CAP.  311 
Copyright Act  – Subsidiary Legislation  
 
 
CHAPTER 311  
COPYRIGHT ACT  
• Act • Subsidiary Legisl ation • 
ACT  
Act No. 21 of 2003  
ARRANGEMENT OF SECTI ONS  
PART I  
Preliminary  
1. Short title and commencement.  
2. Interpretation.  
3. Publication.  
4. Lawful reception of encrypted broadcasts.  
PART II  
Copyr ight 
Protected Works  
5. Categories of protected works.  
6. Qualification for copyright protection.  
7. Nature of copyright economic rights.  
Duration of Cop yright Protection  
8. Duration of copyright in literary works, etc.  
9. Duration of copyright in soun d recordings and films.  
10. Duration of copyright in broadcasts and cable pr ogrammes.  
11. Duration of copyright in typographical arrang ements.  
PART III  
Moral Rights and R elated Rights  
12. Moral rights.  
13. Right to be identified as author.  
14. Right t o object to derogatory treatment of work.  
15. False attribution of work.  
16. Right to privacy commissioned phot ographs and films.  
17. Duration of moral rights and related rights.  
18. Consent and waiver of rights.  
19. Application of provisions to joint  works.  
20. Application of provisions to part of work.   CAP.  311 
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PART IV  
Ownership and Assig nment of Rights  
Ownership of Copyright  
21. Ownership of copyright.  
22. Assignment and licences.  
23. Prospective ownership of copyright.  
24. Copyright in unpublished work s passes u nder will.  
25. Moral rights not assignable.  
26. Transmission of moral rights on death.  
PART V  
Infringement of Rights  
27. Meaning of action.  
28. Acts infringing copyright.  
Remedies of Infringement of Economic Rights  
29. Action by owner of cop yright for infringement.  
30. Order for delivery up in civil proceedings.  
31. Right to seize infringing copies.  
32. Wide injunction available to licensing bodies.  
33. Definition of exclusive licence.  
Moral and Related Rights  
34. Infringement of right t o be identified as author or director.  
35. Infringement of right to object to derogatory trea tment of work.  
36. Infringement by possession of infringing article.  
37. False attribution of work infringement of right.  
38. Infringement of privacy right in photographs, etc.  
Remedies for I nfringement of Moral Rights and Related Rights  
39. Remedies for infringing moral rights, etc.  
Presumptions  
40. Presumptions as to subsistence and ownership of copyright.  
41. Presumption in relation to authorship of protec ted works.  
42. Presumptions where action relates to sound recordings, films and computer 
programme.  
Offences  
43. Withdrawal of privilege against illumination of self or spouse in i nfringement 
and related proceedings.  
44. Offences in respect of dealings which infringe copyright.  
45. Presumptions not to apply.  
46. Order to deliver up in criminal proceedings.  
Supplementary  
47. Application of provisions re -entry.  
48. Provisions for restricting importation of infringing copies.   CAP.  311 
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PART VI  
Exceptions to Infr ingement of Cop yright  
Preliminary  
49. Definitions.  
General Exce ptions  
50. Research and private study.  
51. Criticism, review and reporting.  
52. Determining fair dealing.  
53. Incidental inclusion of protected work.  
54. Anonymous and pseudonymous literar y works.  
55. Use of notes of recordings of spoken words, etc.  
Use of Work for Educational Pu rposes  
56. Acts done for purposes of instruction or examin ation. 
57. Anthologies for educational use.  
58. Performing, playing or showing works in course of educ ational activ ities. 
59. Recording of broadcast by educational establis hments.  
60. Restriction on reprographic copying from pu blished works.  
61. Subsequent dealing with authorised copies.  
Exceptions Affec ting Libraries and Archives  
62. Interpretation of  references.  
63. Supply by librarian of copies of published work.  
64. Supply of copies to other libraries.  
65. Replacing copies of works.  
66. Copying of unpublished work.  
Exceptions Relating to Public Admin istration  
67. Recording for archival purposes . 
68. Parliamentary and judicial proceedings, etc.  
69. Public records.  
70. Design documents and models.  
71. Exploitation of a design derived from artistic work.  
Exception Relating to Works in Ele ctronic Form  
72. Transfer of works in electronic form.  
Miscellaneous Exceptions Rela ting to Literary, Dramatic,  
Musical and Artistic Works  
73. Statutory licences: recordings for broadcasting.  
74. Reading or recitation in public.  
75. Representation of artistic works on public display.  
76. Reconstruction of buildings.  
77. Subsequent work by same artist.  
Miscellaneous Exceptions Respecting Broa dcasts  
78. Recording broadcasts for programme supervision.  
79. Recording for purposes of time shifting.  
80. Provision of subtitled copies of broadcast or cable progr amme.   CAP.  311 
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81. Adaptations.  
Prescribed Exce ptions  
82. Power of Minister to prescribe exceptions to i nfringement.  
PART VII  
Copyright Licensing  
Prelim inary 
83. Definitions.  
84. Licensing schemes to which sections 83 to 90 apply.  
85. Reference of proposed lic ensing scheme to Court.  
86. Reference of existing licensing scheme to Court.  
87. Further reference to Court.  
88. Application for grant of licence in connection with licensing scheme.  
89. Application for review as to entitlement to licence.  
90. Effect of order of Court as to licensing scheme.  
References and Application with Respect to Individual  
Licensing by Licensing Bo dies 
91. Licences to which sections 91 to 95 apply.  
92. Reference to Court of proposed licence.  
93. Reference to Court of expiring licence.  
94. Application for review of order as to licence.  
95. Effect of order of Court as to licence.  
Factors to be Taken into Account in Ce rtain Classes of Case  
96. General consideration unreasonable discrimination.  
97. Licences for reprographic cop ying.  
98. Licences for educational establishments in respect of works included in 
broadcasts or cable pr ogrammes.  
99. Licences to reflect conditions imposed by promo ters events.  
100. Licences to reflect payments in respect of underl ying rights.  
101. Mention of the specific matters not to exclude relevant consider ations.  
PART VIII  
Rights in Perfor mances  
102. Protection and conferment of rights in perfor mances.  
Performer’s Rights  
103. Consent required for recording or live transmission of performance.  
104. Consent and royalty required for adaptation of recording.  
105. Infringement of performer’s rights by importing possessory, illicit r ecording.  
106. Performer’s moral rights.  
Rights of Person Having Recording Rights  
107. Consent required of performan ce subject to excl usive contract.  
108. Infringement of recording rights by use of recording made without co nsent. 
109. Infringement of recording rights by importing, possessing illicit recor ding.  CAP.  311 
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Exceptions to I nfringement  
110. Fair dealing for criticis m, etc.  
111. Acts done to recording of performance for pu rposes of instruction.  
112. Recording of broadcasting and cable programmes by educational esta blishment.  
113. Acts done to performance or recording for parliamentary procee dings.  
114. Transfer of  recording of performance in electronic form.  
115. Use of recordings of spoken words.  
116. Playing sound recording for charitable purposes.  
117. Incidental recording for purposes of broadcast or cable programme.  
118. Recordings for supervision and cont rol of pr ogrammes permitted.  
119. Order excepting acts from infringing rights under this Part.  
120. Court may consent on behalf of performer.  
Duration and Transmission of Rights in Performances: Co nsent 
121. Duration of rights in performances.  
122. Transmission of rights in performances.  
123. Consent.  
Remedies for Infringement of Rights in Pe rformances  
124. Infringement actionable as breach of statutory duty.  
125. Order for delivery up of illicit recording in Court.  
126. Right to seize illicit recor dings.  
Offences in Relation to Perfor mances  
127. Criminal liability for making illicit recordings.  
128. Order for delivery up of illicit recording in criminal proceedings.  
PART IX  
Collective S ocieties  
129. Collective societies to be registered.  
130. Administration of rights by collective society.  
131. Control over the copyright society by the owner of rights.  
132. Submission of returns and reports.  
133. Rights and liabilities of performing rights societies.  
PART X  
General  
134. Order for disposal of infringing copy or illicit r ecording.  
135. Period after which delivery up not available.  
136. General civil remedies.  
137. Time limit for prosecution.  
138. Powers of members of Police Force.  
139. Restrictions on entry and search of premises.  
140. Obstruction of members of Police Force.  
141. Offences by body corporate.  
142. Power to make regulations.  
143. International organisations.  
144. Act binds Crown.  
145. Regulations.  
146. Repeal.   CAP.  311 
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147. Savings.  
148. Transitional provisions.  
 
CHAPTER 311  
COPYRIGHT ACT  
An Act to make a comprehensive copyright law for Saint Vincent and the 
Grenadines, to afford better protection for literary, dramatic, musical, artistic 
and other works and creative products, to provide for the right of performers 
and others i n performances and to repeal the Copyright Act, Chapter 262 of the 
Revised Laws 1990 Edition, and provide for matters connected therewith or 
incidental hereto.  
Be it enacted by the Queen’s Most Excellent Majesty by and with the advice and 
consent of the Ho use of Assembly of Saint Vincent and the Gren adines and by the 
authority of the same as follows.  
[Act No. 21 of 2003.]  
[Date of commencement: 30 th November , 2004.]  
PART I  
Preliminary  
1.   Short title and commencement  
(1)  This Act may be cited as the Copyr ight Act, 2003.  
(2)  This Act shall come into force on a day to be appointed by the Governor -General 
by order published in the Gazette , and different days may be appointed for different 
provisions and different purposes.  
2.   Interpretation  
(1)  In this Ac t— 
“adaptation”  includes — 
 (a) in relation to a computer programme, a version of the programme in which it 
is converted into or out of a computer language or code, or into a different 
language or code otherwise than incidentally in the course of running th e 
programme;  
 (b) in relation to a literary work in a non -dramatic form, a version of the work, 
whether in its original language or in a different language, in a document 
form;  
 (c) in relation to a literary work in a dramatic form, a version of the work 
whether in its original language, or different language, in a non -dramatic 
form;  
 (d) in relation to a literary work, whether in a non -dramatic form or in a 
dramatic form — 
 (i) a translation of the work,   CAP.  311 
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 (ii) a version of the work in which the story or act ion is conveyed solely 
or principally by means of pictures in a form suitable for reproduction 
in a book or a newspaper, a magazine or similar periodical; and  
 (e) in relation to a musical work, an arrangement or transcription of the work;  
“article” , in th e 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 model of a building, irrespective  of artistic quality or not; or  
 (c) a work of artistic craftsmanship to which neither paragraph ( a) nor ( b) 
applies;  
“author”  means the person who creates a work, being — 
 (a) in relation to a literary or dramatic work, the author of the work;  
 (b) in rela tion to musical work, the composer;  
 (c) in relation to an artistic work other than a ph otograph, the artist;  
 (d) in relation to a photograph, the person taking the photograph;  
 (e) in relation to a sound recording or film, the person by whom the 
arrangem ents necessary for the making of the recording or film are 
unde rtaken;  
 (f) in relation the typographical arrangement of a published edition, the 
publisher;  
 (g) in relation to a broadcast, the person making the broadcast as d escribed in 
section 4(2) or, i n the case of a broadcast which relays another broadcast by 
reception and immediate retransmission, the person making that other 
broadcast;  
 (h) in relation to a cable programme, the person providing the cable programme 
service in which the programme is in cluded;  
 (i) in relation to a computer -generated literary, dramatic, musical or artistic 
work, the person by whom the arrangements necessary for the creation of the 
work are undertaken;  
“broadcasting”  means a transmission of wireless telegraphy of visual i mages, 
sounds or other information which — 
 (a) having regard to section 4 is capable of being lawfully received by me mbers 
of the public; or  
 (b) is transmitted for presentation to members of the public;  
“building”  includes a fixed structure of any kind an d a part of a building or fixed 
structure;  
“business”  includes a trade or profession;  
“cable programme service”  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 cab le programme se rvice 
is a reference to its transmission as part of the service; and   CAP.  311 
Copyright Act  – Subsidiary Legislation  
 
 
 (b) to the person included in it is a reference to the person providing the se rvice;  
“collective works”  means — 
 (a) a work of joint authorship; or  
 (b) a work in which the re are distinct contributions by different authors or in 
which works or parts of works of different authors are incorp orated;  
“communication to the public”  means the transmission by wire or wir eless means 
of the images or sounds, or both, of a work, a perf ormance or a sound recording in 
such a way that the images or sounds can be perceived by person outside the normal 
circle of a family and its closes, social acquaintances at a place or places so distant 
from he place where the transmission originates that,  without the transmission, the 
images or sounds would not be perceivable and further, irrespective of whether the 
person can receive the images or sounds at the same place and time, or different places 
or times;  
“Comptro ller” means the Comptroller of Custo ms and Excise;  
“computer generated work”  means a work generated by a computer in 
circu mstances such that the work has no human author;  
“computer programme”  means a set of instructions whether expressed in words 
or in a dramatic or other form, which is capa ble when incorporated in a machine 
readable medium, of causing an electronic or other device having i nformation process 
capabilities to indicate, perform or to achieve a particular function, task or r esult; 
“copy”  includes — 
 (a) in relation to a work that is literary, dramatic, musical or artistic work, a 
reproduction of the work in any material form; or  
 (b) in respect of an artistic work, a reproduction in three -dimensions, if the 
artistic work is a two dimensional work and a reproduction in two 
dimension s if the artistic work is a three dime nsional work; or  
 (c) in respect of a literary, dramatic or musical work includes a repr oduction in 
the form of a record or film;  
 (d) in relation to a work that is a film, television broadcast, or cable programme 
includes a photograph of the whole or any substantial part of any image 
forming part of the film, broadcast or cable pr ogramme;  
 (e) in relation to a work that is a typographical arrangement of a pu blished 
edition, a facsimile copy of the arrangement; and  
 (f) any category of work includes any copy of the work, however made and in 
whatever medium, that is transient or is incidental to some other use of the 
work,  
and references to the “copying of a work of any description”  shall be co nstrued to 
include a referen ce to storing the work in any medium by electronic means;  
“copyright”  means copyright subsisting under Part II of this Act;  
“country”  includes any territory;  
“Court”  means the High Court;  
“distribution”  means the distribution to the public, for commercial purposes, of 
copies of work by way of rental, lease, hire, loan or similar arrangement and 
distribu ting has a corresponding meaning;   CAP.  311 
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“dramatic work”  includes — 
 (a) a choreographic show or entertainment in dumb show; and  
 (b) a scenario or script for a film  but does not include a film as distinct from the 
scenario or script;  
“drawing”  includes a diagram, map, chart or plan;  
“educational institution”  means any school, college or other educational body 
designated by the Minister by order either specifically or  by reference to a class, for 
the pu rposes of this Act;  
“engraving”  includes an etching, lithograph, product of photogravure, woodcut, 
print or similar work, not being a photograph;  
“exclusive licence”  means a licence in writing signed by or on behalf of t he owner 
of copyright in a work authorising the licensee, to the exclusion of all other persons, 
including the person granting the licence, to exercise a right which would otherwise be 
exercisable exclusively by the owner of the cop yright;  
“exclusive recor ding contract”  means a contract between a performer and another 
person under which that person is entitled, to the exclusion of all other persons, 
including the performer, to make recordings of one or more of his performances with a 
view to their being sho wn or played in public, sold, let for hire, or otherwise 
commercially exploited;  
“film”  means a recording of any medium from which a moving image may by any 
means be produced;  
“future copyright”  includes — 
 (a) copyright which will or may come into existenc e in respect of any future 
work or class of works or on the occurrence of a f uture event;  
 (b) in relation to such copyright a person prospectively entitled thereto by virtue 
of such an a rrangement as stated in section 21;  
“graphic work”  includes — 
 (a) any painting, drawing, diagram, map, chart or plan; and  
 (b) any engraving, etching, lithograph, woodcut or similar work;  
“illicit recording”  means — 
 (a) for the purposes of a performer’s rights, a recording of the whole or a 
substantive part of a performance  of his if it is made, otherwise than for 
private purpose, without his consent;  
 (b) for the purposes of the rights of a person having recording rights under an 
exclusive recording contract, a recording of the whole or any substantial part 
of a performance  subject to the exclusive r ecording contract, if it is made 
otherwise than for private purposes, without his consent or that of the 
performer;  
 (c) the purposes of any offence under this Act, a recording which is an illicit 
recording by virtue of either pa ragraph ( a) or ( b) of this def inition;  
“infringing copy” , in relation to a protected work, means — 
 (a) any copy of the work, the making of which is not authorised under or by 
virtue of any prov isions of this Act;   CAP.  311 
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 (b) any copy of the work that is or is pro posed to be imported into Saint Vincent 
and the Grenadines and its making in Saint Vincent and the Grenadines 
would have constituted an infringement of the copyright in the work of a 
breach of an exclusive agreement relating to that work;  
“literary work”  means— 
 (a) any work, other than a dramatic or musical work, which is written, sp oken or 
sung;  
 (b) a written table or compilation;  
 (c) a computer programme;  
“manuscript” , in relation to a work, means the original document e mbodying the 
work whether writte n by hand or not;  
“Minister”  means the Minister responsible for cop yright;  
“musical work”  means a work consisting of music, exclusive of any words or 
action intended to be sung, sp oken or performed with the music;  
“owner of rights”  means a legal or natural  person who owns the rights to a work;  
“performance” , in relation to — 
 (a) copyright in a protected work, includes — 
 (i) delivery in the case of lectures, addresses, speeches and se rmons,  
 (ii) any mode of visual acoustic presentation including present ation by 
means of a sound recording, film, broadcast or cable programme of 
the work;  
 (b) 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, which is, or to the extent that 
it is, a live programme given by one or more ind ividuals;  
“performer”  means any actor, singer, musician, dancer or other person who acts, 
sings, depicts, delivers, declaims, plays in or otherwise performs a li terary, dramatic, 
musical or artistic work; and references to the performer in the context of the person 
having performer’s rights, shall be construed to i nclude references to the person who, 
pursuant to any provision of this Act, is for the time being ent itled to exercise those 
rights;  
“person having recording rights” , in relation to a performance, means a person 
who being a qualified person — 
 (a) is either a party to or has the benefit of an exclusive recording co ntract to 
which the performance is a subje ct or is a person to whom the benefit of 
such a contract has been a ssigned; or  
 (b) is licenced to make recordings of the performance with a view to them being 
sold or let for hire or shown or played in public, by a person who is within 
the definition in p aragraph ( a) but is not a qualified person;  
“photograph”  means a recording of light or other radiation on any m edium on 
which an image is produced or from which an image may by any means be produced, 
and which is not part of a film;   CAP.  311 
Copyright Act  – Subsidiary Legislation  
 
 
“place of public entert ainment”  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, and the premises that are occupied mainly for other purposes;  
“prospective owner”  has the me aning assigned to it in the definition of “future 
copyright”;  
“protected work”  is work of any category in which copyright subsists by virtue of 
this Act;  
“published edition” , in relation to copyright in the typographical a rrangement of a 
published edition,  means the published edition of the whole or any part of one or more 
literary, dramatic, musical or artistic works;  
“qualified person” — 
 (a) in the case of an individual, means a person who is a citizen of, or whose 
habitual residence is in Saint Vincent a nd the Gren adines;  
 (b) in the case of a body corporate, means a body incorporated or esta blished 
under the Comp anies Act;  
[Chapter 143.]  
“qualifying performance”  means a performance that — 
 (a) is given by an individual who is a qualified pe rson; or  
 (b) takes place in Saint Vincent and the Grenadines, or a specified country;  
“record”  means any disc, tape, perforated roll or other device in which sounds are 
embodied so as to be capable of being reproduced therefrom irr espective of the form 
in which the soun ds are represented, other than a sound track associated with a film, 
but includes in relation to a performance, a film incorporating the pe rformance;  
“recording” , in relation to a performance, means a film or sound recor ding— 
 (a) made directly from the li ve performance;  
 (b) made from a broadcast of, or cable programme including, the pe rformance; 
or 
 (c) made directly or indirectly from another recording of the perfor mance;  
“rental”  means any arrangement under which a copy of a work is made 
available— 
 (a) for payment in money or money’s worth; or  
 (b) in the course of a business, as part of services or amenities for which 
payment is made,  
on terms that it will or may be returned;  
“reprographic process”  includes — 
 (a) a process for making facsimile copies;  
 (b) a process involving the use of an appliance for making multiple copies; or  
 (c) in relation to a work held in electronic form, any copying by ele ctronic 
means of the work, except for the making of a film or sound recording;  
“sculpture”  includes a cast  or model made for pu rposes of sculpture;  
“sound recording”  means —  CAP.  311 
Copyright Act  – Subsidiary Legislation  
 
