Laws of Saint Christopher 
and Nevis  Copyright Act  Cap 18.08  1 
Revision Date: 31 Dec 2002  
 
  
ST CHRISTOPHER AND N EVIS  
CHAPTER 1 8.08 
COPYRIGHT ACT  
Revised Edition  
showing the law as at 31 December 2002  
This is a revised edition of the law, prepared by the Law Revision Commissioner under the 
authority of the Law Revision Act, No. 9 of 1986  
This edition contains a consolidation of the following laws:  
Copyright Act  
Act 8 of 2000 in force 1st June , 2002  Laws of Saint Christopher 
and Nevis  Copyright Act  Cap 18.08  3 
Revision Date: 31 Dec 2002  
CHAPTER 1 8.08 
COPYRIGHT  ACT  
ARRANGEMENT OF SECTIONS  
PART I  – PRELIMINARY  ................................ ................................ ................................ ... 9 
1. Short title  ................................ ................................ ................................ ................  9 
2. Interpretation  ................................ ................................ ................................ ..........  9 
3. Publication  ................................ ................................ ................................ ............  16 
4. Encrypted broadcast  ................................ ................................ ..............................  18 
PART II – COPYRIGHT  ................................ ................................ ................................ .... 18 
5. Requirements for protection  ................................ ................................ .................  18 
6. Eligible works  ................................ ................................ ................................ ....... 19 
7. Qualification for protection: author  ................................ ................................ ...... 20 
8. Qualification for protection: place of publication , etc ................................ ..........  20 
9. Nature of copyright protection: economic and moral rights  ................................ . 21 
10. Duration of copyright in literary, etc., works  ................................ ........................  21 
11. Duration of copyright in sound reco rdings and films  ................................ ...........  22 
12. Duration of copyright in broadcasts and cable programmes  ................................ . 23 
13. Duration of copyright in typographical arrangements  ................................ ..........  23 
PART III – MORAL RIGHTS  AND RELATED RIGHTS  ................................ ................  23 
14. Right to be identified as author etc.  ................................ ................................ ...... 23 
15. Right to object to derogatory treatment of work  ................................ ...................  25 
16. False attribution of work  ................................ ................................ .......................  26 
17. Right to privacy of photographs and films ................................ ............................  26 
18. Duration of moral rights and related rights  ................................ ...........................  26 
19. Consent and waiver of rights  ................................ ................................ ................  26 
20. Applic ation of provisions to joint works  ................................ ..............................  27 
21. Application of provisions to works  ................................ ................................ ....... 27 
PART IV – OWNERSHIP AND ASSIGNMENT OF RIGHTS  ................................ ........  28 
22. Ownership of copyright  ................................ ................................ ........................  28 
23. Assignment and licences  ................................ ................................ .......................  28 
24. Prospective ownership of copyright  ................................ ................................ ...... 29 
25. Rights of exclusive licensee  ................................ ................................ ..................  29 
26. Copyright in manuscript may pas s under will  ................................ ......................  29 
27. Moral rights not assignable  ................................ ................................ ...................  29 
28. Transmission of moral rights etc., on death  ................................ ..........................  29 4 Cap 18 .08 Copyright Act  Laws of Saint Christopher 
and Nevis  
Revision Date: 31 Dec 2002  
PART V – INFRINGEMENT OF RIGH TS ................................ ................................ ....... 30 
29. Meaning of “action”  ................................ ................................ .............................  30 
30. Part subject to other provisions  ................................ ................................ ............  30 
31. Acts infringing copyright  ................................ ................................ .....................  30 
32. Action by owner of copyright  ................................ ................................ ..............  32 
33. Order for delivery up in civil proceedings  ................................ ...........................  32 
34. Infringement of rights of exclusive licensee  ................................ ........................  33 
35. Infringement where rights are concurrent  ................................ ............................  33 
36. Infringemen t of right to be identified as author or Director  ................................ . 34 
37. Infringement of right to object to derogatory treatment of work ..........................  34 
38. Infringement by possession of infringing article  ................................ ..................  35 
39. Acts that do not infringe section 15  ................................ ................................ ..... 35 
40. False attribution of work: infringement of right  ................................ ...................  36 
41. Infringement of privacy right in photographs, etc  ................................ ................  37 
42. Effect of consent and waiver of rights  ................................ ................................ .. 37 
43. Remedies for infringing moral rights, etc  ................................ ............................  37 
44. Presumptions where action relates to literary works, etc.  ................................ .... 37 
45. Presumption where action relates to sound recording, film or computer 
programme  ................................ ................................ ................................ ...........  38 
46. Penalties in respect of dealings which infringe copyright  ................................ .... 39 
47. Presumptions not to apply  ................................ ................................ ....................  40 
48. Order to deliver up in criminal proceedings  ................................ .........................  40 
49. Application of provisions re -entry, etc.  ................................ ................................  41 
50. Restricting importation of infringing copies  ................................ ........................  41 
PART VI – EXCEPTIONS TO INFRIN GEMENT OF COPYRIGHT  .............................  42 
51. Definition of “sufficient acknowledgment”  ................................ .........................  42 
52. Research and private study  ................................ ................................ ...................  42 
53. Criticism, review and r eporting  ................................ ................................ ............  42 
54. Determining fair dealing  ................................ ................................ ......................  43 
55. Incidental inclusion of protected work  ................................ ................................ . 43 
56. Acts done for purposes of instruction or examination  ................................ ..........  43 
57. Anthologies for educational use  ................................ ................................ ...........  44 
58. Recording of broadcast, etc. by educational establishments  ................................  44 
59. Restriction on reprographic copying by educational establishment  .....................  44 
60. Subsequent dealings with authorised copies  ................................ ........................  45 
61. Interpretation of references: Regulations  ................................ .............................  45 
62. Supply by librarian of copies of published work  ................................ ..................  45 
63. Supply of copies to other libraries  ................................ ................................ ........  46 
64. Replacing copies of works  ................................ ................................ ...................  46 Laws of Saint Christopher 
and Nevis  Copyright Act  Cap 18.08  5 
Revision Date: 31 Dec 2002  
65. Copying of unpublished work  ................................ ................................ ...............  47 
66. Parliamentary and judicial proceedings  and statutory inquiries  ............................  47 
67. Public records  ................................ ................................ ................................ ....... 48 
68. Design documents and models  ................................ ................................ .............  48 
69. Where design derived from artistic work is exploited by owner, etc.  ...................  48 
70. Transfer of works in electronic form  ................................ ................................ .... 49 
71. Anonymous and pseudonymous literary etc. works  ................................ .............  49 
72. Use of notes of recordings of spoken words  ................................ .........................  50 
73. Reading or recitation in public  ................................ ................................ ..............  51 
74. Representation of artistic works on public display  ................................ ...............  51 
75. Reconstruction of buildings  ................................ ................................ ..................  51 
76. Subsequent work by same artist  ................................ ................................ ............  51 
77. Making etc. of recordings of musical work previously made or imported 
work  ................................ ................................ ................................ ......................  51 
78. Licensed rental of sound recordings, etc  ................................ ...............................  52 
79. Playing of sound recor ding for purposes of charitable organisation  .....................  52 
80. Incidental recording for purposes of broadcast or cable programme  ....................  53 
81. Recording of broadcasts for programme control  ................................ ..................  53 
82. Recording for archival purposes  ................................ ................................ ...........  54 
83. Reception and re -transmission of broadcast in cable programme service  ............  54 
84. Recording for purpose of time -shifting  ................................ ................................ . 55 
85. Adaptations  ................................ ................................ ................................ ...........  55 
86. Prescribed exceptions to infringement  ................................ ................................ .. 55 
PART VII – COPYRIGHT LICENSING  ................................ ................................ ...........  55 
87. Jurisdiction of the High Court  ................................ ................................ ..............  55 
88. Procedure in proceedings before the High Court  ................................ ..................  56 
89. Interpretation  ................................ ................................ ................................ ........  56 
90. Licensing schemes to which sections 91 to 96 apply  ................................ ............  57 
91. Reference of proposed li censing scheme to High Court  ................................ ....... 58 
92. Reference of existing licensing scheme to High Court  ................................ .........  58 
93. Further reference of scheme  ................................ ................................ .................  58 
94. Application for grant of licence in  connection with licensing scheme  .................  59 
95. Application for review as to entitlement to a licence  ................................ ............  60 
96. Effect of order of Court as to licensing scheme  ................................ ....................  60 
97. Licences to which sections 98 to 101 apply  ................................ ..........................  61 
98. Reference to High Court of proposed licence  ................................ .......................  61 
99. Reference to High Court of expiring licence  ................................ ........................  62 
100. Court may review order  as to licence  ................................ ................................ ... 62 
101. Effect of order of High Court as to licence  ................................ ...........................  62 6 Cap 18 .08 Copyright Act  Laws of Saint Christopher 
and Nevis  
Revision Date: 31 Dec 2002  
102. General consideration: unreasonable discrimination  ................................ ............  63 
103. Licences for reprographic copyin g ................................ ................................ ....... 63 
104. Licences for educational establishments in respect of works included in 
broadcasts or cable programmes  ................................ ................................ ..........  64 
105. Licences to reflect conditions imposed by promoters events  ...............................  64 
106. Licences to reflect payment in respect of underlying rights  ................................ . 64 
107. Mention of the specific matters not to exclude relevant considerations  ...............  65 
PART VIII – RIGHTS IN PERFORMANC E ................................ ................................ .... 65 
108. Conferment of rights in performances ................................ ................................ .. 65 
109. Consent required for recording, etc. of performance ................................ ............  65 
110. Infringement of performer’s use of rights by record ing ................................ ....... 65 
111. Consent and royalty adaptation of recording  ................................ .......................  66 
112. Infringement of performer’s rights by importing, etc. of illicit recording  ............  66 
113. Remuneration  ................................ ................................ ................................ ....... 66 
114. Consent required for recording of performance  ................................ ...................  67 
115. Infringement of recording rights by use of recording  ................................ ..........  67 
116. Infringement of recording rights by importing, et c. illicit recording  ...................  67 
117. Permitted acts in relation to performances  ................................ ...........................  68 
118. Fair dealing for criticism, etc  ................................ ................................ ...............  68 
119. Incidental inclusion of performance or recordi ng ................................ ................  68 
120. Acts done to recording or performance for purposes of instructions  ...................  68 
121. Recording of broadcasts or cable programmes by educational establishment  ..... 69 
122. Acts done to performance or recording for Parliamentary proceedings, etc  ........  69 
123. Transfer of recording of performance in electronic form  ................................ ..... 69 
124. Use of recordings of spoken words  ................................ ................................ ...... 70 
125. Playing sound recording for charitable purposes  ................................ .................  70 
126. Incidental recording for purposes of broadcast or cable programme  ...................  71 
127. Recordings for supervision and control of pr ogrammes  ................................ ...... 71 
128. Recording of broadcast, etc. for archival purpose  ................................ ................  71 
129. Court may consent on behalf of performer  ................................ ..........................  72 
130. Duration of rights in performances  ................................ ................................ ...... 72 
131. Transmission of rights in performances  ................................ ...............................  73 
132. Consent  ................................ ................................ ................................ ................  73 
133. Infringement actionable as breach of duty  ................................ ...........................  73 
134. Order for delivery up of illicit recording in civil proceedings ..............................  74 
135. Criminal liability for making, etc. illicit recordings  ................................ .............  74 
136. Order for delivery up of illicit recording in criminal proceedings  .......................  75 
137. False representation of authority to give consent  ................................ .................  76 
PART IX – GENERAL  ................................ ................................ ................................ ...... 76 Laws of Saint Christopher 
and Nevis  Copyright Act  Cap 18.08  7 
Revision Date: 31 Dec 2002  
138. Order for disposal of infringing copy or illicit recording  ................................ ..... 76 
139. Period after which remedy or delivery up not available  ................................ ....... 77 
140. Time limit for prosecution  ................................ ................................ ....................  77 
141. Powers of the Police Force  ................................ ................................ ...................  77 
142. Restrictions on the entry and s earch of domestic premises  ................................ ... 78 
143. Obstruction of members of the Police Force  ................................ ........................  78 
144. Offences by body corporate  ................................ ................................ ..................  79 
145. Power to apply provisions of Act to other cou ntries  ................................ .............  79 
146. Denial of copyright or rights in performances  ................................ ......................  80 
147. International organisations  ................................ ................................ ....................  81 
148. Territorial waters and Exclusive Economic zone  ................................ .................  82 
149. Act applies to ships, aircraft registered in Federation  ................................ ...........  82 
150. Regulations  ................................ ................................ ................................ ...........  82 
151. Transitional provisions  ................................ ................................ .........................  82 
152. Savings ................................ ................................ ................................ ..................  83 
153. Act binds Crown  ................................ ................................ ................................ ... 83 
154. Cessation of UK Copyright Act, 1956 and repeal of Cap. 336  .............................  83 Laws of Saint Christopher 
and Nevis  Copyright Act  Cap 18.08  9 
Revision Date: 31 Dec 2002  
CHAPTER 1 8.08 
COPYRIGHT ACT  
AN ACT to provide for cop yrights and related rights and thei r protection; and 
to provide for related or incidental matters.  
PART I – PRELIMINARY  
1. Short title . 
This Act may be cited as the Copyright Act.  
2. Interpretation . 
(1) In this Act, unless the context otherwise requires,  
“adaptation” means,  
(a) in relation to a literary or dramatic work,  
 (i) a translation of the work which, in relation to a computer 
programme, includes a version of the programme in 
which it is converted into or out of a computer language 
or code or into a different computer language or code , 
otherwise than incidentally in the course of running the 
programme,  
 (ii) a version of a dramatic work in which it is converted into 
a non -dramatic work or, as the case may be, of a non -
dramatic work in which it is converted into a dramatic 
work,  
 (iii) a version of a work in which the story or action is 
conveyed wholly or mainly by means of pictures in a 
form suitable for reproduction in a book or in a 
newspaper, or similar periodical,  
(b) in relation to a musical work, an arrangement or transcription 
of the work;  
“article”, in the context of an article in a periodical, includes an item of any 
description;  
“artistic work” means  
(a) a graphic work, photograph, sculpture or collage, whether the 
work is of artistic quality or not;  
(b) a building or a model o f a building, whether the building or 
model is of artistic quality or not; or  
(c) a work of artistic craftsmanship to which neither paragraph (a) 
nor paragraph (b) applies;  10 Cap 18 .08 Copyright Act  Laws of Saint Christopher 
and Nevis  
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“author”, in relation to a work, means the person who creates it, being in 
relation  to 
(a) a literary or dramatic work, the author of the work;  
(b) a musical work, the composer;  
(c) an artistic work, other than a photograph, the artist;  
(d) a photograph, the person taking the photograph;  
(e) a sound recording or film, the person by whom the 
arrangements necessary for the making of the recording or 
film are undertaken;  
(f) the typographical arrangement of a published edition, the 
publisher;  
(g) a broadcast, the person making the broadcast as described in 
section 4(2) of this Act or, in the  case of a broadcast which 
relays another broadcast by reception and immediate re -
transmission, the person making that other broadcast;  
(h) a cable programme, the person providing the cable programme 
service in which the programme is included;  
(i) a comput er-generated literary, dramatic, musical or artistic 
work, the person by whom the arrangements necessary for the 
creation of the work are undertaken;  
“broadcast” means a transmission by wireless telegraphy of visual images or 
sounds, or both for reception by the public by any means, including 
fibre, cable or satellite which  
(a) having regard to section 4 of this Act, is capable of being 
lawfully received by members of the public; or  
(b) is transmitted for presentation to members of the public;  
“to broadcast ” means to transmit by wireless telegraphy visual images or 
sounds, or both, for reception by the public by any means, including 
fibre cable or satellite which, notwithstanding that  
(a) subsequent to the initial transmission, but before reception by 
the pu blic, the images or sounds may be carried on a path 
provided by a material substance;  
(b) the public receiving or capable of receiving the images or 
sounds is in a country other than that from which the original 
transmission took place; or  
(c) no member of  the public actually received the images or 
sounds, provided only that members of the public could, if in 
possession of suitable apparatus, receive them; and 
“broadcasting” and “re -broadcasting” shall have 
corresponding meanings;  
“building” includes a fixe d structure of any kind and a part of a building or 
fixed structure;  Laws of Saint Christopher 
and Nevis  Copyright Act  Cap 18.08  11 
Revision Date: 31 Dec 2002  
“business” includes a trade or profession;  
“cable programme” means any item included in a cable programme service 
and any reference in this Act  
(a) to the inclusion of a cable programme o r work in a cable 
programme service is a reference to its transmission as part of 
the service; and  
(b) to the person including it is a reference to the person providing 
the service;  
“cable programme service” means a service which consists wholly or mainly 
in sending visual images, sounds or other information by means of a 
telecommunications system, otherwise than by wireless telegraphy, 
for reception  
(a) at two or more places, whether for simultaneous reception or 
at different times in response to requests by different users; or  
(b) for presentation to members of the public, and which is not, or 
to the extent that it is not, excepted by regulations made under 
this Act;  
“collective work” means  
(a) a work of joint authorship; or  
(b) a work in which there are d istinct contributions by different 
authors or in which works or parts of works of different 
authors are incorporated;  
“computer -generated work” means a work generated by a computer in 
circumstances that the work has no human author;  
“computer programme” me ans a set of instructions, whether expressed in 
words or in schematic or other form, which is capable, when 
incorporated in a machine -readable medium, of causing an electronic 
or other device having information -processing capabilities to indicate, 
perform or achieve a particular function, task or result;  
“copy”, in relation to  
(a) a work that is a literary, dramatic, musical or artistic work, 
means a reproduction of the work in any material form;  
(b) an artistic work,  
 (i) means a reproduction of the work i n any material form, 
and 
 (ii) includes a reproduction in three -dimensions if the artistic 
work is a two -dimensional work and a reproduction in 
two-dimensions if the artistic work is a three -
dimensional work;  
(c) a work that is a film, television broadcast  or cable programme, 
includes a photograph of the whole or any substantial part of 12 Cap 18 .08 Copyright Act  Laws of Saint Christopher 
and Nevis  
Revision Date: 31 Dec 2002  
any image forming part of the film, broadcast or cable 
programme;  
(d) a work that is a typographical arrangement of a published 
edition, means a facsimile copy of the arrang ement; and  
(e) any description of work, includes a copy of the work that is 
transient or incidental to some other use of the work;  
“copyright” means a copyright as described by Part II of this Act;  
“country” includes any territory;  
“distribution” means the  distribution to the public, for commercial purposes 
of copies of a work by way of rental, lease, hire, loan or similar 
arrangement ; and “distributing” has a corresponding meaning;  
“dramatic work” includes a work of dance or mime;  
“educational establishmen t” means any school, college or other educational 
body designated by the Minister by Order either specifically or by 
reference to a class, for the purposes of this Act;  
“exclusive licence” means a licence in writing signed by or on behalf of the 
owner of c opyright 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 copyright;  
“exclusive recording contract ” means a contract between a performer and 
another person under which that person is entitled, to the exclusion of 
all other persons, including the performer, to make recordings of one 
or more of his or her performances with a view to their being shown 
or played in public, sold, let for hire or otherwise commercially 
exploited;  
“film” means a recording on any medium from which a moving image may 
by any means be produced;  
“future copyright” means copyright which will or may come into existence 
in respect of any future work or class of works or on the occurrence 
of a future event, and “prospective owner” shall be construed 
accordingly and, in relation to such copyright, includes a person 
prospectively entitled to the copyright by virtue of an agreement as is 
mentioned in section 24 of this Act;  
“graphic work” includes  
(a) any painting, drawing, diagram, map, chart, or plan; and  
(b) any engraving, etching, lithograph, woodcut or similar work;  
“illicit recording”, in relation to a performance, means a recording, wherever 
made, the making of which constitutes an infringement of the rights 
conferred on the performer or a person having recording rights in 
relation to the performance pursuant to Part IX of this Act, and which Laws of Saint Christopher 
and Nevis  Copyright Act  Cap 18.08  13 
Revision Date: 31 Dec 2002  
does not fall within any of the exceptions  specified in or authorised 
pursuant to any provision of that Part;  
“infringing a copy”, in relation to a protected work, means  
(a) any copy of the work, the making of which is not authorised 
under any provision of this Act;  
(b) any copy of the work that i s or is proposed to be imported into 
Saint Christopher and Nevis and its making in Saint 
Christopher and Nevis would have constituted an infringement 
of the copyright in the work in question or a breach of an 
exclusive licence agreement relating to that wo rk; 
“literary work” means any work, other than a dramatic or musical work, 
which is written, spoken or sung, and accordingly includes  
(a) a written table or compilation;  
(b) a computer programme;  
“manuscript”, in relation to a work, means the original docu ment embodying 
the work whether written by hand or not;  
“musical work” means a work consisting of music, exclusive of any words 
or action intended to be sung, spoken or performed with the music;  
“performer” means any actor, singer, musician, dancer or othe r person who 
acts, sings, depicts, delivers, declaims, plays in or otherwise 
performs, a literary, dramatic, musical or artistic work; and references 
to the performer in the context of the person having performer’s 
rights, shall be construed to include ref erences to the person who, 
pursuant to any provision of this Act, is for the time being entitled to 
exercise those rights;  
“performance”, in relation to  
(a) the rights conferred under Part IX of this Act, means  
 (i) a dramatic performance which includes da nce and mime;  
 (ii) a musical performance; or  
 (iii) a reading or recitation of a literary work;  
 (iv) a performance of a variety act or any similar 
presentation, that is, or to the extent that it is, a live 
performance, given by one or more individuals; a nd 
(b) a copyright in a literary, dramatic or musical work, includes  
 (i) delivery in the case of lectures, addresses, speeches and 
sermons;  
 (ii) any mode of visual acoustic presentation including 
presentation by means of a sound recording, film, 
broadcas t or cable programme of the work;  
“person having recording rights”, in relation to a performance, means a 
person who  14 Cap 18 .08 Copyright Act  Laws of Saint Christopher 
and Nevis  
Revision Date: 31 Dec 2002  
(a) is a party to, and has the benefit of, an exclusive recording 
contract to which the performance is subject or to whom the 
benefit of su ch a contract has been assigned; and  
(b) is a qualified person, so, however, that where a performance is 
subject to an exclusive recording contract but the person 
mentioned in paragraph (a) is not a qualified person, the 
expression shall be deemed to exten d to any qualified person 
who is licensed by the person mentioned in paragraph (a) to 
make recordings of the performance with a view to their being 
shown or played in public, sold, let for hire or otherwise 
commercially exploited, or to whom the benefit of  the licence 
is assigned;  
“photograph” means a recording of light or other radiation on any medium 
on which an image is produced or from which an image may by any 
means be produced, and which is not part of a film;  
“place of public entertainment” includes any premises which are from time 
to time made available for hire to such persons as may desire to hire 
them for purposes of public entertainment;  
“prospective owner” has the meaning assigned to it in the definition of 
“future copyright”;  
“publication” and “commercial publication” have the meaning assigned to 
those expressions, respectively, by section 3 of this Act;  
“published edition”, in relation to copyright in the typographical 
arrangement of a published edition, means the published edition of 
the whole  or any part of one or more literary, dramatic, musical or 
artistic works;  
“qualified person” means,  
(a) in the case of an individual, a person who is a citizen of, or 
whose habitual residence is in, Saint Christopher and Nevis or 
a specified country; and  
(b) in the case of a body corporate, a body incorporated or 
established under any enactment in force in Saint Christopher 
and Nevis or a specified country;  
“qualifying performance” means a performance that  
(a) is given by an individual who is a qualified p erson; or  
(b) takes place in Saint Christopher and Nevis 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, other than a soundtrack associat ed with a film, and, in 
relation to a performance, includes a film incorporating the 
performance;  Laws of Saint Christopher 
and Nevis  Copyright Act  Cap 18.08  15 
Revision Date: 31 Dec 2002  
“recording”, in relation to a performance, means a film or sound recording  
(a) made directly from the live performance;  
(b) made from a broadcast of, or cable  programme, including the 
performance; or  
(c) made directly or indirectly from another recording of the 
performance;  
“rental” means any arrangement under which a copy of a work is made 
available  
(a) for payment in money or money’s worth; or  
(b) in the cour se 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” means a process  
(a) for making facsimile copies; or  
(b) involving the use of an appliance for making multiple cop ies, 
and, in relation to a work held in electronic form, includes any 
copying by electronic means, other than the making of a film 
or sound recording;  
“sculpture” includes a cast or model made for purposes of sculpture;  
“sound recording” means  
(a) a record ing of sounds from which sounds may be reproduced; 
or 
(b) a recording of the whole or any part of a literary, dramatic or 
musical work from which sounds reproducing the work or part 
may be produced;  
regardless of the medium on which the recording is made o r the 
method by which the sounds are reproduced or produced;  
“specified country” means a country specified by the Minister by Order 
pursuant to the provisions of section 144 of this Act;  
“telecommunications system” means a system for conveying visual image s, 
sounds or other information by electronic means;  
“typeface” includes an ornamental motif used in printing;  
“unauthorised”, when used to describe any act done in relation to a work, 
means,  
(a) if copyright subsists in the work, any act done otherwise tha n 
by or with the licence of the owner of the copyright;  
(b) if copyright does not subsist in the work, any act done 
otherwise than by or with the licence of the author or person 
lawfully claiming under him or her;  16 Cap 18 .08 Copyright Act  Laws of Saint Christopher 
and Nevis  
Revision Date: 31 Dec 2002  
“wireless telegraphy” means the sending of  electromagnetic energy over 
paths not provided by a material substance constructed or arranged 
for that purpose;  
“work” means  
(a) a literary, dramatic, musical or artistic work;  
(b) a sound recording, film, broadcast or cable programme;  
(c) the typographi cal arrangement of a published edition; and  
accordingly “protected work” means a work of any of those 
categories in which copyright subsists by virtue of this Act;  
“work of joint authorship” means a work produced by the collaboration of 
two or more authors  in which the contribution of each author is not 
separate from the contribution of the other author or authors;  
“writing” includes any form of notation, whether by hand or by printing, 
typewriting or any other process, regardless of the method by which 
or the medium in or on which it is recorded, and “written” shall be 
construed accordingly.  
