WORLD TRADE ORGANIZATION
ORGANISATION MONDIALE DU COMMERCE
ORGANIZACIÓN MUNDIAL DEL COMERCIOIP/N/1/ATG/C/1
13 February 2002
(02-0743)
Council for Trade-Related Aspects of
Intellectual Property RightsOriginal:  English/
anglais/
inglés
MAIN DEDICATED INTELLECTUAL PROPERTY
LAWS AND REGULATIONS NOTIFIED UNDER
ARTICLE 63.2 OF THE AGREEMENT
ANTIGUA AND BARBUDA
The present document reproduces the text1 of the Copyright Bill 2000, as notified by Antigua
and Barbuda under Article 63.2 of the Agreement (see document IP/N/1/ATG/1).
Conseil des aspects des droits de propriétéintellectuelle qui touchent au commerce
PRINCIPALES LOIS ET RÉGLEMENTATIONS CONSACRÉES À LA
PROPRIÉTÉ INTELLECTUELLE NOTIFIÉES AU TITRE
DE L'ARTICLE 63:2 DE L'ACCORD
ANTIGUA-ET-BARBUDA
Le présent document contient le texte
1 du projet de Loi sur le droit d'auteur 2000, notifié par
Antigua-et-Barbuda au titre de l'article 63:2 de l'Accord (voir le document IP/N/1/ATG/1).
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 PÁRRAFO 2 DEL ARTÍCULO 63 DEL ACUERDO
ANTIGUA Y BARBUDA
En el presente documento se reproduce el texto1 del proyecto de ley de derecho de autor
de 2000, que Antigua y Barbuda notificó de conformidad con lo dispuesto en el párrafo 2 del
artículo 63 del Acuerdo (véase el documento IP/N/1/ATG/1).
                                                     
1 In English only./En anglais seulement./En inglés solamente.IP/N/1/ATG/C/1
Page 2
THE COPYRIGHT ACT, 2000
ARRANGEMENT OF SECTIONS
PART I – PRELIMINARY
1. Short title and commencement
2. Interpretation
3. Publication4. Lawful reception of broadcast
PART II – COPYRIGHT
Protected Works
5. Requirements for protection
6. Category of eligible works7. Qualification for protection: author8. Qualification for protection: place of publication, etc.
9. Nature of copyright protection: economic and moral rights
Duration of Copyright Protection
10. Duration of copyright in literary, etc. works
11. Duration of copyright in sound recordings and films12. Duration of copyright in broadcasts and cable programmes
13. Duration of copyright in typographical arrangement
PART III - MORAL RIGHTS AND RELATED RIGHTS
Identification with Work
14. Right to be identified as author, etc.
Objection to Treatment of Work
15. Right to object to derogatory treatment of work
Related Rights
16. False attribution of work
17. Right to privacy of photographs and films
SupplementaryIP/N/1/ATG/C/1
Page 3
18. Duration of moral rights and related rights
19. Consent and waiver of rights20. Application of provisions to joint works21. Application of provisions to parts of work
22. 
PART IV – OWNERSHIP AND ASSIGNMENT OF RIGHTS
Ownership of Copyright
22. Ownership of copyright
Assignment of Copyright
23. Assignment and licences
24. Prospective ownership of copyright25. Rights of exclusive licensee26. Copyright in manuscript passes under will
27. Moral rights, etc. not assignable
28. Transmission of moral rights, etc. on death
29. 
PART V- INFRINGEMENT OF RIGHTS
General Provisions
29. Meaning of  “action”
30. Part subject to other provisions
31. 
Infringement of Copyright
31. Acts infringing copyright
Remedies of Copyright Owner
32. Action by owner of copyright
33. Order for delivery up in civil proceedings
Remedies of Exclusive Licensee
34. Infringement of rights of exclusive licensee
35. Infringement where rights concurrentIP/N/1/ATG/C/1
Page 4
Infringement of Moral Rights and Related Rights
36. Infringement of right to be identified as author or director
37. Infringement of right to object to derogatory treatment of work38. Infringement by possession of infringing article39. Acts not infringing section 1540. False attribution of work: infringement of right
41. Infringement of privacy right in photographs, etc.
42. Effect of consent and waiver of rights
Remedies for  Infringement of Moral Rig/us and Related Rights
43. Remedies for infringing moral rights, etc.
Presumptions
43. Presumptions where action relates to literary works, etc.
45. Presumptions where action relates to sound recording, film or computer program
Offences
46. Penalties in respect of dealings which infringe copyright
47. Presumptions not to apply
48. Order to deliver up in criminal proceedings
Supplementary
49. Application of provisions as to entry etc.
50. Restricting importation of infringing copies
PART VI - EXCEPTIONS TO INFRINGEMENT OF COPYRIGHT
Preliminary
51. Definition of “sufficient acknowledgment”
General Exceptions
52. Research and private study
53. Criticism, review and reporting54. Determining fair dealing55. Incidental inclusion of protected workIP/N/1/ATG/C/1
Page 5
Use of Work for Educational Purposes
56. Acts done for purposes of instruction or examination
57. Anthologies for educational use58. Recording of broadcast, etc. by educational establishments59. Restriction on reprographic copying by educational establishment
60. Subsequent dealings with authorized copies
Exceptions Affecting Libraries and Archives
61. Interpretation of references; regulations
62. Supply by librarian of copies of published work63. Supply of copies to other libraries64. Replacing copies of works65. Copying of unpublished work
Exceptions Relating to Public Administration
66. Parliamentary and judicial proceedings etc.
67. Public Records
Designs
68. Design documents and models
69. Where design derived from artistic work is exploited
Exception Relating to Works in Electronic Form
70. Transfer of works in electronic form
Miscellaneous Exceptions Relating to Literary
Dramatic, Musical and Artistic Works
71. Anonymous and , pseudonymous literary etc. works
72. Use of notes of recordings of spoken word
73. Reading or recitation in public74. Representation of artistic works on public display
75. Reconstruction of buildings
76. Subsequent work by same artistIP/N/1/ATG/C/1
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Miscellaneous Exceptions Relating to Sound Recordings,
Films and Computer Programs
77. Making etc., of recordings of musical work previously made or imported
78. Rental of sound recordings, etc.
79. Playing of sound recording for purposes of charitable organization
Miscellaneous Exceptions Respecting Broadcasts
and Cable Programmes
80. Incidental recording for purposes of broadcast or cable programme.
81. Recordings of broadcasts for programme control
82. Recording for archival purposes
83. Reception and retransmission of broadcast in cable programme service84. Recording for purpose of time shifting
Adaptations
85. Adaptations
Prescribed Exceptions
86. Power of Minister to prescribe exceptions to infringement
PART VII- COPYRIGHT LICENSING
Preliminary
87. Interpretation for purposes of Part
88. Licensing schemes to which sections 89 to 94 apply
References and Applications Respecting Licensing Schemes
89. Reference of proposed licensing scheme
90. Reference of existing licensing scheme
91. Further reference of scheme
92.  Application for grant of licence in connection with licensing scheme
93.  Application for review as to entitlement to licence
94. Effect of order of Tribunal as to licensing schemeIP/N/1/ATG/C/1
Page 7
References and Applications Respecting Licences and Licensing Bodies
95. Licences to which sections 96 to 99 apply
96. Reference to Tribunal of proposed licence97. Reference to Tribunal of expiring licence98. Tribunal may review order as to licence99. Effect of order of Tribunal as to licence
Supplementary
100. Matters prescribed for Tribunal
101. Royalty payable for rental of sound recording, etc.102. Ministerial order in relation to licensing scheme
PART VIII - THE COPYRIGHT TRIBUNAL
103. Establishment of Copyright Tribunal
104. Jurisdiction of Tribunal
105.Regulations relating to proceedings of Tribunal
106. Appeal on point of law
PART IX -  RIGHTS IN PERFORMANCES
107. Conferment of rights in performances
Performers’ Rights
108. Consent required for recording etc. of performance
109. Infringement of performer’s rights by use of recording110. Consent and royalty for adaptation of recording
111. Infringement of performer’s rights by importing, etc. illicit recording
Rights of Person Having Recording Rights
112. Consent required for recording performance subject to exclusive
contract
113 Infringement of recording rights by use of recording
114. Infringement of recording rights by importing, etc. illicit recordingIP/N/1/ATG/C/1
Page 8
Exceptions to infringement
115. Permitted acts in relation to performances
116. Fair dealing for criticism, etc.
117. Incidental inclusion of performance or recording
118. Acts done to recording or performance for purposes of instruction, etc.
119. Recording of  broadcast or cable programme by educational establishment
120. Acts done to performance or recording for Parliamentary proceedings, etc.
121. Transfer of recording of performance in electronic form122. Use of recordings of spoken words123. Playing sound recording for charitable purposes124. Incidental recording for purposes of broadcast or cable programme125. Recordings for supervision and control of programmes126. Recording of broadcast etc. for archival purposes127. Order excepting acts from infringing rights under this Part128. Tribunal may consent on behalf of performer
Duration and Transmission of Rights in Performances; Consent
129. Duration of rights in performances
130. Transmission of rights in performances131. Consent
Remedies for  Infringement of Rights in Performances
132. Infringement as breach of duty
133. Order for delivery up of illicit recording in civil proceedings
Offences
134. Criminal liability for making, etc. illicit recordings
135. Order for delivery up of illicit recording in criminal proceedings136. False representation of authority to give consentIP/N/1/ATG/C/1
Page 9
PART X - GENERAL
137. Order for disposal of infringing copy or illicit recording
138. Period after which remedy or delivery up not available139. Time limit for prosecution140. Powers of members of [Police Force]141. Restrictions on the entry and search of domestic premises
142. Obstruction of members of the [Police Force]
143. Offences by body corporate144. Power to apply provisions of Act to other county
145. Denial of copyright or rights in performances
146. International organizations147. Territorial waters [and exclusive economic zone]148. Act applies to ships, aircraft registered in State149. Act binds [Crown] [State]150. Regulations151. Repeals152. Savings153. Transitional provisions
SCHEDULEIP/N/1/ATG/C/1
Page 10
ANTIGUA AND BARBUDA
No.          of 2000
BILL FOR
AN ACT to make provision with respect to copyright, to confer rights in
performances on performers and other, to repeal the Copyright Act Cap.104 and the Copyright Act of 1911 of the United Kingdom in so far as itapplies to Antigua and Barbuda and for related matters.
ENACTED by the Parliament of Antigua and Barbuda as follows –
PART I  -  PRELIMINARY
Short title 1. (1) This Act may be cited as the Copyright Act, 2000.
and
Commence- (2) The Act shall come into force on a day to be appointed by the
ment. Minister by notice published in the Gazette.
Interpretation. 2. (1) In this Act –
“adaptation” means –
(a) in relation to a literary or dramatic work –
(i) a translation of the work which, as respects a
computer program, includes a version of the
program in which it is convened into or outof a computer language or code or into adifferent computer language or code,otherwise than incidentally in the course ofrunning the program;
(ii) a version of a dramatic work in which it is
converted into a non-dramatic work or, as
the case may be, of a non-dramatic work in
which it is convened into a dramatic work;IP/N/1/ATG/C/1
Page 11
(iii) a version of a work in which the story or
action is conveyed wholly or mainly bymeans of pictures in a form suitable for
reproduction in a book or in a newspaper,
magazine or similar periodical;
(b)    in relation to a musical work, an arrangement or
transcription of the work;
“article” in the context of an article in a periodical, includes an item
of any description;
“artistic work” means –
(a) a graphic work, photograph, sculpture or collage,
whether the work is of artistic quality or not;
(b) a building or a model of a building, whether the
building or model is of artistic quality or not; or
 
 (c) a work of artistic craftsmanship to which neither
paragraph (a) nor paragraph (b) applies;
“audiovisual work” is a work that consists of a series of related
images which impart the impression of motion, with or without
accompanying sounds, susceptible of being made visible, and whereaccompanied by sounds susceptible of being made audible.
“author” in relation to a work, means the natural person who creates
it, being in relation to –
(a) a literary or dramatic work, the author of the work;
(b) a musical work, the composer;
(c) an artistic work (other than a photograph) the artist;IP/N/1/ATG/C/1
Page 12
(d) a photograph, the person taking the photograph;
                                                    (e) a sound recording or film, the person by whom the
arrangements necessary for the making of the
recording or film are undertaken;
(f) the typographical arrangement of a published
edition, the publisher;
(g) a broadcast, the person making the broadcast as
described in section 4(2) or, in the case of abroadcast which relays another broadcast byreception and immediate retransmission, the personmaking 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 thearrangements necessary for the creation of thework are undertaken,
and in relationship to a work of a joint authorship, references
in this Act to the author of a work shall, except as otherwiseprovided, be construed as references to all the authors of thework;
“a broadcast” means the communication of a work a performance or
a phonogram to the public by a transmission by wireless includingtransmission by satellite, sounds or other information which –
(a) having regard to section 4, is capable of being
lawfully received by members of the public; orIP/N/1/ATG/C/1
Page 13
(b) is transmitted for presentation to members of the
public;
“to broadcast” means to transmit by wireless telegraphy visual
images or sounds, or both, for reception by the public
notwithstanding that –
(a) subsequent to the initial transmission, but before
reception by the public, the images or sounds may becarried on a path provided by a material substance;
(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; or
(c) no member of the public actually received the
images or sounds, provided only that members of thepublic could, if in possession of suitable apparatus,receive them,
and “broadcasting” and “re-broadcasting” have
corresponding meanings;
“building” includes a fixed structure of any kind and a part of a
building or fixed structure;
“business” includes a trade or profession;“cable programme” means any item included in a cable programme
service, and any reference in this Act –
(a) to the inclusion of’ a cable programme or work in a
cable programme service is a reference to itstransmission as part of the service; andIP/N/1/ATG/C/1
Page 14
(b) to the person including 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 by
means of a telecommunications system, otherwise than by wirelesstelegraphy, for reception-
(a) at two or more places (whether for simultaneous
reception or at different times in response to requestsby different users); or
(b) for presentation to members of the public, and which
is not, or to the extent that it is not, excepted by
regulations made under this Act;
“collective work” means a work created by two or more natural
persons at the initiative and under the direction of a natural person orlegal entity, with the understanding that it will be disclosed by thelatter person or entity under his or its own name and that the entity ofthe contributing natural persons will not be indicated;
“computer” means an electronic or similar device having information
processing capabilities;
“computer-generated work” means a work generated by a computer
in circumstances such that the work has no human author;
“computer program” means a set of instructions, whether expressed
in words or in schematic or other form, which is capable, whenincorporated in a machine readable medium that the computer canread, of causing an electronic or other device having informationprocessing capabilities to indicate, perform or achieve a particularfunction, task or result;IP/N/1/ATG/C/1
Page 15
“copy” in relation to –
(a) a work that is a literary, dramatic, musical or artistic
work, means a reproduction of the work in any
material form and, in respect of an artistic work,
includes a reproduction in three-dimensions if  the
artistic work is a two-dimensional work and areproduction in two-dimensions if the artistic work isa three-dimensional work;
(b) a work that is a film, television broadcast or cable
programme, includes a photograph of the whole orany 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 thearrangement; and
(d) any description of work, includes a copy of the work
that is transient or incidental to some other use of the
work,
and references to the copying of a work of any description
shall be construed to include a reference to storing the workin any medium by electronic means;
“copyright” means copyright conferred by Part II of this Act;“Copyright Tribunal” or “Tribunal” means the Tribunal established
under section 103;
“country” includes any territory;IP/N/1/ATG/C/1
Page 16
“distribution” means the distribution to the public, for commercial
purposes, of copies of a work by way of rental, lease, hire, loan orsimilar arrangement and “distributing” has a corresponding meaning;
“dramatic work” includes a work of dance or mime;
“educational establishment” means any school, college or other
educational body designated by the Minister by order eitherspecifically or by reference to a class, for the purposes of this Act;
“economic rights” means the rights mentioned in section 9(1);“exclusive licence” means a licence in writing signed by or on behalf
of the owner of copyright in a work authorizing the licensee, to the
exclusion of all other persons, including the person granting thelicence, to exercise a right which would otherwise be exercisableexclusively by the owner of the copyright;
“exclusive recording contract” means a contract between a performer
and another person under which that person is entitled, to theexclusion of all other persons, including the performer, to make
recordings of one or more of his performances with a view to their
being shown or played in public, sold, let for hire or otherwisecommercially exploited;
“film” means a recording on any medium from which a moving
image may by any means be produced;
“future copyright” means copyright which will or may come into
existence in respect of any future work or class of works or on the
occurrence of a future event, and “prospective owner” shall be
construed accordingly and, in relation to any such copyright, includesa person prospectively entitled thereto by virtue of such an agreementas is mentioned in section 24;IP/N/1/ATG/C/1
Page 17
“graphic work” includes -
(a) any painting, drawing, diagram, map, chart, or plan;
and
(b) any engraving, etching, lithograph, woodcut or
similar work;
“illicit recording” in relation to a performance means a recording
wherever made, the making of which constitutes an infringement ofthe rights conferred on the performer or a person having recordingrights in relation to the performance pursuant to Part IX, and whichdoes not fall within any of the exceptions specified in or authorized
pursuant to any provision of that Part;
“infringing copy” in relation to a protected work means –
(a) any copy of the work, the making of which is not
authorized under or by virtue of any provision of thisAct;
(b) any copy of the work that is or is proposed to be
imported into Antigua and Barbuda and its makingin Antigua and Barbuda would have constituted aninfringement of the copyright in the work in questionor a breach of an exclusive licence agreementrelating 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;IP/N/1/ATG/C/1
Page 18
“manuscript” in relation to a work, means the original document
embodying the work whether written by hand or not;
“Minister” means the Minister to whom responsibility of this Act is
assigned.