 
 (a) a recording of sounds from which the sounds may be repr oduced; or  
 (b) a recording of the whole or any part of a literary, dramatic or mus ical work 
from which sounds reproducing the wo rk or part thereof may be pr oduced,  
regardless of the medium on which the recording is made or the method by which the 
sounds are reproduced or produced or the form in which the sounds are represented;  
“specified country”  means a country specified by the M inister by o rder; 
“telecommunications system”  means a system for conveying visual i mages, 
sounds or other information by electronic means;  
“to broadcast”  means to transmit by the emission of electromagnetic e nergy 
otherwise than over a path that is provide d by a material substance, vi sual images or 
sounds, or other information, irrespective of the form in which the sounds, images or 
information are represented for reception by the public notwithstanding that — 
 (a) subsequent to the initial transmission, but  before reception by the public, the 
images or sounds may be carried on a path provided by a material su bstance;  
 (b) the public receiving or capable of receiving the images or sounds is in a 
country other than that from which the original transmission too k place; or  
 (c) no member of the public actually received the images or sounds, provided 
only that members of the public could, if in possession of suitable apparatus, 
receive them,  
and “broadcasting”  and “re-broadcasting”  shall have corresponding mea nings; 
“typeface”  includes an ornamental motif used in prin ting; 
“unauthorised” , when used to describe any act done in relation to a work, means — 
 (a) if copyright subsists in the work, an act done otherwise than by or with the 
licence of the owner of the copy right;  
 (b) if copyright does not subsist in the work, an act done otherwise than by or 
with the licence of the author or person lawfully claiming u nder him;  
“wireless telegraphy”  means the emitting or receiving otherwise than over a path 
that is provided by a material substance of electromagnetic energy transmitting visual 
images or sounds or both visual images or sounds;  
“work”  means — 
 (a) a literary, dramatic, musical or artistic work;  
 (b) a sound recording, film, broadcast or cable pr ogramme;  
 (c) the typographical arrangement of a published edition;  
“work of joint authorship”  means a work produced by the collaboration of two or 
more authors in which the contribution of each author is not separate from the 
contrib ution of the other author or authors;  
“writing”  includes any form of notation, whether by hand or by printing, 
typewriting or by any other process.  
(2)  References in this Act to the time at which, or the period during which, a literary, 
dramatic or musical work was made are references to the ti me or period at or during 
which it was first written down, recorded or expressed in some other material form.  
3.   Publication   CAP.  311 
Copyright Act  – Subsidiary Legislation  
 
 
(1)  For the purposes of this section, “publication in relation to work”  means — 
 (a) the issue of copies to the public and relate d expression shall be co nstrued 
accordingly;  
 (b) in the case of a literary, dramatic, musical or artistic work, making it 
available to the public by means of an electronic retrieval system.  
(2)  In the case of a work or architecture in the form of a build ing, or an arti stic work 
incorporated in a building, completed construction of the building shall be treated as 
equiv alent to publication of the work.  
(3)  The following do not constitute publication for the purposes of this Act — 
 (a) in the case of a lite rary, dramatic or musical work — 
 (i) the performance of the work,  
 (ii) the broadcasting of the work or its inclusion in a cable pr ogramme 
service, otherwise than for the purposes of an ele ctronic retrieval 
system;  
 (b) in the case of an artistic work — 
 (i) the exhibition of the work, or  
 (ii) the issue to the public of copies of photographs of a work of 
architecture in the form of building, or a model, a sculpture or a work 
of artistic craftsmanship, or  
 (iii) the issue to the public of copies of a film in cluding the work, or  
 (iv) the broadcasting of the work or its inclusion in a cable pr ogramme 
service, otherwise than for the purposes of an ele ctronic retrieval 
system;  
 (c) in the case of a sound recording or film — 
 (i) the work being played or shown in public, or  
 (ii) the broadcasting of the work or its inclusion in a cable programme 
service.  
(4)  A publication that is merely colourable that does not constitute an i nfringement of 
copyright or constitute an offence under this Act shall be disr egarded for  the purposes of 
this Act.  
(5)  For the purposes of this Act, a publication outside of Saint Vincent and the 
Grenadines shall not be treated as being other than the first publication by reason only of 
an earlier publication elsewhere, if the two publicatio ns took place within a period of not 
more than thirty days.  
(6)  In determining for the purposes of this Act — 
 (a) whether a work has been published;  
 (b) whether a publication of a work was the first publication of work; or  
 (c) whether a work was publish ed or otherwise dealt with in the lif etime of a 
person,  
any unauthorised publication or the doing of any other unauthorised act shall be 
disregarded.  
(7)  A publication or other act shall for the purposes of subsection (6) be taken to have 
been unauthorise d if—  CAP.  311 
Copyright Act  – Subsidiary Legislation  
 
 
 (a) copyright subsisted in the work and the act co ncerned was done otherwise 
than by, or with the licence of the owner of the cop yright; or  
 (b) copyright did not subsist in the work and the act concerned was done 
otherwise than by, or with the lice nce of — 
 (i) the author, or  
 (ii) persons lawfully claiming under the a uthor. 
(8)  Nothing in either subsection (6) or (7) affects any provisions of this Act relating to 
the acts conferred in copyright or to the acts constituting infringements of cop yright  or 
offences under this Act.  
4.   Lawful reception of encrypted broadcasts  
(1)  In relation to the broadcast of a work, an encrypted transmission shall be regarded as 
capable of being lawfully received by members of the public only if decoding equi pment 
has been lawfully made available to members of the public by or with the a uthority of the 
person making the transmission or the persons providing the contents of the tran smission.  
(2)  References in this Act to the person making a broadcast, broadcasting a w ork 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 co ntents; and  
 (b) to any person providing the programme who makes with the person 
transmitting it, the a rrangements necessary for receiving its transmi ssion,  
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 Works  
5.   Categories of protected works  
(1)  Subject to t his section, the categories of works in which copyright under this Act 
may subsist are — 
 (a) original literary, dramatic, musical or artistic works;  
 (b) sound recordings, films, broadcasts or cable programmes;  
 (c) typographical arrangements of published editions.  
(2)  A literary, dramatic or musical work shall not be eligible for copyright prote ction 
unless it is written down, recorded or otherwise fixed in a material form; and the storage 
of the work in a computer shall be regarded as a recording of the work in a mat erial form.  
(3)  For the purposes of subsection (2), it is immaterial whether the works is r ecorded 
by or with the permission of the author; and where it is not recorded by the author, 
nothing in that subsection shall affect the question wheth er copyright subsists in the 
record of the work as distinct from the work recorded.   CAP.  311 
Copyright Act  – Subsidiary Legislation  
 
 
6.   Qualification for copyright protection  
(1)  A literary, dramatic, musical or artistic work, or, subject to subsection (2) a 
typographical arrangement of a pu blished ed ition, qualifies for copyright protection 
where — 
 (a) the author thereof was a qualified person at the time at which the work was 
made or, if the making of the work extended over a period of time and the 
author was a qualified person for a substantial part  of that period; or  
 (b) in the case of a published work — 
 (i) where having regard to section 3, the first publication took place in 
Saint Vincent and the Grenadines or in a specified country,  
 (ii) the author was a qualified person at the time at which th e work was 
first pu blished,  
 (iii) where the author had died before publ ication but was a qualified 
person imm ediately before his death; or  
 (c) in the case of an artistic work which is a buil ding or incorporated in a 
building, if the building is erected i n Saint Vincent and the Grenadines or in 
a specified cou ntry. 
(2)  Copyright shall not subsist in the typographical arrangement of a published ed ition, 
or to the extent that it reproduces the typographical arrangement of a previous ed ition. 
(3)  A sound re cording or film qualifies for copyright pr otection if — 
 (a) the maker of the recording or film was a qual ified person for the whole or 
substantial part of the period during which the sound recording or film was 
made; or  
 (b) having regard to section 3, if the sound recording or film has been pu blished 
and the first publication took place in Saint Vincent and the Gren adines or in 
a specified country.  
(4)  Copyright does not subsist in a sound recording or film which is, or to the extent 
that it is, a copy ta ken from a prev ious sound recording or film.  
(5)  A broadcast qualifies for copyright protection if it is made in Saint Vincent and 
the Grenadines or in a specified country by a transmitting station in respect of which there 
is a valid licence granted unde r the Telecommunications Act.  
[Chapter 418.]  
(6)  Copyright does not subsist in a broadcast which infringes or to the extent that it 
infringes the copyright in a nother broadcast or programme.  
(7)  A cable programme qualifies for copyright protection if it is sent from a place in 
Saint Vincent and the Grenadines or in a specified country, in acco rdance with any law in 
force regulating transmission by cable.  
(8)  Subject to subsection (7), copyright shall not subsist in any cable pr ogramme — 
 (a) if it is incl uded in a cable programme service by reception and immediate re -
transmission of a broadcast; or  
 (b) if it infringes, or to the extent that it infringes, the copyright in another c able 
programme or in a broadcast.  
(9)  In relation to a work of joint owners hip the references in subsection (1) to author 
shall be construed as references to any one of the authors.   CAP.  311 
Copyright Act  – Subsidiary Legislation  
 
 
(10)  If the qualification requirements of this section are once satisfied in respect of a 
work, copyright does not cease to exist by reason of any s ubsequent event.  
(11)  The provisions of this Act shall also apply to works that are eligible for prote ction 
in Saint Vincent and the Grenadines by virtue of and in accordance with any intern ational 
convention or other international agreement to which Sain t Vincent and the Gren adines  is 
party.  
7.   Nature of copyright economic rights  
(1)  Subject to the provisions of this Act, the owner of Copyright shall have the 
exclusive right to do, authorise, or prohibit the following acts in relation to the work — 
 (a) reproduction of the work;  
 (b) translation of the work;  
 (c) adaptation, arrangement or other transform ation of the work;  
 (d) the first public distribution of the original and each copy of the work by sale, 
rental, or othe rwise;  
 (e) rental or public len ding of the original or a copy of an audiovisual work, a 
work embodied in a sound recording, a computer programme, a data base or 
a musical work in the form of notation, irrespective of the ownership of the 
original or copy co ncerned;  
 (f) importation of c opies of the work, even where the imported copies were 
made with the a uthorisation of the owner of copyright;  
 (g) public display of the original or a copy of the work;  
 (h) public perfor mance of the work;  
 (i) broadcasting of the work;  
 (j) communication to the public of the work.  
(2)  The rights of rental and lending under subsection (1)( e) shall not a pply— 
 (a) to rental or lending of computer programmes where the programme itself is 
not the essential object of the rental or lending; or  
 (b) to cinematog raphic works unless such commercial rental has led to 
widespread copying of such works materially impairing the exclusive right 
of production.  
(3)  The onus of proving that widespread copying of a cinematographic work has 
materially impaired the exclusive right of production under this se ction rests upon the 
person who alleges that this is the case.  
Duration of Copyright Protection  
8.   Duration of copyright in literary works, etc.  
(1)  Subject to the provisions of this section, copyright in any literary, d ramatic, 
musical or artistic work expires at the end of the period of seventy -five years from the 
end of the calendar year in which the author dies.  
(2)  Where the authorship of a work referred to in subsection (1) is unknown, 
copyright in that work expire s at the end of the period of fifty years from the end of the  CAP.  311 
Copyright Act  – Subsidiary Legislation  
 
 
calendar year in which it was first made available to the public, and subse ction (1) shall 
not apply if the identity of the author becomes known after the end of that period.  
(3)  For the purpos es of subsection (2), acts that constitute the making available of a 
work to the public include — 
 (a) in relation to a literary, dramatic or musical work, the performance of the 
work in public or its broadcast or inclusion in a cable programme service;  
 (b) in relation to an artistic work, the exhibition of the work in public or its 
inclusion in a film shown to the public or in a broadcast or cable pr ogramme 
service,  
so, however, that in determining for the purpose of this su bsection whether a work has 
been  made available to the public any unauthorised act shall be disregarded.  
(4)  The provisions of subsections (1) and (2) shall not apply to computer -generated 
work, the copyright in which e xpires at the end of the period of fifty years from the end of 
the c alendar year in which the work is made.  
(5)  In relation to a work of joint authorship — 
 (a) the reference in subsection (1) to the death of the author shall be co nstrued — 
 (i) where the identity of all the authors is known, as a refe rence to the 
death of the last of them to die,  
 (ii) where the identity of one or more of the authors is known and the 
identity of one or more others is not, as a reference to the death of the 
last of the authors whose identity is known; and  
 (b) the reference in subsection (2)  to the identity of the author b ecoming known, 
shall be construed as a reference to the identity of any of them b ecoming 
known.  
(6)  A work is of unknown authorship if the identity of the author is unknown or, in 
the case of a work of joint autho rship, if the identity of none of the authors is known.  
(7)  The identity of an author shall be regarded as unknown if it is not possible for a 
person to ascertain his identity by reasonable inquiry, but if his ide ntity is once known it 
shall not subsequently be reg arded as unknown.  
9.   Duration of copyright in sound recordings and films  
(1)  Copyright in a sound recording or film expires at the end of the period of fifty 
years from the end of the calendar year in which it was made or, where it is made 
available to the public before the end of that period, seventy -five years from the end of 
the calendar year in which it is so made available.  
(2)  For the purposes of subsection (1) a sound recording or film is made available to 
the public when — 
 (a) it is first publis hed, broadcasted or included in a cable programme se rvice;  
 (b) in the case of a film or film sound track, the film is first shown in pu blic. 
(3)  In determining whether a sound recording or film has been made available to the 
public, any unauthorised act shall be disregarded.  
10.   Duration of copyright in broadcasts and cable pr ogrammes   CAP.  311 
Copyright Act  – Subsidiary Legislation  
 
 
(1)  Copyright in a broadcast or cable programme expires at the end of the period of 
fifty years from the end of the calendar year in which the broadcast was made or the 
programme included in a cable programme service.  
(2)  Copyright in a repeat broadcast or a repeat cable programme expires at the same 
time as copyright in the original broadcast or cable programme.  
(3)  No copyright arises in respect of a repeat broadcast o r a repeat cable programme 
which is broadcast or, as the case may be, included in a cable programme service after the 
expiry of the copyright in the original broadcast or cable pr ogramme.  
(4)  References in subsection (2) to a repeat broadcast of a repeat programme means 
one that is a repeat of a broadcast previously made or, as the case may be, of a cable 
programme previously included in a cable programme service.  
11.   Duration of copyright in typographical arrangements  
Copyright in the typographical arr angement of a published edition expires at the end 
of period of twenty -five years from the end of the calendar year in which the edition was 
first published.  
PART III  
Moral Rights and Related Rights  
12.   Moral rights  
(1)  By virtue of and subject to the p rovisions of this Act — 
 (a) the author of a literary, dramatic, musical or artistic work that is pr otected 
work; or  
 (b) the director of a film that is a protected work,  
shall have in respect of such work, the rights specified in se ctions 13 and 14.  
13.   Right to be identified as author  
(1)  Subject to the provisions of this Part, the author of a literary, dramatic, m usical or 
artistic work that is a protected work and the director of a film that is a protected work 
shall have, respectively, the right to b e identified as the author or, as the case may be, 
director of the work in the circumstances spec ified in this section.  
(2)  The author of a literary work other than words intended to be sung or sp oken with 
music, or a dramatic work has the right to be ide ntified as such whenever — 
 (a) the work or an adaptation of it is published commercially, performed in 
public, broadcast or included in a cable programme service;  
 (b) copies of a film or sound recording including the work or an adaptation of it 
are issued  to the public.  
(3)  The author of a musical work or a literary work consisting of words intended to be 
sung or spoken with music, has the right to be identified as the author whe never— 
 (a) the work or an adaptation of it is published commercially;  
 (b) copies of a sound recording of the work or an adaptation of it are issued to 
the public; or   CAP.  311 
Copyright Act  – Subsidiary Legislation  
 
 
 (c) a film, the soundtrack of which includes the work, is shown in public or 
copies of the film are issued to the public.  
(4)  The author of an artistic work has th e right to be identified as such whe never— 
 (a) the work is published commercially or exhibited in public or a visual image 
of it is broadcast or included in a cable programme service;  
 (b) a film including a visual image of the work is shown in public or copies of 
the film are issued to the public; or  
 (c) in the case of a work of architecture in the form of a building or a model for 
a building, a sculpture of a work of artistic craftsmanship, copies of a graphic 
work representing it or of a photograph of it, are issued to the pu blic. 
(5)  In addition to the right specified in subsection (4)( c), the author of a work of 
architecture in the form of a building has the right to be identified on the building as 
constructed or, where more than one building is con structed to the design, on the first to 
be constructed.  
(6)  The director of a film has the right to be identified as director whenever the film is 
shown in public, broadcast or included in a cable programme service or copies of the film 
are issued to the public.  
(7)  The right of an author or director under this section is — 
 (a) in the case of commercial publication or the issue to the public of copies of a 
film or sound recording, to be identified in or on each copy or, if that is not 
appropriate, in some  other manner likely to bring his identity to the notice of 
a person acquiring a copy;  
 (b) in the case of identification on a building, to be identified by appropriate 
means visible to pe rsons entering or approaching the building; and  
 (c) in any other ca se, to be identified in a manner likely to bring his identity to 
the attention of a person seeing or hearing the performance, exh ibition, film, 
broadcast or cable programme in question,  
and the identification must, in each case, be clear and re asonably pro minent.  
(8)  For the purposes of this section, any reasonable form of identification may be 
used.  
(9)  Except as may be provided by contract, the right conferred by this section shall 
not apply in relation to — 
 (a) a computer programme, the design of a typ eface 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, di ctionary, yearbook or other collective work of reference, of 
a literary, dramatic, musical or artistic work made for the purposes of the 
publication or made available with the consent of the author for purposes of 
the public ation; 
 (d) a work in which copyright originally vested in an international organisation 
by vi rtue of section 144 unless the author or director has previously been 
identified as such in or on published co pies of the work.  
14.   Right to object to derogatory treatment of work   CAP.  311 
Copyright Act  – Subsidiary Legislation  
 
 
(1)  For the purposes of this section, “treatment of a work”  means any add ition to, 
deletion from, alteration to or adaptation of the work other than — 
 (a) a translation of a literary or dramatic work; or  
 (b) an arrangement or transcription of a musical work involving no more than a 
change of key or register.  
(2)  The treatment  of a work is derogatory if it amounts to distortion or multiplication 
of the work or is otherwise prejudicial to the honour or reputation of the author or 
director, and references to a derogatory treatment of a work shall be construed 
accor dingly.  
(3)  Subject to the provisions of this part the author of a literary, dramatic, m usical or 
artistic work that is a protected work and the director of a film that is a protected work 
have, respectively, the right not to have the work or any part of it subjected to  derogatory 
treatment, and the right is infringed by any person who does any of the acts specified in 
section 36 of this Act.  
15.   False attribution of work  
(1)  For the purposes of this section, “attribution” , in relation to work, means a 
statement wheth er expressed or implied, as to the identity of the author or director.  
(2)  A person has the right — 
 (a) not to have a literary, dramatic, musical or a rtistic work falsely attributed to 
him as author; and  
 (b) not to have a film falsely attributed to him a s director.  
(3)  The right conferred by subsection (1) is infringed in the circumstances specified in 
section 38.  
16.   Right to privacy commissioned photographs and films  
Subject to section 38, a person who for private and domestic purposes commissions 
the taking of a photograph or the making of a film shall have, where the resulting work is 
a protected work, the right not to have — 
 (a) copies of the work issued to the public;  
 (b) the work exhibited or shown in public; or  
 (c) the work broadcast or includ ed in a cable pr ogramme service.  
17.   Duration of moral rights and related rights  
(1)  The rights conferred by sections 13, 14 and 16 shall subsist so long as copyright 
subsists in the work.  
(2)  The right conferred by section 15 shall subsist until the e nd of the period of 
twenty years from the end of the cale ndar year in which the person dies.  
18.   Consent and waiver of rights  
(1)  A person having a right conferred under this Part may consent to the doing of any 
act affecting the right or may waive the right.  
(2)  A right to which subsection (1) refers may be waived by instrument in wri ting 
signed by the person giving up the right and the waiver —  CAP.  311 
Copyright Act  – Subsidiary Legislation  
 
