WORLD TRADE ORGANIZATION  
ORGANISATION MONDIALE DU COMMERCE  
ORGANIZACIÓN MUNDIAL DEL COMERCIO  IP/N/1/VCT/C/1 
30 November 2009 
 (09-6019) 
Council for Trade-Related Aspects 
of Intellectual Property Rights Original:   English/ 
 anglais/  inglés 
 
  
MAIN DEDICATED INTELLECTUAL PROPERTY 
LAWS AND REGULATIONS NOTIFIED UNDER 
ARTICLE 63.2 OF THE AGREEMENT 
 
SAINT VINCENT AND THE GRENADINES 
  
 The present document reproduces the text
1 of the Copyright Act No. 21 of 2003, as notified 
by Saint Vincent and the Grenadines on 14 Octobe r 2009 under Article 63.2 of the Agreement (see 
document IP/N/1/VCT/1). 
 
Conseil des aspects des droits de propriété 
intellectuelle qui touchent au commerce  
 
 
PRINCIPALES LOIS ET RÉGLEMENTATIONS CONSACRÉES À LA 
PROPRIÉTÉ INTELLECTUELLE NOTIFIÉES AU TITRE 
DE L'ARTICLE 63:2 DE L'ACCORD 
 
SAINT-VINCENT-ET-LES GRENADINES 
  
 Le présent document contient le texte
1 de la Loi n° 21 de 2003 sur le  droit d'auteur, notifié par 
Saint-Vincent-et-les Grenadines le 14 octobre 2009 au titre de l'article 63:2 de l'Accord (voir le 
document IP/N/1/VCT/1). 
 
Consejo de los Aspectos de los Derechos de Propiedad 
Intelectual relacionados con el Comercio  
 
 
PRINCIPALES LEYES Y REGLAMENTOS DEDICADOS A LA PROPIEDAD 
INTELECTUAL NOTIFICADOS EN VIRTUD DEL PÁRRAFO 2 
DEL ARTÍCULO 63 DEL ACUERDO 
 
SAN VICENTE Y LAS GRANADINAS 
 
 
 En el presente documento se reproduce el texto1 de la Ley de Derecho de Autor N° 21 
de 2003, notificado por San Vicente y las Granadinas el  14 de octubre de 2009 en virtud del párrafo 2 
del artículo 63 del Acuerdo (véase el documento IP/N/1/VCT/1). 
                                                      
1 In English only./En anglais seulement./En inglés solamente. IP/N/1/VCT/C/1 
Page 2  
 
  SAINT VINCENT AND THE GRENADINES 
 
COPYRIGHT ACT, 2003 
 
ARRANGEMENT OF SECTIONS 
 
 
 
SECTION  
  
PART I 
PRELIMINARY 
 
1. Short title and commencement  
 
2. Interpretation  
 3. Publication  
 
4. Lawful reception of encrypted broadcasts  
  
PART II – COPYRIGHT 
 
Protected Works 
 
5. Categories of protected works  
 6. Qualification for copyright protection  
 
7. Nature of copyright economic rights  
  
Duration of Copyright Protection 
 8. Duration of copyright in literary, works, etc.  
9. Duration of copyright in sound recordings and films  
10. Duration of copyright in broadcasts and cable programmes  
11. Duration of copyright in typographical arrangements  
 
 
PART III – MORAL RIGHTS AND RELATED RIGHTS 
 
12. Moral rights  
13. Right to be identified as author  
14. Right to object to derogatory treatment of work   IP/N/1/VCT/C/1 
 Page 3 
 
 
  15. False attribution of work  
16. Right to privacy commissioned photographs and films  
17. Duration of moral rights and related rights  
18. Consent and waiver of rights  
19. Application of provisions to joint works  
20. Application of provisions to part of work  
 
 
PART IV – OWNERSHIP AND ASSIGNMENT OF RIGHTS 
 
Ownership of Copyright 
21. Ownership of copyright  
22. Assignment and licences  
23. Prospective ownership of copyright  
24. Copyright in unpublished works passes under will  
25. Moral rights not assignable  
 
 
PART V – INFRINGEMENT OF RIGHTS 
 
26. Transmission of moral rights on death  
27. Meaning of action  
28. Acts infringing copyright  
29. Action by owner of copyright for infringement  
30. Order for delivery up in civil proceedings  
31. Right to seize infringing copies  
32. Wide injunction available to licensing bodies  
33. Definition of exclusive licensee  
 
Moral and Related Rights 
 
34. Infringement of right to be identified as author or director  
35. Infringement of right to object to derogatory treatment of work  IP/N/1/VCT/C/1 
Page 4  
 
  36. Infringement by possession of infringing article  
37. False attribution of work infringement of right  
 
Remedies for Infringement of Moral Rights and Related Rights 
 
38. Infringement of privacy right in photographs, etc.  
39. Remedies for infringing moral rights etc.  
 
Presumptions 
 
40. Presumptions as to subsistence and ownership of copyright  
41. Presumption in relation to authorship of protected works  
42. Presumptions where action relates to sound r ecordings, films and computer programme  
 
Offences 
 
43. Withdrawal of privilege against illumination of  self or spouse in infringement and related 
proceedings  
44. Offences in respect of dealings which infringe copyright  
45. Presumptions not to apply  
46. Order to deliver up in criminal proceedings  
 
Supplementary 
 
47. Application of provisions of re-entry  
48. Provisions for restricting importation of infringing copies  
 
 
PART VI – EXCEPTIONS TO INFRINGEMENT OF COPYRIGHT 
 
Preliminary 
 
49. Definitions  
 
General Exceptions 
 
50. Research and private study  
51. Criticism, review and reporting   IP/N/1/VCT/C/1 
 Page 5 
 
 
  52. Determining fair dealing  
53. Incidental inclusion of protected work  
54. Anonymous and pseudonymous literary work  
55. Use of notes of recordings of spoken words, etc  
 
Use of Work for Educational Purpose 
 
56. Acts done for purposes of instruction or examination  
57. Anthologies for educational use  
58. Performing, playing or showing works in course of educational activities  
59. Recording of broadcast, by educational establishments  
60. Restriction on reprographic copying from published works  
61. Subsequent dealing with authorised copies  
 
Exceptions affecting Libraries and Archives 
 
62. Interpretation of references  
63. Supply by librarian of copies of published work  
64. Supply of copies to other libraries  
65. Replacing copies of works  
66. Copying of unpublished work  
 
Exceptions Relating to Public Administration 
 
67. Recording for archival purposes  
68. Parliamentary and judicial proceedings etc.  
69. Public records  
70. Design documents and models  
71. Exploitation of a design derived from artistic work  
 
Exception Relating to Works in Electronic Form 
 
72. Transfer of works in electronic form  IP/N/1/VCT/C/1 
Page 6  
 
  Miscellaneous Exceptions Relating to Litera ry, Dramatic, Musical and Artistic Works 
 
73. Statutory licences: recordings for broadcasting  
74. Reading or recitation in public  
75. Representation of artistic works on public display  
76. Reconstruction of buildings  
77. Subsequent work by same artist  
 
Miscellaneous Exceptions Respecting Broadcasts 
 
78. Recording broadcasts for programme supervision  
79. Recording for purposes of time shifting  
80. Provision of subtitled copies of broadcast or cable programme  
81. Adaptations  
 
Prescribed Exceptions 
 
82. Power of Minister to prescribe exceptions to infringement  
 
 
PART V11 – COPYRIGHT LICENSING 
 
Preliminary 
 
83. Definitions  
84. Licensing schemes to which sections 84-92 apply  
85. Reference of proposed licensing scheme to Court  
86. Reference of existing licensing scheme to Court  
87. Further reference to Court  
88. Application for grant of licence in connection with licensing scheme  
89. Application for review as to entitlement to licence  
90. Effect of order of Court as to licensing scheme  
  IP/N/1/VCT/C/1 
 Page 7 
 
 
  References And Application With Respect To Individual Licensing By Licensing Bodies 
 
91. Licences to which sections 91-95 apply  
92. Reference to Court of proposed licence  
93. Reference to Court of expiring licence  
94. Application for review of order as to licence  
95. Effect of order of Court as to licence  
 
Factors to be taken into acco unt in certain classes of case 
 
96. General consideration unre asonable discrimination  
97. Licences for reprographic copying  
98. Licences for educational establishments in resp ect of works included in broadcasts or cable 
programmes  
99. Licences to reflect conditions imposed by promoters events  
100. Licences to reflect payments in respect of underlying rights  
101. Mention of the specific matters not to  exclude relevant considerations  
 
 
PART IX – RIGHTS IN PERFORMANCES 
 
102. Protection and conferment of rights in performances  
 
Performer’s Rights 
 
103. Consent required for recording or live transmission of performance  
104. Consent and royalty required for adaptation of recording  
105. Infringement of performer’s rights by importing possessory, illicit recording  
106. Performers moral rights  
 
Rights of Person Having Recording Rights 
 
107. Consent required of performance subject to exclusive contract  
108. Infringement of recording rights by use of recording made without consent  
109. Infringement of recording rights by importing, possessory, illict recording  IP/N/1/VCT/C/1 
Page 8  
 
  Exceptions to Infringement 
 
110. Fair dealing for criticism, etc  
111. Acts done to recording of perform ance for purposes of instruction  
112. Recording of broadcasting and cable pr ogrammeS by educational establisment  
113. Acts done to performance or recording for Parliamentary proceedings  
114. Transfer of recording of performance in electronic form  
115. Use of for recordings of spoken words  
116. Playing sound recording for charitable purposes  
117. Incidental recording for purposes of broadcast or cable programme  
118. Recordings for supervision and control of programmes permitted  
119. Order excepting acts from infringing rights under this Part  
120. Court may consent on behalf of performer  
 
Duration and Transmission of Rights in Performances; Consent 
 
121. Duration of rights in performances  
122. Transmission of rights in performances  
123. Consent  
 
Remedies for Infringement of Rights in Performances 
 
124. Infringement actionable as breach of statutory duty  
125. Order for delivery up of illicit recording in Court  
126. Right to seize illicit recordings  
 
Offences in Relation to Performances 
 
127. Criminal liability for making illicit recordings  
128. Order for delivery up of illicit recording in criminal proceedings  
 
 
  IP/N/1/VCT/C/1 
 Page 9 
 
 
  PART X – COLLECTIVE SOCIETIES 
 
129. Collective societies to be registered  
130. Administration of rights by collective society  
131. Control over the copyright soci ety by the owner of rights  
132. Submission of returns and reports  
133. Rights and liabilities of performing rights societies  
 
 
PART XI – GENERAL 
 
134. Order for disposal of infringing copy or illicit recording  
135. Period after which delivery up not available  
136. General civil remedies  
137. Time limit for prosecution  
138. Powers of member of Police Force  
139. Restrictions on entry and search of premises  
140. Obstruction of member of Police Force  
141. Offences by body corporate  
142. Power to make regulations  
143. International organisations  
144. Act binds Crown  
145. Regulations  
146. Repeals  
147. Savings  
148. Transitional provisions  
 IP/N/1/VCT/C/1 
Page 10  
 
   
 
SAINT VINCENT AND THE GRENADINES 
_______________ 
 
ACT NO. 21 of 2003 
 
I ASSENT 
 
DR. FREDERICK BALLENTYNE  
[L.S.]    Governor-General 
6
th November, 2003  
  AN ACT  to make a comprehensive copyright law for Saint Vincent and the Gr enadines, to afford 
 better protection for literary, dramatic, musical , artistic and other works and creative products, 
 to provide for the right of performers and othe rs in performances and to  repeal the Copyright 
 Act Cap. 262 and provide for matters connected therewith or incidental hereto.   
[By Proclamation]  
 
 BE IT ENACTED  by the Queen’s Most Excellent Majesty by and with the advice and 
consent of the House of Assembly of Saint Vincen t and the Grenadines and by the authority of the 
same as follows:    
PART 1 
 
PRELIMINARY 
  
Short title and commencement  
 
1. (1)  This Act may be cited as the Copyright Act 2003.   (2)  This Act shall come into force on a da y to be appointed by the Governor General by 
order published in the Gazette, and different days  may be appointed for different provisions and 
different purposes. 
 
Interpretation 
 
2. (1) In this Act -    
  “adaptation” includes: 
   (a)  in relation to computer programme, a version of the programme in which it is 
converted into or out of a computer language or code, or into a different 
language or code otherwise than incide ntally in the course of running the 
programme; 
   (b) in relation to a literary work in a non-dramatic form, a version of the work, 
whether in its original language or in a different language, in a document 
form;  IP/N/1/VCT/C/1 
 Page 11 
 
 
    (c) in relation to a literary work in a dramatic form, a version of the work 
whether in its original language, or different language, in a non-dramatic 
form;  
 
  (d) in relation to a literary work, whethe r in a non-dramatic form or in a dramatic 
form,  
    (i) a translation of the work;      (ii) a version of the work in which the story or action is conveyed solely 
or principally by means of pictures in a form suitable for reproduction 
in a book or a newspaper, a mag azine or similar periodical; and  
   (e) in relation to a musical work; an arrangement or transcription of the work;   
  “article” in the context of an article in a periodical, includes an item of any 
 description;  
   “artistic work” means,     (a) a graphic work, photograph, sculpture or collage, whether the work is of 
artistic quality or not;  
   (b) a building or model of a building,  irrespective of artistic quality; or  
   (c) a work of artistic craftsmanshi p to which neither paragraph (a) nor 
paragraph (b) applies;  
   “author” means the person who creates a work, being     (a) in relation to a literary or dramatic work, the author of the work;   
  (b) in relation to musical work, the composer;  
   (c) in relation to an artistic work other than a photograph, the artist;     (d) in relation to a photograph, the person taking the photograph;  
 
  (e) in relation to a sound recordi ng or film, the person by whom the 
arrangements necessary for the making of the recording or film are undertaken;  
   (f) in relation to the typographical arrangement of a published edition, the 
publisher;  
   (g) in relation to a broadcast, the pe rson making the broadcast as described in 
section 4 (2) or, in the case of a broadcast which relays another broadcast by reception and immediate retransmission, the person making that other 
broadcast;  
   (h) in relation to a cable programme, the person providing the cable programme 
service in which the programme is included;  
 IP/N/1/VCT/C/1 
Page 12  
 
    (i) in relation to a computer-generated literary, dramatic, musical or artistic 
work, the person by whom the arrangements necessary for the creation of the work are undertaken;  
 
“broadcasting” means a transmission of wirele ss telegraphy of visual images, sounds 
or other information which,  
    (a) having regard to section 4 is capable of being lawfully received by 
  members of the public or;  
 
   (b) is transmitted for presentation to members of the public;  
   “to broadcast” means to transmit by the emission of electromagnetic energy otherwise 
 than over a path that is provided by a material substance, visual images or  sounds, or other information, irrespective of the form in which the sounds, 
 images or information are represented for reception by the public 
 notwithstanding that;  
    (a) subsequent to the initial tran smission, but before reception by the 
  public, 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-broadcasti ng” shall have corresponding meaning;  
 
“building” includes a fixed structure of any kind and a part of a building or fixed 
structure;  
   “business” includes a trade or profession;   
  “cable programme service” means any item included in a cable programme service, 
 and any reference in this Act  
    (a) to the inclusion of a cable programme or  work in a cable programme 
  service is a reference to its transmission as part of the service; and  
 
  (b) to the person included in it is a reference to the person providing the 
 service;  
   “Comptroller” means the Comptroller of Customs and Excise;   
  “collective works” means,  
   (a) a work of joint authorship; or    IP/N/1/VCT/C/1 
 Page 13 
 
 
    (b) a work in which there are distinct 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 
such that the work has no human author;  
 
“computer programme” means a set of instru ctions whether expressed in words or in 
a dramatic or other form, which is capable when incorporated in a machine readable medium, of causing an electronic or other device having information process capabilities to indicate, perform or  to achieve a particular function, 
task or result;  
 
“communication to the public” means the tran smission by wire or wireless means of 
the images or sounds, or both, of a work, a performance or a sound recording in such a way that the images or sounds can be perceived by person outside 
the normal circle of a family and its closest social acquaintances at a place or 
places so distant from the place where the transmission originates that, 
without the transmission, the images or  sounds would not be perceivable and 
further, irrespective of whether the pe rson can receive the images or sounds 
at the same place and time, or different places or times;  
 
  “copy” includes:  
   (a) in relation to a work that is lite rary, dramatic, musical or artistic work, a 
 reproduction of the work in any material form; or  
 
  (b) in respect of an artistic work, a reproduction in three-dimensions, if the 
 artistic work is a two dimensional work  and a reproduction in two dimensions 
 if the artistic work is a three dimensional work; or  
   (c) in respect of a literary, dramatic or musical work includes a reproduction in 
 the form of a record or film;  
 
  (d) in relation to a work that is a fi lm, television broadcast, or cable programme 
 includes a photograph of the whole or any substantial part of any image  forming part of the film, broadcast or cable programme;  
 
  (e) in relation to a work that is a typographical arrangement of a published 
 edition, a facsimile copy of the arrangement; and  
 
(f)  any category however made and in whatever medium, that is transient or is 
incidental to some other use of the work  
 
 and references to the “copying of a work of any description” shall be construed to 
 include a reference to storing the work  in any medium by electronic means;  
   “copyright” means copyright subs isting under Part II of this Act;  
 
  “Court” means High Court;  
   “country” includes any territory;   IP/N/1/VCT/C/1 
Page 14  
 
  “distribution” means the distribution to th e public, for commercial purposes, of copies 
of work by way of rental, lease, hire, loan or similar arrangement and distributing has a corresponding meaning;  
   “dramatic work” includes:  
 
  (a) a choreographic show or entertainment in dumb show; and  
   (b) a scenario or script for a film but does not include a film as distinct from the 
 scenario or script;  
 
  “drawing” includes a diagram, map, chart or plan;   
“educational institution” means any school , college or other educational body 
designated by the Minister by order eith er specifically or by reference to a 
class, for the purposes of this Act;  
 
“engraving” includes an etching, lithogra ph, product of photogravure, woodcut, print 
or similar work, not being a photograph;  
 
“exclusive licence” means a licen ce in writing signed by or on behalf of the owner of 
copyright in a work authorizing the licensee, to the exclusion of all other 
persons, including the person granting th e licence, to exercise a right which 
would otherwise be exercisable exclusiv ely by the owner of the copyright;  
 
“exclusive recording contract” means a c ontract between a performer and another 
person under which that person is entitle d, to the exclusion of all other 
persons, including the performer, to make recordings of one or more of his 
performances with a view to their bei ng shown or played in public, sold, let 
for hire, or otherwise commercially exploited;  
 
“film” means a recording of any medium from which a moving image may by any 
means be produced;  
   “future copyright” includes:     (a) copyright which will or may come in to existence in respect of any future 
 work or class of works or on th e occurrence of a future event;  
   (b) in relation to such copyright a person prospectively entitled thereto by virtue 
 of such an arrangement as stated in section 21;  
   “graphic work” includes:  
 
  (a) any painting, drawing, diagram, map, chart, or plan; and     (b) any engraving, etching, lithograph, woodcut or similar work;   
  “illicit recording” means:  
   (a) for the purposes of a performer’s rights, a recording of the whole or a 
 substantial part of a pe rformance of his if it is made otherwise than for 
 private purpose, without his consent;   IP/N/1/VCT/C/1 
 Page 15 
 
 
   