(2) References in this Act to the time at which, or the period during which, a 
work was made are references to the time or period at or during which it was first writte n 
down, recorded or expressed in some other material form.  
(3) A reference in this Act  
(a) to the inclusion of a cable programme or work in a cable programme 
service, is a reference to its transmission as part of the service;  
(b) to the person including a cable programme or work in cable 
programme service is a reference to the person providing the service; 
and 
(c) to the copying of a work of any description shall be construed to 
include a reference to storing the work in any medium by electronic 
means.  
(4) In determining the person vested with an author’s rights in respect of a 
literary, dramatic, musical or artistic work the following principles shall apply, that is to 
say, 
(a) if one individual was the author of the work, the rights vested in that 
individu al; 
(b) if two or more individuals are the authors of the work, the rights vest 
in them jointly; and  
(c) if there is no evidence to the contrary, the author of a work is the 
individual whose name is indicated on the work as its author.  
3. Publication . 
(1) Subject to the following provisions of this section, for the purposes of this 
Act, publication, in relation to a work, means  Laws of Saint Christopher 
and Nevis  Copyright Act  Cap 18.08  17 
Revision Date: 31 Dec 2002  
(a) the issue of copies of the work to the public whether by way of sale 
or otherwise; and  
(b) where the work is a literary, musica l, dramatic or artistic work, the 
making available of copies to the public by means of an electronic 
retrieval system.  
(2) References in this Act to the issue to the public of copies of a work are to the 
act of putting into circulation copies not previousl y put into circulation in Saint 
Christopher and Nevis or elsewhere, and not to  
(a) any subsequent distribution, sale, hiring or loan of those copies; or  
(b) any subsequent importation of those copies into Saint Christopher 
and Nevis.  
(3) Without affecting subsection (2) of this section, references in this Act to the 
issue of copies of a work in relation to sound recordings, films and computer programs, are 
to the act of issuing copies to the public by rental.  
(4) For the purposes of this Act, “commercial pu blication”, in relation to a 
literary, dramatic, musical or artistic work means  
(a) issuing copies of the work to the public at a time when copies made 
in advance of the receipt of orders are generally available to the 
public; or  
(b) making the work availa ble to the public by means of an electronic 
retrieval system.  
(5) In the case of a work of architecture in the form of a building or an artistic 
work incorporated in a building or construction of the building shall be treated as 
equivalent to publication o f the work.  
(6) The following do not constitute publication for the purposes of this Act:  
(a) in case of a literary, dramatic or musical work,  
 (i) the performance of the work, or  
 (ii) the broadcasting of the work or its inclusion in a cable 
programme ser vice otherwise than for the purposes of an 
electronic retrieval system;  
(b) in the case of an artistic work,  
 (i) the exhibition of the work;  
 (ii) the issue to the public of copies of a graphic work representing, 
or of photographs of a work of architectur e in the form of a 
building or a model for a building, a sculpture or a work of 
artistic craftsmanship;  
 (iii) the issue to the public of copies of a film including the work; or  
 (iv) the broadcasting of the work or its inclusion in a cable 
programme servi ce otherwise than for the purposes of an 
electronic retrieval system;  18 Cap 18 .08 Copyright Act  Laws of Saint Christopher 
and Nevis  
Revision Date: 31 Dec 2002  
(c) in the case of a sound recording or film  
 (i) the playing or showing of the work in public; or  
 (ii) the broadcasting of the work or its inclusion in a cable 
programme service.  
(7) A publication that is merely colourable and is not intended to satisfy the 
reasonable requirements of the public shall be disregarded for the purposes of this Act 
except in so far as it may constitute an infringement of copyright or rights conferred on 
performers or persons having recording rights or may constitute an offence under this Act.  
(8) For the purposes of this Act, a publication in Saint Christopher and Nevis or 
in another country shall not be treated as being other than the first publication by re ason 
only of an earlier publication elsewhere, if the two publications took place within a period 
of not more than thirty days.  
(9) In determining, for the purpose of any provision of this Act, whether  
(a) a work has been published;  
(b) a publication of a work was the first publication of the work; or  
(c) a work was published or otherwise dealt with in the lifetime of a 
person;  
any unauthorised publication or the doing of any other unauthorised act shall be 
disregarded.  
4. Encrypted broadcast . 
(1) In relati on to the broadcast of a work, an encrypted transmission shall be 
regarded as capable of being lawfully received by members of the public only if decoding 
equipment is made available to members of the public by or with the authority of the 
person making th e transmission or the person providing the contents of the transmission.  
(2) References in this Act to the person making a broadcast, broadcasting a 
work, or including a work in a broadcast shall be references  
(a) to the person transmitting the programme t o the extent that he or she 
has responsibility for its contents; and  
(b) to any person providing the programme if that person makes the 
necessary arrangements for the transmission of the programme with 
the person transmitting it.  
PART II – COPYRIGHT  
Protec ted Works  
5. Requirements for protection . 
(1) Unless otherwise specifically provided in this Act, no copyright shall subsist 
in any work unless it satisfies the requirements specified in this Part as respects  
(a) the category of work; and  
(b) either  Laws of Saint Christopher 
and Nevis  Copyright Act  Cap 18.08  19 
Revision Date: 31 Dec 2002  
 (i) the qualification of the author, or  
 (ii) the country or place of first publication, or in the case of a 
broadcast or cable programme, the country or place where it is 
made or from which it is sent as the case may be.  
(2) If the requirements of this Part or  of section 146 of this Act are satisfied in 
respect of a work, any copyright shall not cease to subsist by reason of any subsequent 
event.  
6. Eligible works . 
(1) A copyright is a property right which, subject to the provision of this section, 
may subsist in any of the following categories of work, that is to say,  
(a) original  
 (i) literary,  
 (ii) dramatic,  
 (iii) musical, or  
 (iv) artistic works;  
(b) sound recordings, films’ broadcasts or cable programmes;  
(c) typographical arrangements of published editio ns; 
and the copyright may subsist in a work irrespective of its quality or the purpose for which 
it was created.  
(2) A compilation of data or other material, whether in a machine -readable or 
other form, is eligible for protection as a literary work, except  that 
(a) the compilation shall only be regarded as original if, by reason of the 
selection or arrangement of its contents, the compilation constitutes 
the author’s own intellectual creation; and  
(b) the protection does not extend to any data or other mate rial forming 
part of the compilation and is without prejudice to any copyright 
subsisting in any such data or other material.  
(3) A literary, dramatic or musical work shall not be eligible for copyright 
protection unless it is recorded in writing or otherw ise, and any reference in this Act to the 
time at which a work is made is a reference to the time at which it is so recorded.  
(4) For the purposes of subsection (3), it is immaterial whether the work is 
recorded by or with the permission of the author, and  where it is not recorded by the 
author, nothing in that subsection shall affect the question whether copyright subsists in the 
record of the work as distinct from the work recorded.  
(5) Copyright shall not subsist in a sound recording or film which is, or  to the 
extent that it is, a copy taken from a previous sound recording or film.  
(6) Copyright shall not subsist in a broadcast which infringes, or to the extent 
that it infringes, the copyright in another broadcast or in a cable programme.  20 Cap 18 .08 Copyright Act  Laws of Saint Christopher 
and Nevis  
Revision Date: 31 Dec 2002  
(7) A copyright  shall not subsist in a cable programme  
(a) if it is included in a cable programme service by reception and 
immediate re -transmission of a broadcast; or  
(b) if it infringes, or to the extent that it infringes, the copyright in 
another cable programme or in  a broadcast.  
(8) A copyright shall not subsist in the typographical arrangement of a published 
edition if it, or to the extent that it, reproduces the typographical arrangement of a previous 
edition.  
(9) A copyright protection shall not extend to an idea,  concept, process, 
principle, procedure, system or discovery or things of a similar nature.  
7. Qualification for protection: author . 
(1) A work qualifies for copyright protection if the author was a qualified person 
at the material time.  
(2) A work of join t authorship qualifies for copyright protection if any of the 
authors satisfies the requirement of subsection (1) of this section, except that where a work 
qualifies for copyright protection only under this section, only those authors who satisfy 
the requi rement shall be taken into account for the purposes of sections 9 and 22 of this 
Act. 
(3) In this section, “the material time” means, in relation to  
(a) an unpublished literary, dramatic, musical or artistic work, the time 
when the work was made or, if the  work extended over a period, a 
substantial part of that period;  
(b) a published literary, dramatic, musical or artistic work, the time when 
the work was first published or, if the author had died before that 
time, the time immediately before his or her  d eath;  
(c) a sound recording or film, the time when it was made;  
(d) a broadcast, the time when the broadcast was made;  
(e) a cable programme, the time when the programme was included in a 
cable programme service;  
(f) the typographical arrangement of a publ ished edition, the time when 
the edition was first published.  
8. Qualification for protection: place of publication, etc . 
(1) A literary, dramatic, musical or artistic work, a sound recording or film, or 
the typographical arrangement of a published edition , qualifies for copyright protection if, 
having regard to section 3 of this Act, it is first published in Saint Christopher and Nevis or 
a specified country.  
(2) A broadcast qualifies for copyright protection if it is made from a place in 
Saint Christopher  and Nevis or a specified country by a broadcasting organisation in 
possession of a valid licence granted to it under any law in Saint Christopher and Nevis or 
a specified country regulating broadcasting.  Laws of Saint Christopher 
and Nevis  Copyright Act  Cap 18.08  21 
Revision Date: 31 Dec 2002  
(3) A cable programme qualifies for copyright prote ction if it is sent from a 
place in Saint Christopher and Nevis or in a specified country in accordance with the law 
in force regulating transmission by cable.  
9. Nature of copyright protection: economic and moral rights . 
(1) By virtue of and subject to th e provisions of this Act, the owner of the 
copyright in a work shall have the exclusive right to do or to authorize other persons to do 
any of the following acts in Saint Christopher and Nevis:  
(a) to copy the work;  
(b) to issue copies of the work to the p ublic;  
(c) to perform the work in public or, in the case of a sound recording, 
film, broadcast or cable programme, to play or show the work in 
public;  
(d) to broadcast the work or include it in a cable programme service; or  
(e) to make an adaptation of the  work and, in relation to such adaptation, 
to do any or all of the foregoing acts.  
(2) For the purposes of subsection (1) of this section, references to doing any act 
in relation to any work, means doing the act  
(a) in relation to the whole or any substant ial part of the work; and  
(b) either directly or indirectly;  
and it is immaterial whether any intervening acts themselves infringe copyright.  
(3) By virtue of and subject to the provisions of this Act,  
(a) the author of a literary, dramatic, musical or art istic work that is a 
protected work; or  
(b) the director of a film that is a protected work;  
shall have in respect of the work, whether or not he or she is the owner of the copyright in 
the work, the moral rights specified in Part III of this Act.  
Duration  of Copyright Protection  
10. Duration of copyright in literary, etc., works . 
(1) Subject to the provisions of this section, copyright in any literary, dramatic, 
musical or artistic work shall expire at the end of a period of fifty 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) of this section is 
unknown, copyright in that work shall expire at the end of a period of fifty years from the 
end of the calendar year in which it wa s first made available to the public, and subsection 
(1) of this section shall not apply if the identity of the author becomes known after the end 
of that period.  
(3) For the purpose of subsection (2) of this section, acts which constitute 
making available  a work to the public include,  22 Cap 18 .08 Copyright Act  Laws of Saint Christopher 
and Nevis  
Revision Date: 31 Dec 2002  
(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 pub lic or 
its inclusion in a film shown to the public or in a broadcast or cable 
programme service;  
except that in determining whether a work has been made available to the public, for the 
purpose of this subsection, any unauthorised act shall be disregarded.  
(4) The provisions of subsections (1) and (2) of this section shall not apply to 
computer -generated work, the copyright in which expires at the end of the period of fifty 
years from the end of the calendar year in which the work was made.  
(5) In relation to a work of joint authorship,  
(a) the reference in subsection (1) of this section to the death of the 
author shall be construed,  
 (i) where the identity of all the authors is known, as a reference to 
the death of the last of them to die;  
 (ii) where the i dentity 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) of this section to the identity of the 
author becoming known, shall be construed as a reference to the 
identity of any of the authors becoming known.  
(6) This section shall not apply to any copyright which subsists by virtue of 
section 146 of this Act.  
11. Duration of copyright in sound recordings  and films . 
(1) Copyright in a sound recording or film expires at the end of a period of fifty 
years from the end of the calendar year in which it was made, or where it is made available 
to the public before the end of that period, fifty years from the end  of the calendar year in 
which it is so made available.  
(2) For the purposes of subsection (1) of this section, a sound recording or film 
is made available to the public when  
(a) it is first published, broadcast or included in a cable programme 
service;  
(b) in the case of a film or film soundtrack, the film is first shown in 
public.  
(3) In determining whether a sound recording or film has been made available to 
the public, for the purposes of subsection (2) of this section, any unauthorised act shall be 
disregarded.  Laws of Saint Christopher 
and Nevis  Copyright Act  Cap 18.08  23 
Revision Date: 31 Dec 2002  
12. Duration of copyright in broadcasts and cable programmes . 
(1) Copyright in a broadcast or cable programme shall expire at the end of a 
period of fifty years from the end of the calendar year in which the broadcast was made or 
the programme wa s included in a cable programme service.  
(2) Copyright in a repeat broadcast or a repeat cable programme shall expire at 
the same time as copyright in the original broadcast or cable programme, and accordingly, 
no copyright shall arise in respect of a repe at broadcast or 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 programme.  
(3) Reference in subsection (2) of this section to a r epeat broadcast or a repeat 
programme means one which is a repeat of a broadcast previously made, or as the case 
may be, of a cable programme previously included in a cable programme service.  
13. Duration of copyright in typographical arrangements . 
Copyrig ht in a typographical arrangement of a published edition shall expire at the 
end of the period of twenty -five years from the end of the calendar year in which the 
edition was first published . 
PART III – MORAL RIGHTS AND REL ATED RIGHTS  
Identification with W ork 
14. Right to be identified as author etc.  
(1) Subject to subsection (9) of this section, and to such exceptions as may be 
specified in, or pursuant to any other provision of this Act, the author of a literary, 
dramatic, musical or artistic work that is  a protected work and the director of a film that is 
a protected work have, respectively, the right to be identified as the author or, as the case 
may be, director of the work in the circumstances specified in this section.  