 
 (a) may relate to works generally or to a specific work or class of works and 
may relate to exis ting or futu re works; and  
 (b) may be conditional or unconditional and may be expressed to be su bject 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 unless a co ntrary intention is 
expressed, be presumed to extend to his licensees and successors in title.  
(4)  Nothing in this Part shall be construed as excluding the operation of the general 
law of contract or estoppel in relation to an informed waiver or other tra nsaction in 
relation to any of the rights to which this Part relates.  
19.   Application of provisions to joint works  
(1)  A film is “jointly directed” if it is made by the collaboration of two or more 
directors and the contribution of each director is not distinct from that of the other 
director. 
(2)  The right conferred by section 13 is, in the case of a work of joint authorship, a 
right of each joint author to be identified as a joint author.  
(3)  The right conferred by section 14 is, in the case of a wor k or joint authorship, a right 
of each joint author and his right is satisfied if he consents to the treatment in que stion. 
(4)  A waiver of rights under section 18 by one joint author does not affect the rights 
of the other joint authors.  
(5)  Subsections  (1), (2) and (3) also apply, with such modifications as are ne cessary, 
in relation to a film which was, or is alleged to have been, jointly directed as they apply to 
a work which is, or is alleged to be, a work of joint autho rship.  
(6)  The right conferre d by section 16 is, in the case of a work made in pu rsuance of a 
joint commission, a right of each person who commissioned the making of the work, so 
that— 
 (a) the right of each is satisfied if he consents to the act in question; and  
 (b) a waiver under s ection 18 by one of them does not affect the rights in the 
others.  
20.   Application of provisions to part of work  
The rights conferred by — 
 (a) sections 13 and 16 apply in relation to the whole or any substa ntial part of a 
work; and  
 (b) sections 14 and 1 5 apply in relation to the whole or any part of a work.  
PART IV  
Ownership and Assignment of Rights  
Ownership of Copyright  
21.   Ownership of copyright   CAP.  311 
Copyright Act  – Subsidiary Legislation  
 
 
(1)  Subject to this Act the author of a protected work is the first owner of any 
copyright in that work unless there is an agreement to the contrary.  
(2)  Subsection (1) shall not apply to copyright subsisting in a work pursuant to 
section 41.  
(3)  Where a protected work is a work of joint authorship the authors of the work shall 
be co -owners of the copyrigh t in that work.  
(4)  Where a protected work has been made by or under the direction or control of the 
Government and, apart from this subsection, no copyright would subsist in the work, then 
copyright shall subsist therein by virtue of this subsection and shall belong to the Crown.  
(5)  The copyright subsisting in a protected work which has, with the author’s wri tten 
consent been first published in Saint Vincent and the Grenadines by or under the dire ction 
of control of the Government shall initially belong  to the Crown.  
(6)  Subsection (5) shall have effect subject to any agre ement whereby it is agreed that 
the copyright in the work shall vest in the author or in some other person de signated in 
the agreement.  
(7)  For the purposes of this section, the term “agreement”  includes any conditions 
regulating or applying to the e mployment of a person in the service of the Crown.  
22.   Assignment and licences  
(1)  Subject to this section, copyright in a work may be transferred by a ssignment, by 
testamentary disposit ion or by operation of law, as personal or moveable pro perty. 
(2)  A transfer pursuant to this section by way of assignment shall not be effe ctive 
unless it is in writing and signed by or on behalf of the assignor.  
(3)  An assignment or other transfer of c opyright may be partial, so as to apply — 
 (a) to one or more, but not all, of the things the owner of the cop yright has the 
exclusive right to do;  
 (b) to part, but not the whole, of the period for which copyright is to su bsist. 
(4)  A licence granted by t he owner of copyright in a work shall be binding on every 
successor in title to his interest in copyright, except a purchaser in good faith for valuable 
consideration and without actual or constructive n otice of the licence or a person deriving 
title from the purchaser.  
(5)  References in this Act to doing anything with or wit hout the licence of the owner 
of the copyright shall be co nstrued accordingly.  
23.   Prospective ownership of copyright  
(1)  Where, by an agreement made in relation to any f uture copyr ight and signed by or 
on behalf of the prospective owner of the copyright, the prospective owner purports to 
assign the future copyright wholly or partially to another person (in this section referred 
to as the assignee), then, if on the co ming into existe nce of the copyright, the assignee or 
another person claiming under him would be entitled as against all other persons to 
require the copyright to be vested in him, wholly or partly as the case may be, the 
copyright shall vest, on coming into existence, in  the assignee or his successor in title by 
virtue of this subsection.  
(2)  If, at a time when any copyright comes into existence the person who, if he were 
then living would be entitled to the copyright is dead, the copyright shall devolve as if it had 
subsisted immediately before his death and he had then been the owner of the cop yright.   CAP.  311 
Copyright Act  – Subsidiary Legislation  
 
 
(3)  Section 22(4) shall apply, in relation to a licence granted by a prospe ctive owner 
of any copyright, as it applies in relation to a licence granted by the owner of a subsisting 
copyright and as if any reference in that subsection to the owner’s interest in the 
copyright included a reference to his prospective interest therein.  
24.   Copyright in unpublished works passes under will  
(1)  Where under a bequest a person is  entitled, benef icially or otherwise, to — 
 (a) the manuscript or other support on which a li terary, dramatic, musical or 
artistic work was first expressed in material form; or  
 (b) the material support embodying a sound recording or film,  
and the work had not been published before the death of the testator, the bequest shall, 
unless a contrary intention is ind icated in the testator’s will or a codicil to it, be construed 
as including the copyright in the work in so far as the testator was the owner of the 
copyright immediately before his death.  
25.   Moral rights not assignable  
The rights conferred under Part III shall be not assignable.  
26.   Transmission of moral rights on death  
(1)  On the death of a person entitled to a right conferred by section 13, 14 or 16 the 
right passes — 
 (a) to a person as he may by testamentary disposition specifically d irect; or  
 (b) in the absence of any direction, then if the copyright in the work in que stion 
forms part of his estate, to the person to whom the copyright passes,  
and to the extent that, the right does not pass under par agraph ( a) or ( b), it is exercisable 
by his personal represent atives.  
(2)  Where copyright forming part of a person’s estate passes in part to one person and 
in part to another, any right which pass es with the copyright by virtue of subse ction (1)  is 
correspondingly divided.  
(3)  Where by virtue of subsection (1)( a) or ( b) a right becomes exercisable by more 
than one person, then — 
 (a) where the right is conferred by section 14 or 16, it is a right e xercisable by 
each of them;  
 (b) where the right is conferred by section 13 or 16 it is a right exercisable by 
each of them and is satisfied in relation to any of them if he co nsents to the 
treatment or act in question; and  
 (c) any waiver of the right in accordance with se ction 18 by one of them does 
not affect the rights of the others.  
(4)  A consent or waiver previously given binds any person to whom a right passes by 
virtue of subsection (1).  
(5)  Any infringement after a person’s death of the right con ferred by section 15 is 
actionable by his personal represe ntatives.   CAP.  311 
Copyright Act  – Subsidiary Legislation  
 
 
(6)  Any damages recovered by personal representatives by virtue of this section in 
respect of an infringement after a person’s death shall devolve as part of his estate as if 
the right of  action had subsisted and been vested in him immediately before his death.  
PART V  
Infringement of Rights  
27.   Meaning of action  
For the purposes of this Part, “action”  includes a counter claim, and references to the 
claimant and to the defendant in an act ion shall be construed accordingly.  
28.   Acts infringing copyright  
(1)  The copyright in a protected work is infringed by any person who, not being the 
owner of the copyright and without the licence of the owner of the work thereof — 
 (a) does or authorise s another unauthorised person to do any of the acts 
mentioned in section 7 in relation to that work;  
 (b) imports an article otherwise than for his private and domestic use in Saint 
Vincent and the Grenadines that he knows or has reason to believe is an 
infringing copy of the work;  
 (c) in Saint Vincent and the Grenadines or on any ship or aircraft registered in 
Saint Vincent and the Grenadines — 
 (i) possesses in the course of business,  
 (ii) sells, lets for hire, or by way of trade o ffers or exposes for sa le or hire, 
or 
 (iii) by way of trade exhibits in public,  
an article which he knows or has reason to believe is an i nfringing copy of the work.  
(2)  Subsection (1)( c) shall apply, in relation to the distribution of any art icle either — 
 (a) for the purposes  of trade; or  
 (b) for other purposes, but only to such an extent as to affect prejudicially the 
owner of the cop yright,  
as it applies in relation to the sale of the article.  
(3)  Copyright in a work is infringed by a person who, without the licence of the  
copyright owner — 
 (a) makes;  
 (b) imports into Saint Vincent and the Grenadines;  
 (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 w ork, knowing or 
having reason to believe that it is to be used to make infringing copies.  
(4)  Copyright in a work is infringed by a person who, without the licence of the 
copyright owner, transmits the work by means of a telecommunications system otherwis e  CAP.  311 
Copyright Act  – Subsidiary Legislation  
 
 
than by broadcasting or inclusion in a cable programme service; knowing or having 
reason to believe that infringing copies of the work will be made by means of the 
reception of the transmission in Saint Vincent and the Grenadines or els ewhere.  
(5)  Where  the copyright in a literary, dramatic or musical work is infringed by a 
performance at a place of public ente rtainment, any person who gave permission for that 
place to be used for the performance is also liable for the infringement unless when he 
gave pe rmission he believed, on reasonable grounds that the performance would not 
infringe copyright.  
(6)  Where copyright in a work is infringed by a public pe rformance of the work or by 
playing or showing of the work in public by means of apparatus for playing sound 
recordings or showing films or receiving visual images or sounds conveyed by electronic 
means, the person specified in subsection (8) is also liable for the infringement.  
(7)  The person referred to in subsection (6) is a person who, when he supplied  the 
apparatus or part of it — 
 (a) knew or had reason to believe that the appar atus was likely to be used as to 
infringe cop yright; or  
 (b) in the case of an apparatus which normal use involves a public perfor mance, 
playing or sho wing, he did not believe o n reasonable grounds that it would 
be so used to infringe copyright.  
(8)  An occupier of premises who gave permission for the apparatus to be brought 
onto the premises, is liable for the infringement, if when he gave permission he knew or 
had re ason to bel ieve that the apparatus was likely to be so used as to infringe copyright.  
(9)  A person who supplied a copy of a sound recording or film used to infringe 
copyright is liable for the infringement, if when he supplied it he knew or had reason to 
believe tha t what he supplied or a copy made directly or ind irectly from it, was likely to 
be so used as to infringe copyright.  
Remedies for Infringement of Economic Rights  
29.   Action by owner of copyright for infringement  
(1)  An infringement of copyright shall be  actionable in the Court at the suit of the 
copyright owner, and subject to the provisions of this section, in any action for such an 
infringement all relief by way of damages, injunction, a ccounts or otherwise, shall be 
available to the claimant as is ava ilable in any corresponding proceedings in respect of 
the infringements of other proprietary rights.  
(2)  Where, in an action for infringement of copyright, it is proved or admi tted that — 
 (a) an infringement was committed; but  
 (b) at the time of the infr ingement the defendant was not aware and had no 
reasonable grounds for suspecting, that copyright subsisted in the work 
which the action relates,  
the claimant shall not be entitled under this section to any damages against the defendant 
in respect of the i nfringement but shall be entitled to an account of profits in respect of 
the infringement whether any other relief is granted u nder this section or not.  
(3)  Where in an action under this section an infringement of copyright is proved or 
admitted, the Cour t, having regard to the flagrancy of the infringement, shall have power  CAP.  311 
Copyright Act  – Subsidiary Legislation  
 
 
in asses sing damages for the infringement, to award such additional damages as the Court 
may consider appropriate in the ci rcumstances.  
(4)  In an action for infringement of copyright in respect of the constru ction of a 
building, no injunction or other order shall be made — 
 (a) after the construction of the building has begun, so as to prevent it from 
being completed; or  
 (b) so as to require the building in so far as it has been constr ucted, to be 
demolished.  
30.   Order for delivery up in civil proceedings  
(1)  Subject to the provisions of this section where a person — 
 (a) in the course of his business has an infringing copy of a work in his 
posse ssion, custody or control; or  
 (b) has in his possession, custody or control an art icle specifically designed or 
adapted for making copies of a particular protected work, knowing or ha ving 
reason to believe that it has been or is being used to make infringing co pies, 
the copyright owner may app ly 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 and no order shall be made unless the Court also makes, or it 
appears to the Court that there are grounds for making, an order under section 135 for the 
disposal of the infringing copies.  
(3)  A person to whom an infringing copy or other article is delivered up p ursuant to 
an order made under this section shall, if an order under section 135 is not made, retain it 
pending the making of an order or the decision not to make an order, under that section.  
31.   Right to seize infringing copies  
(1)  Subject to any deci sion of the Court under section 135 and to the co nditions 
specified under subsections (2), (3) and (4) of this section, an infringing copy of a work 
which is found to be exposed or otherwise immediately avai lable for sale or hire, and in 
respect of which t he copyright owner would be entitled to apply for an order under 
section 30 may be seized and detained by him or a person authorised by him.  
(2)  Prior to the seizure of anything under this section notice of the time and place of 
the proposed seizure shall  be given to the nearest police station.  
(3)  At the time that anything is seized under this section there shall be left at the place 
where it was seized a notice in the prescribed form containing the prescribed pa rticulars 
as to the person by whom or on w hose authority the seizure is made and the grounds on 
which it is made.  
(4)  For the purposes of this section, “premises”  includes land, buildings, fixed or 
moveable structures, vehicles, vessels and aircraft.  
32.   Wide injunction available to licensing b odies  
Where, in an action under this Part — 
 (a) the infringement of copyright is proved or a dmitted;  
 (b) the plaintiff is a licensing body as defined in section 84; and   CAP.  311 
Copyright Act  – Subsidiary Legislation  
 
 
 (c) the Court having regard to all material circumstances is satisfied that 
effective relief would not otherwise be available to the plaintiff,  
the Court may grant an injunction extending to all the pr otected works of which the 
claimant is an owner of the copyright notwithstanding that the i nfringement related to 
only one or some of the wo rks. 
33.   Definition of exclusive licence  
(1)  For the purposes of this section, “exclusive licence”  means a licence in writing, 
signed by or on behalf of an owner or prospective owner of copyright, authori sing the 
licensee, to the exclusion of all other persons, including the grantor of the licence, to 
exercise a right which by virtue of this Act would apart from the licensee be exercisable 
exclusively by the owner of the cop yright.  
(2)  Subject to the following provisions of this section an exclusive lic ensee shall have, 
except against the copyright owner, the same rights and remedies in respect of matters 
occurring after the grant of the licence as if the licence had been an assignment.  
(3)  Where an action is brought either by the owner of the copyright  or by the 
exclusive licensee, and the action, in so far as it is brought under section 29, relates to an 
infringement in respect of which the owner and the exclusive licensee have concurrent 
rights of action under this section, the owner or excl usive lice nsee as the case may be, 
shall not be entitled, except with the leave of the Court to proceed with the action, in so 
far as it is brought under that se ction and relates to that infringement, unless the other 
party is either joined as a claimant in the acti on or added as defendant, save that this 
section shall not affect the granting of an interlocutory injun ction on the application of 
either of them.  
(4)  In any action brought by the exclusive licensee by virtue of this section, any 
defence which would have  been available to a respondent in the a ction, if this section had 
not been enacted and the action had been brought by the owner of the copyright shall be 
available to that respondent as against the exclusive licensee — 
 (a) if the claimant is the exclusive  licensee, shall take into account any liabil ities 
in respect of royalties or otherwise, to which the l icence is subject; and  
 (b) whether the claimant is the owner of the copyright or the exclusive lice nsee, 
shall take into account any pecuniary remedy al ready awarded to the other 
party under section 29 in respect of that infringement, or, as the case may 
require, any right of action exercisable by the other party under that section 
in respect thereof.  
(5)  Where an action is brought in the circumstances m entioned in subse ction (2) and 
the owner of the copyright and the exclusive licensee are not both claimants in the action, 
the court in assessing damages in respect of any such infringement as is me ntioned in that 
subsection — 
 (a) if the plaintiff is the e xclusive licensee, shall take into account any liabil ities 
(in respect of royalties or otherwise) to which the licence is subject; and  
 (b) whether the plaintiff is the owner of the cop yright or the exclusive licensee, 
shall take into account any pecuniary  remedy a lready awarded to other party 
under section 29 in respect of that infringement, or, as the case may require, 
any right of action exercisable by the other party under that section in respect 
thereof.  
(6)  Where an action, in so far as it is brought  under section 29, relates wholly or 
partly to an infringement in respect of which the owner of the copyright and the excl usive  CAP.  311 
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licensee have concurrent rights of action under that section, and in that action whether 
they are both parties to it or not; an account of profits is directed to be taken in respect of 
that i nfringement, then, subject to any agreement of which the Court is aware whereby 
the application of those profits is d etermined as between the owner of the copyright and 
the e xclusive licensee, the Court shall apportion the profits between them as the Court 
may consider just and shall give such directions as the Court may consider appr opriate for 
giving effect to that apportionment.  
(7)  In an action brought either by the owner of the copyright o r by the exclusive 
licensee — 
 (a) no judgement or order for the payment of damages in respect of an 
infring ement of copyright shall be given or made under section 29, if a final 
judgement or order has been given or made awarding an account of profits to 
the other party under that section in respect of the same infringement; and  
 (b) no judgement or order for an account of profits in respect of an infring ement 
of copyright shall be given or made under that section, if a final judgement 
or order has been give n or made awarding either damages or an account of 
profits to the other party under that section in r espect of the same 
infringement.  
(8)  Where, in an action brought in the circumstances mentioned in subsection (2), 
whether by the owner of the cop yright o f by the exclusive licensee, the other party is not 
joined as a claimant either at the commencement of the action or subsequently but is 
added as a defendant, he shall not be l iable for any costs in the action unless he enters an 
appearance and takes part in the pr oceedings.  
(9)  The copyright owner shall notify any exclusive licensee having concu rrent rights 
before applying under section 30 for an order for the delivery up of infringing copies of a 
work or before exercising the right of seizure under se ction 31; and the Court may, on the 
application of the licensee, if it thinks fit, having regard to the terms of the licence, make 
an order under section 30 or make an order prohibiting or permitting the exercise by the 
copyright owner of the right conferred under section 31.  
Moral and Related Rights  
34.   Infringement of right to be identified as author or d irector  
(1)  Subject to subsection (2), the right conferred by se ction 13 is infringed by any 
person who fails to identify the author of a work or the dir ector of a film whenever any 
action specified in that section occurs in relation to that work or film.  
(2)  The following acts shall not constitute an infringement of the right conferred by 
section 13 in relation to a work to the extent that such acts are permitted under Part VI in 
relation to the work — 
 (a) fair dealing with the work for the purposes of criticism, review or the 
reporting of current events by means of a sound recording, film, broadcast or 
cable pr ogramme;  
 (b) the incidental inclusion of th e work in an artistic work, sound r ecording, 
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 stat utory inquiry;   CAP.  311 
Copyright Act  – Subsidiary Legislation  
 