  (b) for the purposes of the rights of a person having recording rights under an 
 exclusive recording contract, a recordi ng of the whole or any substantial part 
 of a performance subject to the exclus ive recording contract, if it is made 
 otherwise than for private purposes, without his consent or that of the 
 performer;  
   (c) the purposes of any offence under this Act, a recording which is an illicit 
 recording by virtue of either paragr aphs (a) or (b) of this definition;  
 
  “infringing copy” in relation to a protected work means,  
   (a) any copy of the work, the making of which is not authorized under or by 
 virtue of any provisions of this Act;  
 
  (b) any copy of the work that is or is  proposed to be imported into Saint Vincent 
 and the Grenadines and its making in Saint Vincent and the Grenadines  would have constituted an infringement of the copyright  in the work of a  breach of an exclusive agreem ent relating to that work;  
   “literary work” means,  
 
  (a) any work, other than a dramatic or  musical work, which is written, spoken or 
 sung;  
   (b) a written table or compilation;  
 
  (c)  a computer programme;   
“manuscript” in relation to a work, means the original document embodying the work  whether written by hand or not;  
 
  “Minister” means the Minister responsible for copyright;  
 
“musical work” means a work consisting of music, exclusive of any words or action 
 intended to be sung, spoken or performed with the music;  
 
  “owner of rights” means a legal or natural person who owns the rights to a work;  
 
“performer” means any actor, singer, musician, dancer or other 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 
references 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)  copyright in a protected work includes:  
    (i) delivery in the case of lectures, addresses, speeches and sermons;   IP/N/1/VCT/C/1 
Page 16  
 
     (ii) any mode of visual acoustic presentation including presentation by 
  means of a sound recording, film, broadcast or cable programme of   the work;  
   (b)  the rights conferred under Part IX means,  
 
   (i) a dramatic performance which includes dance and mime;      (ii) a musical performance; or   
   (iii) a reading or recitation of a literary work, which is, or to the extent 
  that it is, a live programme given by one or more individuals;  
 
“person having recording rights” in relati on to a performance means a person who 
 being a qualified person,  
 
  (a) is either a party to or has the bene fit of an exclusive recording contract to 
 which the performance is a subject or is  a person to whom the benefit of such 
 a contract has been assigned; or  
   (b) is licenced to make recordings of the performance with a view to them being 
 sold or let for hire or shown or played in public, by a person who is within 
 the definition in paragraph (a) but is not a qualified person;  
 
“photograph” means a recording of light or  other radiation on any medium on which 
an image is produced or from whic h an image may by any means be 
produced, and which is not part of a film;  
 
“place of public entertainment” includes an y premises which are from time to time 
made available for hire to such pers ons as may desire to hire them for 
purposes of public entertainment,  and th e premises that are occupied mainly 
for other purposes;  
 
“prospective owner” has the meaning assigned to it in the definition of “future 
copyright”;  
 
No. 8 of 1994  
 
“protected work” is work of any category in which copyright subsists by virtue of this 
Act;  
 
“published edition” in relation to copyright in the typographical 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”     (a) in the case of an individual, means a person who is a citizen of Saint Vincent 
 and the Grenadines, or who is domiciled or resident in Saint Vincent and the 
 Grenadines;  
   (b) in the case of a body corporate, means a body incorporated or established 
 under the Companies Act;   IP/N/1/VCT/C/1 
 Page 17 
 
 
   
    “qualifying performance” means a performance that   
  (a) is given by an individua l who is a qualified person; or  
   (b) takes place in Saint Vincent and th e Grenadines; or a specified country;  
 
“record” means any disc, tape, perforated roll or other device in which sounds are 
embodied so as to be capable of bei ng reproduced therefrom irrespective of 
the form in which the sounds are represented, other than a sound track associated with a film, but includes in  relation to a performance, a film 
incorporating the performance;  
 
  “recording” in relation to a performance means a film or sound recording  
   (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 course of a business, as part of services or amenities for which payment 
 is made,  
   on terms that it will or may be returned;   
  “reprographic process” includes:  
   (a) a process for making facsimile copies;     (b) a process involving the use of an appliance for making multiple copies, or  
 
  (c) in relation to a work held in elect ronic form; any copying by electronic means 
 of the work, except for the making of a film or sound recording;  
   “sculpture” includes a cast or mode l made for purposes of sculpture;  
 
  “sound recording” means:  
   (a) a recording of sounds from which the 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 thereof may be produced, 
 regardless of the medium on which the recording is made or the method by  which the sounds are reproduced or produced or the form in which the sounds  are represented;  
 IP/N/1/VCT/C/1 
Page 18  
 
    “specified country” means a country specified by the Minister  by order;  
 
“telecommunications system” means a system for conveying visual images, sounds or 
other information by electronic means;  
 
  “typeface” includes an ornamental motif used in printing;  
   “unauthorised” when used to describe an y act done in relation to a work, means:  
   (a) if copyright subsists in the work, an act done otherwise than by or with the 
 licence of the owner of the copyright;  
   (b) if copyright does not subsist in the work; an act done otherwise than by or 
 with the licence of the author or person lawfully claiming under him;  
 
“wireless telegraphy” means the emitting or r eceiving otherwise than over a path that 
is provided by a material substance of electro-magnetic energy transmitting visual images or sounds or both visual images or sounds;  
   “work” means,   
  (a) a literary, dramatic, musical or artistic work;  
   (b) a sound recording, film, broadcast or cable programme;     (c) the typographical arrangement of a published edition;  
 
“work of joint authorship” means a work produced by the collaboration of two or 
more authors in which the contribution of each author is not separate from the contribution of the other author or authors;  
 
“writing” includes any form of notation, whether by hand or by printing, typewriting 
 or by any other process.  
  (2)  References in this Act to the time at which, or the period during which, a literary, 
dramatic or musical work was made are references to  the time or period at or during which it was first 
written down, recorded or expressed in some other material form.  
 
Publication   
 
3. (1) For the purposes of this section, “p ublication in relation to work” means,  
   (a) the issue of copies to the public and related expression shall be construed 
 accordingly;  
   (b) in the case of a literary, dramatic, musical or artistic work, making it 
 available to the public by means of an electronic retrieval system;  
 
 (2)  In the case of a work or architecture in the form of a building, or an artistic work 
incorporated in a building, completed construction of the building shall be treated as equivalent to 
publication of the work.    IP/N/1/VCT/C/1 
 Page 19 
 
 
   (3) The following do not constitute publication for the purposes of this Act  
   (a) in the case of a literary, dramatic or musical work,      (i) the performance of the work;  
 
  (ii) the broadcasting of the work or its inclusion in a cable programme 
 service; otherwise than for the purposes of an electronic retrieval  system;  
 
  (b) in the case of an artistic work,  
    (i) the exhibition of the work; or     (ii) the issue to the public of copies of photographs of a work of 
 architecture in the form of building, or a model, a sculpture or a work 
 of artistic craftsmanship; or  
    (iii) the issue to the public of copies of a film including the work; or     (iv) the broadcasting of the work or its inclusion in a cable programme 
 service; otherwise than for the purposes of an electronic retrieval 
 system;  
   (c) in the case of a sound recording or film;   
   (i) the work being played or shown in public; or  
   (ii) the broadcasting of the work or its inclusion in a cable programme 
 service.  
  (4)  A publication that is merely colourable  that does not constitute an infringement of 
copyright or constitute an offence under this Act sh all be disregarded for the purposes of this Act.  
  (5)  For the purposes of this Act, a publication outside of Saint Vincent and the Grenadines shall not be treated as being other than the first publication by reason only of an earlier publication elsewhere, if the two publications took pla ce within a period of not more than thirty days.  
 
 (6) In determining for the purposes of this Act     (a) whether  a work has been published,     (b) whether a publication of a work was the first publication of work; or  
 
  (c) whether a work was published or otherwise dealt with in the lifetime of a 
 person;  
 any unauthorised publication or the doing of any ot her unauthorised act shall be disregarded.  
 
 (7)  A publication or other act shall for th e purposes of subsection (6) be taken to have 
been unauthorised if,   IP/N/1/VCT/C/1 
Page 20  
 
    (a) copyright subsisted in the work and the act concerned was done otherwise 
 than by, or with the licence of the owner of the copyright; or  
   (b) copyright did not subsist in the work and the act concerned was done 
 otherwise than by, or with the licence of  
 
   (i) the author; or      (ii) persons lawfully claiming under the author.   
 (8)  Nothing in either subsection (6) or sub section (7) affects any provisions of this Act 
relating to the acts conferred in copyright or to the acts constituting infringements of copyright or 
offences under this Act.   
Lawful reception of encrypted broadcasts  
 
4. (1)  In relation to the broadcast of a work, an encrypted transmission shall be regarded as 
capable of being lawfully received by members of the public only if decoding equipment has been lawfully made available to members of the public by or with the authority of the person making the 
transmission or the persons providing the contents of the transmission.   
 (2)  References in this Act to the pers on making a broadcast, broadcasting a work or 
including a work in a broadcast are references,     (a) to the person transmitting the programme, to the extent that he has 
 responsibility for its contents; and  
 
  (b) to any person providing the programme who makes with the person 
 transmitting it, the arrangements necessary for receiving its transmission,  
 and references in this Act to a programme, in the context of broadcasting, are to any item included in 
a broadcast. 
 
 
PART II – COPYRIGHT 
 
Protected Work 
 
 
Categories of protected works  
 
5.  (1)  Subject to this section, the categori es of works in which copyright under this Act may 
subsist are:  
 
  (a) original literary, dramatic, musical or artistic works;     (b) sound recordings, films, broadcasts or cable programmes;   
  (c) typographical arrangements of published editions.  
  (2)  A literary, dramatic or musical work shall not be eligible for copyright protection unless it is written down, recorded or otherwise fixed in a material form; and the storage of the work in a computer shall be regarded as a reco rding of the work in a material form.   IP/N/1/VCT/C/1 
 Page 21 
 
 
   
 (3)  For the purposes of subsection (2), it is immaterial whether the works 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.  
 
Qualification for copyright protection  
 
6. (1)  A literary, dramatic, musical or ar tistic work, or, subject to subsection (2) a 
typographical arrangement of a published edition,  qualifies for copyright protection where,  
 
  (a) the author thereof was a qualified person at the time at which the work was 
 made or, if the making of the work  extended over a period of time and the 
 author was a qualified person for a subs tantial part of that period; or  
 
  (b) in the case of a published work  
   (i) where having regard to section 3, the first publication took place in 
 Saint Vincent and the Grenadin es or in a specified country;  
    (ii) the author was a qualified pe rson at the time at which the work was 
  first published;  
   (iii) where the author had died before publication but was a qualified 
 person immediately before his death; or  
 
  (c) in the case of an artistic work wh ich is a building or incorporated in a 
 building, if the building is erected in Saint Vincent and the Grenadines or in a 
 specified country.  
  (2) Copyright shall not subsist in the typogr aphical arrangement of a published edition, or 
to the extent that it reproduces the typogra phical arrangement of a previous edition.  
 
 (3)  A sound recording or film qualifies for copyright protection if;     (a) the maker of the recording or film was a qualified person for the whole or 
 substantial part of the period during which the sound recording or film was 
 made; or  
   (b) having regard to section 3, if the sound recording or film has been published 
 and the first publication took place in Saint Vincent and the Grenadines or in  a specified country.  
 
 (4)  Copyright does not subsist in a sound recording or film which is, or to the extent that 
it is, a copy taken from a previous sound recording or film.   
No. 1 of 2002   
  (5) A broadcast qualifies for copyright protection if it is made in Saint Vincent and the 
Grenadines or in a specified country by a transmitti ng station in respect of which there is a valid 
licence granted under the Telecommunications Act.   IP/N/1/VCT/C/1 
Page 22  
 
   (6)  Copyright does not subsist in a broadcast  which infringes or to the extent that it 
infringes the copyright in another broadcast or programme.    (7) A cable programme qualifies for copyright pr otection if it is sent from a place in Saint 
Vincent and the Grenadines or in a specified count ry, in accordance with any law in force regulating 
transmission by cable.  
  (8)  Subject to subsection (7) copyright shall not subsist in any 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 th e extent that it infringes, the copyright in another cable 
 programme or in a broadcast.  
 
 (9)  In relation to a work of joint ownership the references in subsection (1) to author shall 
be construed as references to any one of the authors.    (10) If the qualification requirements of this section are once satisfied in respect of a work, 
copyright does not cease to exist by reason of any subsequent event.   
 (11) The provisions of this Act shall also ap ply to works that are eligible for protection in 
Saint Vincent and the Grenadines by virtue of and in accordance with any international convention or 
other international agreement to which Sain t Vincent and the Grenadines is party.  
 
Nature of copyright economic rights 
 
7. (1) Subject to the provisions of this Act, the owner of Copyright shall have the exclusive right to do, authorise, or prohibit the following acts in relation to the work:     (a) reproduction of the work;   
  (b) translation of the work;  
   (c) adaptation, arrangement or other transformation of the work;     (d) the first public distribution of the or iginal and each copy of the work by sale, 
 rental, or otherwise;  
   (e) rental or public lending of the original or a copy of an audiovisual work, a 
 work embodied in a sound recording, a computer programme, a data base or a  musical work in the form of notation,  irrespective of the ownership of the 
 original or copy concerned;  
 
  (f) importation of copies of the work, even where the imported copies were 
 made with the authorisation of the owner of copyright;  
   (g) public display of the original or a copy of the work;  
 
  (h) public performance of the work;     (i) broadcasting of the work;    IP/N/1/VCT/C/1 
 Page 23 
 
 
    (j) communication to the public of the work.  
  (2) The rights of rental and lending under para graph (e) of subsection (1) shall not apply  
   (a) to rental or lending of computer  programmes where the programme itself is 
 not the essential object of the rental or lending; or  
   (b) to cinematographic works unless such commercial rental has led to 
 widespread copying of such works materially impairing the exclusive right of  production.  
 
 (3) The onus of proving that widespread copying of a cinematographic work has materially impaired the exclusive right of pr oduction under this section rests upon the person who 
alleges that this is the case.   
Duration to Copyright Protection 
 
Duration of copyright in literary, works, etc.  
 
8.  (1)  Subject to the provisions of this section, copyright in any literary, dramatic, musical or artistic work expires at the end of the period of seventy five years from the end of the calendar year 
in which the author dies.  
  (2)  Where the authorship of a work referred to in subsection (1) is unknown, copyright in 
that work expires at the end of the period of fift y years from the end of the  calendar year in which it 
was first made available to the public, and subsection (1) shall not apply if the identity of the author 
becomes known after the end of that period.  
  (3)  For the purposes of subsection (2), acts th at constitute the making available of a work 
to the public include:     (a) in relation to a literary, dramatic  or musical work, the performance of the 
 work in public or its broadcast or in clusion in a cable programme service;  
   (b) in relation to an artistic work, th e exhibition of the work in public or its 
 inclusion in a film shown to the public  or in a broadcast or cable programme 
 service,  
 
so, however, that in determining for the purpose of  this subsection whether a work has been made 
available to the public any unauthorized act shall be disregarded.    (4)  The provisions of subsections (1) and (2 ) shall not apply to computer-generated work, 
the copyright in which expi res at the end of the period of fifty years from the end of the calendar year 
in which the work is made.  
  (5) In relation to a work of joint authorship,     (a) the reference in subsection (1) to th e 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;  
 IP/N/1/VCT/C/1 
Page 24  
 
    (ii) where the identity of one or more of the authors is known and the 
 identity of one or more others is not, as a reference to the death of the  last of the authors whose identity is known; and  
   (b) the reference in subsection (2) to the identity of the author becoming known, 
 shall be construed as a reference to the identity of any of them becoming 
 known.  
  (6)  A work is of unknown authorship if the identity of the author is unknown or, in the case of a work of joint authorship, if  the identity of none of the authors is known.  
 
 (7)  The identity of an author shall be regarded as unknown if it is not possible for a 
person to ascertain his identity by reasonable inquiry, but if his identity is once known it shall not subsequently be regarded as unknown.   Duration of copyright in sound recordings and films  
 
9.  (1)  Copyright in a sound recording or film expires at the end of the period of fifty years from the end of the calendar year in which it was ma de or, where it is made available to the public 
before the end of that period, seventy five years from the end of the calendar year in which it is so 
made available.  
 
 (2)  For the purposes of subsection (1) a sound recording or film is made available to the 
public when     (a) it is first published, broadcasted or  included in a cable programme service;  
 
  (b) in the case of a film or film sound track, the film is first shown in public.    (3)  In determining whether a sound recordi ng or film has been made available to the 
public, any unauthorised act shall be disregarded.   Duration of copyright in br oadcasts and cable programmes  
 
10.  (1)  Copyright in a broadcast or cable progr amme expires at the end of the period of fifty 
years from the end of the calendar year in which the broadcast was made or the programme included in a cable programme service.  
 
 (2) Copyright in a repeat broadcast or a rep eat cable programme expires at the same time 
as copyright in the original broadcast or cable programme;    (3)  No copyright arises in respect of a repeat broadcast 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.  
  (4)  References in subsection (2) to a repeat broadcast or a repeat programme means one that is a repeat of a broadcast previously made or as the case may be, of a cable programme previously included in a cable programme service.  
 
Duration of copyright in typogra phical arrangements of editions  
 
11.  Copyright in the typographical arrangement of  a published edition expires at the end of period 
of twenty-five years from the end of the calendar year in which the edition was first published.   IP/N/1/VCT/C/1 
 Page 25 
 
 
   
PART III – MORAL RIGHTS AND RELATED RIGHTS 
 
 
Moral rights  
 
12.  (1)  By virtue of and subject to the provisions of this Act     (a) the author of a literary, dramatic, mu sical or artistic work that is protected 
 work; or  
 
  (b) the director of a film that is a protected work,   shall have in respect of such work, the rights specified in sections 13 and 14.  
 Right to be identified as author  
 
13.  (1)  Subject to the provisions of this Part, the author of a literary, dramatic, musical or artistic work that is a protected work and the direct or of a film that is a protected work shall 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 work other th an 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 it is published commercially, performed in 
 public, broadcast or included in  a cable programme service;  
   (b) copies of a film or sound recording including the work or an adaptation of it 
 are issued to the public.  
  (3)  The author of a musical work or a liter ary work consisting of words intended to be 
sung or spoken with music, has the right to  be identified as the author whenever  
   (a) the work or an adaptation of it is published commercially;     (b) copies of a sound recording of the work or an adaptation of it are issued to 
 the public; or  
   (c) a film, the sound-track of which includes the work, is shown in public or 
 copies of the film are issued to the public.  
  (4)  The author of an artistic work has th e right to be identified as such whenever  
 
  (a) the work is published commercially or  exhibited in public or a visual image 
 of it is broadcast or included in a cable programme service;  
   (b) a film including a visual image of the work is shown in public or copies of 
 the film are issued to the public; or  
   (c) in the case of a work of architecture in the form of a building or a model for a 
 building, a sculpture of a work of artistic craftsmanship, copies of a graphic  work representing it or of a photograph of it, are issued to the public.  IP/N/1/VCT/C/1 
Page 26  
 
   
 (5)  In addition to the right specified in pa ragraph (c) of subsection (4), the author of a 
work of architecture in the form of a building has the right to be identified on the building as 
constructed or, where more than one building is constructed to the design, on the first to be 
constructed.  
 
 (6) The director of a film has the right to be identified as director whenever the film is shown in public, broadcast or included in a cable programme service or copies of the film are issued to the public.   
 (7)  The right of an author or director under this section is  
   (a) in the case of commercial publication or  the issue to the public of copies of a 
 film or sound recording, to be identified in or on each copy or, if that is not  appropriate, in some other manner likely to bring his identity to the notice of 
 a person acquiring a copy;  
   (b) in the case of identification on a building, to be identified by appropriate 
 means visible to persons entering or approaching the building; and  
   (c) in any other case, to be identified in a manner likely to bring his identity to 
 the attention of a person seeing or hearing the performance, exhibition, film, 
 broadcast or cable programme in question,  
 and the identification must, in each case, be clear and reasonably prominent.  
 
