WORLD TRADE ORGANIZATION 
ORGANISATION MONDIALE DU COMMERCE 
ORGANIZACION MUNDIAL DEL COMERCIO 
Couucil for Trade-Related Aspects 
of Intellectual Property Rights IP /N/1/TTO/C/1 
20 March 2000 
(00-1134) 
Original: English! 
anglaisl 
ingles 
MAIN DEDICATED INTELLECTUAL PROPERTY 
LAWS AND REGULATIONS NOTIFIED UNDER 
ARTICLE 63.2 OF THE AGREEMENT 
TRINIDAD AND TOBAGO 
The present document reproduces the textl of the Copyright Act 1997, as notified by Trinidad 
and Tobago under Article 63.2 of the Agreement (see document IPINIIITTO/I). 
Conseil des aspects des droits de propriete 
intellectuelle qui touchent au commerce 
PRINCIPALES LOIS ET REGLEMENTATIONS CONSACREES A LA 
PROPRIETE INTELLECTUELLE NOTIFIEES AU TITRE 
DE L'ARTICLE 63:2 DE L'ACCORD 
TRINTTE- ET-TOBAGO 
Le present document contient le texte1 de la Loi de 1997 sur le droit d'auteur, notifiee par la 
Trinite-et-tobago au titre de l'article 63:2 de l'Accord (voir le document IPINIIITTOIl). 
Consejo de los Aspectos de los Derechos de Propiedad 
Intelectual relacionados con el Comercio 
PRINCIP ALES LEYES Y REGLAMENTOS DEDICADOS A LA PROPIEDAD 
INTELECTUAL NOTIFICADOS EN VIRTUD DEL pARRAFO 2 
DEL ARTicULO 63 DEL ACUERDO 
TRINIDAD Y TABAGO 
En el presente documento se reproduce el texto1 de la Ley de Derecho de Autor de 1997, 
notificado por Trinidad y Tabago en virtud del parrafo 2 del articulo 63 del Acuerdo (vease el 
documento IPlNllITTOIl). 
1 In English only.lEn anglais seulement.lEn ingles solamente. IP/N/IITTOIC/1 
Page 2 
Legal Supplement Part A to the "Trinidad and Tobago Gazette", Vol. 36, 
No. 94, 13th May, 1997 
Second Session Fifth Parliament Republic of Trinidad 
and Tobago 
REPUBLIC OF TRINIDAD AND TOBAGO 
Act No. 8 of 1997 
[L.S.] 
.AN Ac:r to make provision in respect of copyright and 
neighbouring rights, in substitution for the 
Copyright Act, 1985, and for related purposes. 
[Assented to 9th May, 1997J 
WHEREAS it is enacted by section 13(1) of thePreamble 
Constitution that an Act of Parliament to which that 
section applies may expressly declare that it shall have 
effect even though inconsistent with sections 4 and 5 of 
the Constitution, and if any Act does so declare it shall 
have effect accordingly: THE COPYRIGHT ACT; 1997 
Arrangement of Sections 
PART I 
PRELIMINARY 
Clause 
1. Short title and commencement 
2. Act inconsistent with the Constitution 
3. Interpretation 
4. Application 
PART 11 
COPYRIGHT 
5. Co~yright and copyright works 
6. Derivative works 
7. Subject matter not protected 
8. Nature of copyright 
9. Private reproduction for personal purposes 
10. Quotation 
11. Reproduction for teaching 
12. Reprographic reproduction by libraries and archives 
13. Reproduction broadcasting and other communication to the 
pub~ic for informatory purposes 
14. Reproduction and adaptation of computer programs 
15. Importation for personal purposes 
16. Display of works 
17. Permitted use of artistic works situated in public places 
PART III 
MORAL RIGHTS 
18. Moral rights 
PART IV 
DURATION OF COPYRIGHT AND MORAL RIGHTS 
19. Duration of copyright IP/N/1/TTO/CIl 
Page 3 IP/N/IITTO/CIl 
Page 4 
ii 
PART V 
NEIGHBOURING RIGHTS 
(Protection of Performers, Producers of Sound Recordings and 
Broadcasting Organizations) 
20. Neighbouring rights subsisting in performances, sound 
recordings and broadcasts 
21. Acts requiring authorization of performers 
22. Acts requiring authorization of producers of sound recordings 
23. Equitable remuneration for use of sound recordings 
24. Acts requiring authorization of broadcasting organizations 
25. Limitations on protection 
PART VI 
OWNERSHIP AND AsSIGNMENT 
26. Original ownership of copyright and neighbouring rights 
27. Original ownership of copyright and neighbouring rights by 
international organizations 
28. Assignments and licences 
29. Prospective ownership of author's rights 
PART VII 
INFRINGEMENT 
30. Action-definition of 
31. Action by owner of rights for infringement 
32. Action by exclusive licensee for infringement 
33. Exercise of concurrent rights 
34. Secondary infringements 
35. Presumption of authorship and of representation· of the 
author 
36. Presumptions relevant to sound recordings, audio-visual 
works and computer programs 
37. Presumptions relevant to works of the State iii 
PART VIII 
CML REMEDIES AND CRIMINAL LIABILITY 
38. Civil remedies for infringement 
39. Wide injunction available to licensing bodies IP/N/lITTO/C/1 
Page 5 
40. Withdrawal of privilege against incrimination of self or 
spouse in infringement and related proceedings 
41. Criminal liability for infringement 
42. Offences by bodies corporate 
43. Time limited for prosecution 
44. Measures, remedies and sanctions against abuses in respect· 
of technical means 
45. Powers of police officers 
46. Obst'ruction of police officers 
47. Power to arrest without warrant 
48. Provision for restricting importation of infringing copies 
PART IX 
SPECIAL JURISDICTION OF THE COURT 
49. Definitions 
50. Jurisdiction of Court 
51. Procedure in proceedings before the Court 
52. Disputes with licensing bodies 
53. Rights of appeal 
PART X 
FINAL PROVISIONS 
54. Scope of application of Act 
55. Application of Act in relation to performers, sound recordings 
and broadcasts . 
56. Act No. 13 of 1985 repealed 
57. Regulations 
58. Savings IP/NIIITTOICIl 
Page 6 
Enactment 
Short title 
and 
commencement 
Act inconsis­
tent with the 
Constitution 
Interpretation And whereas it is provided in subsection (2) 'of the 
said section 13, that an Act of Parliament to which that 
section applies is one the Bill for which has been passed 
by both Houses of Parliament and at the final vote 
there on in each House has been supported by the votes 
of not less than three-fifths of all the members of that 
House: 
And whereas it is necessary,and expedien~ that this 
Act have effect even though inconsistent with sections 4 
and 5 of the Constitution: 
ENACI'ED by the Parliament of Trinidad and Tobago as 
follows:-
PART I 
PRELIMINARY 
1. (1) This Act may be cited as the Copyright Act, 
1997. 
(2) This Act shall come into force on such date as 
is fIxed by the President by Proclamation. 
2. This Act shall have effect even though inconsistent 
with sections 4 and 5 of the Constitution. 