 
 (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 that copyright in the work has expired or that the a uthor is dead.  
35.   Infringement  of right to object to derogatory trea tment of work  
(1)  For the purposes of this section, “derogatory treatment”  has the same meaning 
as that specified in section 14.  
(2)  The right conferred on an author and a director by section 13 to object to 
derogato ry treatment of his work is infringed where the following acts are done in 
relation to that work — 
 (a) in the case of a literary, dramatic or musical work, the right is infringed by a 
person who — 
 (i) publishes commercially, performs in pu blic, broadcasts or includes in 
a cable pr ogramme service, a derogatory treatment of the work, or  
 (ii) issues to the public copies of a film or sound recording of or inclu ding 
a derog atory treatment of the work;  
 (b) in the case of an artistic work, the right is i nfringed  by a person who — 
 (i) publishes commercially or exhibits in public a derogatory treatment of 
the work, or broadcasts or includes in a cable programme service a 
visual image of a derogatory trea tment of the work,  
 (ii) shows in public a film which includes  a visual image of a derogatory 
treatment of the work or issues to the public copies of such film, or  
 (iii) in the case of a work of architecture in the form of a model for a 
building or in the case of a sculpture or work of craft smanship issues 
to the pu blic copies of a graphic work representing or of a phot ograph 
of, a derogatory treatment of the work;  
 (c) paragraph ( b) does not apply to a work of a rchitecture 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 r emoved;  
 (d) in the case of a film, the right is infringed by a person who — 
 (i) shows in public, broadcasts or includes in a cable programme service 
a dero gatory treatment of the film, or  
 (ii) issues to the public copies of a derogatory treatment of the film,  
or who, along with the film, plays in public, broadcasts or i ncludes in a cable programme 
service, or issues to the public copies of, a derogatory tre atment of the film sound track.  
36.   Infringement by possession of infringing article  
(1)  The right conferred by section 14 is also infringed by a person who — 
 (a) possesses in the course of a business; or  
 (b) sells or lets for hire or offers or exposes  for sale or hire;  
 (c) in the course of a business, exhibits in public or distributes; or   CAP.  311 
Copyright Act  – Subsidiary Legislation  
 
 
 (d) distributes otherwise than in the course of a business, so as to affect 
prejudicially the honour or reputation of the author or d irector,  
an article that is, an d which he knows or has reason to believe is an infringing article.  
(2)  For the purposes of this section, an “infringing art icle” means a work or a copy 
of a work which — 
 (a) has been subjected to derogatory treatment as defined in section 14; and  
 (b) has been or is likely to be subject of any of the acts mentioned in section 35 
in circumstances infringing that right.  
37.   False attribution of work infringement of right  
(1)  Subject to the provisions of this section, the right co nferred on a person not t o 
have a literary, dramatic, musical or artistic work falsely attributed to him as author, is 
infringed by a person who — 
 (a) issues to the public copies of a work of any of those descriptions in or on 
which there is a false attribution; or  
 (b) exhibits i n public an artistic work or a copy of an artistic work in or on 
which there is false a ttribution.  
(2)  The right conferred on a person not to have a film falsely attributed to him as 
director is infringed by a person who issues to the public copies of a w ork of any person 
of those descriptions in or on which there is a false attrib ution— 
 (a) in the case of a literary, dramatic or musical work, performs the work in 
public, broadcasts it or includes it in a cable programme service as being the 
work of a per son; or  
 (b) in the case of a film, shows it in public, broadcasts it or includes it in a cable 
programme se rvice as being directed by a person,  
who knows or ought to have known that the attribution is false;  
 (c) in the course of a business — 
 (i) possesse s or deals with a copy of a work referred to in subsection (1) 
in or on which there is a false attribution, or  
 (ii) in the case of an artistic work, possesses or deals with the work itself 
when there is a false attribution in or on it,  
knowing or having r eason to believe that there is an attrib ution and that it is false;  
 (d) in the case of an artistic work — 
 (i) deals with a work which has been altered after the author parted with 
possession of it as being the unaltered work of the a uthor, or  
 (ii) deals with a copy of such a work as tes ting a copy of the unaltered 
work of the author,  
knowing or having reason to believe that this is not the case.  
(3)  For the purposes of this section — 
 (a) “attribution” , in relation to a work, means a statement expressed o r 
implied, as to who is the author or director;  
 (b) references to dealing are to selling or letting for hire, offering or exposing 
for sale or hire, exhi biting in public or distributing.   CAP.  311 
Copyright Act  – Subsidiary Legislation  
 
 
(4)  This section shall apply where, contrary to the fact — 
 (a) a literary, dramatic or musical work is falsely represented as being an 
adaptation of the work of a person; or  
 (b) a copy of an artistic work is falsely represented as being a copy made by the 
author of the arti stic work,  
as it applies where the work is false ly attributed to a person as author.  
38.   Infringement of privacy right in photographs, etc.  
The right conferred by section 16 in relation to a commissioned phot ograph or film is 
infringed by a person who does or authorises the doing of any act mentioned in that 
section in relation to that work; but the right is not i nfringed by any act which, pursuant to 
Part VI would not infringe copyright in the work.  
Remedies for Infringement of Moral Rights and Related Rights  
39.   Remedies for infrin ging moral rights , etc.  
(1)  The infringement of a right conferred under section 13, 14, 15 or 16 is actio nable 
as a breach of statutory duty owed to the person entitled to the right.  
(2)  In an action for infringement of the right conferred by section 14, the Court may, 
if it thinks it an adequate remedy in the circumstances, grant an injunction on terms 
prohibiting the doing of any act unless a disclaimer is made on such terms and in such 
manner as may be approved by the Court, disassociating the author or director from t he 
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 o rder the defendant to publish such correction in the 
terms and in a manner as the Court may direct.  
Presumptio ns 
40.   Presumptions as to subsistence and ownership of cop yright  
In an action brought by virtue of this Part — 
 (a) copyright shall be presumed to subsist in the work to which the action r elates 
if the defendant does not put in issue the question whether copyright subsists 
therein;  
 (b) where the subsistence of the copyright is proved or is presumed in purs uance 
of paragraph ( a), the claimant shall be presumed to be the owner of the 
copyright, if he claims to be the owner of it and the defendant does not p ut in 
issue the question of his ownership thereof; and  
 (c) if the question arises as to whether an article is an infringing copy of a work 
and it is shown — 
 (i) that the article is a copy of the work, and  
 (ii) that the copyright subsists in the work or h as subsisted at any time,  
it shall be presumed until the contrary is proved that the art icle was made at a time when 
copyright subsisted in the work.   CAP.  311 
Copyright Act  – Subsidiary Legislation  
 
 
41.   Presumption in relation to authorship of protected works  
(1)  Subject to section 40, where in the ca se of a protected work, a name purporting to 
be that of the author appears on copies of the work as published or, in the case of an 
artistic work, appeared on the work when it was made, the person whose name a ppears, 
shall, in any action brought by virtue of this Part, be presumed, unless the contrary is 
proved, to be the author.  
(2)  In the case of a protected work alleged to be a work of joint ownership, subse ction (1) 
shall apply in relation to each person alleged to be one of the authors of the work as if 
references in the subsection to the author were refe rences to one of the authors.  
(3)  Where in an action brought by virtue of this Part with respect to a pr otected work, 
subsection (1) does not apply, but it is established that — 
 (a) pursuant to sectio n 6(1)( b) the work qualifies for copyright pr otection by 
virtue of the country of first publication; and  
 (b) a name purporting to be that of the publisher appeared on copies of the work 
as first pu blished,  
then, unless the contrary is proved, copyright sh all be pr esumed to subsist in the work and 
the person whose name so appeared shall be presumed to have been the owner of the 
copyright at the time of the publication.  
(4)  Where in an action brought by virtue of this Part with respect to a pr otected work 
it is established that the author of the work is dead — 
 (a) the work shall be presumed to be an original work unless the contrary is 
proved; and  
 (b) if it is alleged by the claimant that a publication specified in the allegation 
was the first public ation o f the work and it took place in a country and on a 
date so spec ified, that publication shall be presumed, unless the contrary is 
proved, to have been the first publication of the work and to have taken place 
in that country and on that date.  
(5)  For the p urpose of this section, a fact shall be taken to be established if it is proved 
or admitted or if it is presumed in pursuance of this section.  
42.   Presumptions where action relates to sound r ecordings, films and computer 
programme  
(1)  In an action broug ht by virtue of this Part with respect to a sound recording, film 
or computer programme, the presumptions specified in this se ction shall apply.  
(2)  In an action brought by virtue of this Part with respect to a sound r ecording, where 
copies of the recordi ng as issued to the public bear a label or other mark stating — 
 (a) that a named person was the owner of cop yright in the recording at the date 
of issue of the copies; or  
 (b) that the recording was first published in a spec ified 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 pub lic bear a statement — 
 (a) that a named person was the author or director of the film;   CAP.  311 
Copyright Act  – Subsidiary Legislation  
 
 
 (b) that a named person was the owner of cop yright in the film at the date of 
issue of the co pies; or  
 (c) that the film was first published in a specified year or in a  named cou ntry, 
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 p rogramme are issued to the public in electronic form bea ring a 
statement — 
 (a) that a named person was the owner of cop yright 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 cop ies 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 subsect ions (2), (3) and (4) apply 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 se rvice bears a statement — 
 (a) that a named person was author or director of the film; or  
 (b) that a named person was the owner of copyright in the film i mmediately 
after it was made,  
the statement shal l be admissible as evidence of the facts stated and shall be presumed to 
be correct until the contrary is proved.  
(7)  Pursuant to subsection (1) the presumptions shall also apply in an action relating 
to an infringement alleged to have occurred before the  date on which the film was shown 
in public, broadcast or included in a cable pr ogramme service.  
Offences  
43.   Withdrawal of privilege against illumination of self or spouse in infring ement 
and related proceedings  
(1)  For the purposes of this section, “related offence” , in relation to any proceedings 
to which subsection (2) applies, means — 
 (a) in the case of proceedings within subsection (4)( a) or ( b)— 
 (i) any offence committed by or in the course of the i nfringement to 
which those proceedings relate, o r 
 (ii) any offence not within subparagraph (i) committed in connection with 
that infringement being an offence involving fraud or disho nesty; 
 (b) in the case of proceedings within section (4)( c) any offence r evealed by the 
facts on which the claimant rel ies in those pr oceedings;  
(2)  “related  penalty” , in relation to any proceedings to which su bsection (3) applies, 
means —  CAP.  311 
Copyright Act  – Subsidiary Legislation  
 
 
 (a) in the case of proceedings within subsection (4)( a) or ( b), any penalty 
incurred in respect of anything done or omitted in connect ion with the 
infringement to which those proceedings relate;  
 (b) in the case of proceedings within subsection 4( c) any penalty incurred in 
respect of any act or omission revealed by the facts on which the claimant 
relies in those proceedings.  
(3)  In any proceedings to which this subsection applies a person shall not be e xcused, 
by reason of the fact that to do so would tend to expose that pe rson, or his or her spouse, 
to proceedings for a related offence or for the recovery of a r elated penalty — 
 (a) from  answering any question put to that person in the first mentioned 
proceedings; or  
 (b) from complying with any order made in those proceedings.  
(4)  Subsection (3) applies to the following civil procee dings in the High Court, 
namely — 
 (a) proceedings for i nfringement of copyright;  
 (b) proceedings brought to obtain disclosure of i nformation relating to any 
infringement of such rights; and  
 (c) proceedings brought to prevent any appr ehended infringement of such rights.  
(5)  Subject to subsection (6), no stat ement or admission made by a person — 
 (a) in answering a question put to him in any proceedings to which 
subse ction (3) applies; or  
 (b) in complying with an order made in any such proceedings,  
shall, in proceedings for any related offence or for the reco very of any related penalty, be 
admissible in evidence against that person or against the spouse of that person.  
(6)  Nothing in subsection (5) shall render any statement or admission made by a pe rson 
as therein mentioned inadmiss ible in evidence against th at person in proceedings in the 
Court.  
(7)  Any reference in this section to civil proceedings in the High Court of any 
description includes a reference to procee dings on appeal arising out of civil proceedings 
in the High Court of that description.  
44.   Offences in respect of dealings which infringe cop yright  
(1)  Any person who, without a licence of the copyright owner, at a time when 
copyright in a work subsists by virtue of this Act — 
 (a) makes for sale or hire; or  
 (b) in the course of a business sell s or lets for hire, or offers or exposes for sale 
or hire, exhibits in public or distributes;  
 (c) imports into Saint Vincent and the Grenadines for purposes other than his 
private and dome stic use; or  
 (d) distributes otherwise than in the course of a bus iness to such an extent as to 
affect prejud icially the owner of the copyright,  
any article which he knows or has reason to believe is an i nfringing copy of that work, 
commits an offence.   CAP.  311 
Copyright Act  – Subsidiary Legislation  
 
 
(2)  Any person who, at the time when copyright subsists in a work by  virtue of this 
Act makes or has in his possession an article specifically designed or adapted for making 
copies of a particular work, knowing that it is to be used for making i nfringing copies for 
sale or hire or for use in the course of bus iness, commits  an offence.  
(3)  Any person who causes — 
 (a) a literary, dramatic or musical work to be pe rformed 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 pr ogramme, 
knowing or having reason to believe that copyright subsists in the work or 
that the performance const itutes an infringement of the copyright,  
commits an offence.  
(4)  Any person who is convicted of an offence under subsection (1) shall be l iable on 
summary conviction in the case of a first conviction to a fine not exceeding five thousand 
five hundred dollars for each article to which the offence is r elated, and in the case of any 
subsequent conviction, to a fine as may be determined by the Magistrates Court or to 
impri sonment for a term not exceeding two years.  
(5)  Any person who is convicted of an offence under this section, other than an 
offence referred to under subsection (1), shall be liable on summary conviction to a fine 
not exceeding one thousa nd five hundred dollars and, in the case of any subsequent 
conviction to such fine, or to imprisonment for a term not exceeding twelve months.  
(6)  For the purposes of this Part, “article”  includes every infringed copy of a work.  
45.   Presumptions not to apply  
The presumptions specified in sections 40 and 41 do not apply to proceedings for an 
offence under section 44 but without prejudice to their application to proceedings for an 
order under section 46.  
46.   Order to deliver up in criminal proceedings  
(1)  Subject to subsection (2), the Court before which pr oceedings are brought against 
a person for an offence under section 46 may, if it is satisfied that at the time of his arrest 
or charge — 
 (a) he had in his possession, custody or control in the course of a business an 
infringing copy of a protected work; or  
 (b) he had in his possession, custody or control an article specifically designed 
or adapted for making copies of a particular protected work knowing or 
ought to have known that it has been or was t o be used to make infringing 
copies, 
order that the infringing copy or article be delivered up to the copyright owner or to any 
other person as the Court may d irect. 
(2)  An order may be made by the Court of its own motion or on the appl ication of the 
prosecution and such order may be made whether or not the person is convicted of the 
offence, so, however, that the Court shall not make an order — 
 (a) after the time specified in section 133; or  
 (b) if it appears to the Court unlikely that any order will be made under 
section 134.  CAP.  311 
Copyright Act  – Subsidiary Legislation  
 
 
(3)  An appeal lies from an order made under this section to the Court of Appeal.  
(4)  A person to whom an infringing copy or other article is delivered up in pu rsuance 
of an order under this section shall retain it pending the maki ng of an order or the 
decision not to make an order under section 135.  
Supplementary  
47.   Application of provisions re -entry  
For the purposes of this Part, the provisions of sections 131 and 132 shall apply in 
respect of the entry and search of any premis es. 
48.   Provisions for restricting importation of infringing copies  
(1)  The owner of the copyright in any published literary, dramatic or musical work 
may give notice in writing to the Comptroller — 
 (a) that he is the owner of the copyright in the work;  and 
 (b) that he requests the Comptroller during a period specified in the notice to 
treat as prohibited goods copies of the work, film, or sound recording to 
which this se ction applies.  
(2)  The period specified in a notice given under subsection (1) sha ll not exceed five 
years and shall not extend beyond the end of the period for which the copyright may su bsist. 
(3)  This section shall apply in the case of a literary or musical work, film or sound 
recording, to any copy made outside Saint Vincent and the  Grenadines which is an 
infringing copy of the work, film or sound recording.  
(4)  Where a notice has been given under this section in respect of a literary or a 
musical work, film or sound recording and has not been withdrawn, the importation into 
Saint V incent and the Grenadines at a time before the end of the period specified in the 
notice, of any copy of the work, film or sound r ecording to which this section applies 
shall, subject to the following provisions of this section, be prohibited but this su bsection 
shall not apply to the import ation of any article by a person for his private and domestic 
use. 
(5)  The owner of the copyright in a literary or musical work, film or sound recording 
who gives notice to the Com ptroller under this section shall compl y with such conditions 
with respect to — 
 (a) the form of the notice;  
 (b) the furnishing of evidence;  
 (c) the payment of fees;  
 (d) the giving of security; and  
 (e) any other incidental or supplementary matters,  
as may be pr escribed.  
(6)  Notwithstanding any provision in the Customs (Control and Manag ement) Act, a 
person shall not be liable to any penalty under that Act, other than forfeiture of the goods, 
by reason that any goods are prohibited by virtue of this section.  
[Chapter 422.]   CAP.  311 
Copyright Act  – Subsidiary Legislation  
 
 
PART VI  
Exceptions to Infringement of Copyright  
Preliminary  
49.   Definitions  
(1)  For the purposes of this Part — 
“facsimile copy”  includes a copy which is reduced or enlarged in scale;  
“sufficient acknowledgement”  means an acknowledgement identif ying the work 
in question by  its title or other description and, unless the work is anonymous, or the 
author has previously agreed or required that no a cknowledgement of his name should 
be made, also identifying the a uthor. 
General Exceptions  
50.   Research and private study  
(1)  Subject to section 52, fair dealing with a literary, dramatic, musical or arti stic 
work for the purposes of research or private study does not infringe copyright in the work 
or, in the case of a published edition, in the typograph ical arrangement.  
(2)  Copyri ght by a person other than the researcher or student himself is not fair 
dealing if — 
 (a) in the case of a librarian, or a person acting on behalf of a libra rian he does 
anything which regulations, would not permit to be done under se ction 62(a) 
or 63(1)( b); 
 (b) in any other case, the person doing the cop yright knows or has reason to 
believe it will result in copies of substantially the same material being 
provided to more than one person at substantially the same time for 
substa ntially the same purpose.  
51.   Criticism, review and reporting  
(1)  Subject to section 52 fair dealing with a work for the purposes of criticism or 
review, of that or another work or of a performance of a work, does not infringe any 
copyright in the work provided it is accompanied by a sufficient acknow ledgement.  
(2)  Subject to section 53(3), fair dealing with a protected work other than a 
photograph, for the pu rpose of reporting current events does not infringe copyright in the 
work so long as it is accompanied by a sufficient a cknowledgement.  
(3)  No acknowledgement is required in connection with the reporting of current 
events by means of a sound recording, film, broadcast or cable pr ogramme.  
52.   Determining fair dealing  
For the purpose of determining whether an act done in rel ation to a work constitutes 
fair dealing, the Court in determi ning the question shall take account of all factors which 
appear to it to be relevant, including — 
 (a) the nature of the work in question;   CAP.  311 
Copyright Act  – Subsidiary Legislation  
 