 (8) For the purposes of this section, any reas onable form of identification may be used.  
  (9)  Except as may be provided by contract, the right conferred by this section shall not apply in relation to     (a) a computer programme, the design of a typeface or a computer-generated 
 work;  
   (b) any work made for the purpose of reporting current events;     (c) the publication in a newspaper, magazine or similar periodical or in an 
 encyclopaedia, dictionary, yearbook or ot her collective work of reference, of 
 a literary, dramatic, musical or artistic work made for the purposes of the  publication or made available with the consent of the author for purposes of  the publication;  
   (d) a work in which copyright originally  vested in an international organisation 
 by virtue of section 144 unless the author or director has previously been 
 identified as such in or on published copies of the work.  
 
Right to object to derogatory treatment of work  
 14.  (1)  For the purposes of this section; “t reatment of a work” means any addition to, 
deletion from, alteration to or adaptation of the work other than    (i) a translation of a literary or dramatic work; or    IP/N/1/VCT/C/1 
 Page 27 
 
 
    (ii) an arrangement or transcription of a musical work involving no more than a 
 change of key or register.  
  (2)  The treatment of a work is derogatory  if it amounts to distortion or multiplication of 
the work or is otherwise prejudical to the honour or re putation of the author or director, and references 
to a derogatory treatment of a work shall be construed accordingly.  
  (3)  Subject to the provisions of this part the author of a literary, dramatic, musical or artistic work that is a protected work and the dir ector of a film that is a protected work have, 
respectively, the right not to have the work or any part of it subjected to derogatory treatment, and the 
right is infringed by any person who does any of the acts specified in Section 36 of this Act.  
 
False attribution of work  
 
15.  (1)  For the purposes of this section “attri bution” in relation to work means a statement 
whether expressed or implied, as to the identity of the author or director.  
  (2)  A person has the right     (a) not to have a literary, dramatic, musi cal or artistic work falsely attributed to 
 him as author; and  
 
  (b) not to have a film falsely attributed to him as director.    (3)  The right conferred by subsection (1) is infringed in the circumstances specified in 
section 38.  
 
Right to privacy commissioned photographs and films  
 
16.  Subject to section 38, a person who for private and domestic purposes commissions the taking of a photograph or the making of a film shall have, where the resulting work is  a protected work, the 
right not to have;  
 
 (a) copies of the work issued to the public;    (b) the work exhibited or shown in public; or   
 (c) the work broadcast or included in a cable programme service.  
 
Duration of moral rights and related rights  
 
17.  (1)  The rights conferred by sections 13,  14 and 16 shall subsist so long as copyright 
subsists in the work.  
 
 (2)  The right conferred by section 15 shall subsist until the end of the period of twenty 
years from the end of the calendar year in which the person dies.   
Consent and waiver of rights  
 
18. (1)  A person having a right conferred under th is Part may consent to the doing of any act 
affecting the right or may waive the right.   IP/N/1/VCT/C/1 
Page 28  
 
   (2)  A right to which subsection (1) refers may be waived by instrument in writing signed 
by the person giving up the right and the waiver,     (a) may relate to works generally or to a specific work or class of works and may 
 relate to existing or future works; and  
 
  (b) may be conditional or  unconditional and may be expressed to be subject to 
 revocation.  
  (3)  Where a waiver is made in favour of th e owner or prospective owner of the copyright 
in the work or works to which it relates, it shall unless a contrary intention is expressed, be presumed 
to extend to his licensee s and successors in title.  
  (4) Nothing in this Part shall be constr ued as excluding the operation of the general law 
of contract or estoppel in relation to an informed wa iver or other transaction in relation to any of the 
rights to which this Part relates.  
 
Application of provisions to joint works  
 
19. (1)  A film is “jointly directed” if it is ma de by the collaboration of two or more directors 
and the contribution of each director is not distinct from that of the other director.  
 
 (2)  The right conferred by section 13 is, in th e case of a work of joint authorship, a right 
of each joint author to be identified as a joint author.  
  (3)  The right conferred by section 14 is, in th e case of a work or joint authorship, a right 
of each joint author and his right is satisfied if  he consents to the treatment in question.  
  (4)  A waiver of rights under section 18 by one joint author does not affect the rights of the other joint authors.    (5)  Subsections (1), (2) and (3) also apply,  with such modifications as are necessary, in 
relation to a film which was, or is alleged to have been, jointly directed as th ey apply to a work which 
is, or is alleged to be, a work of joint authorship.    (6)  The right conferred by section 16 is, in the case of a work made in pursuance of a joint commission, a right of each person who co mmissioned the making of the work, so that  
 
  (a) the right of each is satisfied if he  consents to the act in question; and  
   (b) a waiver under section 18 by one of them does not affect the rights in the 
 others.  
 Application of provisions to part of work 
 
20.  The rights conferred by     (a) sections 13 and 16 apply in relation to th e whole or any substantial part of a work; 
and  
  (b) sections 14 and 15 apply in relation to the whole or any part of a work.     IP/N/1/VCT/C/1 
 Page 29 
 
 
  PART IV – OWNERSHIP AND ASSIGNMENT OF RIGHTS 
 
Ownership of Copyright 
 
Ownership of copyright 
 
21.  (1)  Subject to this Act the author of a pr otected work is the first owner of any copyright 
in that work unless there is an  agreement to the contrary.  
  (2)  Subsection (1) shall not apply to co pyright subsisting in a work pursuant to 
section 41.  
  (3)  Where a protected work is  a work of joint authorship th e authors of the work shall be 
co-owners of the copyri ght in that work.  
 
 (4)  Where a protected work has been made by or under the direction or control of the 
Government and, apart from this subsection, no copyr ight would subsist in the work, then copyright 
shall subsist therein by virtue of this subsection and shall belong to the Crown.  
  (5)  The copyright subsisting in a protected  work which has, with the author’s written 
consent been first published in Saint Vincent and th e Grenadines by or under the direction of control 
of the Government shall initially belong to the Crown.  
  (6)  Subsection (5) shall have effect subject to any agreement whereby it is agreed that the 
copyright in the work shall vest in  the author or in some other person designated in the agreement.  
 
 (7)  For the purposes of this section th e term “agreement” includes any conditions 
regulating or applying to the employment of a person in the service of the Crown.   
Assignment and licences  
 
22.  (1)  Subject to this section, copyright in  a work may be transferred by assignment, by 
testamentary disposition or by operation of  law, as personal or moveable property.  
  (2)  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.   
 (3)  An assignment or other transfer of copyright may be partial, so as to apply 
   (a) to one or more, but not all, of the things the owner of the copyright has the 
 exclusive right to do; or 
   (b) to part, but not the whole, of the period for which copyright is to subsist.  
 
 (4)  A licence granted by the owner of copyright in a work shall be binding on every successor in title to his interest in copyright , except a purchaser in good faith for valuable 
consideration and without actual or constructive no tice of the licence or a person deriving title from 
the purchaser.  
 
 (5)  References in this Act to doing anything  with or without the licence of the owner of 
the copyright shall be construed accordingly.   IP/N/1/VCT/C/1 
Page 30  
 
  Prospective ownership of copyright  
 
23.  (1)  Where, by an agreement made in relatio n to any future 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 (i n this section referred to as the assignee), then, if on 
the coming into existence of the copyright, the assignee or another person claiming under him would 
be entitled as against all other persons to require the co pyright to be vested in him, wholly or partly as 
the case may be, the copyright shall vest, on coming in to existence, in the as signee or his successor in 
title by virtue of this subsection.   
 (2)  If, at a time when any copyright comes in to existence the person who, if he were then 
living would be entitled to the copyright is dead, the copyright shall devolve  as if it had subsisted 
immediately before his death and he had then been the owner of the copyright.    (3)  Subsection (4) of section 22 shall apply, in relation to a licence granted by a 
prospective owner of any copyright, as it applies in  relation to a licence granted by the owner of a 
subsisting copyright and as if any reference in that subsection to the owner’s in terest in the copyright 
included a reference to his prospective interest therein.   
Copyright in unpublished works passes under will  
 24.  (1)  Where under a bequest a person is entitled, beneficially or otherwise, to  
   (a) the manuscript or other support on  which a literary, dramatic, musical or 
 artistic work was first expressed in material form; or  
 
  (b) the material support embodying a sound recording or film,  
 and the work had not been published before the de ath of the testator, the bequest shall, unless a 
contrary intention is indicated in the testator’s w ill or a codicil to it, be construed as including the 
copyright   
in the work in so far as the testator was the owne r of the copyright immediately before his death.  
 
Moral rights not assignable  
 
25. The rights conferred under Part  III shall be not assignable.  
 
Transmission of moral rights on death  
 
26.  (1)  On the death of a person entitled to a ri ght conferred by sections 13, 14 or 16 the right 
passes   
  (a) to a person as he may by testamenta ry disposition specifically direct; or  
   (b) in the absence of any direction, then  if the copyright in the work in question 
 forms part of his estate, to person to whom the copyright passes,  
 
and to the extent that, the right does not pass under paragraph (a) or (b), it is exercisable by his 
personal representatives.    IP/N/1/VCT/C/1 
 Page 31 
 
 
   (2)  Where copyright forming part of a person ’s estate passes in part to one person and in 
part to another, any right which passes with th e copyright by virtue of subsection (1) is 
correspondingly divided.    (3)  Where by virtue of paragraph (a) or (b ) of subsection (1) a right becomes exercisable 
by more than one person, then;  
   (a) where the right is conferred by sec tion 14 or 16, it is a right exercisable by 
 each of them;  
 
  (b) where the right is conferred by section 13 or 16 it is a right exercisable by 
 each of them and is satisfied in relation to any of them if he consents to the 
 treatment or act in question; and 
   (c) any waiver of the right in accord ance with section 18 by one of them does not 
 affect the rights of the others.  
  (4)  A consent or waiver previously give n binds any person to whom a right passes by 
virtue of subsection (1).    (5)  Any infringement after a person’s deat h of the right conferred by section 15 is 
actionable by his personal representatives.  
  (6)  Any damages recovered by personal representatives by virtue of this section in respect of an infringement after a person’s death shall devolve as part of his estate as if the right of action had subsisted and been vested in  him immediately before his death.  
 
 
PART V – INFRINGEMENT OF RIGHTS 
 
Meaning of action  
 27. For the purposes of this Part “action” includes a counter claim, and refe rences to the claimant 
and to the defendant in an action shall be construed accordingly.  
 
Acts infringing copyright  
 28.  (1)  The copyright in a protected work is infringed by any person who, not being the 
owner of the copyright and without the licence of the owner of the work thereof     (a) does or authorises another unaut horised person to do any of the acts 
 mentioned in section 7 in relation to that work;  
 
  (b) imports an article otherwise than for his private and domestic use in Saint 
 Vincent and the Grenadines that he knows or has reason to believe is an  infringing copy of the work;  
   (c) in Saint Vincent and the Grenadines or  on any ship or aircraft registered in 
 Saint Vincent and the Grenadines,  
    (i) possesses in the course of business;   IP/N/1/VCT/C/1 
Page 32  
 
     (ii) sells, lets for hire, or by way of trade offers or exposes for sale or 
  hire; or  
    (iii) by way of trade exhibits in public,   
 an article which he knows or has reason to  believe is an infringing copy of the work.  
  (2)  Subsection (1) (c) shall apply, in relatio n to the distribution of any article either  
   (a) for the purposes of trade; or  
 
  (b) for other purposes, but only to such an extent as to affect prejudicially the 
 owner of the copyright 
 as it applies in relation to the sale of the article.  
 
 (3)  Copyright in a work is infringed by a person who, without the licence of the copyright owner,     (a)  makes;  
  (b)  imports into Saint Vincent and the Grenadines; 
   (c) possesses in the course of a business; or     (d) sells or lets for hire or offers for sale or hire,  
 
an article specifically designed or adapted for making copies of that work, knowing or having reason 
to believe that it is to be us ed to make infringing copies.  
  (4)  Copyright in a work is infringed by a person who, without the licence of the copyright owner, transmits the work by means of a telecommunications system otherwise than by 
broadcasting or inclusion in a cable programme ser vice; knowing or having reason to believe that 
infringing copies of the work will be made by mean s of the reception of the transmission in Saint 
Vincent and the Grenadines or elsewhere.    (5)  Where the copyright in a literary, dr amatic or musical work is infringed by a 
performance at a place of public entertainment, an y person who gave permission for that place to be 
used for the performance is also liable for th e infringement unless when he gave permission he 
believed, on reasonable grounds that the perfo rmance would not infringe copyright.  
  (6)  Where copyright in a work is infringed by a public performance of the work or by 
playing or showing of the work in public by means of apparatus for playing sound recordings or 
showing films or receiving visual images or sounds conveyed by electronic means, the person 
specified in subsection (8) is al so liable for the infringement.  
  (7)  The person referred to in subsection (6 ) is a person who, when he supplied the 
apparatus or part of it  
 
  (a) knew or had reason to believe that th e apparatus was likely to be used as to 
 infringe copyright; or  
  IP/N/1/VCT/C/1 
 Page 33 
 
 
    (b) in the case of an apparatus which normal use involves a public performance, 
 playing or showing, he did not believe  on reasonable grounds that it would be 
 so used to infringe copyright.  
  (8)  An occupier of premises who gave pe rmission for the apparatus to be brought onto 
the premises, is liable for the infringement, if wh en he gave permission he knew or had reason to 
believe that the apparatus was likely to be so used as to infringe copyright.  
  (9)  A person who supplied a copy of a sound recording or film used to infringe copyright is liable for the infringement, if when he supplied it  he knew or had reason to believe that what he 
supplied or a copy made directly or indirectly from it, was likely to be so used as to infringe 
copyright.   
Remedies for Infringement of Economic Rights 
 
Action by owner of copyright for infringement  
 
29.  (1)  An infringement of copyright shall be actionable in the Court at the suit of the copyright owner, and subject to the provisions of th is section, in any action for such an infringement 
all relief by way of damages, injunction, accounts or ot herwise, shall be available to the claimant as is 
available in any corresponding proceedings in respect of the infringements of other proprietary rights.  
 
 (2)  Where, in an action for infringement of copyright, it is proved or admitted that     (a) an infringement was committed; but   
  (b) at the time of the infringement the defendant was not aware and had no 
 reasonable grounds for suspecting, that copyright subsisted in the work which 
 the action relates,  
 the claimant shall not be entitled under this section to  any damages against the defendant in respect of 
the infringement but shall be entitled to an account of  profits in respect of the infringement whether 
any other relief is granted under this section or not.  
  (3)  Where in an action under this section an infringement of copyright is proved or admitted, the Court, having regard to the flagra ncy of the infringement, shall have power in assessing 
damages for the infringement, to award such a dditional damages as the Court may consider 
appropriate in the circumstances.  
  (4)  In an action for infringement of copyright in respect of the construction of a building, no injunction or other order shall be made     (a) after the construction of the buildin g has begun, so as to prevent it from being 
 completed; or  
   (b) so as to require the building in so far as it has been constructed, to be 
 demolished.  
 IP/N/1/VCT/C/1 
Page 34  
 
  Order for delivery up in civil proceedings 
 
30. (1)  Subject to the provisions of this section where a person     (a) in the course of his business has an infringing copy of a work in his 
 possession, custody or control; or  
   (b) has in his possession, custody or c ontrol 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 to such other person as the Court may direct.    (2)  An application under subsection (1) sh all not be made after the end of the period 
specified in section 138 and no order shall be made un less the Court also makes, or it appears to the 
Court that there are grounds for making, an order under section 135 for the disposal of the infringing copies.    (3)  A person to whom an infringing copy or other article is delivered up pursuant to an 
order made under this section shall, if an order under section 135 is not made , retain it pending the 
making of an order or the decision not to  make an order, under that section.  
 
Right to seize infringing copies 
 
31.  (1)  Subject to any decision of the Court under section 135 and to the conditions specified 
under subsections (2), (3), and (4) of this section, an infringing copy of a work which is found to be 
exposed or otherwise immediately available for sale  or hire, and in respect of which the copyright 
owner would be entitled to apply for an order under section 30 may be seized and detained by him or 
a person authorised by him.    (2)  Prior to the seizure of anything under this section notice of the time and place of the 
proposed seizure shall be given to the nearest police station.  
  (3)  At the time that anything is seized under this section there shall be left at the place 
where it was seized a notice in the prescribed form containing the prescribed particulars as to the 
person by whom or on whose authority the seizure is made and the grounds on which it is made.  
 
 (4)  For the purposes of this section “pre mises” includes land, buildings, fixed or 
moveable structures, vehicles, vessels and aircraft.   
Wide injunction available to licensing bodies 
 32.  Where, in an action under this Part  
  (a) the infringement of copyright is proved or admitted;    (b) the plaintiff is a licensing body as defined in section 84 and;  
 
 (c) the Court having regard to all material circumstances is satisfied that effective relief 
would not otherwise be available to the claimant,  
  IP/N/1/VCT/C/1 
 Page 35 
 
 
  the Court may grant an injunction extending to all the protected works of which the claimant is an 
owner of the copyright notwithstanding that the infringement related to only one or some of the 
works.   
Definition of exclusive license  
 
33.  (1)  For the purposes of this section, “exclusive licence” means a licence in writing, 
signed by or on behalf of an owner or prospective owner of copyright, authorising the licensee, to the 
exclusion of all other persons, including the grantor of the license, to exercise a right which by virtue 
of this Act would apart from the licensee be exerci sable exclusively by the owner of the copyright.  
 
 (2)  Subject to the following provisions of this section an exclusive licensee shall have, 
except against the copyright owner, the same rights a nd remedies in respect of matters occurring after 
the grant of the licence as if the licence had been an assignment.  
 
 (3)  Where an action is brought either by the owner of the copyright or by the exclusive 
licensee, and the action, in so far as it is brought under section 29, relates to an infringement in respect 
of which the owner and the exclusive licensee have c oncurrent rights of action under this section, the 
owner or exclusive licensee as the case may be, sha ll not be entitled, except with the leave of the 
Court to proceed with the action, in so far as it is brought under that section and relates to that 
infringement, unless the other party is either joined as a claimant in the action or added as defendant, 
save that this section shall not affect the granting of  an interlocutory injunction on the application of 
either of them.    (4)  In any action brought by the exclusive li censee by virtue of this section, any defence 
which would have been available to a respondent in  the action, if this section had not been enacted 
and the action had been brought by the owner of the co pyright shall be available to that respondent as 
against the exclusive licensee,     (a) if the claimant is the exclusive li censee, shall take into account any liabilities 
 in respect of royalties or otherwise,  to which the licence is subject; and  
 
  (b) whether the claimant is the owner of  the copyright or the exclusive licensee, 
 shall take into account any pecuniary remedy already awarded to the other 
 party under section 29 in respect of that infringement, or, as the case may  require, any right of action exercisable by the other party under that section in  respect thereof.  
 
