work, if accompanied by a 
sufficient acknowledgement. 
(2) Copyright in a work is not infringed by the making of a sound 
recording, or the broadcasting or inclusion in a cable programme 
service ofa reading or recitation which, by virtue of subsection (1), 
does not infringe copyright in the work, provided that the recording, 
broadcast or cable programme consists mainly of material in 
relation to which it is not necessary to rely on that subsection. 
81.-(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. (3) The copyright in such a work is not infringed by the issue to 
the public of copies, or the broadcasting or inclusion in a cable 
programme service, of anything whose making was, by virtue of 
this section, not an infringement of copyright. IP/N/IILCA/C/l 
Page 63 
82. Anything done for the purposes of reconstructing a building Reconstruction of 
does not infringe any copyright in the building or in any drawings buildings. 
or plans in accordance with which the building was, by or with the 
licence of the copyright owner, constructed. 
83. Where the author of an artistic work is not the copyright Subsequent work by 
owner, he does not infringe the copyright in the work by copying same artist. 
it in making another artistic work, provided he does not repeat or 
imitate the main design of the earlier work. 
Miscellaneous Exceptions Respecting Broadcasts 
84. Copyright is not infringed by the making or use by a Recording 
prescribed broadcasting organisation for the purpose of maintain- broadcasts fOi 
. . . d 1 f d' f programme mg superViSion an contro over programmes, 0 recor mgs 0 supervision. 
those programmes. 
85. The making for private and domestic use of a recording of a 
broadcast or cable programme solely for the purpose of enabling it 
to be viewed or listened to at a more convenient time does not 
infringe any copyright in the broadcast or cable programme or in 
any work included in it. 
86.-(1) A designated body may, for the purpose of providing 
people who are deaf or hard of hearing, or physically or mentally 
handica pped in other ways, copies which are sub-titled or otherwise 
modified for their special needs, make copies of television broad­
casts or cable programmes and issue copies to the public, without 
infringing any copyright in the broadcasts or cable programmes or 
works included in them. 
(2) A "designated body" means a body designated for the 
purposes of this section by order of the Minister, who shall not 
designate a body unless he is satisfied that it is not established or 
conducted for profit. Recording for 
purposes of time 
shifting. 
PrOy ision of subtitled 
copies of broadcast 
or cable programme. IP/N/I/LCA/CIl 
Page 64 
Adaptations. 
Power of Minister to 
prescribe exceptions 
to infringement. 
Jurisdiction of High 
Court. Adaptations 
87. An act which by virtue of this Part may be done without 
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. 
Prescribed Exceptions 
88.-(1) The Minister may, by order, provide that the 
copyright in a work, or in works within a category, specified in the 
order is not infringed where in relation to such work, or works, such 
acts as are specified in the order are done in certain circumstances 
specified in the order. 
(2) An order made under subsection (1) may-
(a) contain such consequential, supplemental or ancillary 
provisions as appear to the Minister to be necessary or 
expedient for the purpose of giving due effect to the order; 
(b) subject to section 104, prescribe the amount, or the 
formula by which the amount shall be calculated, which 
shall be paid by way of equita'ble remuneration to the 
owner of the copyright in any work to which the order 
relates. 
(3) No order may be made under this section unless the Minister 
is satisfied -
(a) that the acts specified are to be done in the public interest 
in connection with an event of national importance, and 
(b) that the effect of the order would not contravene any 
convention relating to copyright to which Saint Lucia is 
a party. . 
PART VII 
COPYRIGHT LICENS~G 
Licensing schemes and licensing bodies 
89. Subject to this Act the High Court shall havejurisdiction-. 
(a) to determine any dispute which may be referred to it 
pursuant to any provision of this Part; (b) to fix the amount of equitable remuneration orcompensa­
tion which by any provision of this Act is required to be 
fixed by the High Court, in any case where there has been 
no agreement between a person and the owner of the 
copyright as to the amount of remuneration or com­
pensation payable in respect of the use of the work or 
performance; 
(c) to grant consent on behalf of a performer pursuant to 
section 137. 
90.-(1) The procedure regulating the making cif references and 
applications to the High Court and proceedings before the High 
Court arising out of the jurisdiction conferred on the High Court by 
this Part, and as to the fees chargeable in respect of those proceed­
ings shall be prescribed by rules of court. 
(2) The High Court may order that the costs or expenses of any 
proceedings before it under this Part which are incurred by any party 
shall be paid by any other party and may tax or settle the amount of 
any costs or expenses to be paid under any such order or direct in 
what manner they are to be taxed. 
(3) Where-
(a) the High Court makes an order by way of determination 
of a dispute referred to it pursuant to this Part, the High 
Court may, in its discretion, direct that the order shall 
have effect retroactively to such date as the Court speci­
fies; but no order shall have effect from a date prior to the 
date on which the dispute was formally referred to the 
High Court; . 
(b) the High Court fixes anamount of equitable remuneration 
or compensation pursuant to paragraph Oi) of section 89, 
the Court may also give directions as to the method and 
time of payment and may stipulate such ot_her conditions 
of payment as it considers reasonable. IP/N/lILCAIC/l 
Page 65 
Procedure in 
proceedings before 
High Court. 
91.-(1) For the purposes of this Act-· Licensing schemes 
and licensing bodies. (a) "copyright licence" means a licence todo, or authorise the 
doing of, any of the acts restricted by copyright in relation 
to works of more than one author; 
(b) "licensing body" means a society or other organisation 
which has as its main object, orone of its main objects, the IPINI1 ILCAICll 
Page 66 
negotiation or granting, either as owner or prospective 
owner of copyright or as agent for him, of copyright 
licences, and whose objects include the granting of 
licences covering works of more than one author; 
(c) "licensing scheme" means a scheme operated by a 
licensin~; body setting out -' 
(i) the classes of case in which the licensing body, or 
the persons on whose behalf it acts, is willing to 
grant copyright licenses; and 
Cii) the terms on which licenses would be granted in 
those classes of case, 
and for this purpose a "scheme" includes anything in the 
nature of a scheme, whether described as a scheme or as 
a tariff or by any other name; 
(2) References in this Part to licences or licensing schemes 
covering works of more than one author do not include licences or 
schemes covering only-
(a) a single collective work or collective works of which the 
authors are the same, or 
Cb) works made by, orby employees of or commissioned by, 
a single individual, firm, company or group of 
companies. 
References and applications with respect to licensing schemes 
Licensingschemesto 92. Sections 93 to 98 (references and applications with respect 
which ss. 93 to 98 to licensing schemes) apply to -
apply. 
Ca) licensing schemes in relation to the copyright in literary, 
dramatic, musical or artistic works or films (or film 
sound-tracks when accompanying a film) which cover 
works of more than one author, so far as they relate to 
licences for -
(i) copying the work; 
(ii) performing, playing or showing the work in public; 
or 
(Hi) broadcasting the work or including it in a cable 
programme service; 
(b) licensing schemes in relation to the copyright in sound 
recordings (other than film sound-tracks when accom-panying a film), broadcasts or cable programmes, or the 
typographical arrangement of published editions; and 
(c) 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; 
and in those sections "licensing scheme" means a licensing 
scheme of any of those descriptions. 
93.-(1) The terms of a licensing scheme proposed to be oper­
ated by a licensing body may be referred to the High Court by an 
organisa tion 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 Court shall first decide whether to entertain the refer­
ence, and may decline to do so on the ground that the reference is 
premature. 
(3) If the Court decides to entertain the reference it shall consider 
the matter referred and make such order, either confirming or 
varying the proposed scheme, either generally or so far as it relates 
to cases of the description to which the reference relates, as the 
Court may determine to be reasonable in the circumstances. 
(4) The order may be made so as to be in force indefinitely or for 
such period as the Court may determine. IP/N/lILCA/C/l 
Page 67 
Reference of 
proposed licensing 
scheme to High 
Court. 
94.-(1) If while a licensing scheme is in operation a dispute Reference of 
arises between the licensing body and - licensing scheme to 
High Court. 
(a) a person claiming that he requires a licence in a case of a 
description to which the scheme applies; or 
(b) an organisation claiming to be representative of such 
persons, 
that person or organisation may refer the scheme to the High 
Court in so far as it relates to cases of that description. 
(2) A scheme which has been referred to the Court under this 
section shall remain in operation until proceedings on the reference 
are concluded. 
(3) The Court shall consider the matter in dispute and make such 
order, either confirming or varying the scheme so far as it relates to IP/NIIILCAIC/I 
Page 68 
Further referen ce to 
High Court. 
Application for grant 
of licence in 
connection with 
licensing scheme. cases of the description to which the reference relates, as the Court 
may detennine to be reasonable in the circumstances. 
(4) The order may be made so as to be in force indefinitely or for 
such period as the Court may detennine. 