(2) The author of a literary wor k, other than words intended to be sung or 
spoken with music, or a dramatic work has the right to be identified as such whenever  
(a) the work or an adaptation of the work is published commercially, 
performed in public, broadcast or included in a cable prog ramme 
service; or  
(b) copies of a film or sound recording, including the work or an 
adaptation thereof are issued to the public;  
(3) The author of a musical work or a literary work consisting of words intended 
to be sung or spoken with music, has the right  to be identified as such whenever  
(a) the work or an adaptation thereof is published commercially;  
(b) copies of a sound recording of the work or an adaptation thereof are 
issued to the public; or  
(c) a film, the soundtrack of which includes the work, is shown in public 
or copies of such film are issued to the public.  24 Cap 18 .08 Copyright Act  Laws of Saint Christopher 
and Nevis  
Revision Date: 31 Dec 2002  
(4) The author of an artistic work has the right to be identified as such whenever  
(a) the work is published commercially or exhibited in public or a visual 
image of it is broadcast or includ ed in a cable programme service;  
(b) a film including a visual image of the work is shown in public or 
copies of such a film are issued to the public; or  
(c) in the case of a work of architecture in the form of a building or a 
model for a building, a sculp ture or a work of artistic craftsmanship, 
copies of a graphic work representing it or of a photograph of it, are 
issued to the public.  
(5) In addition to the right specified in subsection (c) of subsection (4) this of 
section, the author of a work of archi tecture in the form of a building has the right to be 
identified on the building as constructed or, where more than one building is constructed to 
the design, on the first to be constructed.  
(6) The director of a film has the right to be identified as such  whenever the film 
is shown in public, broadcast or included in a cable programme service, or copies of the 
film are issued to the public.  
(7) The right of an author or director under this section is,  
(a) in the case of commercial publication or the issue to the public of 
copies of a film or sound recording, to be identified in or on each 
copy or, if that is not appropriate, in some other manner likely to 
bring his or her identity to the notice of a person acquiring a copy;  
(b) in the case of identification  on a building, to be identified by 
appropriate means visible to persons entering or approaching the 
building; and  
(c) in any other case, to be identified in a manner likely to bring his or 
her  identity to the attention of a person seeing or hearing the 
performance, exhibition, film, broadcast or cable programme in 
question;  
and the identification must, in each case, be clear and reasonably prominent.  
(8) For the purposes of this section, any reasonable form of identification may 
be used.  
(9) Except as may  otherwise be explicitly provided by contract, the right 
conferred by this section shall not apply in relation to  
(a) a computer programme, the design of a typeface or computer -
generated work;  
(b) any work made for the purpose of reporting current events;  
(c) the publication in a newspaper, magazine or similar periodical or in 
an encyclopaedia, dictionary, yearbook or other collective work of 
reference, of a literary, dramatic, musical or artistic work made for 
the purposes of such publication or made avail able with the consent 
of the author for the purposes of such publication;  Laws of Saint Christopher 
and Nevis  Copyright Act  Cap 18.08  25 
Revision Date: 31 Dec 2002  
(d) a work in which copyright originally vested in an international 
organisation by virtue of section 146 of this Act, unless the author or 
director has previously been identified as  such in or on published 
copies of the work.  
Objection to Treatment of Work  
15. Right to object to derogatory treatment of work . 
(1) Subject to subsections (2) and (3) of this section and such exceptions as may 
be specified in this section or pursuant to a ny other provision of this Act, the author of a 
literary, dramatic, musical or artistic work that is a protected work and the director of a 
film that is a protected work shall have, respectively, the right not to have the work or any 
part thereof subjected  to derogatory treatment, and such right shall be infringed by any 
person who does any of the acts specified in section 37 of this Act in the circumstances 
specified in that section.  
(2) The right referred to in subsection (1) of this section shall not app ly in 
relation to  
(a) a computer programme or to a computer -generated work;  
(b) fair dealing with any work made for the purpose of reporting current 
events;  
(c) a publication in any newspaper, magazine or similar periodical or in 
an encyclopaedia, dictiona ry, yearbook or other collective work of 
reference of a literary, dramatic, musical or artistic work made for the 
purposes of such publication, or made available with the consent of 
the author for the purposes of such publication, subject, in any 
particula r case, to any agreement excluding the operation of the 
foregoing provisions of this paragraph to that case;  
(d) any subsequent publication elsewhere of the work referred to in 
paragraph (c) of this subsection, subject to any such agreement as is 
referred to in that paragraph.  
(3) The right referred to in subsection (1) of this section shall not apply to 
anything done by or with the authority of the copyright owner in relation to works in which 
the copyright originally vested in an international organisatio n by virtue of section 146 of 
this Act unless the author or director  
(a) is identified at the time of the relevant act; or  
(b) has previously been identified in or on published copies of the work, 
and where in such a case the right does not apply, it is no t infringed if 
there is a sufficient disclaimer.  
(4) In this section,  
(a) “derogatory treatment”, in relation to a work, means any addition to, 
deletion from, alteration to or adaptation of the work not being a 
translation of a literary or dramatic work or  an arrangement or 
transcription of a musical work involving no more than a change of 
key or register which amounts to a distortion or mutilation of the 26 Cap 18 .08 Copyright Act  Laws of Saint Christopher 
and Nevis  
Revision Date: 31 Dec 2002  
work, or is otherwise prejudicial to the honour or reputation of the 
author or director, as the case ma y be; and  
(b) “sufficient disclaimer” means a clear and reasonably prominent 
indication  
 (i) given at the time of the act; and  
 (ii) if the author or director is then identified, appearing along with 
the identification;  
that the work has been subjected to treatment to which the author or director 
has not consented.  
Related Rights  
16. False attribution of work . 
(1) A person has the right  
(a) not to have a literary, dramatic, musical or artistic work falsely 
attributed to him or her  as author; and  
(b) not to  have a film falsely attributed to him or her  as director, and in 
this section, “attribution”, in relation to such work, means a 
statement, whether express or implied, as to the identity of the author 
or director.  
(2) The right conferred by subsection (1)  of this section shall be infringed in the 
circumstances specified in section 40 of this Act.  
17. Right to privacy of photographs and films . 
Subject to section 41 of this Act, a person who, for private and domestic purposes, 
commissions the taking of a pho tograph or the making of a film has, where the resulting 
work is a protected work, the right not to have  
(a) copies of the work issued to the public;  
(b) the work exhibited or shown in public; or  
(c) the work broadcast or included in a cable programme serv ice. 
Supplementary  
18. Duration of moral rights and related rights . 
(1) The rights conferred by sections 14, 15 and 17 of this Act subsist so long as 
a copyright subsists in the work.  
(2) The right conferred by section 16 of this Act subsists until the end  of a 
period of twenty years from the end of the calendar year in which the person dies.  
19. Consent and waiver of rights . 
(1) A person having a right conferred under this Part may consent to the doing 
of any act affecting such right or may waive the right . Laws of Saint Christopher 
and Nevis  Copyright Act  Cap 18.08  27 
Revision Date: 31 Dec 2002  
(2) A right to which subsection (1) of this section refers may be waived by 
instrument in writing signed by the person giving up the right, and the waiver  
(a) may relate to works generally or to a specific work or class of works 
and may relate to existin g or future works; and  
(b) may be conditional or unconditional and may be expressed to be 
subject to revocation.  
(3) Where a waiver is made in favour of the owner or prospective owner of the 
copyright in the work or works, to which it relates, it shall be presumed to extend to his or 
her  licensees and successors in title, unless a contrary intention is expressed.  
(4) Nothing in this Part shall be construed as excluding the operation of the 
general law of contract or estoppel in relation to an informal waiv er or other transaction in 
relation to any of the rights to which this Part relates.  
20. Application of provisions to joint works . 
(1) The right conferred under section 14 of this Act is, in the case of a work of 
joint authorship, a right of each joint aut hor to be identified as a joint author.  
(2) The right conferred by section 15 of this Act is, in the case of a work of joint 
authorship, a right of each joint author and his or her right is satisfied if he or she  consents 
to the treatment in question.  
(3) A waiver of rights under section 19 of this Act by one joint author shall not 
affect the rights of the other joint authors.  
(4) Subsections (1), (2) and (3) of this section shall also apply, with such 
modifications as are necessary, in relation to a film which was, or is alleged to have been, 
jointly directed as they apply to a work which is, or alleged to be, a work of joint 
authorship, and for the purpose of this subsection, a film is “jointly directed” if it is made 
by the collaboration of two or more d irectors and the contribution of each director is not 
distinct from that of the other director or directors.  
(5) The right conferred by section 17 of this Act is, in the case of a work made 
in pursuance of a joint commission, a right of each person who com missioned the making 
of the work, so that  
(a) the right of each is satisfied if he or she consents to the act in 
question; and  
(b) a waiver under section 19 by one of them shall not affect the rights of 
the others.  
21. Application of provisions to works . 
The rights conferred by  
(a) sections 14 and 17 of this Act shall apply in relation to the whole or 
any substantial part of a work; and  
(b) sections 15 and 16 of this Act shall apply in relation to the whole or 
any part of a work.  28 Cap 18 .08 Copyright Act  Laws of Saint Christopher 
and Nevis  
Revision Date: 31 Dec 2002  
PART IV – OWNERSHIP AND ASS IGNMENT OF RIGHTS  
Ownership of Copyright  
22. Ownership of copyright . 
(1) Subject to the provisions of this section, 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) Where a pr otected work is the work of an employee made during the course 
of his or her  employment, his or her employer is the first owner of any copyright in the 
work.  
(3) Subsection (1) of this section shall not apply to copyright subsisting in a 
work pursuant to section 146 of this Act.  
(4) Where a protected work is a work of joint authorship the authors thereof 
shall be co -owners of the copyright in that work.  
(5) In respect of folklore, that is to say, all literary and artistic works that  
(a) constitute a basic element of the traditional and cultural heritage of 
Saint Christopher and Nevis;  
(b) were created in Saint Christopher and Nevis by various groups of the 
community; and  
(c) survive from generation to generation;  
the rights of the author shall vest in the C rown to the same extent as if the Crown had been 
the original creator of the folklore.  
23. Assignment and licences . 
(1) Subject to the provisions of this section, copyright in a work may be 
transferred as personal or moveable property by  
(a) assignment;  
(b) testamentary disposition; or  
(c) operation of law;  
and a transfer pursuant to this section by way of assignment shall not be effective unless it 
is in writing and signed by or on behalf of the assignor.  
(2) An assignment or other transfer of copyright ma y be partial, that is to say, 
limited so as to apply  
(a) to one or more, but not all, of the things the owners of the copyright 
has the exclusive right to do;  
(b) to part, but not the whole, of the period for which copyright subsists.  
(3) A licence granted  by the owner of copyright in a work shall be binding on 
every successor in title to his or her interest in copyright except a purchaser in good faith 
for valuable consideration and without notice, actual or constructive, of the licence or a 
person derivin g title from such a purchaser, and references in this Act to doing anything 
with or without the licence of the owner of the copyright shall be construed accordingly.  Laws of Saint Christopher 
and Nevis  Copyright Act  Cap 18.08  29 
Revision Date: 31 Dec 2002  
24. Prospective ownership of copyright . 
(1) Where by an agreement made in relation to futu re copyright, 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, then, if on the coming 
into existence of the copyright the assignee o r another person claiming under him or her 
would be entitled as against all other persons to require the copyright to be vested in him 
or her, the copyright shall vest in the assignee or his or her  successor in title by virtue of 
this subsection.  
(2) A licence granted by a prospective owner of copyright is binding on every 
successor in title to his or her interest, or prospective interest, in the right, except a 
purchaser in good faith for valuable consideration and without notice, actual or 
constructive, of the licence or a person deriving title from such a purchaser, and references 
in this Act to doing anything with or without the licence of the copyright owner shall be 
construed accordingly.  
25. Rights of exclusive licensee . 
The licensee under an exclusi ve licence has the same rights against a successor in 
title who is bound by the licence as he or she has against the person granting the licence.  
26. Copyright in manuscript may pass under will . 
Where, under a bequest, whether specific or general, a person  is entitled, 
beneficially or otherwise, to  
(a) an original document or other material thing that records or embodies 
a literary, dramatic, musical or artistic work which was not published 
before the death of the testator; or  
(b) an original material thing  containing a sound recording or film which 
was not published before the death of the testator;  
then, unless a contrary intention is indicated in the testator’s will or a codicil to it, the 
bequest shall be construed as including the copyright in the work in so far as the testator 
was the owner of the copyright immediately before his or her death.  
27. Moral rights not assignable . 
The rights conferred under Part III of this Act shall not be assignable.  
28. Transmission of moral rights etc., on death . 
(1) The rights conferred by sections 14, 15 and 17 are not assignable otherwise 
than by succession.  
(2) When copyright forming part of a person’s estate passes in part to one 
person and in part to another any right which passes with the copyright by virtue of 
subsection (1) of this section shall be correspondingly divided.  
(3) Where, by virtue of subsection (1) of this section, a right becomes 
exercisable by more than one person, then  30 Cap 18 .08 Copyright Act  Laws of Saint Christopher 
and Nevis  
Revision Date: 31 Dec 2002  
(a) where the right is conferred by section 15 or 17, it is a right 
exercisable by each of them and is satisfied in relation to any of them 
if he or she consents to the treatment or act in question; and  
(b) any waiver of the right in accordance with section 19 by one of them 
shall not affect the rights of the others.  
(4) A consent or waiver previously given shall bind any person to whom a right 
passes by virtue of subsection (1) of this section.  
(5) Any infringement of the right conferred by section 16 of this Act after a 
person’s death shall be actionable by his or her personal repres entatives.  
(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 or her estate 
as if the right of action had subsisted and been vested in him or her  immediately before his 
or her death.  
PART V – INFRINGEMENT OF RIGH TS 
General Provisions  
29. Meaning of “action” . 
In this Part, “action” includes a counterclaim, and references to the plaintiff and to 
the defendant in an action shall be construed according ly. 
30. Part subject to other provisions . 
This Part shall have effect subject to such provisions of this Act as  
(a) authorise the doing of specified acts in relation to a protected work; 
or 
(b) provide for the licensing of a protected work.  
Infringement of  Copyright  
31. Acts infringing copyright . 
(1) The copyright in a work is infringed by any person who, without the licence 
of the copyright owner, does, in relation to that work, any of the acts which the copyright 
owner has the exclusive right to do pursua nt to section 9 of this Act.  
(2) Copyright in a work is infringed by a person who, without the licence of the 
copyright owner, imports into Saint Christopher and Nevis for any purpose, other than for 
his or her private and domestic use, an article which he  or she knows or has reason to 
believe is, an infringing copy of the work.  
(3) Copyright in a work is infringed by a person who, without the licence of the 
copyright owner,  
(a) possesses in the course of a business;  
(b) sells or lets for hire or offers or exposes for sale or hire;  Laws of Saint Christopher 
and Nevis  Copyright Act  Cap 18.08  31 
Revision Date: 31 Dec 2002  
(c) exhibits in public or distributes in the course of a business; or  
(d) distributes otherwise than in the course of a business, to such an 
extent as to affect prejudicially the copyright owner;  
an article which is, and which he or she  knows or has reason to believe is, an infringing 
copy of the work.  
(4) Copyright in a work is infringed by a person who, without the licence of the 
copyright owner  
(a) makes;  
(b) imports into Saint Christopher and Nevis;  
(c) possesses in the course  of a business; or  
(d) sells or lets for hire, or offers for sale or hire;  
an article specifically designed or adapted for making copies of that work, knowing or 
having reason to believe that it is to be used to make infringing copies.  
(5) Copyright in a w ork is infringed by a person who, without the licence of the 
copyright owner, transmits the work by means of a telecommunications system, otherwise 
than by broadcasting or inclusion in a cable programme service, knowing or having reason 
to believe that inf ringing copies of the work will be made by means of the reception of the 
transmission in Saint Christopher and Nevis or elsewhere.  
(6) Where the copyright in a literary, dramatic or musical work is infringed by a 
performance at a place of public entertainm ent, any person who gave permission for that 
place to be used for the performance shall also be liable for the infringement unless at the 
time he or she gave permission, he or she believed, on reasonable grounds, that the 
performance would not infringe cop yright.  
(7) Where copyright in a work is infringed by a public performance of the work 
or by the playing or showing of the work in public 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) of this section shall also be liable 
for the infringement.  
(8) The persons referred to in subsection (7) are  
(a) a person who supplied the apparatus or any substantial part of it, if 
when he or she su pplied the apparatus or part  
 (i) he or she knew or had reason to believe that the apparatus was 
likely to be used so as to infringe copyright; or  
 (ii) in the case of apparatus whose normal use involves a public 
performance, playing or showing, he or she did not believe on 
reasonable grounds that it would be used to infringe copyright;  
(b) an occupier of premises who gave permission for the apparatus to be 
brought onto the premises, if, when he or she gave permission, he or 
she knew or had reason to believ e that the apparatus was likely to be 
used to infringe copyright; and  
(c) a person who supplied a copy of a sound recording or film used to 
infringe copyright, if, when he or she supplied it, he or she knew or 32 Cap 18 .08 Copyright Act  Laws of Saint Christopher 
and Nevis  
Revision Date: 31 Dec 2002  
had reason to believe that what he or she  sup plied or a copy made 
directly or indirectly from it, was likely to be used to infringe 
copyright.  
Remedies of Copyright Owner  
32. Action by owner of copyright . 
(1) An infringement of copyright is actionable at the suit of the copyright owner, 
and subject t o the provisions of this section, in any action for such an infringement, all 
such relief by way of damages, injunction, accounts or otherwise, shall be available to the 
plaintiff as is available in respect of the infringement of other proprietary rights.  
(2) Where, in an action under this section, an infringement of copyright is 
proved or admitted the court, having regard to any benefit accruing to the defendant by 
reason of the infringement, to the flagrancy of the infringement and to all other material 
considerations, the court shall have power to award such additional damages as the court 
may consider appropriate in the circumstances.  
(3) Where in an action for infringement of copyright it is shown that at the time 
of the infringement the defendant did n ot know and had no reason to believe that copyright 
subsisted in the work to which the action relates, then the plaintiff shall not be entitled to 
damages against him or her.  
(4) Subsection (3) of this section shall not affect any other remedy available to  a 
plaintiff referred to in that subsection.  
33. Order for delivery up in civil proceedings . 
(1) Subject to the provisions of this section and section 35(6), where a person  
(a) in the course of his or her business has an infringing copy of a work 
in his or  her possession, custody or control; or  
(b) has in his or her possession, custody or control an article specifically 
designed or adapted for making copies of a particular protected work, 
knowing or having reason to believe that it has been or is being used  
to make infringing copies;  
the copyright owner may apply to the court for an order that the infringing copy or article 
be delivered up to him or her or to such other person as the court may direct.  
(2) An application under subsection (1) of this section s hall not be made after 
the end of the period specified in section 139(1), and no order shall be made unless the 
court also makes, or it appears to the court that there are grounds for making, an order 
under section 138 for the disposal of the infringing co py or article, as the may be.  
(3) A person to whom an infringing copy or other article is delivered up 
pursuant to an order made under this section shall, if an order under section 138 of this Act 
is not made, retain it pending the making of an order or th e decision not to make an order, 
under that section.  Laws of Saint Christopher 
and Nevis  Copyright Act  Cap 18.08  33 
Revision Date: 31 Dec 2002  
Remedies of Exclusive Licensee  
34. Infringement of rights of exclusive licensee . 
An exclusive licensee has, except against the copyright owner, the same rights and 
remedies in respect of matters occurrin g after the grant of the licence as if the licence had 
been an assignment.  
35. Infringement where rights are concurrent . 
(1) The rights and remedies of an exclusive licensee are concurrent with those of 
the copyright owner and references in the relevant pr ovisions of this Act to the copyright 
owner shall be construed accordingly.  
(2) In an action brought by an exclusive licensee by virtue of this section, a 
defendant may avail himself or herself of any defence which would have been available to 
him  or her if the action had been brought by the copyright owner.  
(3) Where an action for infringement of copyright is brought by the copyright 
owner or by an exclusive licensee, and the action relates, wholly or partly, to an 
infringement in respect of which they ha ve concurrent rights of action, the copyright owner 
or the exclusive licensee, as the case may be, shall not be entitled, except with the leave of 
the court, to proceed with action, unless the other party is either joined as a plaintiff in the 
action or ad ded as a defendant, but this subsection shall not affect the granting of an 
interlocutory injunction on the application of either of them.  
(4) A copyright owner or exclusive licensee who is added as a defendant in 
pursuance of subsection (3) of this sectio n shall not be liable for any costs in the action 
unless he or she takes part in the proceedings.  
