Professional Documents
Culture Documents
COPYRIGHT ACT
CHAPTeR 82:80
Act
8 of 1997
Amended by
18 of 2000
5 of 2008
UNOFFICIAL VERSION
CHAPTeR 82:80
COPYRIGHT ACT
ARRANGEMENT OF SECTIONS
SeCTION
PART I
PReLImINARY
1. Short title.
2. Act inconsistent with the Constitution.
3. Interpretation.
4. Application.
PART II
COPYRIGHT
5. Copyright and copyright works.
6. Derivative works.
7. Subject matter not protected.
8. Nature of copyright.
9. Private reproduction for personal purposes.
10. Quotation.
11. Reproduction for teaching.
12. Reprographic reproduction by libraries and archives.
13. Reproduction, broadcasting and other communication to the public
for informatory purposes.
14. Reproduction and adaptation of computer programs.
15. Importation for personal purposes.
16. Display of works.
17. Permitted use of artistic works situated in public places.
PART III
mORAL RIGHTS
18. Moral rights.
PART IV
DuRATION OF COPYRIGHT AND mORAL RIGHTS
19. Duration of copyright.
19A. Duration of moral rights of performers.
ARRANGEMENT OF SECTIONS—Continued
SeCTION
PART V
NeIGHBOuRING RIGHTS
(PROTeCTION OF PeRFORmeRS, PRODuCeRS OF SOuND
ReCORDINGS AND BROADCASTING ORGANISATIONS)
20. Neighbouring rights subsisting in performances, sound recordings
and broadcasts.
21. Acts requiring authorisation of performers.
22. Acts requiring authorisation of producers of sound recordings.
23. Equitable remuneration for use of sound recordings.
24. Acts requiring authorisation of broadcasting organisations.
25. Limitations on protection.
PART VI
OWNeRSHIP AND ASSIGNmeNT
26. Original ownership of copyright and neighbouring rights.
27. Original ownership of copyright and neighbouring rights by
international organisations.
28. Assignments and licences.
29. Prospective ownership of author’s rights.
PART VII
CIVIL RemeDIeS
30. Action—definition of.
31. Action by owner of rights for infringement.
32. Action by exclusive licensee for infringement.
32A. Certain infringement actionable by non-exclusive licensee.
33. Exercise of concurrent rights.
34. Secondary infringements.
34A. Measures, remedies and sanctions against acts constituting
infringements of copyright and neighbouring rights.
34B. Abuses in respect of rights management information.
35. Presumption of authorship and of representation of the author.
36. Presumptions relevant to sound recordings, audio-visual works and
computer programs.
UNOFFICIAL VERSION
SeCTION
PART VIII
OFFeNCeS
41. Penalties in respect of infringing copies of a work, performance,
sound recording or broadcast.
41A. Penalties in respect of unauthorised public performance.
42. Offences by bodies corporate.
43. Time limited for prosecution.
44. Powers of the Magistrate.
45. Powers of police officers.
46. Obstruction of police officers.
47. Power to arrest without warrant.
48. Provision for restricting importation of infringing copies.
PART IX
PART X
FINAL PROVISIONS
54. Scope of application of Act.
55. Application of Act in relation to performers, sound recordings
and broadcasts.
56. Act No. 13 of 1985 repealed.
57. Regulations.
58. Savings.
59. Limitation of certain actions.
CHAPTeR 82:80
COPYRIGHT ACT
PART I
PReLImINARY
Short title. 1. This Act may be cited as the Copyright Act.
Act inconsistent
with the
2. This Act shall have effect even though inconsistent with
Constitution. sections 4 and 5 of the Constitution.
Interpretation. 3. For the purposes of this Act, the following terms have the
[5 of 2008].
following meaning:
“audio-visual work” is a work that consists of a series of related
images which impart the impression of motion, with or
without accompanying sounds, susceptible of being made
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PART II
COPYRIGHT
Copyright and
copyright
5. (1) Copyright is a property right which subsists in
works. literary and artistic works that are original intellectual creations
in the literary and artistic domain, including in particular—
(a) books, pamphlets, articles, computer programs
and other writings;
(b) speeches, lectures, addresses, sermons and other
works of the same nature;
(c) dramatic works, dramatico-musical works,
pantomimes, choreographic works and other
works created for stage productions;
(d) stage productions of works mentioned in
paragraph (c);
(e) musical works, with or without accompanying
words;
(f) audio-visual works;
(g) works of architecture;
(h) works of drawing, painting, sculpture,
engraving, lithography, tapestry and other works
of fine art;
(i) photographic works;
(j) works of applied art;
(k) illustrations, maps, plans, sketches and three-
dimensional works relative to geography,
topography, architecture or science.