95.-(1) Where the High Court has on a previous reference of a 
licensing scheme under section 93 or 94, or under this section, made 
an order with respect to the scheme, then, while the order remains 
in force-
(a) the licensing body; 
(b) a person claiming that he requires a licence in a case of the 
description to which the order applies; or 
(c) an organisation claiming to be representative of such 
persons, 
may refer the scheme again to the Court so far as it relates to 
cases of that description. 
(2) A licensing scheme shall not, except with the special leave 
of the Court, be referred again to the Court in respect of the same 
description of cases -" 
(a) within twelve months from the date of the order on the 
previous reference, or 
Cb) if the order was made so as to be in force for 15 months 
or less, until the last three months before the expiry of the 
order. 
(3) A scheme which has been referred to the Court under this 
section shall remain in operation until proceedings on the reference 
are concluded. 
(4) The Court shall consider the matter in dispute and make such 
order, either confinning, varying or further varying the scheme so 
far as it relates to cases of the description to which" the reference 
relates, as the Court may detennine to be reasonable in the 
circumstances. 
(5) The order may be made so as to be in force indefinitely or for 
such period as the Court may detennine. 
96.-(1) A person who claims, in a case covered by a licensing 
scheme, that the licensing body has refused to grant him or procure 
the grant to him of a licence in accordance with the scheme, or has 
failed to do so within a reasonable time after being asked, may apply 
to the High Court. (2) A person who claims, in a case excluded from a licensing 
scheme, that the licensing body either -
(a) has refused to grant him a licence or procure the grant to 
him of a licence, or has failed to do so within a reasonable 
time of being asked, and that in the circumstances it is 
unreasonable that a licence should not be granted; or 
(b) proposes terms for a licence which are unreasonable, 
may apply to the High Court. 
(3) A case shall be regarded as excluded from a licensing scheme 
for the purposes of subsection (2) if -
(a) the scheme provides for the grant of licences subject to 
terms excepting matters from the licence and the case falls 
within such an exception; or 
(b) the case is so similar to those in which licences are granted 
under the scheme that it is unreasonable that it should be 
dealt with in the same way. 
(4) If the Court is satisfied that the claim is well-founded, it shall 
make an order declaring that, in respect of the matters specified in 
the order, the applicant is entitled to a licence on such terms as the 
Court may determine to be applicable in accordance with the 
scheme or, as the case may be, to be reasonable in the circum­
stances. 
(5) The order may be made so as to be in force indefinitely or for 
such period as the Court may determine. 
97.-(1) Where the High Court has made an order und er section 
96 tha t a person is entitled to a licence under a licensing scheme, the 
licensing body or the original applicant may apply to the Court to 
review its order. 
(2) An application shall not be made, except with the special 
leave of the Court -
(a) within twelve months from the date of the order, or of the 
decision on a previous application under this section; or 
(b) if the order was made so as to be in fon:;e for 15 months 
or less, or as a result of the decision on a previous 
application under this section is due to expire within 15 
months oftha t decision, until the lastthree months before 
the expiry date. IP/N/l fLCA/CIl 
Page 69 
Application for 
review of order as to 
entitlement to 
licence. IPINIIILCA/C/l 
Page 70 
(3) The Court shall on an application for review confirm or vary 
its order as the Court may determine to be reasonable having regard 
to the terms applicable in accordance with the licensing scheme or, 
as the case may be, the circumstances of the case. 
Effect of order of 98.-(1) A licensing scheme which has been confinned or 
Court as to licensing varied by the High Court -
scheme. (a) under section 93 (reference of tenns of proposed scheme), 
or 
(b) under section 94 or 95 (reference of existing scheme to 
Court), 
shall be in force or, as the case may be, remain in operation so 
faras it relates to the description of the case in respect of which 
the order was made, so long as the order remains in force. 
(2) While the order is in force a person who in a case of the class 
to which the order applies-
(a) pays to the licensing body any charges payable under the 
scheme in respect of a licence covering the case in 
question or, if the amount cannot be ascertained, gives an 
undertaking to the licensing body to pay them when 
ascertained; and 
(b) complies with the other terms applicable to such a licence 
under the scheme, shall be in the same position as regards 
infringement of copyright as he had at all material times 
been the holder of a licence granted by the owner of the 
copyright in question in accordance with the scheme. 
(3) The Court may direct that the order, so far as it varies the 
amount of charges payable, has effect from a date before that on 
which it is made, but not earlier than the date on which the reference 
was made or, if later, on which the scheme came into operation. 
If such a direction is made -
Ca) any necessary repayments, or further payments, shall be 
made in respect of charges already paid; and 
(b) the reference in subsection (2) (a) to the charges payable 
under the scheme shall be construed as a reference to the 
charges so payable by virtue of the order. 
No such direction may be made where subsection (4) below 
applies. 
(4) Where the Court has made an order under section 96 (order 
as to entitlement to licence under licensing scheme) and the order remains in force, the person in whose fa vour the order is made shall, 
ifhe-
(a) pays to the licensing body any charges payable in accor­
dance with the order or, if the amount cannot be ascer­
tained, gives an undertaking to pay the charges when 
ascertained; and 
(b) complies with the other terms specified in the order, 
be in the same position as regards infringement of copyright 
as if he had at all material times been the holder of a licence 
granted by the owner of the copyright in question on the terms 
specified in the order. 
References and application with respect to individual 
licensing by licensing bodies IPINIIILCAICI 1 
Page 71 
99. Sections 100 to 103 (references and applications with Licences to which ss 
respect to licensing by licensing bodies) apply to the following 100 to 103 apply. 
descriptions of licence granted by a licensing body otherwise than 
in pursuance of a licensing scheme -
Ca) licences relating to the copyright in literary, dramatic, 
musical or artistic works or films (or film sound-tracks 
when accompanying a film) which cover works of more 
than one author, so far as they authorise -
(i) copying the works; 
(ii) performing, playing or showing the works in public; 
or 
(iii) broadcasting the works or including them in a cable 
programme service; 
(b) licences relating to the copyright in sound recordings 
(other than a film sound-track when accompanying a 
film), broadcasts orcable programmes, orthe typographi­
cal arrangements of published editions; and 
(c) licences in relation to the copyright in sound recordings, 
films or computer programs so far as they relate to the 
rental of copies to the public; 
and in those sections a «licence" means a licence of any of 
thpse descriptions. IP/N/1/LCAIC/l 
Page 72 
Reference to High 100.-(1) The terms on which a licensing body proposes to 
Court of proposed grant a licence may be referred to the High Court by the prospective 
licence. licensee. 
Reference to High 
Court of expiring 
licence. 
Application for 
review of order as to 
licence. (2) The Court shall first decide whether to entertain the refer­
ence, and may decline to do so on the ground that the reference is 
premature. 
(3) If the Court decides to entertain the reference it shall consider 
the terms of the proposed licence and make such order, either 
confirming or varying the terms, as it may determine to be reason­
able in the circumstances. 
(4) The ordermay be made so as to be in force indefinitely or for 
such'period as the Court may determine. 
101.-(1) A licensee under a licence which is due to expire, by 
affluxion oftime or as a result of notice given by the licensing body, 
may apply to the High Court on the ground that it is unreasonable 
in the circumstances that the licence should cease to be in force. 
(2) Such an application may not be made until the last three 
months before the licence is due to expire. 
(3) A licence in respect of which a reference has been made to 
the Court shall remain in operation until proceedings on the 
reference are concluded. 
(4) If the Court finds the application well-founded, it shall make 
an order declaring that the licensee shall continue to be entitled to 
the benefit of the licence on such terms as the Court may determine 
to be reasonable in the circumstances. 
(5) An order of the Court under this section may be made so as 
to be in force indefinitely or for such period as the Court may 
determine. 
102.-. (1) Where the High Court has made an order under 
section 100 or 101, the licensing body or the person entitled to the 
benefit of Jhe order may apply to the Court to review its order. 
(2) An application shall not be made, except with the special 
leave of the Court -
(Cl) within twelve months from the date of the order or ofthe 
decision on a previous application under this section; or 
(b) if the order was made so as to be in force for 15 months 
or less, or as a result of the decision on a previous application under this section is due to expire within 15 
months of that decision, until the last three months before 
the expiry date. 
(3) The Court shall on an application for review confirm or vary 
its order as the Court may determine to be reasonable in the 
circumstances. JPINIlILCAIC!l 
Page 73 
103.-(1) Where the High Court has made an order under Effect of order of 
section 100 or 101 and the order remains in force, the person entitled High Court as to 
licence. to the benefit of the order shall if he-
(a) pays to the licensing body any charges payable in accor~ 
dance with the order or, if the amount cannot be ascer~ 
tained, gives an undertaking to pay the charges when 
ascertained; and 
(b) complies with the other terms specified in the order, 
be in the same position as regards infringement of copyright 
as if he had at all material times been the holder of a licence 
granted by the owner of the copyright in question on the terms 
specified in the order. 