(5) Where an action for infringement of copyright is brought which relates, 
wholly or partly, to an infringement in respect of which the copyright owner and a n 
exclusive licensee have or had concurrent rights of action, then, whether or not the 
copyright owner and the exclusive licensee are both parties to the action, the court  
(a) shall, in assessing damages take into account the terms of the licence 
and any p ecuniary remedy already awarded or available to either of 
them in respect of the infringement;  
(b) shall not direct an account of profits if an award of damages has been 
made or an account of profits has been directed in favour of the other 
of them in resp ect of the infringement; and  
(c) shall, if an account of profits is directed, apportion the profits 
between them as the court considers just subject to any agreement 
between them.  
(6) The copyright owner shall notify any exclusive licensee, having concurre nt 
rights before applying under section 33 of this Act for an order for the delivery up of 
infringing copies of a work, and the High Court may, on the application of the licensee, 
having regard to the terms of the licence, make such order under section 33 as it thinks fit.  34 Cap 18 .08 Copyright Act  Laws of Saint Christopher 
and Nevis  
Revision Date: 31 Dec 2002  
Infringement of Moral Rights and Related Rights  
36. Infringement of right to be identified as author or Director . 
(1) Subject to subsection (2) of this section, the right conferred by section 14 of 
this Act is infringed by a person who fa ils to identify the author of a work or the director 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 14 of this A ct in relation to a work to the extent that such acts are permitted 
under Part VI of this Act 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, fi lm, 
broadcast or cable programme;  
(b) the incidental inclusion of the work in an artistic work, sound 
recording, film, broadcast or cable programme;  
(c) the use of the work for examination purposes;  
(d) acts done for the purposes of parliamentary or judici al proceedings or 
proceedings of a statutory inquiry;  
(e) the use of design documents and models;  
(f) the use of a design derived from artistic work;  
(g) acts permitted in relation to anonymous or pseudonymous works on 
the assumption that copyright in the work has expired or that the 
author is dead.  
37. Infringement of right to object to derogatory treatment of work . 
(1) The right conferred on an author and a director by section 15 of this Act to 
object to derogatory treatment of his or her work is infringe d where the acts described in 
subsections (2), (3), (4), and (5) of this section are done in relation to that work, and for the 
purposes of this Part, “derogatory treatment” has the same meaning as that assigned to it in 
section 15(4) of this Act.  
(2) The right referred to in subsection (1) of this section is infringed in the case 
of a literary, dramatic, or musical work by a person who  
(a) publishes commercially, performs in public, broadcasts or includes in 
a cable programme service, a derogatory treatmen t of the work; or  
(b) issues to the public copies of a film or sound recording of or 
including a derogatory treatment of the work.  
(3) In the case of an artistic work, the right is infringed by a person who  
(a) publishes commercially or exhibits in public a derogatory treatment 
of the work, or broadcasts or includes in a cable programme service a 
visual image of a derogatory treatment of the work;  
(b) shows in public a film including a visual image of a derogatory 
treatment of the work or issues to the publ ic copies of such a film; or  Laws of Saint Christopher 
and Nevis  Copyright Act  Cap 18.08  35 
Revision Date: 31 Dec 2002  
(c) in the case of a work of architecture in the form of a model for a 
building or in the case of a sculpture or work of artistic 
craftsmanship, issues to the public copies of a graphic work 
representing, or of a photograph of,  a derogatory treatment of the 
work.  
(4) Subsection (3) of this section shall not apply to a work of architecture in the  
form of a building except that where the author of the work is identified on the building 
and it is the subject of derogatory treatment , he or she shall have the right to require the 
identification to be removed.  
(5) In the case of a film, the right is infringed by a person who  
(a) shows in public, broadcasts or includes in a cable programme service 
a derogatory treatment of the film; or  
(b) issues to the public copies of a derogatory treatment of the film, or 
who, along with the film, plays in public, broadcasts or includes in a 
cable programme service, or issues to the public copies of, a 
derogatory treatment of the film soundtrack.  
38. Infringement by possession of infringing article . 
(1) The right conferred by section 15 of this Act is also infringed by a person 
who 
(a) possesses in the course of a business;  
(b) sells or lets for hire or offers or exposes for sale or hire;  
(c) in the co urse of a business, exhibits in public; or  
(d) distributes otherwise than in the course of a business so as to affect 
prejudicially the honour or reputation of the author or director;  
an article which is, and which he or she knows or has reason to believe is, infringing 
article.  
(2) An “infringing article” means a work or a copy of work which  
(a) has been subjected to derogatory treatment as define in section 15 of 
this Act; and  
(b) has been or is likely to be the subject of any of the acts mentioned in 
section 37 of this Act in circumstances infringing that right.  
39. Acts that do not infringe section 15 . 
(1) The right conferred by section 15 of this Act is not infringed by any act done 
for the purpose of  
(a) avoiding the commission of an offence; or  
(b) complying with the duty imposed by or under an enactment;  
so, however, that where the author or director is identified at the time of the relevant act or 
has previously been identified in or on published copies of the work, there shall be a 
sufficient discla imer.  36 Cap 18 .08 Copyright Act  Laws of Saint Christopher 
and Nevis  
Revision Date: 31 Dec 2002  
(2) In subsection (1) of this section, “sufficient disclaimer” means a clear and 
reasonably prominent indication  
(a) given at the time of the act; and  
(b) if the author or director is then identified, appearing along with the 
identification;  
that the  work has been subjected to treatment to which the author or director has not 
consented.  
40. False attribution of work: infringement of right . 
(1) Subject to the provisions of this section, the right conferred on a person by 
section 16 of this Act not to h ave a literary, dramatic, musical or artistic work falsely 
attributed to him or her as author or a film falsely attributed to him or her as director, is 
infringed by a person who  
(a) issues to the public copies of a work of any of those descriptions in or 
on which there is a false attribution.  
(b) exhibits in public an artistic work or a copy of an artistic work in or 
on which there is a false attribution.  
(2) The right is also infringed by a person who,  
(a) in the case of a literary, dramatic or musical wo rk, performs the work 
in public, broadcasts it or includes it in a cable programme service as 
being the work of a person; or  
(b) in the case of a film, shows it in public, broadcasts it or includes it in 
a cable programme service as being directed by a per son, knowing or 
having reason to believe that the attribution is false.  
(3) The right is also infringed by any person who issues to the public or displays 
in public any material containing a false attribution in connection with any act referred to 
in subse ction (1) or (2) of this section.  
(4) The right is also infringed by a person who, in the course of a business,  
(a) possesses or deals with a copy of a work referred to in subsection (1) 
in or on which there is a false attribution; or  
(b) in the case of an  artistic work, possesses or deals with the work itself 
when there is a false attribution in or on it;  
knowing or having reason to believe that there is an attribution and that it is false.  
(5) In the case of an artistic work, the right is also infringed b y a person who, in 
the course of a business,  
(a) deals with a work which has been altered after the author parted with 
possession of it as being the unaltered work of the author; or  
(b) deals with a copy of such a work as testing a copy of the unaltered 
work of the author, knowing or having reason to believe that such is 
not the case.  Laws of Saint Christopher 
and Nevis  Copyright Act  Cap 18.08  37 
Revision Date: 31 Dec 2002  
(6) References in this section to dealing are to selling or letting for hire, offering 
or exposing for sale or hire, exhibiting in public or distributing.  
(7) This section sha ll apply where a work is falsely represented as being an 
adaptation of the work of a person as it applies where the work is falsely attributed to a 
person as author.  
41. Infringement of privacy right in photographs, etc . 
The right conferred by section 17 o f this Act in relation to a commissioned 
photograph or film is infringed by a person who does or authorises the doing of any act 
specified in that section in relation to that work, except that the right is not infringed by 
any act which, pursuant to Part I V of this Act, would not infringe copyright in the work.  
42. Effect of consent and waiver of rights . 
It shall not be an infringement of any right conferred by section 14, 15, 16 or 17 of 
this Act to do any act to which a person entitled to the right has co nsented pursuant to the 
provisions of section 19 of this Act or in respect of which he or she has given a waiver 
pursuant to the provisions of that section.  
Remedies for Infringement of Moral Rights and Related Rights  
43. Remedies for infringing moral righ ts, etc . 
(1) Any person whose right under section 14, 15, 16 or 17 of this Act is 
infringed may institute proceedings in the High Court for injunction to prevent the 
infringement, or for recovery of damages for the infringement.  
(2) The grant of an injunct ion under subsection (1) of this section shall not 
deprive a person of any damages that may be awarded to him or her for loss sustained by 
him or her as a result of the infringement of his or her right.  
(3) Where in any action an infringement of a right re ferred to  in subsection (1) 
of this section is proved or admitted, the court may, in addition to the grant of an 
injunction or the award of damages, order the defendant to publish such correction in such 
terms and in such manner as the court may direct.  
Presumptions  
44. Presumptions where action relates to literary works, etc.  
(1) This section shall apply to an action brought under this Part with respect to a 
dramatic, musical or artistic work.  
(2) Where a name purporting to be that of the author appeared o n a work when 
it was made or on copies of the work as published, it shall be presumed that the person 
whose name appeared is the author of the work and also the owner of the literary copyright 
in the work, until the contrary is proved.  
(3) Subsection (2) o f this section shall, in the case of a work alleged to be a 
work of joint authorship, apply in relation to each person alleged to be one of the authors.  38 Cap 18 .08 Copyright Act  Laws of Saint Christopher 
and Nevis  
Revision Date: 31 Dec 2002  
(4) Where no name, purporting to be that of the author, appear on a work 
referred to in subsection (2) of this section, but  
(a) pursuant to section 8(1) of this Act, the work qualifies for copyright 
protection by virtue of the country of first publication; and  
(b) a name purporting to be that of the publisher appears on the copies of 
the work as first publi shed;  
then, it shall be presumed that the person whose name appeared on the work was the owner 
of copyright at the time of publication, until the contrary is proved.  
(5) Where the author of the work is dead or where the identity of the author 
cannot be asc ertained by reasonable inquiry, it shall be presumed, until the contrary is 
proved,  
(a) that the work is an original work; and  
(b) that the plaintiff’s allegations as to what was the first publication of 
the work and as to the country of first publication are correct.  
45. Presumption where action relates to sound recording, film or computer 
programme . 
(1) This section shall apply to an action brought under this Part with respect to a 
sound recording, film or computer programme.  
(2) Where an action is brough t under this Part with respect to a sound recording, 
and copies of the recording issued to the public bear a label or other mark stating  
(a) that a named person was the owner of copyright in the recording at 
the date of issue of the copies; or  
(b) that the  recording was first published in a specified year or in a 
named country;  
then, the label or mark shall be admissible as evidence of the facts stated and be presumed 
to be correct until the contrary is proved.  
(3) Where an action is brought under this Part  with respect to a film, and copies 
of the film issued to the public bear a statement  
(a) that a named person was the author or director of the film;  
(b) that a named person was the owner of copyright in the film at the date 
of issue of the copies; or  
(c) that the film was first published in a specific year or in a named 
country;  
the statement shall be admissible as evidence of the facts stated and be presumed to be 
correct until the contrary is proved.  
(4) Where an action is brought under this Part with re spect to a computer 
programme, and copies of the programme are issued to the public in an electronic form 
bearing a statement  
(a) that a named person was the owner of copyright in the programme at 
the date of issue of the copies; or  Laws of Saint Christopher 
and Nevis  Copyright Act  Cap 18.08  39 
Revision Date: 31 Dec 2002  
(b) that the programme was first published in a named country or that 
copies of it were first issued to the public in electronic form in a 
specified year;  
the statement shall be admissible as evidence of the facts stated and presumed to be correct 
until the contrary is proved.  
(5) The presumptions specified in subsections (2), (3) and (4) of this section 
shall apply equally in an action relating to an infringement alleged to have occurred before 
the date on which the copies were issued to the public as they apply to an action rel ating to 
an infringement alleged to have occurred on or after that date.  
(6) Where an action is brought under this Part with respect to a film, and the 
film as shown in public, broadcast, or included in a cable programme service bears a 
statement  
(a) that a named person was the author or director of the film; or  
(b) that a named person was the owner of copyright in the film 
immediately after it was made;  
the statement shall be admissible as evidence of the facts stated and presumed to be correct 
until the c ontrary is proved, and the presumption shall apply equally in an action relating to 
an infringement alleged to have occurred before the date on which the film was shown in 
public, broadcast or included in a cable programme service as it applies in an actio n 
relating to an infringement alleged to have occurred on or after that date.  
Offences  
46. Penalties in respect of dealings which infringe copyright . 
(1) Any person who, at a time when copyright in a work subsists by virtue of 
this Act,  
(a) makes for sale or hire;  
(b) in the course of a business, sells or lets for hire, or offers or exposes 
for sale or hire, exhibits in public or distributes;  
(c) imports into Saint Christopher and Nevis for purposes other than his 
or her private and domestic use; or  
(d) distributes otherwise than in the course of a business to such an extent 
as to affect prejudicially the owner of the copyright;  
any article which he or she knows or has reason to be lieve is an infringing copy of that 
work, commits an offence.  
(2) A person who , at the time when copyright subsists in a work by virtue of this 
Act, makes or has in his or her possession an article specifically designed or adapted for 
making copies of that work, knowing that it is to be used for making infringing copies for 
sale or hire, or for use in the course of business, commits an offence.  
(3) Any person who causes  
(a) a literary, dramatic or musical work to be performed in public; or  40 Cap 18 .08 Copyright Act  Laws of Saint Christopher 
and Nevis  
Revision Date: 31 Dec 2002  
(b) a sound recording or film to be played or shown in public, otherwise 
than by reception of a  broadcast or cable programme;  
knowing or having reason to believe that copyright subsists in the work and that the 
performance, playing or showing, as the case may be, constitutes an infringement of the 
copyright, commits an offence.  
(4) Any person who co mmits an offence under subsection (1) of this section 
shall be liable,  
(a) on summary conviction, to a fine not exceeding fifty thousand dollars 
or imprisonment for a term not exceeding two years or both;  
(b) on conviction on indictment, to a fine not exce eding two hundred and 
fifty thousand dollars or imprisonment for a term not exceeding five 
years or both.  
(5) Any person who commits an offence under this section, other than an 
offence under subsection (1), shall be liable,  
(a) on summary conviction, to a  fine not exceeding twenty -five thousand 
dollars, or imprisonment for a term not exceeding one year or both;  
(b) on conviction on indictment, to a fine not exceeding one hundred 
thousand dollars, or imprisonment for a term not exceeding three 
years or both . 
47. Presumptions not to apply . 
The presumptions specified in sections 44 and 45 of this Act shall not apply to 
proceedings for an offence under section 46 of this Act, but without prejudice to their 
application to proceedings for an order under section 4 8. 
48. Order to deliver up in criminal proceedings . 
(1) Subject to subsection (2) of this section, the court before which proceedings 
are brought against a person for an offence under section 46 of this Act may, if it is 
satisfied that at the time of his o r her arrest or charge  
(a) he or she had in his or her possession, custody or control in the course 
of a business an infringing copy of a protected work; or  
(b) he or she had in his or her  possession, custody or control an article 
specifically designed or  adapted for making copies of a particular 
protected work knowing or having reason to believe that it had been 
or was to be used to make infringing copies;  
order that the infringing copy or article be delivered up to the copyright owner or to such 
other pe rson as the court may direct.  
(2) An order may be made by the court of its own motion on the application of 
the prosecution, and may be made whether or not the person is convicted of the offence, 
except that the court shall not make an order  
(a) after the time specified in section 138, or  Laws of Saint Christopher 
and Nevis  Copyright Act  Cap 18.08  41 
Revision Date: 31 Dec 2002  
(b) if it appears to the court unlikely that any order will be made under 
section 136.  
(3) An appeal shall lie to the Court of Appeal from an order made under this 
section by a Magistrate’s Court.  
(4) A person to whom an i nfringing copy or other article is delivered up in 
pursuance of an order under this section shall retain it pending the making of an order or 
the decision not to make an order under section 136.  
49. Application of provisions re -entry, etc. . 
For the purpose s of this Part, sections 140 and 141 of this Act shall apply in respect 
of the entry and search of any premises.  
50. Restricting importation of infringing copies . 
(1) The owner of the copyright in any published literary, dramatic or musical 
work may give n otice in writing to the Comptroller of Customs  
(a) that he or she is the owner of the copyright in the work; and  
(b) that he or she requests the Comptroller to treat as prohibited goods 
under the Customs (Control and Management) Act, Cap. 20.04  during 
a period specified in the notice printed copies of the work which 
constitute infringing copies.  
(2) The period specified in a notice given under subsection (1) of this section 
shall not exceed five years and shall not extend beyond the end of the period for wh ich the 
copyright may subsist.  
(3) The owner of the copyright in a sound recording or film may give notice in 
writing to the Comptroller of Customs  
(a) that he or she  is the owner of the copyright in the work;  
(b) that infringing copies of the work are ex pected to arrive in Saint 
Christopher at a time and a place specified in the notice; and  
(c) that he or she requests the Comptroller to treat the copies as 
prohibited goods under the Customs (Control and Management) Ac t. 
(4) Subject to subsection (5) of th is section, where a notice is given in 
accordance with this section, the importation into Saint Christopher and Nevis of goods to 
which the notice relates is prohibited, and notwithstanding anything contained in the 
Customs (Control and Management) 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 treated as 
prohibited goods by virtue of this section.  
(5) The importation of any article by a person for his or her private and domes tic 
use is not prohibited under subsection (4) of this section.  
(6) A person giving a notice under this section shall  
(a) comply with such conditions as the Comptroller of Customs may, by 
regulations, prescribe; and  42 Cap 18 .08 Copyright Act  Laws of Saint Christopher 
and Nevis  
Revision Date: 31 Dec 2002  
(b) satisfy such requirements as may be prescribed in connection with the 
giving of the notice, including requirements relating to  
 (i) the form of the notice;  
 (ii) the furnishing of evidence, whether on giving notice, or on the 
importation of the goods, or at both such times;  
 (iii) the paymen t of fees in respect of the notice;  
 (iv) the giving of security in respect of any liability or expense 
which the Comptroller may incur in consequence of the notice 
by reason of the detention of any article or anything done to an 
article detained;  
 (v) the indemnification of the Comptroller of Customs against any 
such liability or expenses, whether security has been given or 
not; and  
 (vi) any incidental or supplementary matters, and the regulations 
may make different provisions in respect of different clas ses of 
cases.  
(7) Regulations made under subsection (6) of this section shall be subject to a 
negative resolution of the National Assembly.  
PART VI – EXCEPTIONS TO INFRIN GEMENT OF COPYRIGHT  
Preliminary  
51. Definition of “sufficient acknowledgment” . 
For the  purposes of this Part, “sufficient acknowledgment” means an 
acknowledgment identifying the work in question by its title or other description and 
identifying the author, unless,  
(a) in the case of a published work, it is published anonymously or the 
autho r has agreed or required that  no acknowledgment of his or her 
name should be made ; 
(b) in the case of an unpublished work, it is not possible for a person to 
ascertain the identity of the author by reasonable inquiry.  
General Exceptions  
52. Research and p rivate study . 
Subject to section 54 of this Act, fair dealing with a literary, dramatic, musical or 
artistic 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.  
53. Criticism, review and reporting . 
(1) Subject to section 54 of this Act,  Laws of Saint Christopher 
and Nevis  Copyright Act  Cap 18.08  43 
Revision Date: 31 Dec 2002  
(a) fair dealing with a protected work for the purposes of criticism or 
review of that or another work or of a performance of a work; or  
(b) fair dealing with a p rotected work, other than a photograph, for the 
purpose of reporting current events, does not infringe copyright in the 
work so long as it is accompanied by a sufficient acknowledgment.  
(2) No acknowledgment shall be required in connection with the reporti ng of 
current events by means of a sound recording, film, broadcast or cable programme.  
54. Determining fair dealing . 
For the purpose of determining whether an act done in relation to a work constitutes 
fair dealing, the court determining the question shal l take into account all factors which 
appear to it to be relevant, including  
(a) the nature of the work in question;  
(b) the extent and substantiality of that part of the work affected by the 
act in relation to the whole of the work;  
(c) the purpose and ch aracter of the use; and  
(d) the effect of the act upon the potential market for, or the commercial 
value of, the work.  