 
 (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 co mmercial value of 
the work.  
53.   Incidental inclusion of protected work  
Copyrig ht in a work is not infringed — 
 (a) by its incidental inclusion in an artistic work, sound recording, film, 
broadcast or cable pr ogramme; or  
 (b) by the issue to the public of copies or the pla ying, showing, broadcasting or 
inclusion in a cable programme s ervice of anything whose ma king was not 
an infringement of copyright by vi rtue of paragraph ( a), 
and for the purposes of this section, a musical work, words spoken or sung with music, or 
so much of a sound recording, broadcast or cable programme as include s a musical work 
or such words, shall not be regarded as incidentally included if it is deliberately included.  
54.   Anonymous and pseudonymous literary works  
(1)  Copyright in a literary, dramatic, musical or artistic work is not infringed by any 
act done  at a time when, or in pursuance of an arrangement made at any time when — 
 (a) it is not possible by reasonable inquiry to ascertain the identity of the a uthor; 
and 
 (b) it is reasonable to assume that — 
 (i) the copyright has expired, or  
 (ii) the author d ied seventy five years or more before the beginning of the 
calendar year in which the act is done or the arrangements are made.  
(2)  Subsection (1)( b)(ii) does not apply in relation to work in which copyright 
originally vested in an international organizat ion by virtue of section 143 and in respect 
of which an order under that section specified a copyright p eriod longer than seventy -five 
years.  
(3)  In relation to a work of joint authorship — 
 (a) the reference in subsection (1) to its being poss ible to asce rtain 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 refe rence to all the  authors having died.  
55.   Use of notes of recordings of spoken words, etc.  
(1)  Where a record of spoken word is made, in writing or otherwise, for the purpose 
of— 
 (a) reporting current events; or  
 (b) broadcasting or including in a cable programme serv ice the whole or part of 
the work,   CAP.  311 
Copyright Act  – Subsidiary Legislation  
 
 
it is not an infringement of any copyright in the words as a literary work to use the record 
or material taken from it for that purpose providing the conditions specified in 
subse ction (2) are met.  
(2)  The conditions ref erred to in subsection (1) are that — 
 (a) the record is a direct record of the spoken words and is not taken from a 
previous record or from a broadcast or cable pr ogramme;  
 (b) the making of the record was not prohibited by the speaker and, where 
copyright  already su bsisted in the work, did not infringe copyright;  
 (c) the use of the record or material taken from it is not a kind pr ohibited by or 
on behalf of the speaker or copyright owner before the record was made; and  
 (d) the use is by or with the autho rity of a person who is lawfully in po ssession 
of the record.  
Use of Work for Educational Purposes  
56.   Acts done for purposes of instruction or examination  
(1)  Copyright in a literary, dramatic, musical or artistic work is not infringed by being 
copied in the course of instruction or of preparation for i nstruction, provided the copying is 
done by a person giving or receiving instruction and is not by means of a r eprographic 
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 soundtrack in the course of 
instru ction, or of preparation for instruction in the making of films or film sound -tracks, 
provided the copying is done by a person giving or receiving instruction.  
(3)  Copyright in a work is not infringed by anything done for the purposes of an 
examination by way of setting the questions, communicating the questions to candidates 
or answering the questions.  
57.   Anthologies for educational use  
(1)  The inclusion, i n a collection intended for use in ed ucational institutions of a short 
passage from a published lite rary or dramatic work does not infringe copyright in the 
work if — 
 (a) the collection is described in the title and in any advertisements thereof 
issued by or on behalf of the publisher, as being so i ntended;  
 (b) the work was not itself published for the use of educational inst itutions;  
 (c) the collection consists mainly of material in which no copyright su bsists;  
 (d) the inclusion is accompanied by a suff icient acknowledgement; and  
 (e) not more than one other such passage or parts from works by the same 
author is published by the same publisher within the period of five years 
immediately preceding the publication of that collection.  
(2)  Subsection (1) do es not authorise the inclusion of more than two excerpts from 
protected works by the same author in collections published by the same publisher over 
any period of five years.  
(3)  In relation to any given passage, the reference in subsection (2) to e xcerpt s from 
works by the same author —  CAP.  311 
Copyright Act  – Subsidiary Legislation  
 
 
 (a) shall be taken to include excerpts from works by him in collab oration with 
another; and  
 (b) if the passage in question is from such a work, shall be taken to include 
excerpts from works by any of the authors, whether alone or in collabor ation 
with a nother.  
58.   Performing, playing or showing works in course of educational activ ities 
(1)  The performance of a literary, dramatic or musical work before an audience 
consisting of teachers and pupils at an educational insti tution and other persons directly 
connected with the activities of the institution — 
 (a) by a teacher or pupil in the course of the activities of the instit ution; or  
 (b) at the institution by any person for the purposes of the instru ction, 
is not a public  programme for the purposes of infringement of copyright.  
(2)  The play or showing of a sound recording, film, broadcast or cable programme 
before such an audience at an educational institution for the purposes of instru ction is not 
a playing or showing of  the work in public for the purposes of the infringement of 
copyright.  
(3)  A person is not for this purpose directly connected with the activities of the 
educational institution simply because he is the parent of the pupil at the institution.  
59.   Record ing of broadcast by educational establishments  
(1)  Subject to subsection (2), a recording of a broadcast or cable broadcast 
programme or a copy of such a recording may be made by or on behalf of an educational 
institution for the educational purposes of t hat institution without thereby infringing the 
copyright in the broadcast or cable pr ogramme or in any work included in it.  
(2)  Subsection (1) shall not apply if or to the extent that, there is a licensing scheme 
under which licences are available authori sing the making of the r ecordings or copies, 
and the person making the recordings knows or ought to have been aware of that fact.  
60.   Restriction on reprographic copying from published works  
(1)  Subject to the provisions of this section, reprographic co pies of passages from 
published literary, dramatic or musical work may be made by or on behalf of an 
educ ational institution for the purposes of instruction without infringing any copyright in 
the work or in the typographical arrang ement.  
(2)  Not more tha n one percent of any work may be copied by or on behalf of an 
educational institution by virtue of this section in any quarter, that is to say, in any period 
1st January to 31st March, 1st April to 30th June, 1st July to 30th September, 1st October 
to 31st  December.  
(3)  Copyright is not authorised by this section if, or to the extent that, there is a 
licensing scheme under which licences are available authorising the copying in question 
and the pe rson making the copies know or ought to have been aware of t hat fact.  
(4)  Where a licence is granted to an educational institution authorising the 
reprographic copying of passages from any published literary, dramatic or, musical work, 
for use by the institution, then, any term of that licence which purports to re strict the 
propo rtion of work which may be copied whether on payment or free of charge, to less 
than that permitted u nder this section shall be of no effect.   CAP.  311 
Copyright Act  – Subsidiary Legislation  
 
 
61.   Subsequent dealing with authorised copies  
(1)  Where a copy of a work would be an infringing  copy if the making thereof were 
not authorised under section 56, 59 or 66 and such copy is subs equently dealt with, it 
shall be treated as an infringing copy for the purposes of that dealing and, if that dealing 
infringes copyright, for all subsequent pu rposes.  
(2)  For the purposes of this section, “dealt with”  means sold, or let for hire or o ffered 
or exposed for sale or hire.  
Exceptions Affecting Libraries and Archives  
62.   Interpretation of references  
(1)  In sections 62 to 66 references to “librarian ” or “archivist”  include references to 
a person acting on his behalf.  
(2)  Regulations may provide that a librarian or archivist who is required to be 
satisfied as to a material matter before making or supplying a copy of a work — 
 (a) is entitled to rely o n a declaration as to that matter, signed by the person 
requesting the copy, unless he is aware that the declaration is false in any 
material pa rticular;  
 (b) in such cases, shall not make or supply a copy to any person in the absence 
of a declaration by t hat person.  
(3)  Where a person requesting a copy makes a declaration that is false in a material 
particular and is supplied with a copy which would have been an i nfringing copy if made 
by him, that person shall be liable for infringement of copyright as i f he had made the 
copy himself, and the copy supplied shall be treated as an infringing copy.  
63.   Supply by librarian of copies of published work  
(1)  The librarian of a prescribed library or archive may, if the conditions are co mplied 
with— 
 (a) make an d supply a copy of an article in a per iodical; 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 per iodical,  
without infringing any copyright subsisting in the text of the ar ticle 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 follo wing— 
 (a) that copies shall be supplied only to persons satisfying the librarian that they 
require them for purposes of research or private study, and will not use them 
for any other purpose;  
 (b) in relation to an article, that no person shall be furnished with more than one 
copy of  the same article or with copies of more than one article co ntained in 
the same issue of a periodical;  
 (c) in relation to a work referred to in subsection (1)( b), that no person shall be 
furnished with more than one copy of the same material or of a copy of more 
than a reaso nable proportion of any work;   CAP.  311 
Copyright Act  – Subsidiary Legislation  
 
 
 (d) that persons to whom copies are supplied are required to pay for them a sum 
not less than the cost, including a contribution to the general e xpenses of the 
library, attributable to their pr oduction;  
 (e) that requirement of persons shall be regarded as similar if the requirements 
are for copies of substantially the same material at substantially the same 
hire and substantially the same purpose; and  
 (f) that requirements of persons shall be regarded as related if those persons 
received instruction to which the material is relevant at the same time and 
place.  
(3)  Subsection (1) shall not apply if or to the extent that there is a licensing scheme 
under which licences are available authorising the making o f such copies and the person 
making the copies know or ought to have been aware of that fact.  
64.   Supply of copies to other libraries  
(1)  The librarian of a library or archive may, if the prescribed conditions are co mplied 
with, make and supply to anoth er 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 
illustr ations acc ompanying such article or work or, in the case of a published edition, in 
the typograph ical arrangement.  
(2)  Subsection (1)( b) shall not apply if, at the time the copy is made, the librarian 
making it has know ledge or could, by reasonable inquiry, ascerta in the name and address 
of a person entitled to authorise the making of the copy.  
65.   Replacing copies of works  
(1)  The librarian of a library or archive may, if the prescribed conditions are co mplied 
with, make a copy from any item in the permanent col lection of the library or a rchive for 
the purpose of — 
 (a) preserving or replacing the item by placing the copy in such permanent 
collection in addition to or in place of the item;  
 (b) replacing in the permanent collection of an other prescribed library o r 
archive an item which has been lost, destroyed or da maged,  
without infringing the copyright in any literary, dramatic or musical work, in any 
illustr ations accompanying such a work or, in the case of a published edition, in the 
typographical a rrangement.  
(2)  The conditions shall include provisions restricting the making of copies to cases 
where it is not reasonably practic able to purchase a copy of the item in question for the 
purpose.  
66.   Copying of unpublished work  
(1)  Subject to subsection (2), the  librarian of a library or archive may, if the 
cond itions are complied with, make and supply a copy of the whole or part of a literary, 
dramatic or musical work from a document in the library or archive wit hout infringing 
any copyright in the work or in an y illustrations a ccompanying it.   CAP.  311 
Copyright Act  – Subsidiary Legislation  
 
 
(2)  Subsection (1) shall not apply where — 
 (a) the work is published at the time when the co pies are made; or  
 (b) the copyright owner has prohibited copying of the work, and at the time of 
the making of the copy the libra rian ought to have been aware of that fact.  
(3)  The prescribed conditions shall include the following — 
 (a) that copies are supplied only to persons satisf ying the librarian that they 
require them for pu rposes of research or private study and will not use  them 
for any other purpose;  
 (b) that no person is furnished with anymore than one copy of same mat erial; 
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, a ttributable to their production.  
Exceptions Relating to Public Administration  
67.   Recording for archival purposes  
(1)  A recording of a broadcast or cable programme of a designated class, or a copy of 
such a recording , may be made for the purpose of being placed in an archive maintained 
by a designated body without thereby infringing any copyright in the broa dcast or cable 
programme or in any work included in it.  
(2)  The designated body referred to under subsection (1 ) shall be prescribed by the 
Minister, and the Minister shall not designate a body unless he is satisfied that it is not 
established or conducted for profit.  
68.   Parliamentary and judicial proceedings, etc.  
(1)  Copyright in a work is not infringed by an ything done for the purposes of 
parliamentary or judicial proceedings or, subject to subsection (3), for the purposes of 
reporting such proceedings.  
(2)  Copyright in a work is not infringed by anything done for the purposes of the 
proceeding of a statutor y inquiry or, subject to subsection (4), for the purposes of 
repor ting any such proceeding held in public.  
(3)  The provisions of subsections (1) and (2) relating to the reporting of proceedings 
shall not be construed as authorising the copying of a work w hich is itself a pu blished 
report of the proceedings.  
(4)  Copyright in a work is not infringed by the issue to the public of copies of the 
report of a statutory inquiry containing the work or material from it.  
(5)  For the purposes of this section, “statu tory inquiry”  means an inquiry held or 
investigation conducted in pursuance of a duty imposed or power co nferred by or under 
an Act of Parliament.  
69.   Public records  
Where any protected work or a reproduction of any such work is comprised in any 
public r ecord and is open to public inspection, the copyright in the work is not infringed  CAP.  311 
Copyright Act  – Subsidiary Legislation  
 
 
by the making or supplying to any person of any copy of the work by or under the 
direction of any officer in charge of the r ecord.  
70.   Design documents and models  
(1)  It is not an infringement of any copyright in a design document or in a model that 
records or embodies a design for anything save for an artistic work or a typ eface, 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 vi rtue 
of subsection (1), not an infringement of that copyright.  
(3)  For the purposes of this section — 
“design”  means the design of any aspect of the shape or configuration whether 
internal or external, of the whole or part of an article other than surface dec oration;  
“design document”  means any record of a design, whether in the form of a 
drawing, a writte n description, a photograph, data stored in a co mputer or otherwise.  
71.   Exploitation of a design derived from artistic work  
(1)  Where an artistic work has been exploited by or with the licence of the cop yright 
owner by — 
 (a) making by an industrial pro cess articles falling to be treated u nder this Act as 
copies of the work; and  
 (b) marketing such articles in Saint Vincent and the Grenadines or els ewhere,  
then, after the end of the period of fifty years from the end of the calendar year in which 
the art icles are first marketed, a person may, without infringing copyright in the work, 
copy the work by making articles of any description or by doing an ything in relation to 
articles so made.  
(2)  Where only part of an artistic work is exploited in the manner described in 
subsection (1), then, the provisions of that subsection apply only in relation to that part.  
(3)  The Minister may by order make provision — 
 (a) as to the circumstances in which an article or any description of article is to be 
regarded for th e purposes of this section as made by an industrial pro cess; 
 (b) excluding from the operation of this section such articles of a primarily 
literary or artistic character as he thinks fit.  
(4)  In this section — 
 (a) references to articles do not include fi lms; and  
 (b) references to the marketing of an article are references to its being sold or let 
for hire or o ffered or exposed for sale or hire.  
Exception Relating to Works in Electronic Form  
72.   Transfer of works in electronic form  
(1)  Where a work in electronic form has been purchased on terms which expressly or 
impliedly or by virtue of any rule of law, allow the purchaser to copy the work or to adapt  CAP.  311 
Copyright Act  – Subsidiary Legislation  
 
 
it or to make copies of an adaptation in connection with his use of it, then, in the absence 
of any e xpress terms — 
 (a) prohibiting the transfer of the copy by the purchaser or imposing an 
oblig ation which continue after a transfer or prohibiting the assignment of 
any licence or terminating any licence on a tran sfer; or  
 (b) providing for the terms on whi ch 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 tran sferee without infringement of copyright.  
(2)  Any copy, adaptation or copy of an adaptation made by the purc haser which is not 
also transferred shall, after the transfer, be treated as an infringing copy for all pu rposes.  
(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.  
Miscellaneous Exceptions Relating to Literary, Dramatic,  
Musical and Artistic Works  
73.   Statutory licences: recordings for broadcasting  
(1)  Where by virtue of an assignment or licence a p erson is authorised to broadcast or 
include in a cable programme service, a literary, dramatic, mus ical or artistic work or a 
film or sound recording from a place into Saint Vincent and the Grenadines but, apart 
from this subsection, would not be entitled to make copies of it, then, subject to the 
conditions specified in subsection (2), the authority contained in the assig nment or licence 
shall be deemed to extend to making one copy only for the purposes, and subject to the 
conditions, in subsection (2).  
(2)  Subsection (1) shall apply only if the following conditions are sati sfied— 
 (a) the copy shall not be used for making any fu rther copies or for any other 
purpose except either for broadcasting or inclusion in a cable programme 
service in accordance with  the assignment or licence, or for archival 
purposes; and  
 (b) the copy, unless kept for archival purposes, shall be destroyed before the end 
of the period of ninety days beginning with the day on which it is first used 
for broadcasting or included in a ca ble programme service in purs uance of 
the assignment or l icence, or such extended period as may be agreed 
between the person who made the copy and the person who in rel ation to the 
making of copies of the description in question is the owner of the copyrig ht. 
(3)  A copy made in accordance with subsection (1) shall be treated as an infringing 
copy — 
 (a) for the purposes of any use in breach of cond ition ( a) of subsection (2); and  
 (b) for all purposes after that condition or condition ( b) of subse ction (2) has 
been broken.  
(4)  Where records of a literary, dramatic or musical work have with the l icence of the 
owner of the copyright in the work, been previously made or imported into Saint Vi ncent 
and the Grenadines, for the purposes of retail sale, then, any person may after the expiry 
of the period of four months immediately following the date of the first authorised 
manufa cture in, or importation into, Saint Vincent and the Grenadines of such records,  CAP.  311 
Copyright Act  – Subsidiary Legislation  
 
 
and without first o btaining a licence from the owner of t he copyright in the work, make or 
autho rise the making of records of it.  
(5)  Subsection (4) shall only apply where — 
 (a) the person intends to sell the records by retail, or to supply them for the 
purposes of being sold by retail by another person, or int ends to use them for 
making other records which are to be so sold or supplied;  
 (b) the person pays royalties calculated at the pr escribed rates;  
 (c) complies with such conditions relating to notice, method and time of 
payment, administration of royalties  paid and other matters, as may be 
prescribed; and  
 (d) the person who makes or authorises the making of records pu rsuant to this 
subsection shall not make or authorise the making of any alterations in, or 
omissions from the work, unless records of that wo rk containing similar 
alterations and omissions have been previously made by, or with the licence 
of, the owner of the copyright or unless such alterations and omissions are 
reasonably necessary for the adaptation of the work to the record in que stion. 
(6)  Where a literary, dramatic, musical or artistic work or film or sound r ecording is 
broadcast from a place within Saint Vincent and the Grenadines or another country with 
the licence of the copyright owner, any person may, without o btaining the licence of  the 
copyright owner incorporate by means of the reception of the broadcast, the work in a 
cable programme service:  
Provided that — 
 (a) the transmission by the cable service takes place simultaneously with the 
reception of the broadcast;  
 (b) the programme  in which the literary, dramatic, musical or artistic work or 
film or sound recording is incorporated, is transmitted without any alter ation 
of any kind; and  
 (c) the copyright owner shall be entitled to receive from the person providing 
the cable programm e service, equitable remuneration in respect of the 
transmission, to be fixed in remuneration in r espect of the transmission, to be 
fixed in default of agre ement, by the Court,  
and for the purposes of this subsection, an alteration to a programme includes the add ition 
thereto of new material not contained in the programme as broadcast, or the omi ssion 
from the transmission of any material contained in the pr ogramme as broadcast; and the 
term “material”  includes a commercial advertisement.  
74.   Reading or r ecitation in public  
(1)  The reading or recitation in public of any reasonable extract from a published 
literary or dramatic work is not an infringement of copyright in the work, if a ccompanied 
by a sufficient acknowledgement.  
(2)  Copyright in a work is n ot infringed by the making of a sound recording, or the 
broadcasting or inclusion in a cable programme service of a reading or recitation which, 
by virtue of subsection (1), does not infringe copyright in the work, if the r ecording, 
broadcast or cable prog ramme consists mainly of material in relation to which it is not 
necessary to rely on that su bsection.   CAP.  311 
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75.   Representation of artistic works on public display  
(1)  This section applies to — 
 (a) buildings;  
 (b) sculptures, models of buildings and works of artistic craftsmanship, if 
permanently situated in a public place or in premises open to the pu blic. 
(2)  The copyright in such a work is not infringed by — 
 (a) making a graphic work representing it;  
 (b) making a photograph or film of it; or  
 (c) broadcas ting or including in a cable programme service a visual image of it.  
(3)  The copyright in such a work is not infringed by the issue to the public of co pies, 
or the broadcasting or inclusion in a cable programme service, of anything whose making 
was, by vi rtue of this section, not an infringement of copyright.  
76.   Reconstruction of buildings  
Anything done for the purposes of reconstructing a building does not i nfringe any 
copyright in the building or in any drawings or plans in accordance with which the 
building was, by or with the licence of the copyright owner, co nstructed.  
77.   Subsequent work by same artist  
Where the author of an artistic work is not the copyright owner, he does not infringe 
the copyright in the work by cop ying it in making another ar tistic work, provided he does 
not repeat or imitate the main design of the earlier work.  
Miscellaneous Exceptions Respecting Broadcasts  
78.   Recording broadcasts for programme supervision  
Copyright is not infringed by the making or use by a licensed broad casting 
organis ation or entity for the purpose of maintaining supervision and control over 
programmes, of recordings of those programmes.  
79.   Recording for purposes of time shifting  
The making for private and domestic use of a recording of a broadcast or  cable 
programme solely for the purpose of enabling it to be viewed or listened to at a more 
convenient time does not infringe any copyright in the broadcast or cable programme or 
in any work included in it.  
80.   Provision of subtitled copies of broadcast  or cable programme  
(1)  A designated body may, for the purpose of providing people who are deaf or hard 
of hearing, or physically or me ntally handicapped in other ways, copies which are sub -
titled or otherwise modified for their special needs, make copies  of television broa dcasts 
or cable programmes and issue copies to the public, without infringing any cop yright in 
the broadcasts or cable programmes or works included in them.   CAP.  311 
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(2)  For the purposes of this section, “designated body”  means a body de signated  for 
the purposes of this section by order of the Minister, except that the Minister shall not 
designate a body unless he is satisfied that it is not esta blished or conducted for profit.  
81.   Adaptations  
An act which by virtue of this Part may be done wit hout infringing copyright in a 
literary, dramatic or musical work does not where that work is an adaptation, infringe any 
copyright in the work from which the adaptation was made.  
Prescribed Exceptions  
82.   Power of Minister to prescribe exceptions to inf ringement  
(1)  Subject to the provisions of this section, the Minister may by order provide that 
the copyright in a work of the description or category specified in the order is not 
infringed where, in relation to such work, such acts as are spec ified in t he 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 n ational 
importance;  
 (b) would not conflict with the normal exploitation of the work; and  
 (c) would not unreasonably prejudice the legit imate interest of the owner of the 
copyright in the work.  
(3)  An order made under subsection (1) ma y— 
 (a) contain such consequential, supplemental or ancillary provisions as appear to 
the Minister to be necessary or expedient for the purposes of giving due 
effect to the order;  
 (b) subject to section 96 prescribe the a mount, or the formula by which th e 
amount shall be calculated, which shall be paid by way of equitable 
remuneration to the owner of the copyright in any work to which the order 
relates.  
(4)  No order may be made under this section unless the Minister is satisfied — 
 (a) that the acts speci fied are to be done in the pu blic interest in connection with 
an event of n ational importance; and  
 (b) that the effect of the order would not contr avene any convention relating to 
copyright to which Saint Vincent and the Gren adines is a party.  
PART VII  
Copyright Licensing  
Preliminary  
83.   Definitions   CAP.  311 
Copyright Act  – Subsidiary Legislation  
 