(2) Works shall be protected by the sole fact of their
creation and irrespective of their mode or form of expression, as
well as of their content, quality and purpose.
Derivative 6. (1) The following shall also be protected as works:
works.
(a) translations, adaptations, arrangements and other
transformations or modifications of works;
(b) collections of works and collections of mere
data (databases), whether in machine readable
or other form, provided that such collections are
original by reason of the selection, co-ordination
or arrangement of their contents; and
(c) works of mas.
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PART III
mORAL RIGHTS
Moral rights. 18. (1) Independently of his copyright, and even where he
[5 of 2008].
is no longer the owner of copyright, the author of a work shall
have the right—
(a) to have his name indicated prominently on the
copies and in connection with any public use of
his work, as far as practicable;
(b) to not have his name indicated on the copies and
in connection with any public use of his work;
(c) to use a pseudonym; or
(d) to object to any distortion, mutilation or other
modification of, or other derogatory action in
relation to his work, which would be prejudicial
to his honour or reputation.
(2) None of the rights mentioned in subsection (1)
shall be transmissible during the life of the author, but the right
to exercise any of those rights shall be transmissible by
testamentary disposition or by operation of law following the
death of the author.
UNOFFICIAL VERSION
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PART V
NeIGHBOuRING RIGHTS
(PROTeCTION OF PeRFORmeRS, PRODuCeRS OF SOuND
ReCORDINGS AND BROADCASTING ORGANISATIONS)
20. Neighbouring rights are property rights which subsist in Neighbouring
rights subsisting
performances, sound recordings and broadcasts. in performances,
sound recordings
and broadcasts.
21. (1) Subject to the provisions of section 25, a performer Acts requiring
authorisation of
shall have the exclusive right to do, authorise or prohibit any of performers.
the following acts: [5 of 2008].
UNOFFICIAL VERSION
25. (1) Sections 21, 22, 23 and 24 shall not apply where the Limitations on
protection.
acts referred to in those sections are related to— [18 of 2000].
(a) the use by a natural person exclusively for his
own personal purposes;
(b) using short excerpts for reporting current events
to the extent justified by the purpose of
providing current information;
(c) use solely for the purpose of face-to-face
teaching activities or for scientific research;
PART VI
UNOFFICIAL VERSION
UNOFFICIAL VERSION
PART VII
CIVIL RemeDIeS
Action— 30. For the purposes of this Part, the expression “action”
definition of.
includes a counterclaim, and reference to the plaintiff and to the
defendant in an action shall be construed accordingly.
Action by 32. (1) An exclusive licensee has, except against the owner
exclusive
licensee for of copyright or neighbouring rights, the same rights and remedies
infringement. in respect of matters occurring after the grant of the licence as if
the licence had been an assignment.
(2) his rights and remedies are concurrent with those of
the owner of copyright or neighbouring rights; and references in
the relevant provisions of this Part to the owner of copyright or
neighbouring rights shall be construed accordingly.
UNOFFICIAL VERSION
as the case may be, the exclusive licensee may not, without the
leave of the Court, proceed with the action unless the other is either
joined as a plaintiff or added as a defendant.
(2) An owner of copyright or neighbouring rights or
exclusive licensee who is added as a defendant in pursuance of
subsection (1) is not liable for any costs in the action unless he
takes part in the proceedings.
(3) Subsections (1) and (2) do not affect the granting of
interlocutory relief on an application by an owner of copyright
or neighbouring rights or exclusive licensee alone.
(4) Where an action for infringement of copyright or
neighbouring rights is brought which relates (wholly or partly) to
an infringement in respect of which the owner of copyright or
neighbouring rights and an exclusive licensee have or had
concurrent rights of action—
(a) the Court may in assessing damages take into
account—
(i) the terms of the licence; and
(ii) any pecuniary remedy already awarded or
available to either of them in respect of
the infringement;
(b) no account of profits shall be directed if an
award of damages has been made, or an account
of profits has been directed, in favour of the
other of them in respect of the infringement; and
(c) the Court may, if an account of profits is
directed, apportion the profits between them as
the Court considers just, subject to any
agreement between them,
and these provisions apply whether or not the owner of copyright
or neighbouring rights and the exclusive licensee are both parties
to the action.
