Intellectual Property

COPYRIGHT FOR COPS AND CUSTOMS

What is piracy ?
Examples of piracy
Offences under the Copyright Act 1998
For example ?
Liability of the offender
Other orders
Limitation of prosecution
Other offences
Entry and search
Civil proceedings

What is piracy ?

Piracy is the deliberate infringement of copyrighted material on a commercial scale without authorisation of the owner.

Many offences under the Copyright Act 1998 amount to piracy. This document is designed to give police officers and customs officials a ready reference guide to the offences under the Act, the penalties that may be imposed by the Courts, the civil remedies available and some examples of piracy.

Back to Top

Examples of piracy

Simple Piracy - unauthorised duplication of an original recording or other copyrighted material for commercial gain.

Counterfeiting - a duplication of copyrighted material that is packaged in a way that closely resembles the original, with the intention of misleading customers into thinking that they are buying the original product.

Bootlegging - unauthorised recording of a live or broadcast performance or webcast and the duplication and sale of these unauthorised recordings.

Back to Top

Offences under the Copyright Act 1998

1. Making for sale or hire any article which the manufacturer knows or has reason to believe is an infringing copy of a protected work (e.g. compact disc, videotape)

2. Selling or renting; offering or exposing for sale or rent; exhibiting in public or distributing in the course of business, any article which the offender knows or has reason to believe is an infringing copy of a work.

3. Distributing any article which the offender knows or has reason to believe is an infringing copy of the work, other than in the course of business.

4. Importing an infringing copy of a work other than for private or domestic use.

All of the acts set out above must be done to such a degree as to prejudice the rights of the copyright owner.

Back to Top

For example ?

The illegal copying of music onto compact discs, and/or audio cassettes. Anyone involved in the production, sale and distribution of these items may be found guilty of an offence.

The downloading and/or copying of computer software (whether game, educational or business software) for distribution or sale purposes, without authorisation of the copyright owner.

The copying and recording of movies and /or video for commercial rental without the permission of the copyright owner or production studio.

Making photocopies of a book or other printed material without the permission of the owner or publisher.

Back to Top

Liability of the offender

If convicted under section 132 of the Copyright Act for making illicit copies of a copyrighted work, the offender may be sentenced by a Magistrate to a fine of up to $50,000.00, imprisoned for up to 2 years, or both. On conviction before the High Court, the offender may be fined up to $150,000.00, jailed for 5 years, or both.

If an offender is found guilty of dealing in infringing works, section 46 provides for fines ranging from $25,000.00 to $50,000.00 and terms of imprisonment ranging from 2 to 3 years, if sentenced by a Magistrate. On indictment, the range of fines that may be imposed by a Judge is $50,000.00 to $100,000.00; the terms of imprisonment from 3 to 5 years.

Liability lies not only with persons in possession of infringing works, but also with persons in possession of the means to carry out illicit duplication of copyrighted works (VCRs, recording equipment for audio cassettes, pressing plants and CD-R and CD-RW drives for duplication of compact discs and CD-ROM.

Companies and other bodies corporate may also be liable for copyright infringement. If a director, corporate secretary, or manager of the company has consented or connived to the infringement of copyright, that person may be liable to the same criminal sanction.

Back to Top

Other orders

Under section 47 of the Act, the owner may seek, or the Court may make on its own volition, an Order requiring the offender to "deliver up" all infringing copies to the copyright owner. The Court must be satisfied that the offender was in possession of the illicit copies of the copyright work at the time of his arrest or charge. This Order can also be made in respect of the means or equipment for the purpose of making copies. (see above)

This Order may be followed up with an Order to

(a) forfeit the infringing article to the copyright owner; or

(b) destroy the infringing article; or

(c) dispose of the infringing article by such means as the Court sees fit.

It should be pointed out that an Order for delivery up of infringing material cannot be applied for nor made after six years after the date that the infringing copy was made or in certain specified instances, six years after the date of discovery of the existence of the infringing copy.

Back to Top

Limitation of prosecution

No prosecution can be mounted after five years from the date of the commission on an offence under the Act, or one year from the date of discovery of the commission of the offence, whichever is later.

Back to Top

Other offences

Wilful obstruction of an officer in the execution of his duties, or failure to assist the officer in the execution of his duties by a person suspected of infringing copyrighted works is an offence under section 140 of the Act.

Any person who knowingly gives false information in the circumstances is liable to be charged. This includes the false warranty of authorization to give consent to the mounting of an investigation.

Back to Top

Entry and search

A police officer is empowered under section 138 of the Act, once a warrant is issued, to enter any premises or place, stop, board and search any civilian vessel or aircraft, or stop and search any vehicle, in which that officer reasonably suspects there is an infringing copy of a copyrighted work, or any article or equipment used or intended for use in the production of infringing material.

A police officer may also seize, remove, or detain any article which appears to be an infringing copy of an illicit recording or equipment for the production of such copies.

Other powers relating to search and seizure are set out in the Act.

Back to Top

Civil proceedings

The copyright owner may

(a) seek an injunction to prevent the offender from copying, distributing or importing/ exporting illicit copied of his works;
(b) An order may be sought for delivery up of the infringing article, under similar constraints as for delivery up in criminal cases
(c) An order may be sought for disposal of infringing materials
(d) A lawsuit may be brought and damages awarded against the offender
(e) An order known as an "Anton Piller" Order may be applied for on behalf of the copyright owner or his agent, allowing for the search, seizure and detention of infringing materials, equipment used for the production of infringing materials, or records of transactions in infringing works. This order is subject to stringent conditions; the advice of an attorney-at-law should be sought prior to seeking this or any other civil remedy.

Back to Top


			General Information
			Trademarks Patents	Industrial Designs Copyright and You Copyright for Cops and Customs

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.