(2) The benefit of the order may be assigned -
(a) in the case of an order under section 100, if assignment is 
not prohibited under the terms of the Court's order; and 
(b) in the case of an order under section 100, if assignment 
was not prohibited under the terms of the original licence. 
(3) The Court may direct that an order under section 100 or 101, 
or an order under section 102 varying such an order, so far as it 
varies the amount of charges payable, has effect from a date before 
that on which it is made, but not earlier than the date on which the 
reference or application was made or, if later, on which the licence 
was granted or, as the case may be, was due to expire. 
If such a direction is rnade -
(a) any necessary repayments, or further payments, shall be 
made in respect of charges already paid; and 
Cb) the reference in subsection (1) Ca) to the charges payable 
in accordance with the order shall be construed, where the 
order is varied by a later order, as a reference to the charges 
so payable by virtue of the later order. IP/NIJ ILCAICII 
Page 74 
General 
consideration: 
unreasonable 
discrimination 
Licences for 
reprographic 
copying. 
Licences for 
educational 
establishments in 
respect of works 
included in 
broadcasts or cable 
programmes. 
Licences to reflect 
conditions imposed 
by promoters events. Factors to be taken into account in certain classes of case 
104. In determining what is reasonable on a reference or appli­
cation under this Part relating to a licensing scheme or licence, the 
High Court shall have regard to -
(a) the availlbility of other schemes, or the granting of other 
licences, to other persons in similar circumstances; and 
(b) the terms of those schemes or licences, 
and shall exercise its powers so as to secure that there is no 
unreasonable discrimination between licences, or prospective 
licensees, under the scheme or licence to which the reference 
or application relates and licensees under other schemes 
operated by, or other licences granted by, the same person. 
105. Where a reference or application is made to the High Court 
under this Part relating to the licensing ofreprographic copying of 
published literary, dramatic, musical or artistic works, or the 
typographical arrangement of published editions, the Court shall 
have regard to -
(a) the extent to which published editions of the works in 
question are otherwise available; 
(b) the proportion of the work to be copied; and 
(c) the nature of the use to which the copies are likely to be 
put. 
106.-(1) This section applies to references or applications 
under this Part relating to licences for the recording by or on behalf 
of educational establishments of broadcasts or cable programmes 
which include copyright works, or the making copies of such 
recordings, for educational purposes. 
(2) The High Court shall, in considering what charges (if any) 
should be paid for a licence, have regard to the extent to which the 
owners of copyright in the works included in the broadcast or cable 
programme have already received, or are entitled to receive, pay­
ment in respect of their inclusion. 
107.-(1) This section applies to references or applications 
under this Part in respect of licences relating to sound recordings, 
films, broadcasts or cable programmes which include, or are to 
include, any entertainment or other event. (2) The High Court shall have regard to any conditions imposed 
by the promoters of the entertainment or other event; and, in 
particular, the Court shall not hold a refusal or failure to grant a 
licence to be unreasonable if it could not have been granted 
consistently with those conditions. 
(3) Nothing in this section shall require the Court to have regard 
to any such conditions in so far as they -
(a) purport to regulate the charges to be imposed in respect of 
the grant of licences; or 
(b) relate to payments to be made to the promoters of any 
event in consideration of the grant offacilities for making 
the recording, film, broadcast or cable programme. ' 
108.-(1) In considering what charges should be paid for a 
licence on a reference or application under this Part relating to 
licences for the rental to the public of copies of sound recordings, 
films, or compu ter programs, the High Court shall take into account 
any reasonable payments which the owner of the copyright in the 
sound recording, film or computer program is liable to make in 
consequence of the granting of the licence, or ofthe acts authorised 
by the licence, to owners of copyright in works included in that 
work. 
(2) On any reference or application under this Part relating to 
licensing in respect of the copyright in sound recordings, films, 
broadcasts or cable programmes, the High Court shall take into 
account, in considering what charges should be paid for a licence, 
any reasonable payments which the copyright owner is liable to 
make in consequence of the granting of the licence, or of the acts 
authorised by the licence, in respect of any performance incl uded in 
the recording, film, broadcast or cable program. 
109. The mention in sections 104 to 108 of the specific matters 
to which the High Court is to have regard in certain classes of case 
does not affect the Court's general obligation in any case to have 
regard to all relevant considerations. 
PART VIII 
RIGHTS IN PERFORMANCES IPINIl/LCAICIl 
Page 75 
Licences to reflect 
payments in respect 
of underlying rights. 
Mention of the 
specific matters not 
to exclude relevant 
considerations. 
110.-(1) By virtue of, and subject to the provisions of this Part, Conferment of rights 
rights c:-e conferred on - in performance. IP/NIl/LCA/C/l 
Page 76 
Consent required for 
recording or Jive 
transmission of 
performance. 
Infringement of 
performer's rights by 
use of recordipg 
made without 
consent. (a) a performer, requiring his consent to the exploitation of 
his performance; und 
(b) a person ha ving recording rights in relation to a perfor­
mance, in respect of recordings made without his consent 
or that of the performer. 
(2) The right conferred by this Part are independent of-
Ca) any copyright in, or nioral rights relating to, any work 
used or performed in the performance; and 
(b) any other right or obligation arising otherwise than under 
this Part. 
(3) The rights conferred by this Part apply in relation to perfor­
mances taking place before the commencement of this Part; but no 
act done before commencement, or in pursuance of arrangements 
made before commencement, shall be regarded as infringing those 
rights. 
Peljormer's Rights 
111.-(1) A performer's rights are infringed by a person who, 
without his consent -
Ca) makes, otherwise than for his private and domestic use, a 
recording of the whole or any substa'tltial part of a 
qualifying performance; or 
(b) broadcasts live, or includes live in a cable programme 
service, the whole of 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 .. 
112. A performer's rights are infringed by a person who, without 
his consent -
Ca) shows or plays in public the whole or any substantial part 
of a qualifying performance; or 
(b) broadcasts or incl udes in a cable programme service the 
whole orany substantial part ofa qualifying performance, by means of a recording which was, and which that person 
knows or has reason to believe was, made without the 
performer's consent. 
113.-(1) A performer's rights are infringed by a person who, 
without his consent and payment of royalty at the prescribed rate, 
uses an original recording of a qualifying performance (whether 
authorised or not) for the purpose of making an adaptation of the 
recording. 
(2) In subsection (2) "an adaptation of the recording" means a 
recording in which the performance is accompanied by lyrics or 
music not contained in the original recording. 
114.-(1) A performer's rights are infringed by a person who, 
without his consent-
(a) imports into Saint Lucia otherwise than for his private and 
domestic use; or 
(b) in the course of a business possesses, sells or lets for hire, 
offers for sale or hire, or distributes, 
a recording of a qualifying performance which is, and which 
that person knows or has reason to believe is, an illicit 
recording. 
(2) Where in an action for infringement of a performer's rights 
brought by virtue of this section a defendant shows that the illicit 
recording was innocently acquired by him or a predecessor in title 
of his, the only remedy available against him in respect of the 
infringement is damages not exceeding a reasonable payment in 
respect of the act complained of. 
(3) In subsection (2) "innocently acquired" means that the 
person acquiring the recording did not know and had no reason to 
believe that it was an illicit recording. 
Rights of Person having Recording Rights 
115.-(1) A person infringes the rights of a person having 
recording rights in relation to a performance who, without his 
consent or that of the performer, makes a recording of the whole or 
any substantial part of the performance, otherwise than for his 
private and domestic use. IPIN/l/LCA/CIl 
Page 77 
Consent and royalty 
required for 
adaptation of 
recording. 
Infringement of 
performer's rights by 
importing, 
possessing, etc illicit 
recording. 
Consent required of 
performance subject 
to exclusive contract. IP/N/I/LCAIC/1 
Page 78 
Infringement of 
recording rights by 
use of recording 
made without 
consent. 
Infringement of 
recording rights by 
importing. 
possessing illicit 
recording. (2) In an action for infringement of those rights brought by 
virtue of this section damages shall not be awarded against a 
defendant who shows that at the time of the infringement he 
believed on reasonable grounds that consent had been given. 
116.-(1) A p~rson infringes the rights of a person having 
recording rights in relation to a performance who, without his 
consent or, in the case of a qualifying performance, that of the 
performer-
(a) shows or plays in public the whole or any substantial part 
of the performance; or 
(b) broadcasts or includes in a cable programme service the 
whole orany substantial part ofthe performance bymeans 
of a recording which was, and which that person knows or 
has reason to believe was, made without the appropriate 
consent. 
(2) The reference in subsection (1) to "the appropriate consent" 
is to the consent of -
(a) the performer; or 
(b) the person who at the time the consent was given had 
recording rights in relation to the performance (or, if there 
was more than one such person, of all of them). 