“musical work” means a work consisting of music, exclusive of any
words or action intended to be sung, spoken or performed with themusic;
“performer” means any actor, singer, musician, dancer or other
person who acts, signs, depicts, delivers, declaims, plays in orotherwise performs, a literary, dramatic, musical, artistic work or
expressions of folklore; and references to the performer in the contest
of the person having performer’s rights, shall be construed to includereferences to the person who, pursuant to any provision of this Act, isfor the time being entitled to exercise those rights;
“performance” in relation to –
(a) the rights conferred under Part IX, means –
(i) a dramatic performance which includes
dance and mime;
(ii) a musical performance; or(iii) a reading or recitation of a literary work;(iv) a performance of a variety act or any similar
presentation, that is, or to the extent that it is,
a live performance, given by one or moreindividuals; andIP/N/1/ATG/C/1
Page 19
(b) copyright in a literary, dramatic or musical work
includes –
(i) delivery in the case of lectures, addresses,
speeches and sermons;
(ii) any mode of visual acoustic presentation
including presentation by means of a soundrecording, film, broadcast or cableprogramme of the work;
“person having recording rights” in relation to a performance means
a person who–
(a) is a party to, and has the benefit of, an exclusive
recording contract to which the performance is
subject or to whom the benefit of such a contract hasbeen assigned; and
(b) is a qualified person,
so, however, that where a performance is subject to an
exclusive recording contract but the person mentioned inparagraph (a) is not a qualified person, the expression shallbe deemed to extend to any qualified person who is licensedby the person mentioned in paragraph (a) to make recordingsof the performance with a view to their being shown orplayed in public, sold, let for hire or otherwise commerciallyexploited or to whom the benefit of such a licence has been
assigned;
“photographic work” means a recording of light or other radiation on
any medium on which an image is produced or from which an imagemay by any means be produced irrespective of the technique(technical, electronic or other) by which such recording is made, andwhich is not part of a film; a still picture extracted from audiovisualIP/N/1/ATG/C/1
Page 20
work shall not be considered a photographic work but a part of the
audiovisual work concerned;
“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, includingpremises that are occupied mainly for other purposes;
“prospective owner” has the meaning assigned to it in the definition
of  “future copyright”;
“publication” and “commercial publication” have the meaning
assigned to those expressions, respectively, by section 3;
“published edition” in relation to copyright in the typographical
arrangement of a published edition, means the published edition ofthe whole or any part of one or more literary, dramatic, musical, orartistic works;
“qualified person”-
(a) in the case of an individual, means a person who is a
citizen of, or whose habitual residence is in, Antigua andBarbuda or a specified country; and
(b) in the case of a body corporate, means a body
incorporated or established under any written law ofAntigua and Barbuda or a specified country;
“qualifying performance” means a performance that –
(a) is given by an individual who is a qualified person; or
(b) takes place in Antigua and Barbuda or a specified 
county;IP/N/1/ATG/C/1
Page 21
“record” means any disc, tape, perforated roll or other device in
which sounds are embodied so as to be capable of being reproducedthere from, other than a soundtrack associated with a film, but
includes, in relation to a perform ance, a film incorporating the
performance;
“recording” in relation to a performance means a film or sound
recording-
(a) made directly from the Jive performance;
(b) made from a broadcast of, or cable programme
including, the performance; or
(c) made directly or indirectly from another recording of
the performance;
“rental” means any arrangement under which the transfer of the
possession of the original or a copy of a work or phonogram is madeavailable-
(a) for payment in money or money’s worth; or
(b) in the course of a business, as part of services or
amenities for which payment is made,
on terms that it will or may be returned;
“reproduction” means the making of one or more copies of a work or
phonogram in any manner or form, including any permanent or
temporary storage of the work or phonogram in electronic form;IP/N/1/ATG/C/1
Page 22
“reprographic process” means a process –
(a) for making facsimile copies; or
(b) involving the use of an appliance for making
multiple copies,
and, in relation to a work held in electronic form, includes
any copying by electronic means, but does not include themaking of a film or sound recording;
“sculpture” includes a cast or model made for purposes of sculpture;
“sound recording” means-
(a) a recording of sounds from which sounds may be
reproduced; or
(b) a recording of the whole or any part of a literary,
 dramatic or musical work from which sounds
reproducing the work or part may be produced,
regardless of the medium on which the recording is made or
the method by which the sounds are reproduced or produced;
“specified country” means a country specified by the Minister by
order pursuant to section 144;
“telecommunications system’ means a system for conveying visual 
images, sounds or other information by electronic means;
“typeface” includes an ornamental motif used in printing;“unauthorized” when used to describe any act done in relation to a
work, means-IP/N/1/ATG/C/1
Page 23
(a) if copyright subsists in the work, done otherwise
than by or with the licence of the owner of thecopyright;
(b) if copyright does not subsist in the work, done
otherwise than by or with the licence of the author orperson lawfully claiming under him;
“wireless telegraphy” means the sending of electromagnetic energy
over paths not provided by a material substance constructed orarranged for that purpose;
“work” means-
(a) a literary, dramatic, musical or artistic work;
(b) a sound recording, film, broadcast or cable
programme;
(c) the typographical arrangement of a published
edition,
and accordingly “protected work” means a work of any of
such categories in which copyright subsists by virtue of thisAct;
“work of joint authorship” means a work produced by the
collaboration of two or more authors in which the contribution ofeach author is not separate from the contribution of the other authoror authors; provided the work does not qualify under collective work.
“writing” includes any form of notation, whether by hand or by
printing, typewriting or any other process and regardless of themethod by which or the medium in or on which it is recorded, and“written” shall be construed accordingly.IP/N/1/ATG/C/1
Page 24
(2) References in this Act to the time at which, or the period during
which, a work was made are references to the time or period at orduring which it was first written down, recorded or expressed in
some other material form.
Publication. 3. (1) For the purposes of this Act and subject to this section publication in
relation to a work means the issue of copies of the work to the public(whether by way of sale or otherwise) and, where the work is aliterary, musical, dramatic or artistic work, the making available ofcopies to the public by means of an electronic retrieval system; andall related expressions shall be construed accordingly.
(2) References in this Act to the issue to the public of copies of a work
are to the act of putting into circulation copies not previously put intocirculation in Antigua and Barbuda or elsewhere, and not to -
(a) any subsequent distribution sale, hiring or loan of
those copies; or
(b) any subsequent importation of those copies into
Antigua and Barbuda,
except that in relation to sound recordings, films and computer
programs, the act of issuing copies to the public includes anyrental of copies to the public.
(3) For the purposes of this Act “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 ordersare generally available to the public; or
(b) making the work available to the public by means of
an electronic retrieval system,IP/N/1/ATG/C/1
Page 25
and related expressions shall be construed accordingly.
(4) 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.
                          (5) The following do not constitute publication for the purposes of this
Act-
(a) in case of a literary, dramatic or musical work –
(i) the performance of the work; or
(ii) the broadcasting of the work or its inclusion
in a cable programme service (otherwisethan for the purposes of an electronicretrieval system);
(b) in the case of an artistic work-
(i) the exhibition of the work;
(ii) the issue to the public of copies of a graphic
work representing, or of photographs of awork of architecture in the form of abuilding or a model for a building asculpture or a work of artistic craftsmanship;
 
(iii) the issue to the public of copies of a film
including the work; or
(iv) the broadcasting of the work or its inclusion
in a cable programme service (otherwisethan for the purposes of an electronicretrieval system);IP/N/1/ATG/C/1
Page 26
(c) in the case of a sound recording or film-
(i) the playing or showing of the work in public;
or
(ii) the broadcasting of the work or its inclusion
in a cable programme service.
(6) A publication that is merely colourable and is not intended to satisfy
the reasonable requirements of the public shall be disregarded for thepurposes of this Act except in so far as it may constitute aninfringement of copyright or rights conferred on performers orpersons having recording rights or may constitute an offence under
this Act.
(7) For the purposes of this Act a publication in Antigua and Barbuda or
in any other country shall not be treated as being other than the firstpublication by reason only of an earlier publication elsewhere, if thetwo publications took place within a period of not more than thirtydays.
(8) In determining for the purposes of any provision 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 unauthorized publication or the doing of any other
unauthorized act shall be disregarded.IP/N/1/ATG/C/1
Page 27
Lawful 4.  (1) In relation to the broadcast of a work, an encrypted transmission shall
reception of  be regarded as capable of being lawfully received by members of the
broadcast. public  only if decoding equipment has been made available to
members of the public by or with the authority of the person making
the transmission or the person providing the contents of the
transmission.
(2) References in this Act to the person making a broadcast, broadcasting
a work or including a work in a broadcast are references -
(a) to the person transmitting the programme to the
extent that he has responsibility for its contents; and
(b) to any person providing the programme who makes
with the person transmitting it, the arrangementsnecessary 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
Protected Work
Requirements 5. (1) Unless otherwise specifically provided in this Act, copyright does not
for  protection. 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
(iii) the country or place of first publication, or in
the case of a broadcast or cable programme,IP/N/1/ATG/C/1
Page 28
the county or place where it is made or from
which it is sent, as the case may be.
(2) If the requirements of this Part or of section 146 are once
satisfied in respect of a work, copyright does not cease tosubsist by reason of any subsequent event.
Category of 6. (1) Copyright is a property right which, subject to the provisions
eligible works. 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 compilation of data or other material (database), whether inmachine-readable or other form, is eligible for protection as a literarywork, but such compilation shall be regarded as original only if, byreason of the selection or arrangement of its contents, the compilationconstitutes the author’s own intellectual creation; but such protectiondoes not extend to any data or other material forming part of thecompilation and is without prejudice to any copyright subsisting inany such data or other material.
                                       (3)       A literary, dramatic or musical work including a collection of
expressions of folklore (provided that such collections are
original by reason of the selection or arrangement of their
content) shall not be eligible for copyright  protectionunless it  is recorded in writing 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.
            (4) For the purposes of subsection (3), 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 thatsubsection shall affect the question whether copyrightIP/N/1/ATG/C/1
Page 29
subsists in the record of the work as distinct from the work
recorded.
                                       (5) 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.
                                       (6) Copyright does not subsist in a broadcast which infringes, or
to the extent that it infringes, the copyright in anotherbroadcast or in a cable programme.
(7) Copyright does not subsist in a cable programme-
(a) if it is included in a cable programme service by
reception and immediate re-transmission of abroadcast;or
(b) if it infringes, or to the ex tent that it infringes, the
copyright in another cable programme or in abroadcast.
(8)       Copyright does not subsist in the typographical arrangement
of a published edition if, or to the extent that it reproduces thetypographical arrangement of a previous edition.
(9) Copyright protection does not extend to-
 (a) an idea, concept, method of operation, process,
principle, procedure, system or discovery or more
data even if expressed, described, explained,
illustrated or embodied in a workIP/N/1/ATG/C/1
Page 30
(b) any official text of a legislative, administrative or
legal nature as well as any official translationthereof.
Qualification 7. (1) A work qualifies for copyright protection if the author was a
for protection: qualified person at the material time.
author.
(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 workextended over a period, a substantial part of thatperiod;
(b) a published literary, dramatic, musical or artistic
work,when the work was first published or, if the authorhad died before that time, immediately before hisdeath;
(c) a sound recording or film, when it was made;
(d) a broadcast, when the broadcast was made;
(d) 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.IP/N/1/ATG/C/1
Page 31
Qualification  8. (1) A literary, dramatic, musical or artistic work, a sound recording or
for protection: film or the typographical arrangement of a published edition qualifies
place of for copyright protection if, having regard to section 3, it is first
publication  published in Antigua and Barbuda or a specified country.
etc.
(2) A broadcast qualifies for copyright protection if it is made from a
place in Antigua and Barbuda or a specified country by abroadcasting organization in possession of a valid licence granted toit under any law in Antigua and Barbuda or a specified countryregulating broadcasting.
(3) A cable programme qualifies for copyright protection if it is sent
from a place in Antigua and Barbuda or in a specified country in
accordance with the law in force regulating transmission by cable.
Nature of 9. (1) By virtue of and subject to the provisions of this Act, the owner of
copyright the copyright in a work shall have the exclusive right to do or to
protection authorize other persons to do any of the following act in Antigua and
economic Barbuda
and moral
rights. (a) to copy the work;
(b) to issue copies of the work to the public sale, rental,
 public lending or otherwise of the original or copy of
the work that has not already been subject to adistribution authorized by the owner of thecopyright;
(c) to rent or lend to the public the original or a copy of
an audio visual work;IP/N/1/ATG/C/1
Page 32
(d) a work embodied in a phonogram, a computer
program, a data base or musical work in the form ofnotation irrespective of the original or copyconcerned;
(e) to perform the work in public or, in the case of a
sound recording, film broadcast or cable programme,to play or show the work in public;
(f) to broadcast the work or include it in a cable
programme service; or
(g) to make an adaptation of the work arrangement or
other transformation and, in relation to such
adaptation, to do any or all of the foregoing acts.
(h) to make a public display of the original or copy of
the work;
(i) other communication to the public of the work.
(2) For the purposes of subsection (1) references to the doing of any act
in relation to any work means the doing of the act –
(a) in relation to the whole or any substantial  part of the
work; and
(b) either directly or indirectly,and it is immaterial whether any intervening acts themselves
infringe copyright.IP/N/1/ATG/C/1
Page 33
(3) By virtue of and subject to the provisions of this Act -
(a) the author of a literary, dramatic, musical or artistic
work that is a protected work; or
(b) the director of a film that is a protected work, shall
have in respect of such work, whether or not he is theowner of the copyright in the work, the moral rightsspecified in Part III.
Duration of Copyright Protection
Duration of 10. (1) Subject to this section, copyright in any literary, dramatic, musical or
copyright artistic work expires at the end of the period of fifty years from the
in literary, end of the calendar year in which the author dies.
etc. works .
(2) Where the authorship of a work referred to in subsection (1) is
unknown, copyright in that work expires at the end of the period offifty years from the end of the calendar year in which the work waseither made, was first made available to the public or first publishedwhatever date is the latest, but subsection (1) does 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 is broadcast
or inclusion in a cable programme service;
(b) in relation to an artistic work, exhibition of the work
in public or its inclusion in a film shown to thepublic or in a broadcast or cable programme service,IP/N/1/ATG/C/1
Page 34
so, however,  that in determining for the purpose of this
subsection whether a work has been made available to the
public any authorized act shall be disregarded.
(4) Subsections (1) and (2) do not apply to computer generated work, he
copyright in which expires at the end of the period of the fifty yearsfrom the end of the calendar year in which the work was made.
(5) In relation to a work joint authorship –
(a) the reference in subsection (1) to the death of the
author shall be construed -
                         (i) where the identity of all the authors is
known, as a reference to the death of the lastof 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 isknow; and
(b) the reference in subsection (2) to the identity of the
author becoming known, shall be construed as areference to the identity of any of the authorsbecoming known.
(6) This section does not apply to copyright which subsists by virtue of
section 146.
Duration of 11. (1) Copyright in a sound recording or film expires at the end of the
copyright in period of fifty years from the end of the calendar year in which it was
sound made or, where it is made available to the public before the end of
recordings the period, fifty years from the end of the calendar year in which it is
and films. so made available.IP/N/1/ATG/C/1
Page 35
(2) For the purposes of subsection (1) a sound recording or film is made
available to the public when -
(a) it is first published, broadcast or included in a cable
programme service;
(b) in the case of a film or film sound-track, the film is first
shown in public,
but determining whether a sound recording or film has been made
available to the public, any unauthorized act shall be disregarded.
Duration of 12. (1) Copyright is a broadcast or cable programme expires at the end of the
copyright in period of fifty years from the end of the calendar year in which the
broadcasts broadcast was made or the programme included in a cable
and cable programme service.
programmes.
(2) Copyright in a repeat broadcast or a repeat cable programme expires
at the same time as copyright in the original broadcast or cableprogramme; and accordingly, no copyright arises in respect of arepeat broadcast or a repeat cable programme service after the expiryof the copyright in the original broadcast or cable programme.
(3) Reference in subsection (2) to a repeat broadcast or a repeat
programme means one which is a repeat of a broadcast previouslymade or as the case may be, of a cable  programme previouslyincluded in a cable programme service.
Duration of 13. Copyright in the typographical arrangement of a published edition expires at
copyright in the end of the period of twenty-five years from the end of the calendar year in
typographical which the edition was first published.
arrangements.IP/N/1/ATG/C/1
Page 36
PART III – MORAL RIGHTS AND RELATED RIGHTS
Identification with Work
Right to be 14. (1) Subject to subsection (9) and to such exceptions as may be specified
identified as in or pursuant to any other provision of this Act, the author of a
author etc.  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 to be identified by name as the author or, as the case maybe, director of the work in the circumstances specified  in thissection.
(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 beidentified by name as such whenever -
(a) the work or an adaptation thereof is published
commercially, performed in public broadcast orincluded in a cable programme service; or
(b) copies of a film or sound recording including the
work or an adaptation thereof are issued to thepublic.
(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 beidentified by name as such whenever –
(a) the work or an adaptation thereof is published commercially;
(b) copies of a sound recording of the work or an adaptation
thereof are issued to the public; 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.IP/N/1/ATG/C/1
Page 37
(4) The author of an artistic work has the right to be identified by name
as such whenever –
(a) the work is published commercially or exhibited in
public or a visual image of it is broadcast or included
tin a cable programme service;
(b) a film including a visual image of the work is shown
in public or copies of such a film are issued to thepublic; or
(c) in the case of a work of architecture in the form of a
building or a model for a building, a sculpture or a
work of artistic craftsmanship, copies of a graphic
work representing it or of a photograph of it, areissued to the public.
(5) In addition to the right specified in paragraph (c) of subsection (4),
the author of a work of architecture in the form of a building has theright to be identified by name 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 by name as such
whenever the film is shown in public, broadcast or included in acable programme service or copies of the film are issued to thepublic.
(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 notappropriate, in some other manner likely to bring hisidentity to the notice of a person acquiring a copy;IP/N/1/ATG/C/1
Page 38
(b) in the case of identification on a building, to be
 identified by appropriate means visible to persons
entering or approaching the building; and
(b) in any other case, to be identified in a manner likely to bring
his identity to the attention of a person seeing or hearing theperformance, exhibition, film, broadcast or cable programmein question, and the identification must, in each case, be clearand reasonably prominent.
(c) 
(8) For the purposes of this section, any reasonable form of identification
may be used.
(9) Except as may otherwise be explicitly provided by contract, the right
conferred by this section does not apply in relation to-
(a) a computer program, the design of a typeface or a
computer-generated work;
(b) any work made for the purpose of reporting current
events;
(c) the publication in a newspaper, magazine or similar
periodical or in an encyclopaedia, dictionary,yearbook or other collective work of’ reference, of a
literary, dramatic, musical or artistic work made for
the purposes of such publication or made availablewith the consent of the author for purposes of suchpublication;
(d) a work in which copyright originally vested in an
international organization by virtue of section 146,unless the author or director has previously beenidentified as such in or on published copies of the
work.IP/N/1/ATG/C/1
Page 39
(10) For the purposes of this section the right identified includes a right not to be
identified and the right to use a pseudonym.
Objection to Treatment of Work
Right to 15. (1) Subject to subsections (2) and (3) and to such exceptions as may be
object  to specified in or pursuant to any other provision of this Act, the author of a
derogatory literary dramatic, musical or artistic work that is a protected work and the
treatment director of a film that is a protected work have, respectively, the right not
of work.              to have the work or any part thereof subjected to derogatory treatment, and
such right is infringed by any person who does any of the acts specified in
section 37 in the circumstances of so specified.
              (2) The right does not apply in relation to -
(a) a computer program or to a computer-generated
work;
(b) fair dealing with any work made for the purpose of
 reporting current events;
(c) the publication in any newspaper, magazine or
similar periodical or in an encyclopaedia, dictionary,yearbook or other collective work of reference, of aliterary, dramatic musical or artistic work made forthe purposes of such publication, or made available
with the consent of the author for the purposes of
such publication, subject, in any particular case, toany agreement excluding the operation of theforegoing provisions of this paragraph to that case;
(d) any subsequent publication elsewhere of such work
as is referred to in paragraph (c), subject to any suchagreement as is referred to in that paragraph.
(3) The right does not apply to anything done by or with the authority of
the copyright owner in relation to works in which copyrightIP/N/1/ATG/C/1
Page 40
originally vested in an international organization by virtue of section
146 unless the author or director-
(a) is identified at the time of the relevant act; or
(b) has previously been identified in or on published
copies of the work, and where in such a case theright does apply, it is not infringed if there is asufficient disclaimer.