 
(1)  For the purposes of this Part — 
“copyright licence”  means a licence to do, or authorise the doing of, any of the 
acts restricted by copyright in relation to works of one or more than one author;  
“licensin g body”  means a society or other organisation which has as its main 
object or one of its main objects, the negotiation or granting, either as owner or 
prospective owner of copyright or as agent for him, of licences, and whose objects 
include the gran ting o f licences covering works of more than one author;  
“licensing scheme”  means a scheme setting out — 
 (a) the classes of cases 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 whic h licences would be granted in those classes of cases.  
(2)  References in this Part to licencers or licensing schemes covering works of more 
than one author do not include l icences or schemes covering only — 
 (a) a single collective work of which the author s are the same; or  
 (b) works made by, or by employees of or commissioned by, a single indivi dual, 
firm, company or group of companies.  
84.   Licensing schemes to which sections 83 to 90 apply  
The provisions of sections 83 to 90 apply to licensing schemes of the following 
descriptions — 
 (a) licensing schemes operated by licensing bodies in relation to the cop yright in 
literary, dramatic, musical or artistic works or films, or film soundtracks 
when accompanying a film, which cover works of more than one auth or, so 
far as they relate to licences for — 
 (i) copying the work,  
 (ii) performing, playing or showing the work in public, or  
 (iii) broadcasting the work or including it in a cable pr ogramme service;  
 (b) licensing schemes in relation to the copyright in sound recordings other than 
film soundtracks when accompanying a film, broadcasts or cable 
programmes or the typographical arrang ement of published editions; and  
 (c) licensing schemes in relation to the copyright in sound recordings, films or 
computer pro grammes so far as they relate to licences for the rental of co pies 
to the pu blic. 
85.   Reference of proposed licensing scheme to Court  
(1)  The terms of a licensing scheme which a licensing body proposes to operate may 
be referred to the Court by an organ isation claiming to be representative of pe rsons who 
require licences in cases of a description to which the scheme would apply, either 
gene rally or in relation to any description of case.  
(2)  The Court shall first decide whether to entertain the referenc e and decline to do so 
on the ground that the refe rence is premature.  
(3)  If the Court decides to entertain the reference it shall consider the matter r eferred 
and make such order, confirming or varying the proposed scheme, either generally or so  CAP.  311 
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far as i t relates to cases of the description to which the reference r elates, as the Court may 
determine to be reasonable in the circu mstances.  
(4)  An order may be made under subsection (3) so as to be in force indef initely or for 
such period as the Court may det ermine.  
86.   Reference of existing licensing scheme to Court  
(1)  If during the operation of a licensing scheme a dispute arises between the 
licen sing body and — 
 (a) a person claiming that he requires a licence in a case of a description to 
which the sche me a pplies; or  
 (b) an organisation claiming to be representative of such person,  
that person or organisation may refer the scheme to the Court in so far as it relates to 
cases of that description.  
(2)  A scheme which has been referred to the Court under t his section shall r emain in 
operation until proceedings on the reference are concluded.  
(3)  The Court shall consider the matter in dispute and make such order, either 
confirming or varying the scheme so far only as it relates to cases of the description t o 
which the reference relates, as the Court may determine to be reaso nable in the 
circumstances.  
87.   Further reference to Court  
(1)  Where the Court has on a previous reference of a licensing scheme under 
section 85 or 86, or under this section, made an order with respect to the scheme then, 
while the o rder remains in force — 
 (a) the licensing body;  
 (b) a person claiming that he requires a licence in a case of the description to 
which the order a pplies; or  
 (c) an organisation claiming to be representati ve of such person,  
may refer the scheme again to the Court so as it relates to cases of that d escription.  
(2)  A licensing scheme shall not, except with the special leave of the Court be referred 
to again in respect of the same description of cases — 
 (a) within twelve months from the date of the order on the previous refe rence; or  
 (b) if the order was made so as to be in force for fifteen months or less, until the 
last three months before the expiry of the order.  
(3)  A scheme which has been referred to th e Court under this section shall r emain in 
operation until proceedings on the reference are concluded.  
(4)  The Court shall consider the matter in dispute and make such order, either 
confirming, varying or further varying the scheme so far only as it relat es to cases of the 
description to which the reference  relates, as the Court may determine to be reasonable in 
the circu mstances.  
(5)  The order may be made so as to be in force indefinitely or for such p eriod as the 
Court may determine.  
88.   Application f or grant of licence in connection with licensing scheme   CAP.  311 
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(1)  A person who claims, in a case covered by a licensing scheme, that the operator of 
the scheme has refused to grant him or procure the grant to him of a licence in acco rdance 
with the scheme, or h as failed to do so within a re asonable time after being asked, may 
apply to the Court for redress.  
(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 proc ure the grant to him of a l icence, or 
has failed to do so within a reasonable time of being asked, and that in the 
circumstances it is unreasonable that it should not be granted; or  
 (b) proposes terms for a licence which are unre asonable,  
may apply to the  Court.  
(3)  A case shall be regarded as excluded from a licensing scheme for the pu rposes 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 exce ption; or  
 (b) the case is so similar to those in which licences are granted under the scheme 
that it is unreasonable that it should not be dealt with in the same way.  
(4)  If the Court is satisfied that the claim is well -founded, it shall make an order 
declaring that, in respect of the matters specified in the order, the appl icant is entitled to a 
scheme on such terms as the Court may determine to be applicable in accordance with the 
scheme or, as the case may be to be reaso nable in the circumstances.  
(5)  The order may be made so as to be in force indefinitely or for such p eriod as the 
Court may determine.  
89.   Application for review as to entitlement to licence  
(1)  Where the Court has made an order under section 86 that a person is ent itled to a 
licence u nder a licensing scheme, the licensing body or the original applicant may apply 
to the Court to review its order.  
(2)  An application shall not be made, except with the sp ecial leave of the Court — 
 (a) within twelve months from the date of the order or of the decision on a 
previous application u nder this section; or  
 (b) if the order was made so as to be in force for fifteen months or less, or, as a 
result of the decision on a previous application under this section is due to 
expire within fifteen months of  that decision, until the last three months 
before the expiry date.  
(3)  The Court shall on an application for review confirm or vary its order as it may 
determine to be reasonable having regard to the terms applicable in accordance with the 
licensing sche me or, as the case may be, the circu mstances of the case.  
90.   Effect of order of Court as to licensing scheme  
(1)  A licensing scheme which has been confirmed or varied by the Court under 
section 85 or 86 shall be in force, or as the case may be, remain in operation so far as it 
relates to the description of the case in respect of which the order is made, so long as the 
order remains in force.   CAP.  311 
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(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 l icensing body any charges payable under the scheme in respect 
of a licence covering the case in question or, if the amount cannot be 
ascertained, gives an undertaking to the licensing body to pay them when 
ascertained; and  
 (b) complies with the other term s applicable to such a licence under the scheme,  
shall be in the same position as regards infringement of copyright as if he had at all 
material times been the holder of a licence granted by the owner of the copyright in 
question in accordance with the sch eme.  
(3)  The Court 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 cam e into 
operation but no such direction shall be made where subsection (1) applies.  
(4)  If a direction is made under subsection (3) — 
 (a) any necessary repayments, or further pa yments, shall be made in respect of 
charges a lready paid; and  
 (b) the referenc e in subsection (2)( a) to the charges payable under the scheme 
shall be construed as a reference to the charges so payable by virtue of the 
order.  
(5)  Where the Court has made an order under section 88 and the order r emains in 
force, the person in whose f avour the order is made shall, if he — 
 (a) pays to the licensing body any charges payable in accordance with the order 
or, if the amount cannot be ascertained, gives an undertaking to pay the 
charges when ascertained; and  
 (b) complies with the other terms  specified in the order,  
be in the same position as regards infringement of copyright as if he had at all material 
times been the holder of a licence granted by the owner of the cop yright in question on 
the terms specified in the order.  
References and Appl ication with Respect to Individual  
Licensing by Licensing Bo dies 
91.   Licences to which sections 91 to 95 apply  
Sections 91 to 95 apply to the following descriptions of l icence granted by a licensing 
body otherwise than in purs uance of a licensing scheme — 
 (a) licences relating to the copyright in literary, dramatic, musical or arti stic 
works or films or film soundtracks when accompanying a film, which cover 
works of more than one author, so far as they authorise — 
 (i) copying the works,  
 (ii) performing,  playing or showing the work in public, or  
 (iii) broadcasting the works or including it in a cable pr ogramme service;  
 (b) any licence relating to the copyright in a sound recording other than a film 
soundtrack when accompanying a film, broadcast or cable  programme, or 
the typographical arrangement of a published edition; and   CAP.  311 
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 (c) any licence relating to the copyright in sound recordings, film or co mputer 
programme so far as they relate to the rental of copies to the pu blic, 
and for the purpose of these se ctions, “a licence”  means a licence of any of those 
descriptions.  
92.   Reference to Court of proposed licence  
(1)  The terms on which a licensing body proposes to grant a licence may be referred 
to the Court by the prospective l icensee.  
(2)  The Court sha ll first decide whether to entertain the reference, and may d ecline to 
do so on the ground that the reference is premature.  
(3)  If the Court decides to hear the reference it shall consider the terms of the 
proposed licence and make such order, either conf irming or varying the terms, as it may 
determine to be reasonable in the circumstances.  
(4)  The order may be made so as to be in force indefinitely or for such p eriod as the 
Court may determine.  
93.   Reference to Court of expiring licence  
(1)  A licensee  under a licence which is due to expire, by effluxion of time or as a 
result of notice given by the licensing body, may apply to the Court on the ground that it 
is unre asonable in the circumstances that the licence should cease to be in force.  
(2)  Such an  application may not be made until three months before the l icence is due 
to expire.  
(3)  A licence in respect of which a reference has been made to the Court shall remain 
in operation until proceedings on the reference are concluded.  
(4)  If the Court fin ds the application well -founded, it shall make an order declaring 
that the licensee shall continue to be entitled to the benefit of the licence on such terms as 
the Court may determine to be reasonable in the ci rcumstances.  
(5)  An order of the Court under  this section may be made so as to be in force 
indef initely or for such period as the Court may determine.  
94.   Application for review of order as to licence  
(1)  Where the Court has made an order under section 92 or 93, the licen sing body or 
the person e ntitled to the benefit of the order may apply to the Court to review its o rder. 
(2)  An application shall not be made, except with the sp ecial leave of the Court — 
 (a) within twelve months from the date of the order or of the decision on 
previous applicati on 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 to that decision, until the last three months 
before the expiry date.  
(3)  The Court shall on an application for review confirm or vary its order as the Court 
may determine to be reasonable in the circumstances.  
95.   Effect of order of Court as to licence   CAP.  311 
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(1)  Where the Court has made an order  under section 92 or 93 and the o rder remains 
in force, the person entitled to the benefit of the order shall, if he — 
 (a) pays to the licensing body any charges payable in accordance with the order 
or if the amount cannot be ascertained, gives an undertak ing to pay the 
charges when ascertained; and  
 (b) complies with the other terms specified in the order,  
be in the same position as regards infringement of copyright as if he had at all material 
times been the holder of a licence granted by the owner of the  copyright in question on 
the terms specified in the order.  
(2)  The benefit of the order may be assigned — 
 (a) in the case of an order under section 92, if a ssignment is not prohibited under 
the terms of the Court’s order; and  
 (b) in the case of an order  under section 93, if assignment was not prohi bited 
under the terms of the original licence.  
(3)  The Court may direct that an order under section 92 or 93, or an order under 
section 94 varying such an order, so far as it varies the amount of charges payab le, has 
effect from a date before that on which it is made, but not earlier than the date on which 
the reference or application was made or, if later, on which the licence was granted or, as 
the case may be, was due to e xpire. 
(4)  If such a direction is m ade— 
 (a) any necessary repayments or further payments, shall be made in respect of 
charges already paid; and  
 (b) the reference in subsection (1)( a) to the charges payable in accordance with 
the order shall be construed, where the order is varied by a lat er order, as a 
reference to the charges so payable by virtue of the later order.  
Factors to be Taken into Account in Certain Classes of Case  
96.   General consideration unreasonable discrimination  
In determining what is reasonable on a reference or applica tion under this Part rela ting 
to a licensing scheme or licence, the Court shall have regard to — 
 (a) the availability of other schemes, or the granting of other l icences, to other 
persons in similar circumstances; and  
 (b) the terms of those schemes or lic ences,  
and shall exercise its powers so as to secure that there is no unreasonable di scrimination 
between licences, or prospective licensees, under the scheme or licence to which the 
reference or application relates and licensees under other schemes operat ed by, or other 
licences granted by, the same person.  
97.   Licences for reprographic copying  
Where a reference or application is made to the Court under this Part relating to the 
licensing of reprographic copying of published literary, dramatic, musical o r artistic works, 
or the typographical arrangement of published editions, the Court shall have r egard to — 
 (a) the extent to which published editions of the works in question are othe rwise 
available;   CAP.  311 
Copyright Act  – Subsidiary Legislation  
 