 (5)  Where an action is brought in the circ umstances mentioned in subsection (2) and the 
owner of the copyright and the exclusive licensee ar e not both claimants in the action, the court in 
assessing damages in respect of any such infring ement as is mentioned in that subsection:  
   (a) if the plaintiff is the exclusive licensee, shall take into account any liabilities 
 (in respect of royalties or otherwise)  to which the licence is subject; and  
   (b) whether the plaintiff is the owner of the copyright or the exclusive licensee, 
 shall take into account any pecuniary remedy already awarded to the other 
 party under section 29 in respect of that infringement, or, as the case may 
 require, any right of action exercisable by the other party under that section in 
 respect thereof.  
  (6)  Where an action, in so far as it is brought under section 29, relates wholly or partly to an infringement in respect of which the owner of the copyright and the exclusive licensee have IP/N/1/VCT/C/1 
Page 36  
 
  concurrent rights of action under that section, and in that action whether they are both parties to it or 
not; an account of profits is directed to be taken in  respect of that infringement, then, subject to any 
agreement of which the Court is aware whereby the application of those profits is determined as 
between the owner of the copyright and the exclus ive licensee, the Court shall apportion the profits 
between them as the Court may consider just and sha ll give such directions as the Court may consider 
appropriate for giving effect to that apportionment.  
  (7)  In an action brought either by the owner of the copyright or by the exclusive licensee  
   (a) no judgement or order for the payment of damages in respect of an 
 infringement of copyright shall be given or made under section 29, if a final 
 judgement or order has been given or made awarding an account of profits to 
 the other party under that section in respect of the same infringement; and  
   (b) no judgement or order for an account of profits in respect of an infringement 
 of copyright shall be given or made unde r that section, if a final judgement or 
 order has been given or made awar ding either damages or an account of 
 profits to the other party under that section in respect of the same  infringement.  
  (8)  Where, in an action brought in the circumstances mentioned in subsection (2), 
whether by the owner of the copyright or by the exclusive licensee, the other party is not joined as a 
claimant either at the commencement of the action or subsequently but is added as a defendant, he 
shall not be liable for any costs in the action unl ess he enters an appearance and takes part in the 
proceedings.   
 (9)  The copyright owner sh all notify any exclusive licensee having concurrent rights 
before applying under section 30 for an order for th e delivery up of infringing copies of a work or 
before exercising the right of seizure under section 31; and the Court may, on the application of the 
licensee, if it thinks fit, having regard to the terms of the licence, make an order under section 30 or make an order prohibiting or permitting the exerci se by the copyright owner of the right conferred 
under section 31.  
 
Moral and Related Rights 
 
Infringement of right to be identified as author or director  
 34.  (1)  Subject to subsection (2), the right conferred by section 13 is infringed by any person 
who fails to identify the author of a work or the di rector of a film whenever any action specified in 
that section occurs in relation to that work or film.    (2)  The following acts shall not constitute an infringement of the right conferred by section 13 in relation to a work to the extent that such acts are permitted under Part VI in relation to 
the work:  
   (a) fair dealing with the work for the purposes of criticism, review or the 
 reporting of current events by means of a sound recording, film, broadcast or  cable 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;   IP/N/1/VCT/C/1 
 Page 37 
 
 
   
  (d) acts done for the purposes of parliamentary or judicial proceedings or 
 proceedings of a statutory inquiry;  
   (e) the use of design documents and models;  
 
  (f) the use of a design derived from artistic work;     (g) acts permitted in relation to anon ymous or pseudonymous works on the 
 assumption that copyright in the work has expired or that the author is dead.  
 
Infringement of right to object to derogatory treatment of work 
 
35.  (1)  For the purposes of this section “der ogatory treatment” has the same meaning as that 
specified in section 14. 
 
 (2)  The right conferred on an author and a dir ector by section 13 to object to derogatory 
treatment of his work is infringed where the follo wing acts are done in relation to that work:  
   (a) in the case of a literary, dramatic or  musical work, the right is infringed by a 
 person who,  
 
  (i) publishes commercially, performs in  public, broadcasts or includes in 
 a cable programme service, a deroga tory treatment of the work; or  
   (ii) issues to the public copies of a film or sound recording of or 
 including a derogatory treatment of the work.  
   (b) in the case of an artistic work, the right is infringed by a person who,  
    (i) publishes commercially or exhib its 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;  
    (ii) shows in public a film which includes a visual image of a derogatory 
  treatment of the work or issues to the public copies of such film; or  
 
  (iii) in the case of a work of architecture in the form of a model for a 
 building or in the case of a sculpture  or work of craftsmanship issues  to the public copies of a graphic work representing or of a  photograph of, a derogatory treatment of the work;  
   (c) paragraph (b) does not apply to a work of architecture in the form of a 
 building; but where the author of such a work is identified on the building 
 and it is the subject of derogatory treatment, he has the right to require the  identification to be removed;  
   (d) in the case of a film, the right is infringed by a person who,  
 
   (i) shows in public, broadcasts or includes in a cable programme service 
  a derogatory treatment of the film; or  
    (ii) issues to the public copies of a derogatory treatment of the film,  IP/N/1/VCT/C/1 
Page 38  
 
   
or who, along with the film, plays in public, broadcasts or includes in a cable programme service, or issues to the public copies of, a derogatory treatment of the film sound track. 
 Infringement by possession of infringing article  
 
36.  (1) The right conferred by section 14 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 course of a business, exhi bits in public or distributes; or  
 
  (d) distributes otherwise than in th e course of a business, so as to affect 
 prejudicially the honour or reputation of the author or director,  
 an article that is, and which he knows or has reason to believe is an infringing article.  
  (2)  For the purposes of this section, an “i nfringing article” means a work or a copy of a 
work which  
   (a) has been subjected to derogatory treatment as defined in section 14; and     (b) has been or is likely to be subject of any of the acts mentioned in section 35 
 in circumstances infringing that right.  
 
False attribution of work infringement of right  
 
37.  (1)  Subject to the provisions of this section, the right conferred on a person not to have a literary, dramatic, musical or artistic work falsely a ttributed to him as author, is infringed by a person 
who  
   (a) issues to the public copies of a work  of any of those descriptions in or on 
 which there is a false attribution; or  
 
  (b) exhibits in public an artistic work or  a copy of an artistic work in or on which 
 there is false attribution.  
  (2)  The right conferred on a person not to have a film falsely attributed to him as director is infringed by a person who issues to the public copi es of a work of any person of those descriptions 
in or on which there is a false attribution  
 
  (a) in the case of a literary, dramatic or musical work, performs the work in 
 public, broadcasts it or includes it in a cable programme service as being the  work of a person; or  
 
  (b) in the case of a film, shows it in pub lic, broadcasts it or includes it in a cable 
 programme service as being directed by a person,  
   who knows or ought to have known that the attribution is false    IP/N/1/VCT/C/1 
 Page 39 
 
 
    (c) in the course of a business  
    (i) possesses or deals with a copy of  a work referred to in subsection (1) 
  in or on which there is a false attribution; or  
 
  (ii) in the case of an artistic work , possesses or deals with the work itself 
 when there is a false attribution in or on it,  
   knowing or having reason to believe that ther e is an attribution and that it is false.  
 
  (d) in the case of an artistic work,  
    (i) deals with a work which has been  altered after the author parted with 
  possession of it as being the unaltered work of the author; or  
 
   (ii) 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 this is not the case.    (3)  For the purposes of this section,  
 
  (a) “attribution” in relation to a work means a statement expressed or implied, as 
 to who is the author or director;  
   (b) references to dealing are to selling or  letting for hire, offering or exposing for 
 sale or hire, exhibiting in public or distributing.  
  (4)  This section shall apply where, contrary to the fact,     (a) a literary, dramatic or musical work is falsely represented as being an 
 adaptation of the work of a person; or  
 
  (b) a copy of an artistic work is falsely represented as being a copy made by the 
 author of the artistic work,  
   as it applies where the work is falsely attributed to a person as author.  
 
Infringement of privacy right in photographs, etc.  
 
38.  The right conferred by section 16 in relation to a commissioned photograph or film is infringed by a person who does or authorises the doing of any act mentioned in that section in relation 
to that work; but the right is not infringed by an y act which, pursuant to Part VI would not infringe 
copyright in the work.  
 
Remedies for Infringement of Moral Rights and Related Rights 
 
Remedies for infringing moral rights etc.  
 
39.  (1)  The infringement of a right conferre d under section 13, 14, 15, or 16 is actionable as a 
breach of statutory duty owed to the person entitled to the right.  
 IP/N/1/VCT/C/1 
Page 40  
 
   (2)  In an action for infringement of the right conferred by section 14, the Court may, if it 
thinks it an adequate remedy in the circumstances, grant an injunction on terms prohibiting the doing of any act unless a disclaimer is made on such term s and in such manner as may be approved by the 
Court, disassociating the author or director from the treatment of the work.   
 (3) Where in any action an infringement of a right referred to in subsection (1) is proved 
or admitted, the Court may order the defendant to  publish such correction in the terms and in a 
manner as the Court may direct.   
Presumptions 
 
Presumptions as to subsistence and ownership of copyright 
 
40. In an action brought by virtue of this Part,   
 (a) copyright shall be presumed to subsist in  the work to which the action relates if the 
defendant does not put in issue the question whether copyright subsists therein;  
  (b) where the subsistence of the copyright is proved or is presumed in pursuance of 
paragraph (a), the claimant shall be presumed  to be the owner of the copyright, if he 
claims to be the owner of it  and the defendant does not put in issue the question of his 
ownership thereof; and  
  (c) if the question arises as to whether an article  is an infringing copy of a work and it is 
shown,  
 
  (i) that the article is a copy of the work; and  
   (ii) that the copyright subsists in the work or has subsisted at any time   
it shall be presumed until the contrary is proved that the article was made at a time when 
copyright subsisted in the work.  
 
Presumption in relation to authorship of protected works 
 
41. (1)  Subject to section 40, where in the case of a protected work, a name purporting to be that of the author appears on copies of the work  as published or, in the case of an artistic work, 
appeared on the work when it was made, the person w hose name appears, shall, in any action brought 
by virtue of this Part, be presumed, unless th e contrary is proved, to be the author.  
  (2) In the case of a protected work alleged to be a work of joint ownership, subsection (1) 
shall apply in relation to each pers on alleged to be one of the authors of the work as if references in 
the subsection to the author were re ferences to one of the authors.  
 
 (3)  Where in an action brought by virtue of  this Part with respect to a protected work, 
subsection (1) does not apply, but it is established that     (a) pursuant to paragraph (b) in secti on 6 (1) the work qualifies for copyright 
 protection by virtue of the country of first publication; and  
   (b) a name purporting to be that of the publisher appeared on copies of the work 
 as first published,  
  IP/N/1/VCT/C/1 
 Page 41 
 
 
  then, unless the contrary is proved,  copyright shall be presumed to s ubsist in the work and the person 
whose name so appeared shall be presumed to have b een the owner of the copyright at the time of the 
publication.    (4)  Where in an action brought by virtue of th is Part with respect to a protected work it is 
established that the author of the work is dead  
   (a) the work shall be presumed to be an original work unless the contrary is 
 proved; and  
 
  (b) if it is alleged by the claimant th at a publication specified in the allegation 
 was the first publication of the work and it took place in a country and on a  date so specified, that publication shall be presumed, unless the contrary is  proved, to have been the first publicatio n of the work and to have taken place 
 in that country and on that date.  
 
 (5)  For the purpose of this section, a fact sha ll be taken to be established if it is proved or 
admitted or if it is presumed in pursuance of this section.   
Presumptions where action relates to sound recordings, films and computer programme  
 42.  (1)  In an action brought by virtue of this Part with respect to a sound recording, film or 
computer programme, the presumptions specified in this section shall apply.    (2)  In an action brought by virtue of this  Part with respect to a sound recording, where 
copies of the recording as issued to the pub lic 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 publis hed in a specified year or in a named 
 country,  
 
the label or mark shall be admissible as evidence of  the facts stated and shall be presumed to be 
correct until the contrary is proved.    (3)  In an action brought by virtue of this Part with respect to a film, where copies of the 
film as issued to the public bear a statement  
   (a) that a named person was the author or director of the film;     (b) that a named person was the owner of copyright in the film at the date of 
 issue of the copies; or  
 
  (c) that the film was first published in a specified year or in a named country,   the statement shall be admissible as evidence of the facts stated and shall be presumed to be correct 
until the contrary is proved.  
 
 (4)  In an action brought by virtue of this Part with respect to a computer programme, where copies of the programme are issued to the p ublic in electronic form bearing a statement,  
 IP/N/1/VCT/C/1 
Page 42  
 
    (a) that a named person was the owner of  copyright in the programme at the date 
 of issue of the copies; or  
   (b) that the programme was first published in a named country or that copies of it 
 were first issued to the public in electronic form in a specified year, the 
 statement shall be admissible as evid ence of the facts stated and shall be 
 presumed to be correct until the contrary is proved.  
  (5) The presumptions specified in subsections (2), (3) and (4) apply in an action relating 
to an infringement alleged to have occurred before the date on which the copies were issued to the 
public.  
  (6)  In an action brought by virtue of this Part with respect to a film, where the film as 
shown in public, broadcast or included in a cable programme service bears a statement   
  (a) that a named person was 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 shall be presumed to be correct 
until the contrary is proved.  
  (7)  Pursuant to subsection (1) the presumptions  shall also apply in an action relating to an 
infringement alleged to have o ccurred before the date on which the film was shown in public, 
broadcast or included in a cable programme service.  
 
Offences 
 
Withdrawal of privilege against illumination of  self or spouse in infringement and related 
proceedings 
 43.  (1)  For the purposes of this section “relat ed offence” in relation to any proceedings to 
which subsection (2) applies means,    (a)  in the case of proceedings within subsection (3) (a) or (b),   
  (i)  any offence committed by or in the course of the infringement to 
 which those proceedings relate; or  
   (ii) any offence not within subparagraph (1) committed in connection 
 with that infringement being an offence involving fraud or  dishonesty;  
 
  (b) in the case of proceedings within section 3 (c) any offence revealed by the 
 facts on which the claimant relies in those proceedings;  
 “related penalty” in relation to any proceedi ngs to which subsection (2) applies, means, 
 
  (a) in the case of proceedings within subsection (3) (a) or (b), any penalty 
 incurred in respect of anything done  or omitted in connection with the 
 infringement to which those proceedings relate;   
  IP/N/1/VCT/C/1 
 Page 43 
 
 
    (b) in the case of proceedings within  subsection 3 (c) any penalty incurred in 
 respect of any act or omission revealed by the facts on which the claimant  relies in those proceedings.  
  (2)  In any proceedings to which this sub section applies a person shall not be excused, by 
reason of the fact that to do so would tend to expo se that person, or his or her spouse, to proceedings 
for a related offence or for the recovery of a related penalty     (a) from answering any question put to that person in the first mentioned 
 proceedings; or  
 
  (b) from complying with any order made in those proceedings.    (3)  Subsection (2) applies to the following ci vil proceedings in the High Court, namely:  
 
  (a) proceedings for infringement of copyright;  
   (b) proceedings brought to obtain di sclosure of information relating to any 
 infringement of such rights; and  
   (c) proceedings brought to prevent any a pprehended infringement of such rights.  
 
 (4)  Subject to subsection (5), no statement or admission made by a person     (a) in answering a question put to him in any proceedings to which 
 subsection (2) applies; or  
 
  (b) in complying with an orde r made in any such proceedings,  
 shall, in proceedings for any related offence or fo r the recovery of any related penalty, be admissible 
in evidence against that person or ag ainst the spouse of that person.  
 
 (5)  Nothing in subsection (4) shall render any statement or admission made by a person 
as therein mentioned inadmissible in evidence agains t that person in proceedings in the Court.  
  (6)  Any reference in this section to civil proceedings in the High Court of any description 
includes a reference to proceedings on appeal arising out of civil proceedings in the High Court of that 
description.  
 
Offences in respect of dealings which infringe copyright  
 
44.  (1)  Any person who, without a licence of the copyright owner, at a time when copyright in a work subsists by virtue of this Act  
 
  (a) makes for sale or hire; or     (b) in the course of a business sells or lets for hire, or offers or exposes for sale 
 or hire, exhibits in public or distributes;   
 
  (c) imports into Saint Vincent and the Grenadines for purposes other than his 
 private and domestic use; or  
 IP/N/1/VCT/C/1 
Page 44  
 
    (d) distributes otherwise than in the co urse of a business to such an extent as to 
 affect prejudicially the owner of the copyright,  
 any article which he knows or has reason to believe is an infringing copy of that work, commits an 
offence.  
 (2)  Any person who, at the time when copyright  subsists in a work by virtue of this Act 
makes or has in his possession an article specifical ly designed or adapted for making copies of a 
particular work, knowing that it is to be used for ma king infringing copies for sale or hire or for use in 
the course of business, commits an offence.   
 (3) Any person who causes  
   (a) a literary, dramatic or musical work to be performed in public; or     (b) a sound recording or film to be played, or as the case may be, shown in 
 public, otherwise than by reception of a broadcast or cable programme, 
 knowing or having reason to believe that  copyright subsists in the work or 
 that the performance constitutes an infringement of the copyright,  
  commits an offence.   
 (4)  Any person who is convicted of an of fence under subsection (1) shall be liable on 
summary conviction in the case of a first convic tion to a fine not exceeding five thousand five 
hundred dollars for each article to which the offen ce is related, and in the case of any subsequent 
conviction, to a fine as may be determined by the Magistrates Court or to imprisonment for a term not 
exceeding two years.  
 
 (5)  Any person who is convicted of an offe nce under this section, other than an offence 
referred to under subsection (1), shall be liable on summary conviction to a fine not exceeding one 
thousand five hundred dollars and, in the case of an y subsequent conviction to such fine, or to 
imprisonment for a term not exceeding twelve months.   
 (6)  For the purposes of this Part “article ”includes every infringed copy of a work.  
 
Presumptions not to apply  
 
45. The presumptions specified in sections 40 and 41 do not apply to proceedings for an offence 
under section 444 but without prejudice to their application to proceedings for an order under 
section 46.    
Order to deliver up in criminal proceedings  
 
46.  (1)  Subject to subsection (2), the Court before which proceedings are brought against a 
person for an offence under section 46 may, if it is satis fied that at the time of his arrest or charge  
   (a) he had in his possession, custody or control in the course of a business an 
 infringing copy of a protected work; or  
 
  (b) he had in his possession, custody or control an article specifically designed or 
 adapted for making copies of a particul ar protected work knowing or ought to 
 have known that it has been or was to be used to make infringing copies,  
  IP/N/1/VCT/C/1 
 Page 45 
 
 
  order that the infringing copy or article be delivered  up to the copyright owner or to any other person 
as the Court may direct.    (2)  An order may be made by the Court of  its own motion or on the application of the 
prosecution and such order may be made whether or not the person is convicted of the offence, so, 
however, that the Court shall not make an order  
   (a) after the time specified in section 133, or     (b) if it appears to the Court unlikely that any order will be made under 
 section 134.  
  (3)  An appeal lies from an order made under this section to the Court of Appeal.    (4)  A person to whom an infringing copy or  other article is delivered up in pursuance of 
an order under this section shall retain it pending th e making of an order or the decision not to make 
an order under section 135.   
Supplementary 
 
Application of provisions of re-entry 
 
47.  For the purposes of this Part, the provisions of sections 131 and 132 shall apply in respect of 
the entry and search of any premises.   
Provisions for restricting importation of infringing copies  
 
48.  (1)  The owner of the copyright in any published literary, dramatic or musical work may 
give notice in writing to the Comptroller     (a) that he is the owner of the copyright in the work; and   
  (b) that he requests the Comptroller during a period specified in the notice to 
 treat as prohibited goods copies of the work, film, or sound recording to  which this section applies.  
  (2)  The period specified in a notice given under subsection (1) shall not exceed five years 
and shall not extend beyond the end of the pe riod for which the copyright may subsist.  
  (3)  This section shall apply in the case of a literary or musical work, film or sound recording, to any copy made outside Saint Vincent and the Grenadines which is an infringing copy of 
the work, film or sound recording.   
 (4)  Where a notice has been given under this  section in respect of a literary or a musical 
work, film or sound recording and has not been w ithdrawn, the importation into  Saint Vincent and 
the Grenadines at a time before the end of the period specified in the notice, of  any copy of the work, 
film or sound recording to which this section appli es shall, subject to the fo llowing provisions of this 
section, be prohibited, but this subsection shall not apply to the importation of any article by a person 
for his private and domestic use.  
 IP/N/1/VCT/C/1 
Page 46  
 
   (5)  The owner of the copyright in a literary  or musical work, film or sound recording 
who gives notice to the Comptroller under this sectio n shall comply with such conditions with respect 
to     (a)  the form of the notice; 
 
  (b)  the furnishing of evidence;    (c)  the payment of fees;  
  (d)  the giving of security; and 
   (e) any other incidental or supplementary matters  as may be prescribed.  
 