(4) In this section-
“derogatory treatment” in relation to a work, means any
addition to, deletion from, alteration to or adaptation of
the work (not being a translation of a literary or dramaticwork or an arrangement or transcription of a musicalwork involving no more than a change of key or register)which amounts to a distortion or mutilation of the work,or modification of, or is otherwise prejudicial to thehonour or reputation of the author or director, as the casemay be; and
                                                   (b) “sufficient disclaimer” means a clear and reasonably
prominent indication-
(i) given at the time of the act; and
(ii) if the author or director is then identified,
appearing along with the identification,
that the work has been subjected to treatment to which
the author or director has not consented.IP/N/1/ATG/C/1
Page 41
Related Rights
False 16. (1) A person has the right -
attribution 
of work. (a) not to have a literary, dramatic, musical or artistic
work falsely attributed to him as author; and
(b) not to have a film falsely attributed to him as
director, and in this section “attribution”, in relationto such work, means a statement, whether express orimplied, as to the identity of the author or director.
(2) The right conferred by subsection (1) is infringed in the
circumstances specified in section 40.
Right to 17. Subject to section 41, a person who for private and domestic purposes
privacy of commissions the taking of a photograph or the making of a film has, where
photographs the resulting work is a protected work, the right not to have-
and films.
(a) copies of the work issued to the public;
(b) the work exhibited or shown in public; or
(c) the work broadcast or included in a cable programme service.
                Supplementary
Duration of 18. (1) The rights conferred by sections 14, 15 and 17 subsists so long as
moral rights copyright subsists in the work.
and related
rights. (2) The right conferred by section 16 subsists until the end of the
period of twenty years from the end of the calendar year in which the person dies.IP/N/1/ATG/C/1
Page 42
Consent and 19. (1) A person having a right conferred under this Part may consent to the
waiver of doing of any act affecting such right or may waive the right.
rights.
(2) A right to which subsection (1) refers may be waived by instrument
in writing signed by the person giving up the right, and the waiver –
(a) may relate to works generally or to a specific work or class
of works and may relate to existing or future
works; and
(b) may be conditional or unconditional and may be
expressed to be subject to revocation.
(3) Where a waiver is made in favour of the owner or prospective owner
of the copyright in the work or works, to which it relates, it shall bepresumed to extend to his licensees and successors in title, unless acontrary intention is expressed.
(4) Nothing in this Part shall be construed as excluding the operation of
the general law of contract or estoppel in relation to an informalwaiver or other transaction in relation to any of the rights to which
this Part relates.
Application 20. (1) The right conferred under section 14 is, in the case of a work of joint
of provisions  authorship, a right of each joint author to be identified as a joint
to joint author.
works.
(2) The right conferred by section 15 is, in the case of a work of joint
authorship, a right of each joint author and his right is satisfied if heconsents to the treatment in question.
(3) A waiver of rights under section 19 by one joint author does not
affect the rights of the other joint authors.IP/N/1/ATG/C/1
Page 43
(4) Subsections (1), (2) and (3) also apply, with such modifications as
are necessary, in relation to a film which was, or is alleged to havebeen, jointly directed as they apply to a work which is, or alleged tobe, 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 distinctfrom that of the other director or directors.
(5) The right conferred by section 17 is, in the case of a work made in
pursuance of a joint commission, a right of each person whocommissioned the making of the work, so that -
(a) the right of each is satisfied if he consents to the act in
question; and
(b) a waiver under section 19 by one of them does not affect the
rights in the others.
Application 21. The rights conferred by –
of provisions
to parts of (a) sections 14 and 17 apply in relation to the whole or any
work. Substantial part of a work; and
(c) sections 15 and 16 apply in relation to the whole or any part
of a work.
PART IV  - OWNERSHIP AND ASSIGNMENT OF RIGHTS
Ownership of Copyright
Ownership 22. (1) The author of a protected work is the original owner of any copyright
of copyright. In that work unless there is an agreement to the contrary.
(2) Subsection (1) does not apply to ownership of copyright which
subsists in a work made under section 146.IP/N/1/ATG/C/1
Page 44
(3) The joint authors of a protected work are the original co-owners of
the copyright in that work.
(4) Where a work of joint authorship consists of parts that can be used
separately and the author of each part can be identified, the author ofeach part is the original owner of the part of the copy he has created.
(5) The natural person or legal entity at whose initiative and direction of
whom or which the work has been created is the original owner ofthe copyright.
(6) The original owner of work created by natural person or a legal entity
in the course of his employment is, unless otherwise provided in a
contract, of the employer.
(7) The original owner of an audiovisual work is the producer unless
otherwise provided in a contract.
Assignment 23. (1) Copyright in a work may be transferred as personal or moveable
and licences. property by –
(a) assignment;
(b) testamentary disposition; or(c) operation of law,and a transfer by way of assignment shall not be effective unless it is
in writing and signed by or on behalf of the assignor or the licensor
and the licensee.
(2) An assignment or other transfer of copyright may be partial, that is to
say, limited so as to apply-
(a) to one or more, but not all, of the things the owner of the copyright
has the exclusive right to do;IP/N/1/ATG/C/1
Page 45
(b) to part, but not the whole, of the period for which
copyright subsists.
(3) A licence granted by the owner of copyright in a work shall be
binding on every successor in title to his interest in copyright excepta purchaser in good faith for valuable consideration and withoutnotice (actual or constructive) of the licence or a person deriving titlefrom such a purchaser; and references in this Act to doing anythingwith or without the licence of the owner of the copyright shall beconstrued accordingly.
(4) Any assignment of a copyright or a licence to do an act subject to
authorization by the author or the owner of a copyright does not
include or be deemed to include the assignment or license of anyother right that is not specifically referred to in the instrument ofassignment.
Prospective 24. (1) Where by an agreement made in relation to future copyright, and
ownership of  signed by or on behalf of the prospective owner of the copyright, the
copyright. prospective owner purports to assign the future copyright (wholly or
partially) to another person, then, if on the coming into existence of
the copyright the assignee or another person claiming under himwould be entitled as against all other persons to require the copyrightto be vested in him, the copyright shall vest in the assignee or hissuccessor in title by virtue of this subsection.
(2) A licence granted by a prospective owner of copyright is binding on
every successor in title to his interest (or prospective interest) in theright, 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 todoing anything with or without the licence of the copyright ownershall be construed accordingly.IP/N/1/ATG/C/1
Page 46
Rights of 25. (1) The licensee under an exclusive licence has the same rights against a
exclusive successor in title who is bound by the licence as he has against the
licensee. person granting the licence.
Copyright in 26. (1) Where under a bequest (whether specific or general) a person is
manuscript entitled, beneficially or otherwise, to –
passes under
will.             (a) an original document or other material thing that
records or embodies a literary, dramatic, musical orartistic work which was not published before thedeath or the testator; or
(b) an original material thing containing a sound
recording or film which was not published before the
death or the testator,
then, unless a contrary intention is indicated in the testator’s
will or a codicil to it, the bequest shall be construed asincluding the copyright in the work in so far as the testatorwas the owner of the copyright immediately before his death.
Moral 27. The rights conferred under Part III are not assignable during the life of the
rights not author.
assignable.
Transmission 28. (1) On the death of a person entitled to the right conferred by section 14,
of moral 15 or 17 –
rights etc.
on death.
(a) the right passes to such person as he may by
testamentary disposition specifically direct; or
                                                    (b) if there is no such direction but the copyright in the
work in question forms part of his estate, the rightpasses to the person to whom the copyright passes,IP/N/1/ATG/C/1
Page 47
and if, or to the extent that, the right does not pass under
paragraph (a) or (b), it is exercisable by his personalrepresentatives.
(2) Where copyright forming part of a person’s estate passes in part to
one person and in part to another any right which passes with thecopyright by virtue of subsection (1) is correspondingly divided.
(3) Where by virtue of paragraph (a) or (b) of subsection (1) a right
becomes exercisable by more than one person, then –
(a) where the right is conferred by section 15 or 17, it is
a right exercisable by each of them and is satisfied in
relation to any of them if he consents to the treatmentor act in question; and
             (b) any waiver of the right in accordance with section 19
by one of them does not affect the rights of theothers.
(4) A consent or waiver previously given binds any person to whom a
right passes by virtue of subsection (1).
(5) Any infringement after a person’s death of the right conferred by
section 16 is actionable by his personal representatives.
(6) Any damages recovered by personal representatives by virtue of this
section in respect of an infringement after a person’s death shalldevolve as part of his estate as if the right of action had subsisted and
been vested in him immediately before his death.IP/N/1/ATG/C/1
Page 48
PART V - INFRINGEMENT OF RIGHTS
General Provisions
Meaning of 29. In this Part “action” includes a counterclaim and references to the plaintiff
“action”. and to the defendant in an action shall be construed accordingly.
Part subject 30. This Part shall have effect subject to such provisions of this Act as –
to other
provisions. (a) authorize the doing of specified acts in relation to a protected
work; or
(b) provide for the licensing of a protected work.
Infringement of Copyright
Acts 31. (1) The copyright in a work is infringed by any person who, without the
infringing licence of the copyright owner, does, in relation to that work, any of the acts
copyright. which the copyright owner has the exclusive right to do pursuant to section 9.
(2) Copyright in a work is infringed by a person who, without the licence of the
copyright owner, imports into Antigua and Barbuda for any purpose other
than for his private and domestic use, an article which he knows or has reason
to believe is, an infringing copy of the work.
(3) Copyright in a work is infringed by a person who, without the licence of the
copyright owner -
(a) possesses in the course of a business;
(b) sells or lets for hire or offers or exposes for sale or hire;
                                       (c) exhibits in public or distributes in the course of a business; or
                                                    (d) distributes otherwise than in the course of a business, to such
an extent as to affect prejudicially the copyright owner,
                                                an article which is, and which be knows or has reason to believe is an
                                       infringing copy of the work.IP/N/1/ATG/C/1
Page 49
(4) Copyright in a work is infringed by a person who, without the licence
 of the copyright owner –
(a) makes;
(b) imports into Antigua and Barbuda;
(c) possesses in the course of a business; or
(d) sells or lets for hire or offers for sale or hire,an article specifically designed or adapted for making copies
of that work, knowing or having reason to believe that it is tobe used to make infringing copies.
(5) Copyright in a work is infringed by a person who, without the licence
of the copyright owner, transmits the work by means of atelecommunications system (otherwise than by broadcasting orinclusion 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 Antigua and Barbuda orelsewhere.
(6) Where the copyright in a literary, dramatic or musical work is
infringed by a performance at a place of public entertainment, anyperson who gave permission for that place to be used for theperformance is also liable for the infringement unless when he gavepermission he believed on reasonable grounds that the performance
would not infringe copyright.
(7) 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 bymeans of apparatus for playing sound recordings or showing films orIP/N/1/ATG/C/1
Page 50
receiving visual images or sounds conveyed by electronic means, the
persons specified in subsection (8) are also liable for theinfringement.
(8) The persons referred to in subsection (7) are –
(a) persons who supplied the apparatus or any
substantial part of it, if when he supplied theapparatus or part -
(i) he knew or had reason to believe that the
apparatus was likely to be so used as toinfringe copyright; or
(ii) in the case of apparatus whose normal use
involves a public performance, playing or
showing, he did not believe on reasonable
grounds that it would not be so used as to
infringe copyright;
(b) an occupier of premises who gave permission for the
apparatus to be brought onto the premises, if whenhe gave permission he knew or had reason to believethat the apparatus was likely to be so used as toinfringe copyright; and
(c) a person who supplied a copy of a sound recording
or film used to infringe copyright, if when he
supplied it he knew or had reason to believe thatwhat he supplied or a copy made directly orindirectly from it, was likely to be so used as toinfringe copyright.
Remedies of Copyright Owner
Action by 32. (1) An infringement of copyright shall be actionable at the suit of the
owner of  copyright owner, and subject to the provisions of this section, in any
copyright. action for such an infringement all such relief by way of damages,IP/N/1/ATG/C/1
Page 51
injunction, accounts or otherwise, shall be available to the plaintiff as
is available in respect of the infringement of other proprietary rights.
(2) Where in an action under this section an infringement of copyright is
proved or admitted the court, having regard to any benefit accruing to
the defendant by reason of the infringement, to the flagrancy of theinfringement and to all other material considerations, shall havepower to award such additional damages as the court may considerappropriate in the circumstances.
(3) Where in an action for infringement of copyright it is shown that at
the time of the infringement the defendant did not know and had noreason to believe that copyright subsisted in the work to which the
action relates, then, the plaintiff is not entitled to damages against
him, but without prejudi ce to any other remedy.
Order for 33. (1) Subject to the provisions of this section and section 35 (6), where a
delivery up  person –
in civil
proceedings. (a) in the course of his business has an infringing copy
of a work in his possession, custody or control; or
(b) has in his possession, custody or control an article
 specifically designed or adapted for making copies
of a particular protected work, knowing or havingreason to believe that it has been or is being used tomake infringing copies,
the copyright owner may apply to the court for an order that
the infringing copy or article be delivered up to him or to
such other person as the court may direct.
(2) An application under subsection (1) shall not be made after the end of
the period specified in section 138 (1); and no order shall be madeunless the court also makes, or it appears to the court that there areIP/N/1/ATG/C/1
Page 52
grounds for making, an order under section 137 for the disposal of
the infringing copy or article, as the case may be.
(3) A person to whom an infringing copy or other article is delivered up
pursuant to an order made under this section shall, if an order under
section 137 is not made, retain it pending the making of an order or
the decision not to make an order, under that section.
Remedies of Exclusive Licensee
Infringement 34. An exclusive licensee has, except against the copyright owner, the same
of rights of rights and remedies in respect of matters occurring after the grant of the
exclusive licence as if the licence had been an assignment.
licensee.
Infringement 3 5. (1) The rights and remedies of an exclusive licensee are concurrent with
where rights those of the copyright owner and references in the relevant provisions
concurrent. of this Act to the copyright owner shall be construed accordingly.
(2) In an action brought by an exclusive licensee by virtue of this
section, defendant may avail himself of any defence which wouldhave been available to him if the action had been brought by thecopyright owner.
(3) Where an action for infringement of copyright is brought by the
copyright owner or by an exclusive licensee, and the action relates(wholly or partly) to an infringement in respect of which they haveconcurrent rights of action, the copyright owner or the exclusivelicensee, as the case may be, shall not be entitled, except with theleave of the court, to proceed with action, unless the other party iseither joined as a plaintiff in the action or added as a defendant; butthis subsection shall not affect the granting of an interlocutory
injunction on the application of either of them.IP/N/1/ATG/C/1
Page 53
(4) A copyright owner or exclusive licensee who is added as a defendant
in pursuance of subsection (2) is not liable for any costs in the actionunless he takes part in the proceedings.
(5) Where an action for infringement of copyright is brought which
relates (wholly or partly) to an infringement in respect of which thecopyright owner and an exclusive licensee have or had concurrentrights of action, then, whether or not the copyright owner and theexclusive licensee are both parties to the action, the court -
(a) shall, in assessing damages take into account the
terms of the licence and any pecuniary remedyalready awarded or available to either of them in
respect of the infringement;
(b) shall not direct an account of profits if an award of
damages has been made or an account of profits hasbeen directed in favour of the other of them inrespect of the infringement; and
              (c) shall, if an account of profits is directed, apportion
the profits between them as the court considers just,
subject to any agreement between them.
(6) The copyright owner shall notify any exclusive licensee having
concurrent rights before applying under section 33 for an order forthe delivery up of infringing copies of a work, and the court may, onthe application of the licensee, having regard to the terms of thelicence, make such order under section 33 as it thinks fit.
Infringement of Moral Rights and Related Rights -
Infringement 36. (1) Subject to subsection (2), the right conferred by section 14 is
of right to be infringed by any person who fails to identify the author of a work or
identified as the director of a film whenever any action specified in that section
author or occurs in relation to that work or film.
director.IP/N/1/ATG/C/1
Page 54
(2) The following acts shall not constitute an infringement of the right
conferred by section 14 in relation to a work to the extent that suchacts are permitted under Part VI in relation to the work-
(a) fair dealing with the work for the purposes of criticism,
review or the reporting of current events by means of a soundrecording, film, broadcast or cable programme;
(b) the incidental inclusion of the work in an artistic work, sound
recording, film, broadcast or cable programme;
(c) the use of the work for examination purposes;
(d) acts done for the purposes of parliamentary or judicial 
proceedings or proceedings of a statutory inquiry;
(e) the use of design documents and models;
(f) the use of a design derived from artistic work;
             (g) acts permitted in relation to anonymous or
pseudonymous works on the assumption thatcopyright in the work has expired or that the authoris dead.
Infringement 37. (1) The right conferred on an author and a director by section 15 to
of right to  object to derogatory treatment of his work is infringed where the acts
object to described in subsections (2) to (5) are done in relation to that work;
derogatory and for the purposes of this Part, “derogatory treatment” has the same
treatment meaning as that specified in section 15(4).
of work.IP/N/1/ATG/C/1
Page 55
(2) In the case of a literary, dramatic or musical work, the right is
infringed by a person who-
(a) publishes commercially, performs in public, broadcasts or
includes in a cable programme service, a derogatory
treatment of the work; or
(b) issues to the public copies of a film or sound recording of or
including a derogatory treatment of the work.
(3) In the case of an artistic work, the right is infringed by a person who-
(a) publishes commercially or exhibits in public a
derogatory treatment of the work, or broadcasts or
includes in a cable programme service a visual imageof a derogatory treatment of the work;
(b) shows in public a film including a visual image of a
derogatory treatment of the work or issues to thepublic copies of such a film; or
(c) in the case of a work of architecture in the form of a
model for a building or in the case of a sculpture orwork of artistic craftsmanship, issues to the publiccopies of a graphic work representing, or of aphotograph of, a derogatory treatment of the work.
(4) Subsection (3) 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.IP/N/1/ATG/C/1
Page 56
(5) In the case of a film, the right is infringed by a person who –
(a) shows in public, broadcasts or includes in a cable programme
service a derogatory treatment of the film; or
(b) issues to the public copies of a derogatory treatment of the
film, or who, along with the film, plays in public, 
broadcasts or includes in a cable programme service,
or issues to the public copies of, a derogatory treatment of 
the film sound-track.
Infringement 38. (1) The right conferred by section 15 is also infringed by a person who –
by possession
of infringing (a) possesses in the course of a business; or
article.
(b) sells  or lets for hire or offers or exposes for sale or
hire; or
(c) in the course of a business, exhibits in public or
 distributes;
(d) distributes otherwise than in the course of a business, so as to
affect prejudicially the honour or reputation of the author ordirector,
an article which is, and which he knows or has reason to
believe is an infringing article.
(2) An “infringing article” means a work or a copy of a work which-
(a) has been subjected to derogatory treatment as defined in
section 15; and
(b) has been or is likely to be the subject of any of the acts
mentioned in sections 37 in circumstances infringing that
right.
