RESTRICTEDWORLD TRADE
ORGANIZATIONIP/C/W/266
21 May 2001
(01-2559)
Council for Trade-Related Aspects
of Intellectual Property RightsOriginal:  English
REVIEW OF LEGISLATION
Response from Jamaica to the question posed by Japan
By means of a communication from the Permanent Delegation of Jamaica dated 8 May 2001,
the Secretariat has received the following response to the question posed by Japan, as circulated in
document IP/C/W/258.
_______________
A. C OPYRIGHT AND RELATED RIGHTS
1. Please explain exceptions or exemptions of the National Treatment and Most-Favoured-
Nation Treatment under the Copyright and Neighbou ring Rights Law, if any, as permitted in
Articles 3 and 4 of the TRIPS Agreement.
The Copyright Act of 1993 ("the Act") outlines in sections 5, 6, 7 and 8 the requirements for
protection, the category of eligible works and the qualification for protection in respect of the author
and the place of publication.  A copy of same is attached for your consideration.1  It is important to
note that the term "specified country" is defined in the Copyright (Specified Countries) Order 1994
which is also attached for your perusal.2
Section 144 of the Act entrenches the requirements of national treatment and most-favoured-
nation treatment provided for in Articles 3 and 4, respectively, of the TRIPS Agreement.  The
Minister (of Industry, Commerce and Technology) is empowered by section 145 of the Act to make
provision for exceptions and exemptions to the aforesaid requirements.  A copy of both sections is
attached.3
In particular, a country will be denied copyright protection and the protection of rights in
performances if it appears to the Minister that the laws of a country fail to give adequate protection to
Jamaican works or performances or fail to give adequate protection in the case of one or more classes
of such works or performances.  However, when  making provisions under section 145, the Minister
must have regard to the nature and extent of the lack of protection for Jamaican works or
performances in consequence of which the order is being made.
                                                     
1 See Annex 1.
2 See Annex 2.
3 See Annex 3.IP/C/W/266
Page 2
ANNEX 1
(Copyright Act of 1993)
PART II
COPYRIGHT
Protected Works
5.-(1) Unless otherwise specifically provided in  this Act, copyright shall not subsist in any
work unless it satisfies the requirements specified in this Part as respects –
(a) the category of work; and
(b) either –
(i) the qualification of the author; or
(ii) the country or place of first publication, or in the case of a broadcast or cable
programme, the country or place where it is made or from which it is sent, asthe case may be.
(2) If the requirements of this Part or of section 146 are once satisfied in respect of a
work, copyright does not cease to subsist by reason of any subsequent event.
6.-(1) Copyright is a property right which, subject to the provisions of this section, may
subsist in the following categories of work –
(a) original literary, dramatic, musical or artistic works;
(b) sound recordings, films, broadcasts or cable programmes;
(c) typographical arrangements of published editions, and copyright may subsist in a
work irrespective of its quality or the purpose for which it was created.
(2) A literary, dramatic or musical work shall not be eligible for copyright protection
unless it is recorded in writing or otherwise; and any reference in this Act to the time at which a work
is made is a reference to the time at which it is so recorded.
(3) For the purposes of subsection (2), it is immaterial whether the work is recorded by or
with the permission of the author; and where it is not recorded by the author, nothing in that
subsection shall affect the question whether copyright subsists in the record of the work as distinctfrom the work recorded.
(4) Copyright shall not subsist in a sound recording or film which is, or the extent that it
is, a copy taken from a previous sound recording or film.
(5) Copyright shall not subsist in a broadcast which infringes, or to the extent that it
infringes, the copyright in another broadcast or in a cable programme.
(6) Copyright shall not subsist in a cable programme –
(a) if it is included in a cable programme service by reception and immediate re-
transmission of a broadcast; orIP/C/W/266
Page 3
(b) if it infringes, or to the extent that it  infringes, the copyright in another cable
programme or in a broadcast.
(7) Copyright shall not subsist in the typographical arrangement of a published edition if,
or to the extent that it reproduces the typographical arrangement of a previous edition.
(8) Copyright protection does not extend to an idea, concept, process, principle,
procedure, system or discovery or things of a similar nature.
7.- (1) A work qualifies for copyright protection if the author was a qualified person at the
material time.
(2) A work of joint authorship qualifies for copyright protection if any of the authors
satisfies the requirement of subsection (1), so however, that, where a work qualifies for copyright
protection only under this section, only those authors who satisfy such requirement shall be taken into
account for the purposes of sections 9 and 22.