3. For the purposes of this Act, the following terms 
have the following meaning: 
"audio-visual work" is a work that consists of a 
series of related images which impart the 
impression of motion, with or without 
accompanying sounds, susceptible of being 
made visible, and where accompanied by 
sounds, susceptible of being made audible; 
"author" is the natural person who has created 
the work; ''broadcasting'' is the communication of a work, 
a performance or a sound recording to the 
public in any country or territory by 
wireless transmission, including 
transmission by satellite, and "broadcast" 
and "rebroadcasting" have corresponding 
meamngs; 
''building'' is a structure. of any kind; 
"collective work" is a work created by two or 
more natural persons at the initiative and 
under the direction of a natural person or 
legal entity, with the understanding that it 
will be disclosed by the latter person or 
ent!ty under his or its own name and that 
the identity of the contributing natural 
persons will not be indicated; 
"communication to the public" is the 
transmission by wire or wireless means, of 
the images or sounds, or both, of a work, a 
performance or a sound recording in such a 
way that the images or sounds can be 
perceived by persons outside the normal 
circle ofa family and its closest !3ocial 
acquaintances at a place or places so 
distant from the place -where the 
transmission originates that, without the 
transmission, the images or sounds would 
not be perceivable and further, irrespective 
of whether the persons can receive the 
images or sounds at the same place and 
time, or at different places or times; 
"computer" is an electronic or similar device 
having information processing capabillties; 
and -a "computer program" is a set of 
instructions expressed in words, codes, IP/N/lITTO/C/l 
Page 7 IP/N/lITTOICIl 
Page 8 
schemes or in any other form, which is 
capable, when incorporated in a medium 
that the computer can read, of causing a 
computer to perform or achieve a 
particular task or result; 
"copyright" is the right subsisting under 
Part II; 
"Court" is the High Co.urt; 
"electronic retrieval system" is an electronic 
system-
(a) in which works, performances or 
broadcast~ may be stored; and 
(b) from which a member of the 
public may cause a work, 
performance or broadcast, 
selected by him, to be 
transmitted, by wire or wireless 
means, to receiving equipment 
under his control; 
"exclusive licence" is 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 person 
granting the licence, to exercise a right 
which by virtue of this Act would (apart 
from the licence) be exercisable exclusively 
by the owner of copyright or neighbouring 
rights and "exclusive licensee" shall be 
construed accordingly; 
"future copyright or neighbouring rights" 
has the meaning assigned to it under 
section ?9(2); "general licence" has the meaning assigned to 
it under section 49; 
"infringement" is any act that contravenes any 
rights protected under this Act; 
''licensing body" has the meaning assigned to it 
under section 49; 
"moral rights" are the rights subsisting under' 
Part Ill; 
"neighbouring rights" are the rights subsisting 
under Part V; 
''performers'' are singers, musicians, and other 
persons who sing, deliver, declaim, play in, 
or otherwise perform literary and artistic 
works and "performance" has a 
corresponding meaning; 
''photographic work" is the recorclin'g of light or 
other radiation on any medium on which 
an image is produced or from which an 
image may be produced, irrespective of the 
technique (chemical, electronic or other) by 
. which such recording is made; a still 
picture extracted from an audiovisual work 
shall not be considered a "photographic 
work" but a part of the audiovisual work 
concerned; 
"producer" of an audiovisual work, a work of 
mas or a sound recording, is the natural 
-person or legal entity by whom the 
arrangements necessary for the making of 
the audiovisual work, work of mas or 
sound recording are undertaken; 
''prospective owner" has the meaning assigned 
to it in the definition of "future copyright 
or neighbouring rights" in section 29(2); 
"public display" is the showing of the original 
or a copy of a work-
(a) directly; 
(b) by means of a film, slide, 
television image or otherwise on 
screen; IP/N/lITTO/C/1 
Page 9 IP/N/1/TTO/C/1 
Page 10 
(c) by means of any other device or 
process; or 
(d) in the case of an audiovisual work, 
the showing of individual images 
nonsequentially, 
at a place or places where persons outside 
the normal circle of a family and its closest 
social acquaintances are or can be present, 
irrespective of whether they are or can be 
present at the same place and time or at 
different places or times, and where the 
work can be displayed without com­
munication to the public within the 
meaning of the definition of 
"communication to the'public"; 
"public lending" is the transfer of the 
possession of the original or a copy of a 
work or a sound recording for a limited 
period of time for non-profit making 
purposes, by an institution, the services of 
which are available to the public, such as a 
public library or archive; 
"public performance", is-
(a) in the case of a work other than 
an audiovisual work, the 
recitation, playing, dancing, acting 
or otherwise performing the work, 
either directly or by means of any 
device or process; 
(b) in the case of an audiovisual work, 
the showing of images in sequence 
and the making of accompanying 
sounds audible; and 
(c) in the case of a sound recording, 
making the recorded sounds 
aU,dible, at a place or at places were persons 
outside the normal circle of the fami}y and 
its closest acquaintances are or/can be 
present, irrespective of whether they are 
or can be present at the same place and 
time, or at different places or times, and 
where the performance can be perceived 
without the need for communication to the 
public within the meaning of the defmition 
of "communication to the public"; 
"published" refers to a work or a sound 
recording- . 
(a) copies of which have been made 
available to the public in a 
reasonable quantity for sale, 
rental, public, lending or for other 
transfer of the ownership or the 
possession of the copies; or 
(b) which have been made available 
to the public by means of an 
electronic retrieval system, 
provided that, in the case of a work, the 
making available to the public took place 
with the consent of the author or other 
owner of copyright, and in the case of a 
sound recording, with the consent of the 
producer of the sound recording or his 
successor iJ;l title; 
''related offence" has the meaning assigned to 
it under section 40(1); 
''related penalty" has the meanj.ng assigned to 
it under section 40(1); 
''rental'' is the transfer of the possession of the 
original or a copy of a work ot sound 
recording for a limited period of time fot 
profit-making purposes; IP/N/1/TTO/CIl 
Page 11 IP/N/1/TTO/C/1 
Page 12 
Application "reproduction" is the making of one or more 
copies of a work or sound recording in any 
material form, including any permanent 
or temporary storage of the work or sound 
recording in electronic form; 
"sound recording" is any exclusively aural 
frxation of the sounds of a performance or 
of other sounds, regardless of the method 
by which the sounds are fixed or the 
medium in which the sounds are embodied 
but does not include a fIxation of sounds 
and images, such as the sound 'track of an 
audiovisual work; 
"work" is any literary or artistic work under 
section 5(1); 
"work of applied art" is an artistic creation 
with utilitarian functioris or incorporated 
in a useful article, whether made by hand 
or pro,duced on an industrial scale; 
"work of joint authorship" is a work to the 
creation of which two or more authors 
have contributed, provided the work does 
not qualify as a "collective work" under the 
deflnition of "collective work"; 
"work of mas" is an original production 
intended to be performed by a person or a 
group of persons in which an artistic work 
in the form of an adornment or image 
presented by the person or persons is the 
primary element of the production, and in 
which such adornment or image may be 
accompanied by words, music, choreo­
graphy or other works, regardless of 
whether the production is intended to be 
performed on stage, platform, street or 
other venue. 
4. (1) This Act shall also apply to works made, 
performances given, sound recordings made and 
broadcasts first transmitted before the date of the 
coming into force of this Act, provided that the term of IP /NI lITTOICIl 
Page 13 
protection had not expired under the Copyright Act, Act No. 13 of 1985 
1985 or, in the case of works, under the legislation of 
the country of origin of such works, that are to be 
protected under an international treaty to which 
Trinidad and Tobago is party. 
(2) This Act shall not affect contracts on works, 
performances and broadcasts concluded before the 
coming into force of this Act. 
PART IT 
COPYRIGHT 
5. (1) Copyright is a property right which subsists in Cop~ight and 
literary and artistic works that are original intellectual copynghtworks 
creations in the literary and artistic domain, including 
in particular: 
(a) books, pamphlets, articles, computer 
programs and other writings; 
(b) speeches~ lectures, addresses, sermons and 
other works of the same nature; 
(c) dramatic works, dramatico-musical works, 
pantomimes, choreographic works and 
other works created for stage productions; 
(d) stage productions of works mentioned in 
paragraph (c); 
(e) musical works, with or without 
accompanying words; 
(f) audiovisual works; 
(g) works of architecture; 
(h) works of drawing, painting, sculpture, 
engraving, lithography, tapestry and other 
works of fme art; 
(i) photographic works; 
(j) works of applied art; 
'(k) illustrations, maps, plans, sketches and 
three-dimensional works relative to geo­
graphy, topography, aJ;chitecture or science. IP/N/1/TTO/CIl 
Page 14 
Derivative workS' 
Subject matter not 
protected (2) Works shall be protected by the sole fact of 
their creation and irrespective of their mode or form of 
expression, as well as of their content, quality and 
purpose. 
6. (1) The following shall also be protected as works: 
(ei) translations, adaptations, arrangements 
and other transformations or modifications 
of works; 
(b) collections of works and collections of mere 
data (data bases), whether in machine 
readable or other form, provided that such 
collections are original by reason of the 
selection, co-ordination or arrangement of 
their contents; and 
(c) works of mas. 
(2) The protection of any work referred to in 
subsection (1) shall be without prejudice to any 
protection of a pre-existing work incorporated in or 
utilized for the making of such a work. 
7. (1) Notwithstanding the provisions of sections 5 
and 6, but subject to subsection (2), no protection shall 
extend under this Act to-
(a) any idea, procedure, system, method of 
operation, concept, principle, discovery or 
mere data, even if expressed, described, 
explained, illustrated or embodied in a work; 
(b) any official text of a legislative, administra­
tive or legal nature, as well as any official 
translation thereof; 
(c) political speeches and speeches delivered 
in the course of legal proceedings. 
(2) Collections of texts or speeches referred to in 
subsection (1)(b) or (c), whether in machine readable or 
other form, shall be protected as works provided that 
such collections are original by reason of the selection, 
co-ordination or arrapgement of their contents. IP/N/1/TTO/C/l 
Page 15 
8. (1) Subject to the provisions of sections 9 to 17) Nature of copyright 
the owner of copyright shall have the exclusive right to 
do, authorize, or prohibit the following acts in relation 
to the work: 
-(a) reproduction of the work; 
(b) translation of the work; 
(c) adaptation, arrangement or other transfor­
mation of the work; 
(d) the first public distribution of the original ° 
and each copy of the work by sale, rental or 
otherwise; 
(e) rental or public lending of the original or a 
copy of an audiovisual work, a work 
embodied in a sound recording, a computer 
program, a data base or a musical work in 
the form of notation, irrespective of the 
ownership of the original or copy concerned; 
(f) importation of copies of the work, even 
where the imported copies were made with 
the authorization of the owner of copyright; 
(g) public display of the original or a copy of 
the work; 
(h) public performance of the work; 
(i) broadcasting of the work; 
(j) communication to the public of the work. 