 
 (b) the proportion of the work to be copied; and  
 (c) the nature of the use to which the copies are likely to be put.  
98.   Licences for educational establishments in respect of works included in 
broa dcasts or cable programmes  
(1)  This section applies to references or applications under this Part relating to 
licences for the recording by or on behalf of educational establishments of broadcasts or 
cable programmes which include copyright works, or the making of copies of such 
recordings, for educational purposes.  
(2)  Where an application is made to the Court u nder section 97, the Court shall, in 
considering what charges if any, should be paid for a licence, have regard to the extent to 
which the owners of copyright in the works included in the broadcast or cable programme 
have already received, or are entitled to receive, payment in respect of their inclusion.  
99.   Licences to reflect conditions imposed by promoters events  
(1)  This section applies to references or applications under this Part in respect of 
licences relation to sound recordings, films, broadcas ts or cable programmes which 
include, or are to include, any entertainment or other event.  
(2)  The Court shall have regard to any conditions imposed by the promoters of the 
entertainment of other event; and, in particular, the Court shall not hold a refus al or 
failure to grant a licence to be unreasonable if it could not have been granted consistently 
with those conditions.  
(3)  Nothing in this section shall require the Court to have regard to any such 
cond itions in so far as they — 
 (a) purport to regulate  the charges to be imposed in respect of the grant of 
licences; or  
 (b) relate to payments to be made to the promoters of any event in consider ation 
of the grant of facilities for making the recording, film, broadcast or cable 
programme.  
100.   Licences to  reflect payments in respect of underlying rights  
(1)  In considering what charges should be paid for a licence on a reference or 
application under this Part relating to licences for the rental to the public of copies of 
sound recordings, films, or compute r programmes, the Court shall take into account any 
reaso nable payments which the owner of the copyright in the sound recording, film or 
computer program is liable to make in consequence of granting of the licence, or of the 
acts autho rised by the licence,  to owners of copyright in works included in that work.  
(2)  On any reference or application under this Part relating to licensing in respect of 
the copyright in sound recordings, films, broadcasts or cable pr ogrammes, the Court shall 
take into account, in  considering what charges should be paid for a licence, any 
reaso nable payments which the copyright owner is liable to make in consequence of the 
granting of the licence, or of the acts authorised by the licence, in respect of any 
perfor mance included in t he recording, film, broadcast or cable programme.  
101.   Mention of the specific matters not to exclude relevant consider ations   CAP.  311 
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The mention in sections 96 to 99 of the specific matters to which the Court is to have 
regard in certain classes of cases does n ot affect the Court’s general obligation in any case 
to have regard to all relevant considerations.  
PART VIII  
Rights in Performances  
102.   Protection and conferment of rights in performances  
(1)  The provisions of this Act on the protection of pe rformers shall apply to — 
 (a) performers who are nationals of Saint Vincent and the Gren adines; and  
 (b) performers who are not nationals of Saint Vi ncent and the Grenadines but 
whose perfor mances — 
 (i) take place on the territory of Saint Vi ncent and the Grenadine s, or 
 (ii) are incorporated in sound recordings that are protected under this Act.  
(2)  The provisions in this Act shall also apply to performers who are eligible for 
protection by virtue of and in accordance with international conventions or other 
intern ational agreements to which Saint Vincent and the Gren adines is a party.  
(3)  By virtue of, and subject to the provisions of this Part, rights are co nferred on — 
 (a) a performer, requiring his consent to the exploitation of his pe rformance; and  
 (b) a pers on having recording rights in relation to a performance, in respect of 
recordings made without his consent or that of the performer.  
(4)  The rights conferred by this Part are independent of — 
 (a) any copyright in, or moral rights relating to, any work use d or performed in 
the performance; and  
 (b) any other right or obligation arising otherwise than under this Part.  
(5)  The rights conferred by this Part apply in relation to performances taking place 
before the commencement of this Part; but no act done be fore commencement, or in 
pursuance of arrangements made before commencement, shall be regarded as infrin ging 
those rights.  
Performer’s Rights  
103.   Consent required for recording or live transmission of performance  
(1)  A performer’s rights are infringed by a person who, without the performer’s 
consent— 
 (a) makes, otherwise than for his private and d omestic use, a recording of whole 
or any substantial part of a qualifying pe rformance; or  
 (b) broadcasts live, or includes live in a cable pr ogramme service a recording of, 
the whole or any substantial part of a qualifying performance;  
 (c) infringes his right of distribution or right of ma king available to the public a 
fixed performance by wire or wireless means.   CAP.  311 
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(2)  In an action for infringement of a perfor mer’s rights brought by virtue of this 
section, damages shall not be awarded against a defendant who shows that at the time of 
the infringement he believed on reasonable grounds that co nsent had been given.  
104.   Consent and royalty required for adaptatio n of r ecording  
(1)  A performer’s rights are infringed by a person who, without his consent and 
payment of royalty at the rate, uses an original recording of a qualifying performance, 
whether authorised or not, for the purpose of making an adapt ation of th e recording.  
(2)  For the purposes of subsection (1), “an adaptation of the recording”  means a 
recording in which the performance is accompanied by lyrics or music not contained in 
the orig inal recording.  
105.   Infringement of performer’s rights by import ing possessory, illicit r ecording  
(1)  A performer’s rights are infringed by a person who, without his consent — 
 (a) imports into Saint Vincent and the Grenadines otherwise than for his pr ivate 
and domestic use; or  
 (b) in the course of a business, possess es, sells or lets for hire, offers or e xposes 
for sale or hire, or distributes,  
a recording of a qualifying performance which is, and which that person knows or has 
reason to believe is, an illicit r ecording.  
(2)  Where in an action for infringement of a p erformer’s rights brought by virtue of 
this section a defendant shows that the illicit recording was innocently acquired by him or 
a predecessor in title of his, the only remedy in damages available against him in r espect 
of the infringement is damages not  exceeding a reasonable payment in respect of the act 
complained of.  
(3)  For the purposes of subsection (2), “innocently a cquired”  means that the person 
acquiring the recording did not know and had no reason to believe that it was an illicit 
recording.  
106.   Performer’s moral rights  
(1)  A performer shall have as regards his live oral performances and performances 
fixed on a phonogram — 
 (a) the right to claim to be identified as the pe rformer of a performance, except 
where omission is dictated by the mann er of the use of the performance; and  
 (b) to object to any distribution, mutilation or other modification of his 
performance that would be prejudicial to his reputation.  
(2)  The provisions of sections 17(1) and 18 shall apply mutatis mutandis . 
Rights of Person Having Recording Rights  
107.   Consent required of performance subject to exclusive contract  
(1)  A person infringes the rights of a person having recording rights in relation to a 
performance who, without his consent or that of the performer, makes  a recording of the 
whole or any substantial part of the performance, otherwise than for his private and 
domestic use.   CAP.  311 
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(2)  In an action for infringement of those rights brought by virtue of this section 
damages shall not be awarded against a defendant who  shows that at the time of the 
infringement he believed on reasonable grounds that consent had been given.  
108.   Infringement of recording rights by use of recording made without co nsent 
(1)  A person infringes the rights of a person having recording righ ts in relation to a 
performance who, without his consent or, in the case of a qualifying performance, that of 
the performer — 
 (a) shows or plays in public the whole or any substantial part of the 
perfor mance; or  
 (b) broadcasts or includes in a cable progr amme service the whole or any 
substantial part of the performance by means of a recording which was, and  
which that person knows or has reason to believe was, made without the appropriate co nsent. 
(2)  Reference in subsection (1) to “the appropriate consen t” is to the co nsent of — 
 (a) the performer; or  
 (b) the person who at the time the consent was given had recording rights in 
relation to the performance or, if there was more than one such person, of all 
of them.  
109.   Infringement of recording rights by  importing, possessing illicit r ecording  
(1)  A person infringes the rights of a person having recording rights in relation to a 
performance, who, without his consent or, in the case of a qualifying performance, 
without the consent of the performer — 
 (a) imports into Saint Vincent and the Grenadines otherwise than for his pr ivate 
and domestic use; or  
 (b) in the course of a business possesses, sells or lets for hire, offers or exposes 
for sale or hire or di stributes,  
a recording of the performance which is,  and which that pe rson knows or has reason to 
believe is, an illicit recording.  
(2)  Where in an action for infringement of those rights brought by virtue of this 
section a defendant shows that the illicit recording was innocently acquired by him or a 
predecessor in title of his, the only remedy available against him in respect of the 
infringement is an amount not exceeding a reasonable payment in respect of the act 
complained of.  
(3)  For the purposes of subsection (2), “innocently a cquired”  means that the  person 
acquiring the recording did not know and had no reason to believe that it was an illicit 
recording.  
Exceptions to Infringement  
110.   Fair dealing for criticism, etc.  
Fair dealing with a performance or recording — 
 (a) for the purpose of criticism o r review of that or another pe rformance or 
recording, or of a work; or   CAP.  311 
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 (b) for the purpose of reporting current events,  
does not infringe any of the rights conferred by this Part, and the provisions of section 57 
shall, with the necessary modifications, a pply in determining whether or not an act 
constitutes fair dealing.  
111.   Acts done to recording of performance for purposes of instruction  
(1)  The rights conferred by this Part are not infringed by the copying of a recording of 
a performance in the cour se of instruction, or of preparation for instruction, in the making 
of films or film sound -tracks, provided the copying is done by a person giving or 
receiving instruction.  
(2)  The rights conferred by this Part are not infringed — 
 (a) by the copying of a recording of a performance for the purpose of setting or 
answering que stions in an examination;  
 (b) by anything done for the purposes of an examination by way of 
communicating the que stions to the candidates.  
(3)  Where a recording which would otherwise b e an illicit recording is made in 
accordance with this section but is subs equently dealt with, it shall be treated as an illicit 
recording for the purpose of that dealing.  
(4)  For the purposes of subsection (3) and section 112(2), “dealt with”  means sold or 
let for hire, or offered or exposed for sale or hire.  
112.   Recording of broadcasting and cable programmes by educational establis hment  
(1)  A recording of a broadcast or cable programme, or a copy of such a recording, 
may be made by or on behalf of an  educational institution for the educational purposes of 
that establishment without thereby infringing any of the rights conferred by this Part in 
relation to any performance or r ecording included in it.  
(2)  Where a recording which would otherwise be an i llicit recording is made in 
accordance with this section but is subs equently dealt with under section 111(4) it shall 
be treated as an illicit recording for the purposes of that dealing.  
113.   Acts done to performance or recording for parliamentary procee dings 
The rights conferred by this Part are not infringed by anything done for the purpose 
of— 
 (a) parliamentary or judicial proceedings or the reporting of those procee dings; or  
 (b) the proceedings of a statutory inquiry or the reporting of those procee dings 
held in public.  
114.   Transfer of recording of performance in electronic form  
(1)  Where a recording of a performance in electronic form has been pu rchased on 
terms which, expressly or impliedly or by virtue of any rule of law, allows the purchaser 
to make further recordings in connection with his use of the recording, then, in the 
absence of any express terms — 
 (a) prohibiting the transfer of the recording by the purchaser;  
 (b) imposing obligations which continue after a transfer;   CAP.  311 
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 (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 rights conferred by this Part, but any r ecording made by the purchaser 
which is not also transferred shall be treated as an illicit r ecording for all purposes after 
the transfer.  
(2)  Subsection (1) applies where the  original purchased recording is no longer u sable 
and what is transferred is a further copy used in its place.  
(3)  This section does not apply in relation to a recording purchased before the 
commencement of this Act.  
115.   Use of recordings of spoken wor ds 
(1)  Where a recording of the reading or recitation of a literary work is made the 
purpose of — 
 (a) reporting current events; or  
 (b) broadcasting or including in a cable programme service the whole or part of 
the reading or rec itation,  
it is not an inf ringement of the rights conferred by this Part to use the r ecording, or to 
copy the recording and use the copy for that purpose, provided the conditions specified in 
subse ction (2) are met.  
(2)  The conditions referred to in subsection (1) are that — 
 (a) the recording is a direct recording of the reading or recitation and is not 
taken from a previous recording or from a broadcast or cable pr ogramme;  
 (b) the making of the recording was not prohibited by or on behalf of the pe rson 
giving the reading or recit ation;  
 (c) the use made of the recording is not of a kind prohibited by or on behalf of 
that person before the recording was made; and  
 (d) the use is by or with the authority of a person who is lawfully in po ssession 
of the recording.  
116.   Playing soun d recording for charitable purposes  
It is not an infringement of any right conferred by this Part to play a sound recording 
as part of the activities of, or for the benefit of a club, society or other organis ation if — 
 (a) the organisation is not establish ed or conducted for profit and its main 
objects are charitable or are otherwise concerned with the advancement of 
religion, ed ucation or social welfare; and  
 (b) the proceeds of any charge for admission to the place where the recording is 
to be heard are a pplied solely for the purposes of the organisation.  
117.   Incidental recording for purposes of broadcast or cable programme  
(1)  Subject to subsection (2), a person who proposes to broadcast a recording of a 
performance, or to include a recording of a per formance in a cable programme se rvice, in  CAP.  311 
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circumstances not infringing the rights conferred by this Part, shall be treated as having 
consent for the purposes of this Part for the making of a further recording for the pu rposes 
of the broadcast or cable pr ogramme.  
(2)  The consent given under subsection (1) is subject to the condition that — 
 (a) the further recording shall not be used for any other purposes; and  
 (b) such recording shall be destroyed within twenty -eight days of being first 
used for broadcasti ng the performance or including it in a cable pr ogramme 
service.  
(3)  A recording made in accordance with this paragraph shall be treated as an illicit 
recording — 
 (a) for the purposes of any use in breach of the condition mentioned in 
subse ction (2)( a); and 
 (b) for all purposes after that condition or the condition mentioned in subse ction 
(2)(a) is breached.  
118.   Recordings for supervision and control of pr ogrammes permitted  
The rights conferred by this Part are not infringed by the making or use by a 
prescribed broadcasting organisation for the purpose of maintaining supervision and 
control over programmes broadcast by that organisation, of r ecordings of those 
programmes.  
119.   Order excepting acts from infringing rights under this Part  
(1)  Subject to  the provisions of this section, the Minister may, by order, provide that 
the rights conferred by this Part are not infringed by the doing of such acts in relation to 
the performance as are specified in the order, where such acts are done in the 
circu mstances so specified.  
(2)  An order made under subsection (1) may — 
 (a) contain consequential, supplemental or anci llary provisions as appear to the 
Minister to be necessary or expedient for the purpose of giving due effect to 
the order;  
 (b) prescribe the amo unt, or the formula by which the amount shall be 
calculated, which shall be paid by way of equitable remuneration to the 
performer or other person whose rights under this Part are affected by the 
order. 
(3)  No order may be made under this section unless t he Minister is satisfied — 
 (a) that the acts specified are to be done in connection with an event of n ational 
importance; and  
 (b) that the effect of the order would not contravene any convention rela ting to 
rights in respect of performances to which Saint  Vincent and the Gren adines 
is a party.  
120.   Court may consent on behalf of performer  
(1)  Subject to the provisions of this section, the Court may, on the application of a 
person who wishes to make a recording from a previous recording of a performance,  give 
consent in a case where —  CAP.  311 
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 (a) the identity or whereabouts of a performer cannot be ascertained by 
reasonable inquiry; or  
 (b) a performer unreasonably withholds his co nsent. 
(2)  Consent given by the Court has effect as consent of the performer for t he pu rpose 
of— 
 (a) the provisions of this Part relating to perfor mers’ rights; and  
 (b) section 127(3)( a), 
and may be given subject to such conditions as the Court may specify in the order.  
(3)  The Court shall not give consent under subsection (1)( a) exc ept after the service 
or publication of such notices as may be required by regulations or as the Court may in 
any particular case direct.  
(4)  The Court shall not give consent under subsection (1)( b) unless it is satisfied that 
the performer’s reasons for withholding consent do not include the protection of any 
legitimate interest of his, but it shall be for the performer to show what his reasons are for 
withholding consent, and in default of evidence as to his reasons the Court may draw 
such inferences as it thinks fit.  
(5)  In any case the Court shall take into account the fo llowing factors — 
 (a) whether the original recording was made with the performer’s consent and is 
lawfully in the possession or control of the person proposing to make the 
further r ecording;  
 (b) whether the making of the further recording is consistent with the oblig ations 
of the parties to the arrangements under which, or is otherwise consi stent 
with the purposes for which, the orig inal recording was made.  
(6)  Where the Court gives c onsent under this section it shall, in default of agre ement 
between the applicant and the performer, make such order as it thinks fit as to the 
payment to be made to the performer in consideration of consent being given.  
Duration and Transmission of Rights  in Performances: Consent  
121.   Duration of rights in performances  
The rights conferred by this Part shall continue to subsist until the expiry of seventy -
five years from the end of the ca lendar year in which the performance takes place.  
122.   Transmissi on of rights in performances  
(1)  The rights conferred by this Part are not assignable or transmissible, e xcept to the 
extent that performers’ rights are transmissible as provided in this section.  
(2)  On the death of a person entitled to performer’s right s— 
 (a) the rights pass to such person as he may by testamentary disposition 
specifically direct; and  
 (b) if there is no such direction, the rights are exercisable by his personal 
representative, and references in this Part to the performer, in the contex t of 
the person having performer’s rights, shall be construed as references to the 
person for the time being entitled to exercise those rights.   CAP.  311 
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(3)  Where by virtue of subsection (2)( a) a right becomes exercisable by more than one 
person, it is exercisable  by each of them independently of the other or ot hers. 
(4)  Subsections (1), (2) and (3) are without prejudice to any rights co nferred by this 
Act on a person to whom the benefit of a contract or licence is assigned.  
(5)  Any damages recovered by personal representatives by virtue of this section in 
respect of an infringement after a person’s death shall devolve as part of his estate as if 
the right of action had subsisted and been vested in him immediately before his death.  
123.   Consent  
(1)  Consent for the purposes of this Part may be given in relation to a specific 
performance, a specified description of performances, or performances generally, and 
may relate to past or future performances.  
(2)  A person having recording rights in a 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 p erson, any consent bin ding 
on the person previously entitled binds the person to whom the right passes in the same 
way as if the consent had been given by him.  
Remedies for Infring ement of Rights in Performances  
124.   Infringement actionable as breach of statutory duty  
An infringement of any of the rights conferred by this Part is actionable by the person 
entitled to the right as a breach of statutory duty.  
125.   Order for delivery up of illicit recording in Court  
(1)  Where a person has in his possession , custody or control in the course of a 
business an illicit recording of a performance, a person having performer’s rights or 
recording rights under this Part in relation to the performance may a pply to the Court for 
an order that the recording be delivere d up to him or to such other person as the Court 
may direct.  
(2)  An application shall not be made after the end of the period specified in 
section 135, and no order shall be made unless the Court also makes, or it appears to the 
Court that there are groun ds for making, an order under section 134.  
(3)  A person to whom a recording is delivered up in pursuance of an order u nder this 
section shall, if an order under section 135 is not made, retain it pending the ma king of an 
order, or the decision not to make  an order under that section.  
(4)  Nothing in this section affects any other power of the Court.  
126.   Right to seize illicit recordings  
(1)  Subject to any decision of the Court under section 134 and the conditions 
specified in subsections (2), (3) and ( 4), an illicit recording of a perfor mance which is 
found exposed or otherwise immediately available for sale or hire and in respect of which 
a person would be entitled to apply for an order under section 134 may be seized and 
detained by him or a pe rson au thorised by him.   CAP.  311 
Copyright Act  – Subsidiary Legislation  
 
 
(2)  Before anything is seized under this section written notice of the time and place of 
the proposed seizure must be given to a local police station.  
(3)  At the time when anything is seized under this section there shall be left at the 
place where it was seized a notice in the prescribed form containing the prescribed 
particulars as to the person by whom or on whose authority the seizure is made and the 
grounds on which it is made.  
(4)  For the purposes of this section, “premises”  includ es land, buildings, fixed or 
moveable structures, vehicles, vessels and ai rcraft.  
Offences in Relation to Performances  
127.   Criminal liability for making illicit recordings  
(1)  A person who without sufficient consent — 
 (a) makes for sale or hire;  
 (b) imports into Saint Vincent and the Grenadines otherwise than for his pr ivate 
and domestic use;  
 (c) possesses in the course of a business with a view to doing any act infrin ging 
the rights conferred by this Part; or  
 (d) in the course of a business — 
 (i) sells or lets for hire, or  
 (ii) offers or exposes for sale or hire, or  
 (iii) distributes,  
a recording which is, and which he knows or has reason to believe is, an illicit recording, 
commits an offence.  
(2)  A person who causes a recording of a performance made without sufficient 
consent— 
 (a) to be shown or played in public; or  
 (b) to be broadcast or included in a cable pr ogramme service,  
thereby infringing any of the rights conferred by this Part, if he knows or ought to have 
known that those rights are t hereby infringed, commits an offence.  
(3)  For the purposes of subsections (1) and (2), “sufficient consent”  means — 
 (a) in the case of a qualifying performance, the consent of the pe rformer; and  
 (b) in the case of a non -qualifying performance subject to an exclusive r ecording 
contract — 
 (i) for the purpose of su bsection (1)( a), the consent of the performer or 
the person having recording rights, and  
 (ii) for the purposes of subsection (2)( a) and ( b), the consent of the pe rson 
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.   CAP.  311 
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(5)  No offence is committed under subsection (1) or (2) b y the doing of an act which, 
by virtue of any provision of this Part, may be done without infringing the rights 
conferred by this Part.  
(6)  A person guilty of an offence under subsection (1) or (2) shall be liable — 
 (a) on summary conviction to a fine not  exceeding two thousand five hundred 
dollars or to imprisonment for a term not excee ding twelve months; or  
 (b) on conviction on indictment to a fine not exceeding fifty tho usand dollars or 
for a term not exceeding five years, or to both a fine and impriso nment.  
(7)  A person guilty of any other offence under this section is liable on summary 
conviction to a fine not exceeding one thousand dollars or to i mprisonment for a term not 
exceeding six months, or to both a fine and impriso nment.  
128.   Order for de livery up of illicit recording in criminal proceedings  
(1)  The Court before which proceedings are brought against a person for an offence 
under section 127 may, if satisfied that at the time of his arrest or charge he had in his 
possession, custody or con trol in the course of a business an illicit recording of a 
performance, order that it be delivered up to a person having performer’s rights or 
recording rights in relation to the performance or to such other person as the Court may 
direct.  
(2)  An order ma y be made by the Court of its own motion or on the appl ication of the 
prosecution and may be made whether or not the person is convicted of the o ffence, but 
shall not be made — 
 (a) after the end of the period specified in section 135; or  
 (b) if it appears  to the Court unlikely that any order will be made under 
section 134. 
(3)  An appeal lies to the Court of Appeal from an order made under this section.  
(4)  A person to whom an illicit recording is delivered up in pursuance of an order 
under this section s hall retain it pending the making of an order, or the decision not to 
make an order, under section 135.  
PART IX  
Collective Societies  
129.   Collective societies to be registered  
(1)  No person or association of persons shall, after the coming into force of  this Act, 
commence or carry on the bus iness of issuing or granting licences in respect of any work 
in which copyright or related rights subsists or in respect of any other rights conferred by 
this Act except in accordance with the regi stration granted und er subsection (3).  
(2)  Notwithstanding subsection (1) — 
 (a) an owner of copyright of related rights shall in his individual capacity, 
venture to have the right to grant licences in respect of his works consistent 
with his obligation as a member of a colle ctive society; and  
 (b) a collective society functioning immediately before the coming into force of 
this Act shall be deemed to be a collective society for the pu rposes of this  CAP.  311 
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Act and every such society shall ensure that it is registered within a p eriod of 
one year from the date of commencement of this Act.  
(3)  Any association of persons who fulfil the conditions as may be prescribed may 
apply for permission to do the business specified in subsection (1) to the Registrar.  
(4)  The Registrar may, having r egard to the interests of authors and other owners of 
rights under this Act, the interest and convenience of the public and ability and 
professional competence of the applicants, register such association of persons as a 
collective society subject to such conditions as may be prescribed.  
(5)  The Registrar shall not ordinarily register more than one Collective S ociety to do 
business in respect of the same class of works.  
(6)  The Registrar may, if he is satisfied that a collective society is being managed i n a 
manner detrimental to the interest of the owners of rights concerned, cancel the 
registration of the society after such inquiry as may be pr escribed.  
(7)  If the Registrar is of the opinion that in the interest of the owners of rights 
concerned, it is necessary to do so, he may, by order, suspend the registration of a society 
pending inquiry for a period not exceeding one year as may be specified in the order and 
the Registrar shall appoint an administrator to discharge the functions of the collective 
society. 
(8)  In the exercise of his functions under this section the Registrar shall act after 
consultation with the Minister.  
130.   Administration of rights by collective society  
(1)  Subject to such conditions as may be prescribed — 
 (a) a collective soc iety may accept from an owner of rights exclusive 
authorisation to administer any right in any work by issue of licences or 
collection of l icence fees or both; and  
 (b) an owner of rights shall have the right to withdraw such authorisation 
without prejudic e to the rights of the collective society under any contract.  
(2)  A collective society shall be competent — 
 (a) to enter into agreement with any foreign society or organisation 
administering rights correspon ding to rights under this Act;  
 (b) to entrust t o such foreign society or organisation the administration in any 
country of rights administered by the said collective society in Saint Vi ncent 
and the Grenadines; and  
 (c) for administering in Saint Vincent and the Grenadines the rights 
administered in a foreign country by such society or organis ation. 
(3)  Subject to such conditions as may be prescribed, a copyright society may — 
 (a) issue licences in respect of any rights under this Act;  
 (b) collect fees in pursuance of such licences;  
 (c) distribute su ch fees among owners of rights after making dedu ctions for its 
own expenses;  
 (d) perform any functions consistent with its rules and by -laws.  
131.   Control over the copyright society by the owner of rights   CAP.  311 
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(1)  A collective society shall be subject to th e control of the owners of rights whose 
rights it administers, not being owners of rights administered by a foreign society or 
organis ation, and shall, in such manner as may be prescribed — 
 (a) prepare a scheme for determining the quantum of remuneration p ayable to 
individual owners of rights;  
 (b) obtain the approval of such owners of rights for its procedures of collection 
and distribution of fees;  
 (c) obtain the approval of such owners for the utilisation of any amounts 
collected as fees for any purpose  other than distribution to the owner of 
rights; and  
 (d) provide such owners with regular, full and d etailed information concerning 
all its activities, in reaction to the administration of their rights.  
(2)  All fees distributed among the owners of rights  shall as far as may be, be 
distri buted in proportion to the actual use of their works.  
132.   Submission of returns and reports  
(1)  A collective society shall submit to the Registrar such returns as may be 
prescribed.  
(2)  The Registrar may call for any report or records of a collective society for the 
purposes of satisfying himself that the fees collected by the society in respect of rights 
administered by it are being utilised or distributed in acco rdance with the provision of this 
Act. 
133.   Rights an d liabilities of performing rights societies  
Nothing in this Part shall affect the rights or liabilities in any work in co nnection with 
a performing rights society which had accrued or were accrued on or before the day prior 
to the commencement of this Act  on any legal proceedings in r espect of any such rights 
or liabilities pending on that day.  
PART X  
General  
134.   Order for disposal of infringing copy or illicit r ecording  
(1)  An application may be made by the owner of a cop yright to the Court for an ord er 
that— 
 (a) an order that an infringing copy or article deli vered up in of pursuance of an 
order under se ctions 30 and 46 shall be — 
 (i) forfeited to the copyright owner, or  
 (ii) destroyed or otherwise dealt with as the Court may direct;  
 (b) an order t hat an illicit recording of a perfor mance delivered up in pursuance 
of an order u nder section 125 or 128 shall be — 
 (i) forfeited to such person having pe rformer’s rights or recording rights 
in rel ation to the performance as the Court may direct, or   CAP.  311 
Copyright Act  – Subsidiary Legislation  
 