Secondary 34. (1) Copyright in a work is infringed by a person who,
infringements.
[5 of 2008]. without the authorisation of the owner of copyright—
(a) possesses in the course of a business;
(b) sells or lets for hire, or offers or exposes for sale
or hire;
UNOFFICIAL VERSION
UNOFFICIAL VERSION
34B. (1) The following acts are infringements of copyright and Abuses in
respect of rights
neighbouring rights: management
information.
(a) the alteration or removal of any electronic rights [5 of 2008].
management information without authority, from
any work, performance, sound recording, or
broadcast or any copy of such work,
performance, sound recording or broadcast; and
(b) the distribution, importation for distribution,
broadcasting or other communication to the
public, without authority, of any work,
performance, sound recording or broadcast, or
any copy of such work, performance, sound
recording or broadcast by any person who knows
or has reason to believe that electronic rights
management information has been removed from
or altered in such work, performance, sound
recording or broadcast, without authority.
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OFFeNCeS
UNOFFICIAL VERSION
43. No prosecution for an offence under this Act shall be Time limited for
prosecution.
commenced after the expiration of five years after the
commission of the offence or one year after the discovery
thereof, whatever date last occurs.
Powers of the
Magistrate.
44. (1) For the purposes of any offence under this Part,
[5 of 2008]. where copies suspected of being infringing copies of a work,
performance, sound recording or broadcast have been seized, it
shall be sufficient to examine one per centum or any five copies,
whichever is the lesser and where such examination establishes
that such copies are all infringing copies, it shall be presumed,
until the contrary is proven, that the remaining copies are
infringing copies.
(2) Where a person is convicted of an offence under this
Part the Magistrate shall in imposing a sentence be entitled to
take into consideration the entire number of infringing copies of
a work, performance, sound recording or broadcast seized at the
time of arrest or charge.
Powers of police 45. (1) A police officer not below the rank of Inspector, or a
officers.
[5 of 2008]. police officer below the rank of Inspector acting on the authority
of a warrant issued under subsection (4), 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 that there are infringing copies
of works, performances, sound recordings or broadcasts in which
copyright or neighbouring rights subsist or any plates, moulds,
matrices, masters, tapes, film negatives, or other articles by
means of which such copies of works, performances, sound
recordings or broadcasts may be reproduced, and all electronic,
mechanical or other devices for manufacturing, reproducing, or
assembling such copies of works, performances, sound
recordings or broadcasts and apparatus, implements and devices
used for transporting or marketing such copies.
(2) A police officer not below the rank of Inspector, or
a police officer below the rank of Inspector acting on the
authority of a warrant issued under subsection (4), may seize,
remove or detain—
(a) any article which appears to him to be an
infringing copy of a work, performance, sound
recording or broadcast in which copyright or
UNOFFICIAL VERSION
UNOFFICIAL VERSION
47. A police officer may arrest without a warrant any Power to arrest
without warrant.
person who—
(a) has committed or attempted to commit; or
(b) is reasonably suspected of having committed or
having attempted to commit an offence under
this Act if—
(i) he has reasonable grounds for believing that
the person will abscond unless arrested;
(ii) the name and address of the person are
unknown to him and cannot be
ascertained by him; or
(iii) he has reason to believe and believes that
the name and address given by the person
are false.
48. (1) The owner of copyright or neighbouring rights in any Provision for
restricting
published work or in any published sound recording may give importation of
infringing
notice in writing to the Comptroller of Customs and Excise— copies.
(a) that he is the owner of copyright or neighbouring
rights in the work or sound recording;
PART IX
UNOFFICIAL VERSION
50. Subject to this Act, the Court shall have jurisdiction— Jurisdiction of
Court.
(a) to determine any dispute which may be referred
to it pursuant to section 52; and
(b) to fix the amount of equitable remuneration or
compensation which by any provision of this
Act is required to be fixed by the Court in any
case where there has been no agreement
between a person and the owner of copyright
or neighbouring rights as to the amount of
remuneration or compensation payable in
respect of the use of the work, sound recording,
broadcast or performance.
UNOFFICIAL VERSION
53. (1) Except as provided for in subsection (2), the hearing Rights of appeal.
and determination of any proceedings before the Court in the
exercise of the jurisdiction conferred on it by this Part shall not
be challenged, appealed against, reviewed, quashed or called in
question in any Court on any account whatsoever.