(2) The rights of rental and lending under 
paragraph (e) of subsection (1) do not apply to rental or 
lending of computer programs where the program itself 
is not the essential object of the rental or lending. 
9. (1) N otwi thstanding the provisions of section Private reproduction 
8(1)(a) and subject to the provisions of subsection (2/oorperaonalpurposeB 
the private reproduction of a published work in a single 
copy shall be permitted witholit the authorization of 
the owner of copyright, where the reproduction is made 
by a natural person exclusively for his own personal 
purposes. IP/NIlITTOIC/I 
Page 16 
Quotation 
Reproduction for 
teaching (2) The permission under subsection (1) shall not 
extend to reproduction-. 
(a) of a work of architecture in the form of a 
building or other construction; 
(6) in the form of reprography of the whole or 
a substantial part of a book or of a musical 
work in the form of notation; 
(e) of the whole or a substantial part of a data 
base; 
(d) of a computer program, except as provided 
in section 14; and 
(e) of any work.-in cases where reproduction 
would conflict with a normal exploitation of 
the work or would otherwise unreasonably 
prejudice the legitimate interests of the 
owner of copyright. 
10. (1) Notwithstanding the prOVISIons of 
section 8(1)(a), the reproduction of a short part of a 
published work, in the form of a quotation, shall be 
permitted without authorization of the owner of 
copyright. provided that the reproduction is compatible 
with fair dealing and does not exceed the extent 
justified by the purpose. 
(2) The quotation shall be accompanied by an 
indication of its source and the name of the author, if 
his name appears in the work from which the quotation 
is taken. 
11. (1) Notwithstanding the provisions of section 
8(1)(a), the following acts shall be permitted without 
authorization of the owner of copyright: 
(a) the reproduction of a short part of a 
published work for teaching purposes by 
way of illustration, in writing or sound ·or 
visual recordings, provided that such 
reproduction is compatible with fair dealing and does not exceed the extent 
justified by the purpose; 
(b) the reprographic reproduction, for face-to­
face teaching in educational institutions 
the activities of which do not serve direct 
or indirect commercial gain, of published 
articles, short works or short extracts from 
works, to the extent justified by the 
purpose, provided that-
(i) the act of reproduction is an isolated 
one occurring, if repeated, on 
separate and unrelated occasions; 
and 
(ii) there is no collective licence 
available (that is, offered by a 
collective administration organiza­
tion of which the educational 
institution is or should be aware) 
under which such reproduction 
can be made, 
(2) The source of the work reproduced and the 
name of the author shall be indicated as far as 
practicable on all copies made under subsection (1), 
12. Notwithstanding the provisions of section 8(1)(a), Reprogra~hic IP/N/lITTO/C/1 
Page 17 
l'b h' h t' 't' d t reproductIon any 1 rary or arc 1 ve w ose ac 1 VI res 0 no serve by libraries and 
direct or indirect commercial gain may, without the archives 
authorization of the owner of copyright, make a single 
copy of the work by reprographic reproduction-
(a) where the work reproduced is a published 
article, other short work or short extract of 
a work, and where the purpose of the 
reproduction is to satisfy the request of a 
natural person, provided that-
(i) the library or archive is satisfied 
that the cOJ?Y will be used solely IP/N/1/TTOIC/I 
Page 18 
Reproductions, 
broadcasting ana 
other communi; 
. cation to the public 
for informatory 
purposes for the purpose of study, scholar­
ship or private research; 
(ll) the act of reproduction is an 
isolated case occurring, if repeated, 
on separate and unrelated 
occasions; and 
(iii) there is no collective licence 
available I (that is, offered by a 
collective administration organiza­
tion o~which the library or archive 
is or should be aware) under 
which s~ch copies can be made; or 
(b) where the copy is made in order to 
preserve and, if necessary replace a copy, 
or to replace a copy which has been lost, 
destroyed or rendered unusable in the 
permanent collection of another similar 
library or archive, provided that it is 
impossible to obtain such a copy under 
reasonable conditions, and provided 
further that the act of reprographic 
reproduction is an isolated case occurring, 
if repeated, on separate and unrelated 
occasions . 
. 13. Notwithstanding the provisions of section 8(1)(a), 
(i) and (j), the following acts shall be permitted in 
respect of a work without the authorization of the 
owner of copyright, subject to the obligation to indicate 
the source and the name of the author as far as 
practicable: 
(a) the reproduction in a newspaper or 
periodical, the broadcasting or other 
communication to the public of an article 
published in a newspaper or periodical on 
current economic, political or religious 
topi~s or a broadcast work of the same 
character; this permission shall not apply where the owner of copyright has reserved 
the right to authorize reproduction, 
broadcasting or other communication to 
the public on the copies themselves, or in a 
prominent way in connection with 
broadcasting or other communication to 
the public of the work; 
(b) for the purpose of reporting current events, 
the reproduction and the broadcasting or 
other communication to the public of short 
excerpts of a work seen or heard in the 
course of such events, to the extent 
justified by the informatory purpose; , 
(e) the reproduction in a newspaper or 
periodical, the broadcasting o~ ,other 
communication to the public of a lecture, 
address, sermon or other work of a kimilar 
nature delivered in public, to the extent 
justified by the purpose of providing 
current information. IP/N/1/TTO/C/1 
Page 19 
14. (1) Notwithstanding section 8(1)(a) and (e) theReprod~ctionand , adaptation of reproduction, in a single copy, or the adaptation of acomputerprograma 
computer program by the lawful owner of a copy of that 
computer program shall be permitted without the 
authorization of the owner of copyright, provided that 
the copy or adaptation is necessary-
(a) for use of the computer program with a 
computer for the purpose and extent for 
which the computer program has been 
obtained; 
(b) for archival purposes and for the 
replacement of a lawfully owned. copy of 
the computer program in the event that 
the said copy is lost, destroyed or rendered 
lnusable. IP/N/lITTO/C/1 
Page 20 
Importation for 
personal purposes 
Display of works 
Permitted use of 
artistic works 
situated in public 
places (2) No copy or adaptation of a computer program 
shall be used for any purpose other than those specified 
in subsection (1), and any such copy or adaptation shall 
be destroyed in the event that continued possession of 
the copy of the computer program ceases to be lawful. 
15. Notwithstanding the provisions of section 8(1)(f), 
the importation of not more than three copies of a work 
by a natural person for his own personal purposes shall 
be permitted without the authorization of the owner of 
copyright. 
16. Notwithstanding the provisions of section 8(1)(g), 
'" the public display of originals or copies of works shall 
be permitted without the authorization of the owner of 
copyright, provided that the display is made other than 
by means of a film, slide, television image or otherwise 
on screen or by means of any other device or process, 
and provided further that the work has been published 
or the original or the copy displayed has been sold, 
given away or otherwise transferred to another person 
by the owner of copyright or his successor in title. 
17. Notwithstanding the provisions of sections 8(1) 
and 16, the inclusion of an artistic work in a work, 
broadcast or communication to the public shall not be 
considered an infringement if the artistic work-
(aJ is permanently situated in a public place 
or in premises open to the public; or 
(b) is included in the work, broadcast or 
communication to the public by way only of 
background or as incidental to the 
essential matters represented. PART III 
MORAL RIGHTS IP/N/1/TTO/C/1 
Page 21 
18. (1) Independently of his copyright, and even Moral rights 
where he is no longer the owner of copyright, the 
author of a work shall have the right-
(a) to have his name indicated prominently on 
the copies and in connection with any 
public use of his work, as far as practicable; 
(b) to not have his name indicated on the 
copies and in connection with any public 
use of his work; 
(c) to use a pseudonym; 
(d) to object to any distortion, mutilation or 
other modification of, or other derogatory 
action in relation to, his work which would 
be prejudicial to his honour or reputation. 
(2) None of the rights mentioned in subsection (1) 
shall be transmissible during the life of the author, but 
the right to exercise any of those rights shall be 
transmissible by testamentary disposition or by 
operatio~ of law following the death of the author. 
(3) The author may waive any of the moral rights 
mentioned in subsection (1), provided that such a 
waiver is in writing and clearly specifies the right or 
rights waived and the circumstances in which the 
waiver applies and provided further, that any waiver of 
the right under paragraph (d) of subsection (1) specifies 
the nature and extent of the modifications or other 
action in respect of which the right is waived, and 
following the death of the author, the natural person or 
legal entity upon whom or which the moral rights have 
devolved shall have the right to waive the said rights. IP/N/lITTOICIl 
Page 22 
PART IV 
DURATION OF COPYRIGHT AND MORAL RIGHTS 
Duration of copyright 19. (1) Subject to the provisions of subsections (2) to 
(5), copy.right and moral right~ shall be protected 
during the life of the author and for flfty years after his 
death. 