(3) In this section "the material time" means in relation to –
(a) an unpublished literary, dramatic, musical or artistic work, when the work was made
or, if the work extended over a period, a substantial part of that period;
(b) a published literary, dramatic, musical or artistic work when the work was first
published or, if the author had died before that time, immediately before his death;
(c) a sound recording or film, when it was made;
(d) a broadcast, when the broadcast was made;
(e) a cable programme, when the programme was included in a cable programme service;
(f) the typographical arrangement of a published edition, when the edition was first
published.
8.-(1) A literary, dramatic, musical or artistic work, a sound recording or film, or the
typographical arrangement of a published edition qualifies for copyright protection if, having regard
to section 3, it is first published in Jamaica or a specified country.
(2) A broadcast qualifies for copyright protection if it is made from a place in Jamaica or
a specified country by a broadcasting organization in possession of a valid licence granted to it underany law in Jamaica or a specified country regulating broadcasting.
(3) A cable programme qualifies for copyright protection if it is sent from a place in
Jamaica or ina specified country in accordance with the law in force regulating transmission by cable.IP/C/W/266
Page 4
ANNEX 2
THE COPYRIGHT ACT
ORDERS
(under section 144)
THE COPYRIGHT (SPECIFIED COUNTRIES) ORDER, 1994
(Made by the Minister on the 31st day of December, 1993) 
L.N. 1194
[1st January, 1994]
1. This Order may be cited as the Copyright (Specified Countries) Order, 1994.
2. In relation to literary, dramatic, musical and artistic works, films and the
typographical arrangement of published editions, sections 5, 7 and 8 of the Act shall apply in relation
to -
(a) persons who are citizens or habitual residents of a country specified in the Schedule
as they apply in relation to persons  who are citizens or habitual residents of Jamaica;
(b) bodies incorporated or established under the laws of a country so specified as they
apply in relation to bodies incorporated or established under the laws of Jamaica, and
(c) works first published in such a country as they apply in relation to works first
published in Jamaica.IP/C/W/266
Page 5
SCHEDULE
(Paragraph 2)
Countries enjoying protection in respect of literary, dramatic, musical and artistic works,
films and the typographical arrangements of published editions
(The countries specified in this Schedule are either parties to the Berne Copyright Convention
or otherwise give adequate protection under their law.)
Argentina Malawi
Australia Malaysia
Austria MaliBahamas Malta
Barbados Mauritania
Belgium Mauritius
Benin Mexico
Bolivia MonacoBrazil Morocco
Bulgaria Netherlands
Burkina Faso New Zealand
Cameroon Niger
Canada NigeriaCentral African Republic Norway
Chad Pakistan
Chile Paraguay
China Peru
Colombia PhilippinesCongo, People's Republic of Poland
Costa Rica Portugal
Côte d'Ivoire Republic of Macedonia (the former Yugoslav Republic)
Croatia Romania
Cyprus Rwanda
Czech Republic St. Lucia
Denmark SenegalEcuador Slovakia
Egypt Slovenia
Fiji South Africa
Finland Spain
France Sri.Lanka
Gabon Surinam
Gambia Sweden
Germany Switzerland
Ghana Thailand
Greece TogoGuina, Republic of Trinidad and Tobago
Guinea-Bissau Tunisia
Holy See Turkey
Honduras United Kingdom
Hungary United States of AmcricaIceland Uruguay
India Venezuela
Ireland Yugoslavia
Israel ZaireIP/C/W/266
Page 6
Italy Zambia
Japan Zimbabwe
Kenya
Lebanon
LesothoLiberia
Libya
Liechtenstein
Luxembourg
Madagascar
_______________IP/C/W/266
Page 7
THE COPYRIGHT ACT
ORDERS
(under section 144)
THE COPYRIGHT (SPECIFIED COUNTRIES) (No. 2) ORDER, 1994
(Made by the Minister on the 26th day of January, 1994) 
L.N. 11194
[27th January, 1994]
1. This Order may be cited as the Copyright (Specified Countries) (No. 2) Order, 1994.
2. In relation to sound recordings and broadcasts, sections 5, 7 and 8 of the Act shall
apply in relation to-
(a) persons who are citizens or habitual residents of a country specified in the Schedule
as they apply in relation to persons Schedule who are citizens or habitual residents of
Jamaica;
(b) bodies incorporated or established under the laws of a country so specified as they
apply in relation to bodies incorporated or established under the laws of Jamaica., and
(c) sound recordings made in and broadcasts made from such a country as they apply in
relation to sound recordings made in and broadcasts made from Jamaica.