No. 14 of 1999  
 
(6)  Notwithstanding any provision in the Custom s (Control and Management) Act, a person shall 
not be liable to any penalty under that Act, other th an forfeiture of the goods, by reason that any goods 
are prohibited by virtue of this section.  
 
 
PART VI – EXCEPTIONS TO INFRINGEMENT OF COPYRIGHT 
 
Preliminary 
 
Definitions  
 
49. (1)  For the purposes of this Part;     “facsimile copy” includes a copy which is reduced or enlarged in scale;  
 
 “sufficient acknowledgement” means an ac knowledgement identifying the work in 
 question by its title or other description and, unless the work is anonymous,  or the author has previously agreed  or required that no acknowledgement of 
 his name should be made, also identifying the author.  
 
General Exceptions 
 
Research and private study  
 
50.  (1)  Subject to section 52, fair dealing with a literary, dramatic, musical or artistic work 
for the purposes of research or private study does no t infringe copyright in th e work or, in the case of 
a published edition, in the typographical arrangement.    (2)  Copyright by a person other than the researcher or student himself is not fair dealing if  
 
  (a) in the case of a librarian, or a person acting on behalf of a librarian he does 
 anything which regulations, would not  permit to be done under section 62 (a) 
 or 63 (1) (b);  
  IP/N/1/VCT/C/1 
 Page 47 
 
 
    (b) in any other case, the person doing the copyright knows or has reason to 
 believe it will result in copies of s ubstantially the same material being 
 provided to more than one person at substantially the same time for 
 substantially the same purpose.  
 Criticism, review and reporting  
 
51.  (1)  Subject to section 52 fair dealing w ith a work for the purposes of criticism or review, 
of that or another work or of a performance of a work, does not infringe any copyright in the work 
provided it is accompanied by a sufficient acknowledgement.  
 
 (2)  Subject to subsection (3) and section 53, fa ir dealing with a protected 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 acknowledgement.   
 (3)  No acknowledgement is required in conn ection with the reporting of current events 
by means of a sound recording, film, broadcast or cable programme.   
Determining fair dealing 
 
52.  For the purpose of determining whether an act  done in relation to a work constitutes fair 
dealing, the Court in determining the question shall ta ke account of all factors which appear to it to be 
relevant, including    (a) the nature of the work in question;   
 (b) the extent and substantiality of that part of the work affected by the act in relation to 
the whole of the work;  
  (c) the purpose and character of the use; and    (d) the effect of the act upon the potentia l market for or the commercial value of the 
work.  
 
Incidental inclusion of protected work 
 
53.  Copyright in a work is not infringed  
 
 (a) by its incidental inclusion in an artis tic work, sound recording, film, broadcast or 
cable programme; or  
  (b) by the issue to the public of copies or the playing, showing, broadcasting or inclusion 
in a cable programme service of anything whose making was not an infringement of 
copyright by virtue of paragraph (a),  
 and for the purposes of this section, a musical work, words spoken or sung with music, or so much of 
a sound recording, broadcast or cable programme as includes a musical work or such words, shall not 
be regarded as incidentally included if it is deliberately included.  
 IP/N/1/VCT/C/1 
Page 48  
 
  Anonymous and pseudonymous literary works 
 
54.  (1)  Copyright in a literary, dramatic, musical or artistic work is not infringed by any act 
done at a time when, or in pursuance of an arrangement made at any time when   
  (a) it is not possible by reasonable inquiry to ascertain the identity of the author; 
 and  
   (b) it is reasonable to assume that   
   (i) the copyright has expired; or  
    (ii) the author died seventy five years or more before the beginning of the 
  calendar year in which the act is done or the arrangements are made.  
 
 (2)  Subsection (1) (b) (ii) does not apply in relation to work in which copyright originally 
vested in an international organization by virtue of section 143 and in respect of which an order under 
that section specified a copyright period  longer than seventy five years.  
  (3) In relation to a work of joint authorship   
  (a) the reference in subsection (1) to its  being possible to ascertain the identity of 
 the author shall be construed as a refe rence to its being possible to ascertain 
 the identity of any of the authors; and  
   (b) the reference in subsection (1) (b) (ii) to the author having died shall be 
 construed as a reference to all the authors having died.  
 
Use of notes of recordings of spoken words, etc.  
 
55.  (1)  Where a record of spoken word is made, in writing or otherwise, for the purpose of; 
 
  (a) reporting current events; or  
   (b) broadcasting or including in a cable  programme service the whole or part of 
 the work,  
 
it is not an infringement of any copyright in the word s as a literary work to use the record or material 
taken from it for that purpose providing the cond itions specified in subsection (2) are met.  
  (2)  The conditions referred to in subsection (1) are that     (a) the record is a direct record of the spoken words and is not taken from a 
 previous record or from a broadcast or cable programme;  
   (b) the making of the record was not  prohibited by the speaker and, where 
 copyright already subsisted in th e work, did not infringe copyright;  
 
  (c) the use of the record or material taken from it is not 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.   IP/N/1/VCT/C/1 
 Page 49 
 
 
   
Use of Work for Educational Purposes 
 
Acts done for purposes of instruction or examination  
 56.  (1)  Copyright in a literary, dramatic, musical or artistic work is not infringed by being 
copied in the course of instruction or of preparati on for instruction, provided the copying is done by a 
person giving or receiving inst ruction and is not by means of a reprographic process.  
  (2)  Copyright in a sound recording, film, broadcast or cable programme is not infringed 
by its being copied by making a film or film sound-tr ack in the course of instruction, or of preparation 
for instruction in the making of films or film s ound-tracks, provided the copying is done by a person 
giving or receiving instruction.    (3)  Copyright in a work is not infringed by anything done for the purposes of an 
examination by way of setting the questions, commun icating the questions to candidates or answering 
the questions.   
Anthologies for educational use  
 
57.  (1)  The inclusion, in a collection intende d for use in educational institutions of a short 
passage from a published literary or dramatic work  does not infringe copyright in the work if  
   (a) the collection is described in th e title and in any advertisements thereof 
 issued by or on behalf of the publisher, as being so intended;  
 
  (b) the work was not itself published fo r the use of educational institutions;  
   (c) the collection consists mainly of ma terial in which no copyright subsists;  
   (d) the inclusion is accompanied by a sufficient acknowledgement; and   
  (e) not more than one other such passag e or parts from works by the same author 
 is published by the same publisher within the period of five years  immediately preceding the publication of that collection.  
  (2)  Subsection (1) does not authorise the inclusion of more than two excerpts from 
protected works by the same author in collections published by the same publisher over any period of 
five years.    (3)  In relation to any given passage, the reference in subsection (2) to excerpts from 
works by the same author   
  (a) shall be taken to include excerpt s from works by him in collaboration with 
 another; and  
   (b) if the passage in question is from such a work, shall be taken to include 
 excerpts from works by any of the auth ors, whether alone or in collaboration 
 with another.  
 IP/N/1/VCT/C/1 
Page 50  
 
  Performing, playing or showing works in course of educational activities 
 
58.  (1)  The performance of a literary, dram atic or musical work before an audience 
consisting of teachers and pupils at an educationa l institution and other persons directly connected 
with the activities of the institution,  
 
  (a) by a teacher or pupil in the course of the activities of the institution; or     (b) at the institution by any person for the purposes of the instruction;  
 
is not a public programme for the pur poses of infringement of copyright.  
  (2) The play or showing of a sound recordi ng, film, broadcast or cable programme before 
such an audience at an educational institution fo r the purposes of instruction is not a playing or 
showing of the work in public for the pur poses of the infringement of copyright.  
 
 (3)  A person is not for this purpose directly connected with the activities of the educational institution simply because he is th e parent of the pupil at the institution.  
 
Recording of broadcast by educational establishments  
 59.  (1)  Subject to subsection (2), a recording of a broadcast or cable broadcast programme or 
a copy of such a recording may be made by or  on behalf of an educa tional institution for the 
educational purposes of that institution without ther eby infringing the copyright in the broadcast or 
cable programme or in any work included in it.   
 (2)  Subsection (1) shall not apply if or to  the extent that, there is a licensing scheme 
under which licences are available authorising the ma king of the recordings or copies, and the person 
making the recordings knows or ought to have been aware of that fact.   
Restriction on reprographic copying from published works  
 60.  (1)  Subject to the provisions of this section, reprographic copies of passages from 
published literary, dramatic or musical work may be made by or on behalf of an educational 
institution for the purposes of instru ction without infringing any copy right in the work or in the 
typographical arrangement.   
 (2)  Not more than one percent of any wo rk may be copied by or on behalf of an 
educational institution by virtue of this section in any quarter, that is to say, in any period 1st January 
to 31st March, 1st April to 30th June, 1st July to  30th September, 1st October to 31st December.  
  (3)  Copyright is not authorised by this secti on if, or to the extent that, there is a licensing 
scheme under which licences are available authorisin g the copying in question and the person making 
the copies know or ought to have been aware of that fact.  
  (4)  Where a licence is granted to an edu cational institution authorising the reprographic 
copying of passages from any published literary, drama tic or, musical work, for use by the institution, 
then, any term of that licence which purports to restrict the proportion of work which may be copied 
whether on payment or free of charge, to less than  that permitted under this section shall be of no 
effect.    IP/N/1/VCT/C/1 
 Page 51 
 
 
  Subsequent dealing with authorised copies  
 
61.  (1)  Where a copy of a work would be an  infringing copy if the making thereof were not 
authorised under section 56, 59 or 660 and such copy is subsequently dealt with, it shall be treated as 
an infringing copy for the purposes of that dealing a nd, if that dealing infringes copyright, for all 
subsequent purposes.  
  (2)  For the purposes of this section “dealt with ” means sold, or let fo r hire or offered or 
exposed for sale or hire.   
Exceptions affecting Libraries and Archives 
 
Interpretation of references  
 
62.  (1)  In sections 62 to 66 references to “lib rarian” or “archivist” include references to a 
person acting on his behalf.  
  (2)  Regulations may provide that a librarian or archivist who is required to be satisfied as 
to a material matter before making or supplying a copy of a work     (a) is entitled to rely on a declarati on as to that matter, signed by the person 
 requesting the copy, unless he is aware that the declaration is false in any 
 material particular;  
   (b) in such cases, shall not make or s upply 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 c opy which would have been an infringing copy if made by him, that 
person shall be liable for infringement of copyright as if he had made the copy himself, and the copy 
supplied shall be treated as an infringing copy.   Supply by librarian of copies of published work  
 
63.  (1)  The librarian of a prescribed library or archive may, if the conditions are complied 
with   
  (a) make and supply a copy of an article in a periodical; or  
   (b) make and supply from a published edition, a copy of part of a literary, 
 dramatic or musical work, not being an article in a periodical,  
 without infringing any copyright subsisting in the text  of the article or in the work, as the case may be, 
or in any illustrations accompanying such article or work, or in the typographical arrangement thereof.  
  (2) The conditions prescribed pursuant to su bsection (1) shall include the following:  
   (a) that copies shall be supplied only to persons satisfying the librarian that they 
 require them for purposes of research or private study, and will not use them 
 for any other purpose;  
 IP/N/1/VCT/C/1 
Page 52  
 
    (b) in relation to an article, that no pe rson shall be furnished with more than one 
 copy of the same article or with copies of more than one article contained in  the same issue of a periodical;  
   (c) in relation to a work referred to in  paragraph (b) of subsection (1), that no 
 person shall be furnished with more than  one copy of the same material or of 
 a copy of more than a reasonable proportion of any work;  
   (d) that persons to whom copies are supplied are required to pay for them a sum 
 not less than the cost; including a cont ribution to the general expenses of the 
 library, attributable to their production;  
   (e) that requirement of persons shall be regarded as similar if the requirements 
 are for copies of substantially the same material at substantially the same hire  and substantially the same purpose, and  
 
  (f) that requirements of persons shall be  regarded as related if those persons 
 received instruction to which the material is relevant at the same time and  place.  
  (3)  Subsection (1) shall not apply if or to the extent that there is a licensing scheme under 
which licences are available authorising the making of such copies and the person making the copies 
know or ought to have been aware of that fact.   
Supply of copies to other libraries  
 64.  (1)  The librarian of a library or archiv e may, if the prescribed conditions are complied 
with, make and supply to another library or archive a copy of    (a)  an article in a periodical; or    (b)  the whole or part of a publishe d edition of a literary, dramatic or musical 
 work, 
 without infringing any copyright in the text of th e article or the work, or in any illustrations 
accompanying such article or work or, in the ca se of a published edition,  in the typographical 
arrangement.  
 
 (2)  Paragraph (b) of subsection (1) shall not apply if, at the time the copy is made, the 
librarian making it has knowledge or could, by r easonable inquiry, ascertain the name and address of 
a person entitled to authorise the making of the copy.   
Replacing copies of works  
 
65.  (1)  The librarian of a library or archiv e may, if the prescribed conditions are complied 
with, make a copy from any item in the permanent co llection 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 damaged,   IP/N/1/VCT/C/1 
 Page 53 
 
 
   
without infringing the copyright in any literary, dr amatic or musical work, in any illustrations 
accompanying such a work or, in the case of a pub lished edition, in the typographical arrangement.  
  (2)  The conditions shall include provision s restricting the making of copies to cases 
where it is not reasonably practicable to purchase a copy of the item in question for the purpose.  
 
Copying of unpublished work  
 
66.  (1)  Subject to subsection (2), the librarian  of a library or archive may, if the conditions 
are complied with, make and supply a copy of the w hole or part of a literary, dramatic or musical 
work from a document in the library or archive without  infringing any copyright in the work or in any 
illustrations accompanying it.    (2) Subsection (1) shall not apply where  
 
  (a) the work is published at the time when the copies are made; or     (b) the copyright owner has prohibited copying of the work, and at the time of 
 the making of the copy the librarian ought  to have been aware of that fact.  
 
 (3)  The prescribed conditions shall include the following:  
   (a) that copies are supplied only to pe rsons 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 an y more than one copy of same material; 
 and  
   (c) that persons to whom copies are s upplied are required to pay for them a sum 
 not less than the cost; including a cont ribution to the general expenses of the 
 library or archive, attributable to their production.  
 
Exceptions Relating to Public Administration 
 
Recording for archival purposes 
 
67.  (1)  A recording of a broadcast or cable programme of a designated class, or a copy of such a recording, may be made for the purpose of  being placed in an archive maintained by a 
designated body without thereby infringing any copyri ght in the broadcast or cable programme or in 
any work included in it.   
 (2) The designated body referred to under s ubsection (1) shall be prescribed by the 
Minister, and the Minister shall not designate a body unless he is satisfied that it is not established or conducted for profit.   
Parliamentary and judicial proceedings etc. 
 
68.  (1)  Copyright in a work is not infringed by anything done for the purposes of parliamentary or judicial proceedings or, subject to subsection (3), for the purposes of reporting such 
proceedings.   IP/N/1/VCT/C/1 
Page 54  
 
   (2)  Copyright in a work is not infring ed by anything done for the purposes of the 
proceeding of a statutory inquiry or, subject to s ubsection (4), for the purposes of reporting any such 
proceeding held in public.    (3)  The provisions of subsection (1) and (2) relating to the reporting of proceedings shall 
not be construed as authorising the copying of a work which is itself a published report of the 
proceedings.    (4)  Copyright in a work is not infringed by the issue to the public of copies of the report 
of a statutory inquiry containing the work or material from it.  
 
 (5)  For the purposes of this section, “stat utory inquiry” means an  inquiry held or 
investigation conducted in pursuance of a duty imposed  or power conferred by or under an Act of 
Parliament.   Public records  
 
69. Where any protected work or a reproduction of any such work is comprised in any public record and is open to public inspection, the copyrigh t in the work is not infringed by the making or 
supplying to any person of any copy of the work by or under the direction of any officer in charge of 
the record.  
 
Design documents and models  
 
70. (1)  It is not an infringement of any copy right in a design document or in a model that 
records or embodies a design for anything save for an artis tic work or a typeface, to make an article to 
the design or to copy an article made to the design.  
  (2)  It is not an infringement of any copyright to issue to the public or to include in a film, broadcast or cable programme service anything the making of which was, by virtue of subsection (1), not an infringement of that copyright.   
 (3)  For the purposes of this section 
 
 “design” means the design of any aspect of the shape or configuration whether 
 internal or external, of the whole or part of an article other than surface  decoration;  
 
“design document” means any record of a desi gn, whether in the form of a drawing, a 
 written description, a photograph, data stored in a computer or otherwise.  
 
Exploitation of a design derived from artistic work  
 
71.  (1)  Where an artistic work has been expl oited by or with the licence of the copyright 
owner by     (a) making by an industrial process article s falling to be treated under this Act as 
 copies of the work, and  
 
  (b) marketing such articles in Saint Vi ncent and the Grenadines or elsewhere,  
  IP/N/1/VCT/C/1 
 Page 55 
 
 
  then, after the end of the period of fifty years from the end of the calendar year in which the 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 in relation to articles so made.    (2)  Where only part of an artistic work  is exploited in the manner described in 
subsection (1), then, the provisions of that sub section apply only in relation to that part.  
  (3) The Minister may by order make provision     (a) as to the circumstances in which an article or any description of article is to 
 be regarded for the purposes of this sect ion as made by an industrial process;  
   (b) excluding from the operation of this section such articles of a primarily 
 literary or artistic character as he thinks fit.  
 
 (4)  In this section  
   (a) references to articles do not include films; and     (b) references to the marketing of an arti cle are references to its being sold or let 
 for hire or offered or exposed for sale or hire.  
 
Exception Relating to Works in Electronic Form 
 
Transfer of works in electronic form  
 72.  (1)  Where a work in electronic form has been purchased on terms which expressly or 
impliedly or by virtue of any rule of law, allow the purchaser to copy the wo rk or to adapt it or to 
make copies of an adaptation in connection with hi s use of it, then, in the absence of any express 
terms     (a) prohibiting the transfer of the copy by the purchaser or imposing an 
 obligation which continue after a transfer or prohibiting the assignment of 
 any licence or terminating any licence on a transfer; or  
   (b) providing for the terms on which a transferee may do the things which the 
 purchaser was permitted to do anything  which the purchaser was allowed to 
 do may also be done by a transferee without infringement of copyright.  
  (2)  Any copy, adaptation or copy of an ad aptation made by the purchaser which is not 
also transferred shall, after the transfer, be treated as an infringing copy for all purposes.  
  (3)  Subsections (1) and (2) apply where th e original purchased copy is no longer usable 
and what is transferred is a further copy used in its place.  
  (4) This section applies also on a subsequent transfer.   
Miscellaneous Exceptions Relating to Lit erary, Dramatic, Musical and Artistic Works 
 
Statutory licences: recordings for broadcasting  
 
73.  (1)  Where by virtue of an assignment or licence a person is authorised to broadcast or 
include in a cable programme service, a literary, drama tic, musical or artistic work or a film or sound IP/N/1/VCT/C/1 
Page 56  
 
  recording from a place into Saint Vincent and the Grenadines but, apart from this subsection, would 
not be entitled to make copies of it, then, subject to the conditions specified in subsection (2), the 
authority contained in the assignment or licence sh all be deemed to extend to making one copy only 
for the purposes, and subject to th e conditions, in subsection (2).  
 
