WORLD TRADE ORGANIZATION 
ORGANISATION MONDIALE DU COMMERCE 
ORGANIZACION MUNDIAL DEL COMERCIO 
Omncil for Trade-Related Aspects of 
Intellectual J>roperty Rights IJ>~/1/GRD/C/2 
12 March 2002 
(02-1272) 
Original: Englishl 
anglaisl 
ingles 
MAIN DEDICATED INTELLECTUAL J>ROJ>ERTY 
LAWS AND REGULATIONS NOTIFIED UNDER 
ARTICLE 63.2 OF THE AGREEMENT 
GRENADA 
The present document reproduces the texe of the Copyright Act, CAP. 67, as notified by 
Grenada under Article 63.2 of the Agreement (see document IP/NllIGRD/l). 
Conseil des aspects des droits de proprU~te 
inteUectueUe qui touchcnt au commerce 
J>RINCIJ>ALES LOIS ET REGLEMENTATIONS CONSACREES A LA 
PROJ>RIETE INTELLECTUELLE NOTIFIEES AU TITRE 
DE VARTICLE 63:2 DE L'ACCORD 
GRENADE 
Le present document contient le textel de la Loi sur le droit d'auteur, CAP. 67, notifiee par la 
Grenade au titre de l'article 63:2 de l'Accord (voir le document IP/NIlIGRDIl). 
Omsejo de los Aspectos de los Derechos de Propiedad 
In.telectual relacionados con cl Comercio 
J>RINCIPALES LEYES Y REGLAMENTOS DEDICADOS A LA 
PROPIEDAD INTELECTUAL NOTIFICADOS EN VIRTUD 
DEL J>A.RRAFO 2 DEL ARTicULO 63 DEL ACUERDO 
GRANADA 
En el presente documento se reproduce el texto] de la de Derecho de Autor, CAP. 67, 
notificado por Granada de conformidad con 10 dispuesto en el parrafo 2 del articulo 63 del Acuerdo 
(vease el documento IP/NIlIGRDIl). 
1 In English only.lEn anglais seulement.lEn ingles solamente. IPINIlIGRD/C/2 
Page 2 
COPYRIGHT ACT 
Arrangement of Sections 
Section 
PART I 
PRELIMINARY 
1. Short tide 
2. Interpretation and application 
3. Publication 
4. Broadcasting, and communication by cable. not to constitute 
performance 
PART II 
COPYRIGHT 
5. Categories of protected works 
6. Qualifications for protection 
Nature of copyright 
8. Duration of copyright 
PART III 
NEIGHBOURING RIGHTS 
9. Categories of protected productions 
10. Qualifications for protection 
11. Nature of protection 
12. Duration of protection 
13. Performers' rights 
14. Duration of performers' rights 
15. Rights in published editions 
16. Copyright and neighbouring rights to subsist independently 
PART IV 
OWNERSHIP AND ASSIGNMENT 
Section 
17. Ownership of copyright and other rights 
18. Assignments and licences 
19. Meaning of owner of copyright or neighbouring rights 
20. Prospective owner of copyright and neighbouring rights 
21. Devolution by will of rights in unpublished manuscripts or other 
original records PART V 
INFRINGEMENTS 
22. Definition of "action" 
23. Infringements IPfNI11GRD/C/2 
Page 3 
24. Liability for infringement in a place of public entertainment 
25. Action by owner of copyright or neighbouring rights for infringement 
26. Wide injunction available to licensing bodies 
27. Proceedings in cases of copyright or neighbouring rights subject 
to exclusive licence 
28. Presumptions as to subsistence and ownership of copyright and 
neighbouring rights 
29. Presumptions in relation to authorship of protected works 
30. Evidence in relation to recordings 
31. Evidence in relation to audio-visual productions 
32. Privilege against incrimination of self or spouse not available in 
infringement and related proceedings 
33. Provision for restricting importation of infringing copies 
PART VI 
EXCEPTIONS 
34. Acts which do not constitute infringement 
35. Statutory licences, broadcasting, etc. 
PART VII 
OFFENCES, ETC. 
36. Offences in respect of dealings that infringe protected work 
37. Offence of unauthorized public performance 
38. Offences in respect of records made without the consent of performers 
39. Special defence in case of private and domestic use 
40. Offence in respect of broadcasting or communicating by cable 
41. Offence of making or possessing plates. etc., for contravention of 
section 38 
42. Power of court to order destruction and forfeiture 
43. Special defences 
44. Performer's consent by agent 
450 Offence if performer's consent is represented and given without 
authority 
46. Powers of police officers 
47. Restriction on entry and search of domestic premises 
48. Offence of obstructing police, etc. 
49. Power to arrest without warrant 
50. Offences by officers of a body corporate 
51. Time limit for prosecution JP INI11GRD/C/2 
Page 4 
PART VIII 
MORAL RIGHTS 
52. Authors' moral rights 
PART IX 
SPECIAL JURiSDICTION OF THE HIGH COURT 
53. Interpretation of Part 
54. Jurisdiction of the High Court 
55. Procedure in proceedings before the High Court 
56. Disputes with licensing bodies may be referred to High Court 
57. Right of appeal to Court of Appeal on certain grounds 
PART X 
INTERNATIONAL ARRANGEMENTS 
58. Application of Act to other countries 
59. Denial of copyright or neighbouring rights to citizens of countries 
not giving adequate protection to Grenada works or performances 
60. Application of Act to international organizations 
61. Original works made or first published by international organizations 
62. Recordings and audio-visual productions made or first published 
by international organizations 
PART XI 
MISCELLANEOUS 
63. Power of Minister to make regulations 
64. Copyright and neighbouring rights subsist only under this Act 
65. Transitional provisions 
66. Savings 
SCHEDULE-Rates of Royalties payable for recording Musical 
and Literary Work:; CONTENTS 
VOLUME HI 
CAP. TITLE 
67. Copyright 
68. Copyright (Delivery of Books) 
69. Coroners 
70. Cotton (Control) 
71. Council of Legal Education 
72. Cremation 
73. Crown Lands 
74. Crown Proceedings 
75. Currency 
76. Dairy Industry 
77. Deceased Americans Consular Representation 
78. Deceased Officer's Salary or Pension 
79. Deeds and Land Registry 
80. Department of Labour 
81. Destruction of Court Records 
82. Diplomatic Privileges and Immunities 
83. Distribution and Price of Goods 
84. Education 
85. Education (Compulsory at Primary Schools) 
86. Electricity Supply 
87. Embarkation Tax 
88. Emergency Powers 
89. Employers 
90. Employment of Women, Young Persons and Children 
91. Evangelical Churches of the West Indies (Incorporation) 
92. Evidence 
93. Exchange Control 
94. Excise 
95. Excise (General Commodities) 
96. Explosives 
97. Exportation of Fruit 
98. Extradition 
99. Facilities for Title 
100. Factories 
101. Father Hilarion (Cheshire) Home (Incorporation) 
102. Finance and Audit 
103. Fire Brigades 
104. Fire Inquiry 
10 5. Ftrearms 
106. First Church of Christ. Scientist (Incorporation) 
107. Fiscal Incentives 
108. Fisheries IPINIl/GRD/C/2 
Page 5 IP /Nil IORD/e/2 
Page 6 
CHAPTER 67 
AN ACT to make provision for the protection of copyright 
and neighbouring rights, and for incidental and connected 
matters 
[3rd February, 1989] 
PART I 
PRELIMINARY 
L This Act may be .cited as the 
COPYRIGHT ACT. 
2. (1) In this Act­
"adaptation" means-
(0) in relation to a literary work in a non-dramatic 
form, a version of the work (whether in its 
original language or in a d.ifferent language) in 
a dramatic form; 
Cb) in relation to a literary work in a dramatic form, 
a version of the work (whether in its original 
language or in a different language) in a non­
dramatic form; 
(c) in relation to a literary work (whether in a non­
dramatic form or in a dramatic form)-
(i) a translation of the work; or 
(ii) a version of the work in which the story 
or action is conveyed solely or principally 
by means of pictures; and 
(d) in relation to a musical work, an arrangement 
or transcription of the work; 
"artistic work" means-
(a) a painting, sculpture, drawing, engravmg or 
photograph. whether the work is of artistic 
quality or not: 
(b) a building or a model of a building, whether 
the building or model is of artistic quality or 
not; or 
(c) a work of artistic craftsmanship to which neither 
paragraph (a) nor paragraph (b) applies; 
"audio-visual production" means the aggregate of a series 
of related visual images, together with accompany­
ing sounds, if any, which is capable of being shown 
by means of a mechanical, electronic or other device 
and irrespective of the nature of the material support 
on which the visual images and sounds, if any, are 
carried, but does not include a broadcast; Act 
32 of 1988 
Short tide 
Interpretation 
and 
application "author" means-
(a) in relation to a literary work, the author of the 
work~ 
(b) in relation to a musical work, the composer: 
(c) in relation to an artistic work other than Cl 
photograph. the artist; 
(cl) in relation to a photograph, the person taking 
the photograph: 
"a broadcast" means the aggregate of sounds, or of sounds 
and visual images. embodied in a programme as 
transmitted by radio or television broadcasting: 
"to broadcast" means to transmit, by the emission of 
electro-magnetic energy otherwise than over a path 
that is provided by a material substance, visual images 
or sounds, or both. for reception by the public 
notwithstanding that-
(a) subsequent to the initial transmission, but before 
reception by the public. the images or sounds 
may be carried on a path provided by a material 
substance; 
(b) the pubJic receiving. or capable of receiving, 
the images or sounds is i'n a country other' than 
that from which the original transmission took 
place; 
(c) no member of the public actually receives the 
images or sounds: 
Provided oniy that members of the public 
could, if in possession of suitable apparatus, 
receive them; 
"building" includes a structure of any kind; 
"communication by cable" in relation to a protected work, 
production or performance, means the transmission 
to the public over wires, or other paths provided 
by a material substance, of the work, production or 
performance; 
"computer software" means a set of instructions whether 
expressed in words or in schematic or other form, 
which is capable, when incorporated in a machine­
readable medium, of causing an electronic or other 
device having information-processing capabilities to 
indicate, perform or achieve a particular function, 
task or result; 
"copy" in relation to an audio-visual production or a 
broadcast, means any print, negative, tape or other 
article on which the production or broadcast, or a 
part thereof. is recorded; IPfNI1/GRD/C/2 
Page 7 IP/N/1/GRD/C/2 
Page 8 
,. copyright' , means copyright subsisting under Part 
"distribution" mean:.; the distribution to the public for 
commercial purposes, of copies of a work or 
production by way of rental, lease, hire, loan or 
similar arrangement; 
"dramatic work" includes-
(a) a choreographic show or entertainment in dumb 
show; and 
(b) a scenario or script for an audio-visual production 
but does not include an audio-visual production, 
as distinct from the scenario or script, for an 
audio-visual production; 
"drawing" includes a diagram, map. chart or plan; 
-"engraving" includes an etching, lithograph, product of 
. photogravure, woodcut, print or similar work, not 
being a photograph; 
• 'future copyright or neighbouring rights" means copyright 
or neighbouring rights which will or may come into 
existence in respect of any future work, production, 
performance or edition, or on the coming into 
operation of this Act, or in any other future event, 
and "prospective owner" shall be construed 
accordingly, and in relation to any such copyright 
or neighbouring rights, includes a person 
prospectively entitled thereto by virtue of such an 
agreement as is mentioned in section 20(1); 
""infringing copy" means-
(a) in relation to a protected work, a reproduction 
of the work not being a copy of an audio-visual 
production incorporating the work; 
(b) in relation to a sound recording, a record 
embodying the recording not being a sound-track 
associated with visual images forming part of 
an audio-visual production; 
(c) in relation to an audio-visual production, a copy 
of the production; 
(d) in relation to a television broadcast, an audio­
visual production incorporating the broadcast or 
a copy of such a production; 
(e) in relation to a sound broadcast, a record 
embodying a sound recording of the broadcast; 
if) in relation to a performance, a copy of a record 
of the performance; and 
(g) in relation to an edition, a reproduction of the 
edition, 
being an article the making of which constituted an· 
infringement of the copyright or neighbouring rights 
in the protected work, production, performance, or 
edition or, in the case of an imported article, would 
have constituted an infringement of that copyright 
or those neighbouring rights if the article had been 
made in Grenada by the importer; "literary work" includes­
(a) a dramatic work; 
(b) a written table or compilation; 
Cc) computer software: 
"maker" means-
(a) in relation to a sound recording, the person who 
owns the first record embodying the sound 
recording; 
Cb) in relation to an audio-visual production, the 
person by whom the arrangements necessary for 
the making of the production are undertaken; 
(c) in relation to a broadcast the broadcasting 
organization by which the visual images or 
sounds in question, or both, are first broadcast~ , 
"manuscript" in relation to a work, means the original 
document embodying the work, whether written by 
hand or not; 
"Minister" means the Minister responsible for matters 
relating to copyright; 
"neighbouring rights" means rights subsisting under 
Part In; 
"performer" means any actor, singer. musician, dancer 
or other person who acts, sings, depicts. delivers, 
declaims, plays in or otherwise performs a literary, 
musical or artistic work; 
"performance" includes any mode of visual or acoustic 
presentation, induding any such presentation by the 
exhibition of an audio-visual production, or by the 
operation of apparatus for receiving broadcasts or 
communications by cable, or by the use of a record 
or by any other means and, in relation to a lecture, 
includes the delivery of such lecture; 
"photograph" includes photolithograph and any work 
produced by any process analogous to photography 
but does not include any part of an audio-visual 
production; 
"plate" means any material object in which a work, 
production, performance or edition has been embodied 
and by the use of which copies or reproductions of 
the work, production, performance or edition may 
be made; 
"prospective owner" has the meaning assigned in the 
definition "future copyright or neighbouring rights"; 
"protected edition" means an edition to which section 15 
applies; 
"protected performance" means a performance in which 
rights subsist under section 13; IPfNl1!GRD/C/2 
Page 9 IPINI1 IGRD/C/2 
Page 10 
"protected production" means a sound recording, or an 
audio-visual production or a broadcast in which rights 
subsist under section 10; 
"protected work" has the meaning assigned to it by sec­
tion 5(4); 
"qualified person"-
(0) in the case of an individual, means a person 
who is a citizen of Grenada or who is domiciled 
or resident in Grenada; 
(b) in the case of a body corporate, means a body 
incorporated or established under a written law; 
"record" means any disc, tape, perforated ron or other 
device in which sounds are embodied so as to be 
capable of being reproduced therefrom (other than 
a sound-track associated with an audio-visual 
production) and, in relation to a performance, includes 
an audio-visual production incorporating the 
performance; 
"reproduction" -
(a) in the case of a literary or musical work, includes 
a reproduction in the form of a record or audio­
visual production; 
(b) in the case of an artistic work, includes a version 
produced by converting the work into a three­
dimensional form; or, if it is in three dimen­
sions, by converting it into a two-dimensional 
form; 
Cc) in the case of a sound recording, means a record 
of the recording; 
"sculpture" includes a cast or model made for the purposes 
of sculpture; 
, 'sound recording" means the aggregate of sounds 
embodied in, and capable of being reproduced by 
means of, a record of any description. other than 
a sound-track associated with an audio-visual 
production; 
"wireless telegraphy" means the emitting or receiving, 
otherwise than over a path that is provided by a 
material substance, of electro-magnetic energy 
transmitting visual images or sounds, or both: 
"work of joint authorship" means a work produced by 
the collaboration of two or more authors in which 
the contribution of each author is not separate from. 