-(2) In the case of a work of joint authorship, 
copyright and moral rights shall be proteCted during 
the life of the last surviving author and for flfty years 
after his death. 
(3) In the case of a collective work, other than a 
work of applied art, and in th.e case of an audiovisual 
work, copyright and moral rIghts shall be protected 
for-
(a) seventy-flve years from the date on which 
the work was first published; 
(b) seventy-five years from the date on which 
the work was first made available to the 
public, if the work has not been published 
before twenty-five years after its making; 
or 
(c) one hundred years from the making of the 
work, if the work had neither been made 
available to the public nor published before 
twenty-five years after its making. 
(4) In the case of a work published anonymously 
or under a pseudonym, copyright and moral rights shall 
be protected for-
(a) seventy-five years from the date on which 
the work was first published; 
(b) seventy-five years from the date on which 
the work was first made 8,vailable to the 
public, if the work has not been published 
before. twenty-five years after its making; 
or (c) one hundred years from the making of the 
work, if the work had neither been made 
available to the public nor published before 
twenty~five years after its making, 
provided that where the author's identity 
is revealed or is no longer in doubt before 
the expiration of the said period the 
provisions of subsection (1) or (2) shall 
apply, as the case may be. 
(5) In the case of a work of applied art, copyright 
and moral rights shall be protected for twenty-five 
years from the making of the work. 
(6) Every period provided for under the 
preceding subsections shall run to the 'end of the 
calendar year in which it would otherwise expire. 
PART V 
NEIGHBOURING RIGHTS 
(Protection of Performers,' Producers of Sound 
Recordings and Broadcasting Organizations) IP !N/l/IIOlell 
Page 23 
20. Neighbouring rights are property rights whichNei~b?ur~ngrights . . subSIsting In SUbSIst In performances, sound recordings and performances, 
b d Bound recordings roa casts. and broadcasts 
21. (1) Subject to the provisions of section 25, aActsre.qui:ing " Iluthorlzatlon of performer shall have the excl USI ve ngh t to do, performers 
authorize or prohibit any o{the following acts: 
(a) the broadcasting or other communication 
to the public of his performance other than 
a communication through an electronic 
retrieval system, except where the 
broadcasting or the other 
communication-
CD is made from a fixation of the 
performance, other than a fIxation 
made under the terms of section 
25; or IPlNllITTO/C/l 
Page 24 
Acts requiring 
authorization of 
producers of sound 
rerordings (ii) is a rebroadcasting made or 
authorized by the organization 
initially broadcasting the 
performance; 
(b) the fIxation of his unfIxed performance; 
(c) the reproduction of a fixation of his 
performance in any manner or form. 
(2) Once the performer has authorized the 
incorporation of his performance in an audiovisual 
fIxation, the provisions of sUbsection (1) shall have no 
further application. 
(3) Nothing in this section shall be construed to 
deprive performers of the right to agree by contract on 
terms and conditions more favourable for them in 
respect of their performances. 
(4) The rights under this section shall be 
protected from the moment in which the performance 
takes place until the end of the fIftieth calendar year 
following the year in which the performance takes 
place. 
22. (1) Subject to the provisions of section 25, a 
producer of a sound recording shall have the exclusive 
right to do, authorize or prohibit any of the following 
acts: 
(a) direct or indirect reproduction of the sound 
recording in any manner or form; 
(b) importation of copies of the sound 
. recording, even where the imported copies 
were made with the authorization of the 
producer; 
(c) the first public distribution of the original 
or a copy of the sound recording by sale or 
otherwise; (d) adaptation or other transformation of the 
sound recording; 
(e) rental of the original or a copy of the sound 
recording, for the purposes of direct or 
indirect commercial adva:ntage, irrespec­
tive of the ownership of the original or 
copy rented; 
(f) the making available to the public of the 
sound recording through an electronic 
retrieval system. 
(2) The rights under subsection (1) shall be 
protected from the publication of the sound recording 
until the end of the fiftieth calendar year following the 
year of publication or, if the sound recording has not 
b'een published, from the fixation of the sound 
recording until the end of the fiftieth calendar year 
following the year of fixation. IP/N/IITTO/CIl 
Page 25 
23. (1) If a sound recording published for Equitable . 1 d . f h d remuneration for UBe COmmerCIa purposes, or a repro uctlon 0 suc soun of sound recordings 
recording, is used directly for broadcasting or 
communication to the public, or is publicly performed, a 
single equitable remuneration for the performer and 
the producer of the sound recording shall be paid by the 
user to the producer. 
(2) The single equitable remuneration paid by 
the user to the producer under subsection (1) shall be 
fixed, in default of agreement, by the Court. 
(3) Unless otherwise agreed between the 
performer and the producer, half of the amount 
received by the producer under subsection (1) shall be 
paid by the producer to the performer. 
(4) The right to an equitable remuneration 
under this section shall subsist from the date of 
publication of the sound recording until the end of the 
fiftieth calendar year following, the year of publication IP/N/lITTO/C/l 
Page 26 
Acta requiring 
authorization of 
broadcasting 
organizations 
Limitations on 
protection or, if the sound recording has not been published, from 
the date of flxation of the sound recording until the end 
of the fiftieth calendar year following the year of 
flxation. 
(5) For the purposes of this section, a sound 
recording which has been made available to the public 
through an electronic retrieval system shall be deemed 
to have been published for commercial purposes. 
24. (1) Subject to the provisions of section 25, a 
broadcasting organization shall have the exclusive 
right to do, authorize or prohibit any of the following 
acts: . 
(a) the rebroadcasting qf its broadcast; 
(b) the communication to the public of its 
broadcast; 
(c) the flxation of its broadcast; 
(d) the reproduction of a fixation of its 
broadcast. 
(2) The rights under this section shall be 
protected from the moment when the broadcasting 
takes place until the end of the fiftieth calendar year 
following the year in which the broadcast first takes 
place. 
25. Sections 21, 22, 23 and 24 shall not apply where 
the acts referred to in those sections are related to-
(a) the use by a natural person exclusively for 
his own personal purposes; 
(b) using short excerpts for reporting current 
events to the extent justified by the 
purpose of providing current information; 
(c) use solely for the purpose of face-to-face 
teaching activities or for scientific 
research; 
(d) cases where, under Part II, a work can be 
used without the authorization of the 
owner of copyright. PART VI 
OWNERSHIP AND AsSIGNMENT IP/N/l/TTOIC/l 
Page 27 
26. (1) Subject to the provisions of subsections (2) to Original owne~hip 
(5) h .. 1 f . ht' th th h of copyright and , t e onglna owner 0 copyng IS e au or w 0 neighbouring rights 
has created the work. 
(lA) Subject to the provisions of section 25 and 
subsections (7) to (9), the original owners of neigh­
bouring rights in-
(a) a performance or sound recording are the 
producer of, and the performer or 
performers in, the performance or sound 
recording, as the case may be; ,and 
(b) a broadcast is the broadcasting organization. 
(2) In respect of a work of joint authorship, the 
co~authors shall be the original owners of copyright, but 
if a work of joint authorship consists of parts that can 
be used separately and the author of each part can be 
identified, the author of each part shall be the original 
owner of copyright in the part that he has created. 
(3) In respect of a collective work, the natural 
person or legal entity at the initiative and under the 
direction of whom or which the work has been created 
shall be the original owner of copyright. 
(4) In respect of a work created by an author 
employed by a natural person or legal entity in the 
course of his employment, the original owner of 
copyright shall be, unless provided otherwise by 
agreement, the employer. 
(5) In respect of an audiovisual work or a work of 
mas, the original owner of copyright shall be the 
producer, unless provided otherwise by agreement. 
(6) The authors of the pre-existing works 
included in or adapted for the making of an audiovisual 
work or work of mas shall maintain their copyright in 
their contributions or pre-existing works, respectively, 
to the extent that those contributions or pre~existing 
works can be the subject of acts covered by their 
copyright separately from the audiovisual work or work 
ofmas. IP/N/IITTO/CIl 
Page 28 
Original ownernhip 
of copyright and 
neighbouring rights 
by international 
organizations (7) Where a work or a sound recording 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 or sound recording, then copyright or 
neighbouring rights shall subsist therein by virtue of 
this subsection and shall belong to the State. 
(8) Copyright or neighbouring rights subsisting 
in a work or a sound recording which has, with the 
written consent of the owner of copyright or 
neighbouring rights, been first published in Trinidad 
and Tobago by or under the direction or control of the 
Government shall belong to the State. 
(9) Subsections (7) and (8) shall have effect 
subject to any agreement wh'ereby it is agreed that 
copyright or neighbouring rights in the work or sound 
recording shall vest in the owner of copyright or 
neighbouring rights or some other person designated in 
the agreement. 
(10) For the purposes of this section the term 
"agreement" includes any conditions regulating or 
applying to the employment of a person in the service of 
the State. 