55. Incidental inclusion of protected work . 
Copyright in a work shall not be infringed  
(a) by its incidental inclusion in an artistic wor k, sound recording film, 
broadcast or cable programme; or  
(b) by the issue to the public of copies of the playing, showing, 
broadcasting or inclusion in a cable programme service of anything 
whose making was not an infringement of copyright by virtue of 
paragraph (a) of this section;  
and for the purposes of this section, a musical work, words spoken or sung with music, or 
so much of a sound recording, broadcast or cable programme as includes a musical work 
or such words, shall not be regarded as incidentall y included if it is deliberately included.  
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 shall not be 
infringed by being copied in the course o f instruction or of preparation for instruction, if 
the copying is done by a person giving or receiving instruction and is not by means of a 
reprographic process.  
(2) Copyright in a sound recording, film, broadcast or cable programme shall 
not be infringed  by its being copied by making a film or film soundtrack in the course of 
instruction, or of preparation for instruction, in the making of films or film sound -tracks, if 
the copying is done by a person giving or receiving instruction.  44 Cap 18 .08 Copyright Act  Laws of Saint Christopher 
and Nevis  
Revision Date: 31 Dec 2002  
(3) Copyright in a wo rk shall not be 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 in a collection inte nded for use in educational establishments 
of a short passage from a published literary or dramatic work shall 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 th e publisher, as being so intended;  
(b) the work was not itself published for the use of educational 
establishments;  
(c) the collection consists mainly of material in which no copyright 
subsists; and  
(d) the inclusion is accompanied by a sufficient acknowle dgment.  
(2) Subsection (1) of this section shall 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 passag e, the reference in subsection (2) of this 
section to excerpts from works by the same author  
(a) shall be taken to include excerpts from works by him or her in 
collaboration with another; and  
(b) shall be, if the passage in question is from such a work, ta ken to 
include excerpts from works by any of the authors, whether alone or 
in collaboration with another.  
58. Recording of broadcast, etc. by educational establishments . 
(1) Subject to subsection (2) of this section, 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 
establishment for the educational purposes of that establishment without infringing the 
copyright in the broadcast or cable programme or in any work included in it.  
(2) Subs ection (1) of this section shall not apply if, or to the extent that, there is 
a licensing scheme certified pursuant to section 102 for the purposes of this section.  
59. Restriction on reprographic copying by educational establishment . 
(1) Subject to the p rovisions of this section, reprographic copies of passages 
from published literary, dramatic or musical works may be made by or on behalf of an 
educational establishment for the purposes of instruction without infringing any copyright 
in the work or in the  typographical arrangement.  
(2) Not more than five per cent of any work may be copied by or on behalf of an 
educational establishment by virtue of this section in any quarter of the year, that is to say, 
in any period commencing on 1st January to 31st Marc h, 1st April to 30th June, 1st July to 
31st September or 1st October to 31st December.  Laws of Saint Christopher 
and Nevis  Copyright Act  Cap 18.08  45 
Revision Date: 31 Dec 2002  
(3) Copying shall not be authorised by this section if, or to the extent that, 
licences are available authorising the copying in question and the person making the copie s 
knew or ought to have been aware of that fact.  
(4) Where a licence is granted to an educational establishment authorising the 
reprographic copying of passages from any published literary, dramatic or musical work, 
for use by the establishment, then, any term of that licence which purports to restrict the 
proportion of work which may be copied, whether on payment or free of charge, to less 
than that permitted under this section shall be of no effect.  
60. Subsequent dealings with authorised copies . 
(1) Wher e a copy of a work is an infringing copy if its making is not authorised 
under sections 56, 58, or 59 of this Act and the copy is subsequently dealt with, it shall be 
treated as an infringing copy for the purposes of that dealing, and, if that dealing infr inges 
copyright, for all subsequent purposes.  
(2) In subsection (1) of this section, “dealt with” means sold, or let for hire or 
offered or exposed for sale or hire.  
Exceptions affecting Libraries and Archives  
61. Interpretation of references: Regulations . 
(1) In sections 62, 63, 64, and 65 of this Act, references to the librarian or 
archivist include references to a person acting on his or her behalf.  
(2) Regulations made by the Minister for the purposes of this section may 
provide that a librarian or arch ivist who is, pursuant to sections 62 and 65 of this Act, 
required to be satisfied as to a matter before making or supplying a copy of a work  
(a) shall be entitled to rely on a declaration as to that matter, signed by 
the person requesting the copy, unless  he or she  is aware that the 
declaration is false in any material particular;  
(b) shall not, in such cases as may be prescribed, make or supply a copy 
to any person in the absence of a declaration by that person.  
(3) Where a person requesting a copy makes  a declaration that is false in a 
material particular and is supplied with a copy which would have been an infringing copy 
if made by him or her, that person shall be liable for infringement of copyright as if he or 
she  had made the copy himself or hersel f, and the copy supplied shall be treated as an 
infringing copy.  
62. Supply by librarian of copies of published work . 
(1) The librarian of a prescribed library or archive may, if the prescribed 
conditions are complied with, make and supply  
(a) a copy of an  article in a periodical; or  
(b) from a published edition, a copy of part of a literary, dramatic or 
musical work, not being an article in a periodical;  46 Cap 18 .08 Copyright Act  Laws of Saint Christopher 
and Nevis  
Revision Date: 31 Dec 2002  
without infringing any copyright subsisting in the text of the article or in the work, as the 
case may be, or in any illustrations accompanying the article or work, or in the 
typographical arrangement of the article or work.  
(2) The conditions prescribed pursuant to subsection (1) of this section shall 
include the following, that is to say,  
(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) that no person shall be furnished, in relation to an article, with more 
than one c opy of the same article or with copies of more than one 
article contained in the same issue of a periodical;  
(c) in relation to a work referred to in subsection (1)(b) of this section, no 
person shall be furnished with more than one copy of the same 
materi al or of a copy more than a reasonable proportion of any work; 
and 
(d) that persons to whom copies are supplied are required to pay for them 
a sum not less than the cost including a contribution to the general 
expenses of the library attributable to their production.  
63. Supply of copies to other libraries . 
(1) The librarian of a prescribed library or archive may, if the prescribed 
conditions are complied with, make and supply to another prescribed library or archive a 
copy of  
(a) an article in a periodical ; or 
(b) the whole or part of a published edition of a literary, dramatic or 
musical work;  
without infringing any copyright in the text of the article or the work, or in any illustrations 
accompanying the article or work, or, in the case of a published edi tion, in the 
typographical arrangement.  
(2) Subsection (1)(b) of this section shall not apply if, at the time the copy is 
made, the librarian making it knows or could, by reasonable inquiry, ascertain the name 
and address of a person entitled to authorise the making of the copy.  
64. Replacing copies of works . 
(1) The librarian of a prescribed library or archive may, if the prescribed 
conditions are complied with, make a copy from any item in the permanent collection of 
the library or archive for the purpose  of 
(a) preserving or replacing the item by placing the copy in such 
permanent collection in addition to or in place of the item;  
(b) replacing in the permanent collection of another prescribed library or 
archive an item which has been lost, destroyed or d amaged;  Laws of Saint Christopher 
and Nevis  Copyright Act  Cap 18.08  47 
Revision Date: 31 Dec 2002  
without infringing the copyright in any literary, dramatic or musical work, in any 
illustrations accompanying such a work, or, in the case of a published edition, in the 
typographical arrangement.  
(2) The prescribed conditions referred to in subsec tion (1) of this section shall 
include provisions restricting the making of copies to cases where it is not reasonably 
practicable to purchase a copy of the item in question for the purpose.  
65. Copying of unpublished work . 
(1) Subject to subsection (2) of  this section, the librarian of a prescribed library 
or archive may, if the prescribed conditions 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 without infri nging any copyright in the work or in any illustrations accompanying 
it. 
(2) Subsection (1) of this section shall not apply where  
(a) the work is published before the document is deposited in the library 
or archive; or  
(b) the copyright owner has prohibite d copying of the work;  
and at the time of the making of the copy the librarian ought to have been aware of that 
fact. 
(3) The prescribed conditions referred to in subsection (1) of this section shall 
include the following, that is to say,  
(a) that copies a re supplied only to persons satisfying the librarian that 
they require them for purposes of research or private study and will 
not use them for any other purpose;  
(b) that no person is furnished with more than one copy of the same 
material; and  
(c) that pe rsons to whom copies are supplied are required to pay for them 
a sum not less than the cost, including a contribution to the general 
expenses of the library or archive, attributable to their production.  
Exceptions Relating to Public Administration  
66. Parliamentary and judicial proceedings and statutory inquiries . 
(1) Copyright in a work shall not be infringed by anything done for the purposes 
of parliamentary or judicial proceedings, or, subject to subsection (3) of this section, for 
the purposes of report ing the proceedings.  
(2) Copyright in a work shall not be infringed by anything done for the purposes 
of the proceedings of a statutory inquiry, or, subject to subsection (3) of this section, for 
the purposes of reporting any of those proceedings held in p ublic.  
(3) Subsections (1) and (2) of this section relating to the reporting of 
proceedings shall not be construed as authorising the copying of a work which is itself a 
published report of the proceedings.  48 Cap 18 .08 Copyright Act  Laws of Saint Christopher 
and Nevis  
Revision Date: 31 Dec 2002  
(4) Copyright in a work shall not be infringed by  the issue to the public of 
copies of the report of a statutory inquiry containing the work or material from it.  
(5) In this section, “statutory inquiry” means an inquiry held or investigation 
conducted in pursuance of a duty imposed or power conferred by or under an enactment.  
67. Public records . 
Where any protected work or a reproduction of that work is comprised in a public 
record pursuant to any enactment which is, by virtue of that enactment open to public 
inspection, the copyright in the work shall no t be infringed by the making or supplying to 
any person of any copy of the work by or under the direction of any officer appointed or 
acting under the authority of the enactment.  
Designs  
68. Design documents and models . 
(1) It shall not be an infringement of any copyright in a design, document or in a 
model that records or embodies a design for anything, except an artistic work or a typeface 
to make an article to the design or to copy an article made to the design.  
(2) It shall not be 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 is, 
by virtue of subsection (1) of this section, not an infringement of that copyright.  
(3) In this section,  
“design” means the de sign of any aspect of the shape or configuration, 
whether internal or external, of the whole or part of an article, other 
than surface decoration; and  
“design document” means any record of a design, whether in the form of a 
drawing, a written description, a photograph, data stored in a 
computer or otherwise.  
69. Where design derived from artistic work is exploited by owner, etc.  
(1) Where an artistic work has been exploited by or with the licence of the 
copyright owner by  
(a) making industrial process artic les falling to be treated under this Act 
as copies of the work; and  
(b) marketing such articles in Saint Christopher and Nevis or elsewhere;  
then, after the end of the period of twenty -five years from the end of the calendar year in 
which such articles are  first marketed, a person may without infringing copyright in the 
work, copy the work by making articles of any description or by doing anything for the 
purpose of making articles of any description, or by doing anything in relation to articles 
so made.  
(2) Where only part of an artistic work is exploited in the manner described in 
subsection (1) of this section, then, the provisions of that subsection shall apply only in 
relation to that part.  Laws of Saint Christopher 
and Nevis  Copyright Act  Cap 18.08  49 
Revision Date: 31 Dec 2002  
(3) The Minister may, by Order, make provision  
(a) as to the ci rcumstances in which an article or any description of 
article is to be regarded for the purposes of this section as made by an 
industrial process;  
(b) excluding from the operation of this section such articles of a 
primarily literary or artistic character as he or she thinks fit.  
(4) In this section,  
(a) references to articles shall not include films; and  
(b) references to the marketing of an article shall be references to its 
being sold or let for hire or offered or exposed for sale or hire.  
Exception Rela ting to Works in Electronic Form  
70. Transfer of works in electronic form . 
(1) Where a work in electronic form is purchased on terms which impliedly, 
expressly or impliedly, or by virtue of any rule of law, allow the purchaser to copy the 
work or to adapt it or to make copies of an adaptation in connection with his or her use  of 
it, then, in the absence of any express terms  
(a) prohibiting the transfer of the copy by the purchaser, imposing 
obligations which continue after a transfer or prohibiting the 
assignment of any licence or terminating any licence on a transfer; or  
(b) providing for the terms on which a transferee may do the things 
which the purchaser was permitted to do;  
anything which the purchaser was allowed to do may also be done by a transferee without 
infringement of the copyright.  
(2) Any copy, adaptation or copy of an adaptation made by the purchaser which 
is not also transferred after the transfer, shall be treated as an infringing copy for all 
purposes.  
(3) Subsections (1) and (2) of this se ction shall 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 shall apply also on a subsequent transfer, with the substitution 
for references in subsection (2) of this section to the purchaser of references to the 
subsequent transferor.  
Miscellaneous Exceptions Relating to Literary, Dramatic, Musical  
and Artistic Works  
71. Anonymous and pseudonymous literary etc. works . 
(1) Copyright in a literary, dramatic, musical or artistic work shall not be 
infringed by an act done at a time, or in pursuance of an arrangement made at a time, when  50 Cap 18 .08 Copyright Act  Laws of Saint Christopher 
and Nevis  
Revision Date: 31 Dec 2002  
(a) it is not possible by reasonable inquiry to ascertain the identity of the 
author; and  
(b) it is reasonable to assume  
 (i) that the cop yright has expired; or  
 (ii) that the author died fifty years or more before the beginning of 
the calendar year in which the act is done or the arrangements 
are made.  
(2) Subsection (1)(b)(ii) of this section shall not apply in relation to a work in 
which copyright originally vested in an international organisation by virtue of section 146 
of this Act and in respect of which an order under that section specifies a copyright period 
longer than fifty years.  
(3) In relation to a work of joint authorship,  
(a) the reference in subsection (1) of this section to its being possible to 
ascertain the identity of the author shall be construed as reference to 
its being possible to ascertain the identity of any of the authors; and  
(b) the reference in subsection (1)(b)(i i) of this section to the author 
having died shall be construed as a reference to all the authors having 
died.  
72. Use of notes of recordings of spoken words . 
(1) Where a record of spoken words is made, in writing or otherwise, for the 
purpose of  
(a) repor ting current events; or  
(b) broadcasting or including in a cable programme service the whole or 
part of the work;  
it shall not be an infringement of any copyright in the words as a literary work to use the 
record or material taken from it or to copy the re cord or material and use the copy for that 
purpose, if the conditions specified in subsection (2) of this section are satisfied.  
(2) The conditions referred to in subsection (1) of this section are that  
(a) the record is a direct record of the spoken words  and is not taken from 
a previous record or from a broadcast or cable programme;  
(b) the making of the record was not prohibited by the speaker and, 
where copyright already subsisted in the work, did not infringe 
copyright;  
(c) the use made of the record o r material taken from it is not of a kind 
prohibited by or on behalf of the speaker or copyright owner before 
the record was made; and  
(d) the use is by or with the authority of a person who is lawfully in 
possession of the record.  Laws of Saint Christopher 
and Nevis  Copyright Act  Cap 18.08  51 
Revision Date: 31 Dec 2002  
73. Reading or recitatio n in public . 
(1) The reading or recitation in public of any reasonable extract from a 
published literary or dramatic work shall not be an infringement of copyright in the work, 
if accompanied by a sufficient acknowledgment.  
(2) Copyright in a work shall no t be 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) of this section, does not infringe copyright in 
the work.  
74. Representation of artistic works on public display . 
(1) This section shall apply to  
(a) buildings; and  
(b) sculptures, models of buildings and works of artistic craftsmanship, if 
permanently situated in a public place or in premises open to the 
public.  
(2) The copyright in the work referred to in subsection (1) of this section shall 
not be infringed by  
(a) making a graphic work representing it;  
(b) making a photograph or film of it;  
(c) broadcasting or including in a cable programme service a visual 
image of it; or  
(d) the issue to the public of copies, or the broadcasting or inclusion in a 
cable programme service, of anything whose making was, by virtue 
of this section, not an infringement of copyright.  
75. Reconstruction of buildings . 
Anything done for the purposes of recon structing a building shall not infringe any 
copyright in the building or in any drawings or plans in accordance with which the 
building was constructed by or with the licence of the copyright owner.  
76. Subsequent work by same artist . 
Where the author of a n artistic work is not the copyright owner, he or she shall not 
infringe the copyright in the work by copying it in making another artistic work, if he or 
she does not repeat or imitate the main design of the earlier work.  
Miscellaneous Exceptions Relating  to Sound Recordings, Films  
and Computer Programmes  
77. Making etc. of recordings of musical work previously made or imported work . 
(1) Where sound recordings of a musical work and accompanying words, if any, 
have, with the licence or consent of the owner  of the copyright in the work, been 
previously made in or imported into Saint Christopher and Nevis for the purposes of retail 52 Cap 18 .08 Copyright Act  Laws of Saint Christopher 
and Nevis  
Revision Date: 31 Dec 2002  
sale, then, any person may, after the expiry of the manufacture in, or importation into, 
Saint Christopher and Nevis of the recor dings, and without first obtaining the consent or 
licence of the owner of the copyright in the work, make or authorise the making of sound 
recordings of it if the person  
(a) intends to sell the recordings by retail, or to supply them for the 
purpose of bei ng sold by retail by another person, or intends to use 
them for making other sound recordings which are to be sold or 
supplied;  
(b) pays royalties calculated at the prescribed rate; and  
(c) complies with such conditions relating to notice, method and time of 
payment, administration of royalties paid and other matters, as may 
be prescribed.  
(2) Any person who makes or authorises the making of sound recordings 
pursuant to subsection (1) of this section shall not make or authorise the making of any 
alterations  in, or omissions from, the work unless sound recordings of that work containing 
similar alterations or omissions have been previously made by or with the licence or 
consent of the owner of the copyright or unless the alterations or omissions are reasonabl y 
necessary for the adaptation of the work to the sound recording in question.  
78. Licensed rental of sound recordings, etc . 
(1) The Minister may, by Order, provide that in such cases as may be specified 
in the Order, the rental to the public of copies of sound recordings, films or computer 
programmes shall be treated as licensed by the copyright owner subject only to the 
payment of such reasonable royalty or other payment as may be agreed or determined in 
default of agreement except that an Order made unde r subsection (1) shall be subject to 
negative resolution of the National Assembly.  
(2) An Order made under subsection (1) of this section shall not apply if, there 
is a licensing scheme certified under section 102 of this Act for the purposes of this secti on 
providing for the grant of licences.  
(3) An Order made under subsection (1) of this section may make different 
provisions for different cases and may specify cases by reference to any factor relating to 
the work, the copies rented, the person renting or  the circumstances of the rental.  
(4) Copyright in a computer programme shall not be infringed by the rental of 
copies to the public after the end of the period of fifty years from the end of the calendar 
year in which copies of it were first issued to the  public in electronic form.  
(5) Nothing in this section shall affect any liability under section 31 of this Act 
in respect of the rental of infringing copies.  
79. Playing of sound recording for purposes of charitable organisation . 
It shall not be an infrin gement of the copyright in a sound recording to play it as 
part of the activities of, or for the benefit of, a club, society or other organisation if  Laws of Saint Christopher 
and Nevis  Copyright Act  Cap 18.08  53 
Revision Date: 31 Dec 2002  
(a) the organisation is not established or conducted for profit and its 
objects are charitable or are othe rwise concerned with the 
advancement of religion, education or social welfare; and  
(b) the proceeds of any charge for admission to the place where the 
recording is to be heard are applied solely for the purposes of the 
organisation.  
Miscellaneous Exception s Respecting Broadcasts and Cable Programmes  
80. Incidental recording for purposes of broadcast or cable programme . 
(1) This section shall apply where, by virtue of a licence or assignment of 
copyright, a person is authorised to broadcast from a place in S aint Christopher and Nevis 
or a specified country, or to include in a cable programme service sent from Saint 
Christopher and Nevis or a specified country  
(a) a literary, dramatic or musical work, or an adaptation of the work;  
(b) an artistic work; or  
(c) a sound recording or film.  
(2) The person referred to in subsection (1) of this section shall, by virtue of this 
section, be treated as licensed by the owner of the copyright in the work to do or authorise 
any of the following for the purposes of the broad cast or cable programme,  
(a) in the case of a literary, dramatic or musical work or an adaptation of 
the work, to make a sound recording or film of the work or 
adaptation;  
(b) in the case of an artistic work, to take a photograph or make a film of 
the work ; 
(c) in the case of a sound recording or film, to make a copy of it.  
(3) A licence referred to under subsection (2) of this section shall be subject to 
the following conditions, that is to say,  
(a) the recording, film, photograph or copy in question shall  not be used 
for any other purpose; and  
(b) the recording, film, photograph or copy shall be destroyed within 
twenty -eight days of being first used for broadcasting the work or, 
including it in a cable programme service.  
