INTELLECTUAL PROPERTY RIGHTS
NATIONAL LEGISLATION - JAMAICA
The Copyright Act
1. Short title. This Act may be cited as the
Copyright Act.
2. Offences under this Act.
(1) If any person knowingly
(a) makes for sale or hire any infringing copy of a work in which
copyright subsists; or
(b) sells or lets for hire, or by way of trade exposes or offers for sale
or hire any infringing copy of any such work; or
(c) distributes infringing copies of any such work either for the purposes
of trade or to such an extent as to affect prejudicially the owner of the
copyright; or
(d) by way of trade exhibits in public any infringing copy of any such
work; or
(e) imports for sale or hire into this Island any infringing copy of any
such work,
he shall be guilty of an offence under this Act and be liable on summary
conviction to a fine not exceeding four dollars for every copy dealt with
in contravention of this section, but not exceeding one hundred dollars in
respect of the same transaction; and in default of payment of such fine to
imprisonment with or without hard labour for a term not exceeding two
months; or, in the case of a second or subsequent offence, either to such
fine with such imprisonment in default or to imprisonment with or without
hard labour for a term not exceeding two months.
(2) If any person knowingly makes or has in his possession any plate for
the purpose of making infringing copies of any work in which copyright
subsists, or knowingly and for his private profit causes any such work to
be performed in public without the consent of the owner of the copyright,
he shall be guilty of an offence under this Act and be liable on summary
conviction to a fine not exceeding one hundred dollars, and in default of
payment of such fine to imprisonment with or without hard labour for a
term not exceeding two months; or, in the case of a second or subsequent
offence, either to such fine with such imprisonment in default or to
imprisonment with or without hard labour for a term not exceeding two
months.
(3) Destruction or delivery up of all copies or plates. The Court before
which any such proceedings are taken may, whether the alleged offender is
convicted or not, order that all copies of the work or all plates in the
possession of the alleged offender, which appear to it to be infringing
copies or plates for the purpose of making infringing copies, be destroyed
or delivered up to the owner of the copyright or otherwise dealt with as
the Court may think fit.
3. Duties and powers of Collector-General. (14/1965 S. 2.) For the purpose
of the application of section 14 of the (U.K.) Copyright Act, 1911
(hereinafter referred to as the "United Kingdom Act") to the importation
into this Island of works made out of this Island
(1) The Collector-General shall perform the duties, and may exercise the
powers thereby imposed on or given to the Commissioners of Customs and
Excise of the United Kingdom.
(2) Regulations made by the Collector-General under that section shall
require the approval of the Minister.
(3) Regulations made under that section may provide that notices given to
the Commissioners of Customs and Excise of the United Kingdom, if
communicated by them to the Collector-General, shall be deemed to have
been given by the owner of the copyright to the Collector-General.
(4) That section shall have effect as if it formed part of the Customs
Act.
4. Power of Minister to make orders. (14/1965 S. 3.)
(1) In the application of section 29 of the United Kingdom Act in Jamaica
the powers by that section vested in Her Majesty in Council shall be
exercisable by the Minister, by order, in accordance with the provisions
of this section, instead of by Her Majesty in Council.
(2) In lieu of the provisions set out in subsection (2) of section 32 of
the United Kingdom Act, every order made by the Minister pursuant to this
section shall be published in the Jamaica Gazette and shall be laid before
both Houses of Parliament in Jamaica as soon as may be after it is made.
Date of Act: July 25, 1913.
|
The
following are bills and acts tabled in parliament. You will need Adobe Acrobat
Reader to read them.