27. (1) Where it appears to the President 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 an entity has, and shall be deemed at all 
material times to have had, the legal capacities of an entity for the purpose of holding, dealing with and 
enforcing copyright or neighbouring rights and for the 
purposes of all legal proceedings relating to such 
copyright or neighbouring rights. 
(3) Where an original literary work, an artistic 
work, a sound recording or a broadcast made by, or 
under the direction or control of, an international 
organization to which this Act applies in such 
circumstances that copyright or neighbouring rights 
would not, apart from this subseCtion, subsist in the 
work, sound recording or broadcast, then-
(a) copyright shall subsist in the work, and 
section 19(3), (5) and (6) shall apply; 
(b) neighbouring rights shall subsist in the 
sound recording or broadcast and sections 
22(2) and 24(2) shall apply; and 
(e) the organization shall be, subject to this 
Part, the 'owner of copyright or neigh­
bouring rights. 
(4) Save in so far as other provision is made by 
this section, Parts II and V shall apply in relation to 
copyright or neighbouring rights respectively which 
subsist by virtue of this section in like manner as it 
applies in relation to copyright or neighbouring rights 
subsisting by virtue of those Parts. IP/N/lITTO/C/l 
Page 29 
28. (1) Copyright and neighbouring rights shall be ~signments and 
transmissible in whole or in part by assignment, by h~nce8 
disposition or by operation of law, :;is personal or 
moveable property. 
(2) An assignment of copyright or neighbouring 
rights is not effective unless it is in writing and signed 
by or on behalf of the assign or. 
(3) A licence granted by the owner of copyright or 
neighbouring rights is binding on every successor in IPINIl/TTOICIl 
Page 30 
title to his interest in the copyright or neighbouring 
rights, except-
(aJ a purchaser in good faith for valuable 
consideration and without notice (actual or 
constructive) of the licence; or 
(b) a person deriving -title from such a 
purchaser, and references in this Act, in 
relation to any copyright or neighbouring 
rights, to doing anything with.or without 
the licence of the owner of copyright or 
neighbouring rights, shall be construed 
accordingly. 
(4) An assignment in whole or in part of any 
copyright or neighbouring rights, or a licence to do an 
act subject to authorization by the owner of copyright 
or neighbouring rights, shall not include or be deemed 
to include the assignment or licence of any other rights 
not explicitly referred to therein. 
(5) An exclusive licensee has the same rights 
against a successor in title who is bound by the licence 
as he has against the person granting the licence. 
Prospective 29. (1) Where, by an agreement made in relation to ownership of author's 
rights future copyright or neighbouring rights, and signed by 
or on behalf of the prospective owner of copyright or 
neighbouring rights, the prospective owner purports to 
assign the future copyright or neighbouring rights 
(wholly or partly) to another person, then if, on the 
coming into existence of the copYJ:ight or neighbouring 
rights, the assignee or another person claiming under 
him would be entitled as against all other persons to 
require the copyright or neighbouring rights to be 
vested in him, the copyright or neighbouring rights 
shall vest in the assignee or his successor in title by 
virtue of this subsection. (2) In this section, "future copyright or 
neighbouring rights" means copyright or neighbouring 
rights which will or may come into existence in respect 
of any future work, performance, sound recording or 
broadcast, or on the coming into operation of this Act, 
or in any future event, and "prospective owner" shall be 
construed accordingly, and includes a person who is 
prospectively entitled to copyright or neighbouring 
rights by virtue of such an agreement as is mentioned 
in subsection (1). 
(3) A licence granted by a prospective owner of 
copyright or neigbouring rights is binding on every 
successor in title to his interest (or prospective interest) 
in the right, 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 to 
doing anything with or without, the licence of the 
owner of copyright or neighbouring rights shall be 
construed accordingly. 
PART VII 
INFRINGEMENT IP/N/lITTO/CIl 
Page 31 
30. For the purposes of this Part, the expressionAction-definitionof 
"action" includep a counterclaim, and reference to the 
plaintiff and to the defendant in an action shall be 
construed accordingly. 
31. (1) Subject to this Act, infringements of rights ofA;ctionbyownerof 
h f· ht . hb . . h h 11 b rIghts for t e owner 0 copyng or nelg ourmg ng ts s a e infringement 
actionable in the Court at the suit of the owner of 
copyright or neighbouring rights; and in any action for 
such an infringement all 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. IPIN/1/TTOIC/1 
Page 32 
Action by exclusive 
licensee for 
infringrnent 
Exercise of 
concurrent rights (2) In an action for infringement of rights in 
respect of the construction of a building, no injunction 
or other order shall be made-
(a) after the construction of the building has 
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. 
32. (1) An exclusive licensee has, except against the 
owner of copyright or neighbouring rights, the same 
rights and remedies in respect of matters occurring 
after the grant of the licence as if the licence had been 
an assignment. 
(2) His rights and remedies are concurrent with 
those of the owner of copyright or neighbouring rights; 
and references in the relevant provisions of this Part to 
the owner of copyright or neighbouring rights shall be 
construed accordingly. 
(3) In an action brought by an exclusive licensee 
by virtue of this section a defendant may avail himself 
of any defence which would have been available to him 
if the action had been brought by the owner of 
copyright or neighbouring rights. 
33. (1) Where an action for infringement of copyright 
or neighbouring rights brought by the owner of 
copyright or neighbouring rights or an exclusive 
licensee relates (wholly or partly) to an infringement in 
respect of which they have concurrent rights of action, 
the owner of copyright or neighbouring rights or, as the 
case may be, the exclusive licensee may not, without 
the leave of the Court, proceed with the action unless 
the other is either joined as a plaintiff or added as a 
defendant. 
(2) An owner of copyright or neighbouring rights 
or exclusive licensee who is added as a defendant in pursuance of subsection (1) is not liable for any costs in 
the action unless he takes part in the proceedings. 
(3) Subsections (1) and (2) do not affect the 
granting of interlocutory relief on an application by an 
owner of copyright or neighbouring rights or exclusive 
licensee alone, 
(4) Where an action for infringement of copyright 
or neighbouring rights is brought which relates (wholly 
or partly) to an infringement in respect df which the 
owner of copyright or neighbouring rights and an 
exclusive licensee have or had concurrent rights of 
action-
(a) the Court may in assessing damages take 
into account-
(i) the terms of the licence; and 
. (ii) any pecuniary remedy already 
awarded or available to either of 
them in respect of the 
infringement; 
(b) no account of profits shall be directed if an 
award of damages has been made, or an 
account of profits has been directed, in 
favour of the other of them in respect of 
the infringement; and 
(c) the Court may, if an account of profits is 
directed, apportion the profits between 
them as the Court considers just, subject 
to any agreement between them, 
and these provisions apply whether or not the owner of 
copyright or neighbouring rights and the exclusive 
licensee are both parties to the action. IP/N/1/TTO/C/l 
Page 33 
34. (1) Copyright in a work is infringed by a person ~e~ndary 
• • mfrmgments who, without the authoTlzatlon of the owner of 
copyright-
(a) possesses in the course of a business; IP/N/lITTOICIl 
Page 34 
(b) sells or lets for hire, or offers or exposes for 
sale or hire; 
(e) in the course of a business exhibits in 
public or distributes; or 
(d) distributes otherwise than in the course of 
a business to such an extent as to affect 
prejudicially the owner of copyright, 
an article, the making of which he knows or has reason 
to believe, constituted an infringement of copyright. 
(2) Copyright in a work is infringed by a person 
who, without the authorization of the owner of 
copyright-
(a) makes; 
(b) imports into Trinidad and Tobago; 
(e) possesses hi the course of a business; or 
(d) sells or lets for hire, or offers or exposes for 
sale or hire, 
an article specifically designed or adapted for making 
copies of that work, knowing or having reason to 
believe that the making of those copies would 
constitute an infringement of copyright. 
(3) Where copyright in a work is infringed. by a 
performance at a place of public entertainment, any 
person who gave permission for that place to be used 
for the performance is also liable for the infringement 
unless when he gave permission he believed on 
reasonable grounds that the performance would not 
infringe copyright. 
(4) In subsection (3), "place of public 
entertainment" includes premises which are occupied 
mainly for other purposes but are from time to time 
made available for hire for the purposes of public 
entertainment. . 
(5) Where copyright in a work is infringed by a 
public performance of the work, or by the playing or showing of the work in public, by means of apparatus 
for showing audiovisual works or receiving visual 
images or sounds conveyed by electronic means, the 
following persons are also liable for the infringement: 
(a) a person who supplied the apparatus, or 
any substantial part of it, if when he 
supplied the apparatus or part-
(i) he knew or had reason to believe 
that the apparatus was'likely to 
be used so as to infringe copyright; 
or 
(H) in the case of apparatus whose 
normal use involves ~ public 
performance or showing, he did 
not believe on reasonable grounds 
that it would not be so used as to 
infringe copyright; 
(b) an occupier of premises who gave 
permission for the apparatus to be brought 
onto the premises, if when he gave 
permission he knew or had reason to 
believe that the apparatus was likely to be 
so used as to infringe copyright; 
(c) a person who supplied a copy of an 
audiovisua~ work used to infringe 
copyright, if when he supplied it he knew 
or had reason to believe that what he 
supplied, or a copy made directly or 
indirectly from it, was likely to be so used 
as to infringe copyright. 