(4) A recording, film, photograph o r copy made in accordance with this section 
shall be treated as an infringing copy if it is used for any purpose that is in breach of the 
condition specified in subsection (3) of this section.  
81. Recording of broadcasts for programme control . 
(1) Copyrigh t shall not be infringed by the making or use by a prescribed 
broadcasting organisation, for the purpose of maintaining supervision and control over 
programmes and advertisements broadcast by that organisation, of recordings of those 
programmes and adverti sements.  54 Cap 18 .08 Copyright Act  Laws of Saint Christopher 
and Nevis  
Revision Date: 31 Dec 2002  
(2) Copyright shall not be infringed by the making or use by a prescribed 
broadcasting organisation of recordings of programmes in connection with and for the 
purpose of carrying out its functions under the Telecommunications Act, Cap. 16.05. . 
82. 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 infringing any copyr ight in the broadcast or cable 
programme or in any work included in it.  
(2) For the purposes of this Act, a recording referred to in subsection (1) of this 
subsection shall not infringe copyright in the broadcast or cable programme or in any work 
included in it. 
(3) For the purposes of subsection (1) of this section, the Minister shall not 
designate a body unless he or she is satisfied that it is not established or conducted for 
profit.  
83. Reception and re -transmission of broadcast in cable programme servi ce. 
(1) Where a literary, dramatic or musical work or film is broadcast with the 
licence of the copyright owner from a place in Saint Christopher and Nevis or a specified 
country, any person may, without obtaining the licence of the copyright owner, incorp orate 
the work by means of the reception of the broadcast in a cable programme service.  
(2) Subsection (1) of this section shall apply only where  
(a) the transmission by the cable programme service takes place 
simultaneously with the reception of the broad cast; 
(b) the programme in which the literary, dramatic or musical work or 
film is incorporated is transmitted without alteration of any kind.  
(3) The copyright owner referred to in subsection (1) of this section shall be 
entitled to receive, from the pers on providing the cable programme service, equitable 
remuneration in respect of the transmission.  
(4) Where the copyright owner referred to in subsection (1) of this section and 
the person who incorporates the work pursuant to that subsection cannot agree o n the 
remuneration referred to in subsection (3), the remuneration shall be determined by 
arbitration.  
(5) For the purposes of this subsection,  
(a) an alteration to a programme includes an addition to the programme 
of new material not contained in the prog ramme as broadcast, or an 
omission from the transmission of any material contained in the 
programme as broadcast; and  
(b) “material” includes a commercial advertisement.  Laws of Saint Christopher 
and Nevis  Copyright Act  Cap 18.08  55 
Revision Date: 31 Dec 2002  
84. Recording for purpose of time -shifting . 
Where a recording of a broadcast or cable programme is made for private and 
domestic use solely for the purpose of enabling it to be viewed or listened to at a more 
convenient time, the recording shall not infringe any copyright in the broadcast or cable 
programme or in any work included in it.  
Adaptations  
85. Adaptations . 
An act which by virtue of this Part may be done without infringing copyright in a 
literary, dramatic or musical work shall not, where that work is an adaptation, infringe any 
copyright in the work from which the adaptation was ma de. 
Prescribed Exceptions  
86. Prescribed exceptions to infringement . 
(1) Subject to the provisions of this section, the Minister may, by Order subject 
to negative resolution of the National Assembly, provide that the copyright in a work of 
the description or category specified in the Order shall not be infringed where, in relation 
to the work, the acts that are specified in the Order are done in the circumstances so 
specified.  
(2) The Minister shall not make an Order under subsection (1) of this section 
unless he or she is satisfied that the acts specified in the Order in relation to the work  
(a) are necessary in the public interest in connection with an event of 
national importance;  
(b) would not conflict with the normal exploitation of the work; and  
(c) would not unreasonably prejudice the legitimate interest of the owner 
of the copyright in the work.  
(3) An Order made under subsection (1) of this section shall make provision for 
the payment of equitable remuneration to the copyright owner to be determined,  in default 
of agreement, by arbitration, and the Order may contain such consequential, supplemental 
or ancillary provisions as appear to the Minister to be necessary or expedient for the 
purpose of giving effect to the Order.  
PART VII – COPYRIGHT LICENSIN G 
Licensing Schemes and Licensing Bodies  
87. Jurisdiction of the High Court . 
Subject to this Act the High Court shall have jurisdiction  
(a) to determine any dispute which may be referred to it pursuant to any 
provision of this Part;  56 Cap 18 .08 Copyright Act  Laws of Saint Christopher 
and Nevis  
Revision Date: 31 Dec 2002  
(b) to fix the amount o f equitable remuneration or compensation which 
any provision of this Act requires to be fixed by the High Court, in 
any case where there has been no agreement between a person and 
the owner of the copyright as to the amount of remuneration or 
compensation payable in respect of the use of the work or 
performance;  
(c) to grant consent on behalf of a performance pursuant to section 129 
of this Act . 
88. Procedure in proceedings before the High Court . 
(1) The procedure regulating the making of references and app lications to the 
High Court and proceedings before the High Court arising out of the jurisdiction conferred 
on the High Court by this Part, as to the fees chargeable in respect of those proceedings, 
shall be prescribed by rules of court.  
(2) The High Court  may order that the costs or expenses of any proceedings 
before it under this Part which are incurred by any party shall be paid by any other party 
and may tax or settle the amount of any costs or expenses to be paid under the order or 
direct in what manne r they are to be taxed.  
(3) Where  
(a) the High Court makes an order by way of determination of a dispute 
referred to it pursuant to this Part, the High Court may direct that the 
order shall have effect retroactively to such date as the Court 
specifies, exc ept that no order shall have effect from a date prior to 
the date on which the dispute was formally referred to the High 
Court;  
(b) the High Court fixes an amount of equitable remuneration or 
compensation pursuant to section 87(b) of this Act, the Court ma y 
also give directions as to the method and time of payment and may 
stipulate such other conditions of payment as it considers reasonable.  
89. Interpretation . 
(1) In this Part,  
“licence” means any licence that is issued or offered by a licensing body 
autho rising, in relation to works in which copyright subsists, the 
doing of any of the acts restricted by copyright;  
“licensing body” means a society or other organisation which has as its main 
object or one of its main objects, the negotiation or granting, eit her as 
owner or prospective owner of copyright or as agent for him or her, 
of licences, and whose objects include the granting of licences 
covering works of more than one author;  
“licensing scheme” means a scheme setting out  
(a) the classes of case in whic h the operator of the scheme, or the person 
on whose behalf he or she acts, is willing to grant licences; and  Laws of Saint Christopher 
and Nevis  Copyright Act  Cap 18.08  57 
Revision Date: 31 Dec 2002  
(b) the terms on which licences would be granted in those classes of 
cases;  
“scheme” includes anything in the nature of a scheme, whether describe d as 
a scheme or as a tariff or by any other name.  
(2) References in this Part to licences or licensing schemes covering works of 
more than one author do not include licences or schemes covering only  
(a) a single collective work or collective works of whic h the authors are 
the same; or  
(b) works made by, or by employees commissioned by a single 
individual, firm, company, or group of companies.  
(3) For the purposes of subsection (2), “group”, in relation to a company, means 
that company and  
(a) any other com pany which is its holding company or subsidiary 
company;  
(b) any other company that is a subsidiary of the holding company;  
(c) any company which directly or indirectly controls or is controlled by 
any company referred to in paragraph (a) or (b) of this su bsection; 
and 
(d) any company which is controlled by a person who directly or 
indirectly controls a company referred to in paragraph (a), (b) or (c) 
of this subsection.  
90. Licensing schemes to which sections 91 to 96 apply . 
The provisions of sections 91, 92, 93, 94, 95 and 96 shall apply to licensing 
schemes of the following descriptions:  
(a) licensing schemes operated by licensing bodies in relation to the 
copyright in literary, dramatic, musical or artistic works or films or 
film soundtracks when accompa nying a film which cover works of 
more than one author, so far as they relate to licences for  
 (i) copying the work;  
 (ii) performing, playing or showing the work in public; or  
 (iii) broadcasting the work or including it in a cable programme 
service;  
(b) all licensing schemes in relation to the copyright in sound recordings, 
other than film soundtracks when accompanying a film, broadcasts or 
cable programmes or the typographical arrangement of published 
editions; and  
(c) all licensing schemes in relation t o the copyright in sound recordings, 
films or computer programmes so far as they relate to licences for the 
rental of copies to the public.  58 Cap 18 .08 Copyright Act  Laws of Saint Christopher 
and Nevis  
Revision Date: 31 Dec 2002  
References and Applications Respecting Licensing Schemes  
91. Reference of proposed licensing scheme to High Court . 
(1) The terms of a licensing scheme which a licensing body proposes to operate 
may be referred to the High Court by an organisation claiming to be representative of 
persons claiming that they require licences in cases of a description to which the scheme 
would apply, either generally or in relation to any description of case.  
(2) The Court shall first decide whether to entertain the reference, and may 
decline to do so on the ground that the reference is premature.  
(3) Where the Court decides to entertain the  reference it shall consider the 
matter referred and make such order, either confirming or varying the proposed scheme 
either generally or so far only as it relates to cases of the description to which the reference 
relates, as the Court may, in the circum stances, determine to be reasonable.  
(4) An order may be made under subsection (3) of this section so as to be in 
force indefinitely or for such period as the Court may determine.  
92. Reference of existing licensing scheme to High Court . 
(1) Where, during the operation of a licensing scheme, a dispute arises between 
the operator of the scheme and  
(a) the person claiming that he or she requires a licence in a case of a 
description to which the scheme applies; or  
(b) an organisation claiming to be the represe ntative of such persons;  
that person or organisation may refer the scheme to the High Court in so far as it relates to 
cases of that description.  
(2) A scheme which is referred to the High Court under this section shall remain 
in operation until proceeding s 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 to 
which the reference relates, as the Court may, in the  circumstances, determine to be 
reasonable.  
(4) The order made under subsection (3) of this section may be so as to be in 
force indefinitely or for such period as the Court may determine.  
93. Further reference of scheme . 
(1) Where the High Court on a previ ous reference of a licensing scheme referred 
to under section 91 or 92 of this Act, or under this section, made an order with respect to 
the scheme then, while the order remains in force,  
(a) the licensing body;  
(b) a person claiming that he or she require s a licence in a case of the 
description to which the order applies; or  
(c) an organisation claiming to be representative of such persons;  Laws of Saint Christopher 
and Nevis  Copyright Act  Cap 18.08  59 
Revision Date: 31 Dec 2002  
may refer the scheme again to the Court so far as it relates to cases of that description.  
(2) A licensing scheme sha ll not, except with the special leave of the Court, be 
referred again to the Court in respect of the same description of cases  
(a) within twelve months from the date of the order on the previous 
reference; or  
(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 is referred to the Court under this section shall remain in 
operation until proceedings on the reference are concluded.  
(4) The Court shall consider the matter in dispute and make such order, either 
confirming, varying or further varying the scheme so far only as it relates to cases of the 
description to which the reference relates, as the Court may, in the circumstances, 
determine to be reasonable.  
(5) The order may be made so as to be in force indefinitely or for such period as 
the Court may determine.  
94. Application for grant of licence in connection with licensing scheme . 
(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 her or procure the grant to him or her of 
a licence in accordance with the scheme, or has failed to do so within a reasonable time 
after being asked, may apply to the High Court for relief.  
(2) A person who claims, in a case excluded from a licensing scheme, that the 
licensing body either  
(a) has refused to grant him or her a licence or procure the grant to him 
or her of a licence, or has failed to do so within a reasonable time of 
being asked, and that in th e circumstances it is unreasonable that a 
licence should not be granted; or  
(b) proposes terms for a licence which are unreasonable;  
may apply to the High Court for relief.  
(3) A case shall be regarded as excluded from a licensing scheme for the 
purposes o f subsection (2) of this section if  
(a) the scheme provides for the grant of licences subject to terms 
excepting matters from the licence and the case falls within such an 
exception; or  
(b) the case is so similar to those in which licenses are granted unde r the 
scheme that it is unreasonable that it should not be dealt with in the 
same way.  
(4) If the High Court is satisfied that the claim is well -founded, it shall make an 
order declaring that, in respect of the matters specified in the order, the applicant  is entitled 
to a licence on such terms as the Court may determine to be applicable in accordance with 
the scheme or, as the case may be, to be reasonable in the circumstances.  60 Cap 18 .08 Copyright Act  Laws of Saint Christopher 
and Nevis  
Revision Date: 31 Dec 2002  
(5) The order may be made so as to be in force indefinitely or for such period as 
the Court may determine.  
95. Application for review as to entitlement to a licence . 
(1) Where the High Court makes an order under section 94 of this Act that a 
person is entitled to a licence under a licensing scheme, the licensing body or the original 
applicant may apply to the Court to review its order.  
(2) An application shall not be made, except with the special leave of the Court,  
(a) within twelve months from the date of the order, or of the decision on 
a previous application under this section; or  
(b) if the order was made so as to be in 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 d ate. 
(3) The Court shall, on an application for review, confirm or vary its order as the 
Court may determine to be reasonable having regard to the terms applicable in accordance 
with the licensing scheme or, as the case may be, the circumstances of the cas e. 
96. Effect of order of Court as to licensing scheme . 
(1) A licensing scheme which is confirmed or varied by the Court under section 
91 or 92 of this Act shall be in force, or as the case may be, remain in operation so far as it 
relates to the descriptio n of the case in respect of which the order is made, so long as the 
order remains in force.  
(2) While the order is in force, a person who, in a case of a class to which the 
order applies,  
(a) pays to the licensing body any charges payable under the scheme in 
respect of a licence covering the case in question or, if the amount 
cannot be ascertained, gives an undertaking to the operator to pay 
them when ascertained; and  
(b) complies with the other terms applicable to such a licence under the 
scheme;  
shall be in the same position as regards infringement of copyright as if he or she  had at all 
material times been the holder of a licence granted by the owner of the copyright in 
question in accordance with the scheme.  
(3) The Court may direct that the order refer red to in subsection (2) of this 
section, so far as it varies the amount of charges payable, shall have effect from a date 
before that on which it is made, not being a date earlier than the date on which the 
reference was made or, where the scheme came int o operation after the reference was 
made, not being a date earlier than the date on which the scheme came into operation.  
(4) If a direction is made under subsection (3) of this section  
(a) any necessary repayments, or further payments, shall be made in 
respect of charges already paid; and  Laws of Saint Christopher 
and Nevis  Copyright Act  Cap 18.08  61 
Revision Date: 31 Dec 2002  
(b) the reference in subsection (2)(a) of this section to the charges 
payable in accordance with the order shall be construed, where the 
order is varied by a later order, as a reference to the charges so 
payable by virtue  of the later order, except that no direction may be 
made where subsection (5) of this section applies.  
(5) Where the Court has made an order under section 94 of this Act, that is, an 
order as to entitlement to licence under a licensing scheme and the orde r remains in force, 
the person in whose favour the order is made shall, if he or she  
(a) pays to the licensing body any charges payable in accordance with 
the order or, if the amount cannot be ascertained, give an undertaking 
to pay the charges when ascert ained; and  
(b) complies with the other terms specified in the order,  
be in the same position as regards infringement of copyright as if he or she  had at all 
material times been a holder of a licence granted by the owner of the copyright in question 
on the  terms specified in the order.  
References and Applications Respecting Licences and Licensing Bodies  
97. Licences to which sections 98 to 101 apply . 
Sections 98, 99, 100, and 101, references and applications with respect to licensing 
by licensing bodies, sh all apply to the following descriptions of licences granted by a 
licensing body, otherwise than in pursuance of a licensing scheme, that is to say,  
(a) licences relating to the copyright in literary, dramatic, musical or 
artistic works or films, or film so undtracks when accompanying a 
film, which cover works of more than one author, so far as they 
authorise  
 (i) copying the work;  
 (ii) performing, playing or showing the work in public; or  
 (iii) broadcasting the work or including it in a cable programme 
service;  
(b) 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 
(c) all licences that relate to copyright  in sound recordings, films or 
computer programs so far as they relate to the rental of copies to the 
public.  
98. Reference to High Court of proposed licence . 
(1) The terms on which a licensing body proposes to grant a licence may be 
referred to the High C ourt by the prospective licensee for determination of reasonableness 
of the terms.  62 Cap 18 .08 Copyright Act  Laws of Saint Christopher 
and Nevis  
Revision Date: 31 Dec 2002  
(2) The Court shall first decide whether to entertain the reference, and may 
decline to do so on the ground that the reference is premature.  
(3) If the Court decides to ente rtain the reference it shall consider the terms of 
the proposed licence and make such order, either confirming or varying the terms, as it 
may determine to be reasonable in the circumstances.  
(4) The order may be made so as to be in force indefinitely or f or such period as 
the Court may determine.  
99. Reference to High Court of expiring licence . 
(1) A holder of a licence which is due to expire, by effluxion of time or as a 
result of a notice given by the licensing body, may apply to the High Court on the gr ound 
that it is unreasonable in the circumstances that the licence should cease to be in force.  
(2) The application referred to subsection (1) of this section shall not be made 
until the last three months before the licence is due to expire.  
(3) A licence in respect of which a reference is made to the Court under this 
section shall remain in operation until proceedings on the reference are concluded.  
(4) If the Court finds the application to be well -founded, it shall make an order 
declaring that the license e shall continue to be entitled to the benefit of the licence on such 
terms as the Court may, in the circumstances determine to be reasonable.  
(5) An order made under this section may be made so as to be in force 
indefinitely or for such period as the Cour t may determine.  
100. Court may review order as to licence . 
(1) Where the High Court makes an order under section 98 or 99 of this Act, the 
licensing body or the person entitled to the benefit of the order may apply to the Court to 
review its order.  
(2) An application referred to in subsection (1) of this section shall not be made, 
except with the special leave of the Court,  
(a) within twelve months from the date of the order or of the decision on 
a previous application under this section; or  
(b) if the ord er 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 C ourt shall, on an application for the review of the order, confirm or 
vary its order as it may determine to be reasonable in the circumstances.  
101. Effect of order of High Court as to licence . 
(1) Where the Court makes an order under section 98 or 99 of t his Act and the 
order remains in force, the person entitled to the benefit of the order shall, if he or she.  Laws of Saint Christopher 
and Nevis  Copyright Act  Cap 18.08  63 
Revision Date: 31 Dec 2002  
(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 pa y 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 or she  had at all 
material times been the holder of a licence granted by the owner of the c opyright in 
question on the terms specified in the order.  
(2) The benefit of the order made under section 98 of this Act may be assigned 
if the assignment is not prohibited under the terms of the  
(a) Court’s order; or  
(b) original licence.  
(3) The Court ma y direct that an order made under section 98 or 99 of this Act, 
or an order made under section 100 of this Act varying the order, so far as it varies the 
amount of charges payable, shall have from a date before that on which it was made, not 
being a date e arlier than the date on which the reference or application was made or, where 
a licence was granted or was due to expire after the reference was made, not being a date 
earlier than the date on which the licence was granted or, as the case may be, was due t o 
expire.  
(4) If a direction referred to in subsection (3) of this section is made  
(a) any necessary repayments or further payments shall be made in 
respect of charges already paid; and  
(b) the reference in subsection (1)(a) of this section to the charges 
payable in accordance with the order shall be construed, where the 
order is varied by a later order, as a reference to the charges so 
payable by virtue of the later order.  
Factors to be taken into account in certain classes of cases  
102. General considerat ion: unreasonable discrimination . 
In determining what is reasonable on a reference or application under this Part 
relating to a licensing scheme or licence, the High Court shall have regard to  
(a) the availability of other schemes, or the granting of other  licences, to 
other persons in similar circumstances; and  
(b) the terms of those schemes or licences;  
and shall exercise its powers so as to secure that there is no unreasonable discrimination 
between licences, or prospective licensees, under the scheme or  licence to which the 
reference or application relates and licensees under other schemes operated by, or other 
licences granted by, the same person.  
103. Licences for reprographic copying . 
Where a reference or application is made to the High Court under th is Part relating 
to the licensing of reprographic copying of published literary, dramatic, musical or artistic 64 Cap 18 .08 Copyright Act  Laws of Saint Christopher 
and Nevis  
Revision Date: 31 Dec 2002  
works, or the typographical arrangement of published editions, the Court shall have regard 
to 
(a) the extent to which published editions of the w orks in question are 
otherwise available;  
(b) the proportion of the work to be copied; and  
(c) the nature of the use to which the copies are likely to be put.  