Act not 39.  (1) The right conferred by section 15 is not infringed by any act done forIP/N/1/ATG/C/1
Page 57
infringing  the purpose of -
section 15.
(a) avoiding the commission of an offence; or
(b) complying with a duty imposed by or under an
enactment,
so, however, that where the author or director is identified at
the time of the relevant act or has previously been identifiedin or on published copies of the work, there shall be asufficient disclaimer.
(2) In subsection (1) “sufficient disclaimer” means a clear and
reasonably prominent indication –
(a) given at the time of the act; and
(b) if the author or director is then identified, appearing
 along with the identification,
that the work has been subjected to treatment to which the
author or director has not consented.
False 40. (1) Subject to the provisions of this section, the right conferred on a
attribution  person by section 16 not to have a literary, dramatic, musical or
of work: artistic work falsely attributed to him as author or a film falsely
infringement attributed to him as director, is infringed by a person who-
of right.
(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 –IP/N/1/ATG/C/1
Page 58
(a) in the case of a literary, dramatic or musical work,
performs the work in public, broadcasts it or includesit in a cable programme service as being the work of
a person; or
(b) in the case of a film, shows it in public, broadcasts it
or includes it in a cable programme service as beingdirected by a person, knowing or having reason tobelieve that the attribution is false.
(3) The right is also infringed by any person who issues to the public or
displays in public any material containing a false attribution in
connection with any act referred to in subsection (1) or (2).
(4) The right is also infringed by a person who, in the course of a
business –
(a) possesses or deals with a copy of a work referred to
in subsection (1) in or on which there is a falseattribution; or
(b) in the case of an artistic work., possesses or deals
with the work itself when there is a false attributionin or on it,
knowing or having reason to believe that there is an
attribution and that it is false.
                (5) In the case of an artistic work, the right is also infringed by a person
who in the course of a business-
(a) deals with a work which has been altered after the author 
parted with possession of it as being the unaltered
work of the author; or
(b) deals with a copy of such a work as testing a copy of theIP/N/1/ATG/C/1
Page 59
unaltered work of the author,
knowing or having reason to believe that such is not the case.
(6) References in this section to dealing are to selling or letting for hire,
offering or exposing for sale or hire, exhibiting in public or distributing.
(7) This section applies where a work is falsely represented as being an
adaptation of the work of a person as it applies where the work isfalsely attributed to a person as author.
Infringement 41. The right conferred by section 17 in relation to a commissioned photograph
of privacy or film is infringed by a person who does or authorizes the doing of any act
right in mentioned in that section in relation to that work; but the right is not
photographs etc. infringed by any act which, pursuant to Part VI, would not infringe copyright
in the work.
Effect of 42. It is not an infringement of any right conferred by section 14, 15, 16 or 17 to
consent and do any act to which the person entitled to the right has consented pursuant to
waiver  of section 19 or in respect of which he has given a waiver pursuant to that
rights. section.
Remedies for infringement of Moral Rights and Related Rights
Remedies 43. (1) The infringement of a right conferred under section 14, 15, 16 or 17
for infringing is actionable as a breach of statutory duty owed to the person entitled
moral rights to the right.
etc.
(2) In an action for infringement of the right conferred by section 15, the
court may, if it thinks it an adequate remedy in the circumstances, grant
an injunction on terms prohibiting the doing of any act unless adisclaimer is made on such terms and in such manner as may be
approved by the court, dissociating the author or director from theIP/N/1/ATG/C/1
Page 60
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 term and in such manner as the court
may direct.
Presumptions
Presumptions 44.  (1) In an action brought by virtue of this Part with respect to a literary,
where action dramatic, musical or artistic work, the presumptions specified in this   
relates to section shall apply.
literary
works, etc. (2) Where a name purporting to be that of the author appeared on the
work when it was made or on copies of the work as published, it shall
be presumed that the person whose name appeared is the author of the work
and also the owner of literary copyright in the work, until the contrary is
proved.
(3) Subsection (2) applies to pseudonym, where the pseudonym leaves
no doubt as to the identity of the author.
(4) In the case of a work alleged to be a work of joint authorship,
subsection (2) applies in relation to each person alleged to be one ofthe authors.
(5) Where no name purporting to be that of the author appeared as
mentioned in subsection (2) but –
(a)  pursuant to section 8(1), the work qualifies for
              copyright protection by virtue of the country of first publication;
              and
(b) a name purporting to be that of the publisher
appeared on the copies of the work as first published,IP/N/1/ATG/C/1
Page 61
then, it shall be presumed that the person whose name
appeared as the publisher was the owner of copyright at the
time of publication, until the contrary is proved.
(6) Where the author of the work is dead or where the identity of the
author cannot be ascertained by reasonable inquiry, it shall be
presumed, until the contrary is proved –
(a) that the work is an original work; and
(b) that the plaintiff’s allegations as to what was the first
publication of the work and as to the country of first
publication are correct.
Presumptions   45. (1) In an action brought by virtue of this Part with respect to a
where action sound recording, film or computer program, the
relates to presumptions specified in this section shall apply.
sound record-
ing, film or
computer
programme.                  (2) In an action brought by virtue of this Part with respect to a
sound recording, where copies of the recording as issued to
the public bear a label or other mark stating –
(a) that a named person was the owner of copyright in
the recording at the date of issue of the copies; or
(b) that the recording was first published in a specified
year or in a named country,
the label or mark shall be admissible as evidence of the facts
stated and shall be presumed to be correct until the contrary
is proved.
                                  (3)           In an action brought by virtue of this Part with respect to a
film, where copies of the film as issued to the public bear a
statement–IP/N/1/ATG/C/1
Page 62
(a) that a named person was the author or director of the
film;
(b) that a named person was the owner of copyright in
the film at the date of issue of the copies; or
(c) that the film was first published in a specified year or
in a named country,
the statement shall be admissible as evidence of the facts
stated and shall be presumed to be correct until the contrary
is proved.
          (4)         In an action brought by virtue of this Part with respect to a
computer programme, where copies of the programme are
issued to the public in electronic form bearing a statement –
(a) that a named person was the owner of copyright in
the programme at the date of issue of the copies; or
(b) that the programme was first published in a named
country or that copies of it were first issued to the
public
                                             in electronic form in a specified year, the statement shall be
admissible as evidence of the facts stated and shall be
presumed to be correct until the contrary is proved.
            (5) The presumptions specified in subsections (2), (3) and (4)
apply equally in an action relating to an infringement alleged
to have occurred before the date on which the copies were
issued to the public.
            (6) In an action brought by virtue of this Part with respect to a
film, where the film as shown in public, broadcast or
included in a cable programme service bears a statement –
(a) that a named person was author or director of the
film;
(b) that a named person was the owner of copyright in
the film immediately after it was made,
the statement shall be admissible as evidence of the facts
stated and shall be presumed to be correct until the contrary
is proved; and the presumption applies equally in an actionrelating to an infringement alleged to have occurred beforeIP/N/1/ATG/C/1
Page 63
the date on which the film was shown in public, broadcast or
included in a cable programme service.
Offences
Penalties in 46. (1) Any person who at a time when copyright in a work subsists
respect of by virtue of  this Act-
dealings (a) makes for sale or hire; or
which infringe (b) in the course of a business sells or lets for hire, or
copyright. Offers or exposes for sale or hire, exhibits in public
or distributes; or
(c) imports into Antigua and Barbuda for purposes other
than his private and domestic use; or
(d) distributes otherwise than in the course of a business
to such an extent as to affect prejudicially the owner
of the copyright,
any article which he knows or has reason to believe is an
infringing copy of that work, commits an offence.
(2) Any person who, at the time when copyright subsists in a work
 by virtue of this Act, makes or has in his possession an article
specifically designed or adapted for making copies of that work,
knowing that it is to be used for making infringing copies for
sale or hire or for use in the course of business, commits an
offence.
(3) Any person who causes-IP/N/1/ATG/C/1
Page 64
(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 programme)
                                              knowing or having reason to believe that copyright subsists
in the work and that the performance, playing or showing, as
the case may be, constitutes an infringement of the copyright,
commits an offence.
(4) Any person who is guilty of an offence under subsection (1) is liable-
(a) on summary conviction to a fine not exceeding five
thousand dollars or to imprisonment for a term not
exceeding two years or to both such fine and
imprisonment;
(b) on conviction on indictment to a fine not exceeding
five thousand dollars or to imprisonment for a term
not exceeding three years or to both such fine andimprisonment.
                                        (5) Any person who is guilty of an offence under subsection (2) or (3) is
liable –
(a) on summary conviction to a fine not exceeding two
thousand dollars or to imprisonment for a term not
exceeding two years or to both such fine andimprisonment;IP/N/1/ATG/C/1
Page 65
(b) on conviction on indictment  to a fine not exceeding
five thousand dollars or to imprisonment for a term
not exceeding two years or to both such fine and
imprisonment.
(6) Any person who manufactures or imports into Antigua and Barbuda
for sale or rental-
           (a) any device or means specifically designed or adopted
to circumvent any device or means intended toprevent or restrict reproduction of a work, aphonogram or a broadcast or to impair the quality ofcopies made;
(b) any device or means that is susceptible to enable or
assist the reception of an encrypted program, whichis broadcast or otherwise communicated to the public
including by satellite, by those who are not entitled
to receive the programme;
commits an offence and is liable on conviction to a fine not
exceeding ten thousand dollars or to a term of imprisonmentnot exceeding two years.
(7) Any person who-
(a) removes or alters any electronic rights management
information without authority; or
(b) distributes or imports for distribution, broadcasting,
communication to the public or making available to
the public, without authority, of works performances,
phonograms or broadcasts, knowing or having
reason to know that electronic rights managementIP/N/1/ATG/C/1
Page 66
information has been removed or altered without
authority commits an offence and is liable on
conviction to a fine not exceeding ten thousand
dollars or to a term of imprisonment not exceeding
two years.
Presumptions 47. The presumptions specified in sections 44 and 45 do not
not to apply. apply to proceedings for an offence under section 46, but
without prejudice to their application to proceedings for an
order under section 48.
Order to 48. (1) Subject to subsection (2), the court before which
deliver proceedings are brought against a person for an offence
up in criminal under section 46 may, if it is satisfied that at the time of his
proceedings.  arrest or charge –
(a) he had in his possession, custody or control in the
course of a business an infringing copy of aprotected work; or
(b) he had in his possession, custody or control an article
specifically designed or adapted for making copies
of a particular protected work knowing or having
reason to believe that it had been or was to be used tomake infringing copies,
order that the infringing copy or article be delivered up to the
copyright owner or to such other person as the court maydirect.
(2) An order maybe made by the court of its own motion or on theIP/N/1/ATG/C/1
Page 67
application of the prosecution and may be made whether or not the
person is convicted of the offence, so, however, that the court shallnot make an order-
(a) after the time specified in section 138, or
(b) if it appears to the court unlikely that any order will
be made under section 137.
(3) An appeal lies to the Court of Appeal from an order made under this
section by a Magistrate’s Court.
(4) A person to whom an infringing copy or other article is delivered up
in pursuance of an order under this section shall retain it pending themaking of an order or the decision not to make an order under section137.
Supplementary
Application 49. For the purposes of this Part, sections 140 and 141 apply in respect of the
of provisions  entry and search of any premises.
re entry etc.
Restricting 50. (1) The owner of the copyright in any published literary, dramatic or
importation of musical work may give notice in writing to the Comptroller of
infringing  Customs –
copies.
(a) that he is the owner of the copyright in the work; and
(b) that he requests the Comptroller of Customs to treat
as prohibited goods under the Customs Control andManagement Act, No. 7 of 1993 during a periodspecified in the notice, printed copies of the work
which are infringing copies.IP/N/1/ATG/C/1
Page 68
(2) The period specified in a notice given under subsection (1) shall not
exceed five years and shall not extend beyond the end of the periodfor which the copyright may subsist.
(3) The owner of the copyright in a sound recording or film may give
notice in writing to the Comptroller of Customs-
(a) that he is the owner of the copyright in the work;
(b) that infringing copies of the work are expected to
arrive in Antigua and Barbuda at a time and a placespecified in the notice; and
(c) that he requests the Comptroller to treat the copies as
 prohibited goods under the Customs Control and
Management Act.
(4) Subject to subsection (5), where a notice has been given in
accordance with this section, the importation into Antigua andBarbuda of goods to which the notice relates is prohibited; but-notwithstanding anything contained in the Customs Control and
Management Act, No. 7 of 1993, a person is not liable to any penalty
under that Act other than forfeiture of the goods, by reason that anygoods are treated as prohibited goods by virtue of this section.
(5) The importation of any article by a person for his private and
domestic use is not prohibited under subsection (4).
(6) A person giving a notice under this section shall –
(a) comply with such conditions as the Comptroller of
Customs may by regulations prescribe; and
(b) satisfy such requirements as may be so prescribed in
connection with the giving of the notice, includingIP/N/1/ATG/C/1
Page 69
requirements relating to(i) the form of the notice;
(ii) the furnishing of evidence, whether on
givingnotice, or on the importation of the goods, orat both such times;
(iii) the payment of fees in respect of the notice;
(iv) the giving of security in respect of any
liability or expense which the Comptroller of
Customs may incur in consequence of the
notice by reason of the detention of anyarticle or anything done to an articledetained;
(v) the indemnification of the Comptroller of
Customs against any such liability orexpenses, whether security has been given or
not; and
(vi) any incidental or supplementary matters, and
the regulations may make differentprovisions as respect different classes ofcase.
(7) Regulations made under subsection (6) is subject to negative
resolution of the House of RepresentativesIP/N/1/ATG/C/1
Page 70
PART VI- EXCEPTIONS TO INFRINGEMENT OF COPYRIGHT
Preliminary
Definition of 51. For the purposes of this Part “sufficient acknowledgment” means an
“sufficient acknowledgment identifying the work in question by its title or other
acknowledge- description and identifying the author, unless –
ment”.
(a) in the case of a published work, it is published anonymously
or the author has agreed or required that noacknowledgement of his name should be made;
(b) in the case of an unpublished work, it is not possible for a
person to ascertain the identity of the author by reasonableinquiry.
General Exceptions
Research 52. Subject to section 54, fair dealing with a literary, dramatic, musical or artistic
and private work for the purposes of research or private study does not infringe copyright
study. in the work or, in the case of a published edition, in the typographical
arrangement.
Criticism, 53. (1) Subject to section 54 –
review and 
reporting. (a) fair dealing with a protected work for the purposes of
criticism or review of that or another work or of aperformance of a work; or
(b) fair dealing with a protected work ( other than a
photograph) for the purpose of reporting currentevents,
does not infringe copyright in the work so tong as it is
accompanied by a sufficient acknowledgement.IP/N/1/ATG/C/1
Page 71
(2) No acknowledgement is required in connection with the reporting of
current events by means of a sound recording, film, broadcast orcable programme.
Determining 54. For the purpose of determining whether an act done in relation to a work
fair dealing. constitutes fair dealing, the court determining the question shall take account
of all factors which appear to it to be relevant, including-
(a) the nature of the work in question;
(b) the extent and substantiality of that part of the work affected
by the act in relation to the whole of the work;
(c) the purpose and character of the use; and
(d) the effect of the act upon the potential market for, or the
commercial value of, the work.
Incidental 55. Copyright in a work is not infringed-
inclusion of
protected (a) by its incidental inclusion in an artistic work, sound
work. 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 ofanything whose making was not an infringement of copyright
by virtue of paragraph (a),
and for the purposes of this section, a musical work, words spoken or
sung with music, or so much of a sound recording, broadcast or cableprogramme as includes a musical work or such words, shall not beregarded as incidentally included if it is deliberately included.IP/N/1/ATG/C/1
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Use of Work for Educational Purpose
Act done for 56. (1) Copyright in a literary, dramatic, musical or artistic work is not
purposes of infringed by being copied in the course of instruction or of
instruction  preparation for instruction, provided the copying is done by a person
or examination. 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, inthe making of films or film sound-tracks, provided the copying isdone 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 thequestions.
Anthologies 57. (1) The inclusion in a collection intended for use in educational
for educational establishments of a short passage from a published literary or
use. dramatic  work does not infringe copyright in the work if-
(a) the collection is described in the title and in any
advertisements thereof issued by or on behalf of thepublisher, as being so intended;
(b) the work was not itself published for the use of
educational establishments;
(c) the collection consists mainly of material in which
nocopyright subsists; andIP/N/1/ATG/C/1
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(d) the inclusion is accompanied by a sufficient
acknowledgement.
(2) Subsection (1) does not authorize the inclusion of more than two
 excerpts from protected works by the same author in collections
published by the same publisher over any period of five years.
(3) In relation to any given passage, the reference in subsection (2) to
 excerpts from works by the same author-
(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 ofthe authors, whether alone or in collaboration withanother.
Recording of 58. (1) A recording of a broadcast or cable programme or a copy of such a
broadcast, etc. recording may be made by or on behalf of an educational
by educational establishment for the educational purposes of that establishment
establishments. without thereby infringing the copyright in the broadcast or cable
programme or in any work included in it.
Restriction on 59. (1) Subject to the provisions of this section, reprographic copies of
reprographic  passages from published literary, dramatic or musical works may be
copying by made by or on behalf of an educational establishment for the
educational purposes of instruction without infringing any copyright in the work
establishment. or in the typographical arrangement.
(2) Not more than five per cent of any work may be copied by or on
behalf of an educational establishment by virtue of this section in anyquarter, that is to say, in any period 1
st January to 31st March, 1st
April to 30th June, 1st July to 30th September or 1st October to 31st
December.IP/N/1/ATG/C/1
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(3) Copying is not authorized by this section if, or to the extent that,
licences are available authorizing the copying in question and theperson making the copies know or ought to have been aware of that
fact.
(4) Where a licence is granted to an educational establishment
authorizing the reprographic coping of passages from any publishedliterary, dramatic or musical work, for use by the establishment, then,any term of that licence which purports to restrict the proportion ofwork which may be copied (whether on payment or free of charge) toless than that permitted under this section shall be of no effect.
Subsequent 60. (1) Where a copy of a work would be an infringing copy if the making
dealings with thereof were not authorized under section 56,58  or 59 and such copy
authorized  is subsequently dealt with, it shall be treated as an infringing copy for
copies. the purposes of that dealing and, if that dealing infringes copyright,
for all subsequent purposes.
(2) In subsection (1) “dealt with” means sold, or let for hire or offered or
exposed for sale or hire.
Exceptions affecting Libraries and Archives
Interpretation 61. (1) In sections 62 to 65 references to the librarian or archivist include
of references; references to a person acting on his behalf.
Regulations.
(2) Regulations may provide that a librarian or archivist who is, pursuant
 to sections 62 and 65, required to be satisfied as to a matter before
making or supplying a copy of a work –
(a) is entitled to rely on a declaration as to that matter,
signed by the person requesting the copy, unless heIP/N/1/ATG/C/1
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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 havebeen an infringing copy if made by him, that person shall be liablefor infringement of copyright as if he had made the copy himself, andthe copy supplied shall be treated as an infringing copy.