(6) Subsections (1) to (5) shall apply to neighbouring 
rights in performances, sound recordings and 
broadcasts as they apply to copyright in works. IP/N/1/TTO/CIl 
Page 35 IP/N/IITTOIC/1 
Page 36 
Presumption of 35. (1) The natural person or legal entity whose 
authornhipandof • • d' t d th th . h .. 1 ' representation of the name IS In Ica e as e au or In t e ongIna or copIes 
author of a work shall, in the absence of proof to the contrary, 
Presumptions 
relevant to Bound 
recordings, 
audiovisual works 
and computer 
programs be presumed to be the owner of copyright in the work, 
and this provision shall be applicable even if the name 
is a pseudonym, where the pseudonym leaves no doubt 
as to the identity of the author, 
(2) Where no name purporting to be that of the 
author appears on the original or copies of a work but a 
name purporting to be that of a publisher appears on 
copies of the work as first published, the person whose 
name so appears shall be presumed, until the contrary 
is proved, to be the owner of copyright in the work as 
first published. 
(3) If the author of the work is dead or the 
identity of the author cannot be ascertained by 
reasonable inquiry, it shall be presumed, in the absence 
of evidence to the contrary that-
(a) the work is an original work; and 
(b) the plaintiff's allegation as to what was the 
first pUblication of the work is correct. 
36. (1) in proceedings brought by virtue of this Act 
with respect to a sound recording, where copies of the 
recording as issued to the public bear a label or other 
mark stating-
(a) that a named person was the producer of 
the recording at the date of issue of the 
COPIeS; 
(b) that a named person was a performer in 
the recording at the date of issue of the 
copIes; or 
(e) that the recording was fIrst published in a 
specific year or in a specified country, 
the label or mark shall be admissible as evidence of the 
facts stated and shall be presumed to be correct until 
the contrary is proved: (2) In proceedings brought by virtue of this Act 
with respect to an audiovisual work, where copies of 
the audiovisual work as issued to the public bear a 
statement-
(a) that a named person was the author or 
director of the audiovisual work; 
(b) that a named person was the owner of 
copyright in the audiovisual work at the 
date of issue of the copies; or 
(c) that the audiovisual work was first 
published in a specified year or in a 
specified country, 
the statement shall be admissible as evidence of the 
facts stated and shall be presumed to be correct until 
the contrary is proved. 
(3) In proceedings brought by virtue of this Act 
with respect to a computer program, where copies of 
the program are issued to the public in electronic form 
bearing a statement-
(a) that a named person was. the owner of 
copyright in the program at the date of 
issue of the copies; or 
(b) that the program was first published in a 
specified country or that copies of it were 
first issued to the public in electronic form 
in a specified year, 
the statement shall be admissible as evidence of the 
facts stated and shall be presumed to be correct until 
the contrary is proved. 
(4) Subsections (1) to (3) apply equally in 
proceedings relating to an infringement alleged to have 
occurred before the date on which the copies were 
issued to the public. 
(5) In proceedings brought by virtue of this Act 
with respect to an audiovisual work, where the 
audiovisual work as shown in a communication to the 
public bears a statement-IP/NIlITTOICI 1 
Page 37 IP/NIlITTOICI 1 
Page 38 
Presumptions 
relevant to works of 
the State 
Civil remedies for 
infringement (a) that a named person was the author or 
director of the audiovisual work; or 
(b) that a named person was the owner of 
copyright in the audiovisual work 
immediately after it was made, 
the statement shall be admissible as evidence of the 
facts and shall be presumed to he correct until the 
contrary is proved and this presumption applies 
equally in proceedings relating to an infringement 
alleged to have occurred before the date on which the 
audiovisual work was communicated to the public. 
3'7. In proceedings brought by virtue of this Act with 
respect to a work, copyright in which belongs to the 
State, where there appears on printed copies of the 
work a statement of the year in which the work was 
first published commercially, that statement shall be 
admissible as evidence of the fact stated and shall be 
presumed to be correct in the absence of evidence to the 
contrary. 
PART VIII 
CIVIL R&\1EDlES AND CRIMINAL LIABILITY 
38. (1) The Court shall have the aut,~ority-
(a) to grant injunctions to prohibit the 
committing; or continuation of committing, 
of an infringement of any right protected 
under this Act; 
(b) to order the impounding of copies of works 
or sound recordings suspected of being 
made or imported without the 
authorization of the owner of any right 
protected under this Act where the making 
or importation of copies is subject to such 
authorization, as well as the impounding of 
the packaging of, the implements that 
could be. used for the making of, and the documents, accounts or business papers 
referring to, such copies; 
(c) to order the forfeiture and seizure of all 
copies of works or sound recordings 
manufactured, reproduced, distributed, 
sold or otherwise used, intended for use or 
possessed with intent to use in 
contravention of section 8 or 22 and all 
plates, moulds, matrices, masters, tapes, 
film negatives, or other articles by means 
of which such copies of works or sound 
recordings may be reproduced, and all 
electronic, mechanical or other devices for 
manufacturing, reproducing, or assembling 
such copies of works or sound recordings; 
(d) to order that the owner of any right 
protected under this Act whose right has 
been infringed, be paid by the infringer, 
damages adequate to compensate for the 
injury suffered as a consequence of the act 
of infringement, as well as the payment of 
expenses caused by the infringement, 
including legal costs; 
(e) to fix the amount of damages taking into 
account the pecuniary and non-pecuniary 
loss suffered by the owner of the right; 
(f] to order an account of the infringer's 
profits attributable to the infringement; 
(g) where infringing copies exist, to order the 
destruction or other reasonable disposition 
of those copies and their packaging outside 
the channels of commerce in such a 
manner as to avoid harm to the right 
holder, unless the owner of the right 
requests otherwise. IPINI1 ITTO/CI 1 
Page 39 IP/N/lITTO/CIl 
Page 40 
Wide injunction 
available to licensing 
bodies (2) Where the infringer did not know or had no 
reasonable reason to know that he was engaged in 
infringing activity, the Court may limit damages to the 
profits of the infringer attributable to the infringement. 
(3) Where there is a danger that implements 
may be used to commit or continue to commit acts of 
infringement, the Court shall have the authority, 
whenever and to the extent that it is reasonable, to 
order their destruction or other reasonable disposition 
outside the channels of commerce in such a manner as 
to minimize the risks of further infringements, 
including surrender to the owner of the right. 
(4) The Court shall not, in respect of the same 
infringement, both award the owner of rights damages 
and order that he shall be given an account of profits. 
(5). The provisions of subsection .(l)(g) shall not 
be applicable to copies and their packaging which were 
acquired by a third party in good faith. 
(6) Where there is a danger that acts of 
infringement may be continued, the Court shall have 
the authority to order that such acts not be committed 
and the Court shall fix a fine of five thousand dollars 
for each day on which the infringement is continued, 
which fine shall be paid if the order is not respected. 
39. Where, in an action under this Part-
(a) the infringement of copyright or 
neighbouring rights is proved or admitted; 
(b) the plaintiff is a licensing body; and 
(e) the Court, having regard to all material 
circumstances, is satisfied that effective 
relief would not otherwise be available to 
the plaintiff, 
the Court may grant an injunction extending to all the 
protected works, sound recordings, broadcasts or performances, as the case may be, of which the plaintiff 
is the owner of copyright or neighbouring rights, 
notwithstanding that the infringement related to only 
one or some of the said works, sound recordings, 
broadcasts or performances. IP/N/lITTOIC/1 
Page 41 
40. (1) In this section- Withdrawal of "1 d f'!' ". 1· d· privi!e~ against re ate 0 !ence , In re atlOn to any procee lngs incrimination of self 
t h· h b t· (2) 1· or spouse in o W IC su sec IOn app les, mean&- infringement and 
(aj' in the case of proceedings within rela~dproceedings 
subsection (3)(a) or (b)-
(i) any offence committed by 
or in the course of the 
infringement to which 
those proceedings relate; 
or 
Cii) any offence not withIn 
subparagraph (i) com­
mitted in connection with 
that infringement, being 
an offence involving 
fraud or dishonesty; 
(b) in the case of proceedings within 
subsection (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, mean&-
(a) in the case of proceedings within 
su1;>section (3)(a) or (b), any 
penalty incurred in respect of 
anything done or omitted in 
connection with the infringement 
to which those proceec4ngs relate; -
(b) in the case of proceedings within 
subsectio~ (3)( c), any penalty IPlNllITTOIC/1 
Page 42 
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 shall not be excused, by reason that to 
do so should tend to expose that person, or his 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 
(6) from complying with any order made in 
those proceedings. . 