the contribution of the other author or authors; 
"writing" includes any form of notation, whether by hand 
or by printing, typewriting or any other process. 
(2) References in this Act to the time at which, or the period 
during which, a literary or musical work was made are 
references to the time or period at or during which it was 
first written down, recorded or expressed in some other material 
form. (3) This Act binds the Government, but nothing in this Act 
shall render the Government liable to prosecution. 
3. (1) Subject to this section, for the purposes of this Act­
(a) a literary, musical or artistic work, or an edition of 
such a work, s:hall be deemed to have been p!.!blished, 
if, but only if, reproductions of t~e work or edition 
have been made available (whether by sale or other­
wise) to the public; 
(b) an audio-visual production shall be deemed to have been 
published if, but only if, copies of the production have 
been made available (whether by sale or otherwise), 
to the public; 
(c) a sound recording shall be deemed to have been published 
if, but only if, records embodying the recording have 
been made available (whether by sale or otherwise), 
to the pUblic. 
(2) For the purposes of this Act, the perfonnance of a literary 
or musical work, the exhibition of an artistic work, the con­
struction of a building or of a model of a building, or the 
making available (whether by sale or otherwise) to the public 
of photographs or engravings of a building, of a model of 
a building or of a sculpture, does not constitute publication 
of the work. 
(3) A publication that is merely colourable and is not intended 
to satisfy the reasonable requirements of the public shall be 
disregarded for the purposes of this Act except in so far as 
it may constitute an infringement of copyright or neighbouring 
rights or may constitute an offence under this Act. 
(4) For the purposes of this Act, a publication in Grenada 
or any other country shaH not be treated as being other than 
the first publication by reason only of an earlier publication 
elsewhere, if the two publications took place within a period 
of not more than thirty days. 
(5) In determining, for the purposes of any provision of 
this Act-
(a) whether a work. production or edition has been 
published; 
(b) whether a publication of a work, production or edition 
was the first publication of the work, production or 
edition; or 
(c) whether a work, production or edition was published 
or otherwise dealt with in the lifetime of a person, 
any unauthorized publication or the doing of any other 
unauthorized act shall be disregarded. 
(6) Subject to section 34(2)(j) a publication or other act shall, 
for the purposes of subsection (5), be taken to have been 
unauthorized if, but only if-IPINI11GRD/C/2 
Page 11 
Publication lPINI11GRD/C/2 
Page ]2 
(a) copyright or neighbouring rights subsisted in the work, 
production or edition and the act concerned was done 
otherwise than by, or with the licence of, the owner 
of the copyright or the neighbouring rights: or 
(b) copyright or neighbouring rights did not subsist in the 
work, production or edition and the act concerned was 
done otherwise than by or with the licence of-
(i) the author or, in the case of a sound recording, 
audio-visual production. broadcast or edition of 
a work, the maker or publisher, as the case may 
be: or 
(H) persons lawfully claiming under the author, maker 
or publisher. 
(7) Nothing in either subsection (5) or subsection (6) affects 
any provisions of this Act relating to the acts comprised in 
copyright or any neighbouring rights or to acts constituting 
infringements of copyright or neighbouring rights or offences 
under this Act 
4. (1) For the purposes of this Act, the broadcasting or 
the communication by cable of a work, production or perfor­
mance shaH not be taken to constitute performance or to 
constitute causing visual images or sounds to be seen or heard; 
and where visual images or sounds are displayed or emitted 
by any receiving apparatus to which they are conveyed by 
the transmission of electro-magnetic signals (whether over paths 
provided by a material substance or not)-
(a) the operation of any apparatus whereby the signals are 
transmitted, directly or indirectly, to the receiving 
apparatus shall not be taken to constitute performance 
or to constitute causing the visual images or sounds to 
be seen or heard; but 
(b) in so far as the display or emission of the images or 
sounds constitutes a performance, or causes them to be 
seen or heard, the performance, or the causing of the 
images or sounds to be seen or heard, as the case may 
be, shaH be taken to be effected by the operation of 
the receiving apparatus. 
(2) (a) Without prejudice to subsection 0), and subject to 
subsection (3). where a work or production is performed, 
or visual images or sounds are caused to be seen or 
heard, by the operation of any apparatus to which this 
subsection applies. being apparatus provided by or with 
the consent of the occupier of the premises where the 
apparatus is situated, the occupier of those premises shall 
for the purposes of this Act, be taken to be the person 
giving the performance or causing the images or sounds 
to be seen or heard, whether he is the person operating 
the apparatus or not, but this subsection shaH not apply 
where the apparatus was provided by or with the consent 
of the occupier gratuitously or for a consideration which 
was only nominal: Broadcasting. 
and com­
munication 
by cable. 
no\ to 
constitute 
performance Categories 
of protected 
works 
Qualifications 
for protection (b) this subsection applies to any such receiving apparatus 
as is mentioned in subsection (1) and to any apparatus 
for reproducing sounds by the use of a record. 
(3) Nothing in subsection (2) shall affect the liability of any 
person who, not being the occupier, supplies apparatus to which 
subsection (2) applies if he has, within the meaning of section 7, 
authorized the public performance of the work or production 
by the use of the apparatus. 
PART U 
COPYRIGHT 
5. (1) Subject to this section, the categories of works in 
which copyright under this Act may subsist are-
(a) literary works; 
(b) musical works; 
(c) artistic works. 
(2) Copyright shaH not subsist in a work unless­
(a) it is original; and 
(b) it has been written down, recorded or otherwise expressed 
in some material form. 
(3) Copyright may subsist in a work notwithstanding that 
the making of the work involved an infringement of copyright 
subsisting in some other work or of the neighbouring rights 
in some protected production, performance or edition. 
(4) References in this Act to a protected work are references 
to a work which-
(a) belongs to a category mentioned in subsection 0); and 
(b) complies with subsection (2). 
6. (1) Subject to subsection (2), copyright shaH subsist in 
any protected work-
(a) of which the author was a qualified person when the 
work was made or, if the making of the work extended 
over a period, was a qualified person for a substantial 
part of that period; or 
(b) in the case of a published work-
(i) if the first publication took place in Grenada; or 
(ii) if the author was a qualified person when the work 
was first published; or 
(iii) if the author had died before publication but was 
a qualified person immediately before his death; 
(c) in the case of an artistic work which is a building or 
is incorporated in a building, if the building is erected 
in Grenada. 
(2) In relation to a work of joint authorship, the references 
in subsection (1) to the author shaH be construed as references 
to anyone of the authors. IPIN/1/GRD/C/2 
Page 13 IP/NI11GRD/C/2 
Page 14 
Duration of 
copyright 1. Subject to this Act, copyright means the exclusive right 
to do, or to authorize other persons to do, in Grenada or 01.1 
any ship or aircraft registered in Grenada, any of the following 
acts-
(a) in relation to a literary or musical work­
(i) the adaptation, 
(ii) the reproduction in any material form, 
(iii) the publication, 
(iv) the public performance, 
(v) the communication by cable, 
(vi) the broadcasting, or 
(vii) the distribution of copies, 
of the whole or a substantial part of the work and in­
cludes, in relation to an adaptation of the work, any 
of the acts specified in subparagraphs (ii) to (vii) of 
this paragraph; 
(b) in relation to an artistic work-
(i) the reproduction, in any material form, of the 
whole or a substantial part of the work; 
(ii) the publication of the whole or a substantial part 
of the work; 
(Hi) the inclusion of the work, or a substantial part 
of it, in a communication by cable or in a tele­
vision broadcast. 
8. Copyright subsisting in a work under this Part shaH 
continue to subsist until the end of the period of fifty years 
immediately following the calendar year in which the author 
died. but-
(a) the case of a literary or musical work, if before the 
death of the author-
(i) the publication of the work; 
(ii) the performance of the work in public; 
(iii) the offer for sale to the public of records of the 
work; 
(iv) the broadcasting of the work; or 
(v) the communication by cable of the work. 
had not taken place, the copyright shaH continue to sub­
sist until the end of the period of fifty years from the 
end of the calendar year in which one of those acts 
first takes place, or until the end of the period of one 
hundred years immediately following the year in which 
the author died, whichever period first comes to an end; 
(b) in the case of an engraving, if it had not been published 
before the death of the author, the copyright shaH 
continue to subsist until the end of the period of fifty 
years immediately following the end of the calendar year 
in which it is first published; Nature of 
copyright (c) in the case of a photograph, the copyright shall continue 
to subsist until the end of the period of fifty years 
immediately following the end of the calender year in 
which it is first published; 
(d) in the case of an anonymous or pseudonymous work 
(other than a photograph), the copyright shall subsist 
until the expiration of fifty years from the end of the 
year in which the work was first pUblished, bur-
(i) a work shaH not be treated as anonymous or 
pseudonymous if. before the end of the period 
mentioned in this paragraph, the identity of the 
author is generally known or can be ascertained 
by reasonable enquiry; 
(ii) a work which has been published under two or 
more names shaH not be treated as pseudonymous 
unless an those names are pseudonyms; 
(e) in the case of a work of joint authorship, any reference 
in this subsection to the death of the author of a work 
shaH be a reference to the death of the author who died 
last, whether or not he was a qualified person for the 
purposes of section 6( 1). 
PART III 
NEIGHBOURING RIGHTS 
9. (1) Subject to this Act, the categories of productions in 
which neighbouring rights under this Part may subsist are-
Ca) sound recordings; 
(b) audio-visual productions; 
(c) broadcasts. 
(2) Neighbouring rights may subsist in a production notwith­
standing that making of the production involved an infringe­
ment of copyright subsisting in a protected work or of the 
neighbouring rights in some other protected production or in 
a protected performance or edition. 