 
 (ii) destroyed or otherwise dealt with as the Court thinks fit,  
or a decision that no order under paragraph ( a) or ( b) should be made.  
(2)  In considering what order should be made, the Court shall have consideration of 
the following — 
 (a) where the infringemen t relates to copyright in a work, whether other 
remedies available in an action for infringement of copyright would be 
adequate to compensate the copyright owner and to protect his interest;  
 (b) where the infringement relates to rights co nferred under Par t IX, whether 
other remedies available in an action for infringement of those rights would 
be adequate to compensate the person or persons entitled to the rights and to 
protect their interests.  
(3)  Provisions shall be made by order of Court with r espect t o the service of notice on 
persons having an interest in the copy or other articles or the illicit recording, as the case 
may be, and any such person shall be entitled — 
 (a) to appear in proceedings for an order under this section whether or not he 
was ser ved with n otice; and  
 (b) to appeal against any order made, whether or not he appeared,  
and an order shall not take effect until the end of the period within which n otice of an 
appeal may be given or, if before the end of that period notice of appeal is du ly given, 
until the final determination or abandonment of the pr oceedings on the appeal.  
(4)  Where there is more than one person interested in an infringing copy other article, 
or recording, the Court shall make such order as it thinks just and may in par ticular, direct 
that such copy, article or recording be sold, or otherwise dealt with, and the proceeds 
divided.  
(5)  If the Court decides that no order should be made u nder this section, the person in 
whose possession, custody or control the copy, article  or, recording was before being 
delivered up or seized is entitled to its return.  
(6)  References in this section to “a person having an interest in a copy or other 
article or a recording”  include any person in whose favour an order could be made in 
respec t of the copy, article or, as the case may be, a recording u nder this section.  
135.   Period after which delivery up not available  
(1)  An application for an order under section 30 or 125 may not be made after the end 
of the period of six years from the da te on which the infringing copy or article or, the 
illicit recording in question was made, subject to the following pr ovisions.  
(2)  If during the whole or any part of that period a person entitled to apply for an 
order— 
 (a) is under a disability; or  
 (b) is prevented by fraud or concealment from discovering the facts ent itling 
him to apply,  
an application may be made by him at any time before the end of the period of six years 
from the date on which he ceased to be under a disability or, could with reason able 
diligence have discovered those facts.   CAP.  311 
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(3)  An order made under section 30 or 126 shall not, in any case be made after the 
end of the period of six years from the date in which the infringing copy or article or, the 
illicit recording in question was m ade. 
136.   General civil remedies  
(1)  The Court shall have the authority — 
 (a) to order the impounding of copies of works or sound recordings suspected of 
being made or imported without the authorisation of the owner of any right 
protected under this Act  when the making or importation of copies as subject 
to such a uthorisation as well as the impounding of the packaging of the 
implements that could be used for the making of such copies;  
 (b) to order the forfeiture and seizure of air plates, moulds, matric es ma sters 
tapes, film negatives or other articles by means of which such copies of 
works or sound recordings may be reproduced, and all electronic, 
mechanical or other devices for manufacturing, reproducing or a ssembling 
such copies of works or sound r ecordings.  
(2)  The provisions of subsection (1)( a) shall not be appl icable to copies and their 
packaging which were acquired by a third party in good faith.  
(3)  Where there is a danger that acts of infringement may be continued, the Court 
shall, in addition  to any penalty imposed, impose a fine of five hu ndred dollars for each 
day on which the infringement is continued.  
137.   Time limit for prosecution  
No prosecution for an offence under this Act shall be commenced after the expiration 
of one year after the  disco very of the offence.  
138.   Powers of members of Police Force  
(1)  Subject to section 139, a police officer not below the rank of an Sergeant may — 
 (a) enter and search any premises or place;  
 (b) stop, board and search any vessel other than a ship o f war, or any ai rcraft 
other than a military aircraft; or  
 (c) stop and search any vehicle,  
in which he reasonably suspects there is an infringing copy of a work or an illicit 
recording or any article used or intended to be used for making infringing copie s or illicit 
recordings; and  
 (d) seize, remove or detain — 
 (i) any article which appears to him to be an infringing copy or an illicit 
recording or any other article which appears to him to be intended for 
use for making such copies or r ecordings, and  
 (ii) anything which appears to him to be or to contain, or to be likely to be 
or to contain, evidence of an offence under this Act.  
(2)  A police officer not below the rank of an Sergeant may — 
 (a) break open any outer or inner door of any place which he is authorised by 
this section to enter and search;   CAP.  311 
Copyright Act  – Subsidiary Legislation  
 
 
 (b) forcibly board any vessel, aircraft or vehicle which he is authorised under 
this Act to stop, board and search;  
 (c) remove by force any person or thing obstructing him in the exercise of any 
power confe rred on him by this Act;  
 (d) detain any person found in any place which he is authorised under this 
section to search until such place has been searched;  
 (e) detain any vessel or aircraft which he is autho rised under this section to stop, 
board and searc h, and prevent any person from approaching or boar ding 
such vessel or aircraft until it has been searched;  
 (f) detain any vehicle which he is empowered u nder this Act to stop and search 
until it has been searched.  
139.   Restrictions on entry and search o f premises  
(1)  Pursuant to section 138, no premises shall be entered and searched by a police 
officer unless a magistrate has i ssued a warrant under subsection (2).  
(2)  A Magistrate or Justice of the Peace may, if he is satisfied by inform ation on oath 
that there is reasonable ground for suspecting that there is in any premises any art icle 
which may be seized, removed or detained under any provision of this Act, issue a 
warrant authorising a police officer not below the rank of Inspector to enter and sear ch 
the premises, and such member may call upon any Constable to assist him in entering and 
searching the premises.  
(3)  A police officer not below the rank of Sergeant authorised under subsection (2) to 
enter and search any premises may call upon any polic e officer to assist him in e ntering 
and searching the premises.  
(4)  Premises means any premises or a part thereof, used exclusively or mainly as a 
dwelling.  
140.   Obstruction of members of Police Force  
(1)  Without prejudice to any other written law, any  person who — 
 (a) wilfully obstructs a member of the Police Force in the exercise of his po wers 
or the performance of his duties under this Act;  
 (b) wilfully fails to comply with any requirement properly made to him by any 
such member; or  
 (c) without rea sonable 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,  
commits an offence and is liable on summary conviction to a fine not  excee ding two 
thousand five hundred dollars or to imprisonment for a term not e xceeding twelve 
months.  
(2)  Nothing in this section shall be construed as requiring any person to give any 
information which may incriminate him.  
141.   Offences by body corpo rate 
Where an offence under this Act committed by a body corporate is proved to have 
been committed with the consent or connivance of, or to be attribu table to neglect on the  CAP.  311 
Copyright Act  – Subsidiary Legislation  
 
 
part of, any director, manager, secretary or other similar officer of the body co rporate or any 
person who was purporting to act in any such capacity, he, as well as the body corp orate, is 
guilty of that offence and is liable to be prosecuted against and punished accor dingly.  
142.   Power to make regulations  
The Minister may make regul ations prescribing such matters as are required or 
permitted by this Act to be prescribed or are necessary or desirable to be prescribed for 
giving e ffect to this Act.  
143.   International organisations  
(1)  This section applies to international organisati ons as to which the Minister by 
order has declared that it is expedient that this section should apply.  
(2)  Where an original literary, dramatic, musical or artistic work is first published by 
or under the direction or control of an international organisa tion to which this section 
applies in any circumstance whereby 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 wi th the author which 
does not r eserve to the author the copyright, if any, in the work; or  
 (b) the work was made in circumstances that, if it had been first published in 
Saint Vincent and the Grenadines, the organisation would have been ent itled 
to the cop yright in the work,  
then, copyright shall subsist in the work by virtue of this se ction and the organisation 
shall be first owner of that cop yright.  
(3)  Copyright of which an international organisation is first owner by virtue of this 
section shall subsis t until the end of the period of fifty years from the end of the ca lendar 
year in which the work was made or such longer period as may be specified by the 
Minister, by order, for the purpose of compl ying with the international obligations of 
Saint Vincent and the Grenadines.  
(4)  An organisation to which this section applies which otherwise has not, or at some 
material time otherwise has not, the legal capacities of a body co rporate shall have, and 
shall be deemed at all material times to have had, the enfo rcing copyright, and in 
conne ction with all legal proceedings relating to copyright.  
144.   Act binds Crown  
This Act binds the Crown save that nothing in this Act shall render the Crown liable to 
prosecution.  
145.   Regulations  
The Minister may make regula tions prescribing such matters as are required or 
permitted by this Act to be prescribed or as are necessary or desirable to be prescribed for 
giving effect to this Act.  
146.   Repeal  
The Copyright Act is repealed.  
[Chapter 262 of the Revised Laws 1990 Edi tion.]   CAP.  311 
Copyright Act  – Subsidiary Legislation  
 
 
147.   Savings  
Nothing in this Act shall affect the operation of any rule of equity relating to a breach 
of trust or confidence.  
148.   Transitional provisions  
(1)  Where immediately prior to the appointed day copyright subsists in Saint Vincent 
and the Grenadines in any literary, dramatic, musical or artistic work by virtue of the 
Copyright Act, such copyright shall continue to subsist, and the person entitled thereto by 
virtue of that Act shall be the owner thereof, under and subject to this Act, a nd in 
partic ular— 
 (a) the duration of such copyright;  
 (b) the acts comprised within the exclusive rights attaching to such cop yright; 
and 
 (c) the effect upon the ownership of such copyright of any event or tran saction 
occurring or of any contract or agr eement made on or after the appointed 
day, 
shall be governed by this Act.  
(2)  Where before the appointed day any person has incurred any expenditure or 
liability in connection with or in contemplation of the doing of an act in relation to a 
protected work  or to a performance in respect to which rights are conferred by this Act, 
being an act which prior to that date would have been lawful, nothing in this Act shall 
diminish or prejudice any rights or interests which, in relation to that work or 
perfor mance,  are subsisting and valuable on the appointed day, unless the person who, by 
virtue of this Act, is the owner of the copyright or the person having rights in the 
perfor mance, agrees to pay such compensation as, in default of agreement, may be fixed 
by the Court.  
(3)  Where an act done before the appointed day was then an infringement of 
copyright but is not an infringement of copyright or rights in a performance under this 
Act, then, pr oceedings in respect of that act may be taken as if this Act had not bee n 
passed.  
(4)  An act done before the appointed day shall not be an infringement of cop yright or 
rights in a performance conferred by this Act if that act would not, but for the passing of 
this Act, have constituted an infringement.  
(5)  Proceedings under this Act for infringement may be taken notwithstanding the 
alleged infringement occurred b efore the appointed day.  
(6)  For the purposes of this section, “appointed day”  means the day appointed by the 
Governor -General pursuant to section 1.  
 
CHAPTER 311  
COPYRIGHT ACT  
SUBSIDIARY LEGISLATION  
  CAP.  311 
Copyright Act  – Subsidiary Legislation  
 
 
List of Subsidiary Legislation  
1. Copyright (Specified Countries) Order  
 
Copyright (Specified Countries) O rder 
SRO 16 of 2005  
ARRANGEMENT OF ORDER S 
1. Citation.  
2. Specified countries.  
3. Proof of status as a Berne Co nvention cou ntry. 
4. Effect of specifying countries.  
Schedule   
 
COPYRIGHT (SPECIFIED COUNTRIES) ORDER  
In exercise of the power conferred by sections 2(1) and 6(11) of the Copyright Act 
(No. 21 of 2003), the Minister makes the following Order.  
[SRO 16 of  2005.]  
[Date of commencement: 2 nd August , 2005.]  
1.   Citation  
This Order may be cited as the Copyright (Specified Cou ntries) Order, 2005.  
2.   Specified countries  
(1)  The countries specified in the Schedule to this Order, being members of the Berne 
Conv ention for the Protection of Literary and Artistic Works of 1886 as revised and 
amended, are hereby declared to be specified countries for the purposes of copyright 
protection in Saint Vincent and the Grenadines.  
(2)  Where a country becomes a party to the  Berne Convention for the Protection of 
Literary and Artistic Works of 1886, as revised and amended, after the commencement of 
this Order, the provisions of, and the benefits of copyright protection co nferred by, this 
Order shall apply to such country with  effect from the date it becomes a party to the 
Conve ntion. 
3.   Proof of status as a Berne Convention country  
Any circular, notice or list which may be issued by the World Intellectual Property 
Organisation from time to time, setting out the countries whi ch are parties to the Berne 
Convention for the Protection of Literary and Artistic Works, and the dates on which such 
countries became parties to the Conve ntion, shall be sufficient proof of a country’s 
membership of the Convention for the purposes of para graph 2(2) of this Order.  
4.   Effect of specifying countries   CAP.  311 
Copyright Act  – Subsidiary Legislation  
 
 
The provisions of the Copyright Act shall apply — 
 (a) in relation to persons who, at a material time, are citizens or subjects of a 
country specified in the Schedule, as they apply in relation t o persons who, 
at such a time, are citizens of Saint Vincent and the Grenadines;  
 (b) in relation to persons who, at a material time, are domiciled or resident in a 
country specified in the Schedule, as they apply in relation to pe rsons who, at 
such a time , are domiciled or resident in Saint Vincent and the Gren adines;  
 (c) in relation to literary, dramatic, musical or artistic works, sound r ecordings, 
films or editions first published in a country specified in the Schedule, as 
they apply in relation to lit erary, dramatic, musical or artistic works, sound 
recordings, films or editions first published in Saint Vincent and the 
Grenadines;  
 (d) in relation to bodies incorporated by or under the laws of a country spec ified 
in the Schedule, as they apply in relat ion to bodies incorporated by or under 
the laws of Saint Vincent and the Grenadines;  
 (e) in relation to broadcasts made or cable pr ogrammes sent from places in a 
country specified in the Schedule by persons permi tted or authorised by or 
under the laws of that country to make those broadcasts or send those 
programmes, as they apply in relation to broadcasts made or cable 
programmes sent from places in Saint Vincent and the Grenadines by 
persons permitted or authorised by or under the laws of Saint Vincent a nd 
the Grenadines to make those broadcasts or send those cable pr ogrammes.  
 
Schedule  
[Paragraph 2(1).]  
Albania  
Algeria  
Andorra  
Antigua and Barbuda  
Argentina  
Armenia  
Australia  
Austria  
Azerbaijan  
Bahamas  
Bahrain  
Bangladesh  
Barbados  
Belarus  
Belgium  
Belize   CAP.  311 
Copyright Act  – Subsidiary Legislation  
 
 
Benin 
Bhutan  
Bolivia  
Bosnia and Herzegovina  
Botswana  
Brazil  
Bulgaria  
Burkina Faso  
Cameroon  
Canada  
Cape Verde  
Central African Republic  
Chad  
Chile  
China, including the Special Administrative regions of Hong Kong and Macau  
Colombia  
Comoros  
Congo  
Costa Rica  
Croat ia 
Cuba  
Cyprus  
Czech Republic  
Cote d’lvoire  
Democratic People’s Republic of Korea  
Democratic Republic of the Congo  
Denmark  
Djibouti  
Dominica  
Dominican Republic  
Ecuador  
Egypt  
El Salvador  
Equatorial Guinea  
Estonia  
Fiji  CAP.  311 
Copyright Act  – Subsidiary Legislation  
 
 
Finland  
France  
Gabon  
Georgia  
Germany  
Ghana 
Greece  
Grenada  
Guatemala  
Guinea  
Guinea -Bissau  
Guyana  
Haiti  
Holy See  
Honduras  
Hungary  
Iceland  
India  
Indonesia  
Ireland  
Israel  
Italy 
Jamaica  
Japan  
Jordan  
Kazakhstan  
Kenva  
Kyrgyzstan  
Latvia  
Lebanon  
Lesotho  
Liberia  
Libyan Arab Jamahiriya  
Liechtenstein  
Lithu ania 
Luxemburg   CAP.  311 
Copyright Act  – Subsidiary Legislation  
 
 
Madagascar  
Malawi  
Malaysia  
Mali  
Malta  
Mauritania  
Mauritius  
Mexico  
Micronesia (Federated States of)  
Monaco  
Mongolia  
Morocco  
Namibia  
Netherlands  
New Zealand  
Nicaragua  
Niger  
Nigeria  
Norway  
Oman  
Pakistan  
Panama  
Paraguay  
Peru 
Philippines  
Poland  
Portugal  
Qatar  
Republic of Korea  
Republic of Moldova  
Romania  
Russian Federation  
Rwanda  
Saint Kitts and Nevis  
Saint Lucia  
Saudi Arabia   CAP.  311 
Copyright Act  – Subsidiary Legislation  
 
 
Senegal  
Serbia and Montenegro  
Singapore  
Slovakia  
Slovenia  
South Africa  
Spain  
Sri Lanka  
Sudan  
Suriname  
Swaziland  
Sweden  
Switzerland  
Syrian Arab Republic  
Tajikistan  
Thailand  
The former Yugoslav Republic of Macedonia  
The Gambia  
Togo  
Tonga  
Trinidad and Tobago  
Tunisia  
Turkey  
Ukraine  
United Arab Emirates  
United Kingdom  
United Republic of Tanzania  
United States of America  
Uruguay  
Uzbekistan  
Venezuela  
Viet Nam  
Yugoslavia  
Zambia  
Zimbabwe