|
No. 2 of 2004 |
AN ACT TO AMEND THE COPYRIGHT ACT |
[Date of Assent — 24th June, 2004] |
Enacted by the Parliament of The
Bahamas |
1.(1) This Act, which amends the
Copyright Act, may be cited as the Copyright (Amendment) Act, 2004. | Short title and commencement. Ch. 323. |
(2) This Act shall come into
operation on such day as the Minister may, by notice published in the Gazette,
appoint. |
2. Subsection (1) of section 2
of the principal Act is amended - | Amendment of section 2 of principal
Act. |
(a) in the insertion in their,
appropriate alphabetical order of the following definitions - |
"broadcast" means the transmission by
wireless telegraphy of visual images, sounds or other information for reception
by or presentation to members of the public and references to
"broadcasting" shall be construed accordingly; |
"cable programme" means any item
included in a cable programme service; |
"cable programme service" means a
service which consists wholly or mainly in sending visual images, sounds or
other information for reception by or presentation to members of the public by
means of a telecommunications system other than wireless telegraphy;
however the term does not include – |
(a) service or part of a service of
which it is an essential feature that while visual images, sounds or other
information are being conveyed by the person providing the service there will
or may be sent from each place of reception, by means of the same system or (as
the case may be) the same part of it, information (other than signals sent for
the operation or control of the service) for reception by the person providing
the service or other persons receiving it; |
(b) a service run for the purpose
of a business where - |
(i) no person except the person
carrying on the business is concerned in the control of the apparatus comprised
in the system; |
(ii) the visual images, sounds or
other information are conveyed by the system solely for purposes internal to
the running of the business and not by way of rendering a service or providing
amenities for others; and |
(iii) the system is not connected to any
other telecommunications system; |
(c) a service run by a single
individual where‑ |
(i) all the apparatus comprised
in the system is under his control; |
(ii) the visual images, sounds or
other information conveyed by the system are conveyed solely for domestic
purposes of his; and |
(iii) the system is not connected to any
other telecommunications system; |
|
(i) all the apparatus comprised
in the system is situated in, or connects, premises which are single
occupation; and |
(ii) the system is not connected
to any other telecommunications system, other than services operated as part of
the amenities provided for residents or inmates of premises run as a
business; and |
(e) services which are, or to the
extent that they are, run for persons providing broadcasting or cable programme
services or providing programmes for such services; |
"electronic" means actuated by
electric, magnetic, electro-magnetic, electro-chemical or electro-mechanical
energy, and "in electronic form" means in a form usable only by
electronic means; |
"future copyright" means copyright
which will or may come into existence in respect of any future work or class of
works or other subject-matter, or on the coming into operation of any
provisions of this Act, or in any other future event, and "prospective
owner" shall be construed accordingly and, in relation to any such
copyright, includes a person prospectively entitled thereto by virtue of such
an agreement as is mentioned in subsection (1) of section 22A; |
"telecommunications system" means a
system for conveying visual images, sounds or other information by electronic
means; |
"wireless telegraphy" means the sending
of electro-magnetic energy over paths not provided by a material substance
construed or arranged for that purpose;". |
(b) by the deletion of the definition
of "secondary transmission" and the replacement thereof of the
following - |
"secondary transmission" means the
simultaneous transmission of a primary transmission, unless delayed for
technical reasons, but does not include any transmission over the Internet or
any similar means of online delivery without the consent of the copyright
owner; ". |
3. Subsection (1) of section 9
of the principal Act is amended by the repeal and replacement of paragraphs (d)
and (e) with the following paragraphs | Amendment of section 9 of the
principal Act. |
"(d) in the case of a literary,
musical, dramatic and choreographic, and motion pictures and other audiovisual
works, to perform the copyright work publicly; |
(e) in the case of a literary,
musical, dramatic and choreographic, artistic works, including the individual
sequence images of a motion picture audiovisual work, to display the copyright
work publicly; and |
(f) to broadcast the copyright work
or include it in a cable programme service.". |
4. Subsection (4) of section 12
of the principal Act is repealed and replaced as follows - | Amendment of section 12 of the
principal Act. |
|
"derogatory treatment" means, in
relation to a work, any distortion, mutilation or other modification of that
work which would be prejudicial to its author's reputation.". |
5. Subsection (2) of section 22 of the
principal Act is repealed and replaced as follows - | Amendment of section 22 of the
principal Act. |
"(2)A licensee under an exclusive
licence shall have the same rights against a successor in title who is bound by
the licence as he has against the person granting the licence.". |
6. The principal Act is amended
by the insertion immediately after section 22 of the following section - | Insertion of new section 22A into
the principal Act. |
"Future copyright.
| 22A.(1) Where by an agreement made in
relation 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 (in whole or in part) to another person (in this subsection referred
to as "the assignee"), then, if on the coming into existence of the
copyright, the assignee or a person claiming under him would, apart from this
subsection, be entitled as against all other persons to require the copyright
to be vested in him (in whole or in part, as the case may be), the copyright
shall, on its coming into existence, vest in the assignee or his successor in
title accordingly by virtue of this subsection and without further assurance. |
| | (2)Where, at the time when any
copyright comes into existence, the person who, if he were then living, would
be entitled to the copyright is dead, the copyright shall devolve as if it had
subsisted immediately before his death and he had then been the owner of the
copyright. |
| | (3)Where a licence is granted by a
prospective owner of any copyright, that licence shall be binding upon every successor
in title to his interest in the copyright, except a purchaser in good faith for
valuable consideration and without notice (actual or constructive) of the
licence or a person deriving title from such a purchaser; and references
in this Act, in relation to any copyright, to the doing of anything with or
without (as the case may be), the licence of the prospective owner of the
copyright shall be construed accordingly.". |
7. Section 75 of the principal
Act is amended - | Amendment of section 75 of the
principal Act. |
(a) in paragraph (b), by the
insertion immediately after the word "if" of the words "and to
the extent that"; and |
(b) by the repeal of paragraph (f) and
the re-lettering of paragraphs (g) and (h) as paragraphs (f) and (g)
respectively; and |
(c) in the new paragraph (f), by the
insertion of the word "the" after the words "directed to"
occurring therein. |
8. Section 83 of the principal
Act is amended by renumbering the section as subsection (1) and by the
insertion thereafter of the following - | Amendment of section 83 of the
principal Act. |
"(2)For the purposes of this
section "transmission" means communication and reception over the air
and not encrypted. |
(3)For the avoidance of doubt, it is
hereby declared that this section shall not apply to the Internet.". |
9. Section 132 of the principal
Act is amended by renumbering the section as subsection (1) and by the
insertion thereafter of the following - | Amendment of section 132 of the
principal Act. |
"(2) The Performers' Protection
Act is repealed.". | Ch. 348 1987 Revised Edition. |