(3) Subsection (2) applies to the following civil 
proceedings in the Court, namely: . 
(a) proceedings for infringement of copyright 
or neighbouring rights; 
(6) proceedings brought to obtain disclosure of 
information relating to any infringement of 
such rights; and 
~) proceedings brought to prevent any 
apprehended infringement 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 
(6) in complying with an order made in any 
such proceedings, 
shall, 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 statement or admission) 
against the spouse of that person. (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 peIjury or contempt of court. 
(6) Any reference in this section to civil 
proceedings in the Court includes a reference to 
proceedings on appeal arising out of those civil 
proceedings.· IP/N/1/TTO/C/l 
Page 43 
41. Cl) A person who commits an infringement of a ?rir~inalliability for 
. ht d d th' A f f't k' infringement rIg protecte un er IS ct or pro 1 -ma lng 
purposes, knowing or having reason to believe that he 
is committing an infringement, commits an offence and 
is liable on summary conviction to a fine of one 
hundred thousand dollars and to imprisonment for ten 
years .. 
. (2) The amount of the fine shall be flXed by the 
Magi.strate, taking into particular account the 
defendant's profits attributable to the infringement. 
(3) The Magistrate shall have the authority to 
increase up to double the penalty specified in 
subsection (1), where the defendant has been convicted 
for a new act of infringement within five years of a 
previous conviction for an infringement. 
(4) The provisions of section 38(1)(b), (c) and (g), 
(3) and (5) shall apply, mutatis mutandis, in criminal 
proceedings, provided that no decision has yet been 
taken on such remedies in a civil proceeding. 
42. Where an offence under this Part committed by a OfTences by bodies 
body corporate is proved to have been committed with corporate 
the consent or connivance of, or to be. attributable to 
any neglect on the part of, any 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 well as the body corporate, is guilty of 
that offence and is liable to be proceeded against and 
punished accordingly. IP /NI lITTOIC/1 
Page 44 
Time limited 
for prosecu tion 
Messures, 
remedies and 
sanctions against 
abuses in respect 
of technical 
means 43. No prosecution for an offence under this Act shall 
be commenced after the expiration of five years after 
the commission of the offence or one year after the 
discovery thereof, whatever date last occurs. 
44. (1) The following acts shall constitute 
infringements of copyright and neighbouring rights: 
(aJ the manufacture or importation for sale or 
rental of any device or means specifically 
designed or adapted to circumvent any 
device or means intended to prevent or 
restrict reproduction of a work or to 
impair the quality of copies made (the 
latter device or means hereinafter referred 
to as "copy-protecticin or copy-management 
device or means"); 
(b) the manufacture or importation for sale 
or rental of any device or means that 
is susceptible to enable or assist the 
reception of an encrypted program, .which 
is broadcast or otherwise communicated to 
the public, including by satellite, by those 
who are not entitled to receive the 
program. 
(2) Section 38 shall apply to an illicit device or 
means mentioned in subsection (1) as it applies to 
infringing copies. 
(3) The owner of copyright in a work shall also 
be entitled to the damages for infringement provided 
for by sections 31(1) and 38(1)(d), where-
(a) authorized copies of the work have been 
made and offered for sale or rental in an 
electronic form combined with a copy­
protection or copy-management device or 
means, and a device or means specifically 
designed or adapted to circumvent the 
said device or means is made or imported 
for sale or. rental; (b) the work is authorized for inclusion in an 
encrypted program broadcast or otherwise 
communicated to the public, including by 
satellite, and a device or means enabling 
or assisting the reception of the program 
by those who are not entitled to receive 
the program is made or imported for sale 
or rental. IP/N/1/TTO/C/1 
Page 45 
45. (1) A police officer not below the rank of Powers of 
Police Officers Inspector, or a police officer below the rank of Inspector 
acting on the authority of a warrant issued under 
subsection (4), may-
(a) enter and search any premises or place; 
(b) stop, board and search any vessel (other 
than a ship of war) or any aircraft (other 
than a military aircraft); 
(c) stop and search any vehicle, 
in which he reasonably suspects that there are 
infringing copies of works, performances, sound 
recordings or broadcasts in which copyright or 
neighbouring rights subsist or any plates, moulds, 
matrices, masters, tapes, film negatives, or other 
articles by means of which such copies of works, 
performances, sound recordings or broadcasts may be 
. reproduced, and all eleCtronic, mechanical or other 
devices for manufacturing, reproducing, or assembling 
such copies of works, performances, sound recordings or 
broadcasts. 
(2) A police officer not below the rank of 
Inspector, or a police officer below the r~nk of Inspector 
acting on the authority of a warrant issued under 
subsection (4), may seize, remove or detain-
(q,) any article which appears to him to be an 
infringing copy of a work, performance, 
sound recording or broadcast in which 
copyright or neighbouring rights subsist or IPINIl/TTO/CIl 
Page 46 
any plate, mould, matrix, master, tape or 
film negative, or other article by means of 
which such copy of a work, performance, 
sound recording or broadcast may be 
reproduced, and any electronic, mech­
anical or other device for manufacturing, 
reproducing, or assembling such copy of a 
work, performance, sound recording or 
broadcast; and 
(b) anything which appears to him'to be or to 
contain evidence of an offence under this 
Act. 
(3) A police officer not below the rank of 
Inspector, or a police officer below the rank of Inspector 
acting on the authority of a warrant issued under 
subsection (4), may-
(a) break open any outer or inner door of any 
place which he is empowered or 
authorized'by this Act to enter and search; 
(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 any 
power conferred on him by this Act; 
(d) 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, arid prevent any person from 
approaching or boarding such vessel or 
aircraft until it has been searched; 
(f) detain any vehicle which he is empowered 
by this Act to stop and search until it has 
been seaJched. (4) A Magistrate may, if he is satisfied by 
information on oath that there is reasonable ground for 
suspecting that there is in any premises, place, vessel 
(other than a ship of war), aircraft (other than a 
military aircraft) or vehicle, any article which may be 
seized, removed or detained under subsection (2), issue 
a warrant authorizing a police officer below the rank of 
Inspector to enter and search the premises, vessel, 
aircraft or vehicle, as the case may be. 
(5) A warrarit issued under subsection (4) may 
authorize any person to accompany the police officer 
executing the warrant. IP /NI lITTOICIl 
Page 47 
46. (1) Without prejudice to any other written law, Obstruction of . h . Police Officers any person w 0-
(a) wilfully obstructs a police officer in the 
exercise of his powers or the performance 
of his duties under this Act; 
(b) wilfully fails to comply with any 
requirement properly made to him by any 
such police officer; or 
(c) without reasonable excuse, fails to give 
such police officer any other assistance 
which he may reasonably require to be 
given for the purpose of exercising his 
powers or performing his duties under this 
Act, 
is liable on summary, conviction to a fine of ten 
thousand dollars and to imprisonment for twelve 
months. 
(2) A person who, when required to give 
information to a police officer in the exercise of his 
powers or the performance of his duties under this Act, 
knowingly gives false or misleading information to any 
such police officer is liable on summary conviction to a 
fine of ten thousand dollars and to imprisonment for 
twelve months. IP/N/1/TTO/CIl 
Page 48 
Power to arrest 
without warrant 
Provision for 
restricting 
importation of 
infringing copies (3) Nothing in this section shall be construed as 
requiring any person to give any information which 
may incriminate him. 
47. A police officer may arrest without a warrant any 
person who-
(a) has committed or attempted to commit; or 
(b) is reasonably suspected of having 
committed or having attempted to commit 
an offence under this Act if-
(i) 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 
(iii) he has reason to believe and 
believes that the name and 
address given by the person are 
false. 
48. (1) The owner of copyright or neighbouring 
rights in any published work or in any published sound 
recording may give notice in writing to the Comptroller 
of Customs and Excise-
(a) that he is the owner of copyright or 
neighbouring rights in the work or sound 
recording; 
(6) that he requests the Comptroller during 
the period specified in the notice to treat 
as pro!libited goods copies of the work or 
sound recording to which this section 
applies, 
but the period specified in a notice under this 
subsection shall not exceed five years and shall not 
extend beyond the end of the period for which the 
copyright or neighbouring rights may subsist. (2) This section applies, in the case of a work or 
sound recording, to any copy made outside Trinidad 
and Tobago which, if it had been made in Trinidad and 
Tobago by the importer, would be an infringing copy of 
the work or sound recording. 
(3) Where a notice has been given under this 
section in respect of a work or sound recording, and 
has not been withdrawn, the importation into Trinidad 
and Tobago, at a time before the end of the period 
specified in the notice, of any copy of the work or sound 
recording to which this .section applies shall, subject to 
the following provisions of this section, be prohibited, 
but this subsection shall not apply to the importation of 
any article by a person for his private and ·domestic use. 
