Intellectual Property

COPYRIGHT AND YOU

Do you write songs? Create choreography? Publish books or plays or poems? Direct films? Create works of art? Even create software? In short, do you express your creative thoughts, dreams and ideas? If so, the following information is for YOU!

You are the possessor of the copyright in your creations. This right covers virtually all forms of literary, artistic, dramatic and musical works, along with the creation of multi-media software. Performing artists and producers of sound recordings and films are also included. As a result, you have certain entitlements (and responsibilities) under the Copyright Act 1998. Let's look at some frequently asked questions about copyright.

What is copyright?
To what does copyright apply?
To whom does copyright apply?
Does my copyright receive protection overseas?
Who owns the Copyright in a particular work?
When doesn't copyright apply?
How long does copyright last?
How do I copyright my work?
What about copyright violation?
How do I control and exploit my copyright material?
How do I enforce my copyright?
What is the purpose of the Copyright Unit?

Q: What is copyright?

A: Copyright, basically, is the right to copy. For example, only the author of a creative work (the copyright owner) has the right to produce, reproduce, publish, distribute, broadcast his work or any part of it, and authorise anyone else to do so.

It is formally described as an intellectual property right, consisting of a group of different rights that a creator has in the creations of his intellect. Some of these rights, known as economic rights, can be separately transferred, assigned, sold or licensed to others.

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Q: To what does copyright apply?

A: Copyright does not protect an idea in itself, but the expression of an idea. For example, many people may have an idea for a novel, but the person who actually writes the novel is the one who will be protected by law.

The Copyright Act 1998 applies to original literary, dramatic or artistic works; sound recordings, film, broadcast or cable programmes, typographical arrangement of published works.
Literary works do not include dramatic or musical (instrumental alone), but cover written, spoken or sung works, computer programmes, written tables and compilations.
Artistic works include paintings, drawings, engravings, etchings, lithographs, woodcut or similar work, as well as photographs, sculpture, buildings and models of buildings.
Dramatic works include dances, mimes and performances of plays and scripts.

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Q: To whom does copyright apply?

A: All Barbadians, legal residents of Barbados, and companies established under the Companies Act are qualified to be copyright owners. Bilateral and multilateral Treaties also protect citizens, residents and companies of certain other countries.

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Q: Does my copyright receive protection overseas?

A: Barbadians qualify for protection in at least 116 other countries around the world. A list of these countries may be obtained from the Copyright Unit.

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Q: Who owns the Copyright in a particular work?

A: The Copyright Act provides that the author of a work is the "first owner" of the copyright in a work unless there is an agreement to the contrary. The first owner may transfer, assign, or license his economic rights to someone else.

The author is the person who creates the work. For literary work, it is the author of the material. In relation to artistic work, it is the artist. A photographer who takes the photograph is the first owner of the copyright. The publisher is the copyright owner of a typographical arrangement of the published work; and the composer of a musical work owns the rights in that musical piece.

The person providing a cable service that includes a particular programme owns the copyright therein. Similarly, the person who arranges the recording of a film or sound recording holds the rights for the recording.

In terms of broadcasting, the person transmitting the programme or who has provided the programme for broadcast and is responsible for its content is the holder of the copyright.

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Q: When doesn't copyright apply?

A: Only original and substantial works are capable of being protected by copyright law. Copyright does not normally protect titles, names, slogans, short phrases, plots or factual information.

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Q: How long does copyright last?

A: Copyright in literary, dramatic, musical and artistic works has a is deemed to last for the lifetime of its creator plus the period of 50 years after his or her death. In the case of sound recordings and film, the duration is 50 years from the end of the year in which it was made.

In terms of cable or broadcast programming, copyright lasts for 50 years from the end of the year in which the broadcast took place.

Copyright in typographical arrangements lasts for 25 years from the year in which the edition was first published.

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Q: How do I copyright my work?

A: As soon as you record your original creation or work, whether in writing or another form, copyright begins automatically. There is no registration of copyright in Barbados or in many of the other foreign countries that recognize Barbadian copyright holders.

The finished product of your work must bear your name and the year or date of creation or publication. You may also use the universal copyright symbol (c) or the word "copyright" on the copies of your work alongside your name and the date or year. This serves to give notice to others of your rights in the work and help you prove your copyright ownership in Court.

A common method of recording copyright is to place a copy of your creation in an self- addressed envelope, seal it and post it to yourself via registered mail. Once the envelope arrives, leave the envelope sealed and keep it safely. This method serves as further proof of your copyright. You are advised to also keep all rough work, sketches and materials used in the creative process as further proof.

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Q: What about copyright violation?

A: Copyright violation, better known as copyright infringement, arises when a person does anything to an original work owned by another without permission or a licence to do so.

However, there are exceptions to be found within the Copyright Act that enable users of copyrighted material to use them under certain circumstances in for carefully-defined purposes.

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Q: How do I control and exploit my copyright material?

A: As the copyright holder, you are entitled to license your work or permit other to use it in return for payment, usually in the form of royalties. An Attorney-at-Law may be able to assist you in the drafting of a licensing contract to govern the use and exploitation of your work. In addition, there are private sector bodies that are designed to administer collection of royalties on behalf of copyright owners on a collective basis.

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Q: How do I enforce my copyright?

A: Copyright infringement is a crime under the Act, which can lead to fines and / or imprisonment for those responsible. The enforcement of your copyright depends solely upon YOU. In the event that you discover that your copyright is infringed, the Police and the Supreme Court will provide your best avenues to seek remedies against those who have infringed your copyright. At the very least, consult an Attorney-at-Law to advise you on your options. Consider, though, that unless you report such infringement to the Police, they will be unable to assist you. They are empowered to conduct investigations, carry out searches and seizures, and lay charges in these matters.

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Q: What is the purpose of the Copyright Unit?

A: The Copyright Unit is an arm of the Corporate Affairs and Intellectual Property Office, which in turn is a department of the Ministry of Industry and International Business. The Unit was set up on 1 June 2000 in order to provide the general public and copyright holders with information and guidance in relation to copyright and related subjects in Barbados.

The Unit does not enforce the Copyright Act, nor does it give legal advice to the public. Any legal advice that is required should be sought from a private practitioner.


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IMPORTANT NOTE: The preceding notes and all published material contained in this website are intended to provide general information to the public on the various topics covered. The material published on this website is the copyright of the Government of Barbados and may not be reproduced in whole or part unless permission is first obtained from the Corporate Affairs and Intellectual Property Office. Further, the information provided on this website should not be used in substitution for consulting the texts of the relevant Laws of Barbados or seeking independent legal or other advice.