10. Neighbouring rights under this Pan shall subsist in every 
production-
(a) in the case of a sound recording or audio-visual 
production-
(i) if the maker thereof was a qualified person for 
the whole or a substantial part of the period during 
which the sound recording or audio-visual 
production was made; or 
(ii) if the sound recording or audio-visual production 
has been published, and the first publication thereof 
took place in Grenada; 
(b) in the case of a broadcast, if the broadcast is made 
by a broadcasting organization in possession of a valid 
licence granted to it by or under the law regulating 
wireless telegraphy in force in Grenada. IP/NIlIGRD/C/2 
Page 15 
Categories 
of protected 
productions 
Qualifications 
for protection IPIN/J/GRD/C/2 
Page 16 
Duration of 
protection U. Subject to this Act, the neighbouring rights subsisting 
in a protected production are the exclusive rilzhts to do. or 
to authorize other persons to do, in relation to the production 
or a substantial part thereof, in Grenada or on any ship or 
aircraft registered in Grenada any of the following acts-
(a) in the case of a sound recording, reproducing or 
distributing copies of it; 
(b) in the case of an audio-visual production-
0) making a copy of it, 
(ii) distributing copies of it, 
(iii) causing it to be publicly performed, 
(iv) broadcasting it, 
Cv) communicating it by cable; 
Cc) in the case of a broadcast-
(i) being a television broadcast in so far as it consists 
of visual images, making an audio-visual 
production of it or a copy of such a production; 
(ii) being a sound broadcast or a television broadcast 
in so far as it consists of sounds making a sound 
recording of it or a record embodying such a 
recording; 
Oii) being either a television broadcast or a sound 
broadcast, re-broadcasting it or communicating it 
by cable. 
12. Neighbouring rights subsisting in a protected production 
under this Part shall-
(a) the case of a sound recording, continue to subsist 
until the end of the period of fifty years immediately 
following the calendar year in which the sound recording 
was first published; 
(b) in the case of an audio-visual production, continue to 
subsist until the end of the period of fifty years 
immediately following the calendar year in which it was 
first published, publicly performed, broadcast or 
communicated by cable or at the end of the period of 
fifty years following the calendar year in which the 
production was made if by that date none of these acts 
had taken place; 
(c) in the case of a broadcast, continue to subsist until the 
end of the period of fifty years immediately following 
the year in which it was first broadcast 
B. (1) Neighbouring rights under this Part shall subsist in 
every performance of a literary or musical work-
(a) by a performer who is a qualified person; 
Cb) which takes place on or after the date of commencement 
of this Act. Nalure of 
proteclion 
Performers' 
rights Rights in 
published 
editions (2) Subject to this Act and in particular to section 35(4), 
the neighbouring rights subsisting in a protected performance 
shall be the exclusive right to authorize any person to do, 
in relation to the performance or a substantial part thereof, 
in Grenada or on any ship or aircraft registered in Grenada, 
any of the fonowing acts-
(a) the making of a record of the performance; 
(b) otherwise than by the use of an authorized record-
(i) the broadcasting of the performance; 
(ii) the use of a record of the performance for the 
purpose of giving a public performance; 
(iii) the communication by cable of the performance. 
(3) Where a protected performance has been reproduced on 
an authorized sound recording, the maker oflhe sound recording 
shaH be entitled to receive a share not exceeding one-half, 
or such other proportion as may be prescribed, of any remunera­
tion received by the performer in respect of the use of the 
sound recording for the purpose of broadcasting the perfor­
mance, giving a public performance of it or communicating 
it by cable. 
(4) For the purposes of this section, an authorized record, 
in relation to a performance, is a record incorporating, with 
the consent of the performer, the performance. 
14. The neighbouring rights enjoyed by a performer under 
this Part shaH continue to subsist until the end of the period 
of twenty-five years immediately fonowing the calendar year 
in which the performance was given. 
15. (1) Neighbouring rights under this Part shall subsist in 
every published edition of anyone or more literary or musical 
work or works in the case of which either-
Ca) the first publication of the edition took place in Grenada; 
or 
Cb) the publisher of the edition was a qualified person at 
the date of the first publication thereof, 
but this subsection does not apply to an edition which reproduces 
the typographical arrangement of a previous edition of the same 
work or works. 
(2) The neighbouring rights subsisting in an edition under 
this section shall continue to subsist until the end of the period 
of twenty-five years immediately following the end of the 
calendar year in which the edition was first published. 
(3) The act restricted by the neighbouring rights subsisting 
by virtue of this section in a published edition is the making 
of a reproduction of the typographical arrangement of the edition 
or of a substantial part thereof. IPINl1/GRO/C/2 
Page 17 
Duration of 
performers' 
rights IP/N/I/GRD/C/2 
Page 18 
Copyright and 
neighbouring 
rights to 
subsist 
independently 
Ownership 
of copyright 
and other 
rights 16. Where by virtue of this Part neighbouring rights subsist 
in a protected production, performance or edition, nothing in 
this Part shall be construed as affecting the operation of Part II 
in relation to any protected work from which the protected 
production is wholly or partly derived, or which is wholly 
or partly the work performed, or which is. wholly or partly 
the subject matter of the edition; and the neighbouring rights 
subsisting by virtue of this Part shaH be additional to, and 
independent of, any copyright subsisting by virtue of Part 
PART IV 
OWNERSHIP AND ASSIGNMENT 
17. (1) Subject to this Act-
Ca) the author of a protected work; 
(b) the maker of a protected production; 
(c) the performer of a protected performance; 
(cl) the publisher of a protected edition, 
shall be the first owner of any copyright or neighbouring rights 
subsisting therein. 
(2) Where a person commissions the taking of a photograph 
or the painting or drawing of a portrait or the making of an 
engraving, and pays or agrees to pay for it in money or money's 
worth, and the work is made in pursuance of that commission, 
the person who so commissioned the work shall be entitled 
to any copyright subsisting therein. 
(3) Where a protected work, sound recording, audio-visual 
production or edition has been made by or under the direction. 
or control of the Government and, apart from this subsection, 
no copyright or neighbouring rights would subsist in the work, 
recording. production or edition, then the copyright or 
neighbouring rights shall subsist therein by virtue of this 
subsection and shaH belong to the Government. 
(4) The copyright or neighbouring rights subsisting in a 
protected work, sound recording, audio-visual production or 
edition which has, with the author's or maker's written consent, 
been first published in Grenada by or under the direction or 
control of the Government shall belong to the Government. 
(5) Subsections (2), (3) and (4) shaH have effect subject 
to any agreement whereby it is agreed that the copyright or 
neighbouring rights in the work, sound recording, audio-visual 
production or edition shaH vest in the author, maker or some 
uther person designated in the agreement. For the purpc:::es 
of this subsection, "agreement" includes any conditions 
regulating or applying to the employment of a person in the 
service of the Government. ~eaning of 
owner of 
copyright or 
neighbouring 
rights 18. (1) Subject to this section, copyright or neighbouring 
rights shaH be transmissible by assignment, by testamentary 
disposition or by operation of law, as personal or movable 
property. 
(2) An assignment of copyright or neighbouring rights may 
be limited in any of the following ways, or in any combination 
of two or more of those ways, that is to say-
(a) so as to apply to one or more, but not an, of the classes 
of acts which, by virtue of this Act, the owner of the 
copyright or neighbouring rights has the exclusive right 
to do (including anyone or more classes of acts not 
separately designated in this Act as being restricted by 
the copyright or neighbouring rights but falling within 
any of the classes of acts so designated); 
(b) so as to apply to anyone or more, but not aB, of the 
countries in relation to which the owner of the copyright 
or neighbouring rights has, by virtue of this Act, that 
exclusive right; 
(c) so as to apply to part, but not the whole, of the period 
for which the copyright or neighbouring rights is or 
are to subsist, 
and references in this Act to a partial assignment are references 
to an assignment so limited. 
(3) No assignment of copyright or neighbouring rights 
(whether total or partial) shaH have effect unless it is in writing 
signed by or on behalf of the assignor. 
(4) A licence granted in respect of any copyright or 
neighbouring rights by the person who, in relation to the matters 
to which the licence relates, is the owner of the copyright 
or neighbouring rights shall be binding upon every successor 
in title to his interest in the copyright or neighbouring rights, 
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 or neighbouring rights, 
to the doing of anything with or, as the case may be, without 
the licence of the owner of the copyright or neighbouring rights 
shaH be construed accordingly. 
19. (1) In the case of any copyright or neighbouring rights 
to which (whether in consequence of a partial assignment or 
otherwise) different persons are entitled in respect of the 
application of the copyright or neighbouring rights-
(a) to the doing of different acts or classes of acts; or iP/N11 IGRD/C/2 
Page 19 
Assignments 
and licences IP 1N/I/GRD/C12 
Page 20 
(b) to the doing of one or more acts or classes of acts in 
different countries or at different times, 
the owner of the copyright or neighbouring rights, for any 
purpose of this Act, shaH be taken to be the person who is 
entitled to the copyright or neighbouring rights in respect of 
its application to the doing of the particular act or class of 
acts, or as the case may be, to the doing thereof in the particular 
country or at the particular time, which is relevant to the purpose 
in question; and, in relation to any future copyright or 
neighbouring rights to which different persons are prospectively 
entitled, references in this Act to the prospective owner of 
the copyright or neighbouring rights shaH be construed 
accordingly. 
(2) Without prejudice to tll>'= generality of subsection (1), 
where under any provision of this Act a question arises whether 
an article of any description has been imported or sold or' 
otherwise dealt with without the licence of the owner of any 
copyright or neighbouring rights, the owner of the copyright 
or neighbouring rights for the purpose of determining that 
question shall be taken to be the person entitled to the copyright 
or neighbouring rights in respect of its application to the mak­
ing of articles of that description in the country into which 
the article was imported, or in which it was sold or otherwise 
dealt with, as the case may be. 
20. (l) Where, by an agreement made in relation to any 
future copyright or neighbouring rights and signed by or on 
behalf of the prospective owner of the copyright or neighbour­
ing rights, the prospective owner purports to assign the future 
copyright or neighbouring rights (wholly or partially) to another 
person (in this subsection referred to as "the assignee"), then 
if, on the coming into existence of the copyright or neighbour­
ing rights, the assignee or a person claiming under him would, 
apart from this subsection, be entitled as against an other persons 
to require the copyright or neighbouring rights to be vested 
in him (wholly or partly, as the case may be), the copyright 
or neighbouring rights shall, on 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 a time when any copyright or neighbouring 
rights come into existence, the person who, if he were then 
living would be entitled to the copyright or neighbouring rights 
is dead, the copyright or neighbouring rights shall devolve 
as if it or they had subsisted immediately before his death 
and he had then been the owner of the copyright or neighbouring 
rights. Prospective 
owner of 
wpyright and 
neighbouring 
rights Devolution 
by will of 
rights in 
unpublished 
manuscripts 
or other 
orie:inal 
records 
Definition of 
"action" 
infringemems IPINI11GRD/C/2 
Page 21 
(3) Section 18(4) shall apply in relation to a licence granted 
by a prospective owner of any copyright or neighbouring rights 
as it applies in relation to a licence granted by the owner of 
a subsisting copyright or neighbouring rights, and as if any 
reference in that subsection to the owner's interest in the 
copyright or neighbouring rights included a reference to his 
prospective interest therein. 
21. Where under a bequest (whether specific or general) 
a person is entitled, beneficially or otherwise, to an artistic 
work or to the manuscript or other support on which a protected 
literary or musical work was first expressed in material form, 
or to the material support in which a protected production or 
performance was first embodied, and the work, production or 
performance, as the case may be, had not been published before 
the death of the testator, the bequest shaH, unless a contrary 
intention is indicated in the testator's will or a codicil thereto, 
be construed as including the copyright or the neighbouring 
rights in the work, production or performance, as the case 
may be, in so far as the testator was the owner of the copyright 
or neighbouring rights immediately before his death. 
PART V 
INFRINGEMENTS 
22. For the purposes of this Part, "action" includes a 
counterclaim, and references to the plaintiff and to the defendant 
in an action shaH be construed accordingly. 
23. (l) The copyright or neighbouring rights in a protected 
work or a protected production, performance. or edition, is 
or are infringed by any person who, not being the owner of 
the copyright or neighbouring rights and without the licence 
of the owner thereof-
(a) in respect of the work. production, performance or 
edition, or a substantial part thereof, does, or authorizes 
another person to do, any of the acts mentioned in 
section 7, section 11, section 13 or section 15 in relation 
to protected works, protected productions, protected 
performances or protected editions. respectively; 
(b) imports an article (otherwise than for his private and 
domestic use) into Grenada if the making of that article 
constituted an infringement of that copyright or those 
neighbouring rights, or would have constituted such an 
infringement if the article had been made in Grenada 
by the importer; 
(c) in Grenada, or on any ship or aircraft registered in 
Grenada-
(i) sells, lets for hire, or by way of trade offers or 
exposes for sale or hire any article; or IP/N/1/GRD/C/2 
Page 22 
Action by 
owner of 
copyright or 
neighbouring 
rights for 
infringement (ii) by way of trade exhibits any article in public, 
if the making of the article constituted an infringment of that 
copyright or those neighbouring rights, or in the case of an 
imported article, would have constituted such an infringement 
if the article had been made in Grenada by the importer. 
(2) Subsection (l)(c) shall apply, in relation to the distribution 
of any artide either-
Ca) for the purposes of trade; or 
(b) for other purposes, but only to such an extent as to 
affect prejudicially the owner of the copyright or the 
neighbouring rights, 
as it applies in relation to the sale of an article. 