117.-(1) A person infringes the rights of a person having rights 
in relation to a performance, who, without his consent or, in the case 
of a qualifying performance, that of the performer-
(a) imports into Saint Lucia otherwise than for his private and 
domestic use; or 
(b) in the course of a business possesses, sells or lets for hire, 
offers or exposes for sale or hire, or distributes, 
a recording of the performance which is, and which that 
person knows or has reason to believe is, an illicit recording. 
(2) Where in an action for infringement of those rights brought 
by virtue of this section a defendant shows tha t the illicit recording 
was innocently acquired by him or a predecessor in title of his, the 
only remedy available against him in respect of the infringement is 
damages not exceeding a reasonable payment in respect of the act 
compl~ined of. 
(3) In subsection (2) "innocently acquired" means that the 
person acquiring the recording did not know and had no reason to 
believe that it was an illicit recording. Duration and Transmission of Rights in Pelformances; Consent IP/NIlILCAICI 1 
Page 79 
118. The rights conferred by this Part subsist until the expiry of Duration of rights in 
fifty years from the end of the calendar year in which the performances. 
performance takes place. 
119.-(1) The rights conferred by this Part are not assignable 
or transmissible, except to the extent that performers' rights are 
transmissible as provided in this section. . 
(2) On the death of a person entitled to performer's rights -
(a) the rights pass to such person as he may by testamentary 
disposition specifically direct; and 
(b) if, or to the extent that, there is no such direction, the rights 
are exercisable by his personal representative; and refer­
ences 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. 
(3) Where by virtue of paragraph (a) of subsection (2) a right 
becomes exercisable by more than one person, it is exercisable by 
each of them independently of the other or others. 
(4) Subsections (1), (2) and (3) are without prejudice to any 
rights conferred by this Part on a person to whom the benefit of a 
contract or licence is assigned. 
(5) Any damages recovered by personal representatives by 
virtue of this section in respect of an infringement after a person's 
death shall devolve as part of his estate as if the right of action had 
subsisted and been vested in him immediately before his death. 
120.-(1) Consent for the purpose of this Part may be given in 
relation to a specific performance, a specified description of perfor­
mances, or performances generally, and may relate to past or future 
performances. 
(2) A person having recording rights in a perfom1ance is bound 
by any consent given by a person through whom he derives his 
rights under the exclusive recording contract or licence in question, 
in the same way as if the consent had been given by him. 
(3) Where a right conferred by this Part passes to another person, 
any consent binding on the person previously entitled binds the 
person to whom the right passes in the same way as if the consent 
had bef-!1 given by him. Transmission of 
rights in 
performances. 
Consent. IPlNllILCAIC/l 
Page 80 
Remedies for Infringement of Rights in Performances 
Infringement 121. An infringement of any of the rights conferred by this Part 
actionable as breach is actionable by the person entitled to the right as a breach of of statutory duty. statutory duty. 
Order for delivery up 
of illicit recording in 
court. 122.-(1) Where a person has in his possession, custody or 
control in the course of a business an illicit recording of a perfor­
mance, a person having performer's rights or recording rights under 
this Part in relation to the performance may apply to the court for 
an order that the recording be delivered up to him or to such other 
person as the court may direct. 
(2) An application shall not be made after the end of the period 
specified in section 139; 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 138. 
(3) A person to whom a recording is delivered up in pursuance 
of an order under this section shall, if an order under section 138 is 
not made, retain it pending the making of an order, or the decision 
not to make an order, under that section. 
(4) Nothing in this section affects any other power of the court. 
Rights to seize illicit 123.-(1) Subject to any decision ofthe court under section 138 
recordings. and to the conditions specified in subsections (2). (3) and (4), an 
illicit recording of a performance which is found exposed or 
otherwise immediately available for sale or hire, and in respect of 
which a person would be entitled to apply for an order under section 
138 may be seized and detained by him or a person authorised by 
him. 
(2) Before anything is seized under this section notice of the 
time and place of the proposed seizure must be given to a local 
police station. 
(3) At the time when anything is seized under this section there 
shall be left at the place where it was seized a notice in the prescribed 
form containing the prescribed particulars as to the person by whom 
or on whose authority the seizure is made and the grounds on which 
it is made. 
(4) In this section "premises" includes land, buildings, fixed or 
movable structures, vehicles, vessels, and aircraft. Offences in Relation to Performances IP/NIIILCAIC/1 
Page 81 
124.-(1) A person commits an offence who without sufficient CriminalliabiHty for 
consent - making dealing with 
or using illicit 
(a) makes for sale or hire; recordings. 
(b) imports into Saint Lucia otherwise than for his private and 
domestic use; 
(c) possesses in the course of a business with a view to 
committing any act infringing the rights conferred by this 
Part; 
(d) in the course of a business -
(i) sells or lets for hire; 
(ii) offers or exposes for sale or hire; or 
(iii) distributes, 
a recording which is, and which he knows or has reason 
to believe is, an illicit recording. 
(2) A person commits an offence who causes a recording of a 
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, the consent of the 
performer, and 
(b) in the case of a non-qualifying performance subject to an 
exclusive recording contract-
(i) for the purpose of paragraph (a) of subsection (1), 
the consent of the performer or the person having 
recording rights; and 
(ii) for the purposes of paragraphs (b), (c) and (d) of 
subsection (1) and subsection (2), the consent of the 
person having recording rights. 
(4) References in this subsection 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. -IPIN/l/LCA/C/l 
Page 82 
Order for del ivery up 
of illicit recording in 
criminal 
proceedings. 
False representation 
of authority to give 
consent. (5) No offence is committed under subsection (1) of (2) by the 
commission of an act which, by virtue of any provision of this Part, 
may be done without infringing the rights conferred by this Part. 
(6) Apersonguilty of an offence under paragraphs (a), (b) or(d) 
(iii) of subsection (1) is liable -
(a) on summary conviction to a fine not exceeding $2,500 
dollars and to imprisonment for a term not exceeding ten 
months; 
Cb) on conviction on indictment to a fine not exceeding 
$50,000 or to imprisonment for a term not exceeding five 
years, or to both such fine and imprisonment. 
(7) A person guilty of any other offence under this section is 
liable on summary conviction to a fine not exceeding $1,000 and to 
imprisonment for a term not exceeding six months or to both such 
fine and imprisonment. 
125.-(1) The court before which proceedings are brought 
against a person for an offence under section 124 may, if satisfied 
that at the time of his arrest or charge he had in his possession, 
custod y 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 139; or 
(b) if it appears to the court unlikely that any order will be 
made under section 138. 
(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 138. 
126.-(1) It is an offence for a person to represent falsely that 
he is authorised by any person to give consent for the purposes of 
this Part in relation to a performance, unless he believes on 
reasonable grounds that he is authorised. (2) A person guilty of an offence under this section is liable on 
summary conviction to a fine not exceeding $2,500 or to imprison­
ment for a term not exceeding twelve months or to both such fine 
and imprisonment. 
Exceptions to Infringement of Rights Conferred under this Part 
127. Fair dealing with a performance or recording-
(a) for the purpose of criticism or review, of that or another 
performance or recording, or of a work; or 
(b) for the purpose of reporting current events, 
does not infringe any of the rights conferred by this Part, and 
the provisions of section 58 shall, with the necessary modifi­
cations, apply in determining whether ornot an act constitutes 
fair dealing. 
128. The rights conferred by this Part are not infringed -
Ca) by the incidental inclusion of performance or recording in 
a sound recording, film, broadcast or cable programme; 
(b) by anything done in relation to copies of, or the playing, 
broadcasting or inclusion in a cable programme service of 
anything whose making was by virtue of paragraph (a), 
not an infringement; and for the purpose of this section, 
a performance or recording so far as it consists of music, 
or words spoken or sung with music, shall not be regarded 
as incidentally included in a sound recording, broadcast 
or cable programme if it is deliberately included. IPIN/l/LCA/C/1 
Page 83 
Fair dealing for 
criticism, etc. 
Incidental inclusion 
of performance or 
recording. 
129.-(1) The rights conferred by this Part are not infringed by Acts done to 
h . f d' f f 'h f recordingof t e copymg 0 a recor mg 0 a per ormance ill t e course 0 performance for 
instruction, in ~he making offilms or film soundtracks, provided the purposes of , 'd b ' , ," , instruction, etc. copymg IS one y a person glvmg or recelvmg mstructlOn. 
(2) The rights conferred by this Part are not infringed -
(a) by the copying of a recording of a performance for the 
purposes of setting or answering the questions in an 
examina tion;' 6r . . 
(b) by anything done for the purposes of an examination by 
way of communica,ting the questions to the candidates, IPlN/l/LCAICIl 
Page 84 
Recording of 
broadcasts and cable 
programmes by 
educational 
establishments. 
Acts done to 
performance or 
recording for 
Parliamentaryetc. 