3. The countries mentioned in the Schedule are specified countries for the purpose of the
definition of "qualifying performance" appearing in section 2 of the Act.IP/C/W/266
Page 8
SCHEDULE
(Paragraphs 2 and 3)
Countries enjoying protection for sound recordings and broadcasts
(The countries specified in this Schedule either are parties to the Rome Convention for the Protection
of Performers, Producers of Phonograms and Broadcasting Organizations or otherwise give adequate
protection under their law).
Argentina Italy
Australia Japan
Austria LesothoBarbados Luxembourg
Brazil Mexico
Burkina Faso Monaco
Chile Netherlands
Colombia NigerCongo, People's Republic of Nigeria
Costa Rica Norway
Denmark Panama
Dominican Republic Paraguay
Ecuador PeruEl Salvador Philippines
Fiji Slovakia
Finland Spain
France Sweden
Germany SwitzerlandGreece United Kingdom
Guatemala Uruguay
Honduras
Ireland
_______________IP/C/W/266
Page 9
ANNEX 3
(Copyright Act of 1993)
144.- (1) Subject to the provisions of this section, the Minister may by order provide that in
respect of any country specified in the order, any provisions of this Act so specified shall apply -
(a) in relation to persons who are citizens or habitual residents of that country as they
apply to persons who are citizens or habitual residents of Jamaica;
(b) in relation to bodies incorporated or established under the laws of that country as they
apply in relation to bodies incorporated or established under the laws of Jamaica;
(c) in relation to literary, dramatic, musical or artistic works, sound recordings, films and
editions first published in that country as they apply in relation to such works, sound
recordings, films and editions first published in Jamaica;
(d) in relation to broadcasts made from or cable programmes sent from that country as
they apply in relation to broadcasts made from or cable programmes sent from Jamaica;
(e) in relation to performances taking place in that country or given by an individual who
is a citizen or habitual resident of that country, as they apply in relation to performances
taking place in Jamaica or given by an individual who is a citizen or habitual resident of
Jamaica.
(2) An order made under this section applying any provisions of this Act in relation to
any country may apply that provision -
(a) without exception or modification or subject to such exceptions and modifications as
may be specified in the order;
(b) generally or in relation to such classes of works or other classes of case as may be so
specified.
(3) An order shall not be made under this section in relation to any country unless -
(a) the country is a Convention country; or
(b) a country as to which the Minister is satisfied that provision has been or will be made
under its law in respect of the class of works or (as the case may be) the performances, to
which the order relates, giving adequate protection to the owners of copyright under this Actor, as the case may be, to Jamaican performances as defined in section 145 (4).
(4) In this section "Convention country" means a country which is a party to a
Convention relating to copyright or performers' rights , as may be appropriate, to which Jamaica is also
a party.
145.-(1) If it appears to the Minister that the laws of a country fail to give adequate protection
to Jamaican works to which this section applies or to.lamaican performances, or fail to give adequate
protection in the case of classes of such works or pe rformances, (whether the lack of protection relates
to the nature of the work or performance or the nationality, citizenship or country of its author orperformer or all of those matters) the Minister by order, make provision in relation to that country in
accordance with subsection (2).IP/C/W/266
Page 10
(2) An order made for the purposes of this section shall designate the country concerned
and may provide either generally or in relation to such classes of' case as are specified in the order,
that copyriglit shall not subsist in works first published, or, as the case may be, that rights in
performances shall not subsist in performances first given, after a date specified in the order (which
may be a date before the 1st September, 1993) if, at the time of the first publication of those works orthe giving of the performance, as the case may be, the authors of the works or the performers were or
are -
(a) citizens or nationals of that country, not being at that tirne persons whose habiltual
residence is in Jarriaica or a specified country (excluding the country concerned); or
(b) in the case of works, bodies incorporated or established under the laws of that
country.
(3) The Minister shall, in making an older under this section, have regard to the nature
and extent ef the lack of protection for Jamaican works or Jamaican performances in consequence of
which the order is being made.
(4) This section applies to literary, dramatic, musical and artistic works, sound recordings
and films, and for the purposes of this section-
"Jamaican performances" means—
(a) performances given by individuals who are citizens or habitual residents of Jamaica;
or
(b) performances that take place in Jamaica;
"Jamaican works" means works of which the author was a qualified person at the material
time within the meaning of section 7 (3).
__________