24. (1) In this section, the expression' "place of public 
entertainment" includes any premises which are occupied mainly 
for other purposes but are from time to time made available 
for hire to such persons as may desire to hire them for purposes 
of public entertainment. 
(2) The copyright in a protected work is infringed by any 
person who, not being the owner of the copyright and without 
the licence of the owner thereof, pennits a place of public 
entertainment to be used for a performance in public of the 
work where the performance constitutes an infringement of 
the copyright in the work; but this section does not apply in 
a case where the person permitting the place to be used gave 
the permission gratuitously or for a consideration which was 
only nominal. 
25. (1) Subject to this Act, infringemems of copyright or 
neighbouring rights shall be actionable in the High Court at 
the suit of the owner of the copyright or neighbouring rights; 
and in any action for such an infringement an such relief by 
way of damages, injunction, accounts or otherwise shall be 
available to the plaintiff as is available in any corresponding 
proceedings in respect of infringements of other proprietary 
rights. 
(2) Where in an action for infringement of copyright or 
neighbouring rights, it is proved or admitted that an infringement 
was committed, but at the time of the infringement the defendant 
was not aware and had no reasonable grounds for suspecting 
that the copyright or neighbouring rights subsisted in the work, 
production, perfonnance or edition to which the action relates, 
the plaintiff shall not be entitled under this section to any 
damages against the defendant in respect of the infringement 
but shall be entitled to an account of profits in respect of the 
infringement whether any other relief is granted under this 
section or not. Liability for 
infringement 
in a place 
of public 
entertainment Wide 
injunction 
available to 
licensing 
bodies TPfN/I/GRD/C/2 
Page 23 
(3) Where in an action under this section an infringement 
of copyright or neighbouring rights is proved or admitted, the 
High Court, having regard (in addition to all other material 
considerations) to the flagrancy of the infringement. shall have 
power in assessing damages for the infringement, to award 
such additional damages as the Court may consider appropriate 
in the circumstances. 
(4) In an action for infringement of copyright in respect 
of the construction of a building, no injunction or other order 
shaH be made-
(a) after the construction of the building has been begun, 
so as to prevent it from being completed; or 
(b) so as to require the building, in so far as it has been 
constructed, to be demolished. 
26. Where, in an action under this Part-
(a) the infringement of copyright or neighbouring rights is 
proved or admitted; and 
(b) the plaintiff is a licensing body (as defined in section 53); 
and 
(c) the High Court having regard to all material circum­
stances, is satisfied that effective relief would not other­
wise be available to the plaintiff, 
the Court may grant an injunction extending to an the protected 
works, productions or performances, as the case may be, of 
which the plaintiff is the owner of the copyright or neighbour­
ing rights, notwithstanding that the infringement related to only 
one or some of the said works, productions or performances. 
27. (l) For the purpose of this section the expression-
"exclusive licence" means a licence in writing, signed 
by or on behalf of an owner or prospective owner 
of copyright or neighbouring rights, authorizing the 
licensee, to the exclusion of all other persons, 
including the grantor of the licence, to exercise a 
right which by virtue of this Act would (apart from 
the licence) be exercisable exclusively by the owner 
of the copyright or neighbouring rights, and 
"exclusive licensee" shaH be construed accordingly; 
"if the licence had been an assignment" means if, instead 
of the licence, there had been granted (subject to 
terms and conditions corresponding as nearly as may 
be with those subject to which the licence was 
granted) an assignment of the copyright or neigh­
bouring rights in respect of its or their application 
to the doing, at the places and times authorized by 
the licence, of the acts so authorized; and 
"the other party", in relation to the owner of the copyright 
or neighbouring rights, means the exclusive licensee, 
and, in relation to the exclusive licensee, means the 
owner of the copyright or neighbouring rights. . Proceedings 
in cases of 
copyright or 
neighbouring 
rights subject 
to exclusive 
licence IP INI11GRD/C/2 
Page 24 
(2) This section shaH have effect as to proceedings in the 
case of any copyright or neighbouring rights in respect of which 
an exclusive licence has been granted and is in force at the 
time of the events to which the proceedings relate. 
(3) Subject to the following provisions of this section, the 
exclusive licensee shall (except against the owner of the 
copyright or neighbouring rights) have the same ri~ts of actio~, 
and be entitled to the same remedies, under secuon 25 as if 
the licence had been an assignment, and those rights and 
remedies shaH be concurrent with the rights and remedies of 
the owner of the copyright or neighbouring rights under that 
section. 
(4) Where an action is brought either by the owner of the 
copyright or neighbouring rights or by the exclusive licensee, 
and the action, in so far as it is brought under section 25, 
relates (wholly or partly) to an infringement in respect of which 
they have concurrent rights of action under that section, the 
owner or licensee, as the case may be, shaH not be entitled, 
except with the leave of the High Court, to proceed with the 
action, in so far as it is brought under that section and relates 
to that infringement, unless the other party is either joined 
as a plaintiff in the action or added as a defendant~ but this 
subsection shall not affect the granting of an interlocutory 
injunction on the application of either of them. 
(5) In any action brought by the exclusive licensee by virtue 
of this section, any defence which would have been available 
to a defendant in the action, if this section had not been enacted 
and the action had been brought by the owner of the copyright 
or neighbouring rights, shaH be available to that defendant as 
against the exclusive licensee. 
(6) Where an action is brought in the circumstances 
mentioned in subsection (4) and the owner of the copyright 
or neighbouring rights and the exclusive licensee are not both 
plaintiffs in the action, the Court, in assessing damages in 
respect of any such infringement as is mentioned in that 
subsection-
(a) if the plaintiff is the exclusive licensee, shall take into 
account any liabilities (in respect of royalties or 
otherwise) to which the licence is subject; and 
(b) whether the plaintiff is the owner of the copyright or 
neighbouring rights or the exclusive licensee, shall take 
into account any pecuniary remedy already awarded to 
the other party under section 25 in respect of that 
infringement, or, as the case may require, any right 
of action exercisable by the other party under that section 
in respect thereof. (~) Where an action, in so far as it is brought under 
sectIon 25. relates (wholly or partly) to an infringement in 
respect of which the owner of the copyright or neighbouring 
rights and the exclusive licensee have concurrent rights of action 
under that section, and in that action (whether they are both 
parties to it or not) an account of profits is directed to be 
taken in respect of that infringement, then, subject to any 
agreement of which the Court is aware whereby the application 
of those profits is determined as between the owner of the 
copyright or neighbouring rights and the exclusive licensee, 
the Court shall apportion the profits between them as the Court 
may consider just and shall give such directions as the Court 
may consider appropriate for giving effect to that apportionment. 
(8) In an action brought either by the owner of the copyright 
or neighbouring rights or by the exclusive licensee-
(a) no judgment or order for the payment of damages in 
respect of an infringement of copyright or neighbouring 
rights shaH be given or made under section 25 if a final 
judgment or order has been given or made awarding 
an account of profits to the other party under that section 
in respect of the same infringement; and 
(b) no judgment or order for an account of profits in respect 
of an infringement of copyright or neighbouring rights 
shall be given or made under that section if a final 
judgment or order has been given or made awarding 
either damagc.:; or an account of profits to the ()ther 
party under that section in respect of the same 
infringement. 
(9) Where, in an action brought in the circumstances 
mentioned in subsection (4), whether by the owner of the 
copyright or neighbouring rights or by the exclusive licensee, 
the other party is not joined as a piaintiff (either at the 
commencement of the action or subsequently) but is added 
as a defendant, he shall not be liable for any costs in the 
action unless he enters an appearance and takes part in the 
proceedings. 
28. In an action brought by virtue of this Part-
(a) copyright or neighbouring rights shaH be presumed to 
subsist in the work, production, performance or edition 
to which the action relates if the defendant does not 
put in issue the question whether copyright or neigh­
bouring rights subsist therein; and 
(b) where the subsistence of the copyright or neighbouring 
rights is proved or admitted or is presumed in pursuance 
of paragraph (a), the plaintiff shall be presumed to be 
the owner of the copyright or neighbouring rights if 
he claims to be the owner of the copyright or neigh­
bouring rights and the defendant does not put in issue 
the question of his ownership thereof. fPINIl IGRD/C!2 
Page 25 
Presumptions 
as 10 
subsistence 
and ownership 
of copyright 
and neigh­
bouring 
rights IP INI11GRD/CI2 
Page 26 
Presumptions 
in relation 
to authorship 
of protected 
works 29. (1) Subject to section 28, where, in the case of a 
protected work, a name purporting to be that of the author 
appears on copies of the work as published or, in the case 
of an artistic work, appeared on the work when it was made, 
the person whose name so appears (if it is his true name or 
a name by which he is commonly known) shall in any action 
brought by virtue of this Part unless the contrary is proved, 
be presumed-
(a) . to be the author of the work; and 
(b) to have made the work in circumstances not falling within 
subsection (2), (3) or (4) of section 17. 
(2) In the case of a work alleged to be a work of joint 
authorship, subsection (1) shaH apply in relation to each person 
aHcged to be one of the authors of the work, as if references 
in that subsection to the author were references to one of the 
authors. 
(3) Where, in an action brought by virtue of this Part in 
relation to a photograph-
Ca) it is established that, at the time when the photograph 
was taken, a person was the owner of the apparatus 
by which the photograph was taken; or 
Cb) the ownership, as at the time when the photograph was 
taken, of the apparatus by which it was taken is not 
established, but it is established that at the time of the 
death of a person the photograph was owned by that 
person or, if the ownership of the photograph as at that 
time is not established, was in the possession or custody 
of that person, 
that person shaH be presumed, unless the contrary is proved. 
to have been the person who took the photograph. 
(4) Where, in an action brought by virtue of this Part with 
respect to a protected work, subsection Cl) does not apply, 
but it is established-
(a) that the work was first published in Grenada and was 
so published within the period of fifty years ending with 
the beginning of the calendar year in which the action 
was brought; and 
(b) that a name purporting to be that of the publisher 
appeared on copies of the work as first published, 
then, unless the contrary is proved, copyright shall be presumed 
to subsist in the work and the person whose name so appeared 
shall be presumed to have been the owner of that copyright 
at the time of the publication. 
(5) Where in an action brought by virtue of this Part with 
respect to a protected work it is established that the author 
of the work is dead-
(a) the work shall be presumed to be an original work unless 
the contrary is proved; and Evidence in 
relation to 
audio-visual 
productions 
Privilege 
against 
incrimination 
of self or 
spouse no! 
available in 
infringement 
and related 
proceedings Cb) if it is alleged by the plaintiff that a publication specified 
the allegation was the first publication of the work 
and that it took place in a country and on a date so 
specified, that publication shall be presumed, unless the 
contrary is proved, to have been the first publication 
of the work and to have taken pi ace in that country 
and on that date. 
(6) For the purposes of this section, a fact shall be taken 
to be established if it is proved or admitted or if it is presumed 
in pursuance of this section. 
30. In an action brought by virtue of this Pan in relation 
to the neighbouring rights in a sound recording, if records 
embodying the recording or a pan of the recording have been 
made available (whether by sale or otherwise) to the public 
and, at the time when records embodying the recording or 
pan of the recording were first so made available, the records 
or their containers bore a label or mark containing a statement-
(a) that a specified person was the owner of the neighbouring 
rights in the recording; 
(b) that the recording was first published in a specified year; 
or 
(c) that the recording was first published in a specified 
country, 
that label or mark shall be sufficient evidence of the facts 
as stated, unless the contrary is proved. 
31. In an action brought by virtue of this Pan in relation 
to the neighbouring rights in an audio-visual production, if 
copies of the production or a pan of the production have been 
made available (whether by sale or otherwise) to the public 
and, at the time when the copies were first so made available, 
the copies or their containers bore a label or mark containing 
a statement-
(a) that a specified person was the owner of the neighbouring 
rights in the production; 
(b) that the production was first published in a specified 
year; or 
Cc) that the production was first published in a specified 
country , 
that label or mark shall be sufficient evidence of the facts 
as stated, unless the contrary is proved. 
32. (1) In this section-
"related offence", in relation to any proceedings to which 
subsection (2) applies, means-
(a) in the case of proceedings within subsection 
(3)(a) or (b)-IPfNI I IGRD/C/2 
Page 27 
Evidence in 
relation to 
recordings IP/N/lIGRD/C/2 
Page 28 
(i) any offence committed by or in the course 
of the infringement to which those 
proceedings relate; Of 
(ii) any offence not within subparagraph (i) 
committed in connection with that 
infringement, being an offence involving 
fraud Of dishonesty; 
(b) in the case of proceedings within sub­
section (3)(c), any offence revealed by the facts 
on which the plaintiff relies in those proceedings; 
"related penalty", in relation to any proceedings to which 
subsection (2) applies, means-
(a) in the case of proceedings within sub­
section (3)(a) or (b), any penalty incurred in 
respect of anything done or omitted in connection 
with the infringement to which those proceedings 
relate; 
(b) in the case of proceedings within sub­
section (3)(c), any penalty incurred in respect 
of any act or omission revealed by the facts' 
on which the plaintiff relies in those proceedings. 