Transfer of recording 
of performance in 
electronic form. (3) Where a recording which would otherwise be an illicit 
recording is made in accordance with this section but is subse­
quently dealt with, it shall be treated as an illicit recording for the 
purposes of that dealing, and if that dealing infringes any right 
conferred by this Part for all subsequent purposes. 
(4) In subsection (3) and in section 130 (2) "dealt with" means 
sold or let for hire, or offered or exposed for sale or hire. 
130.-(1) A recording of a broadcast or cable programme, or a 
copy of such a recording, may be made by or on behalf of an edu­
cational establishment for the educational purposes of that estab­
lishment without thereby infringing any of the rights conferred by 
this Part in relation to any performance or recording included in it. 
(2) Where a recording which would otherwise be an illicit 
recording is made in accordance with this section but is subse­
quently dealt with (as defined in section 129 (4) it shall be treated 
as an illicit recording for the purpose of that dealing and if that 
dealing infringes any right conferred by this Part for all subsequent 
purposes. 
131. The rights conferred by this Part are not infringed by 
anything done for the purpose of-
Ca) parliamentary or judicial proceedings or the reporting 
proceedings, of such proceedings; or 
(b) the proceedings of a statutory inquiry or the reporting of 
such proceedings held in public. 
132.-(1) Where a recording of a performance in electronic 
form has been purchased on terms which, expressly or impliedly or 
by virtue of any rule of law, allows the purchaser to make further 
recordings in connection with his use of the recording, then, in the 
absence of any express terms-
Ca) prohibiting the transfer of the recording by the purchaser, 
imposing obligations which continue after a transfer, 
prohibiting the assignment of any consent or terminating 
any consent on a transfer; or 
(b) providing for the terms on which a transferee may do the 
things which the purchaser was permitted to do, 
anything which the purchaser was allowed to do may also be done 
by a transferee without infringement of the rights conferred by this Part, but any recording made by the purchaser which is not also 
transferred shall be treated as an illicit recording for all purposes 
after the transfer. 
(2) Subsection (1) also applies where the original purchased 
recording is no longer usable and what is transferred is a further 
copy used in its place. 
(3) This section also applies on a subsequent transfer, with the 
substitution for references in subsection (1) to the purchaser by 
references to the subsequent transferor. 
(4) This section does not apply in relation to a recording 
purchased before the commencement of this Act. IPINllILCAIC/I 
Page 85 
133.-(1) Where a recording of the reading or recitation of a Use of recordings of 
literary work is made for the purpose - spoken works. 
(a) of reporting current events; or 
(b) of broadcasting or including in a cable programme service 
the whole or part of the reading or recitation, 
it is not an infringement of the rights conferred by this Part to 
use the recording (or to copy the recording and use the copy) 
for that purpose, provided the following conditions specified 
in subsection (2) are met. 
(2) The conditions referred to in subsection (1) are that-
(a) the recording is a direct recording of the reading or 
recitation and is not taken from a previous recording or 
from a broadcast or cable 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 prohibited 
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. 
134.-(1) Subject to subsection (2), a person who proposes to 
broadcast a recording of a performance, or include a recording of a 
perfonnance in a cable programme service in circumstances not 
infringing the rights conferred by this Part shall be treated as having 
consent for the purpose of this Part for the making of a further 
recording for the purposes of the broadcast or cable programme. Incidental recording 
for purposes of 
broadcast or cable 
programme. IPINIlILCAIC/1 
Page 86 
Recordings for 
supervision and 
control of 
programmes 
permitted. 
Order excepting acts 
from infringing rights 
under this Part. (2) The consent given under subsection (1) is subject to the 
condition that the further recording -
(a) shall not be used for any other purposes; and 
(b) shall be destroyed within twenty-eight days of being first 
used for broadcasting the performance or including it in 
a cable programme service. 
(3) A recording made in accordance with this paragraph shall 
be treated as an illicit recording-
(a) for the purposes of any use in breach of the condition 
mentioned in paragraph (a) of subsection (2); and 
(b) for all purposes after that condition or the condition 
mentioned in paragraph (b) of subsection (2) is breached. 
135. The rights conferred by this Part are not infringed by the 
making or use by a prescribed broadcasting organisation for the 
purpose of maintaining supervision and control over programmes 
broadcast by that organisation, ofrecordings of those programmes. 
136.-(1) The Mhister may, by order, provide that the rights 
conferred by this Part in relation to a performance specified in the 
order are not infringed by the doing of such acts as are specified in 
the order in the circumstances therein specified. 
(2) An order made under subsection (1) may-
(a) contain consequential, supplemental or ancillary provi­
sions as appear to the Minister to be necessary or expedi­
ent for the purpose of giving due effect to the order; 
(b) prescribe the amount, or the formula by which the amount 
shall be calculated, which shall be paid by way of equi­
table remuneration to the performer or other person 
whose rights under this Part are affected by the order. 
(3) No order may be made under this section unless the Minister 
is satisfied -
(a) that the acts specified are to be done in connection with an 
event of national importance, and 
(b) that the effect of the order would not contravene any 
convention relating to rights in respect of performances to 
which Saint Lucia is a party. 137.-(1) SUbject to the provisions of this section, the High 
Court may, on the application of a person who wishes to make a 
recording from a previous recording of a performance, give consent 
in a case where -
(a) the identity or whereabouts of a performer cannot be 
ascertained by reasonable inquiry; or 
(b) a performer unreasonably withholds his consent. 
(2) Consent given by the Court has effect as Gonsent of the 
performer for the purpose of-
(a) the provisions of this Part relating to performers' rights; 
and 
(b) paragraph (a) of subsection (3) of section 124, 
and may be given subject to such conditions as the Court may 
specify in the order. 
(3) The Court shall not give consent under paragraph (a) of 
subsection (1) except after the service or publication of such notices 
as may be required by rules made under section 90 or as the Court 
may in any particular case direct. 
(4) The Court shall not give consent under paragraph (b) of 
subsection (1) unless it is satisfied that the performer's reasons for 
withholding consent do not include the protection of any legitimate 
interest of his; but it shall be for the performer to show what his 
reasons are for withholding consent, and in default of evidence as 
to his reasons the Court may draw such inferences is it thinks fit. 
(5) In any case the Court shall take into account the following 
factors·-
(a) whether the original recording was made with the 
performer's consent and is lawfully in the possession or 
control of the person proposing to make the further 
recording; 
(b) whether the making of the further recording is consistent 
with the obligations of the parties to· the arrangements 
under which, or is otherwise consistent with the purposes 
for which, the original recording was made. 
(6) Where the Court gives consent under this section it shall, in 
defa ult of agreement between the applicant and the performer, make 
such order as it thinks fit as to the payment to be made to the 
performer in consideration of consent being given. IP/N/lILCAICIl 
Page 87 
Court may consent on 
behalf of performer. IP/N/l/LCA/CIl 
Page 88 
Order for disposal of 
infringing copy or 
illicit recording. PART IX 
GENERAL 
Supplementary provisions 
138.-(1) An application may be made to the High Court for an 
order that-
(a) an infringing copy or article delivered up in pursuance of 
an order under section 37 or 54 or seized and detained in 
pursuant of the right conferred by section 38 shall be -
(i) forfeited to the copyright owner; or 
(H) destroyed or otherwise dealt with as the Court may 
direct, 
(b) an illicit recording of a performance delivered up in 
pursuance of an order under section 122 or 125, or seized 
and detained in pursuance of the right conferred by 
section 123 shall be -
(i) forfeited to such person ha ving performer's rights or 
recording righ ts in rela tion to the performance as the 
Court may direct; or 
(ii) destre yed or otherwise dealt with as the Court thinks 
fit, 
or for a decision that no such order should be made. 
(2) In considering what order (if any) should be made, the Court 
shall consider the following -
(a) where the infringement relates to copyright in a work, 
whether other remedies a vailable in an action for infringe­
ment of copyright would be adequate to compensate the 
copyright owner and to protect his interests; 
(b) where the infringement relates to rights conferred under 
Part VIII, whether other remedies available in an action 
for infringement of those rights w0uld be adequate to 
compensate the person or persons entitled to the rights 
and to protect their interests. 
(3) Provision shall be made by rules of Court as to the service of 
notice on persons having an interest in the copy or other articles or 
the recording, as the case may be, and any such person is entitled -
(a) to appear in proceedings for an order under this section; (b) to appeal against any order made, whether or not he 
appeared, 
and an order shall not take effect until the end of the period 
within which notice of an appeal may be given or, ifbefore the 
end of that period notice of appeal is duly given, until the final 
determination or abandonment of the proceedings on the 
appeal. 
(4) Where there is more than one person interested in a copy or 
other article, or as the case may be, a recording, the Court shall make 
such order as it thinks just and may (in particular) direct that such 
copy, article or recording be sold, otherwise dealt with, and the 
proceeds divided. 