(2) A party to proceedings before the Court by virtue of
the jurisdiction conferred on it by this Part is entitled as of right
to appeal to the Court of Appeal on any of the following grounds,
but no other:
(a) that the Court had no jurisdiction in the matter,
but it shall not be competent for the Court of
Appeal to entertain such ground of appeal,
unless objection to the jurisdiction of the Court
has been formally taken at some time during the
progress of the matter before the making of the
order or award;
(b) that the Court has exceeded its jurisdiction in
the matter;
(c) that the order or award has been obtained by fraud;
(d) that any finding or decision of the Court in any
matter is erroneous in point of law; or
(e) that some other specific illegality not mentioned
above, and substantially affecting the merits of
the matter, has been committed in the course of
the proceedings.
PART X
FINAL PROVISIONS
Scope of 54. (1) The provisions of this Act concerning the protection
application of
Act. of literary and artistic works shall apply to—
(a) works of authors who are nationals or residents
of, or domiciled in, Trinidad and Tobago;
(b) works first published in Trinidad and Tobago,
and works first published in another country and
also published in Trinidad and Tobago within
thirty days, irrespective of the nationality,
residence or domicile of their authors;
(c) audio-visual works, the producer of which is a
national or resident of, or domiciled in, Trinidad
and Tobago; and
(d) works of architecture erected in Trinidad and
Tobago and other artistic works incorporated in
a building located in Trinidad and Tobago.
(2) The provisions of this Act shall also apply to works
that are protected in Trinidad and Tobago by virtue of and in
accordance with any international convention or other
international agreement to which Trinidad and Tobago is party.
UNOFFICIAL VERSION
UNOFFICIAL VERSION
SuBSIDIARY LeGISLATION
ARRANGEMENT OF REGULATIONS
ReGuLATION
1. Citation.
2. Interpretation.
3. Notice to Comptroller.
4. Administrative fee.
5. Evidence in support of notice.
6. Notification of change in particulars.
7. Notification of acceptance or rejection of notice.
8. Security.
9. Release of security.
10. Indemnity.
11. Notice of seizure.
12. Notice of refusal to seize.
13. Inspection of copies and taking of samples.
14. Release of copies seized.
SCHeDuLe.
UNOFFICIAL VERSION
6. (1) A person who has given notice under section 48(1) of Notification of
change in
the Act shall notify the Comptroller in writing of any change in the particulars.
particulars specified in the notice or any subsequent information
furnished to the Comptroller within thirty days of the change.
(2) Where the notice is of a change of ownership of
copyright or neighbouring rights in a work or sound recording to
which section 48(1) of the Act relates, such notice shall, subject
to subregulation (3), remain in force for a period of thirty days
after receipt of the notice by the Comptroller.
(3) A notice under section 48(1) of the Act shall be
deemed to have been withdrawn—
(a) upon the expiration of the period specified in
subregulation (2); or
UNOFFICIAL VERSION
UNOFFICIAL VERSION
13. (1) The Comptroller shall allow the owner of copyright Inspection of
copies and
or neighbouring rights in the work or sound recording and the taking of
samples.
importer sufficient opportunity to inspect the copies which have
been seized and to take samples in order to substantiate or defend
any action or proceedings that may be brought by virtue of
section 48 of the Act.
(2) Samples shall be accounted for in such manner as
the Comptroller may direct.
14. (1) The Comptroller shall release any copies seized Release of
copies seized.
pursuant to the Act or these Regulations to the importer, if—
(a) within the period specified in a notice given under
section 48(1) or the time limited for bringing an
action under the Act, whichever is later, the owner
of copyright or neighbouring rights has—
(i) not brought an action for infringement of
rights in copyright or neighbouring rights,
or obtained, pending the initiation or
determination of such an action, an order
of the Court prohibiting the release of the
copies; and
(ii) not given to the Comptroller notice in
writing in the form set out as Form 7 in Form 7.
SCHeDuLe
Regulation 3(1). FORm 1
I, ........................................................................................................................
of .......................................................................................................................
hereby give notice that an infringement of copyright in the original work
specified in the Schedule to this Notice subsists under the Copyright Act, Ch. 82:80
............................................................................................................................
Signature: ...........................................................
...........................................................
(3)
UNOFFICIAL VERSION
SCHeDuLe
Title of work: ....................................................................................................
Description of work:..........................................................................................
Full name of author or authors: (4) ..................................................................
If the author or any one or more of the authors of the work is dead the name
of the deceased author or authors and the date or dates of death: (5) ..............