Supply by 62. (1) The librarian of a prescribed library or archive may, if the prescribed
librarian  of conditions are complied with-
copies of
published (a) make and supply a copy of an article in a periodical;
work. or
(b) make and supply from a published edition, a copy of
part of a literary, dramatic or musical, work, not
being an article in a periodical,
without 
infringing any copyright subsisting in the text of
the article or in the work, as the case may be, or in any
illustrations accompanying such article or work, or in
the typographical arrangement thereof.
(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 forIP/N/1/ATG/C/1
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purposes of research or private study, and will
not use them for any other purpose;
(b) in relation to an artic le, that no person shall be
 furnished with more than one copy of the same
article or with copies of 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; and
(d) that persons to whom copies are supplied are
required to pay for them a sum not less than the
cost (including a cont ribution to the general
expenses of the library) attributable to their
production.
Supply  of 63. (1) The librarian of a prescribed library or archive may, if the
copies to other prescribed conditions are comp lied with, make and supply to
libraries. another prescribed library or archive a copy of-
(a) an article in a periodical; or
(b) the whole or part of a published edition of a
literary, dramatic or musical work,
without infringing any copyright in the text of the
article or the work, or in any illustrations accompanying
such article or work or, in the case of a publishedIP/N/1/ATG/C/1
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edition, in the typographical arrangement.
(2) Paragraph (b) of subsection (1) does not apply if, at the time the
copy is made, the librarian making it knows or could, byreasonable inquiry, ascertain the name and address of a personentitled to authorize the making of the copy.
Replacing 64. (1) The librarian of a prescribed library or archive may, if the prescribed
copies of conditions are complied with, make a copy from any item in the
works. 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 inplace of the item;
(b) replacing in the permanent collection of another
prescribed library or archive an item which has been
lost, destroyed or damaged,
without infringing the copyright in any literary, dramatic or
musical work, in any illustrations accompanying such a workor, in the case of a published edition, in the typographicalarrangement.
                          (2)        The prescribed conditions shall include provisions restricting the
making of copies to cases where it is not reasonably practicable to
purchase a copy of the item in question for the purpose.
Copying of 65. (1) Subject to subsection (2), the librarian of a prescribed library or
unpublished  archive may, if the prescribed conditions are complied with, make
work. and supply a copy of the whole or part of a literary, dramatic or
musical work from a document in the library or archive withoutinfringing any copyright in the work or in any illustrationsaccompanying it.IP/N/1/ATG/C/1
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(2) Subsection (1) does not apply where-
(a) the work had been published before the document
was deposited in the library or archive; or
(b) the copyright owner has prohibited copying of the
work, and at the time of the making of the copy thelibrarian ought to have been aware of that fact.
(3) The prescribed conditions include the following-
(a) that copies are supplied only to persons satisfying the
librarian that they require them for purposes of
research or private study and will not use them for
any other purpose;
(b) that no person is furnished with any more than one
copy of the same material; and
(c) that persons to whom copies are supplied are
required to pay for them a sum not less than the cost
(including a contribution to the general expenses of
the library or archive) attributable to theirproduction.
Exceptions Relating to Public Administration
Parliamentary 66. (1) Copyright in a work is not infringed by anything done for the
and judicial  purposes of parliamentary or judicial proceedings or, subject to
proceedings etc. subsection (3), for the purposes of reporting such proceedings.
(2) Copyright in a work is not infringed by anything done for the
purposes of the proceedings of a statutory inquiry or, subject tosubsection (3), for the purposes of reporting any such proceedingsheld in public.IP/N/1/ATG/C/1
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(3) The provisions of subsections (1) and (2) relating to the reporting of
proceedings shall not be construed as authorizing the copying of awork which is itself a published report of the proceedings.
(4) Copyright in a work is not infringed by the issue to the public of
copies of the report of a statutory inquiry containing the work ormaterial from it.
(5) In this section, “statutory inquiry” means an inquiry held or
investigation conducted in pursuance of a duty imposed or powerconferred by or under an enactment.
Public 67. Where any protected work or a reproduction of any such work is comprised in
records. any public record (as defined in the Registration and Records Act) which is,
Cap. 375. by virtue of that Act under the charge of the Keeper of the Records and is open to
public inspection, the copyright in the work is not infringed by the making orsupplying to any person of any copy of the work by or under the direction of anyofficer appointed under the Registration and Records Act.
Designs
Design 68. (1) It is not an infringement of any copyright in a design document or in
documents and a model that records or embodies a design for anything (except an
models. artistic work or a typeface) to make an article to the design or to copy
an article made to the design.
(2) It is not an infringement of any copyright to issue to the public or to
 include in a film, broadcast or cable programme service anything the
making of which was, by virtue of subsection (1), not an
infringement of that copyright.
(3) In this section-
“design” means the design of any aspect of the shape orIP/N/1/ATG/C/1
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configuration (whether internal or external) of the whole or
part of an article, other than surface decoration; and
“design document” means any record of a design, whether in
the form of a drawing, a written description, a photograph,
data stored in a computer or otherwise.
Where design 69. (1) Where an artistic work has been exploited by or with the licence of
derived from  the copyright owner by-
artistic work
is exploited.  (a) making by an industrial process articles falling to be
treated under from this Act as copies of the work;and
(b) marketing such articles in Antigua and Barbuda 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 firstmarketed, a person may, without infringing copyright in thework, 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 somade.
(2) Where only part of an artistic work is exploited in the manner
described in subsection (1), then, the provisions of that subsectionapply only in relation to that part.
(3) The Minister may by order make provision-
(a) as to the circumstances, in which an article or any
description of article is to be regarded for thepurposes of this section as made by an industrialprocess;IP/N/1/ATG/C/1
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(b) excluding from the operation of this section such
articles of a primarily literary or artistic character ashe thinks fit.
(4) In this section-
(a) references to articles do not include films; and(b) references to the marketing of an article are
references to its being sold or let for hire or offeredor exposed for sale or hire.
Exception Relating to Works in Electronic Form
Transfer of 70. (1) Where a work in electronic form has been purchased on terms which,
works in expressly or impliedly or by virtue of any rule of law, allow the
electronic purchaser to copy the work or to adapt it or to make copies of an
form. 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,
imposing obligations which continue after a transfer
or prohibiting the assignment of any licence or
terminating any licence on a transfer; or
(b) providing for the terms on which a transferee may do
the things which the purchaser was permitted to do,
anything which the purchaser was allowed to do may also be
done by a transferee without infringement of copyright.
(2) Any copy, adaptation or copy of an adaptation made by the purchaserIP/N/1/ATG/C/1
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which is not also transferred after the transfer, be treated as an
infringing copy for all purposes.
(3) Subsections (1) and (2) apply where the original purchased copy is
no longer usable and what is transferred is a further copy used in its
place.
                           (4) This section applies also on a subsequent transfer, with the
 substitution for references in subsection (2) to the purchaserof references, to the subsequent transferor.
Miscellaneous Exceptions Relating to Literary,
Dramatic, Musical and Artistic Works
Anonymous 71. (1) Copyright in a literary, dramatic, musical or artistic work is not
and infringed by an act done at a time when, or in pursuance of an
pseudonymous arrangement made at a time when-
literary etc.
works. (a) it is not possible by reasonable inquiry to ascertain
the identity of the author; and
(b) it is reasonable to assume-
(i) that the copyright has expired; or(ii) that the author died fifty years or more
before the beginning of the calendar year inwhich the act is done or the arrangements aremade.
(2) Subsection (1) (b) (ii) does not apply in relation to a work in
which copyright originally vested in an international
organization by virtue of section 146 and in respect of whichIP/N/1/ATG/C/1
Page 83
an order under that section specifies a copyright period
longer than fifty years.
(3) In relation to a work of joint authorship-
(a) the reference in subsection (1) to its being possible to
ascertain the identity of the author shall be construed
as a reference to its being possible to ascertain the
identity of any of the authors; and
(b) the reference in subsection (1) (b) (ii) to the author
having died shall be construed as a reference to allthe authors having died.
Use of notes 72. (1) Where a record of spoken words is made, in writing or otherwise, for
of recordings  the purpose of -
of spoken word.
(a) reporting current events; or
(b) broadcasting or including in a cable programme
service the whole or part of the work,
it is not an infringement of any copyright in the words as a
literary work to use the record or material taken from it (or tocopy 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 abroadcast or cable programme;IP/N/1/ATG/C/1
Page 84
(b) the making of the record was not prohibited by the
speaker and, where copyright already subsisted in thework, did not infringe copyright;
(c) the use made of the record or material taken from it
is not of a kind prohibited by or on behalf of thespeaker or copyright owner before the record wasmade; and
(d) the use is by or with the authority of a person who is
lawfully in possession of the record.
Reading or 73. (1) The reading or recitation in public of any reasonable extract from a
recitation in  published literary or dramatic work is not an infringement of
public. 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 programmeservice, of a reading or recitation which, by virtue of subsection (1),
does not infringe copyright in the work.
Representation 74.  (1) This section applies to –
of artistic works
on public (a) buildings;
display.
(b) sculptures, models of buildings and works or artistic
craftsmanship, if permanently situated in a publicplace or in premises open to the public.
(c) broadcasting or including in a cable programme
service a visual image of it.IP/N/1/ATG/C/1
Page 85
(2) The copyright of such a work is not infringed by the issue to the
public of copies, or the broadcasting or inclusion in a cable
programme service, of anything whose making was, by virtue of thissection, not an infringement of copyright.
Reconstruction 75. Anything done for the purposes of reconstructing a building
of buildings.  does not infringe any copyright in the building or in any
drawings or plans in accordance with which the building was
constructed by or with the licence of the copyright owner.
Subsequent 76. Where the author of an artistic work is not the copyright
work by same  owner, he does not infringe the copyright in the work by
artist. copying it in making another artistic work, provided he does
not repeat or imitate the main design of the earlier work.
Miscellaneous Exceptions Relating to Sound Recordings,
Films and Computer Programmes
Making etc., 77. (1) Where sound recordings of a musical work (and
of recordings  accompanying words, if any) have, with the licence or
of musical consent of the owner of the copyright in the work, been
work previously previously made in or imported into Antigua and Barbuda
made or for the purposes of retail sale, then, any person may, after the
imported. expiry of the period of four  months immediately following
upon the date of the first authorized manufacture in, orimportation into, Antigua and Barbuda of such recordings,
and without first obtaining the consent or licence of theIP/N/1/ATG/C/1
Page 86
owner of the copyright in the work, make or authorize the
making of sound recordings of it if such person –
(a) intends to sell the recordings by retail, or to supply
them for the purpose of being sold by retail by
another person, or intends to use them for making
other sound recordings which are to be so sold orsupplied;
(b) pays royalties calculated at the prescribed rate; and
(c) complies with such conditions relating to notice,
method and time of payment, administration ofroyalties paid and other matters, as may be
prescribed.
(2) Any person who makes or authorizes the making of sound recordings
pursuant to subsection (1) shall not make or authorize the making ofany alterations in, or omissions from, the work unless soundrecordings of that work containing similar alterations or omissionshave been previously made by or with the licence or consent of theowner of the copyright or unless such alterations or omissions are
reasonably necessary for the adaptation of the work to the sound
recording in question.
Rental of 78. (1) The Minister may by order, subject to affirmative resolution, provide
sound  that in such cases as may be specified in the order, the rental to the
recordings, etc. public of copies of sound recordings, films or computer programmes
shall be treated as licensed by the copyright owner subject only to thepayment of such reasonable royalty or other payment as may beagreed or determined in default of agreement by the Copyright
Tribunal.IP/N/1/ATG/C/1
Page 87
(2) An order under subsection (1) shall not apply if, or to the extent that
 there is a licensing scheme certified under section 102 for the
                                               purposes of  this section providing for the grant of licences.
(3) An order may make different provision for different cases and may
 specify cases by reference to any factor relating to the work, the
                                              copies rented, the person renting or the circumstances of the rental.
(4) Copyright in a computer programme is not infringed by the rental of
 copies to the public after the end of the period of fifty years from the
end of the calendar year in which copies of it were first issued to the
public in electronic form.
(6) Nothing in this section affects any liability under section 31 in
respect of the rental of infringing copies.
Playing of 79 It is not an infringement of the copyright in a sound recording to play it as
sound recording  part of the activities of, or for the benefit of, a club, society or other
for purposes of organization if-
charitable (a) the organization is not established or conducted for profit and
organization. its objects are charitable or are otherwise concerned with the
advancement of religion, education or social welfare; and
(b) the proceeds of any charge for admission to the place where
the recording is to be heard are applied solely for thepurposes of the organization.
Miscellaneous Exceptions Respecting Broadcasts
and Cable Programmes
Incidental 80. (1) This section applies where by virtue of a licence or assignment of
recording for copyright a person is authorized to broadcast from a place in a
purposes of specified country or to include in a cable programme service sent
broadcast or from Antigua and Barbuda or a specified country-
cable programme.
(a) a literary, dramatic or musical work, or an adaptationIP/N/1/ATG/C/1
Page 88
of such a work;
(b) an artistic work; or
(c) a sound recording or film.
(2) The person referred to in subsection (1) shall, by virtue of this
section, be treated as licensed by the owner of the copyright in thework to do or authorize any of the following for the purposes of thebroadcast or cable programme –
(a) in the case of a literary, dramatic or musical work or
an adaptation of such a work, to make a soundrecording or film of the work or adaptation;
(b) in the case of an artistic work, to take a photograph
or make a film of the work;
(c) in the case of a sound recording or film, to make a
copy of it.
(3) A licence under subsection (2) is s ubject to the following conditions-
(a) the recording, film, photograph or copy in question
shall not be used for any other purpose; and
(b) such recording, film, photograph or copy shall be
destroyed within twenty-eight days of being firstused for broadcasting the work or, as the case may
be, including it in a cable programme service.
                                         (4) A recording, film, photograph or copy made in accordance with this
section shall be treated as an infringing copy-
(a) for the purposes of any use in breach of the condition
mentioned in subsection (3) (a); andIP/N/1/ATG/C/1
Page 89
(b) for all purposes after that condition or the condition
mentioned in subsection (3) (b) is breached.
Recording of 81. (1) Copyright is not infringed by the making or use by a prescribed
broadcasts for  broadcasting organization, for the purpose of maintaining supervision
programme  and control over programmes and advertisements broadcast by that
control. organization, of recordings of those programmes and advertisements.
(2) Copyright is not infringed by the making or use by the Antigua
Broadcasting Service of recordings of programmes in connectionwith and for the purpose of carrying out its functions under the lawrelating to Broadcasting.
Recording 82. (1) A recording of a broadcast or cable programme of a designated class,
for archival or a copy of such a recording, may be made for the purpose of being
purposes. placed in an archive maintained by a designated body without
thereby infringing any copyright in the broadcast or cable programmeor in any work included in it.
(2) In subsection (1) “designated” means designated by the Minister,
who shall not designate a body unless he is satisfied that it is not
established or conducted for profit.
Reception and 83. Where a literary, dramatic or musical work or film is broadcast with the
retransmission licence of the copyright owner from a place in Antigua and Barbuda or a
of broadcast specified country, any person may, without obtaining the licence of the
in cable copyright owner, incorporate the work (by means of the reception of the
programme  broadcast) in a cable programme service:
service.
Provided that –
(a) the transmission by the cable programme service
takes place simultaneously with the reception of thebroadcast; andIP/N/1/ATG/C/1
Page 90
(b) the programme in which the literary, dramatic or
musical work or film is incorporated is transmittedwithout alteration of any kind; and
(c) the copyright owner is entitled to receive from the
person providing the cable programme service,equitable remuneration in respect of thetransmission, to be determined in default ofagreement by the Tribunal,
and, for the purposes of this subsection, an alteration to a
programme includes the addition thereto of new material not
contained in the programme as broadcast, or the omission
from the transmission of any material contained in theprogramme as broadcast; and the term “material” includes acommercial  advertisement.
Recording for 84. The making for private and domestic use of a recording of a broadcast or
purpose of  cable programme solely for the purpose of enabling it to be viewed or
time shifting. listened to at a more convenient time does not infringe any copyright in the
broadcast or cable programme or in any work included in it.
Adaptations
Adaptations. 85. 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 anadaptation, infringe any copyright in the work from which the adaptation wasmade.IP/N/1/ATG/C/1
Page 91
Prescribed Exceptions
Power of 86. (1) Subject to the provisions of this section, the Minister may, by order
Minister to subject to negative resolution of the House of Representatives,
prescribe  provide that the copyright in a work of the description or category
exceptions to  specified in the order is not infringed where, in relation to such work,
infringement. such acts as are specified in the order are done in the circumstances
so specified.
(2)      The Minister shall not make an order under subsection (1) unless he
is satisfied that the acts specified in the order in relation to the work –
(a) are necessary in the public interest in connection
with an event of national importance;
(b) would not conflict with the normal exploitation of
the work; and
 
(c) would not unreasonably prejudice the legitimate
                                                                         interest of the owner of the copyright in the work.
(3) An order made under subsection (1) shall make provision for the
payment of equitable remuneration to the copyright owner to bedetermined, in default of agreement, by the Copyright Tribunal; and
such order may contain such consequential, supplemental or ancillary
provisions as appear to the Minister to be necessary or expedient for
the purpose of giving effect to the order.IP/N/1/ATG/C/1
Page 92
PART VII - COPYRIGHT LICENSING
Preliminary
Interpretation 87. (1) In this Part-
for purposes
of Part. “licence” means any licence that is issued or offered by a
licensing body authorizing, in relation to works in whichcopyright subsists, the doing of any of the acts restricted bycopyright;
“licensing body” means a society or other organization which
has as its main object or one of its main objects, the
negotiation or granting, either as owner or prospective owner
of copyright or as agent for him, of licences, and whoseobjects include the granting of licences covering works ofmore than one author;
‘licensing scheme” means a scheme setting out-(a) the classes of case in which the operator of the
scheme, or the person on whose behalf he acts, is
willing to grant licences; and
(b) the terms on which licences would be granted in
thoseclasses 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-IP/N/1/ATG/C/1
Page 93
(a) a single collective work or collective works of which
the authors are the same; or
(b) works made by, or by employees commissioned by,
a single individual, firm, company or group ofcompanies.
(3) For the purpose of subsection (2) “group” in relation to a company
 means that company and-
(a) any other company which is its holding company or
subsidiary;
(b) any other company which is a subsidiary of the
holding company;
(c) any company which directly or indirectly controls or
is controlled by any company referred to inparagraph (a) or (b); and
(d) any company which is controlled by a person who
directly or indirectly controls a company referred toin paragraph (a), (b) or (c).
Licensing 88. The provision of sections 89 to 94 apply to licensing schemes of the
schemes to following descriptions-
which sections
89 to 94
apply. (a) licensing schemes operated by licensing bodies in relation to
the copyright in literary, dramatic, musical or artistic works
or films (or film sound-tracks when accompanying a film)which cover works of more than one author, so far as theyrelate to licences  for-IP/N/1/ATG/C/1
Page 94
(i) copying the work;(ii) performing, playing or showing the work in public;
or
(iii) broadcasting the work or including it in a cable
programme service;
(b) all licensing schemes in relation to the copyright in sound
recordings (other than film sound-tracks when accompanyinga film), broadcasts or cable programmes or the typographicalarrangement of published editions; and
(c) all licensing schemes in relation to the copyright in sound
recordings, films or computer programmes so far as theyrelate to licences for the rental of copies to the public.