104. Licences for educational establishments in respect of works included in 
broadcasts or cable programmes . 
(1) This section shall apply 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 includes copyright works, or making copies o f such recordings, 
for educational purposes.  
(2) The High Court shall, in considering what charges, if any, are to 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 h ave already received, or are entitled to receive, 
payment in respect of their inclusion.  
105. Licences to reflect conditions imposed by promoters events . 
(1) This section shall apply to references or applications under this Part in 
respect of licences rela ting to sound recordings, films, broadcasts or cable programmes 
which include, or are to include, any entertainment or other event.  
(2) The High Court shall have regard to any conditions imposed by the 
promoters of the entertainment or other event; and, in  particular, the Court shall not hold a 
refusal or failure to grant a licence to be unreasonable if it could not have been granted 
consistently with those conditions.  
(3) Nothing in this section shall require the Court to have regard to any 
condition in so  far as such condition  
(a) purports to regulate the charges to be imposed in respect of the grant 
of licences; or  
(b) relates to payments to be made to the promoters of any event in 
consideration of the grant of facilities for making the recording, film, 
broadcast or cable programme.  
106. Licences to reflect payment in respect of underlying rights . 
(1) In considering what charges are to be paid for a licence on a reference or 
application under this Part relating to licences for the rental to the public of c opies of 
sound recordings, films, or computer programmes, the High Court shall take into account 
any reasonable payments which the owner of the copyright in the sound recording, film or 
computer programme is liable to make in consequence of the granting of  the licence, or of 
the acts authorised by the licence, to owners of copyright in works included in that work.  
(2) On any reference or application under this Part relating to licensing in 
respect of the copyright in sound recordings, films, broadcasts or c able programmes, the Laws of Saint Christopher 
and Nevis  Copyright Act  Cap 18.08  65 
Revision Date: 31 Dec 2002  
High Court shall take into account, in considering what charges should be paid for a 
licence, any reasonable payments which the copyright owner is liable to make in 
consequence of the granting of the licence, or of the acts authorised by the licence, in 
respect of any performance included in the recording, film, broadcast or cable program.  
107. Mention of the specific matters not to exclude relevant considerations . 
The mention in sections 102, 103, 104, 105, and 106 of the specific matt ers to 
which the High Court is to have regard in certain classes of cases shall not affect the 
Court’s general obligation in any case to have regard to all relevant considerations.  
PART VIII – RIGHTS IN PERFORMANC E 
108. Conferment of rights in performances . 
(1) Subject to this Part,  
(a) a performer shall have the exclusive right to prevent any person, 
without the consent of the performer, from exploiting his or her 
performance; and  
(b) a person who has recording rights in relation to a performance, shall 
have the exclusive right to prevent any person, without his or her 
consent  from making a recording of that performance.  
(2) The rights conferred by this Part are independent of  
(a) any copyright in or moral rights relating to any work used or 
performed in th e performance; and  
(b) any other right or obligation arising otherwise than under this Part.  
Performer’s Rights  
109. Consent required for recording, etc. of performance . 
(1) A performer’s rights are infringed by a person who, without his or her 
consent,  
(a) makes, otherwise than for his or her private and domestic use, a 
record of the whole or any substantial part of a qualifying 
performance; or  
(b) broadcasts live, or includes in a cable programme service, the whole 
or any substantial part of a qualifying performance.  
(2) In an action for infringement of a performer’s rights brought by virtue of this 
section, damages shall not be awarded against a defendant who shows that at the time of 
the infringement he or she believed, on reasonable grounds, that consen t had been given.  
110. Infringement of performer’s use of rights by recording . 
A performer’s  rights are infringed by a person who, without the performer’s 
consent,  66 Cap 18 .08 Copyright Act  Laws of Saint Christopher 
and Nevis  
Revision Date: 31 Dec 2002  
(a) shows or plays in public the whole or any substantial part of a 
qualifying performance; or 
(b) broadcasts or includes in a cable programme service the whole or any 
substantial part of a qualifying performance;  
by means of a recording made without the performer’s conse nt and when that person 
knows or has reason to believe that it was so made.  
111. Consent and royalty adaptation of recording . 
(1) A performer’s rights are infringed by a person who, without his or her  
consent and payment of royalty at the prescribed rate, uses an original recording of a 
qualifying performance whether authorised o r not for the purpose of making an adaptation 
of the recording.  
(2) In subsection (1) of this section, “an adaptation of the recording” means a 
recording in which the performance is accompanied by lyrics or music not contained in the 
original recording.  
112. Infringement of performer’s rights by importing, etc. of illicit recording . 
(1) A performer’s rights are infringed by a person who, without the performer’s 
consent,  
(a) imports into Saint Christopher and Nevis, otherwise than for his or 
her private and domestic use; or  
(b) in the course of a business, possesses, sells or lets for hire, offers or 
exposes for sale or hire, or distributes;  
a recording of 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 performer’s rights brought by 
virtue of this section, a defendant shows that the illicit recording was innocently acquired 
by him or her  or a predecessor in title of his or her, the remedy in damages  available 
against him or her in respect of the infringement is an amount not exceeding a reasonable 
compensation for the act complained of.  
(3) In subsection (2) of this section, “innocently acquired” means that the person 
acquiring the recording did not know and had no reason to believe that it was an illicit 
recording.  
113. Remuneration . 
(1) Where any phonogramme, the original sound -recording of which was 
lawfully made in Saint Christopher and Nevis, is used  
(a) by way of being made available for commerc ial purposes to the 
public;  
(b) by way of a broadcast; or  
(c) by way of any other communication to the public;  Laws of Saint Christopher 
and Nevis  Copyright Act  Cap 18.08  67 
Revision Date: 31 Dec 2002  
the user of the phonogramme shall pay to the producer of the phonogramme, remuneration 
for the production and any performer whose performance con stitutes any of the aural 
effects of the phonogramme.  
(2) When more than one performer is entitled to share the remuneration paid to 
the producer under subsection (1) of this section for the performer, the amount paid by the 
producer shall be divided equal ly among those performers or in the manner and shares 
agreed among the performers.  
Rights of Person Having Recording Rights  
114. Consent required for recording of performance . 
(1) A person infringes the rights of a person having recording rights in relatio n 
to a performance who, without his or her consent, makes a recording of the whole or any 
substantial part of the performance otherwise than for his or her private and domestic use.  
(2) In an action for infringement of those rights brought by virtue of thi s section, 
damages shall not be awarded against a defendant who shows that at the time of the 
infringement he or she believed, on reasonable grounds, that consent had been given.  
115. Infringement of recording rights by use of recording . 
(1) A person infri nges the rights of a person having recording rights in relation 
to a performance if, without the consent of the person having the recording rights,  
(a) he or she shows or plays in public the whole or any substantial part of 
the performance; or  
(b) he or sh e broadcasts or includes in a cable programme 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 consent.  
(2) The reference in subsection (1) of this section to the “appropriate consent” is 
to the consent of the person who at the time the consent was given had recording rights in 
relation to the performance or, if there was more than one such person, of all of them.  
116. Infrin gement of recording rights by importing, etc. illicit recording . 
(1) A person infringes the rights of a person having recording rights in relation 
to a performance if, without the consent of the owner of the recording rights, he or she  
(a) imports into Sai nt Christopher and Nevis otherwise than for his or her 
private and domestic use; or  
(b) in the course of a business, possesses, sells or lets for hire, offers or 
exposes for sale or hire or distributes;  
a recording of the performance which is, and which th at person knows or has reason to 
believe is, an illicit recording.  
(2) Where, in an action for infringement of the rights referred to in subsection 
(1) of this section, a defendant shows that the illicit recording was innocently acquired by 
him or her or a  predecessor in title of his or her, the remedy in damages available against 68 Cap 18 .08 Copyright Act  Laws of Saint Christopher 
and Nevis  
Revision Date: 31 Dec 2002  
him or her in respect of the infringement is an amount not exceeding a reasonable payment 
in respect of the act complained of.  
(3) In subsection (2) of this section, “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  
117. Permitted acts in relation to performances . 
(1) Notwithstanding the rights in performances co nferred by this Part,  
(a) any act done in relation to a performance or recording in the 
circumstances specified in sections 117, 118, 119, 120, 121, 122, 123, 
124, 125, 126, 127 and 128 of this Act shall not constitute an 
infringement of the rights; and  
(b) the High Court may give consent on behalf of a performer in the 
circumstances specified in section 128 of this Act.  
118. Fair dealing for criticism, etc . 
Fair dealing with a performance or recording  
(a) for the purpose of criticism or review of that or a nother performance 
or recording, or of a work; or  
(b) for the purpose of reporting current events;  
shall not infringe any of the rights conferred by this Part, and the provisions of section 54 
of this Act shall, with the necessary modifications, apply in d etermining whether or not an 
act constitutes fair dealing.  
119. Incidental inclusion of performance or recording . 
(1) The rights conferred by this Part shall not be infringed  
(a) by the incidental inclusion in a sound recording, film, broadcast or 
cable pr ogramme of a performance or recording;  
(b) by anything done in relation to copies of, or the playing, showing, 
broadcasting or inclusion in a cable programme service of anything 
whose making was not an infringement of those rights by virtue of 
paragraph (a ) of this subsection.  
(2) For the purposes of this section, a performance or recording so far as it 
consists of music, or words spoken or sung with music, shall not be regarded as 
incidentally included in a sound recording, broadcast, or cable programme, i f it is 
deliberately included.  
120. Acts done to recording or performance for purposes of instructions . 
(1) The rights conferred by this Part shall not be infringed  Laws of Saint Christopher 
and Nevis  Copyright Act  Cap 18.08  69 
Revision Date: 31 Dec 2002  
(a) by the copying of a recording of a performance in the course of 
instruction, or of prep aration for instruction, in the making of films or 
film soundtracks, if the person by whom the copying is done is the 
person giving or receiving instructions;  
(b) by the copying of a recording of a performance for the purpose of 
setting or answering the qu estions in an examination; or  
(c) by anything done for the purposes of an examination by way of 
communicating the questions to the candidates.  
(2) Where a recording that would otherwise be an illicit recording is made in 
accordance with this section or sec tion 121 of this Act but is subsequently dealt with, it 
shall be treated as an illicit recording for the purposes of that dealing, and if that dealing 
infringes any right conferred by this Part, it shall be treated as an illicit recording for all 
subsequen t purposes.  
(3) For the purposes of subsection (3) of this section, “dealt with” means sold or 
let for hire, or offered or exposed for sale or hire.  
121. Recording of broadcasts or cable programmes by educational establishment . 
A recording of a broadcast o r cable programme or a copy of the recording may be 
made by or on behalf of an educational establishment for the educational purposes of that 
establishment without infringing any of the rights conferred by this Part in relation to any 
performance or record ing included in it.  
122. Acts done to performance or recording for Parliamentary proceedings, etc . 
The rights conferred by this Part are not infringed by anything done for the 
purposes of  
(a) parliamentary or judicial proceedings or the reporting of the 
proceedings; or  
(b) the proceedings of a statutory inquiry or the reporting of the 
proceedings held in public.  
123. Transfer of recording of performance in electronic form . 
(1) Where a recording of a performance in electronic form is purchased on terms 
which , expressly or impliedly or by virtue of any rule of law, allows the purchaser to make 
further recordings in connection with his or her use of the recording, then, in the absence 
of any express terms  
(a) prohibiting the transfer of the recording by the pur chaser;  
(b) imposing obligations that continue after a transfer;  
(c) prohibiting the assignment of any consent;  
(d) terminating any consent on a transfer; or  
(e) providing for the terms on which a transferee may do the things 
which the purchaser was permit ted to do;  70 Cap 18 .08 Copyright Act  Laws of Saint Christopher 
and Nevis  
Revision Date: 31 Dec 2002  
anything which the purchaser was allowed to do may also be done by a transferee without 
infringement of the rights conferred by this Part, except that any recording made by the 
purchaser which is not transferred shall be treated as an illicit re cording for all purposes 
after the transfer.  
(2) Subsection (1) of this section shall apply where the originally purchased 
recording is no longer usable and what is transferred is a further copy used in its place.  
(3) This section shall also apply on a sub sequent transfer, with the substitution 
for references in subsection (1) of this section to the purchaser of references to the 
subsequent transferor.  
(4) This section shall not apply in relation to a recording purchased before the 
commencement of this Act.  
124. Use of recordings of spoken words . 
(1) Where a recording of the reading or recitation of a literary work is made for 
the purpose of  
(a) reporting current events; or  
(b) broadcasting or including in a cable programme service the whole or 
part of the r eading or recitation;  
it is not an infringement of the rights conferred by this Part to use the recording, or to copy 
the recording and use the copy, for that purpose, if the conditions specified in subsection 
(2) of this section are met.  
(2) The condition s referred to in subsection (1) of this subsection are the 
following:  
(a) the recording should be a direct recording of the reading or recitation 
and not taken from a previous recording or from a broadcast or cable 
programme;  
(b) the making of the recordin g should not have been prohibited by or on 
behalf of the person giving the reading or recitation;  
(c) the use made of the recording should not be of a kind prohibited by or 
on behalf of that person before the recording is made; and  
(d) the use is by or wit h the authority of a person who is lawfully in 
possession of the recording.  
125. Playing sound recording for charitable purposes . 
(1) It is not an infringement of any right conferred by this Part to play a sound 
recording as part of the activities of, or f or the benefit of, a club, society or other 
organisation if  
(a) the organisation is not established or conducted for profit and its main 
objects are charitable or are otherwise concerned with the 
advancement of religion, education or social welfare; and  Laws of Saint Christopher 
and Nevis  Copyright Act  Cap 18.08  71 
Revision Date: 31 Dec 2002  
(b) the proceeds of any charge for admission to the place where the 
recording is to be heard are applied solely for the purposes of the 
organisation.  
126. Incidental recording for purposes of broadcast or cable programme . 
(1) Subject to subsection (2) of thi s section, a person who proposes to broadcast 
a recording of a performance, or to include a recording of a performance in a cable 
programme service, in circumstances not infringing the rights conferred by this Part, shall 
be treated as having consent for t he purposes of this Part for the making of a further 
recording for the purposes of the broadcast or cable programme.  
(2) The consent given under subsection (1) of this section shall be subject to the 
following conditions:  
(a) the further recording shall no t be used for any other purposes; and  
(b) the recording shall be destroyed within twenty -eight days of being 
first used for broadcasting the performance or including it in a cable 
programme service.  
(3) A recording made in accordance with this section shal l be treated as an illicit 
recording  
(a) for the purposes of any use in breach of the condition specified in 
paragraph (a) of subsection (2) of this section; and  
(b) for all purposes after that condition or the condition specified in 
paragraph (b) subsecti on (2) of this section is breached.  
127. Recordings for supervision and control of programmes . 
(1) 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 recordings of those 
programmes.  
(2) The rights conferred by this Part are not infringed  
(a) by the making or use by a prescribed broadcasting organisation for 
the purpose of maintaining superv ision and control over programmes 
broadcast by that organisation, of recordings of those programmes; or  
(b) by the making or use of recordings by the Broadcasting Authority in 
connection with and for the purpose of carrying out its functions 
under the Tele communications Act, Cap. 16.05 . 
128. Recording of broadcast, etc. for archival purpose . 
(1) A recording of a broadcast or cable programme of a designated class, or a 
copy of the recording may be made for the purpose of being placed in an archive 
maintained  by a designated body without infringing any right conferred by this Part in 
relation to a performance or recording included in the broadcast or cable programme.  
(2) In this section, the word “designated” has the meaning assigned to it in 
section 82 of thi s Act.  72 Cap 18 .08 Copyright Act  Laws of Saint Christopher 
and Nevis  
Revision Date: 31 Dec 2002  
129. Court may consent on behalf of performer . 
(1) Subject to the provisions of this section, the High Court may, on the 
application of a person who wishes to make a recording from a previous recording of a 
performance, give consent in a case where  
(a) the identity or whereabouts of a performer cannot be ascertained by 
reasonable inquiry; or  
(b) a performer unreasonably withholds his or her consent.  
(2) Consent given by the Court has effect as consent of the performer for the 
purpose of  
(a) the provi sions of this Part relating to the performer’s rights; and  
(b) paragraph (a) of subsection (3) of section 135 of this Act;  
and may be given subject to such conditions as the Court may specify in the order.  
(3) The Court shall not give consent  
(a) under sub section (1)(a) of this section, except after the service or 
publication of such notices as may be required by regulations made 
under this section or as the Court may in any particular case direct;  
(b) under paragraph (b) of subsection (1) of this section u nless it is 
satisfied that the performer’s reasons for withholding consent do not 
include the protection of any legitimate interest of his or her, but it 
shall be for the performer to show what his or her reasons are for 
withholding consent, and in default  of evidence as to his or her 
reasons the Court may draw such inferences as it thinks fit.  
(4) In any case the Court shall take into account the following factors, that is to 
say, whether the  
(a) original recording of the performance was made with the perf ormer’s 
consent and is lawfully in the possession or control of the person 
proposing to make the further recording;  
(b) making of the further recording is consistent with the obligations of 
the parties to the arrangements under which, or is otherwise 
consi stent with the purposes for which, the original recording of the 
performance was made.  
(5) Where the Court gives consent under this section it shall, in default of 
agreement between the applicant and the performer, make such order as it thinks fit as to 
payment to be made to the performer in consideration of consent being given.  
Duration and Transmission of Rights in Performances: Consent  
130. Duration of rights in performances . 
The rights conferred by this Part in respect of a performance shall exist for f ifty 
years from the end of the calendar year in which the performance occurred.  Laws of Saint Christopher 
and Nevis  Copyright Act  Cap 18.08  73 
Revision Date: 31 Dec 2002  
131. Transmission of rights in performances . 
(1) The rights conferred by this Part are not assignable or transmissible, except 
to the extent that performer’s rights are transmi ssible as provided in this section.  
(2) On the death of a person entitled to performer’s rights  
(a) the rights shall pass to that person as he or she may, by testamentary 
disposition, specifically direct; and  
(b) if, or to the extent that there is no such direction, the rights shall be 
exercisable by his or her personal representative.  
(3) References in this Part to the performer, in the context of the person having 
performer’s rights, shall be construed as references to the person for the time being entitl ed 
to exercise those rights.  
(4) Where by virtue of subsection (2)(a) of this section a right becomes 
exercisable by more than one person, it shall be exercisable by each of them independently 
of the others.  
(5) Subsections (1), (2) and (3) of this section  shall be without prejudice to any 
rights conferred by this Act on a person who has been assigned the benefit of an exclusive 
recording contract or licence to make recordings of a performance.  
(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 or her estate 
as if the right of action had subsisted and been vested in him or her immediately before his 
or her death.  
132. Consent . 
(1) Consent, for the p urposes 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 shall be boun d by any 
prior consent given by a person through whom the first -mentioned person derives his or 
her rights under the exclusive recording contract or licence in question, in the same way as 
if the consent had been given by the first -mentioned person.  
(3) Where a right conferred by this Part passes to another person, any consent 
binding on the person previously entitled shall bind the person to whom the right passes in 
the same way as if the consent had been given by the person to whom the right passes.  
Remed ies for Infringement of Rights in Performances  
133. Infringement actionable as breach of duty . 
(1) Any person whose rights under this Part are in imminent danger of being 
infringed, are being infringed or have been infringed, may institute proceedings in t he 
High Court  
(a) for an injunction to prevent the infringement or to prohibit the 
continuation of the infringement; or  74 Cap 18 .08 Copyright Act  Laws of Saint Christopher 
and Nevis  
Revision Date: 31 Dec 2002  
(b) for recovery of damages for the infringement.  
(2) The grant of an injunction under subsection (1) of this section shall not 
deprive a person of any damages that may be awarded to him or her for loss sustained by 
him or her as a result of the infringement of his or her rights under this Part.  
(3) The remedies provided by this section shall be in addition to any other 
sanctions contained  in this Part and any other power of the Court.  
134. Order for delivery up of illicit recording in civil proceedings . 
(1) Where a person has in his or her possession, custody or control in the course 
of a business an illicit recording of a performance, a p erson having performer’s rights or 
recording rights under this Part in relation to the performance may apply to the court for an 
order that the recording be delivered up to him or her or to such other person as the court 
may direct.  