 (2)  Subsection (1) shall apply only if the following conditions are satisfied:  
   (a) the copy shall not be used for making any further copies or for any other 
 purpose except either for broadcasti ng or inclusion in a cable programme 
 service in accordance with  the assignment or licence, or for archival 
 purposes; and  
   (b) the copy, unless kept for archival pur poses, shall be destro yed before the end 
 of the period of ninety days beginning with the day on which it is first used  for broadcasting or included in a cable programme service in pursuance of 
 the assignment or licence, or such exte nded period as may be agreed between 
 the person who made the copy and th e person who in relation to the making 
 of copies of the description in question is the owner of the copyright.  
  (3)  A copy made in accordance with subsecti on (1) shall be treated as an infringing copy;  
 
  (a) for the purposes of any use in breach of condition (a), and of subsection (2); 
 and  
   (b) for all purposes after that condition or condition (b) of subsection (2) has 
 been broken.  
 
 (4)  Where records of a literary, dramatic or  musical work have with the licence of the 
owner of the copyright in the work, been previously made or imported into Saint Vincent and the Grenadines, for the purposes of retail sale, then, any person may after the expiry of the period of four 
months immediately following the date of the firs t authorised manufacture in, or importation into, 
Saint Vincent and the Grenadines of  such records, and without first obtaining a licence from the 
owner of the copyright in the work, make or authorise the making of records of it.  
  (5) Subsection (4) shall only apply where     (a) the person intends to sell the records by retail, or to supply them for the 
 purposes of being sold by retail by anot her person, or intends to use them for 
 making other records which are to  be so sold or supplied;  
   (b) the person pays royalties calculated at the prescribed rates;     (c) complies with such conditions relating to notice, method and time of 
 payment, administration of royalties paid and other matters, as may be 
 prescribed; and  
   (d) the person who makes or authorises the making of records pursuant to this 
 subsection shall not make or authoris e the making of any alterations in, or 
 omissions from the work, unless records of that work containing similar 
 alterations and omissions have been pr eviously made by, or with the licence 
 of, the owner of the copyright or unless such alterations and omissions are  reasonably necessary for the adaptation of the work to the record in question.  
  IP/N/1/VCT/C/1 
 Page 57 
 
 
   (5)  Where a literary, drama tic, musical or artistic work or film or sound recording is 
broadcast from a place within Saint Vincent and the Grenadines or another country with the licence of 
the copyright owner, any person may, without obtaining the licence of the copyright owner incorporate by means of the reception of the broa dcast, the work in a cable programme service:  
 
 Provided that,  
   (a) the transmission by the cable serv ice takes place simultaneously with the 
 reception of the broadcast;  
 
  (b) the programme in which the literary , dramatic, musical or artistic work or 
 film or sound recording is incorporat ed, is transmitted without any alteration 
 of any kind; and  
   (c) the copyright owner shall be entitle d to receive from the person providing the 
 cable programme service, equitable remuneration in respect of the 
 transmission, to be fixed in remuneration in respect of the transmission, to be  fixed in default of agreement, by the Court,  
 and for the purposes of this subsection, an altera tion to a programme includes the addition thereto of 
new material not contained in the programme as broadcast, or the omission from the transmission of 
any material contained in the programme as broadcast; and the term “material” includes a commercial 
advertisement.   
Reading or recitation in public  
 74.  (1)  The reading or recitation in public of  any reasonable extract from a published literary 
or dramatic work is not an infringement of copy right in the work, if acco mpanied by a sufficient 
acknowledgement.    (2)  Copyright in a work is not infringed by the making of a sound recording, or the broadcasting or inclusion in a cable programme servi ce of a reading or recitation which, by virtue of 
subsection (1), does not infringe copyright in th e work, if the recording, broadcast or cable 
programme consists mainly of material in rela tion to which it is not necessary to rely on that 
subsection.   
Representation of artistic works on public display  
 
75. (1) This section applies to:    (a) buildings;    (b) sculptures, models of buildings and works of artistic craftsmanship, if 
 permanently situated in a public pl ace or in premises open to the public. 
  (2) The copyright in such a work is not infringed by    (a) making a graphic work representing it; 
 
  (b) making a photograph or film of it; or    (c) broadcasting or including in a cable programme service a visual image of it.  IP/N/1/VCT/C/1 
Page 58  
 
   (3) The copyright in such a wo rk is not infringed by the issue to the public of copies, or 
the broadcasting or inclusion in a cable programme service, of anything whose making was, by virtue of this section, not an infringement of copyright.   
Reconstruction of buildings  
 
76.  Anything done for the purposes of reconstruc ting a building does not infringe any copyright 
in the building or in any drawings or plans in acco rdance with which the buildin g was, by or with the 
licence of the copyright owner, constructed.   Subsequent work by same artist  
 
77.  Where the author of an artistic work is not the copyright owner, he does not infringe the 
copyright in the work by copying it in making another artistic work, provided he does not repeat or imitate the main design of the earlier work.  
 
Miscellaneous Exceptions Respecting Broadcasts 
 
Recording broadcasts for programme supervision  
 
78. Copyright is not infringed by the making or use by a licensed broadcasting organisation or 
entity for the purpose of maintaining supervision and control over programmes, of recordings of those 
programmes.   
Recording for purposes of time shifting  
 79. The making for private and domestic use of a recording of a broadcast or cable programme 
solely for the purpose of enabling it to be viewed or listened to at a more convenient time does not 
infringe any copyright in the broadcast or cable  programme or in any work included in it.  
 
Provision of subtitled copies of broadcast or cable programme  
 80. (1)  A designated body may, for the purpose of providing people who are deaf or hard of 
hearing, or physically or mentally handicapped in  other ways, copies which are sub-titled or otherwise 
modified for their special needs, make copies of television broadcasts or cable programmes and issue copies to the public, without infringing any copyright in the broadcasts or cable programmes or works 
included in them.  
 
 (2)  For the purposes of this section, “d esignated body” means a body designated for the 
purposes of this section by order of the Minister, ex cept that the Minister shall not designate a body 
unless he is satisfied that it is not established or conduc ted for profit.  
 
Adaptations  
 
81.  An act which by virtue of this Part may be done without infringing copyright in a literary, dramatic or musical work does not where that work  is an adaptation, infri nge any copyright in the 
work from which the adaptation was made.   IP/N/1/VCT/C/1 
 Page 59 
 
 
   
Prescribed Exceptions 
 Power of Minister to prescribe exceptions to infringement  
 82.  (1)  Subject to the provisions of this section, the Minister may by order provide that the 
copyright in a work of the description or category specified in the order is not infringed where, in 
relation to such work, such acts as are specifie d in the order are done in the circumstances so 
specified.   
 (2)  The Minister shall not make an order u nder subsection (1) unless he is satisfied that 
the acts specified in the orde r 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 nor mal 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) may:  
   (a) contain such consequential, supplemen tal or ancillary provisions as appear to 
 the Minister to be necessary or expedient for the purposes of giving due  effect to the order;  
 
  (b) subject to section 96 prescribe the amount, or the formula by which the 
 amount shall be calculated, which sh all be paid by way of equitable 
 remuneration to the owner of the copyright in any work to which the order  relates.  
 
 (4)  No order may be made under this section unless the Minister is satisfied  
   (a) that the acts specified are to be done  in the public interest in connection with 
 an event of national importance, and  
 
  (b) that the effect of the order woul d not contravene any convention relating to 
 copyright to which Saint Vincent and the Grenadines is a party.  
  
PART VII – COPYRIGHT LICENSING 
 
Preliminary 
 
Definitions  
 
83.  (1)  For the purposes of this Part; 
 
 “copyright licence” means a licence to do, or authorise the doing of, any of the acts 
 restricted by copyright in relation to works of one or more than one author;  
 IP/N/1/VCT/C/1 
Page 60  
 
  “licensing body” means a society or other organisation which has as its main object 
 or one of its main objects, the negotia tion or granting, either as owner or 
 prospective owner of copyright or as agent for him, of licences, and whose  objects include the granting of licence s covering works of more than one 
 author;  
 
  “licensing scheme” means a scheme setting out;     (a) the classes of cases in which the operator of the scheme, or the 
 person on whose behalf he acts, is willing to grant licences; and  
 
  (b) the terms on which licences would be granted in those classes of 
 cases.  
  (2)  References in this Part to licencers or  licensing schemes covering works of more than 
one author do not include li cences or schemes covering only  
   (a) a single collective work of wh ich the authors are the same; or  
   (b) works made by, or by employees of or commissioned by, a single individual, 
 firm, company or group of companies.  
 
Licensing schemes to which sections 82-87 apply  
 
84.  The provisions of sections 83 to 90 apply to  licensing schemes of the following descriptions: 
 
 (a) licensing schemes operated by licensing bodi es in relation to the copyright in literary, 
dramatic, musical or artistic works or films, or film sound-tracks when accompanying a film, which cover works of more than one author, so far as they relate to licences 
for  
   (i) copying the work;  
 
  (ii)  performing, playing or showing the work in public; or    (iii)  broadcasting the work or incl uding it in a cable programme service; 
 
 (b)  licensing schemes in relation to the co pyright in sound recordings other than film 
sound-tracks when accompanying a film, br oadcasts or cable programmes or the 
typographical arrangement of published editions; and 
  (c)  licensing schemes in relation to the copy right in sound recordings, films or computer 
programmes so far as they relate to licences for the rental of copies to the public. 
 
Reference of proposed licensing scheme to Court  
 
85.  (1)  The terms of a licensing scheme which a licensing body proposes to operate may be referred to the Court by an organisation claiming to be representative of persons who require licences 
in cases of a description to which the scheme would a pply, either generally or in relation to any 
description of case.    (2)  The Court shall first decide whether to entertain the reference and decline to do so on 
the ground that the reference is premature.   IP/N/1/VCT/C/1 
 Page 61 
 
 
   
 (3)  If the Court decides to entertain the refe rence it shall consider the matter referred and 
make such order, confirming or varying the proposed scheme, either generally or so far as it relates to 
cases of the description to which the reference relates, as the Court may determine to be reasonable in the circumstances.  
 
 (4)  An order may be made under subsection (3 ) so as to be in force indefinitely or for 
such period as the Court may determine.   
Reference of existing licensing scheme to Court  
 
86.  (1)  If during the operation of a licensing scheme a dispute arises between the licensing body and     (a) a person claiming that he requires a licence in a case of a description to which 
 the scheme applies; or  
   (b) an organisation claiming to be representative of such person,  that person or organisation may refer the scheme to th e Court in so far as it relates to cases of that 
description.  
 
 (2)  A scheme which has been referred to the Court under this section shall remain in 
operation until proceedings on th e reference are concluded.  
  (3)  The Court shall consider the matter in di spute 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 determine to be reasonable in the circumstances.   
Further reference to Court  
 
87.  (1)  Where the Court has on a previous reference of a licensing scheme under section 85 
or 86, or under this section, made an order with re spect to the scheme then, while the order remains in 
force     (a) the licensing body;   
  (b) a person claiming that he requires a licence in a case of the description to 
 which the order applies; or  
   (c) an organisation claiming to be representative of such person,   may refer the scheme again to the Court so as it relates to cases of that description.  
 
 (2)  A licensing scheme shall not, except with the special leave of the Court be referred to 
again in respect of the same description of cases     (a) within twelve months from the date of  the order on the previous 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.  
 IP/N/1/VCT/C/1 
Page 62  
 
   (3)  A scheme which has been referred to the Court under this section shall remain in 
operation until proceedings on th e 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 dete rmine to be reasonable in the circumstances.  
  (5)  The order may be made so as to be in  force indefinitely or for such period as the 
Court may determine.   Application for grant of licence in connection with licensing scheme  
88.  (1)  A person who claims, in a case covere d by a licensing scheme, that the operator of 
the scheme has refused to grant him or procure the grant to him of a licence in accordance with the 
scheme, or has failed to do so within a reasonabl e time after being asked, may apply to the Court for 
redress.  
  (2)  A person who claims, in a case excluded from a licensing scheme, that the operator of the scheme either     (a) has refused to grant him a licence  or  procure the grant to him of a licence, or 
 has failed to do so within a reasonabl e time of being asked, and that in the 
 circumstances it is unreasonable that it should not be granted; or  
   (b) proposes terms for a licence which are unreasonable,   
may apply to the Court.  
  (3)  A case shall be regarded as exclude d from a licensing scheme for the purposes of 
subsection (2) if     (a) the scheme provides for the gran t of licences subject to terms excepting 
 matters from the licence and the case fall s within such an exception; or  
   (b) the case is so similar to those in  which licences are granted under the scheme 
 that it is unreasonable that it should not be dealt with in the same way.  
 
 (4)  If the Court is satisfied that the cl aim 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 scheme on 
such terms as the Court may determine to be ap plicable in accordance with  the scheme or, as the case 
may be to be reasonable in the circumstances.    (5)  The order may be made so as to be in  force indefinitely or for such period as the 
Court may determine.  
 
Application for review as to entitlement to licence  
 
89. (1)  Where the Court has made an order under section 86 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.    IP/N/1/VCT/C/1 
 Page 63 
 
 
   (2)  An application shall not be made, ex cept 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 date.  
 
 (3)  The Court shall on an application for review confirm or vary its order as it may 
determine to be reasonable having regard to th e terms applicable in acco rdance with the licensing 
scheme or, as the case may be, the circumstances of the case.   
Effect of order of Court as to licensing scheme  
 90.  (1)  A licensing scheme which has been confirmed or varied by the Court under 
section 85 or 86 shall be in force, or as the case may be, remain in operation so far as it relates to the 
description of the case in respect of which the order is  made, so long as the order remains in force.  
  (2) While the order is in force a person w ho in a case of a class to which the order 
applies,  
   (a) pays to the licensing body any char ges payable under the scheme in respect 
 of a licence covering the case in question or, if the amount cannot be  ascertained, gives an undertaking to the licensing body to pay them when 
 ascertained; and  
   (b) complies with the other terms appli cable to such a licence under the scheme,  
 shall be in the same position as regards infringement of copyright as if he had at all material times 
been the holder of a licence granted by the owner of the copyright in ques tion in accordance with the 
scheme.  
  (3)  The Court may direct that the order, so far as it varies the amount of charges payable, shall have effect from a date before that on which it is made, not being a date earlier than the date on 
which the reference was made or, where the scheme  came into operation but no such direction shall 
be made where subsection (1) applies.  
  (4) If a direction is made under subsection (3);     (a) any necessary repayments, or further payments, shall be made in respect of 
 charges already paid; and  
 
  (b) the reference in subsection (2) (a ) to the charges payable under the scheme 
 shall be construed as a reference to the charges so payable by virtue of the  order.  
 IP/N/1/VCT/C/1 
Page 64  
 
   (5)  Where the Court has made an order under  section 88 and the order remains in force, 
the person in whose favour the or der is made shall, if he  
   (a) pays to the licensing body any char ges payable in accordance with the order 
 or, if the amount cannot be ascertained, gives an undertaking to pay the 
 charges when ascertained; and  
   (b) complies with the other terms specified in the order,  be in the same position as regards infringement of copy right as if he had at all material times been the 
holder of a licence granted by the owner of the copy right in question on the terms specified in the 
order.   
References And Application With Respect To  Individual Licensing By Licensing Bodies 
 
Licences to which sections 91 to 95 apply 
 
91.  Sections 91 to 95 apply to the following d escriptions of licence granted by a licensing body 
otherwise than in pursuance of a licensing scheme:    (a) licences relating to the copyright in literary, dramatic, musical or artistic works or 
films or film sound-tracks when accompanying a film, which cover works of more 
than one author, so far as they authorise  
   (i) copying the works;   
  (ii) performing, playing or showing the work in public; or  
   (iii) broadcasting the works or includi ng it in a cable programme service;  
  (b) any licence relating to the copyright in a sound recording other than a film sound-
track when accompanying a film, broadcast or cable programme, or the typographical 
arrangement of a published edition; and  
  (c) any licence relating to the copyright in sound recordings, film or computer 
programme so far as they relate to the rental of copies to the public  
 
and for the purpose of these sections “a licence” me ans a licence of any of those descriptions.  
 
Reference to Court of proposed licence  
 
92.  (1)  The terms on which a licensing body proposes to grant a licence may be referred to the Court by the prospective licensee. 
 
 (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 hear the referen ce 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 for such period as the 
Court may determine.   IP/N/1/VCT/C/1 
 Page 65 
 
 
   
Reference to Court of expiring licence  
 
93.  (1)  A licensee under a licence which is due to expire, by effluxion of time or as a result 
of notice given by the licensing body, may apply to  the Court on the ground that it is unreasonable in 
the circumstances that the licence should cease to be in force.  
  (2)  Such an application may not be made until three months before the licence is due to 
expire.   
 (3)  A licence in respect of which a reference has been made to the Court shall remain in 
operation until proceedings on th e reference are concluded.  
  (4)  If the Court finds the application well-f ounded, it shall make an order declaring that 
the licensee shall continue to be entitled to the be nefit of the licence on such terms as the Court may 
determine to be reasonable in the circumstances.  
  (5)  An order of the Court under this section ma y be made so as to be in force indefinitely 
or for such period as the Court may determine.   
Application for review of order as to licence  
 
94.  (1)  Where the Court has made an order under section 92 or 93, 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 shall not be made, ex cept with the special leave of the Court  
 
  (a) within twelve months from the date of the order or of the decision on 
 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 to that decision, until the last three months 
 before the expiry date.  
  (3)  The Court shall on an application for re view confirm or vary its order as the Court 
may determine to be reasonable in the circumstances.  
 
Effect of order of Court as to licence  
 
95.  (1)  Where the Court has made an order under section 92 or 93 and the order remains in 
force, the person entitled to the benefit of the order shall, if he   
  (a) pays to the licensing body any char ges payable in accordance with the order 
 or if the amount cannot be ascertained, gives an undertaking to pay the  charges when ascertained; and  
   (b) complies with the other terms specified in the order,  
 
be in the same position as regards infringement of copy right as if he had at all material times been the 
holder of a licence granted by the owner of the copy right in question on the terms specified in the 
order.   IP/N/1/VCT/C/1 
Page 66  
 
   (2) The benefit of the order may be assigned  
   (a) in the case of an order under secti on 92, if assignment is not prohibited under 
 the terms of the Court’s order; and  
 
  (b) in the case of an order under section 93, if assignment was not prohibited 
 under the terms of the original licence.  
  (3)  The Court may direct that an orde r under section 92 or 93, or an order under 
section 94 varying such an order, so far as it varies  the amount of charges payable, has effect from a 
date before that on which it is ma de, but not earlier than the date on which the reference or application 
was made or, if later, on which the licence was gr anted or, as the case may be, was due to expire.  
  (4) If such a direction is made,   
  (a) any necessary repayments or further payments, shall be made in respect of 
 charges already paid; and  
   (b) the reference in subsection (1) (a) to the charges payabl e 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 ac count in certain classes of case 
 
General consideration 
 96.  In determining what is reasonable on a refere nce or application under this Part relating to a 
licensing scheme or licence, the Court shall have regard to    (a) the availability of other schemes, or the gr anting 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.  
 