(5) If the Court decides that no order should be made under this 
section, the person in whose possession, custody or control the copy 
or article or, as the case may be, the recording was before being 
delivered up or seized is entitled to its return. 
(6) References in this section to a person having an interest in a 
copy or other article or a recording include any person in whose 
favour an order could be made in respect of the copy, article or, as 
the case may be, recording under this section. 
139.-(1) An application for an order under section 37 or 122 
may not be made after the end ofthe period of six years from the date 
on which the infringing copy or article or, as the case may be, the 
illicit recording in question was made, subject to the following 
provisions. 
(2) If during the whole or any part of that period a person entitled 
to apply for an order -
(a) is under a disability; or 
(b) is prevented by fraud or concealment from discovering 
the facts entitling him to apply, 
an application may be made by him at any time before the end 
of the period of six years from the date on which he ceased to 
be under a disability or, as the case may be, could with 
reasonable diligence have discovered those facts. 
(3) An order under section 37 or 122 shall not, in any case, be 
made after end of the period of six years from the date on which the 
infringing copy or article or, as the case may be, the illicit recording 
in question was made. IP/N/1/LCAICIl 
Page 89 
Period after which 
remedy of delivery 
up not available. IPfNl1 ILCA/CIl 
Page 90 
Time limited for 
prosecution. 
Powers of police 
officers. ·140. No prosecution for an offence under this Act shall be 
commenced after the expiration of five years after the commission 
of the offence or one year after the discovery thereof, whichever 
date last occurs. 
141.-(1) Any police officer not below the rank of Inspec­
tor may -
(a) subject to section 142, enter and search any premises or 
place; 
(b) stop, board and search any vessel (other than a ship ofwar) 
or any aircraft (other than a military aircraft); or 
Cc) stop and search any vehicle, 
in which he reasonably suspects that there is an infringing 
copy of a work or an illicit recording or any article used or 
intended to be used for making infringing copies or illicit 
recordings; and 
(d) seize, remove or detain-
(i) any article which appears to him to be an infringing 
copy or an illicit recording or any article which 
appears to him to be intended for use for making 
such copies or recordings; and 
(ii) anything which appears to him to be or to contain, 
or to be likely to be or to contain, evidence of an 
offence under this Act. 
(2) Any police officer not below the rank of Inspector may -
(a) break open any outer or inner door of any place which he 
is empowered or authorised by this Act to enter and 
search; 
(b) forcibly board any vessel, aircraft or vehicle which he is 
empowered by this Act to stop, board and search; 
(c) remove by force any person or thing obstructing him in 
the exercise of any power conferred on him by this Act; 
(d) detain any person found in any place which he is empow­
ered or authorised by this Act to search until such place 
has been searched; 
(e) detain any vessel or aircraft which he is empowered by 
this Act to stop, board and search, and prevent any person 
from approaching or boarding such vessel or aircraft until 
it has been searched; if) detain any vehicle which he is empowered by this Act to 
stop and search until it has been searched. IPINllILCAICII 
Page 91 
142.-(1) No domestic premises shall be entered and searched Restrictions on the 
by a police officer unless a magistrate has issued a warrant under entry and search of 
subsection (2). domestic premises. 
(2) A Magistrate may, if he is satisfied by information on Oath 
that there is reasonable ground for suspecting that there is in any 
domestic premises any article which may be seized, removed or 
detained under any provision of this Act, issue a warrant authorising 
a police officer not below the rank of Inspector to enter and search 
the premises. 
(3) A police officer not below the rank of Inspector authorised 
under subsection (2) to enter and search any premises may call upon 
any police officer to assist him in entering and searching the 
premises. 
(4) In this section "domestic premises" means any premises or 
any part thereof, used exclusively or mainly as a dwelling. 
143.-(1) Without prejudice to any other written law, any 
person who-
(a) wilfully obstructs a member of the police force in the 
exercise of his powers or the performance of his duties 
under this Act; 
(b) wilfully fails to comply with any requirement properly 
made to him by any such member of the police force; or 
(c) without reasonable excuse, fails to give such member of 
the police force any other assistance which he may 
reasonably require to be given for the purpose of exercis­
ing his powers or performing his duties under this Act, 
commits an offence and is liable on summary conviction to a 
fine not exceeding $2,500 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 himself. 
144. \Vhere an offence under any of the preceding sections of 
this Act committed by a body corporate is proved to have been 
committed with the consent or connivance or, to be attributable to 
any neg.lect on the part of, any director, manager, secretary or other Obstruction of police 
officers 
Offences by bodies 
corporate. IPIN11/LCAICII 
Page 92 
Power to make 
regulations. 
Power to apply 
provisions of Act to 
other countries. 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 accordingly. 
145. The Minister may make regulations prescribing such mat­
ters as are required or permitted by this Act to be prescribed or are 
necessary or desirable to be prescribed for giving effect to this Act. 
PART X 
INTERNATIONAL RELATIONS 
146.-(1) Subject to the provisions of subsection (3), the 
Minister may by order provide that, in relation to any country 
specified in the order, any of the provisions of this Act so specified 
shall apply-
(a) in relation to persons who, at a material time, are citizens 
or subjects of that country, as they apply in relation to 
persons who, at such a time, are citizens of Saint Lucia; 
(b) in relation to persons who, at a material time, are domi­
ciled or resident in that country, as they apply in relation 
to persons who, at such a time, are domiciled or resident 
in Saint Lucia; 
(c) in relation to literary, dramatic, musical or artistic works, 
sound recordings, films or editions first published in that 
country, as they apply in relation to literary, dramatic, 
musical or artistic works, sound recordings, films or 
editions first published in Saint Lucia; 
Cd) in relation to bodies incorporated by or under the laws of 
that country, as they apply in relation to bodies incorpo­
rated by or under the laws of Saint Lucia; 
(e) in relation to broadcasts made or cable programmes sent 
from places in that country by persons permitted or 
authorised by or under the laws of that country to make 
those broadcasts or send those cable programmes, as they 
apply in rela tion to broadcasts made or cable programmes 
sent from places in Saint Lucia by persons permitted or 
authorised by or under the laws of Saint Lucia to make 
those broadcasts or send those cable programmes; if) in relation to perfonnances which take place in, or are 
given by persons who are citizens of, or are domiciled or 
resident in, that country, as they apply to performances 
which take place in, or are given by persons who are 
citizens of, or are domiciled or resident in, Saint Lucia. 
(2) An order made under this section applying any provision of 
this Act in relation to any country other than Saint Lucia may apply 
that provision -
Ca) without exception or modification or subject to such 
exceptions and modifications as may be specified in the 
order; 
(b) generally or in relation to such classes of works or such 
other classes or cases, as may be so specified. 
(3) An order shall not be made under this section applying any 
provision of this Act in relation to any country which is not a party 
to a Convention relating to copyright or to the rights of performers 
or of the producers of phonograms to which Saint Lucia is also a 
party, unless the Minister is satisfied that in respect of the class of 
works to which those provisions relate, provision has been or will 
be made under the laws ofthat country whereby adequate protection 
will be given to owners of copyright or rights in performances 
conferred by this Act. IPINIlILCAICI 1 
Page 93 
147.-(1) Where it appears to the Minister that it is expedient International 
that the provisions ofthis section should apply to any organisation _ organisations. 
(a) of which two or more countries or the Governments of 
two or more countries are members; or 
(b) that is constituted by persons representing two or more 
countries, or representing the Governments of two or 
more countries, 
he may by order declare that organisation to be an interna­
tional organisation to which this Act applies. 
(2) Where an original literary , dramatic, musical or artistic work 
is made by or under the direction or control of an organisation to 
which this section applies in such circumstances that -
Ca) copyright would not, except by virtue of this subsection, 
subsist in the work; but 
(b) if the author of the work had been a citizen of, or 
domiciled or resident in, Saint Lucia at the time when it 
was made, copyright would have subsisted in the work IPlNlI/LCA/C/l 
Page 94 
Denial of copyright 
in performance 
or rights in 
performance. immediately after it was made and would thereupon have 
vested in the organisation, 
then, copyright shall subsist in the work as if the author had 
been a citizen of, or domiciled or resident in, Saint Lucia when 
it was made, and shall continue to subsist so long as the work 
remains unpllbJished, and the organisation shall, subject to the 
provision of this Act, be entitled to the copyright. 
(3) Where an original literary ,dramatic, musical or artistic work 
is first published by or under the direction or control of an 
organisation to which this section applies in such circumstances 
that copyright would not, except by virtue ofthis subsection, subsist 
in the work immediately after the first publication thereof, and -
(a) the work is so published in pursuance of an agreement 
with the author which does not reserve to the author the 
copyrights, if any, in the work; or 
(b) the work was made in such circumstances that, if it had 
been first published in Saint Lucia, the organisation 
would have been entitled to the copyright in the work, 
then, copyright shall subsist in the work (or, if copyright in the 
work subsisted immediately before its first publication, shall 
continue to subsist) as if it had been first published in Saint 
Lucia, and shall subsist fora period of fifty years from the end 
of the calendar year in which the work was first published, and 
the organisation shall, subject to the provision of this Act, be 
entitled to that copyright. 