(2) In any proceedings to which this subsection applies a 
person shaH not be excluded by reason that to do so would 
tend to expose that person, or his or her spouse, to proceedings 
for a related offence or for the recovery of a related penalty-
(a) from answering any question put to that person in the 
first-mentioned proceedings; or 
(b) from complying with any order made in those 
proceedings. 
(3) Subsection (2) applies to the following civil proceedings 
in the High Court, namely-
(a) proceedings for infringement of copyright or neigh­
bouring rights; 
Cb) proceedings brought to obtain disclo'sure of information 
reiating to any infringement of such rights; and 
(c) proceedings brought to prevent any apprehended infringe­
ment of such rights. 
(4) Subject to subsection (5), no statement or admission made 
by a person-
(a) in answering a question put to him in any proceedings 
to which subsection (2) applies; or 
(b) in complying with an order made in any such 
proceedings, 
shaH, in proceedings for any related offence or for the recovery 
of any related penalty, be admissible in evidence against that 
person or (unless they married after the making of the state­
ment or admission) against the spouse of that person. Provision Jor 
restricting 
importation 
of infringing 
copies IP/NI1/GRD/C/2 
Page 29 
(5) Nothing in subsection (4) shall render any statement or 
admission made by a person as therein mentioned inadmissible 
in evidence against that person in proceedings for perjury or 
contempt of court. 
(6) The reference in subsection (3) to civil proceedings in 
the High Court of a particular description includes proceedings 
on appeal arising out of civil proceedings in the High Court 
of that description. 
33. (1) The owner of the copyright in a published literary 
or musical work or of neighbouring rights in an audio-visual 
production or in a published sound recording may give notice 
in writing to the Comptroller of Customs and Excise-
(a) that he is the owner of the copyright or neighbouring 
rights in a specified work, production or sound recording; 
and 
(b) that he requests the Comptroller, during a period stated 
in the notice, to treat as prohibited goods copies of the 
work, production or sound recording so specified, 
but the period stated in the notice shall not exceed five years 
and shaH not extend beyond the end of the period for which 
the copyright or neighbouring rights subsist. 
(2) This section applies with respect to any copy made out­
side Grenada which, if it had been made in Grenada by the 
importer, would be an infringing copy of the work, production 
or sound recording. 
(3) Where a notice has been given under this section and 
has not been withdrawn, the importation, before the end of 
the period specified in the notice, of any copy of the work, 
production or sound recording to which the notice applies shaH, 
subject to the following provisions of this section, be prohibited; 
but this subsection shaH not apply to the importation of any 
article by a person for his private and domestic use. 
(4) The owner of the copyright or neighbouring rights in 
a work, production or sound recording who gives notice to 
the Comptroller under this section shaH comply with such 
conditions with respect to-
(a) the form of the notice; 
(b) the furnishing of evidence; 
Cc) the payment of fees; 
(d) the giving of security; and 
(e) any other incidental or supplementary matters, 
as may be prescribed. 
(5) Nothwithstanding anything in the Customs Act, a person 35 of 1960 
shaH not be liable to any penalty under that Act (other than 
forfeiture of the goods) by reason that any goods are treated 
as prohibited goods by virtue of this section. JP/N/1/GRD/C/2 
Page 30 
PART VI 
EXCEPTIONS 
34. Cl) (a) For the purposes of this section, the expression 
"sufficient acknowledgement" means an 
acknowledgement identifying the work, production, 
performance or edition in question by its title or other 
description and, unless the work is anonymous or the 
author has previously agreed or required that no 
acknowledgement of his name should be made, also 
identifying the author; 
(b) in this subsection, the term "author" means-
(i) in relation to a protected work, the author; 
(ii) in relation to a protected production, the maker; 
CHi) in relation to a protected performance, the 
performer; 
(iV) in relation to an edition, the publisher. 
(2) The foHowing acts do not constitute an infringement of 
copyright or neighbouring rights-
(a) fair dealing with a protected work, production, 
performance or edition for purposes of research or private 
study; 
(b) fair dealing with a protected work, production, 
performance or edition for purposes of criticism or 
review, whether of that or any other work, production, 
performance or edition, and accompanied by a sufficient 
acknowledgement; 
(c) fair dealing with a protected work, production, 
performance or edition for the purpose of reporting 
current events-
0) in a newspaper, magazine or similar periodical, 
if accompanied by a sufficient acknowledgement; or 
(ii) by broadcasting, by communication by cable or 
by the use of an audio-visual production; 
(cl) reproducing, recording, or making a copy of a protected 
work, production, performance or edition, for the purpose 
of a judicial proceeding, or any proceeding before a 
tribunal established by or pursuant to a written law, 
or for the purpose of a report of a judicial proceeding 
or of any other such proceeding; 
(e) reproducing, recording, making a copy of or publishing 
a protected work, production, performance or edition 
by order of either House of Parliament for the use 
exclusively of the members of that House; 
if) reading or reciting in public any reasonable extract from 
a published literary work, accompanied by a sufficient 
acknowledgement; Acts which 
do not 
constitute 
infringemen! (g) publishing in a collection, mainly composed of non­
copyright matter, bona fide intended for the use of 
educational institutions, and so described in the tide and 
in any advertisement issued by or on behalf of the 
publisher, short passages from published literary or 
musical works, or sman parts of artistic works, not 
themselves published for the use of educational 
institutions, in which copyright subsists. but only if-
(i) not more than two such passages, or parts, from 
works by the same author are published by the 
same publisher during any period of five years; and 
(ii) the publication is accompanied by a sufficient 
acknowledgement; 
(h) the reproduction of a protected work or protected 
production-
(i) by a teacher or pupil in the course of instruction: 
Provided that the reproduction is not made by 
means of an appliance capable of producing 
multiple copies; 
(ii) as part of the questions to be answered in an 
examination; or 
(Hi) in answer to such questions; 
(i) the reproduction of a literary or musical work, or of 
an artistic work being a photograph or engraving, iq 
which copyright subsists, at a time more than fifty years 
from the end of the calendar year in which the author 
died, and more than seventy-five years after the time, 
or the end of the period, at or during which the work 
was made, but only if-
(i) the work has not been published; or 
(H) the manuscript or a copy of the work is kept in 
a library or other institution where it is (subject 
to the rules governing the library or institution) 
open to public inspection; and 
(Hi) the reproduction is made either for purposes of 
research or private study. or with a view to publica­
tion, or in order to preserve the manuscript or 
copy from damage or destruction by replacing it 
with the reproduction; 
(j) if a published literary or musical work (in this paragraph 
referred to as "the new work"), incorporates the whole 
or part of a work (in this paragraph referred to as . 'the 
old work") in the case of which the circumstances 
specified in subparagraphs 0) and (ii) of paragraph (i) 
existed immediately before the new work was published, 
and-
(i) before the new work was published, such notice 
of the intended pUblication as may be prescribed 
had been given; and [PlNllIGRD/C/2 
Page 31 IPINIIIGRD/C/2 
Page 32 
(U) immediately before the new work was published, 
the identity of the owner of the copyright in the 
old work was not known to the publisher of the 
new work. 
then, for the purposes of this Act, the first publication 
of the new work, and any subsequent publication of 
the new work, either in the same or in an altered form 
in so far as it constitutes a publication of the old work, 
or an unauthorized publication of the old work shall 
not constitute an infringement of copyright or of 
neighbouring rights: 
Provided that this paragraph shall not apply to a sub­
sequent publication incorporating a part of the old work 
which was not included in the new work as originally 
published, unless (apart from this paragraph) the 
circumstances specified in paragraph (i), and in sub­
paragraphs (i) and (ii) of this paragraph. existed 
immediately before that subsequent publication; 
(k) in so far as the publication of a work or part of a work 
is, by virtue of paragraph (j), not to be treated as an 
infringement of the copyright in the work, a subsequent 
broadcast of the work or that part or a communication 
by cable, a performance in public, or a record of it 
made by any person; 
(l) the performance, in the course of the activities of a 
school or other educational institution designated by 
Order of the Minister, of a literary or musical work 
or of an audio-visual production or broadcast, or the 
use of a record of a protected performance, by the staff 
and students of the school or institution if the audience 
is composed entirely of any or an of the foUowing-
(i) staff and students of the school or institution; 
(H) parents or guardians of the students; 
(m) other persons directly connected with the activities 
of the school or institution; 
(m) the inclusion in an audio-visual production or in a broad­
cast or in a communication by cable, or the making, 
of a painting, drawing, engraving, or photograph-
(i) of an artistic work permanently situated in a public 
place or in any premises to which the public has 
access; or 
(H) of any other artistic work, if the inclusion of the 
painting, drawing, engraving or photograph of the 
artistic work is only incidental to the principal 
matters represented in the audio-visual production 
or the broadcast. or the communication by cable. 
or in the painting, drawing, engraving or 
photograph; (n) the publication of a pamtmg, drawing, engraving or 
photograph of an artistic work or of an audio-visual 
production in which the artistic work has been included, 
if by virtue of paragraph (m) the making of that painting, 
drawing, engraving or photograph or the inclusion of 
the artistic work in the audio-visual production did not 
constitute an infringement of the copyright in the artistic 
work; . 
(0) (i) where copyright subsists in a building as an artistic 
work, a reconstruction of that building; 
(ii) where a building has been constructed in accord­
ance with architectural drawings or plans in which 
copyright subsists and has been so constructed by, 
or with the licence of, the owner of that copyright, 
a later reconstruction of the building by reference 
to those drawings or plans; 
(P) the making, by the author of an artistic work, of a sub­
sequent artistic work, notwithstanding that part of the 
earlier work-
Ci) is reproduced in the use of subsequent work; and 
(ii) is so reproduced by the use of a mould, cast, 
sketch, plan, model or study made for the pur­
poses of the earlier work, 
if in making the subsequent work the author does not 
repeat or imitate the main design of the earlier work. 
(3) Each of the exceptions enumerated in paragraphs (a) 
to (p) of subsection (2) shaH apply only to the particular category 
of work, production, performance or edition mentioned therein, 
so that an act may constitute an infringement of copyright or 
neighbouring rights notwithstanding that, by virtue of an 
exception contained one of those paragraphs. it does not 
constitute an infringement of rights mentioned in that paragraph. 
(4) For the purpose of determining whether an act in relation 
to a protected work, production, performance or edition 
constitutes fair dealing, a court determining the question shall 
take account of aU factors which appear to it to be relevant, 
induding-
(a) the nature of the work, production, performance or 
edition in question: 
(b) the purpose and character of the act, and in particular 
whether the act is of a commercial nature; 
(c) the extent and substantiality of that part of the work, 
production, performance or edition affected by the act 
in relation to the whole of the work, production, perfor­
mance or edition; 
(d) the effect of the act upon the potential market for, or 
the commercial value of, the work, production, perfor­
mance or edition. [P INI1IGRD/C!2 
Page 33 IP INIl IGRD/CI2 
Page 34 
Statutory 
licences. 
broadcasting. 
etc. 35. (1) Subject to this subsection, where by virtue of an 
assignment or licence a person is authorized to broadcast or 
communicate by cable a literary or musical work or an audio­
visual production or a performance from a place in Grenada 
but (apart from this subsection) would not be entitled to make 
reproductions, copies or records of it, the authority contained 
in the assignment or licence shall be deemed to extend to the 
making of-
(a) a reproduction, copy or record of the work, production 
or performance solely for the purpose of the broadcasting 
or communicating by cable of it by the assignee or 
licensee; or 
(b) one reproduction, copy or record only for archival 
purposes; 
but this subsection shall not apply if-
0) the reproduction, copy or record is used for making 
any further reproductions, copies or records 
therefrom or for any other purpose except either 
for broadcasting or communicating by cable in 
accordance with the assignment or licence or for 
archival purposes; or 
(ii) the reproduction, copy or record (unless kept for 
archival purposes) is not destroyed before the end 
of the period of ninety days beginning with the 
day on which it is first used for broadcasting or 
communicating by cable the work, production or 
performance in pursuance of the assignment or 
licence, or such extended period (if any) as may 
be agreed between the person who made the pro­
duction, copy or record and the person who (in 
relation to the making of reproductions, copies 
or records of the description in question) is the 
owner of the copyright or neighbouring rights. 
(2) Where records of a literary or musical work have, with 
the licence or consent of the owner of the copyright in the 
work, been previously-
(a) made in Grenada; or 
(b) imported, 
for the purposes of retail sale, a person may, after the expiry 
of the period of four months immediately following upon the 
date of the first authorized manufacture or importation of such 
records and without first obtaining the consent or licence of 
the owner of the copyright in the work, make or authorize 
the making of records of it provided that the person-
0) intends to sell the records by retail, or to supply 
them for the purpose of being sold by retail by 
another person, or intends to use them for making 
other records which are to be sold or supplied; and 
(ii) pays royalties calculated at the rates set out in 
the Schedule or at such other rates as may from 
time to time be prescribed in lieu thereof; and (Hi) complies with such conditions relating to notice, 
method and time of payment, administration of 
royalties paid and other matters as may be 
prescribed; and 
(iv) being the person who makes or authorizes the 
making of records pursuant to this subsection, does 
not make or authorize the making of any altera­
tions in, or omissions from the work, unless_ 
records of that work containing similar alterations 
and omissions have been previously made by, or 
with the licence or consent of, the owner of the 
copyright or unless such alterations and omissions 
are reasonably necessary for the adaptation of the 
work to the record in question. 