References and Applications Respecting Licensing Schemes
Reference of 89. (1) The terms of a licensing scheme which a licensing body proposes to
proposed operate may be referred to the Copyright Tribunal by an organization
licensing claiming to be representative of persons claiming that they require
scheme. licences in cases of a description to which the scheme would apply,
either generally or in relation to any description of case.
(2) The Tribunal shall first decide whether to entertain the reference and
decline to do so on the ground that the reference is premature.
(3) Where the Tribunal decides to entertain the reference it shall consider
the matter referred and make such order, either confirming or varying
the proposed scheme either generally or so far only as it relates to
cases of the description to which the reference relates, as the Tribunalthinks reasonable in the circumstances.IP/N/1/ATG/C/1
Page 95
(4) An order may be made under subsection (3) so as to be in force
indefinitely or for such period as the Tribunal may determine.
Reference  90. (1) Where during the operation of a licensing scheme a dispute arises
of existing  between the operator of the scheme and-
licensing
scheme. (a) the person claiming that he requires a licence in a
case of a description to which the scheme applies; or
(c) an organization claiming to be representative of such
persons,
that person or organization may refer the scheme to the
Copyright Tribunal in so far as it relates to cases of that
description.
(2) A scheme which has been referred to the Tribunal under this section
                                                    shall remain in operation until proceedings on the reference are
concluded.
(3) The Tribunal shall consider the matter in dispute and make such  
order, either confirming or varying the scheme so far only as it
relates to cases of the description to which the reference relates, asthe Tribunal may determine to be reasonable in the circumstances.
(4) The order may be made so as to be in force indefinitely or for such
period as the Tribunal may determine.
Further 91. (1) Where the Copyright Tribunal has on a previous reference of a
reference of  licensing scheme under section 89 or 90, or under this section, made
scheme. an order with respect to the scheme then, while the order remains in
force-
(a) the operator of the scheme;IP/N/1/ATG/C/1
Page 96
(b) a person claiming that he requires a licence in a case
of the description to which the order applies; or
(c) an organization claiming to be representative of such
persons, may refer the scheme again to the Tribunal
so far as it relates to cases of that description.
(2) A licensing scheme shall not, except with the special leave of the
Tribunal, be referred again to the Tribunal in respect of the samedescription of cases-
(a) within twelve months from the date of the order on
the previous reference; or
(b) if the order was made so as to be in force for fifteen
months or less, until the last three months before theexpiry of the order.
(3) A scheme which has been referred to the Tribunal under this section shall
remain in operation until proceedings on the reference are concluded.
(4) The Tribunal shall consider the matter in dispute and make such order,
either confirming, varying or further varying the scheme so far only as itrelates to cases of the description to which the reference relates, as theTribunal may determine 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 Tribunal may determine.
Application 92. (1) A person who claims, in a case covered by a licensing scheme, that
for grant of  the operator of the scheme has refused to grant him or procure the
licence in  grant to him of a licence in accordance with the scheme, or has failed
connection with to do so within a reasonable time after being asked, may apply to the
licensing  Copyright Tribunal.
scheme.IP/N/1/ATG/C/1
Page 97
(2) A person who claims, in a case excluded from a licensing scheme, that
 the operator of the scheme either-
(a) has refused to grant him a licence or procure the
grant to him of a licence, or has failed to do so
within a reasonable time of being asked, and that in
the circumstances it is unreasonable that a licence
should not be granted; or
(b) proposes terms for a licence which are unreasonable,
may apply to the Copyright Tribunal.
(3) A case shall be regarded as excluded from a licensing scheme
for the purposes of subsection (2) if –
(a) the scheme provides for the grant of licences 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 thatit should not be dealt with in the same way.
(4) If the Tribunal 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 theIP/N/1/ATG/C/1
Page 98
Tribunal may determine to be applicable in accordance with the
scheme or, as the case may be, to be reasonable in the circumstances.
(5) The order may be made so as to be in force indefinitely or for such
period as the Tribunal may determine.
Application 93. (1) Where the Copyright Tribunal has made an order under
for review section 92 that a person is entitled to a licence under a
as to licensing scheme, the operator of the scheme or the original
entitlement applicant may apply to the Tribunal to review its order.
to licence.
(2) An application shall not be made, except with the special
leave of the Tribunal-
(a) within twelve months from the date of the order or of
the decision on a previous application under thissection; or
(b) if the order was made so as to be in force for fifteen
months or less or, as a result of the decision on a
previous application under this section, is due toexpire within fifteen months of that decision, until
the last three months before the expiry date.IP/N/1/ATG/C/1
Page 99
(3) The Tribunal shall on an application for review confirm or vary its
order as the Tribunal may determine to be reasonable having regard
to the terms applicable in accordance with the licensing scheme or, as
the case may be, the circumstances of the case.
Effect of 94. (1) A licensing scheme which has been confirmed or varied by
order of  the Copyright Tribunal under section 89 or 90 shall be in
Tribunal as force, or as the case may be, remain in operation so far as it
to licensing relates to the description of case in respect of which the order
scheme. is made, so long as the order remains in force.
(2) While the order is in force a person who in a case of a class
to which the order applies -
(a) pays to the operator of the scheme any
charges payable under the scheme in respectof a licence covering the case in question or,if the amount cannot be ascertained, gives anundertaking to the operator to pay themwhen ascertained; and
(b) complies with the other terms applicable to
such a licence under the scheme,
shall be in the same position as regards infringement
of copyright as if he had at all material times beenthe holder of a licence granted by the owner of thecopyright in question in accordance with the scheme.IP/N/1/ATG/C/1
Page 100
(3) The Tribunal may direct that the order, so far as it varies the
amount of charges payable, shall have effect from a date
before that on which it is made, not being a date earlier than
the date on which the reference was made or, where the
scheme came into operation after the reference was made,not being a date earlier than the date on which the scheme
came into operation; but no such direction may be made
where subsection (5) applies.
(4) If a direction is made under subsection (3)-
(a) any necessary repayments, or further
payments, shall be made in respect ofcharges already paid;  and
(b) the reference in paragraph (a) of subsection
(2) to the charges payable under the scheme
shall be construed as a reference to thecharges so payable by virtue of the order.
(5) An order of the Tribunal under section 89 or 90 made with
respect to a scheme which is certified for any purpose undersection 102 has effect, so far as it varies the scheme byreducing the charge payable for licences, from the date on
which the reference was made to the Tribunal.
(6) Where the Tribunal has made an order under section 92 and
             the order remains in force, the person in whose favour the
order is made shall, if he satisfies the conditions specified insubsection (7), be in the same position as regardsinfringement of copyright as if he had at all material timesIP/N/1/ATG/C/1
Page 101
been the holder of a licence granted by the owner of the
copyright in question on the terms specified in the order.
(7) The conditions referred to in subsection (6) are that the person
mentioned in that subsection shall-
(a) pay to the operator of the scheme any charges
payable in accordance with the order or, if theamount cannot be ascertained, give an undertaking topay the charges when ascertained; and
(b) comply with the other terms specified in the order.
References and Applications Respecting Licences
and Licensing Bodies
Licences to 95. (1) Sections 96 to 99 apply to the following descriptions of licence
which sections  granted by a licensing body otherwise than in pursuance of a
96 to 99 apply. licensing scheme-
(a) licences relating to the copyright in literary,
dramatic, musical or artistic works or films (or filmsound-tracks when accompanying a film) whichcover works of more than one author, so far as theyauthorize-
(i) copying the work;
(ii) performing, playing or showing the work in
public; or
(iii) broadcasting the work or including it in a
cable programme service;IP/N/1/ATG/C/1
Page 102
(b) any licence relating to the copyright in a sound
recording (other than a film sound-track whenaccompanying a film), broadcast or cableprogramme, or the typographical arrangement of a
published edition; and
(c) all licences in relation to the copyright in sound
recordings, films or computer programmes so far asthey relate to the rental of copies to the public.
Reference 96. (1) The terms on which a licensing body proposes to grant a licence may
to Tribunal  be referred to the Copyright Tribunal by the prospective licensee.
of proposed
licence. (2) The Tribunal shall first decide whether to entertain the reference, and
may decline to do so on the ground that the reference is premature.
(3) If the Tribunal decides to entertain the reference it shall consider the
terms of the proposed licence and make such order, either confirmingor varying the terms, as it may determine to be reasonable in thecircumstances.
(4) The order may be made so as to be in force indefinitely or for such
period as the Tribunal may determine.
Reference 97. (1) A licensee under a licence which is due to expire by effluxion of time
to Tribunal  or as a result of notice given by the licensing body, may apply to the
of expiring Copyright Tribunal on the ground that it is unreasonable in the
licence. circumstances that the licence should cease to be in force.
(2) Such an application may not be made until the last three months
before the licence is due to expire.
(3) A licence in respect of which a reference has been made to the
Tribunal shall remain in operation until proceedings on the referenceare concluded.IP/N/1/ATG/C/1
Page 103
(4) If the Tribunal finds the application well-founded, it shall make an
order declaring that the licensee shall continue to be entitled to thebenefit of the licence on such terms as the Tribunal may determine to
be reasonable in the circumstances.
(5) An order of the Tribunal under this section may be made so as to be
in force indefinitely or for such period as the Tribunal maydetermine.
Tribunal may 98. (1) Where the Copyright Tribunal has made an order under
review order  section 96 or 97, the licensing body or the person entitled to
as to licence. the benefit of the order may apply to the Tribunal to review
its order.
(2)      An application shall not be made, except with the special
leave of the Tribunal –
(a) within twelve months from the date of the order or of
the decision on a previous application under this
section; or
(b) if the order was made so as to be in force for fifteen
months or less or, as a result of the decision on a
previous application under this section, is due to
expire within fifteen months of that decision, untilthe last three months before the expiry date.IP/N/1/ATG/C/1
Page 104
(3)       The Tribunal shall on an application for review confirm or
vary its order as the Tribunal may determine to be reasonable
in the circumstances.
Effect of 99. (1) Where the Copyright Tribunal has made an order under
order of section 96 or 97and the order remains in force, the person
Tribunal as entitled to the benefit of the order shall, if he satisfies the
to licence. conditions specified in subsection (2), be in the same position
as regards infringement of copyright as if he had at all
material times been the holder of a licence granted by the
owner of the copyright in question on the terms specified in
the order.
(2) The conditions referred to in subsection (1) are that the
person mentioned in that subsection shall-
(a) pay to the licensing body any charges payable in
accordance with the order or, if the amount cannot be
ascertained, give an undertaking to pay the charges
when ascertained; and
(b) comply with the other terms specified in the order.
(3) The benefit of the order may be assigned-
(a) in the case of an order under section 96, if
assignment is not prohibited under the terms of the
Tribunal’s order; andIP/N/1/ATG/C/1
Page 105
(b) in the case of an order under section 97, if
assignment was not prohibited under the terms of theoriginal licence.
(4) The Tribunal may direct that an order under section 96 or 97,
or an order under section 98 varying such an order, so far asit varies the amount of charges payable, shall have effectfrom a date before that on which it was made, not being adate earlier than the date on which the reference orapplication was made or, where a licence was granted or wasdue to expire after the reference was made, not being a dateearlier than the date on which the licence was granted or, asthe case may be, was due to expire.
                                  (5)             If such a direction is made-
(a) any necessary repayments or further payments, shall
be made in respect of charges already paid; and
(b) the reference in paragraph (a) of subsection (1) to the
charges payable in accordance with the order shall be
construed, where the order is varied by a later order,
as a reference to the charges so payable by virtue ofthe later order.
Supplementary
Matters 100.  Regulations made under section 150 may prescribe the matters which the
prescribed Copyright Tribunal shall take into account on a reference or application made
for Tribunal. under this Part in respect of any class or classes of case.
Royalty 101. (1) An application to settle the royalty or other sum payable in pursuance
payable for of section 78 may be made to the Copyright Tribunal by the
rental of copyright  owner or the person claiming to be treated as licensed by
him.IP/N/1/ATG/C/1
Page 106
sound
recordings, etc. (2) The Tribunal shall consider the matter and make such order as it  may
 determine to be reasonable in the circumstances.
(3) Either party may subsequently apply to the Tribunal to vary the order
and the Tribunal shall consider the matter and make such orderconfirming or varying the original order as it may determine to bereasonable in the circumstances.
(4)        An application under subsection (3) shall not, except with the special
leave of the Tribunal, be made within twelve months from the date ofthe original order or of the order on a previous application under thatsubsection.
(5)         An order under subsection (3) has effect from the date on which it is
made or such later date as may be specified by the Tribunal.
Ministerial 102. (1) On the application of any person operating or proposing to operate a
order in licensing scheme for the purposes of sections 58 , 78 and such other
relation to provisions as may be prescribed, the Minister shall by order certify
licensing  the scheme if he is satisfied that it-
scheme.
(a) enables the works to which it relates to be identified
with sufficient certainty by persons likely to requirelicences; and
(b) sets out clearly the charges (if any) payable and the
other terms on which licences will be granted.
(2) The scheme shall be scheduled to the order and the scheme shall
come into operation for the purposes of sections 58, 78 or such other
provisions as may be prescribed-
(a) on such date, being not less than eight weeks after
the order is made, as may be specified in the order;IP/N/1/ATG/C/1
Page 107
or
(b) if the scheme is the subject of a reference under
section 89, any later date on which the order of the
Copyright Tribunal under that section comes into
force or the reference is withdrawn.
(3) A variation of the scheme is not effective unless the order is amended
by the Minister; and the Minister shall make the amendment in thecase of a variation ordered by the Copyright Tribunal on a referenceunder section 89,90 or 91 and may do so in any other case if hethinks fit.
(4) The Minister may, by order revoke an order made under subsection
(1) if it appears to him that the scheme to which the order relates isno longer being operated according to its terms, and shall revoke theorder if the scheme ceases to be operated.
PART VIII – THE COPYRIGHT TRIBUNAL
Establishment 103. (1) There is hereby established for the purposes of this Act a tribunal to
of Tribunal.  be called the Copyright Tribunal.
Schedule (2) The provisions of the Schedule shall have effect as to the constitution
                          of the Tribunal and otherwise in relation thereto.
Jurisdiction 104. (1) The functions of the Tribunal shall be-
of Tribunal.
(a) to hear and determine-
(i) any matter referred to it pursuant to any
 provision of Part VII relating to a licensing
scheme or licence;
(ii) an application under section 101 to settle the
royalty or other sum payable for rental of aIP/N/1/ATG/C/1
Page 108
sound recording, film or computer
programme;
(b) to keep under review the prescribed rate of royalty
payable to a performer in connection with an
adaptation of an original recording of hisperformance; and
(c) to make recommendations to the Minister on the rate
of royalties or other payments payable in respect ofthe use or presentation in such national culturalevent as he may by order designate of any works orperformance in which copyright or other rights
subsist.
(2) In relation to its functions under subsection (1) (b), the Tribunal may
from time to time on its own initiative and shall, on a request made inwriting by the Minister, enquire into the appropriateness of such rateand make such recommendations to the Minister with respect theretoas it thinks fit.
Regulations 105. (1) The Minister may make regulations relating to proceedings before
relating to  the Copyright Tribunal and provisions shall be made in such
proceedings regulations-
of Tribunal.
(a) prohibiting the Tribunal from entertaining a
reference under section 89, 90 or 91 by arepresentative organization unless the Tribunal issatisfied that the rganization is reasonably ofrepresentative of the class of persons which it claims
to represent;
(b) specifying the parties to any proceedings and
enabling the Tribunal to make a party to theproceedings any person or organization which theIP/N/1/ATG/C/1
Page 109
Tribunal is satisfied has a substantial interest in the
matter; and
(c) requiring the Tribunal to give the parties to the
proceedings an opportunity to state their case, in
writing or orally as the regulations may provide.
(2) The regulations may prescribe any matter incidental to or consequential
upon any appeal from the Tribunal under section 106.
(3) Regulations made under this section shall be subject to negative
resolution of the House of Representatives.
Appeal on 106. (1) An appeal lies on any point of law arising from a decision of the
point of law. Copyright Tribunal to the Court of Appeal.
(2) Regulations made under section 105 may limit the time within which
an appeal may be brought.
PART IX – RIGHTS IN PERFORMANCES
Conferment 107. (1) By virtue of, and subject to the provisions of this Part, rights are
of  rights in conferred on-
performances.
(a) a performer, requiring his consent to the exploitation
of his performance; and
(b) a person having recording rights in relation to a
performance, requiring his consent to the making ofa recording of that performance.
(2) The rights conferred by this Part are independent of -
(a) any copyright in or moral rights relating to any work
used or performed in the performance; andIP/N/1/ATG/C/1
Page 110
(b) any other right or obligation arising otherwise than
under this Part.
Performers’ Rights
Consent 108. (1) A performer’s rights are infringed by a person who, without his
required for consent-
recording etc. of
performance.
(a) makes, otherwise than for his private and domestic
use, a recording of the whole or any substantial partof a qualifying performance; or
(b) broadcasts live, or includes live in a cable
programme service, the whole or any substantial partof 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 adefendant who shows that at the time of the infringement he believed
on reasonable grounds that consent had been given.
Infringement 109. A performer’s rights are infringed by a person who, without his consent-
of performer’s
rights by use (a) shows or plays in public the whole or any substantial
of  recording  part of a qualifying performance; or
(b) broadcasts or includes in a cable programme service
the whole or any substantial part of a qualifying
performance,
by means of a recording which was made without the
performer’s consent and that person knows or has reason tobelieve that it was so made.IP/N/1/ATG/C/1
Page 111
Consent and 110. (1) A performer’s rights are infringed by a person who, without his
royalty for  consent and payment of royalty at the prescribed rate, uses an
adaptation of original recording of a qualifying performance (whether authorized
recording. or not) for the purpose of making an adaptation of the recording.
(2) In subsection (1) “an adaptation of the recording” means a recording
in which the performance is accompanied by lyrics or music notcontained in the original recording.
Infringement 111. (1) A performer’s rights are infringed by a person who, without his of
performer’s  consent-
rights by
importing etc. (a) imports into Antigua and Barbuda otherwise than for
illicit his private and domestic use; or
recording.
(b) in the course of a business, possesses, sells or lets for
hire offers or exposes for sale or hire, or distributes,recording of a qualifying performance which is, andwhich 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 recordingwas innocently acquired by him or a predecessor in title of his, theremedy in damages available against him in respect of theinfringement is an amount not exceeding a reasonable payment inrespect 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.IP/N/1/ATG/C/1
Page 112
Rights of Person Having Recording Rights
Consent 112. (1) A person infringes the rights of a person having recording rights in
required for relation to a performance who, without his consent, makes a
recording recording of the whole or any substantial part of the performance
performance otherwise than for his private and domestic use.
subject to
exclusive (2) In an action for infringement of those rights brought by virtue of this
contract section, damages shall not be awarded against a defendant who
shows that at the time of the infringement he believed on reasonablegrounds that consent had been given.