(4) The provisions of Part n, except those provisions thereof 
relating to the subsistence, duration of ownership of copyright, 
shall apply in relation to copyright subsisting by virtue of this 
section as they apply in relation to copyright subsisting by virtue of 
Part lI. 
(5) An organisation to which this section applies which other­
wise 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 for holding, dealing with and enforcing copyright 
and in connection will all legal proceedings relating to copyright. 
148.-(1) If it appears to the Minister that the laws of a country 
fail to give adequate protection to Saint Lucia works or perfor­
mances or failure 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 Minister may, by order, make provision in 
relation to that country in accordance with subsection (2). 
(2) An order made for the purposes of this section may provide 
either generally or in such classes of cases as are specified in the 
order, that copyright or rights in performances shall not subsist in 
works first published, or in performances first given after, a date 
specified in the order (which may be a date before the commence­
ment of this Act) if, at the time of the first publication of those works 
or the giving of the performance, the authors of the works or the 
perfonners were or are -
(a) citizens or nationals of that country, not being at that time 
persons domiciled or resident in Saint Lucia; or 
(b) in the case of works that are sound recordings or films, 
specified in the order, bodies incorporated under the laws 
of that country. 
(3) The Minister shall, in making an order under this section, 
have regard to the nature and extent of the lack of protection for 
Saint Lucia works or performances in consequence of which the 
order is being made. 
(4) In this section "Saint Lucia work or performance" means a 
work of which the author was, at the time when it was made, a 
qualified person for the purposes of this Act or a performance by a 
perfonner who was at the time of the performance such a qualified 
person. 
PART XI 
REPEALS, SAVINGS, TRANSITION JPlNll/LCAIC/l 
Page 95 
149.-(1) The Copyright (St. Lucia) Order, 1965 and the Copy- Repeals. 
right Act 1956 of the United Kingdom in so far as it has effect as part 
of the law of Saint Lucia are hereby repealed. 
(2) Without prejudice to section 27 of the Interpretation Act, the 
repeals effected by subsection (1) include the repeal of-
(a) any Order-in-Council made under the Copyright Act 
1956 of the United Kingdom so repealed, in so far as it has 
effect as :oart of the law of Saint Lucia; IPINIl ILCAICll 
Page 96 
Savings. 
Copyright subsists 
only under Act. 
Enforcement of 
copyright subject 
to public interest. 
Transitional. (b) any subsidiary legislation made under the Acts so 
repealed, or in so far as it has effect as part of the law of 
Saint Lucia, made under any Order-in-Council so 
repealed. 
150.-(1) Nothing in this Act shall affect the operation of any 
rule of equity relating to breaches of trust or confidence. 
(2) Nothing in this Act affects the right of the State, or any 
person deriving title from the State, to sell, use or otherwise deal 
with articles forfeited under the Customs Ordinance including any 
article so forfeited by virtue of this Act or an enactment repealed by 
this Act. 
151. No copyright or right in thenatureofcopyrightshallsubsist 
otherwise than by virtue of this Act or some other enactment in that 
behalf. 
152. Nothing in this Act affects any rule of law preventing or 
restricting the enforcement of copyright or rights in the nature of 
copyright, on grounds of public interest or otherwise. 
153.-(1) Where immediately prior to the appointed day copy­
right subsists in Saint Lucia in any literary, dramatic, musical or 
artistic work by virtue of the Copyright Act 1956 of the United 
Kingdom, such copyright shall continue to subsist and the person 
entitled thereto by virtue of this Act shall be the owner thereof under 
and subject to this Act, and in particular -
(a) the duration of such copyright; 
(b) the acts comprised within the exclusive rights attaching to 
such copyright; and 
(c) the effect upon the ownership of such copyright of any 
event or transaction occurring or of any contract or 
agreement made after the appointed day, 
shall be governed by this Act. 
(2) Where before the appointed day any person has incurred any 
expenditure or liability in connection with or in contemplation of, 
the doing of an act in relation to a protected work or to a performance 
in respect of which rights are conferred by this Act, being an act 
which prior to that date would have been lawful, nothing in this Act 
shall diminish or prejudice any rights or interests which, in relation 
to that work or performance, are subsisting and valuable on the appointed day, unless the person who, by virtue of this Act, is the 
owner of the copyright or the person having rights in the perfor­
mance, agrees to pay such compensation as, in default of agree­
ment, may be fixed by the High Court. 
(3) Where an act done before the appointed day was then an 
infringement of copyright but is not an infringement of copyright 
or rights in a performance under this Act, then, proceedings in 
respect of that act may be taken as if this Act had not been passed. 
(4) An act done before the appointed day shall not be an 
infringement of copyright or rights in a performance conferred by 
this Act if that act would not, but for the passing of this Act, have 
constituted an infringement. 
(5) Proceedings for infringement of copyright instituted but not 
disposed of before the appointed day shall be disposed of as if this 
Act had not been passed. 
(6) Proceedings under this Act for infringement may be taken 
notwithstanding the alleged infringement occurred before the 
appointed day. 
(7) In this section "appointed day" means the day appointed by 
the Minister pursuant to section 1. 
Passed in the House of Assembly this 14th day of March, 
1995. 
W. ST. CLAIR-DANIEL, 
Speaker. 
Passed in the Senate this 21st day of March, 1995. 
NEVILLE CENAC, 
President. IP/N/1/LCA/C/l 
Page 97 IPINIIILCA/CIl 
Page 98 
No. 7 1 Copyright (Amendment) Act 
SAINT LUCIA 
No. 70f2000 
ARRANGEMENT OF SECTIONS 
Sectiol/s 
1. Short title and commencement. 
2. AllIendment of section 2. 
3. Amendment of section 8. 
4. Substitution of section 9. 
S. Insertion of Part VlIA. 
6. Inseliion of sectiun 11 OA. 
7. Amendment of section 111. 
8. Insertion of section 114A. 
9. Insertion of section 139A. 
10. Repeal of section 146. 
11. Repeal of section 148. [ 2000. [L.S.] I ASSENT IP /N/l/LCAICI 1 
Page 99 
PEARLETTE LOUISY, 
Governor-General. 
27th March, 2000. 
SAINT LUCIA 
No. 7 of 2000 
AN ACT to amend the Copyright Act, 1995 to provide for the registration 
of collective sodeties, protect the moral rights of perfonners, extend 
the range of civil remedies and for related purposes. 
[ On Order] 
BE IT ENACTED by the Queen'sMostExcellentMajesty, by and with 
the advice and consent of the I-louse of Assembly and the Senate of Saint 
Lucia, and by the authori ty of the same as follows: IP/NIlILCAICll 
Page 100 
Short title and commencemcnt 
1. -(1) This Act may be cited as the Copyright (Amendment) Act, 
2000. 
(2) This Act shall come into effect on a date to be prescribed by the 
Minister by Order published in the Ga::ette. 
Amendment of section 2 
2. Section 2 of the Copyright Act, 1995 (in this Act referred to as 
"the principal Act") is amended by inserting, in their appropriate 
alphabetical position, the following definitions: 
"communication to the public" is the transmission by wire or 
\-vireless means, of the images or sounds, or both, of a work, 
a performance or a sound recording in such a way that the 
images or sounds can be perceived by persons outside the 
normal circle of a family and its closest social acquaintances 
at a place or places so distant from the place where the 
transmission originates that, without the transmission, the 
images or sounds would not be perceivable and further, 
ilTespective of whether the person can receive the images or 
sounds at the same place and time, or at different places or 
times. 
"owner of rights" means a legal or natural person who owns the 
rights to a work; 
"Registrar" means the Registrar of Companies and lntellechral 
Property. ". 
Amendment of section 8 
3. Section 8 of the principal Act is amended by inserting the 
following new subsection: 
"(9) The provisions of this Act shall also apply to works that are 
eligible fof protection in Saint Lucia by virtue of and in 
accordance with any international convention or other inter­
national agreement to which Saint Lucia is party.". 
Substitution of section 9 
4. Section 9 of the principal Act is repealed and the following 
section is substituted: 
"Nature of copyright IP/N/1/LCA/C/l 
Page 101 
9.-(1) Subject to the provisions of this Act, the owner of copy­
right shall have the exclusive right to do, authorize, or 
prohibit the following acts in relation to the work: 
(a) reproduction of the work; 
(b) translation of the work; 
(c) adaptation, arrangement or other transfom1ation of the work; 
(d) the first public distribution of the original and each copy ofthe 
work by sale, rental or otherwise; 
(e) rental or public lending of the original or a copy of an 
audiovisual work, a work embodied in a sound recording, a 
computer programme, a data base or a musical work in the 
fonn of notation, irrespective of the ownership of the original 
or copy concerned; 
(j) importation of copies of the work, even where the imported 
copies were made with the authorization ofthe owner of copy­
right; 
(g) public display of the original or a copy of the work; 
(h) public performance of the work; 
(i) broadcasting of the work; 
U) cOl1u11lmication to the public of the work. 