(3) (a) Where a protected literary or musical work, audio­
visual production or performance is broadcast with the 
licence of the owner of the copyright or neighbouring 
rights, any person may, without obtaining the licence 
of the owner of the copyright or neighbouring rights, 
incorporate (by means of the reception of the broadcast) 
the work, production or performance, in a communica­
tion by cable: 
Provided that-
0) the communication by cable takes place 
simultaneously with the reception of the broad­
cast; and 
(ii) the broadcast programme in which the literary or 
musical work, audio-visual production or perfor­
mance is incorporated. is communicated without 
any alteration of any kind; and 
(iH) the owner of the copyright or neighbouring rights 
shall be entitled to receive from the person pro­
viding or authorizing the communication by cable 
equitable remuneration in respect of the communi­
cation to be fixed, in default of agreement, by 
the High Court; 
(b) for the purposes of this subsection an alteration to a 
programme includes the addition thereto of new material 
not contained in the programme as broadcast, or the 
omission from the communication of any material con­
tained in the programme as broadcast; and the term 
"material" includes a commercial advertisement. 
(4) Where a record has, with the consent of the performer, 
been made of a performance, the performer's authority shaH 
not be required for any public performance, broadcast or com­
munication by cable made by means of that record, but the 
performer shaH, in respect of such public performance, broad­
cast or communication by cable, be entitled to receive from 
the person giving. or authorizing the public performance, broad­
cast or communication by cable equitable remuneration which, 
in the absence of agreement, shaH be fixed by the High Court. IP/NII IGRD/C/2 
Page 35 IP/N/lIGRD/C/2 
Page 36 
(5) (a) a literary, musical or artlstlc work or a sound 
recording may, without the licence or consent of the 
owner of the copyright or neighbouring rights in the 
work or production having been obtained. be reproduced 
by or under the direction of the person in charge of 
a designated library: 
Provided that the reproduction is made, and used. 
in accordance with such conditions as shall be prescribed: 
(b) regulations prescribing conditions for the purpose of this 
subsection shall make provision that-
(0 in the case of the reproduction of an extract from 
a published work in the custody of a designated 
library, the person in charge of the library shall, 
be responsible for ensuring that any person who 
makes such a reproduction on the premises of the 
library is aware of the conditions imposed. by this 
Act and by any regulations. on the making of such 
reproductions and that any facilities provided by 
the library for making reproductions are withdrawn 
from any person who does not comply with such 
conditions~ 
(ii) in the case of the reproduction of an entire work 
or of an extract from an unpublished work. the 
person in charge of a designated library shall be 
responsible for ensuring that no such reproduction 
is made on the premises of the library without 
the consent of the copyright owner. unless there 
is reasonable evidence that subsection 34(2)(a) 
would apply to the making of the reproduction 
or that the reproduction cannot reasonably be 
obtained in any other way, or unless the 
reproduction is required exclusively for archival 
purposes; 
(c) a designated library is any library which the Minister. 
being satisfied that the facilities of the library are 
available generally to members of the public and that 
it is not conducted for profit. has designated by Order 
as a public library for the purposes of this Act~ 
(cl) for the purposes of paragraph (c) "Minister" means 
the Minister for the time being responsible for education. 
(6) (a) subject to this subsection, the Governor-General may 
make regulations providing for the grant. by a compe­
tent authority designated in the regulations. of licences 
authorizing-
(i) the translation of published literary works in which 
copyright subsists; 
(ii) the reproduction of-
(a) published literary works in which copyright 
subsists; Offences in 
respect of 
dealings that 
infringe 
protected 
work (b) audio-visual productions, broadcasts and 
editions (including any protected works incor­
porated in such audio-visual productions, 
broadcasts or editions) in which neighbouring 
rights subsist; 
(b) regulations made under this subsection shall be consistent 
with the terms and conditions regulating the grant of 
such licences contained in the Appendix to the Paris 
Act, 1971 of the Berne Convention for the Protection 
of Literary and Artistic Works and in Article v bis, 
v ter and v quater of the Universal Copyright Conven­
tion as revised at Paris on the 24th July, 1971, and 
with the terms of the Rome Convention for the Protec­
tion of Perfonners, Producers of Phonograms and Broad­
casting Organisations established in 1961. 
PART VU 
OFFENCES, ETC. 
36. (l) A person who, at a time when copyright or 
neighbouring rights subsist in a protected work, production 
performance or edition-
(a) makes for sale or hire; or 
(b) sells or lets for hire or, by way of trade, offers or 
exposes for sale or hire; or 
(c) by way of trade, exhibits in public, or 
(cl) imports otherwise than for his private and domestic use; 
or 
(e) has in his possession in the course of trade; or 
if) distributes-
(i) for the purpose of trade, or 
(ii) for any other purpose, butl to such an extent as 
to affect prejudicially the sJwner of the copyright 
or neighbouring rights, 
any article that is an infringing copy of the work, production, 
performance or edition, or any plate used or intended to be 
used for making infringing copies of such a work, production, 
performance or edition is, unless he proves to the satisfaction 
of the court that he did not know and that he had no reason 
to believe that the article was an infringing copy of such a 
work, production, performance or edition or that the plate was' 
used or intended to be used for making an infringing copy 
of such a work, production, performance or edition, guilty 
of a summary offence and liable-
(i) on first conviction of an offence under this section, 
to a fine of two thousand dollars for each article 
to which the offence relates and to imprisonment 
for six months; and IP/N11 !GRD!C!2 
Page 37 IP/NIl/GRD/C/2 
Page 38 
Offences in 
respect of 
records made 
without the 
consent of 
performers (ii) on a second or subsequent conviction of an offence 
under this section, to a fine of ten thousand dollars 
for each article to which the offence relates and 
to imprisonment for two years, 
but a fine imposed by virtue of this subsection shaH not exceed 
fifty thousand dollars in respect of articles comprised in the 
same transaction. 
(2) The court before which a person is charged with an 
offence under this section may, whether he is convicted of 
the offence or not, order that any article in his possession 
which appears to the court to be an infringing copy of a work, 
production, performance or edition in which copyright or 
neighbouring rights subsist under this Act or a plate used for 
making infringing copies of such a work, production, perfor­
mance or edition shall be destroyed or delivered up to the 
owner of the copyright or neighbouring rights in question or 
otherwise dealt with as the court may think fit. 
37. A person who at a time when copyright or neighbour­
ing rights subsist in a literary or musical work or audio-visual 
production causes the work or production to be performed in 
public, is, unless he proves to the satisfaction of the court 
that he did not know and that he had no reason to believe 
that copyright or neighbouring rights subsisted in the work 
or production, as the case may be, or that the performance 
would constitute an infringement of the copyright or neighbour­
ing rights, guilty of an offence and liable, on summary con­
viction, to a fine of fifty thousand dollars and to imprisonment 
for two years. 
38. (1) Subject to this Act, a person who-
(a) makes a record directly or indirectly from or by means 
of the performance of a protected work without the con­
sent in writing of the performer; 
(b) sells or lets for hire, or distributes for the purpose of 
trade, or by way of trade exposes or offers for sale 
or hire, such a record made without such consent; or 
(c) uses for the purposes of a public performance a record 
so made. 
is guilty of an offence and liable, on summary conviction, 
to a fine of two thousand do Bars for each record in respect 
of which the offence is proved and to imprisonment for six 
months, but a fine imposed by virtue of this section shall not 
exceed twenty thousand dollars in respect of anyone transaction. 
(2) For the purposes of paragraphs (b) and (c) of sub­
section (1) a record made in a country other than Grenada 
directly or indirectly from or by means of a protected 
performance shall be deemed to have been made contravention 
of this Act whether knowingly or not it was made without 
the consent in writing of the performer. Offence of 
unauthorized 
public 
performance Special 
defence in 
case of 
private and 
domestic use 
Offence in 
respect of 
broadcasting 
or communi­
cating by 
cable IPIN/1/GRD/C/2 
Page 39 
39. Where a person is charged with an offence under 
section 38(l)(a), it shaH be a defence to prove that the record 
was made for his private and domestic use only. 
40. Subject to this Act, a person who, otherwise than by 
the use of a record or audio-visual production, broadcasts or 
communicates by cable a protected performance, or a substantial 
part thereof, without the consent in writing of the performer, 
is gUilty of an offence and liable, on summary conviction, 
to a fine of two thousand dollars and to imprisonment for 
six months. 
41. A person who makes, or has in his possession, a plate 
or similar contrivance for the purpose of making records in 
contravention of section 38, is guilty of an offence and liable, 
on summary conviction, to a fine of five thousand dollars for 
each plate or similar contrivance in respect of which the offence 
is proved and to imprisonment for twelve months; but a fine 
imposed by virtue of this subsection shall not exceed fifty 
thousand dollars. Offence of 
making or 
possessing 
plates. etc .. 
for contra­
vention of 
section 38 
42. (1) Where a person has been convicted of an offence. ~~:~~oo~rder 
under section 37, section 38, section 40 or section 41, the destruction 
d h 11 . . 1 d' I and forfeiture court mayor er t at a records, audlO-Vlsua pro uchons, pates 
or similar contrivances in the possession of the offender which 
appear to the court to have been made in contravention of 
any of these sections, or to be adapted for the making of records 
in contravention of any of these sections, and in respect of 
which the offender has been convicted, be destroyed or otherwise 
dealt with as the court may think fit. 
(2) Where a person has been convicted of :m offence under 
this Act the court shaH, in passing sentence, order forfeiture of-
Ca) any article; 
Cb) any money; and 
(c) any valuable consideration, 
relating to the offence; anything so forfeited shall be given 
to the owner of the copyright. neighbouring rights or performer's 
right, as the case may be. 
(3) Forfeiture shall extend-
(a) to any property which there is reason to believe has 
been obtained from the proceeds of anything relating 
to the offence for which a person is convicted under 
this Act; or 
(b) to anything into which any such property has been 
converted. 
43. Notwithstanding anything in the preceding provisions 
of this Part, it shaH be a defence to proceedings under this 
Part to prove that-
(a) the record, audio-visual production, communication by 
cable or broadcast to which the proceedings relate was 
made onlv for the pumose of reporting;: current events: or I' ' Special 
defences IP/N/I/GRD/C/2 
Page 40 
P~rr(1m,er' s 
,onsen! by 
agent 
Offence if 
performer's 
consent is 
represented 
and given 
without 
authority 
Powers of 
police 
officers (b) the inclusion of the performance in question in the record, 
audio-visual production, communication by cable or 
broadcast to which the proceedings relate was only 
incidental to the principal matters comprised or 
represented in the record, audio-visual production, com­
munication by cable or broadcast. 
44. Where in proceedings under this Part (otherwise than 
under section 45) it is proved that-
(a) the record, audio-visual production, communication by 
cable or broadcast to which the proceedings relate was 
made with the consent in writing of a person who, at 
the time of giving the consent, represented that he was 
authorized by the performers to give it on their behalf; 
and 
(b) the person making the record, audio-visual production, 
communication by cable or broadcast had no reasonable 
grounds for believing that the person giving the consent 
was not so authorized, 
this Part shaH apply as if it had been proved that the per­
formers had themselves consented in writing to the making 
of the record, audio-visual production, communication by cable 
or broadcast. 
45. Where-
(a) a record, audio-visual production, communication by 
cable or broadcast is made with the consent in writing 
of a person who, at the time of giving the consent, 
represented that he was authorized by the performers 
to give it on their behalf when to his knowledge he 
was not so authorized; and 
(b) if proceedings were brought against the person to whom 
the consent was given, the consent would by virtue of 
section 44 afford a defence to those proceedings, 
the person giving the consent is gUilty of an offence and liable, 
on summary conviction, to a fine of two thousand dollars and 
to imprisonment for six months. 
46. 0) Any police officer of or above the rank of Police 
Inspector may-
(a) 0) subject to section 47, enter and search any premises 
or place; 
(ii) stop, board and search any vessel (other than a 
ship of war) or any aircraft (other than a military 
aircraft); or 
(iii) stop and search any vehicle, which he reasonably 
suspects that there is an infringing copy of a work, 
production, performance or edition in which 
copyright or neighbouring rights subsist, or a plate 
used or intended to be used for making infringing 
copies of any such work, production, performance 
or edition; and Restriction 
on entry and 
search of 
domestic 
premises 
Offence of 
obstructing 
police, etc. (b) seize, remove or detain-
(i) any article which appears to him to be an infring­
ing copy of a work, production, performance or 
edition in which copyright or neighbouring rights 
subsist or any plate which appears to him to be 
intended for use for making infringing copies of 
any such work, production, perfonnance or edition; 
and 
CH) anything which appears to him to be or to con­
tain, or to be likely to be or to contain, evidence 
of an offence under this Act. 