Infringement 113. (1) A person infringes the rights of a person having recording rights in
of recording relation to a performance who, without his consent-
rights by use
of recording. (a) shows or plays in public the whole or any substantial
part of the performance; or
(c) broadcasts or includes in a cable programme service
the whole or any substantial part of theperformance,by means of a recording which was,
and which that person knows or has reason to believe
was, made without the appropriate consent.
(2) The reference in subsection (1) to the “appropriate consent” is to the
consent of the person who at the time the consent was given hadrecording rights in relation to the performance (or, if there was morethan one such person, of all of them).
Infringement 114. (1) A person infringes the rights of a person having recording rights in
of recording relation to a performance who, without his consent-
rights by
importing etc. (a) imports into Antigua and Barbuda otherwise than for
illicit recording. His private and domestic use; orIP/N/1/ATG/C/1
Page 113
(c) in the course of a business possesses sells or lets for
hire, offers or exposes for sale or hire or distributes,
a recording of the performance which is, and which that
person knows or has reason to believe is, an illicit recording.
(2) Where in an action for infringement of those rights brought by virtue
of this section a defendant shows that the illicit recording wasinnocently acquired by him or a predecessor in title of his, theremedy in damages available against him in respect of theinfringement is an amount not exceeding a reasonable payment inrespect 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 believethat it was an illicit recording.
Exceptions to Infringement
Permitted 115. Notwithstanding the rights in performances conferred by this Part-
acts in
relation to (a) any act done in relation to a performance or recording in the
performances. circumstances specified hereunder does not constitute an
infringement of the rights; and
(b) the Copyright Tribunal may give consent on behalf of a
performer in the circumstances specified in section 128.
Fair dealing 116. Fair dealing with a performance or recording-
for criticism,
etc. (a) for the purpose of criticism or review of that or another
performance or recording, or of a work; orIP/N/1/ATG/C/1
Page 114
(b) for the purpose of reporting current events,does not infringe any of the rights conferred by this Part, and the
provisions of section 54 shall, with the necessary modifications,
apply in determining whether or not an act constitutes fair dealing.
Incidental 117. The rights conferred by this Part are not infringed-
inclusion of
performance (a) by the incidental inclusion in a sound recording, film,
or recording. broadcast or cable programme of a performance or recording;
(b) by anything done in relation to copies of, or the playing,
showing, broadcasting or inclusion in a cable programme
service of, anything whose making was not an infringement
of those ights, by virtue of paragraph (a),
and for the purposes of this section, a performance or recording so far
as it consists of music, or words spoken or sung with music, shall notbe regarded as incidentally included in a sound recording broadcastor cable programme if it is deliberately included.
Acts done to 118. (1) The rights conferred by this Part are not infringed by the copying of a
recording or recording of a performance in the course of instruction, or of
performance  preparation for instruction, in the making of films or film sound-
for purposes  tracks, provided the copying is done by a person giving or receiving
of instruction instruction.
etc.
(2) The rights conferred by this Part are not infringed-
(a) by the copying of a recording of a performance for
the purposes of setting or answering the questions in
an examination; orIP/N/1/ATG/C/1
Page 115
(b) by anything done for the purposes of an examination
by way of communicating the questions to thecandidates.
(3) Where a recording which would otherwise be an illicit recording is
made in accordance with this section but is subsequently dealt with, itshall be treated as an illicit recording for the purposes of that dealing,and if that dealing infringes any right conferred by this Part, for allsubsequent purposes.
(4) In subsection (3) and in section 119 (2) “dealt with” means sold or let
for hire, or offered or exposed for sale or hire.
Recording of 119. (1) A recording of a broadcast or cable programme or a copy of such
broadcast and recording, may be made by or on behalf of an educational
cable programme  establishment for the educational purposes of that establishment
by educational  without thereby infringing any of the rights conferred by this Part in
establishment. relation to any performance or recording included in it.
(2) Where a recording which would otherwise be an illicit recording is
made in accordance with this section but is subsequently dealt with
(as defined in section 118 (4) it shall be treated as an illicit recording
for the purposes of that dealing and, if that dealing infringes any rightconferred by this Part, for all subsequent purposes.
Acts done to 120. The rights conferred by this Part are not infringed by anything done for the
performance of purposes of –
recording for
Parliamentary (a) parliamentary or judicial proceedings or the
Proceedings, etc. reporting of such proceedings; or
(c) the proceedings of a statutory inquiry or the
reporting of such proceedings held in public.IP/N/1/ATG/C/1
Page 116
Transfer or 121. (1) Where a recording or a performance in electronic form has been
recording of purchased on terms which, expressly or impliedly or by virtue of any
performance  rule of law, allow the purchaser to make further recordings in in
electronic connection with his use of the recording, then, in the absence of any
form. express terms –
(a) prohibiting the transfer of the recording by the
purchaser;
(b) imposing obligations which continue after a transfer;
(c) prohibiting the assignment of any consent;
(d) terminating any consent on a transfer; or
(e) providing for the terms on which a transferee may do
the things which the purchaser was permitted to do,
anything which the purchaser was allowed to do may also be
done by a transferee without infringement of the rightsconferred by this Part, but any recording made by the
purchaser which is not also transferred shall be treated as an
illicit recording for all purposes after the transfer.
(2) Subsection (1) applies where the original purchased recording is no
longer usable and what is transferred is a further copy used in itsplace.
(3) This section also applies on a subsequent transfer, with the
substitution for references in subsection (1) to the purchaser of references to the
subsequent transferor.
(4) This section does not apply in relation to a recording purchased
before the commencement of this Act.IP/N/1/ATG/C/1
Page 117
Use of 122. (1) Where a recording of the reading or recitation of a literary work is made
recordings the purpose of-
of spoken
words. (a) reporting current events; or
(b) 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) forthat purpose, provided the conditions specified in subsection (2)are met.
(2) The conditions referred to in subsection (1) are that-
(a) the recording is a direct recording of the reading or
recitation and is not taken from a previous recordingor 
(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 therecording was made; and
(d) the use is by or with the authority of a person who is
lawfully in possession of the recording.
Playing sound 123. It is not an infringement of any right conferred by this Part to play a sound
recording for recording as part of the activities of, or for the benefit of, a club, society or
charitable other organization if-
purposes.IP/N/1/ATG/C/1
Page 118
(a) the organization is not established or conducted for
profit and its main objects are charitable or are
otherwise concerned with the advancement of
religion, education or social welfare; and
(b) the proceeds of any charge for admission to the place
where the recording is to be heard are applied solelyfor the purposes of the organization.
Incidental 124. (1) Subject to subsection (2), a person who proposes to broadcast a
recording for  recording of a performance, or to include a recording of a
purposes of  performance in a cable programme service, in circumstances not
broadcast  infringing the rights conferred by this Part, shall be treated as having
or cable consent for the purposes of this Part for the making of a further
programme. recording for the purposes of the broadcast or cable cast or
programme.
(2) The consent given under subsection (1) is subject to the following
conditions-
(a) the further recording shall not be used for any other
purpose; and
(b) such recording shall be destroyed within twenty-
eight days of being first used for broadcasting theperformance or including it in a cable programmeservice.
(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); andIP/N/1/ATG/C/1
Page 119
(b) for all purposes after that condition or the condition
mentioned in paragraph (b) of subsection (2) isbreached.
Recording for 125. (1) The rights conferred by this Part are not infringed by the making or
supervision use by a prescribed broadcasting organization for the purpose of and
control of maintaining supervision and control over programmes broadcast by
programmes. that organization, of recordings of those programmes.
(2) The rights conferred by this Part are not infringed by the making or
use of recordings by the Antigua Broadcasting Service in connectionwith and for the purpose of carrying out its functions under the lawrelating to broadcasting.
Recording of 126. (1) A recording of a broadcast or cable programme of a designated class,
broadcast etc. or a copy of such a recording, may be made for the purpose of being
for archival placed in an archive maintained by a designated body without
purpose. thereby infringing any right conferred by this Part in relation to a
performance or recording included in the broadcast or cableprogramme.
(2) In this section “designated” has the meaning assigned to that
expression in section 82 (2).
Order               127. (1) Subject to the provisions of this section, the Minister may, by
excepting acts order, subject to negative resolution, provide that the rights conferred
from  by this Part are not infringed by the doing of such acts in relation to
infringing  the performance as are specified in the order, where such acts are
             rights under  done in the circumstances so specified.
             this Part.IP/N/1/ATG/C/1
Page 120
(2) The Minister shall not make an order under subsection (1) unless he
is satisfied that the acts specified in the order-
(a) are necessary in the public interest in connection
with an event of national importance;
(b) would not conflict with the normal exploitation of
the performance; and
(c) would not unreasonably prejudice the legitimate
interest of the performer or any person having rights
in the performance.
(3) An order made under subsection (1) shall make provision for the
payment of equitable remuneration to any person having rightsconferred by this Part to be determined, in default of agreement, bythe Copyright Tribunal; and such order may contain such
consequential, supplemental or ancillary provisions as appear to the
Minister to be necessary or expedient for the purpose of giving effectto the order.
Tribunal may 128. (1) Subject to the provisions of this section, the Copyright Tribunal may,
consent on on the application of a person who wishes to make a recording from a
behalf of previous recording of a performance, give consent in a case where-
performer.
(a) the identity or whereabouts of a performer cannot be
ascertained by reasonable inquiry; or
(b) a performer unreasonably withholds his consent.IP/N/1/ATG/C/1
Page 121
(2) Consent given by the Tribunal has effect as consent of the performer
for the purposes of-
(a) the provisions of this Part relating to performers’
rights; and
(b) paragraph (a) of subsection (3) of section 134,
and may be given subject to such conditions as the Tribunal
may specify in the order.
(3) The Tribunal shall not give consent under paragraph (a) of subsection (1)
except after the service or publication of such notices as may be required
by regulations made under section 105  or as the Tribunal may in any
particular case direct.
       (4) The Tribunal shall not give consent under paragraph (b) of subsection (1)
unless it is satisfied that the performer’s reasons for withholding consentdo not include the protection of any legitimate interest of his; but it shallbe for the performer to show what his reasons are for withholdingconsent, and in default of evidence as to his reasons the Tribunal may
draw such inferences as it thinks fit.
(5) In any case the Tribunal shall take into account the following factors-
(a) whether the original recording was made with the
performer’s consent and is lawfully in the possessionor control of the person proposing to make thefurther recording;IP/N/1/ATG/C/1
Page 122
(b) whether the making of the further recording is
consistent with the obligations of the parties to thearrangements under which, or is otherwise consistentwith the purposes for which, the original recording
was made.
(6) Where the Tribunal gives consent under this section it shall, in
default of agreement between the applicant and the performer, makesuch order as it thinks fit as to the payment to be made to theperformer in consideration of consent being given.
Duration and Transmission of Rights in
Performances; Consent
Duration of 129. The rights conferred by this Part continue to subsist in relation to a
rights in performance until the end of the period of fifty years from the end of the
performances. calendar year in which the performance takes place.
Transmission 130. (1) The rights conferred by this Part are not assignable or transmissible,
of rights in except to the extent that performers’ rights are transmissible as
performances. 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 references in this Part to the performer, in the context of
the person having performer’s rights, shall be construed asreferences to the person for the time being entitled toexercise those rights.IP/N/1/ATG/C/1
Page 123
(3) Where by virtue of paragraph (a) of subsection (2) a right becomes
exercisable by more than one person, it is exercisable by each ofthem independently of the other or others.
(4) Subsections (1), (2) and (3) are without prejudice to any rights
conferred by this Act on a person to whom has been assigned thebenefit of an exclusive recording contract or licence to makerecordings of a performance.
(5) Any damages recovered by personal representatives by virtue of this
section in respect of an infringement after a person’s death shalldevolve as part of his estate as if the right of action had subsisted andbeen vested in him immediately before his death.
Consent. 131. (1) Consent for the purposes of this Part may be given in relation to a
specific performance, a specified description of performances, orperformances generally, and may relate to past or futureperformances.
(2) A person having recording rights in a performance is bound by any
prior consent given by a person through whom he derives his rights
under the exclusive recording contract or licence in question, in the
same way as if  the consent had been given by him.
(3) Where a right conferred by this Part passes to another person, any
consent binding on the person previously entitled binds the person towhom the right passes in the same way as if the consent had beengiven by him.
Remedies for Infringement of Rights
in Performances
Infringement 132. An infringement of any of the rights conferred by this Part is actionable by
as breach  the person entitled to the right as a breach of statutory duty.
of duty.IP/N/1/ATG/C/1
Page 124
Order for 133. (1) Where a person has in his possession, custody or control in the
delivery up of  course of  a business an illicit recording of a performance, a person
illicit having performer’s rights or recording rights under this Part in
recording  relation to the performance may apply to the court for an order that in
civil the recording be delivered up to him or to such other person as the
proceedings. court may direct.
(2) An application shall not be made after the end of the period specified
in section 138; and the court shall not make an order under thissection unless it also makes an order under section 137 for thedisposal of the recording, or it is of the opinion that there are groundson which an order under that section could be made.
(3) A person to whom a recording is delivered up in pursuance of an
order under this section shall, if an order under section 137 is notmade, retain it pending the making of an order, or the decision not tomake an order under that section.
(4) Nothing in this section affects any other power of the court.
Offences
Criminal 134. (1) A person commits an offence who without sufficient consent-
liability for
making etc. (a) makes for sale or hire; or
illicit
recordings. (b) imports into Antigua and Barbuda otherwise than for
his private and domestic use; or
(c) possesses in the course of a business with a view to
doing any act infringing the rights conferred by this
Part; or
(d) in the course of a business-IP/N/1/ATG/C/1
Page 125
(i) sells or lets for hire; or(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 thisPart, if he knows or has reason to believe that thoserights are thereby infringed.
(3) In subsections (1) and (2) “sufficient consent” means-
(a) in the case of a qualifying performance that is not
subject to an exclusive recording contract, the
consent of the performer; and
(b) in the case of a performance that is subject to an
exclusive recording contract, the consent of theperson having recording rights.
(4) References in this section to the person having recording rights are to
the person having those rights at the time the consent is given or, if
there is more than one such person, to all of them.
(5) No offence is committed under subsection (1) or (2) by the doing of
an act which, by virtue of any provision of this Part, may be doneIP/N/1/ATG/C/1
Page 126
without infringing the rights conferred by this Part.
(6) A person guilty of an offence under subsection (1) or (2) is liable-
(a) on summary conviction to a fine not exceeding five
thousand dollars or to imprisonment for a term notexceeding five years;
(b) on conviction on indictment to a fine not exceeding
ten thousand dollars or to imprisonment for a termnot exceeding five years, or to both such fine andimprisonment.
Order for 135.  (1) The court before which proceedings are brought against a person for
delivery up an offence under section 134 may, if satisfied that at the time of his
of illicit  arrest or charge he had in his possession, custody or control in the
recording in course of a business an illicit recording of a performance, order that it
criminal  be delivered up to a person having performers’ rights or recording
proceedings. 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 theperson is convicted of the offence, but shall not be made
(a) after the end of the period specified in section 138;
or
(b) if it appears to the court unlikely that any order will
be made under section 137.
(3) An appeal lies to the Court of Appeal from an order made under this
section.IP/N/1/ATG/C/1
Page 127
(4) A person to whom an illicit recording is delivered up in pursuance of
an order under this section shall retain it pending the making of an
order, or the decision not to make an order, under section 137.
False 136. (1) It is an offence for a person to represent falsely that he is authorized
representation  by any person to give consent for the purposes of this Part in relation
of authority to  to a performance, unless he believes on reasonable grounds that he is
give consent. so authorized.
(2) A person guilty of an offence under this section is liable on summary
conviction to a fine not exceeding five thousand dollars or to
imprisonment for a term not exceeding two years or to both such fineand imprisonment.
PART X – GENERAL
Order for 137. (1) An application may be made to the High Court for-
disposal of
infringing (a) an order that an infringing copy or article delivered
copy or up in pursuance of an order under sections 33 and 48
illicit shall be-
recording.
(i) forfeited to the copyright owner; or
(ii) destroyed or otherwise dealt with as the
court may direct;
(b) an order that an illicit recording of a performance
delivered up in pursuance of an order under section133 or 135 shall be-
(i) forfeited to such person having performer’s
rights or recording rights in relation to theperformance as the court may direct; orIP/N/1/ATG/C/1
Page 128
(ii) destroyed or otherwise dealt with as the
court thinks fit; or
(c) a decision that no order under paragraph (a) or (b)
should he made.
(2) In considering what order (if any) should be made, the court shall
Have regard to all the circumstances of the case and, in particular-
(a) where the infringement relates to copyright in a
work, whether other remedies available in an actionfor infringement of copyright would be adequate tocompensate the copyright owner and to protect his
interest;
(b) where the infringement relates to rights conferred
under Part IX, whether other remedies available inan action for infringement of those rights would beadequate to compensate the person or personsentitled to the rights and to protect their interests.
(3) Provision shall be made by regulations as to the service of notice on
persons having an interest in the infringing copy or other articles orthe illicit recording, as the case may be, and any such person isentitled-
(a) to appear in proceedings for an order under this
section whether or not he was served with notice;and
(b) to appeal against any order made, whether or not he
appeared, and an order shall not take effect until theend of the period within which notice of an appealmay be given or, if before the end of that periodIP/N/1/ATG/C/1
Page 129
notice of appeal is duly given, until the final
determination or abandonment of the proceedings onthe appeal.
(4) Where there is more than one person interested in an infringing copy
or other article, or as the case may be, an illicit recording, the court
shall make such order as it thinks just and may, in particular, directthat such copy, article or recording be sold, or otherwise dealt with,and the proceeds divided.
(5) If the court decides that no order should be made under this section,
the person in whose possession, custody or control the copy or articleor, as the case may be, the recording was before being delivered upor 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 anorder could be made in respect of the copy, article or, as the case maybe, recording under this section.
Period after 138. (1) An application for an order under section 33 or 133 may not be made
which delivery after the end of the period of six years from the date on which the
up not infringing copy or article or, as the case may be, the illicit recording
available. in question was made, subject to the following provisions.
(2) Notwithstanding subsection (1) a person who during the whole or any
part of the period mentioned in subsection (1) is 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,IP/N/1/ATG/C/1
Page 130
may apply at any time before the end of the period of six
years from the date on which he ceased to be under adisability or, as the case may be, could with reasonablediligence have discovered those facts.
Time limit for 139. No prosecution for an offence under this Act shall be commenced after the
prosecution. expiration of five years after the commission of the offence or one year after
the discovery there of, whatever date last occurs.