(2) The rights of rental and lending under paragraph (e) of 
subsection (1) do not apply -
(a) to rental or lending of computer programmes where the 
progralmne itself is not the essential object of the rental or 
lending; or 
Cb) to cinematographic works, tmless such c0111l11ercial rental has 
led to widespread copying of such works materially impairing 
the exclusive right of production. 
(3) The onus of proving that widespread copying of a cinemato­
graphic work has materially impaired the exclusive right of production 
under this section rests upon the person who alleges that such is the 
case. "'. 
Insertion of Part VII A 
5. After Part VII of the principal Act the following part is insel1.ed: IPlNllILCAIC/l 
Page 102 
"PART VII A 
COLLECTIVE SOCIETIES 
Collective societies to be registered 
. l09A- (1) No person or association of persons shall, after the 
coming into force of this Act, commence or carry on the business of 
issuing or granting licences in respect of any work in which copyright or 
related rights subsists or in respect of any other rights confened by this 
Act except in accordance with the registration granted under sub­
section (3): 
(2) Notwithstanding subsection (1)-
(a) the owner of copyright or related rights shall, in his or ner 
individual capacity, continue to have the right to grant licences 
in respect of his or her own works consistent with his or her 
obligation as a member of a collective society; and 
(b) a collective society functioning immediately before the 
coming into force of this Act shall be deemed to be a 
collective so~iety for the purposes of this Act and every such 
society shall get itself registered within a period of one year 
from the date of commencement of this Act. 
(3) Any association of persons who fulfils such conditions as may 
be prescribed may apply for permission to do the business specified in 
sub-section ( 1) to the Registrar. 
(4) The Registrar may, having regard to the interests of authors and 
other owners of rights under this Act, the interest and convenience of 
the public and the ability and professional competence ofthe applicants, 
register such association of persons as a collective society subject to 
such conditions as may be prescribed. 
(5) The Registrar shall not ordinarily register more than one 
collective society to.do business in respect of the same class of works. 
(6) The Registrar may, if it is satisfied that a collective society is 
being managed in a manner detrimental to the interests of the owners of 
right concerned, cancel the registration of the society after such inquiry 
as may be prescribed. 
(7) If the Registrar is of the opinion that in the interest of the 
owners of rights concemed, it is necessary so to do, it may, by order, 
suspend the registration of a society pending inquiry for a period not IP/N/lILCA/C/l 
Page 103 
exceeding one year as may be specified in the order and the Registrar 
shall appoint an administrator to discharge the functions of the 
collective society . 
. (8) In the exercise of his or her nmctions lll1der this section the 
Registrar shall act after consultation with the Minister. 
Administration of rights by collective society 
l09B-(1) Subject to such conditions as may be prescribed­
(a) a collective society may accept from an owner of rights 
exclusive authorisation to administer any right in any work by 
issue of licences or collection of licence fees or both; and 
(b) an owner of rights shall have the right to withdraw such 
authorisation without prejudice to the rights of the collective 
society under any contract. 
(2) A collective society shall be competent-
(a) to enter into agreement vvith any foreign society or organisation 
administering rights corresponding to rights lll1der tIlis Act; 
(b) to entrust to such foreign society or organisation the 
administration in any foreign country of rights administered 
by the said copyright society in Saint Lucia; or 
(c) for administering in Saint Lucia the rights administered in a 
foreign country by such foreign society or organisation. 
(3) Subject to such conditions as may be prescribed, a copyright 
society may -
(a) issue licences in respect of any rights under this Act; 
(b) collect fees in pursuance of such licences; 
(c) distribute such fees among owners of rights after making 
deductions for its own expenses; 
(d) perform any other functions consistent with its rules and 
by-laws. 
Control over the copyright society by the owner of rights 
1 09C -(1) A collective society shall be subject to the control of the 
owners of rights whose rights it administers (not being ovvners of rights IP/NIl/LCAICIl 
Page 104 
administered by a foreign society or organisation) and shall, in such 
ll1atUler as may be prescribed -
(a) prepare a scheme for determining the quantum of 
remuneration payable to individual owners of rights; 
(b) obtain the approval of such owners ofrights for its procedmes 
of collection and distribution of fees; 
(c) obtain the approval of such owners for the utilisation of any 
amounts collected as fees for any purpose other than 
distribution to the owner of rights; and 
(d) provide such owners regular, full and detailed information 
conceming all its activities, in relation to the administration o( 
their rights. 
(2) All fees distributed among the owners of rights shall, as far as 
may be, be distributed in proportion to the actual use of their works. 
Submission of returns and reports 
109D-(1) A collective society shall submit to the Registrar such 
returns as may be prescribed. 
(2) The Registrar may call for any report or records of a collective 
society for the purpose of satisfying himself or herself that the fees 
collected by the society in respect of rights administered by it are being 
utilised or distributed in accordance with the provisions of this Act. 
Rights and liabilities of peI"forming rights societies 
109E. Nothing in this Part shall affect the rights or liabilities in any 
work in connection with a performing rights society which had 
accrued or were incurred on or before the day prior to the 
COllunencement of this Act, or any legal proceedings in respect of any 
such rights or liabilities pending on that day. 
Rules and byeJaws of societies 
I 09F. The mles and bye-laws of a coilective society shall include the 
matters contained in the Schedule.". 
Insertion of section llOA 
6. After section 110 of the principal Act the following section is 
inserted: IPIN/1/LCA/C/1 
Page 105 
"Protection of rights in performance 
110A.- (1) The provisions of this Act on the protection of 
performers shall apply to -
{a) perfonners who are nationals of Saint Lucia; 
(b) perfonners who are not nationals of Saint Lucia but whose 
perfonnances-
(i) take place on the territory of Saint Lucia; 
(ii) are incorporated in sound recordings that are protected 
lmder tlus Act; or 
(iii) have not been fixed in sowld recording but are included 
in broadcasts qualifying for protection wlder this Act. 
(2) The provision in this Act also apply to performers who are eli­
gible for protection by virtue of and in accordance with any interna­
tional convention or other international agreement to which Saint Lucia 
is party.". 
Amendment of section 111 
7. Section III of the principal Act is amended by inserting the 
following as paragraph (c) to subsection (1): 
"( c) infTinges Ius or her right of distribution or right of making 
available to the public a fixed performance, by wire or 
wireless means.". 
Insertion of section 114A 
8. Af1er section 114 of the principal Act, the following section is 
inserted: 
"Performers moral rights 
I 
114A -(1) A performer shall have as regards his or her live oral 
pcrfonnances and performances fixed in phonogram -
(a) the right to c'laim to be identified as the performer of a perfor­
mance, except where omission is dictated by the malmer of the 
use of the performance; and 
(b) to object to any distortion, mutilation or other modification of 
his or her performance that would be prejudicial to his or her 
reputation. 
(2) The provisions of section 19 (1) and 20 of the principal Act 
shall apply mutatis mutandis.". IP/N/1/LCAIC/l 
Page 106 
Insertion of section 139A 
9. After section 139 o[the principal Act, the following section is 
inserted: 
"General civil remedies 
139 A-( 1) The court shall have the authority -
(a) to order the impounding of copies of works or sound 
recordings suspected of being made or imported without the 
authorization of the owner of any right protected lU1der this 
Act where the making or importation of copies is subject to 
such authorization, as well as the impounding of the 
packaging of, the implements that could be used for the 
making of, and the docwnents, accounts or business papers 
refened to, such copies; 
(b) to order the forfeiture and seizure of all plates moulds, 
matrices, masters, tapes, film negatives, or other articles by 
means of which such copies of works or sound recordings may 
be reproduced, and all electronic, mechanical or other devices 
for manufactllrlng, reproducing, or assembling such copies of 
works or sound recordings. 
(2) The provisions of subsection (l) ( a) shall not be applicable to 
copies and their packaging which were acquired by a third party in good 
faith. 
(3) Where there is a danger that acts of infringement may be 
continued, the Court shall, in addition to any penalty imposed, impose a 
fine of five hundred dollars for each day on which the infringement is 
continued. " 
Repeal of section 146 
10. Section 146 of the principal Act is repealed. 
Repeal of section 148 
11. Section 148 of the principal Act is repealed. 
Passed in the I-louse of Assembly this 21st day of December, 1999. 
MATTFIEW ROBERTS, 
Speaker of the House of Assembly. 
Passed in the Senate this 7th day of March, 2000. 
HILFORD DETERVILLE, 
President of the Senate.