(4) The owner of copyright or neighbouring rights 
in a work who gives notice to the Comptroller under 
this section shall comply with such conditions with 
respect to--
(a) the form of the notice; 
(b) the furnishing of evidence; 
(c) the payment of fees; 
(d) the giving of security; and 
(e) any other incidental or supplementary 
matters,as may be prescribed. 
(5) Notwithstanding anything in the Customs 
Act, a. person shall 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. 
PART IX 
SPECIAL JURISDICTION OF THE COURT IPIN/lITTO/CIl 
Page 49 
49. For the purposes of this Part, the expression Definitions 
"general licence" means a licence extending 
to--
(a) the works of several authors; IP/N/lITTO/CIl 
Page 50 
Jurisdiction 
of Court 
Procedure in 
proceedings 
before the Court (b) the sound recordings or 
audiovisual works of several 
producers; or 
(c) the performances of several 
performers, 
and which does not apply different terms 
and conditions as between the several 
authors, producers or performers, as the 
case maybe; 
"licensing body" means any 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, sound recordings or 
performances either as the owner or 
prospective owner of copyright or 
neighbouring rights therein, or as agent 
for the owners or prospective owners 
thereof. 
50. Subject to this Act, the Court shall have 
jurisdiction-
(a) to determine any dispute which may be 
referred to it pursuant to section 52; 
(b) to fix the amount of equitable 
remuneration or compensation which by 
any provision of this Act is required to be 
fIxed by the Court in any case where there 
has been no agreement between a person 
and the owner of copyright or neighbour­
ing rights as to the amount of remunera­
tion or compensation payable in respect of 
the use of the work, sound recording, 
broadcast or performance. 
51. (1) The procedure regulating the making of 
references and applications to the Court, and 
proceedings before the Court arising out of the jurisdiction conferred on the Court by this Part, and as 
to the fees chargeable in respect of those proceedings 
shall be-prescribed by Rules of Court. 
(2) The 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 amount of any 
costs or expenses to be paid under any such order or 
direct in what mann~r they are to be taxed. 
(3) Where-
(a) the Court makes an order by way of 
determination of a dispute referred to it 
pursuant to section 52, the Court may, in 
its discretion, direct that the order shall 
have effect retroactively to su'ch date as 
the Court specifies; but no order shall 
have effect from a date prior to the date on 
which the dispute was formally referred to 
the Court; 
. (b) the Court fixes an amount of equitable 
remuneration or. compensation pursuant 
to paragraph (b) of section 50, 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. IP/N/lITTO/C/l 
Page 51 
52. (1) Where a dispute arises between any personI?iBpu~with. • hcenslng bodies and a licensing body Wlth respect to-. 
(a) 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 is prepared to grant such a 
licence, 
either that person or the licensing body may refer the 
dispute to the Court. IP/NIlITTOICI 1 
Page 52 
(2) This section applies to a general licence 
authorizing the licensee-
(a) in the case of a work or sound recording, 
to make a reproduction, public display, 
public performance, broadcast or com­
munication to the public of the original or 
copies of the work or sound recording; 
(b) in the case of a performance, to make a 
fIxation or to broadcast or to communicate 
to the public the performance. . 
(3) For the purposes of this section, a licensing 
body shall 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 written request to the licensing 
body for such a licence, to grant a 1icence or to state in 
writing the terms and conditions on which it is 
prepared to grant the licence. 
(4) While an order made by the Court by way of 
determination 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, but except with the special leave 
of the Court-
(a) an order made so as to be in force fo1' not 
more than two years from the date it took 
effect may not be referred back to the 
Court under this subsection; 
(b) an order made so as to be 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. 
Rights of appeal 53. (1) Except as provided for in subsection (2), the 
hearing and determination of any pro.ceedings before 
the Court in the exer~ise of the jurisdiction conferred on it by this Part shall not be challBr:'Jed, appealed. 
against, reviewed, quashed or called in question in any 
Court on any account whatsoever. 
(2) A party to proceedings before the Court by 
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" following rounds, but no other: 
(a) that the 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 Court has been formally 
taken at some time during the progress of 
the matter before the making of the order 
or award; 
(b) that the Court has exceeded its jurisdiction 
in the matter; 
(c) that the order or award has been obtained 
by fraud; 
(d) that any rmding or decision of the Court in 
any matter is erroneous in point of law; or 
(e) that some other specific illegality not 
mentioned above, and substantially 
affecting 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 interfering with the finding or 
decision upon any other question, 
and the Court of Appeal may make such fmal or other 
order as the circumstances of the matter may require. IP /NI lITTOIC/1 
Page 53 IP/NIIITTOICI 1 
Page 54 
Scope of application 
of Act 
Application of Act 
in relation to 
performers, sound 
recordings and 
broadcaste (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 deci<Ied in favour of the appellant. 
PART X 
FINAL PROVISIONS 
54. (1) The provisions of this Act concerning the 
protection of literary and artistic works shall apply to-
(a) works of authors who are nationals or 
residents of, or domiciled in, Trinidad and 
Tobago; 
(b) works first published in Trinidad and 
Tobago, and works first published in 
another country and also published in 
Trinidad and Tobago within thirty days, 
irrespective of the nationality, residence or 
domicile of their authors; 
(c) audiovisual works, the producer of which is 
a national or resident of, or domiciled in, 
Trinidad and Tobago; and 
(d) works of architecture erected in Trinidad 
and Tobago and other artistic works 
incorporated in a building located in 
Trinidad and Tobago. 
(2) The provisions of this Act shall also apply to 
works that are protected in Trinidad and Tobago by 
virtue of and in accordance with any international 
convention or other international agreement to which 
Trinidad and Tobago is party. 
55. (1) The provisions of this Act on the protection of 
performers shall apply to-
(a) performers who are nationals or residents 
of, or domiciled in, Trinidad and Tobago; (b) performers who are not nationals or 
residents of, or domiciled in, Trinidad and 
Tobago but whose performances-
(i) take place in the territory of 
Trinidad and Tobago; 
(ii) are incorporated in sound 
recordings that are protected 
under this Act; or 
(iii) have not been fixed in a sound 
recording but are included in 
broadcasts which qualify for 
protection under this Act. 
(2) The proVisions of this Act on the protection of 
sound recordings shall apply to-
(a) sound recordings, the producers of which 
are nationals or residents of, or domiciled 
in, Trinidad and Tobago; 
(b) sound recordings in respect of which the 
first fixation took place in Trinidad and 
Tobago; and 
(e) sound recordings first published in 
Trinidad and Tobago. 
(3) The provisions of this Act on the protection of 
broadcasts shall apply to-
(ei) broadcasts of broadcasting organizations, 
the headquarters of which are situated in 
Trinidad and Tobago; and 
(b) broadcasts transmitted from transmitters· 
situated in Trinidad and Tobago. 
(4) T~?I'ovisions of this Act shall also apply to 
performers, producers of sound recordings and 
broadcasting organisations protected by virtue of and 
in accordance with any international convention or 
other international agreement to which Trinidad and 
Tobago is party. IPIN/1/TTO/C/1 
Page 55 IP/N/lITTOICIl 
Page 56 
Act No. 13 of 1985 56. The Copyright Act 1985, is repealed. 
repealed 
Regulations 57. Except for the matters required to be prescribed 
by Rules of Court for the purposes of Part IX, the 
Minister may make regulations prescribing such 
matters a~ are required or permitted by this Act to be 
prescribed or as are necessary or convenient to be 
prescribed for carrying out or giving effect to the 
provisi~ns of this Act. 
Savings 58. (1) Nothing in this Act shall affect the operation 
of any rule of equity relating to breaches of trust or 
confidence or the provisions of the Protection Against 
Act No. 27 of1996 Unfair Competition Act, 1996: 
(2) Nothing in this Act affects the right of the 
State, or any person deriving title from the State, to 
sell, use or otherwise deal with articles so seized, 
Chsp.78:01 impounded or forfeited under the Customs Act, 
including any article forfeited by virtue of this Act or 
any other written law. 
Passed in the Senate this 25th day of February, 1997. 
N. COX 
Clerk of the Senate 
IT IS HEREBY CERTIFIED that this Act is one the Bill for 
which has been passed by the Senate and at the final 
vote thereon in the Senate has been supported by the 
votes of not less than three-fifths of all the members of 
the Senate, that is to say by the votes of 28 
Senators. 
N. COX 
Clerk of the Senate 
Passed in the House of Representatives this 11th day 
of April, 1997. 
J. SAMPSON 
Clerk of the House IP/N/1/TTO/C/l 
Page 57 
IT IS HEREBY CERTIFIED that this Act is one the Bill for 
which has been passed by the House of Representatives 
and at the final vote there on in the House has been 
supported by the votes of not less th!ln three-flfths of 
all members of the House that is to say by the votes of 
28 members of the House. 
J. SAMPSON 
Clerk of the House 
House of Representatives amendment agr,eed to by 
the Senate this 15th day of April, 1997. 
N. COX 
Clerk of the Senate 