Licences for reprographic copying  
 
97.  Where a reference or application is made to  the Court under this Part relating to the licensing 
of reprographic copying of published literary, dramatic , musical or artistic works, or the typographical 
arrangement of published editions, th e Court shall have regard to  
 
 (a) the extent to which published editions  of the works in question are otherwise 
available;  
  (b) the proportion of the work to be copied; and  
 
 (c) the nature of the use to wh ich the copies are likely to be put. 
  IP/N/1/VCT/C/1 
 Page 67 
 
 
  Licences for educational establishments in resp ect of works included in broadcasts or cable 
programmes  
 
98.  (1)  This section applies to references or applications under this Part relating to licences 
for the recording by or on behalf of educational establishments of broadcasts or cable programmes 
which include copyright works, or the making of copi es of such recordings, for educational purposes.  
  (2)  Where an application is made to the Court under section 97, the Court shall, in considering what charges if any, should be paid fo r a licence, have regard to the extent to which the 
owners of copyright in the works included in the broadcast or cable programme have already 
received, or are entitled to receive, payment in respect of their inclusion.  
 
Licences to reflect conditions imposed by promoters events  
 
99.  (1)  This section applies to references or ap plications under this Part in respect of licences 
relating to sound recordings, films, broadcasts or cable programmes which include, or are to include, 
any entertainment or other event.    (2)  The Court shall have regard to any conditions imposed by the promoters of the 
entertainment of other event; and, in particular, the Court shall not hold a refusal or failure to grant a 
licence to be unreasonable if it could not have been  granted consistently with those conditions.  
 
 (3)  Nothing in this section shall require the Court to have regard to any such conditions 
in so far as they     (a) purport to regulate the charges to be imposed in respect of the grant of 
 licences; or  
   (b) relate to payments to be made to the promoters of any event in consideration 
 of the grant of facilities for making the recording, film, broadcast or cable  programme.  
 Licences to reflect payments in respect of underlying rights  
 
100.  (1)  In considering what charges should be  paid for a licence on a reference or application 
under this Part relating to licences for the rental to the public of copies of sound recordings, films, or 
computer programmes, the Court shall take into account any reasonable payments which the owner of 
the copyright in the sound recording, film or computer program is liable to make in consequence of 
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  cable programmes, the 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 consequen ce of the granting of the licence, or of the acts 
authorised by the licence, in respect of any perform ance included in the recording, film, broadcast or 
cable programme.   Mention of the specific matters not to  exclude relevant considerations  
 
101.  The mention in sections 96 to 99 of the specifi c matters to which the Court is to have regard 
in certain classes of cases does not affect the Court’s general obligation in any case to have regard to 
all relevant considerations.  IP/N/1/VCT/C/1 
Page 68  
 
   
 
PART IX – RIGHTS IN PERFORMANCES 
 
Protection and conferment of rights in performances  
 
102. (1)  The provisions of this Act on the protection of performers shall apply to     (a) performers who are nationals of Saint Vincent and the Grenadines; and   
  (b) performers who are not nationals of Saint Vincent and the Grenadines but 
  whose performances  
    (i) take place on the territory of Saint Vincent and the Grenadines; or  
 
   (ii) are incorporated in sound r ecordings that are protected under this 
  A c t .   
  (2)  The provisions in this Act shall also  apply to performers who are eligible for 
protection by virtue of and in accordance with in ternational conventions or other international 
agreements to which Saint Vincent and the Grenadines is a party.  
 
 (3)  By virtue of, and subject to the provisions of this Part, rights are conferred on     (a) a performer, requiring his consent to the exploitation of his performance; and  
 
  (b) a person having recording rights in relation to a performance, in respect of 
 recordings made without his consent or that of the performer.  
  (4)  The rights conferred by this Part are independent of     (a) any copyright in, or moral rights re lating to, any work used or performed in 
 the performance; and  
   (b) any other right or obligation arising otherwise than under this Part.   (5)  The rights conferred by this Part appl y in relation to performances taking place before 
the commencement of this Part, but no act done before commencement, or in pursuance of 
arrangements made before commencement, sha ll be regarded as infringing those rights.  
 
Performer’s Rights 
 
Consent required for recording or live transmission of performance  
 
103.  (1)  A performer’s rights are infringed by a person who, without the performer’s consent  
   (a) makes, otherwise than for his private and domestic use, a recording of whole 
 or any substantial part of a qualifying performance; or  
 
  (b) broadcasts live, or includes live in  a cable programme service a recording of, 
 the whole or any substantial part of a qualifying performance.  
  IP/N/1/VCT/C/1 
 Page 69 
 
 
    (c) infringes his right of distribution or right of making available to the public a 
 fixed performance by wire or wireless means.  
  (2)  In an action for infringement of a performer ’s rights brought by virtue of this section, 
damages shall not be awarded agains t a defendant who shows that at the time of the infringement he 
believed on reasonable grounds that consent had been given.  
 
Consent and royalty required for adaptation of recording  
 
104.  (1)  A performer’s rights are infringed by a person who, without his consent and payment 
of royalty at the rate, uses an original recordi ng of a qualifying performance, whether authorised or 
not, for the purpose of making an adaptation of the recording.    (2)  For the purposes of sub section (1) “an adaptation of the recording” means a recording 
in which the performance is accompanied by lyrics or music not contained in the original recording.  
 
Infringement of performer’s rights by importing possessory, illicit recording 
 
105.  (1)  A performer’s rights are infringed by a person who, without his consent     (a) imports into Saint Vincent and the Grenadines otherwise than for his private 
 and domestic use; or  
   (b) in the course of a business, possesses, se lls 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 recording.    (2)  Where in an action for infringement of a performer’s rights brought by virtue of this section a defendant shows that the illicit recording w as innocently acquired by him or a predecessor in 
title of his, the only remedy in damages availabl e against him in respect of the infringement is 
damages not exceeding a reasonable payment in respect of the act complained of.  
  (3)  For the purposes of subsection (2) “i nnocently acquired” means that the person 
acquiring the recording did not know and had no r eason to believe that it was an illicit recording.  
 Performers moral rights 
 
106.  (1)  A performer shall have as regards hi s live oral performances and performances fixed 
on a phonogram     (a) the right to claim to be identifie d as the performer of a performance, except 
 where omission is dictated by the manner of the use of the performance; and  
   (b) to object to any distribution, mutilation or other modification of his 
 performance that would be prejudicial to his reputation.  
 
 (2)  The provisions of sections 17 (1) and 18 shall apply mutatis mutandis .  
 IP/N/1/VCT/C/1 
Page 70  
 
  Rights of Person Having Recording Rights 
 
Consent required of performance subject to exclusive contract 
 
107.  (1)  A person infringes the rights of a pe rson having recording rights in relation to a 
performance who, without his consent or that of th e performer, makes a recording of the whole or any 
substantial part of the performance, otherwi se than for his private and domestic use.  
  (2)  In an action for infringement of those ri ghts brought by virtue of this section damages 
shall not be awarded against a defe ndant who shows that at the time  of the infringement he believed 
on reasonable grounds that consent had been given.  
 
Infringement of recording rights by use of recording made without consent  
 
108.  (1)  A person infringes the rights of a pe rson having recording rights in relation to a 
performance who, without his consent or, in the case of a qualifying performance, that of the 
performer     (a) shows or plays in public the whole or  any substantial part of the performance; 
 or  
 
  (b) broadcasts or includes in a cable programme service the whole 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)  Reference in subsection (1) to “the a ppropriate consent” is to the consent of  
   (a) the performer; or     (b) the person who at the time the c onsent was given had recording rights in 
 relation to the performance or, if there was more than one such person, of all 
 of them.  
 
Infringement of recording rights by importing, possessing illicit recording  
 
109.  (1)  A person infringes the rights of a pe rson having recording rights in relation to a 
performance, who, without his consent or, in the case of a qualifying performance, without the 
consent of the performer,     (a) imports into Saint Vincent and the Grenadines otherwise than for his private 
 and domestic use; or  
 
  (b) in the course of a business possesses, se lls 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 those rights brought by virtue of this section a defendant shows that the illicit recording was innoc ently acquired by him or a predecessor in title of 
his, the only remedy available against him in resp ect of the infringement is an amount not exceeding a 
reasonable payment in respect of the act complained of.   IP/N/1/VCT/C/1 
 Page 71 
 
 
   
 (3)  For the purposes of subsection (2) “i nnocently acquired” means that the person 
acquiring the recording did not know and had no r eason to believe that it was an illicit recording.  
 
Exceptions to Infringement 
 
Fair dealing for criticism, etc. 
 
110.  Fair dealing with a performance or recording;   
 (a) for the purpose of criticism or review of that or another performance or recording, or 
of a work; or  
  (b) for the purpose of reporting current events,   
does not infringe any of the rights conferred by this  Part, and the provisions of section 57 shall, with 
the necessary modifications, apply in determining wh ether or not an act constitutes fair dealing.  
 
Acts done to recording of performance for purposes of instruction 
 
111.  (1)  The rights conferred by this Part are not infringed by the copying of a recording of a 
performance in the course of instruction, or of preparation for instruction, in the making of films or 
film sound-tracks, provided the copying is done by a person giving or receiving instruction.    (2) The rights conferred by this Part are not infringed   
  (a) by the copying of a recording of a performance for the purpose of setting or 
 answering questions in an examination;  
   (b) by anything done for the purposes of an examination by way of 
 communicating the questions to the candidates.  
 
 (3)  Where a recording which would othe rwise be an illicit recording is made in 
accordance with this section but is su bsequently dealt with, it shall be  treated as an illicit recording for 
the purpose of that dealing.    (4) For the purposes of subsection (3) and sec tion 112 (2) “dealt with” means sold or let 
for hire, or offered or exposed for sale or hire.  
 
Recording of broadcasting and cable programmes by educational establishment  
 
112.  (1)  A recording of a broadcast or cable programme, or a copy of such a recording, may 
be made by or on behalf of an educational institution for the educational purposes of that 
establishment without thereby infringing any of the ri ghts conferred by this Part in relation to any 
performance or recording included in it.    (2)  Where a recording which would othe rwise be an illicit recording is made in 
accordance with this section but is subsequently dea lt with under section 111 (4) it shall be treated as 
an illicit recording for the purposes of that dealing.  
 IP/N/1/VCT/C/1 
Page 72  
 
  Acts done to performance or record ing for Parliamentary proceedings  
 
113.  The rights conferred by this Part are not infringed by anything done for the purpose of    (a)  parliamentary or judicial proceedings or the reporting of those proceedings;  or 
 
 (b) the proceedings of a statutory inquiry or  the reporting of those proceedings held in 
public. 
 
Transfer of recording of performance in electronic form  
 
114.  (1)  Where a recording of a performance in electronic form has been purchased on terms 
which, expressly or impliedly or by  virtue of any rule of law, al lows the purchaser to make further 
recordings in connection with his use of the reco rding, then, in the absence of any express terms  
 
  (a) prohibiting the transfer of the recording by the purchaser;  
   (b) imposing obligations which continue after a transfer;     (c) prohibiting the assignment of any consent;   
  (d) terminating any consent on a transfer; or  
   (e) providing for the terms on which a transferee may do the things which the 
 purchaser was permitted to do,  
 
anything which the purchaser was allowed to do may also be done by a transferee without 
infringement of the rights conferred by this Part, but any recording made by the purchaser which is 
not also transferred shall be treated as an illicit recording for all purposes after the transfer.  
  (2)  Subsection (1) applies where the origin al purchased recording is no longer usable and 
what is transferred is a further copy used in its place.  
 
 (3)  This section does not apply in relation to a recording purchased before the commencement of this Act.   
Use of for recordings of spoken words  
 
115.  (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 reading or recitation,  
 it is not an infringement of the rights conferred by this Part to use the recording, or to copy the 
recording and use the copy for that purpose, provi ded the conditions specified in subsection (2) are 
met.  
  IP/N/1/VCT/C/1 
 Page 73 
 
 
   (2)  The conditions referred to in subsection (1) are that  
   (a) the recording is a direct recording of the reading or recitation and is not taken 
 from a previous recording or form a broadcast or cable programme;  
 
  (b) the making of the recording was not prohibited by or on behalf of the person 
 giving the reading or recitation;  
   (c) the use made of the recording is not of a kind prohibited by or on behalf of    that person before the recording was made; and  
 
  (d) the use is by or with the authority of a person who is lawfully in possession 
 of the recording.  
 
Playing sound recording for charitable purposes  
 
116.  (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 for 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  
   (b) the proceeds of any charge for admi ssion to the place where the recording is 
 to be heard are applied solely for the purposes of the organisation.  
 Incidental recording for purposes of broadcast or cable programme 
 
117.  (1)  Subject to subsection (2), 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 
the purposes of this Part for the making of a furthe r recording for the purposes of the broadcast or 
cable programme.  
  (2)  The consent given under subsection (1) is subject to the condition that  
   (a) the further recording shall not be used for any other purposes; and  
 
  (b) such recording shall be destroyed within twenty-eight days of being first used 
 for broadcasting the performance or including it in a cable programme  service.  
  (3)  A recording made in accordance with th is paragraph shall be treated as an illicit 
recording  
   (a) for the purposes of any use in breach of the condition mentioned in 
 paragraph (a) of subsection (2); and  
 
  (b) for all purposes after that condition or the condition mentioned in 
 paragraph (a) of subsection (2) is breached.  
 IP/N/1/VCT/C/1 
Page 74  
 
  Recordings for supervision and control of programmes permitted 
 
118.  The rights conferred by this Part are not infringed by the making or use by a prescribed broadcasting organisation for the purpose of main taining supervision and control over programmes 
broadcast by that organisation, of recordings of those programmes.  
 
Order excepting acts from infringing rights under this Part 
 
119.  (1)  Subject to the provisions of this section, the Minister may, by order, provide that the rights conferred by this Part are not infringed by th e doing of such acts in relation to the performance 
as are specified in the order, where such act s are done in the circumstances so specified.  
  (2) An order made under subsection (1) may     (a) contain consequential, supplemental or ancillary provisions as appear to the 
 Minister to be necessary or expedient for the purpose of giving due effect to 
 the order;  
   (b) prescribe the amount, or the formula by which the amount shall be calculated, 
 which shall be paid by way of equi table remuneration to the performer or 
 other person whose rights under this Part are affected by the order.  
 
 (3)  No order may be made under this section unless the Minister is satisfied     (a) that the acts specified are to be d one in connection with an event of national 
 importance, and  
 
  (b) that the effect of the order woul d not contravene any convention relating to 
 rights in respect of performances to which Saint Vincent and the Grenadines 
 is a party.  
 
Court may consent on behalf of performer 
 
120.  (1)  Subject to the provisions of this secti on, the Court may, on the application of a person 
who wishes to make a recording from a previous reco rding of a performance, give consent in a case 
where   
  (a) the identity or whereabouts of a performer cannot be ascertained by 
 reasonable inquiry; or  
   (b) a performer unreasonably withholds his consent.    (2)  Consent given by the Court has effect as consent of the performer for the purpose of  
 
  (a) the provisions of this Part relating to performers’ rights; and     (b) paragraph (a) of subsection (3) of section 127,   
and may be given subject to such conditions as the Court may specify in the order.  
  (3) The Court shall not give consent under paragraph (a) of subsection (1) except after 
the service or publication of such notices as may be required by regulations or as the Court may in any particular case direct.   IP/N/1/VCT/C/1 
 Page 75 
 
 
   
 (4) The Court shall not give consent under paragraph (b) of subsection (1) unless it is 
satisfied that the performer’s reasons for withhol ding consent do not include the protection of any 
legitimate interest of his, but it shall be for the performer to show what his reasons are for with-
holding consent, and in default of evidence as to his reasons the Court may draw such inferences as it 
thinks fit.  
  (5)  In any case the Court shall take into account the following factors     (a) whether the original recording was made with the performer’s consent and is 
 lawfully in the possession or contro l of the person proposing to make the 
 further recording;  
   (b) whether the making of the further reco rding is consistent with the obligations 
 of the parties to the arrangements unde r which, or is otherwise consistent 
 with the purposes for which, the original recording was made.  
  (6)  Where the Court gives consent under this  section it shall, in default of agreement 
between the applicant and the performer, make such orde r as it thinks fit as to the payment to be made 
to the performer in consideration of consent being given.   
Duration and Transmission of Rights in Performances; Consent 
 
Duration of rights in performances  
 
121. The rights conferred by this Part shall continue  to subsist until the expiry of seventy five years 
from the end of the calendar year in  which the performance takes place.  
 
Transmission of rights in performances  
 
122. (1)  The rights conferred by this Part ar e not assignable or transmissible, except to the 
extent that performers’ rights are transmissible as provided in this section.  
 
 (2)  On the death of a person entitled to performer’s rights,     (a) the rights pass to such person as he may by testamentary disposition 
 specifically direct; and  
 
  (b) if there is no such direction, the rights are exercisable by his personal 
 representative, and references in this Part  to the performer, in the context of 
 the person having performer’s rights, shall be construed as references to the 
 person for the time being entitled to exercise those rights.  
 
 (3)  Where by virtue of paragraph (a) of  subsection (2) a right becomes exercisable by 
more than one person, it is exercisable by each of  them independently of the other or others.  
  (4)  Subsections (1), (2) and (3) are without prejudice to any rights conferred by this Act on a person to whom the benefit of a contract or licence is assigned.  
 
 (5)  Any damages recovered by personal representatives by virtue of this section in respect of an infringement after a person’s death shall devolve as part of his estate as if the right of action had subsisted and been vested in  him immediately before his death.  
 IP/N/1/VCT/C/1 
Page 76  
 
  Consent  
 
123.  (1)  Consent for the purposes of this Part may be given in relation to a specific performance, a specified description of performances,  or performances generally, and may relate to 
past or future performances.  
 
 (2)  A person having recording rights in a performance is bound by any prior consent given by a person through whom he derives his rights under the exclusive recording contract or 
licence in question, in the same way as if  the consent had been given by him.  
 
 (3)  Where a right conferred by this Part  passes to another person, any consent binding on 
the person previously entitled binds the person to whom the right passes in the same way as if the 
consent had been given by him.   
Remedies for Infringement of Rights in Performances 
 
Infringement actionable as breach of statutory duty  
 
124. An infringement of any of the rights conferred by this Part is actionable by the person entitled 
to the right as a breach of statutory duty.   Order for delivery up of illicit recording in Court  
 
125. (1)  Where a person has in his possession, cu stody or control in the course of a business 
an illicit recording of a performance, a person having  performer’s rights or recording rights under this 
Part in relation to the performance may apply to the Court for an order that the recording be delivered 
up to him or to such other person as the Court may direct.  
  (2)  An application shall not be made after the end of the period specified in section 135, 
and no order shall be made unless the Court also ma kes, or it appears to the Court that there are 
grounds for making, an order under section 134.  
 
 (3)  A person to whom a recording is delive red up in pursuance of an order under this 
section shall, if an order under section 135 is not ma de, retain it pending the making of an order, or 
the decision not to make an order under that section.    (4)  Nothing in this section affects any other power of the Court. 
 