(2) An application refe rred to in subsection (1) of this section shall not be made 
after the end of the period specified in section 139 of this Act, and the court shall not make 
an order under this section unless it also makes an order under section 138 of this Act for 
the dispo sal of the recording or it is of the opinion that there are grounds on which an order 
under that section could be made.  
(3) Nothing in this section shall affect any other power of the court.  
Offences  
135. Criminal liability for making, etc. illicit recordi ngs. 
(1) A person who, without sufficient consent,  
(a) makes for sale or hire;  
(b) imports into Saint Christopher and Nevis otherwise than for his or her 
private and domestic use;  
(c) possesses in the course of a business with a view to doing any act 
infringing the rights conferred by this Part; or  
(d) in the course of a business  
 (i) sells or lets for hire;  
 (ii) offers or exposes for sale or hire; or  
 (iii) distributes;  
a recording which is, and which he or she knows or has reason to believe is, an illici t 
recording commits an offence, and shall be liable, on summary conviction, to a fine not 
exceeding fifty thousand dollars  or imprisonment for a term not exceeding two years or 
both, or on conviction on indictment, to a fine of two hundred and fifty thousa nd dollars  or 
imprisonment for a term not exceeding five years, or both.  
(2) A person who causes a recording of a performance made without sufficient 
consent to be shown or played in public, or to be broadcast or included in a cable 
programme service so as  to infringe any of the rights conferred by this Part, if he or she Laws of Saint Christopher 
and Nevis  Copyright Act  Cap 18.08  75 
Revision Date: 31 Dec 2002  
knows or has reason to believe that those rights are infringed commits an offence, and shall 
be liable,  
(a) on summary conviction, to a fine not exceeding fifty thousand dollars  
or impriso nment for a term not exceeding two years, or both;  
(b) on conviction on indictment, to a fine of two hundred and fifty 
thousand dollars  or imprisonment for a term not exceeding five years, 
or both.  
(3) In subsections (1) and (2) of this section, the expres sion “sufficient consent” 
means,  
(a) in the case of a qualifying performance that is not subject to an 
exclusive recording contract, the consent of the performer; and  
(b) in the case of a performance that is subject to an exclusive recording 
contract, the consent of the person having recording rights.  
(4) References in this section to the person having recording rights are to the 
person having those rights at the time the consent is given or, if there is more than one 
such person, to all of them.  
(5) No off ence is committed under subsection (1) or (2) of this section by 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.  
136. Order for delivery up of illicit recording in crimin al proceedings . 
(1) The court before which proceedings are brought against a person for an 
offence under section 135 of this Act may, if satisfied that at the time or his or her arrest or 
charge he or she had in his or her possession, custody or control in  the course of a business 
an illicit recording of a performance, order that it be delivered up to a person having 
performer’s rights or recording rights in relation to the performance or to such other person 
as the court may direct.  
(2) The Court may, on i ts own motion or on the application of the prosecution 
make an order, and an order may be made whether or not the person is convicted of the 
offence.  
(3) The Court may not make an order under this section  
(a) after the end of the period specified in sectio n 139 of this Act; or  
(b) if it appears to the court unlikely that any order will be made under 
section 138 of this Act.  
(4) An appeal shall lie to the Court of Appeal from an order made under this 
section.  
(5) A person to whom an illicit recording is deli vered up in pursuance of an 
order under this section shall retain it pending the making of an order, or the decision not 
to make an order, under section 138.  76 Cap 18 .08 Copyright Act  Laws of Saint Christopher 
and Nevis  
Revision Date: 31 Dec 2002  
137. False representation of authority to give consent . 
(1) A person who makes a false representat ion that he or she is authorised by 
any person to give consent for the purposes of this Part in relation to a performance 
commits an offence, unless he or she believes, on reasonable grounds, that he or she is so 
authorised.  
(2) A person who commits an off ence under this section is liable, on summary 
conviction, to a fine not exceeding five thousand dollars  or imprisonment for a term not 
exceeding six months, or both.  
PART IX – GENERAL  
138. Order for disposal of infringing copy or illicit recording . 
(1) An application may be made to the court for  
(a) an order that an infringing copy or article delivered up in pursuance 
of an order under sections 33 and 48 of this Act shall be  
 (i) forfeited to the copyright owner; or  
 (ii) destroyed or otherwise dealt with a s the court may direct;  
(b) an order that an illicit recording of a performance delivered up in 
pursuance of an order made under section 134 or 138 of this Act shall 
be 
 (i) forfeited to the person having performer’s rights or recording 
rights in relation to the performances as the court may direct; or  
 (ii) destroyed or otherwise dealt with as the court thinks fit; or  
(c) a decision that no order under paragraph (a) or (b) of this subsection 
should be made.  
(2) In considering what order, if any, should be made, the Court shall have 
regard to all the circumstances of the case and, in particular,  
(a) where the infringement relates to copyright in a work, whether other 
remedies available in an action for infringement of copyright would 
be adequate to compensat e the copyright owner and to protect his or 
her interest;  
(b) where the infringement relates to rights conferred under Part VIII of 
this Act, 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) The Minister may, by regulations, make provision respecting the service of 
notice on persons having an interest in an infringing copy, or other articles, or an illicit 
recording,  as the case may be, and the person shall be entitled  
(a) to appear in proceedings for an order under this section whether or 
not he or she was served with notice; and  
(b) to appeal against any order made, whether or not he or she appeared.  Laws of Saint Christopher 
and Nevis  Copyright Act  Cap 18.08  77 
Revision Date: 31 Dec 2002  
(4) An order sh all not take effect until the end of the period within which notice 
of an appeal may be given or, if before the end of that period notice of appeal is duly 
given, until the final determination or abandonment of the proceedings on the appeal.  
(5) Where ther e is more than one person interested in an infringing copy or 
other article, or as the case may be, an illicit recording the court shall make such order as it 
thinks just and may, in particular direct that the copy, article or recording be sold, or 
otherwi se dealt with and the proceeds divided.  
(6) If the court decides that no order should be made under this section, the 
person in whose possession, custody or control the copy, article, or recording, as the case 
may be, was before being delivered up or seize d shall be entitled to its return.  
(7) References in this section to a person having an interest in a copy or other 
article or a recording include any person in whose favour an order could be made in 
respect of the copy, article or, recording as the case m ay be, under this section.  
139. Period after which remedy or delivery up not available . 
(1) Subject to subsection (2) of this section, an applications for an order under 
section 33 or 134 of this Act may not be made after the end of the period of six years  from 
the date on which the infringing copy or article or, as the case may be, the illicit recording 
in question was made.  
(2) Where, during the whole or any part of that period a person entitled to apply 
for an order  
(a) is under a disability; or  
(b) is prevented by fraud or concealment from discovering the facts 
entitling him or her to apply;  
an application may be made by him or her  at anytime before the end of the period of six 
years from the date on which he or she ceased to be under a disability or, a s the case may 
be, could with reasonable diligence have discovered those facts.  
140. Time limit for prosecution . 
No prosecution for an offence under this Act shall be commenced after the 
expiration of five years after the commission of the offence or one y ear after the discovery 
of the offence, whatever date last occurs.  
141. Powers of the Police Force . 
(1) Subject to subsection (3) of this section and section 142, where a member of 
the Police Force of or above the rank of Inspector is satisfied that there is reasonable cause 
to believe that an offence against this Act is being committed, he or she may give 
directions to any constable authorising him or her to  
(a) enter and search any premises or place;  
(b) stop, board and search any vessel, other than a shi p of war, or any 
aircraft, other than a military aircraft; or  
(c) stop and search any vehicle, in which the constable reasonably 
suspects there is an infringing copy of a work or an illicit recording or 78 Cap 18 .08 Copyright Act  Laws of Saint Christopher 
and Nevis  
Revision Date: 31 Dec 2002  
any article used or intended to be used for making in fringing copies 
or illicit recordings; and  
(d) seize, remove or detain  
 (i) any article which appears to the constable to be an infringing 
copy or an illicit recording or any other article which appears to 
him or her to be intended for use for making such copies or 
recordings; and  
 (ii) anything which appears to him or her to be or to contain, or to 
be likely to be or to contain, evidence of an offence under this 
Act. 
(2) An officer to whom directions are given under section 142 of this Act may, 
with such a ssistance as is necessary.  
(a) break open any outer or inner door of any place which he or she is 
authorised by this section to enter and search;  
(b) forcibly board any vessel, aircraft or vehicle which he or she is 
authorised under this Act to stop, board  and search;  
(c) remove by force any person or thing obstructing him or her in the 
exercise of any power conferred on him or her  by this Act;  
(d) detain any person found in any place which he or she is authorised 
under this section to search until such pl ace is searched;  
(e) detain any vessel or aircraft which he or she is authorised under this 
section to stop, board and search, and prevent any person from 
approaching or boarding such vessel or aircraft until it has been 
searched;  
(f) detain any vehicle wh ich he or she is authorised under this Act to stop 
and search until it is searched . 
(3) It shall be the duty of any officer in the execution of any directions given 
under subsection (1) of this section to produce the instrument containing the directions to  
the owner or occupier of any premises, place, vessel or aircraft entered or vehicle stopped, 
pursuant to such directions if required by the owner or occupier to do so.  
142. Restrictions on the entry and search of domestic premises . 
A magistrate may, if he  or she is satisfied by information on oath that there is 
reasonable ground for suspecting that there is in any building, ship, boat, aircraft, vehicle, 
box, receptacle, or other structure or place, hereinafter called the “premises” any article 
which may b e seized, removed or detained under any provision of this Act, issue a warrant 
authorising a member of the Police Force not below the rank of Sergeant, with such 
assistance as may be necessary, to enter and search the premises.  
143. Obstruction of members of the Police Force . 
(1) Without prejudice to any other written law, any person who  
(a) wilfully obstructs a police officer in the exercise of his or her powers 
or the performance of his or her duties under this Act;  Laws of Saint Christopher 
and Nevis  Copyright Act  Cap 18.08  79 
Revision Date: 31 Dec 2002  
(b) wilfully fails to comply with any r equirement properly made to him 
or her by the police officer; or  
(c) without reasonable excuse, fails to give the police officer any other 
assistance which he or she may reasonably require to be performing 
his or her duties under this Act;  
commits an offen ce, and shall be liable, on summary conviction, to a fine not exceeding 
ten thousand dollars  or imprisonment for a term not exceeding one year, or both.  
(2) A person who, when required to give information to a police officer in the 
exercise of his or her p owers or the performance of his or her duties under this Act, gives 
false or misleading information to the officer commits an offence and shall be liable, on 
summary conviction, to a fine not exceeding five thousand dollars  or imprisonment for a 
term not e xceeding six months, or both.  
(3) Nothing in this section shall be construed as requiring any person to give any 
information which may incriminate him or her.  
144. Offences by body corporate . 
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 attributable to neglect on the 
part of, any director, manager secretary or other similar officer of the body corporate or 
any person who was purporting to act in any such capacity, he or she, as well as the body 
corporate commits that offence and is liable to be proceeded against and punished 
accordingly.  
145. Power to apply provisions of Act to other countries . 
(1) Subject to the provisions of this section, the Minister may, by Orde r, provide 
that in respect of any country specified in the order, any provisions of this Act so specified 
shall apply in relation to  
(a) persons who are citizens or habitual residents of that country as they 
apply to persons who are citizens or habitual re sidents of Saint 
Christopher and Nevis;  
(b) bodies incorporated or established under the laws of that country as 
they apply in relation to bodies incorporated or established under the 
laws of Saint Christopher and Nevis;  
(c) literary, dramatic, musical or artistic works, sound recordings, films 
and editions first published in that country as they apply in relation to 
such works, sound recordings, films and editions first published in 
Saint Christopher and Nevis;  
(d) broadcasts made from or cable programmes sent from that country as 
they apply in relation to broadcasts made from or cable programmes 
sent from Saint Christopher and Nevis;  
(e) performances taking place in that country or given by an individual 
who is a citizen or habitual resident of that countr y; 80 Cap 18 .08 Copyright Act  Laws of Saint Christopher 
and Nevis  
Revision Date: 31 Dec 2002  
(f) performances incorporated in a phonogramme which is protected by 
Article 5 of the Rome Convention; or  
(g) performances, not being fixed on a phonogramme, that are carried by 
a broadcast which is protected by Article 6 of the Rome Convention, 
as they  apply in relation to performances taken in Saint Christopher 
and Nevis or given by an individual who is a citizen or habitual 
resident of Saint Christopher and Nevis.  
(2) An Order made under subsection (1) of this section may apply to any 
provisions of th is Act, in relation to any country,  
(a) without exception or modification, or subject to such exceptions and 
modifications as may be specified in the order;  
(b) generally or in relation to such classes of works or other classes of 
case as may be so specifi ed. 
(3) An Order shall not be made under subsection (1) of this section in relation to 
any country unless  
(a) the country is a Convention country; or  
(b) a country as to which the Minister is satisfied that provision has been 
or will be made under its law in respect of the class of works or, as 
the case may be, the performances, to which the order relates, giving 
adequate protection to the owners of copyright under this Act or, as 
the case may be, to Saint Christopher and Nevis performances as 
defined in se ction 146(4) of the Act.  
(4) In this section, the expression “Convention country” means a country which 
is a party to a Convention relating to copyright or performers’ rights as may be 
appropriate, to which Saint Christopher and Nevis is also a party.  
146. Denial of copyright or rights in performances . 
(1) The Minister may, by Order, make provision in relation to country whose 
laws 
(a) do not give adequate protection to Saint Christopher and Nevis works 
to which this section applies or to Saint Christopher and Nevis 
performances; or  
(b) do not give adequate protection in the case of one or more classes of 
the works or performances;  
whether the lack of protection relates to the nature of the work or performance or the 
nationality, citizenship or country of it s author or performer or all of those matters.  Laws of Saint Christopher 
and Nevis  Copyright Act  Cap 18.08  81 
Revision Date: 31 Dec 2002  
(2) An Order made for the purposes of this section shall designate the country 
concerned and may provide either generally or in relation to such classes of cases as are 
specified in the Order, that copyright s hall not subsist in works first published, or, as the 
case may be, that right in performances shall not subsist in performances first given, after a 
date specified in the Order which may be a date before the commencement of this Act if, at 
the time of the first publication of the works or the giving of the performance, as the case 
may be, the authors of the works or the performers were or are  
(a) citizens or nationals of that country, not being at that time persons 
whose habitual residence is in Saint Chris topher and Nevis or a 
specified country excluding the country concerned; or  
(b) in the case of works, bodies incorporated or established under the 
laws of that country.  
(3) The Minister shall, in making an Order under this section, have regard to the 
natur e and extent of the lack of protection for Saint Christopher and Nevis works or Saint 
Christopher and Nevis performances in consequence of which the Order is being made.  
(4) This section shall apply to literary, dramatic, musical and artistic works, 
sound recordings and films, and for the purposes of this section,  
(a) “Saint Christopher and Nevis’ performances” means  
 (i) performances given by individuals who are citizens or habitual 
residents of Saint Christopher and Nevis; or  
 (ii) performances that take place in Saint Christopher and Nevis; 
and 
(b) “Saint Christopher and Nevis works” means works of which the 
author is a qualified person at the material time within the meaning of 
section 7(3) of this Act.  
147. International organisations . 
(1) This section shall apply to international organisations which the Minister, by 
Order, declares that it is expedient, that this section applies.  
(2) Where an original literary, dramatic, musical or artistic work is first 
published by or under the direction or control of  an international organisation to which this 
section applies in such circumstances that copyright would not, except by virtue of this 
subsection, subsist in the work immediately after the first publication thereof, and  
(a) the work is so published in pursu ance of an agreement with the author 
which does not reserve to the author the copyright, if any, in the 
work; or  
(b) the work was made in such circumstances that, if it had been first 
published in Saint Christopher and Nevis, the organisation would 
have be en entitled to the copyright in the work, then, copyright shall 
subsist in the work by virtue of this section and the organisation shall 
be first owner of that copyright.  
(3) Copyright of which an international organisation is first owner by virtue of 
this section shall subsist until the end of the period of fifty years from the end of the 82 Cap 18 .08 Copyright Act  Laws of Saint Christopher 
and Nevis  
Revision Date: 31 Dec 2002  
calendar year in which the work was made or such longer period as may be specified by 
the Minister, by Order, for the purpose of complying with the international obligati ons of 
Saint Christopher and Nevis.  
(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 corporate shall have, 
and shall be deemed at all material times to hav e had the legal capacities of a body 
corporate for the purpose of holding, dealing with and enforcing copyright, and in 
connection with all legal proceedings relating to copyright.  
148. Territorial waters and Exclusive Economic zone . 
(1) For the purposes o f this Act, the territorial sea and the exclusive economic 
zone of Saint Christopher and Nevis shall be treated as part of Saint Christopher and 
Nevis.  
(2) This Act shall apply to things done in the exclusive economic zone as it 
applies to things done in S aint Christopher and Nevis.  
(3) In this section,  
(a) “exclusive economic zone” means the exclusive economic zone of 
Saint Christopher and Nevis as described in sections 8 and 9 of the 
Mari time Areas Act, Cap. 7.03 ; 
(b) “territorial sea” means the territori al sea of Saint Christopher and Nevis 
as described in section 3 of the Mari time Areas Act.  
149. Act applies to ships, aircraft registered in Federation . 
(1) This Act shall apply to things done on Saint Christopher and Nevis ship or 
Saint Christopher and Ne vis aircraft as it applies to things done in Saint Christopher and 
Nevis.  
(2) In this section, “Saint Christopher and Nevis ship” and “Saint Christopher 
aircraft” means respectively, a ship or aircraft registered in Saint Christopher and Nevis.  
150. Regula tions . 
(1) The Minister may generally make regulations to give effect to the provisions 
of this Act, and without prejudice to the generality of the foregoing, he or she may, in 
particular, make regulations  
(a) prescribing anything that is by this Act autho rised or required to be 
prescribed;  
(b) prescribing anything that is necessary for the purpose of giving effect 
to this Act.  
151. Transitional provisions . 
(1) Where an act done before the appointed day was then an infringement of 
copyright but is not an in fringement of copyright or rights in performance under this Act, 
then, proceedings in respect of that act may be taken as if this Act had not been passed.  Laws of Saint Christopher 
and Nevis  Copyright Act  Cap 18.08  83 
Revision Date: 31 Dec 2002  
(2) An act done before the appointed day shall not be an infringement of 
copyright or rights in perfo rmances conferred by this Act if that act would not, but for the 
passing of this Act, have constituted an infringement.  
(3) Proceedings for infringement of copyright instituted but not disposed of 
before the appointed day shall be disposed of as if this Ac t had not been passed.  
(4) Proceedings under this Act for infringement may be taken notwithstanding 
that the alleged infringement occurred before the appointed day.  
(5) In this section “appointed day” means the day appointed pursuant to section 
1 of this A ct. 
152. Savings . 
Nothing in this Act shall affect the operation of any rule of equity relating to breach 
of trust or confidence.  
153. Act binds Crown . 
This Act shall bind the Crown.   
154. Cessation of UK Copyright Act, 1956 and repeal of Cap. 336. . 
(1) Subject to subsections (2) and (3) of this section, and section 151 of this Act 
the Copyright Act, 1956 of the United Kingdom and any Order -in-Council and subsidiary 
legislation made under that Act, in so far as they are part of the laws of Saint Christopher  
and Nevis shall cease to apply to Saint Christopher and Nevis.  
(2) Where, immediately prior to the appointed day, copyright subsists in Saint 
Christopher and Nevis in any literacy, dramatic, musical or artistic work by virtue of the 
Copyright Act, Cap. 33 6 referred to in subsection (1) of this section, that copyright shall 
continue to subsist, and the person entitled to the copyright by virtue of that Act shall be 
the owner of the copyright, under and subject to this Act, and, in particular.  
(a) the durati on of the copyright;  
(b) the acts comprised  within the exclusive rights attaching to the 
copyright; and  
(c) the effect upon the ownership of the copyright of any event or 
transaction  occurring or of any contract or agreement made on or 
after the appointed day; 
shall be governed by this Act.  
(3) 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 a performance in respect of which rights are conferred by 
this Act, being an act which prior to that date would have been lawful, nothing in this Act 
shall diminish or prejudice and rights or interests which, in relation to that work or 
performance, are subsisting and valuable on the appoi nted day, unless the person who, by 
virtue of this Act, is the owner of the copyright or the person having rights in the 
performance agrees to pay such compensation as, in default of agreement, may be fixed by 
the High Court .