Powers of 140. (1) A Magistrate may, if satisfied by information on oath that there is
member of reasonable cause to believe that an offence against this Act is being
Police Force. committed issue a warrant authorising a member of the police not
below the rank of an inspector to –
(a) enter and search any premises or place;
(b) stop, board and search any vessel (other than a ship
of war) or any aircraft (other than a military aircraft);
or
(c) stop and search any vehicle, in which the inspector
reasonably suspects there is an infringing copy of a
work or an illicit recording or any article used orintended to be used for making infringing copies orillicit recordings; and
(d) seize, remove or detain-
(i) any article which appears to the inspector to
be an infringing copy or an illicit recording
or any other article which appears to him to
be intended for use for making such copies orrecordings; andIP/N/1/ATG/C/1
Page 131
(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) An inspector to whom a warrant has been issued under subsection (1)
 may-
(a) break open any outer or inner door of any place
which he is authorized by this section to enter and
search;
(b) forcibly board any vessel, aircraft or vehicle which
he is authorized under this Act to stop, board and
search;
(c) remove by force any person or thing obstructing him
in the exercise of any power conferred on him by this
Act;
(d) detain any person found in any place which he is
authorized under this section to search until such
place has been searched;
(e) detain any vessel or aircraft which he is authorized
under this section to stop, board and search, and
prevent any person from approaching or boarding
such vessel or aircraft until it has been searched;
(f) detain any vehicle which he is authorized under this
Act to stop and search until it has been searched;
(3) It shall be the duty of any inspector in the execution of any warrant
given under subsection (1) to produce the warrant to the owner orIP/N/1/ATG/C/1
Page 132
occupier of any premises, place, vessel or aircraft entered or vehicle
stopped, pursuant to such directions if  required by such owner or
occupier to do so
(4) An inspector to whom a warrant has been issued under subsection (1)
may call upon any constable to assist him in execution of the warrant.
Restrictions 141. (1) A magistrate may, if he is satisfied by information on oath that there
on entry and is reasonable ground for suspecting that there is in any domestic
search of premises any article which may be seized, removed or detained under
domestic  any provision of this Act, issue a warrant authorizing a member of
premises. the Police Force not below the rank of Sergeant to enter and search
the premises, and such member may call upon any constable to assisthim in entering and searching the premises.
(2) In this section “domestic premises” means any premises or any part
thereof, used exclusively or mainly as a dwelling house.
Obstruction 142. (1) Without prejudice to any other written law, any person who-
of member of
Police Force. (a) willfully obstructs a member of the Police
Force in the exercise of his powers or theperformance of his duties under this Act;
(b) willfully fails to comply with any
requirement properly made to him by any
such member; or
(c) without reasonable excuse fails to give such
member any other assistance which he may
reasonably require to be given for the
purpose of exercising his powers or
performing his duties under this Act,IP/N/1/ATG/C/1
Page 133
is liable on summary conviction to a fine not
exceeding five thousand dollars or to imprisonment
for a term not exceeding two years.
(2) A person who, when required to give information to a member of the
Police Force in the exercise of his powers or the performance of his
duties under this Act, knowingly gives false or misleading
information to any such member is liable on summary conviction to a
fine not exceeding five thousand dollars or to imprisonment for a
term not exceeding two years.
(3) Nothing in this section shall be construed as requiring any person to
             give any information which may incriminate him.
Offences by 143. Where an offence under this Act is committed by a body of persons
body corporate. whether corporate or incorporate, every person who at the time of the
commission of the offence, acted in an official capacity for or on
behalf of the body of persons in respect of that offence, whether as
director, manager, secretary or other similar officer, or purporting to
act in that capacity commits that offence and shall be tried under that
offence.IP/N/1/ATG/C/1
Page 134
Power to 144. (1) Subject to the provisions of this section the Minister may by
apply  order provide that in respect of any country specified in the
provisions of order, any provisions of this Act so specified shall apply-
Act to other
country. (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 Antigua and Barbuda;
(b) in relation to bodies incorporated or
established under the law of that country as
they apply in relation to bodies incorporatedor established under the laws of Antigua and
Barbuda;
(c) in relation to literary, dramatic, musical or
artistic works, sound recordings, films andeditions first published in that country asthey apply in relation to such works, soundrecordings, films and editions first published
in Antigua and Barbuda;
(d) in relation to broadcasts made from or cable
programmes sent from that country as theyapply in relation to broadcasts made from orcable programmes sent from Antigua andBarbuda;
(e) in relation to performances taking place in
that country or given by an individual who isIP/N/1/ATG/C/1
Page 135
a citizen or habitual resident of that country, as they apply in
relation to performances taking place in Antigua andBarbuda or given by an individual who is a citizen orhabitualresident of Antigua and Barbuda.
(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 inthe 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 the country is-
(a) 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, givingadequate protection to the owners of copyright underthis Act or, as the case may be, to Antigua andBarbuda works and performances as defined insection 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 Antigua and Barbuda is also a party.IP/N/1/ATG/C/1
Page 136
Denial of 145. (1) If it appears to the Minister that the laws of a country fail to give
copyright or adequate protection to Antigua and Barbuda works to which this
rights in  section applies or to Antigua and Barbuda performances, or fail to
performances. 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 orcountry of its author or performer or all of those matters) the Ministermay, by order, make provision in relation to that country inaccordance with subsection  (2).
(2) An order made for the purposes of this section shall designate the
country concerned and may provide either generally or in relation tosuch classes of case as are specified in the order, that copyright shall
not subsist in works first published, or, as the case may be, that rights
in performances shall not subsist in performances first given, after adate specified in the order (which may be a date before thecommencement of this Act) if, at the time of the first publication ofthose works or the giving of the perforance, as the case may be, theauthors of the works or the performers were or are-
(a) citizens or nationals of that country, not being at that
time persons whose habitual residence is in Antigua
and Barbuda or a specified country (excluding thecountry 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 order under this section, have regard to
the nature and extent of the lack of protection for Antigua and Barbuda
works or Antigua and Barbuda 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-IP/N/1/ATG/C/1
Page 137
“Antigua and Barbuda performances” means-
(a) performances given by individuals who are citizens
or habitual residents of Antigua and Barbuda; or
(b) performances that take place in Antigua and
Barbuda;
“Antigua and Barbuda works” means works of which the
author was a qualified person at the material time within themeaning of section 7 (3).
International 146. (1) This section applies to international organizations as to which the
Organizations. Minister by order has declared that it is expedient that this section
should apply.
(2) Where an original literary, dramatic, musical or artistic work is first
published by or under the direction or control of an internationalorganization to which this section applies in such circumstances that
copyright would not, except by virtue of this subsection, subsist in
the work immediately after the first publication thereof and-
(a) the work is so published in pursuance of an
agreement with the author which does not reserve tothe author the copyright, if any, in the work; or
(b) the work was made in such circumstances that, if it
had been first published in Antigua and Barbuda, theorganization would have been entitled to the
copyright in the work,
then, copyright shall subsist in the work by virtue of this
section and the organization shall be first owner of thatcopyright.IP/N/1/ATG/C/1
Page 138
(3) Copyright of which an international organization is first owner by
virtue of this section shall subsist until the end of the period of fiftyyears from the end of the calendar year in which the work was made
or such longer period as may be specified by the Minister, by order,
for the purpose of complying with the international obligations ofAntigua and Barbuda.
(4) An organization to which this section applies which otherwise has
not, or at some material time otherwise has not, the legal capacities ofa body corporate shall have, and shall be deemed at all material timesto have had, the legal capacities of a body corporate for the purposeof holding, dealing with and enforcing copyright, and in connection
with all legal proceedings relating to copyright.
Territorial 147. (1) For the purposes of this Act, the territorial sea and the exclusive
waters and economic zone of Antigua and Barbuda shall be treated as part of
exclusive Antigua and Barbuda.
economic
zone.
(2) This Act applies to things done in the exclusive economic zone as it
applies to things done in Antigua and Barbuda.
(3) In this section-
“exclusive economic zone” means the zone established under
Cap. 260. section 10 of the Maritime Areas Act;
“territorial sea” means the waters described in section 5 of
Cap. 260. the Maritime Areas Act.
Act applies 148. (1) This Act applies to things done on an “Antigua and Barbuda ship” or
to ship Antigua and Barbuda aircraft as it applies to things done in Antigua
aircraft  and Barbuda.
registeredIP/N/1/ATG/C/1
Page 139
in state. (2) In this section “Antigua and Barbuda ship” and Antigua and Barbuda
aircraft” mean, respectively, a ship or aircraft registered in Antiguaand Barbuda.
Act binds 149. This Act binds the Crown.
Crown.
Regulations. 150. The Minister may make regulations prescribing such matters as are required
or permitted by this Act to be prescribed or as are necessary or desirable to beprescribed for giving effect to this Act.
Repeals. 151. The Copyright Act, Cap 104, and the Copyright Act, 1911 of the United
Kingdom, in so far as it forms part of the laws of Antigua and Barbuda are
hereby repealed.
Savings. 152. Nothing in this Act shall affect the operation of any rule of equity relating to
a breach of trust or confidence.
Transitional 153. (1) Where immediately prior to the appointed day copyright subsists in
provisions. Antigua and Barbuda in any literary, dramatic, musical or artistic
work by virtue of the Copyright Act, 1911 of the United Kingdom,
such copyright shall subsist, and the person entitled thereto by virtue
of that Act shall be the owner thereof, under and subject to this Act,and in particular-
(a) the duration of such copyright;
             (b) the acts comprised within the exclusive rights
attachingto such copyright; and
(b) the effect upon the ownership of such copyright of
any event or transaction occurring or of any contractor agreement made on or after the appointed day,shall be governed by this Act.IP/N/1/ATG/C/1
Page 140
(2) Where, on the appointed day copyright subsists in Antigua and
Barbuda  by virtue of section 19 (1) of the Copyright Act, 1911 of theUnited Kingdom, in any record, perforated roll or other contrivance
by virtue of which sounds may be mechanically produced, by virtue
of section 12 of the Copyright Act, 1956 of the United Kingdom inany sound recording, such copyright shall continue-
(a) to subsist for the remainder of the period for which it
would have subsisted if this Act had not been passed;and
(b) in relation to any such record, perforated roll or
contrivance, sound recording, to have the meaning
and effect it would have had if this Act had not beenpassed.
(3) No act done before the appointed day is actionable by virtue of the
conferment of the rights specified in Part III.
(4) The right conferred by section 14 to be identified as the author or, as
the case may be, director of a work, and the right conferred by
section 15 to object to derogatory treatment of such work, shall notapply-
(a) in relation to a literary, dramatic, musical or artistic
work of which the author died before the appointedday; or
(b) in relation to a film made before the appointed day.
(5) The rights in relation to a literary, dramatic, musical or artistic work
existing before the appointed day do not apply-IP/N/1/ATG/C/1
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(a) where copyright first vested in the author, to
anything which, by virtue of an assignment ofcopyright made or licence granted before theappointed day, may be done without infringing
copyright;
(b) where copyright first vested in a person other than
the author, to anything done by or with the licence ofthe copyright owner.
(6) The right to privacy conferred by section 17 in respect of
photographs and films does not apply to photographs taken or filmsmade, before the appointed day.
(7) Where before the appointed day any person has incurred any
expenditure or liability in connection with or in contemplation of, thedoing of an act in relation to a protected work or a performance inrespect of which rights are conferred by this Act, being an act whichprior to that date would have been lawful, nothing in this Act shalldiminish or prejudice any rights or interests which, in relation to thatwork or performance, are subsisting and valuable on the appointed
day, unless the person who, by virtue of this Act, is the owner of the
copyright or the person having rights in the performance agrees topay such compensation as, in default of agreement, may bedetermined by the Copyright Tribunal.
(8) Where an act done before the appointed day was then an
infringement of copyright but is not an infringement of copyrightunder this Act, then, proceedings in respect of that Act may be takenas if this Act had not been passed.
(9) An act done before the appointed day shall not be an infringement of
copyright or rights in performances conferred by this Act if that Actwould not, but for the passing of this Act, have constituted anIP/N/1/ATG/C/1
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infringement.
(10) 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.
(11) Proceedings under this Act for infringement may be taken
notwithstanding that the alleged infringement occurred before theappointed day.
(12) In this section “appointed day” means the day appointed pursuant to
section 1.
SCHEDULE
(Section 103 (2))
Copyright Tribunal
Constitution 1. (1) The Tribunal shall consist of a chairman and a deputy chairman and
of Tribunal. not more than three other members.
(2) A person eligible for appointment as chairman or a deputy chairman
shall be an attorney-at-law of not less than ten years standing or aperson who has held the office of a judge.
Appointment 2. The members of the Tribunal shall be appointed by the Governor General by
of members. instrument in writing, and, subject to the provisions of this Schedule, shall
hold office for such period, not exceeding three years, as may be specified in
the instrument, but shall be eligible for reappointment.
Resignations. 3. A member of the Tribunal may at any time resign his office by instrument in
writing and such resignation shall take effect as from the date of the receiptby the Minister of such instrument.
Revocation. 4. The Governor General may by instrument in writing at any time revoke the
appointment of any member of the Tribunal if-IP/N/1/ATG/C/1
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(a) he has become bankrupt; or
(b) he is incapacitated by physical or mental illness, or if he is, in
the opinion of the Governor General, otherwise unfit to
perform his duties as member.
Proceedings 5. (1) The Copyright Tribunal shall sit in such number of divisions as may
of Tribunal. from time to time be necessary.
(2) A division of the Tribunal shall consist of-
(a) a chairman, who shall be either the chairman or a
deputy chairman of the Tribunal; and
(b) two or more ordinary members.
(3) Where in any proceedings the members are not unanimous, the
decision of the Tribunal shall be by a majority of the votes of themembers, and in the event of an equality of votes, the chairman shallbe entitled to a second or casting vote.
(4) Where part of any proceedings before the Tribunal has been heard
and one or more members of the Tribunal are unable to continue, theTribunal shall remain duly constituted for the purpose of thoseproceedings so long as the number of members is not reduced to lessthan three.
(5) If the chairman of the Tribunal is unable to continue he shall-
(a) appoint one of the remaining members to act as
chairman; and
(b) appoint a suitably qualified person to attend the
proceedings and advise the members of any questionIP/N/1/ATG/C/1
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of law arising.
(6) For the purposes of paragraph (4) (b), a person is suitably qualified if
he is or is eligible for appointment as a deputy chairman of the
Tribunal.
(7) The decision of the Tribunal or a division thereof may be signified
under the hand of the chairman.
(8) Subject to the provisions of this Schedule and to any regulations
made pursuant to section 150, the Tribunal may regulate its ownproceedings.
(9) The validity of the proceedings of the Tribunal shall not be affected
by any vacancy amongst the members thereof or by any defect in theappointment of any member thereof.
Power to 6. The Tribunal may order that the costs or expenses of any proceedings before
award  costs. It 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 directin what manner they are to he taxed.
Officers and 7. The Minister shall make such arrangements in relation to the provision and
employees. remuneration of officers and employees of the Tribunal as may from time to
time be necessary.
Remuneration 8. The chairman and other members of the Tribunal and persons appointed
of members. under paragraph 5 (5) (b) shall be paid such  remuneration (whether by way
of honorarium, salary or fees) and such allowances as the Minister maydetermine.
Expenses. 9. The expenses of the Tribunal, including the remuneration and allowances
referred to in paragraph 8 shall be paid out of moneys provided for thepurposeby Parliament.IP/N/1/ATG/C/1
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Publication. 10. The name of all members of the Tribunal as first constituted and every
change in the membership thereof shall be published in the Gazette,
Protection of 11. Notwithstanding anything to the contrary, no act done or proceeding taken
Tribunal. under this Act by the Tribunal shall be questioned on the ground of any
omission, defect or irregularity not affecting the merits of the case.
Disclosure 12. A member of the Tribunal who is interested directly or indirectly in any of
interest. matter before the Tribunal –
(a) shall disclose the nature of his interest at any meeting of the
Tribunal dealing with the matter; and
(b) shall not take part in any deliberation or decision of the
Tribunal with respect to that matter.
Protection 13. No action, suit, prosecution or other proceedings shall be brought or
of members. instituted personally against any member of the Tribunal in respect of any act
done bona fide in the execution or intended execution of the Tribunal’s
functions under this Act.
Passed the House of Representatives Passed the Senate
this      day of 2000 this        day of   2000
Speaker President
Clerk to the House of Representatives Clerk to the SenateIP/N/1/ATG/C/1
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COPYRIGHT BILL
EXPLANATORY MEMORANDUM
This Bill seeks to modernise the law relating to copyright.
The law currently in force in Antigua and Barbuda is substantially the
Copyright Act, [1911] [1956] of the United Kingdom.  Rapid and
dramatic technological advances, especially over the last three decades,
have revolutionized the modes of creating and disseminating information
and extended the categories of works requiring copyright protection.  Of
critical importance to the development of national and cultural identity is
the promotion and encouragement of cultural expressions by nationals
within a legal framework which provides protection from the
unauthorized exploitation of their creative endeavours. Additionally,
there have been significant developments on the international copyright
scene, having effect worldwide, which point to the need for up-to-date
domestic legislation reflecting international standards.
The provisions of the Bill are consistent with the principal
international agreements affecting copyright, including the copyright
section of the Agreement on the Trade – Related Aspects of Intellectual
Property Rights. (TRIPS)
In style and content the Bill is consistent with the pattern of the
updated copyright laws of several CARICOM states.  The similarity in
legislative approach facilitates collaboration and common action in this
field, where necessary or desirable.
Part I (Clauses 1-4) contains the interpretation clauses.IP/N/1/ATG/C/1
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Part II (Clauses 5 – 13) sets out the categories of works protected by
copyright, the qualifications for protection and the nature and duration of
the rights conferred under the Part.
Part Ill (Clauses 14 - 21) sets out the details of the moral rights and the
related rights of the author of specified categories of works.
Part IV (Clauses 22 – 28) contains provisions dealing with the ownership
and assignment of copyright.
Part V (Clauses 29 -50) specifies the acts which constitute infringements
of copyright and the remedies available to the copyright owner and an
exclusive licensee in respect of such infringements.
Part VI (Clauses 51- 86) contains the exceptions to copyright
infringement.  These include use of the protected work for research andprivate study, criticism and review, use for public administration and useby educational establishments, libraries and archives, subject to specifiedconditions.Part VII (Clauses 87 - 102) contains provisions dealing with the licensingof protected work by licensing bodies, on behalf of copyright owners, andthe referral to the Copyright Tribunal of licensing schemes for the use ofsuch works.Part VIII (Clauses 103 - 106) deals with the establishment andjurisdiction of the Copyright Tribunal and provides for the making ofregulations governing its operation.
Part IX (Clauses 107 - 132) contains provisions which confer rights in
performances, on a performer and on a person who has an exclusiverecording contract in relation to a performance.  Exceptions to theseIP/N/1/ATG/C/1
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rights are specified and offences are created for dealing with illicit
recordings.Part X (Clauses 133 - 153 ) sets out general provisions.  These include
provisions making explicit the powers of the police as regards offencescreated under the law, authorizing the extension of the provisions of thelaw to nationals of other countries, as well as the denial of suchprotection in certain circumstances, and the making of regulations.
The Schedule contains provisions relating to the constitution and
operation of the Copyright Tribunal.
Dated this day of November, 2000
Dr. L. Errol Cort
Attorney General andMinister of Justice andLegal Affairs
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