(2) A poiice officer of or above the rank of Police Inspector 
may-
(a) break open any outer or inner door of any place which 
he is empowered or authorized by this Act to enter; 
(b) forcibly board any vessel, aircraft or vehicle which he 
is empowered by this Act to stop, board and search; 
(c) remove by force any person or thing obstructing him 
in the exercise of a power conferred on him by this Act; 
Cd) detain any person found in any place which he is 
empowered or authorized by this Act to search until 
such place has been searched; 
(e) detain any vessel or aircraft which he is empowered 
by this Act to stop, board and search, and prevent any 
person from approaching or boarding such vessel or 
aircraft until it has been searched: 
if) detain any vehicle which he is empowered by this Act 
to stop and search until it has been searched. 
47. (1) In this section "domestic premises" means any 
premises, or any part thereof, used exclusively or mainly as 
a dwelling. 
(2) Domestic premises shall not be entered and searched 
by 11 police officer unless a magistrate has issued a warrant 
under subsection (3). 
(3) A magistrate. if he is satisfied by information on oath 
that there is reasonable ground for suspecting that there is in 
any domestic premises an article which may be seized, removed 
or detained under section 46(l)(b), may issue a warrant 
authorizing a police officer of or above the rank of Police 
Inspector to enter and search the premises. 
(4) A police officer of or above the rank of Police Inspector 
authorized under subsection (3) to enter and search any domestic 
premises may call upon any other police officer to assist him 
in entering and searching the premises. 
48. (1) Without prejudice to any other written law, a person 
who-
(a) wilfully obstructs a police officer acting in the exercise 
of a power or the performance of a duty under this Act; IP/NI I/GRD/C/2 
Page 41 IP/N/1/GRD/C/2 
Page 42 
(b) wilfully fails to comply with a requirement made to 
him by a police officer so acting; 
(c) without reasonable excuse, fails to give a police officer 
so acting such assistance as he may reasonably require 
to be given for the purpose of exercising the power 
or performing the duty, 
is guilty of an offence and liable, on summary conviction, 
to a fine of five thousand dollars and to imprisonment for 
twelve months. 
(2) A person who, on being required to give information 
to a police officer acting in the exercise of a power or the 
performance of a duty under this Act, knowingly gives false 
or misleading information to such police officer is guilty of 
an offence and liable, on summary conviction, to a fine of 
five thousand dollars and to imDrisonment for six months. 
(3) This section shall not be construed as requiring a person 
to give any information which may incriminate him. 
49. Any police officer may arrest without warrant a person 
who-
(a) has committed, or has attempted to commit; or 
Cb) is reasonably suspected of having committed or having 
attempted to commit, 
an offence under this Act, if-
0) 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 
(Hi) he has reason to believe and does believe that the 
name and address given by the person are false. 
50. Where an offence under any of the preceding sections 
of this Part committed by a body corporate is proved to have 
been committed with the consent or connivance of, or to be 
attributable to any neglect on the part of, a director, manager, 
secretary or other similar officer of the body corporate or any 
person who was purporting to act in any such capacity, he, 
as weB as the body corporate, is guilty of that offence and 
is liable to be proceeded against and punished accordingly. 
51. A prosecution for an offence under this Act shaH not 
be commenced more than five years after the commission of 
the offence or one year after the discovery thereof, whichever 
is the later. Power to 
arrest 
without 
warrant 
Offences by 
officers of 
a body 
corporate 
Time limit 
for 
prosecution PART VIII 
MORAL RIGHTS 
52. (1) In subsection (2)-
"name" includes initials or a monogram. 
(2) Subject to this section where copyright subsists in a 
protected work, no person may, without the consent of the 
author or, after the author's death, of his personal represen-
tative, present or authorize the presentation of the work to 
the public by any means whatsoever-
(a) under a name other than that of the author; or 
(b) in a modified form if the modification-
(i) significantly alters the work; and 
(ii) is such that it might reasonably be regarded as 
adversely affecting the reputation and status of the 
author in his profession. 
(3) Where a person is authorized, whether by virtue of an 
assignment, a licence or otherwise, to publish, reproduce, 
perform in public, broadcast or communicate by cable a 
protected work, that person may make modifications to the 
work if it would be reasonable to expect that the authorized 
publication, reproduction, public performance, broadcast or com­
munication by cable, as the case may be, could not take place 
without the modifications; but nothing in this subsection shall 
authorize a modification to a work which could constitute a 
contravention of subsection (2). 
(4) The author or, after his death, his personal represen­
tative, may exercise the rights conferred by this section not­
withstanding that the copyright in the work is not, at the time 
of the act complained of, vested in the author or personal 
representative, as the case m<!y be. 
(5) Any contravention, or threatened contravention, of this 
section in respect of a protected work shall be actionable at 
the suit of the author of the work or, if he is dead, at the 
suit of his personal representative, as a breach of statutory duty. 
(6) Any damages recovered under this section by a personal 
representative in respect of a contravention committed in relation 
to a work after the death of the author of the work shaH devolve 
as part of the author's estate as if the right of action had sub­
sisted and had been vested in him immediately before his death. 
(7) Where in an action brought under this section a contra­
vention of the restriction imposed by subsection (2) is proved 
or admitted, the court may order the offender to publish a 
correction in such manner as the court may direct. IGRD/C/2 
Page 43 
Authors' 
mora! rights lP/N/1/GRD/C!2 
Page 44 
Procedure in 
proceedings 
before the 
High Coun (8) Nothing in this section shall derogate from any right 
of action or other remedy (whether civil or criminal) in pro­
ceedings instituted otherwise than by virtue of this section; 
but this subsection shall not be construed as requiring any 
damages recovered by virtue of this section to be disregarded 
in assessing damages in any proceedings instituted otherwise 
than by virtue of this section and arising out of the same 
transaction. 
PART IX 
SPECIAL JURISDICTION OF THE HIGH COURT 
53. In this Part-
"general licence" means a licence extending to­
Ca) the works of several authors; or 
(b) the productions of several makers: or 
(c) the performances of several performers, 
being a licence which does not apply different terms 
and conditions as between the several authors, makers 
or performers, as the case may be; 
"licensing body" means a society or organization which 
has as its main object, or one of its main objects, 
the negotiation or granting of general licences in 
respect of protected works, productions or 
performances either as the owner or prospective 
owner of the copyright or neighbouring rights therein, 
or as agent for the owners or prospective owners 
thereof. 
54. Subject to this Act, the High Court shall have 
jurisdiction-
(a) to determine any dispute which may be referred to it 
pursuant to section 56; 
Cb) to fix the amount ~f equitable remuneration or 
compensation which by any provision of this Act is 
required to be fixed by the High Court, in any case 
where there has been no agreement between a person 
and the owner of the copyright or neighbouring rights 
as to the amount of remuneration or compensation 
payable respect of the use of the work, production 
or performance. 
55. (1) The procedure regulating the makino of references 
and applications to the High Court, and proc~edings before 
the High Court arising out of the jurisdiction conferred on 
the Court by this Part, and as to the fees chargeable in respect 
of those proceedings, shaH be prescribed by rules of court. Interpretation 
of Parl 
Jurisdiction 
of the High 
Court ~ Disputes with 
licensing 
bodies may 
be referred 
10 High Court (2) The High Court may order that the costs or expenses 
of any proceedings before it under this Part which are incurred 
by any party shall be paid by any other party and may tax 
or settle the amoum of any costs or expenses to be paid under 
any such order or direct in what manner they are to be taxed. 
(3) Where-
(a) the High Court makes an order by way of determination 
of a dispute referred to it pursuant to section 56, the 
Court may, in its discretion, direct that the order shaH 
have effect retroactively to such date as the Court 
specifies; but no order shaH have effect from a date 
prior to the date on which the dispute was formally 
referred to the Court; fP/N/1/GRD/C/2 
Page 45 
(b) the High Court fixes an amount of equitable remunera­
tion or compensation pursuant to par2.8raph (b) of 
section 54, the Court may also give directions as to the 
method and time of payment and may stipulate such 
other conditions of payment as it considers reasonable. 
56. (1) Where a dispute arises between any person and a 
licensing body with respect to-
Ca) the refusal of the licensing body to grant to that person 
a general licence to which this section applies~ or 
(b) the terms and conditions on which the licensing body 
proposes to grant such a licence, 
either that person or the licensing body may refer the dispute 
to the High Court. 
(2) This section applies to a general licence authorizing the 
licensee-
(a) in the case of literary or musical works, to reproduce, 
perform in public, communicate by cable, or broadcast 
the works; 
(b) in the case of audio-visual productions to make copies 
of them, broadcast, communicate them by cable. or cause 
them to be publicly performed; 
(c) in the case of performances to make records of or broad­
cast the performances or communicate them by cable. 
(3) For the purposes of this section, a licensing body shaH 
be deemed to have refused to grant a general licence to a 
person if the licensing body has failed, within a reasonable 
time from the date when that person has made a wrinen request 
to the licensing body for such a licence, to gram a licence 
or to state in writing the terms and conditions on which it 
is proposing to grant the licence. 
(4) While an order made by the High Court by way of deter­
mination of a dispute referred to it pursuant to subsection (1) 
remains in force, either party to the dispute may refer the 
matter back to the Court for further consideration bm, except 
with the special leave of the Court-IPINIlIGRD/C/2 
Page 46 
(a) an order made so as to be in force for two years or 
less from the date it took effect may not be referred 
back to the Court under this subsection; 
Cb) an order made so as to he in force indefinitely or for 
more than two years from the date it took effect may 
not be referred back to the Court before the expiry of 
twelve months from the date when the order was made. 
57. (1) Save as provided in subsection (2), the hearing and 
determination of any proceedings before the High Court in 
the exercise of the jurisdiction conferred on it by this Part 
shall not be challenged, appealed against, reviewed. quashed 
or caned in question in any court on any account whatever. 
(2) Any party to proceedings before the High Court in 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 foHow­
ing grounds, but no other-
(a) that the High 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 High Count has been formally 
taken at some time during the progress of the matter 
before the making of the order of award; 
(b) that the High 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 High Court in any 
matter is erroneous in law; or 
(e) that some specific illegality (other than fraud) which 
substantially affects the merits of the matter has been 
committed in the course of the proceedings. 
(3) On the hearing of an appeal in any matter brought before 
it under this Act, the Court of Appeal shall have power-
(a) if it appears to the Court of Appeal that a new hearing 
should be held, to set aside the order or award appealed 
against and order that a new hearing be held; or 
(b) to order a new hearing on any question without inter­
fering with the finding or decision upon any other 
question, 
and the Court of Appeal may make such final or other order 
as the circumstances of the matter may require. 
(4) The Court of Appeal may in any matter brought on appeal 
before it dismiss the appeal if it considers that no substantial 
miscarriage of justice has actually occurred notwithstanding 
that it is of the opinion that any point raised in the appeal 
might have been decided in favour of the appellant. Right of 
appeal 10 
Court of 
Appeal on 
certain 
grounds Application 
of Act to 
other 
countries PART X 
INTERNATIONAL ARRANGEMENTS 
58. (1) Subject to this section, the Governor-General may 
by Order make provisions applying any of the provisions of 
this Act specified in the Order, in relation to a country so 
specified, in anyone or more or the foHowing ways-
(a) so that the provisions apply in relation to literary, musical 
or artistic works or editions first published, or sound 
recordings or audio-visual productions made or first 
published, in that country in like manner as those 
provisions apply in relation to literary, musical or artistic 
works or editions first published, or sound recordings 
or audio-visual productions made or first published, in 
Grenada; 
(b) so that the provisions apply in relation to artistic works 
that are buildings erected in that country or are 
incorporated in buildings situated in that country in . like 
manner as those provisions apply in relation to artistic 
works that are buildings erected in Grenada or are 
incorporated in buildings situated in Grenada; 
(c) so that the provisions apply in relation to persons who, 
at a material time, are citizens or nationals of that country 
in like manner as those provisions apply in relation to 
persons who, at such time, are citizens of Grenada; 
(cl) so that the provisions apply in relation to persons who, 
at a material time, are domiciled or resident in that 
country like manner as those provisions apply in 
relation to persons who, at such time, are domiciled 
or resident in Grenada; 
(e) so that the provisions apply in reiation to bodies 
incorporated under the law of that country in like manner 
as those provisions apply in relation to bodies 
incorporated or established under a written law; 
if) so that the provisions apply relation to television 
broadcasts and sound broadcasts made from places in 
that country by persons entitled under the law of that 
country to make such broadcasts in like manner as those 
provisions apply in relation to television broadcasts and 
sound broadcasts made by broadcasting organizations 
in possession of valid licences granted by or under the 
law regulating wireless telegraphy. 