Right to seize illicit recordings 
 
126. (1)  Subject to any decision of the Court under section 134 and the conditions specified in subsections (2), (3) and (4), an illicit recording of  a performance which is found exposed or otherwise 
immediately available for sale or hire and in resp ect of which a person would be entitled to apply for 
an order under section 134 may be seized and detain ed by him or a person authorised by him.  
  (2)  Before anything is seized under this sec tion written notice of the time and place of the 
proposed seizure must be given to a local police station.   
 (3)  At the time when anything is seized unde r this section there shall be left at the place 
where it was seized a notice in the prescribed form containing the prescribed particulars as to the 
person by whom or on whose authority the seizure is made and the grounds on which it is made.  
  IP/N/1/VCT/C/1 
 Page 77 
 
 
   (4)  For the purposes of this section “pre mises” includes land, buildings, fixed or 
moveable structures, vehicles, vessels and aircraft.  
Offences In Relation to Performances 
 
Criminal liability for making illicit recordings 
 
127.  (1)  A person who without sufficient consent    (a)  makes for sale or hire; 
 
  (b) imports into Saint Vincent and the Grenadines otherwise than for his 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; or  
   (ii)  offers or exposes for sale or hire; or 
    (iii)  distributes,   a recording which is, and which he knows or has r eason to believe is, an illic it recording, commits an 
offence. 
  (2)  A person who causes a recording of a pe rformance made without sufficient consent  
   (a)  to be shown or played in public; or  
  (b)  to be broadcast or included in a cable programme service, 
 thereby infringing any of the rights conferred by this Part, if he knows or ought to have known that those rights are thereby infri nged, commits an offence.  
 
 (3)  For the purposes of subsections (1 ) and (2) “sufficient consent” means  
   (a) in the case of a qualifying performan ce, the consent of the performer; and  
   (b) in the case of a non-qualifying perform ance subject to an exclusive recording 
 contract  
 
  (i) for the purpose of paragraph (a) of subsection (1), the consent of the 
 performer or the person having recording rights; and  
   (ii) for the purposes of paragraphs (a) and (b) of subsection (2), the 
 consent of the person having recording rights.  
  (4)  References in this section to “the pe rson 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.  IP/N/1/VCT/C/1 
Page 78  
 
   
 (5) No offence is committed under subsection (1) or (2) by the doing of an act which, by 
virtue of any provision of this Part, may be done without infringing the rights conferred by this Part.  
  (6)  A person guilty of an offence under subsection (1) or (2) shall be liable  
 
  (a) on summary conviction to a fine  not exceeding two thousand five hundred 
 dollars or to imprisonment for a term not exceeding tvelve months; or  
   (b) on conviction on indictment to a fine not exceeding fifty thousand dollars or 
 for a term not exceeding five years, or to both fine and imprisonment.  
  (7)  A person guilty of any other offen ce under this section is liable on summary 
conviction to a fine not exceeding one thousand doll ars or to imprisonment for a term not exceeding 
six months or to both fine and imprisonment.  
 
Order for delivery up of illicit reco rding in criminal proceedings  
 
128.  (1)  The Court before which proceedings  are brought against a person for an offence 
under section 127 may, if satisfied that at the time of his arrest or charge he had in his possession, custody or 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 r ecording rights in relati on to the performance or 
to such other person as the Court may direct.    (2)  An order may be made by the Court of  its own motion or on the application of the 
prosecution and may be made whether or not the pers on is convicted of the offence, but shall not be 
made  
   (a) after the end of the period specified in section 135; or     (b) if it appears to the Court unlikely that any order will be made under 
 section 134.  
 
 (3)  An appeal lies to the Court of Appeal from an order made under this section.    (4)  A person to whom an illicit recording is delivered up in pursuance of an order under 
this section shall retain it pending the making of an order, or the decision not to make an order, under 
section 135.  
  
PART X – COLLECTIVE SOCIETIES 
 
Collective societies to be registered 
 
129.  (1)  No person or association of persons sh all, after the coming into force of this Act, 
commence or carry on the business of issuing or gr anting licences in respect of any work in which 
copyright or related rights subsists or in respect of  any other rights conferred by this Act except in 
accordance with the registration granted under subsection (3).  
  IP/N/1/VCT/C/1 
 Page 79 
 
 
   (2) Notwithstanding subsection (1)  
   (a) an owner of copyright of related rights shall in his individual capacity, 
 venture to have the right to grant li cences in respect of his works consistent 
 with his obligation as a member of a collective society; and  
 
  (b) a collective society functioning immediately before the coming into force of 
 this Act shall be deemed to be a coll ective society for the purposes of this Act 
 and every such society shall ensure that  it is registered within a period of one 
 year from the date of commencement of this Act.  
 
 (3)  Any association of persons who fulfill th e conditions as may be prescribed may apply 
for permission to do the business specified in subsection (1) to the Registrar.  
  (4)  The Registrar may, having regard to the interests of authors and other owners of 
rights under this Act, the interest and conv enience of the public and ability and professional 
competence of the applicants, regi ster such association of persons as a collective society subject to 
such conditions as may be prescribed.    (5)  The Registrar shall not ordinarily regi ster more than one Collective Society to do 
business in respect of the same class of works.  
 
 (6)  The Registrar may, if he is satisfied that a collective society is being managed in a manner detrimental to the interest of the owners of rights concerned, cancel the registration of the 
society after such inquiry as may be prescribed.   
 (7)  If the Registrar is of the opinion that in the interest of the owners of rights concerned, 
it is necessary so to do, he may, by order, suspe nd the registration of a society pending inquiry for a 
period not exceeding one year as may be specified in  the order and the Registrar shall appoint an 
administrator to discharge the func tions of the collective society.  
  (8)  In the exercise of his functions unde r this section the Registrar shall act after 
consultation with the Minister.  
 
Administration of rights by collective society 
 
130.  (1)  Subject to such conditions as may be prescribed  
 
  (a) a collective society may accept from an owner of rights exclusive 
 authorisation to administer any right  in any work by issue of licences or 
 collection of licence fees or both; and  
   (b) an owner of rights shall have the ri ght to withdraw such authorisation without 
 prejudice to the rights of the collective society under any contract.  
  (2) A collective society shall be competent     (a) to enter into agreement with  any foreign society or organisation 
 administering rights corresponding to rights under this Act;  
   (b) to entrust to such foreign societ y or organisation the administration in any 
 country of rights administered by the said collective society in Saint Vincent 
 and the Grenadines; and  IP/N/1/VCT/C/1 
Page 80  
 
   
  (c) for administering in Saint Vincent and the Grenadines the rights administered 
 in a foreign country by such society or organisation.  
  (3)  Subject to such conditions as may be prescribed, a copyright society may  
 
  (a) issue licences in respect of any rights under this Act;  
   (b) collect fees in pursuance of such licences;   
  (c) distribute such fees among owners of  rights after making deductions for its 
 own expenses;  
   (d) perform any functions consiste nt with its rules and bye-laws.  
 Control over the copyright society by the owner of rights  
 
131.  (1)  A collective society shall be subject to the control of the owners of rights whose rights it administers, not being owners of rights administered by a foreign society or organisation, and shall, in such manner as may be prescribed   
  (a) prepare a scheme for determining the quantum of remuneration payable to 
 individual owners of rights;  
   (b) obtain the approval of such owners of rights for its procedures of collection 
 and distribution of fees;  
 
  (c) obtain the approval of such owners for the utilization of any amounts 
 collected as fees for any purpose other than distribution to the owner of 
 rights; and  
   (d) provide such owners with regular, full and detailed information concerning 
 all its activities, in relation to the administration of their rights.  
  (2)  All fees distributed among the owners of rights shall as far as may be, be distributed in proportion to the actual use of their works.   Submission of returns and reports   
132.  (1)  A collective society shall submit to the Registrar such returns as may be prescribed. 
  (2)  The Registrar may call for any report or records of a collective society for the 
purposes of satisfying himself that th e fees collected by the society in respect of rights administered 
by it are being utilized or distributed in a ccordance with the provision of this Act.  
 
Rights and liabilities of performing rights societies 
 
133.  Nothing in this Part shall affect the right s or liabilities in any work in connection with a 
performing rights society which had accrued or we re accrued on or before the day prior to the 
commencement of this Act on any legal proceedings  in respect of any such rights or liabilities 
pending on that day.     IP/N/1/VCT/C/1 
 Page 81 
 
 
  PART XI – GENERAL 
 
Order for disposal of infringing copy or illicit recording  
 
134.  (1)  An application may be made by the owner of a copyright to the Court for an order 
that  
   (a) an order that an infringing copy or article delivered up in of pursuance of an 
 order under section 30 and 46 shall be  
 
   (i) forfeited to the copyright owner; or  
    (i) destroyed or otherwise dealt with as the Court may direct;     (b) an order that an illicit recording of  a performance deliver ed up in pursuance 
 of an order under section 125 or 128 shall be  
    (i) forfeited to such person having performer’s rights or recording rights 
  in relation to the performance as the Court may direct; or  
    (ii) destroyed or otherwise dealt with as the Court thinks fit;  
 
or a decision that no order under paragraph (a) or (b) should be made.    (2)  In considering what order should be ma de, the Court shall have consideration of the 
following:  
 
  (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 compensate the copyright  owner and to protect his interest;  
   (b) where the infringement relates to  rights conferred under Part IX, whether 
 other remedies available in an action for infringement of those rights would 
 be adequate to compensate the person or  persons entitled to the rights and to 
 protect their interests.  
  (3)  Provisions shall be made by order of Court with respect to the service of notice on 
persons having an interest in the copy or other articles or the illicit recording, as the case may be, and 
any such person shall be entitled    (a)  to appear in proceedings for an or der under this section whether or not he was 
 served with notice; and 
 
  (b) to appeal against any order made, whether or not he appeared,  
 and an order shall not take effect until 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.  
 
 (4)  Where there is more than one person inte rested in an infringing copy other article, or 
recording, the Court shall make such order as it thi nks just and may in particular, direct that such 
copy, article or recording be sold, or othe rwise dealt with, and the proceeds divided.  
 IP/N/1/VCT/C/1 
Page 82  
 
   (5)  If the Court decides that no order should be made under this section, the person in 
whose possession, custody or control the copy, artic le or, recording was before being delivered up or 
seized is entitled to its return.    (6)  References in this section to “a person ha ving an interest in a copy or other article or 
a recording” include any person in whose favour an or der could be made in respect of the copy, article 
or, as the case may be, a recording under this section.   
Period after which delivery up not available  
 135.  (1)  An application for an order under secti on 30 or 125 may not be made after the end of 
the period of six years from the date on which the in fringing copy or article or, the illicit recording in 
question was made, subject to the following provisions.    (2)  If during the whole or any part of that period a person entitled to apply for an order  
 
  (a) is under a disability; or     (b) is prevented by fraud or concealment from discovering the facts entitling him 
 to apply,  
 
an application may be made by him at any time before the end of the period of six years from the date 
on which he ceased to be under a disability or, coul d with reasonable diligence have discovered those 
facts.    (3)  An order made under section 30 or 126 shall not, in any case be made after the end of 
the period of six years from the date in which the in fringing copy or article or, the illicit recording in 
question was made.   
General civil remedies 
 
136.  (1)  The Court shall have the authority  
 
  (a) to order the impounding of copies of works or sound recordings suspected of 
 being made or imported without the au thorisation of the owner of any right 
 protected under this Act when the making or importation of copies as subject  to such authorisation as well as the impounding of the packaging of the 
 implements that could be used for the making of such copies;  
   (b) to order the forfeiture and seizure of air plates, moulds, matrices masters 
 tapes, film negatives or other articles by means of which such copies of  works or sound recordings may be re produced, and all electronic, mechanical 
 or other devices for manufacturing, reproducing or assembling such copies of 
 works or sound recordings.  
  (2)  The provisions of subsection (1) (a) shall not be applicable to copies and their packaging which were acquired by a third party in good faith.   
 (3)  Where there is a danger that acts of in fringement may be continued, the Court shall, 
in addition to any penalty imposed, impose a fine of five hundred dollars for each day on which the 
infringement is continued.    IP/N/1/VCT/C/1 
 Page 83 
 
 
  Time limit for prosecution 
 
137.  No prosecution for an offence under this Act shall be commenced after the expiration of one 
year after the discovery of the offence.   Powers of members of Police Force  
 
138.  (1)  Subject to section 139, a police officer not below the rank of a Sargeant may,    (a) enter and search any premises or place;  
 
  (b) stop, board and search any vessel other than a ship of war; or any aircraft 
 other than a military aircraft; or  
   (c) stop and search any vehicle  
 
in which he reasonably suspects th ere is an infringing copy of a wo rk or an illicit recording or any 
article used or intended to be used for ma king infringing copies or illicit recordings; and  
   (d) seize, remove or detain   
  (i) any article which appears to him to be an infringing copy or an illicit 
 recording or any other article which appears to him to be intended for  use for making such copies or recordings; and  
   (iii) anything which appears to him to be or to contain, or to be likely to 
 be or to contain, evidence of an offence under this Act.  
  (2)  A police officer not below the rank of a Sargeant may     (a) break open any outer or inner door of any place which he is authorised by this 
 section to enter and search;  
 
  (b) forcibly board any vessel, aircraft or  vehicle which he is authorised under this 
 Act to stop, board and search;  
   (c) remove by force any person or thi ng obstructing him in the exercise of any 
 power conferred on him by this Act;  
   (d) detain any person found in any place which he is authorised under this 
 section to search until such place has been searched;  
   (e) detain any vessel or aircraft which he  is authorised under this section to stop, 
 board and search, and prevent any pe rson from approaching or boarding such 
 vessel or aircraft until it has been searched;  
   (f) detain any vehicle which he is em powered under this Act to stop and search 
 until it has been searched.  
 
Restrictions on entry and search of premises 
 
139. (1)  Pursuant to section 138, no premises sh all be entered and searched by a police officer 
unless a magistrate has issued a warrant under subsection (2).  IP/N/1/VCT/C/1 
Page 84  
 
   
 (2)  A Magistrate or Justice of the Peace may, if he is satisfied by information on oath that 
there is reasonable ground for suspecting that th ere is in any premises any article which may be 
seized, removed or detained under any provision of this Act, issue a warrant authorising a police 
officer not below the rank of Inspector to enter and search the premises, and such member may call 
upon any constable to assist him in entering and searching the premises.  
  (3)  A police officer not below the rank of Sargeant authorised under subsection (2) to enter and search any premises may call upon any police officer to assist him in entering and searching 
the premises.  
 
 (4)  Premises means any premises or a part thereof, used exclusively or mainly as a 
dwelling.   
Obstruction of member of Police Force  
 
140.  (1)  Without prejudice to any other written law, any person who    (a) willfully obstructs a member of th e Police Force in the exercise of his powers 
 or the performance of his duties under this Act;  
 
  (b) willfully fails to comply with an y requirement properly made to him by any 
 such member; or  
   (c) without reasonable excuse fails to  give such member any other assistance 
 which he may reasonably require to be  given for the purpose of exercising his 
 powers or performing his duties under this Act,  
 commits an offence and is liable on summary convi ction to a fine not exceeding two thousand five 
hundred dollars or to imprisonment for a term not exceeding twelve months.    (2)  Nothing in this section shall be c onstrued as requiring any person to give any 
information which may incriminate him.  
 
Offences by body corporate  
 
141. 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 o fficer of the body corporate or any person who was 
purporting to act in any such capacity, he, as well as the body corporate, is guilty of that offence and 
is liable to be prosecuted agai nst and punished accordingly.  
 
Power to make regulations  
 
142. The Minister may make regulations prescribi ng such matters as are required or permitted by 
this Act to be prescribed or are necessary or desirable to be prescribed for giving effect to this Act.  
 
International organisations  
 
143. (1)  This section applies to international or ganisations as to which the Minister by order 
has declared that it is expedient that this section should apply.    IP/N/1/VCT/C/1 
 Page 85 
 
 
   (2)  Where an original literary, dramatic, musi cal or artistic work is first published by or 
under the direction or control of an international organisation to which this section applies in any 
circumstance whereby copyright would not, except by virtue of this subsection, subsist in the work 
immediately after the first publication thereof, and   
  (a) the work is so published in pursuan ce of an agreement with the author which 
 does not reserve to the author the co pyright, if any, in the work; or  
   (b) the work was made in circumstanc es that, if it had been first published in 
 Saint Vincent and the Grenadines, th e organisation would have been entitled 
 to the copyright in the work,  
 then, copyright shall subsist in the work by virtue of this section and the or ganisation shall be first 
owner of that copyright.   
 (3)  Copyright of which an international or ganisation is first owner by virtue of this 
section shall subsist until the end of the period of fifty years from the end of the calendar year in 
which the work was made or such longer period as may be specified by the Minister, by order, for the purpose of complying with the international oblig ations of Saint Vincent and the Grenadines.  
  (4)  An organisation to which this section applies which otherwise has not, or at some 
material time otherwise has not, the legal capacities of a body corporate shall have, and shall be 
deemed at all material times to have had, the en forcing copyright, and in connection with all legal 
proceedings relating to copyright.   
Act binds Crown  
 
144. This Act binds the Crown save that nothing in this Act shall render the Crown liable to prosecution.   
Regulations  
 145. The Minister may make regulations prescribi ng such matters as are required or permitted by 
this Act to be prescribed or as are necessary or desira ble to be prescribed for givi ng effect to this Act.  
 
Repeal Cap. 262  
 146. The Copyright Act, is repealed.  
 
Savings  
 
147. Nothing in this Act shall affect the operation of  any rule of equity relating to a breach of trust 
or confidence.  
 
Transitional provisions  
 
148.  (1)  Where immediately prior to the appoint ed day copyright subsists  in Saint Vincent and 
the Grenadines in any literary, dramatic, musical or ar tistic work by virtue of the Copyright Act, such 
copyright shall continue to subsist, and the person entitled thereto by virtue of that Act shall be the 
owner thereof, under and subject to this Act, and in particular     (a) the duration of such copyright;   IP/N/1/VCT/C/1 
Page 86  
 
    (b) the acts comprised w ithin the exclusive rights attaching to such copyright; 
 and  
   (c) the effect upon the ownership of such copyright of any event or transaction 
 occurring or of any contract or agreement made on or after the appointed day,  
 
shall be governed by this Act.    (2)  Where before the appointed day any pe rson has incurred any expenditure or liability 
in connection with or in contemplation of the doing of  an act in relation to a protected work or to a 
performance in respect to which rights are conferred by this Act, being an act which prior to that date 
would have been lawful, nothing in this Act shall diminish or prejudice any rights or interests which, in relation to that work or performance, are subs isting and valuable on the appointed day, unless the 
person who, by virtue of this Act, is the owner of the copyright or the person having rights in the 
performance, agrees to pay such comp ensation as, in default of agreement, may be fixed by the Court.  
 
 (3)  Where an act done  before the appointe d day was then an infringement of copyright 
but is not an infringement of copyright or rights in  a performance under this Act, then, proceedings in 
respect of that act may be taken as if this Act had not been passed.    (4)  An act done before the appointed day shall not be an infringement of copyright or 
rights in a performance conferred by this Act if that  act would not, but for the passing of this Act, 
have constituted an infringement.    (5)  Proceedings under this Act for infri ngement may be taken notwithstanding the 
alleged infringement occurred before the appointed day.  
 
 (6)  For the purposes of this section “appoin ted day” means the day appointed by the 
Governor–General pursuant to section 1.     
Passed in the House of Assembly this 20
th day of February 2003. 
     NICOLE HERBERT 
  Clerk of the House of Assembly (Ag.)  
  
__________