Date and place of first publication of work: (6)................................................
Description of infringing copies to be prohibited: (7) ......................................
NOTeS TO FORm 1
(1) If the Notice is given by the owner of copyright, insert “I am”,
if given by an agent or if the owner is a company or other body, insert the full
name of the owner and the word “is”.
(2) Specify the period for which requests treatment as prohibited
goods. This period should not exceed 5 years or extend beyond the end of the
period for which copyright subsists.
(3) If an agent insert “Agent of the owner” or if a company or
other body insert the name of the company and the position held by the
signatory in the company.
(4) If the author is anonymous or pseudonymous this should be
stated. Also state the period for which copyright subsists.
(5) Omit if the author is anonymous or pseudonymous.
(6) State the country and date of first publication.
(7) Give sufficient information to identify the infringing copies
including the names of the publishers and country of publication, if known. If
a particular shipment is to be prohibited insert details of that shipment. If all
importations of whatever source are to be prohibited this should be stated. If
importation of some copies only are to be prohibited provide details of the
source of those copies.
I,.........................................................................................................................
of .......................................................................................................................
hereby give notice that an infringement of neighbouring rights in the
sound recording specified in the Schedule to this Notice subsists under the
Signature: ........................................................
........................................................
(3)
SCHeDuLe
UNOFFICIAL VERSION
NOTeS TO FORm 2
(1) If the Notice is given by the owner of neighbouring rights, insert
“I am”, if given by an agent, insert the name of the owner and the word “is”.
(2) Specify the period for which requests treatment as prohibited
goods. This period should not exceed 5 years or extend beyond the end of the
period for which the neighbouring rights subsist.
(3) If an agent insert “Agent of the owner” or if a company or other
body insert the name of the company and the position held by the signatory in
the company.
(4) State the country and date of first publication.
(5) State the country and date of manufacture.
(6) Give sufficient information to identify the infringing copies
including the names of the publishers and country of publication, if known. If
a particular shipment is to be prohibited insert details of that shipment. If all
importations of whatever source are to be prohibited this should be stated. If
importation of some copies only are to be prohibited provide details of the
source of those copies.
STATuTORY DeCLARATION
I, ........................................................................................................................
of .......................................................................................................................
do solemnly declare that the contents of the Notice annexed hereto are true
and I make this declaration conscientiously believing the same to be true and
according to the provisions of the Statutory Declarations Act, Ch. 7:04.
Signature: ..........................................................................................................
Before me,
Commissioner of Affidavits
NOTICE is hereby given that the copies specified in the Schedule hereto have
been seized pursuant to section 48 of the Copyright Act, Ch. 82:80.
SCHeDuLe
UNOFFICIAL VERSION
To: .....................................................................................................................
(owner/agent of owner)
of .......................................................................................................................
Re: .....................................................................................................................
NOTICE is hereby given that the copies specified in the above-mentioned Notice
have been seized pursuant to section 48 of the Copyright Act, Ch. 82:80.
of .......................................................................................................................
TAkE NOTICE that the said copies may be released to the importer for any
of the reasons specified in regulation 14 of the Copyright (Customs)
Regulations.
To: .....................................................................................................................
(owner/agent of owner)
of .......................................................................................................................
Re: .....................................................................................................................
UNOFFICIAL VERSION
FORm 7 Regulation 14
(1)(a)(ii).
COPyRIGhT ACT, Ch. 82:80
Re: .....................................................................................................................
†I/We .................................................................................................................
of .......................................................................................................................
being the owner of the copies seized pursuant to the above-mentioned Notice
hereby give notice that ‡ Action No./Order No. ................................................
in the § ...............................................................................................................
................................................
* Briefly state the name of the work/sound recording to which the Notice relates.
‡ Insert the number of the action or order and the full name of the Court as
they appear in documents filed with the Court or issued by the Court.
Attach a copy of all documents filed with the Court or a copy of the order
issued by the Court.
§ If notice is given by a company or body insert the name and position of the
signatory in the company or body.
Regulation FORm 8
14(1)(a)(iii).
COPyRIGhT ACT, Ch. 82:80
Re: .....................................................................................................................
† I/We ..............................................................................................................
of .......................................................................................................................
................................................
* Briefly state the name of the work/sound recording to which the Notice relates.
‡ Insert the description of the copies and the number of packages, if known.
§ If notice is given by a company or body insert the name and position of the
signatory in the company or body.
UNOFFICIAL VERSION