(2) An Order applying a provision of this Act in relation 
to a country other than Grenada in accordance with sub­
section (1)-IPINI1 IGRD/C/2 
Page 47 IP/N/1/GRD/C/2 
Page 48 
Denial of 
copyright or 
neighbouring 
rights 10 
citizens of 
countries not 
giving 
adequate 
protection to 
Grenada 
works or 
performance: (a) may apply the provIsIOn without exception or modi­
fication or subject to such exceptions or modifications 
as are specified in the Order; and 
(b) may apply the provision either generally or in relation 
to such classes of works, productions, performances or 
editions, or other classes of cases, as are specified in 
the Order. 
(3) An Order applying any of the provisions of this Act 
in relation to a country not being a country that is a party 
to a Convention relating to copyright or to neighbouring rights 
in which Grenada is also a party, shaH not be made unless 
the Governor-General is satisfied that, in respect of the class 
of works, productions, performances or editions to which those 
provisions relate, provision has been or will be made under 
the law of that country by virtue of which adequate protection 
is or will be given to owners of copyright or neighbouring 
rights under this Act. 
(4) Where-
(a) the identity of the author of an unpublished work is 
unknown but there are reasonable grounds for believing 
that the author of the work was, at the time when or 
for a substantial part of the period during which the 
work was made, a citizen or national of a country other 
than Grenada; and 
(b) under the law of that country, a persol1 is authorized 
to represent the author, or to protect and enforce the 
rights of the author, in relation to that work; and 
(c) provision is made by the Order applying any of the 
provisions of this Act in relation to works made by 
citizens or nationals of that country, 
that person shall, for the purposes of those provisions as so 
applying, be treated as if he were the author of the work. 
59. 0) In this section-
"author", in relation to a sound recording or an audio­
visual production, means the maker of the recording 
or production; 
"Grenada work or performance" means a work the author 
of which was, at the time when the work was made, 
a qualified person for the purposes of the relevant 
provision of this Act, or a performance by a per­
former who was at the time of the performance such 
a qualified person; 
"the relevant provision of this Act" means-
(a) in relation to a literary, musical or artistic work, 
section 6; 
(b) in relation to a sound recording or an audio­
visual production, section 10; and 
(c) in relation to a performance, section 13; 
"work" means a literary, musical or artistic work, a sound 
recording or an audio-visual production. Application 
of Act to 
international 
organizations 
Original 
works made 
or firsl 
published by 
international 
organizations (2) Where it appears to the Governor-General that the law 
of a country does not give adequate protection to Grenada 
works or performances, or does not give adequate protection 
in relation to a class or classes of such works or performances 
(whether the lack of protection relates to the nature of the 
work or performance or the nationality, citizenship or country 
of residence of its author or performer or all of those matters), 
the Governor-General may, by Order, make provision in relation 
to that country in accordance with subsection (3). 
(3) An Order made for the purpose of this section may 
provide, either generally or in such classes of cases as are 
specified in the Order. that copyright or neighbouring rights 
shall not subsist in works first published or in performances 
first given after a date specified in the Order (which may be 
a date before the commencement of this Act) if, at the time 
of the first publication of those works or the giving of the 
performances, the authors of the works or the performers were 
or are-
(a) citizens or nationals of a country specified in the Order, 
not being at that time persons resident in Grenada; or 
(b) in the case of works being sound recordings or audio­
visual productions, bodies incorporated under the law 
of a country specified in the Order. 
(4) In making an Order for the purposes of this section, 
the Governor-General shall have regard to the nature and extent 
of the lack of protection for Grenada works and performances 
by reason of which the Order is made. 
60. (1) Where it appears to the Governor-General that it 
is desirable that this Act should apply in relation to an 
organization-
(a) of which two or more countries, or the governments 
of two or more countries, are members;~ or 
(b) that is constituted by persons representing two or more 
countries, or representing the governments of two or 
more countries; 
he may by Order declare that organization to be an international 
organization to which this Act applies. 
(2) An international organization to which this Act applies 
which otherwise does not have, or at some material time 
otherwise did not have, the legal capacities of a body corporate 
has, and shall be deemed at an material times to have had, 
the legal capacities of a body corporate for the purpose of 
holding. dealing with and enforcing copyright or neighbouring 
rights and for the purposes of an legal proceedings relating 
to copyright or such neighbouring rights. 
61. (1) Where an original literary, musical or artistic work 
is made by, or under the direction or control of, an international 
organization to which this Act applies in such circumstances 
that copyright would not, apart from this subsection, subsist 
in the work. then-IP INn IGRD/C/2 
Page 49 JPIN/1/GRD/C/2 
Page 50 
Ca) copyright shall subsist in the work and shaH continue 
to subsist so long as the work remains unpublished; and 
(b) the organization shall be, subject to Part IV, the owner 
of that copyright. 
(2) Where an original literary, musical or artistic work is 
first published by, or under the direction or control of, an 
international organization to which this Act applies in such 
circumstances that copyright would not, apart from this 
subsection, subsist in the work immediately after the first 
publication of the work, then-
Ca) copyright shaH subsist in the work, or, if copyright in 
the work subsisted immediately before its first 
publication. shaH cominue to subsist in the work: 
Cb) the copyright shaH subsist until the expiration of fifty 
years after the expiration of the calendar year in which 
the work was first published; and 
(c) the organization shaH be, subject to Part IV, the owner 
of that copyright. 
(3) Save in so far as other provision is made by this section, 
Part IT shaH apply in relation to copyright subsisting by virtue 
of this section in like manner as it applies in relation to copyright 
subsisting by virtue of that Part. 
62. (1) Where a sound recording or an audio-visual 
production is made by, or under the direction or control of, 
an international organization to which this Act applies in such 
circumstances that neighbouring rights would not, apart from 
this subsection, subsist the recording or audio-visual 
production, then-
(a) neighbouring rights shall subsist in the recording or 
production, and shaH subsist so long as the recording 
or production remains unpublished; and 
(b) the organization shall be, subject to Part N, the owner 
of the rights. 
(2) Where a sound recording or an audio-visual production 
is first published by, or under the direction or control of, an 
international organization to which this Act applies in such 
circumstances that neighbouring rights would not, apart from 
this subsection, subsist the recording or production 
immediately after the first publication of the recording or work, 
then-
(a) neighbouring rights shaH subsist in the recording or 
production, or if such rights in the recording or 
production subsisted immediately before its first 
publication, shall continue to subsist in the recording 
or production; 
(b) neighbouring rights shaH subsist until the expiration of 
fifty years after the expiration of the calendar year in 
which the recording or production was first published; 
and Recordings 
and audio­
visual pro­
ductions made 
or first 
published by 
international 
organizations Power of 
Minister 
10 make 
regulations 
Copyright and 
neighbouring 
rights subsist 
only under 
this Act IPfNl1 IGRD/e/2 
Page 51 
(c) the organization shall be. subject to Part IV, the owner 
of the neighbouring rights. 
(3) Where an edition of a literary or musical work or two 
or more literary or musical works, other than an edition that 
reproduces a previous edition of the same work or works, 
is published by. or under the direction or control of, an 
international organization to which this Act applies in such 
circumstances that neighbouring rights would not, apart from 
this subsection, subsist in the edition immediately after the 
first publication of the edition, then-
(a) neighbouring rights shall subsist in the edition and shaH 
continue to subsist until the expiration of twenty-five 
years after the expiration of the calendar year in which 
the edition was first published; and 
Cb) subject to Part IV. the organization shall be the owner 
of the neighbouring rights. 
(4) Save in so far as other provision is made by this section, 
Part HI shall apply in relation to neighbouring rights subsisting 
by virtue of this section in like manner as it applies in relation 
to neighbouring rights subsisting by virtue of that Part. 
PART XI 
MISCELLANEOUS 
63. (1) Save for matters required to be prescribed by rules 
of court for the purposes of Part IX. the Minister may make 
regulations prescribing such matters as are required or permit­
ted by this Act to be prescribed or are necessary or convenient 
to be prescribed for carrying out or giving effect to this Act. 
(2) Without prejudice to the generality of the power confer­
red by subsection (1). regulations made under this section with 
respect to the making of records pursuant to section 35(2) may 
be expressed to apply also to the making of records of literary 
or musical works that are made otherwise than pursuant to 
section 35(2). 
64. Subject to this Act, no copyright or right in the nature 
of copyright shaH subsist in any literary, musical or artistic 
work and no neighbouring rights shall subsist in any sound 
recording. audio-visual production or broadcast or in the 
performance of a literary or musical work, othef'INise than by 
virtue of this Act. IP/NI1IGRD/C/2 
Page 52 
65 (1) Where immediately prior to the commencement of Tran~itional • prOVISions 
this Act copyright subsists in Grenada in a literary, musical 
or artistic work by virtue of the Copyright Act 1956 of the 
United Kingdom, such copyright shall continue to subsist, and 
the person entitled thereto by virtue of that Act shaH be the 
owner thereof, under and subject to this Act, and in particular-
(a) the duration of such copyright; 
(b) the acts comprised within the exclusive rights attaching 
to such copyright; and 
(c) the effect upon the ownership of such copyright of any 
event or transaction occurring, or of any contract or 
agreement made, after the commencement of this Act, 
shaH be governed by this Act. 
(2) Where, at the commencement of this Act, copyright sub­
sists in Grenada, by virtue of the Copyright Act 1956 of the 
United Kingdom, in any record, perforated roH or other contri­
vance by virtue of which sounds may be mechanically produced, 
such copyright shaH continue-
(a) to subsist for the remainder of the period for which 
it would have subsisted if this Act had not been passed; 
and 
(b) in relation to any such record", perforated roll or contri­
vance, to have the meaning and effect it would have 
had if this Act had not been passed. 
(3) Nothing in this Act shall be construed as reviving any 
copyright which subsisted by virtue of the Copyright Act 1956 
of the United Kingdom or as creating a neighbouring right 
in relation to any work in which such copyright subsisted, 
where, prior to the commencement of this Act, such copyright 
had ceased to subsist. 
(4) Where any person has, before the commencement of 
this Act, incurred any expenditure or liability in connection 
with, or in contemplation of, the doing of an act in relation 
to a protected work, production, performance or edition. being 
an act which prior to that date would have been lawful. nothing 
in this Act shaH diminish or prejudice any rights or interests 
which, in relation to that work, production, performance or 
edition, are subsisting and valuable on the date of the 
commencement of this Act, unless the person who, by virtue 
of this Act, is the owner of the copyright or neighbouring 
rights, agrees to pay such compensation as, in default of 
agreement, may be fixed by the High Court. 
(5) Subject to this subsection-
(a) proceedings under this Act for infringement may be taken 
notwithstanding that the alleged infringement occurred 
before the commencement of this Act; IPINIl IGRD/C/2 
Page 53 
(b) proceedings for infringement of copyright instituted and 
not disposed of before the commencement of this Act 
shall be disposed of as if this Act had not been passed; 
(c) where an act done before the commencement of this 
Act was then an infringement of copyright or neigh­
bouring rights under this Act, proceedings in respect 
of that act may be taken as if this Act had not been 
passed; 
(cl) nothing in this Act shall render any act done before 
the commencement of this Act an infringement of 
copyright or neighbouring rights under this Act if that 
act would not, but for the passing of this Act, have 
constituted an infringement. 
Savings 66. (1) Nothing in this Act shaH affect the operation of any 
rule of equity relating to breaches of trust or confidence. 
(2) Nothing in this Act affects the right of the Government, 
or any person deriving title from the Government, to sen, use 
or otherwise deal with articles forfeited under the Customs 
Act, or any article forfeited by virtue of this Act. IPINIlIGRD/C/2 
Page 54 
SCHEDULE (Section 35(2)(b)) 
RATES OF ROYALTIES PAYABLE FOR RECORDING MUSICAL AND LITERARY WORKS 
The royalties payable by a producer in respect of records made 
pursuant to section 35(2) shall be calculated at the rates, and in the 
manner, set out in the following paragraphs. 
Cl) The standard amount of royalty shall be the product of multiply- Normal ba,sis 
, h b f d db' f h 'I 11' ofca!culatton mg t e num er 0 recor s ma e y SIX per cent 0 t e retm se mg 
price at which the producer intends each record to be sold. 
(2) Subject to paragraph (3), if the standard royalty for one record Minimum 
calculated according to paragraph (1) is less than the sum produced royalty 
by multiplying every minute or (part thereof) of the playing time of 
the record by five cents, then the royalty payable for each record shall 
be that sum. 
(3) Where a record consists partly of copyright and partly of non-Apportion­
copyright material, the amount of royalty payable shall be reduced to ment 
the proportion of the standard royalty or the minimum royalty, as the 
case may be, which the duration of copyright material bears to the 
total duration of the record. 
(4) Where it is established that records are being sold at a retail Additional 
price in excess of the price upon which the standard amount of royalties royalties 
payable was calculated, additional royalties shall be payable equivalent 
to the amount by which the royalties, as calculated on the highest actual 
retail price, exceed the standard royalties, 