WORLD TRADE ORGANIZATION 
ORGANISATION MONDIALE DU COMMERCE 
ORGANIZACION MUNDIAL DEL COMERCIO 
Council for Trade-Related Aspects of 
Intellectual Property Rights IP /N/l/BLZ/CIl 
13 June 2000 
(00-2340) 
Original: English/ 
anglais/ 
inglés 
MAIN DEDICATED INTELLECTUAL PROPERTY 
LA WS AND REGULATIONS NOTIFIED UNDER 
ARTICLE 63.2 OF THE AGREEMENT 
BELIZE 
The present document reproduces the text! of the Copyright Bill, 2000, as notified by Belize 
under Article 63.2 of the Agreement (see document IPIN/l/BLZ/l). 
Conseil des aspects des droits de propriété 
intellectuelle qui touchent au commerce 
PRINCIPALES LOIS ET RÉGLEMENTATIONS CONSACRÉES À LA 
PROPRIÉTÉ INTELLECTUELLE NOTIFIÉES AU TITRE 
DE L'ARTICLE 63:2 DE L'ACCORD 
BELIZE 
Le présent document contient le texte! du projet de loi sur le droit d'auteur, de 2000, notifié 
par le Belize au titre de l'article 63:2 de l'Accord (voir le document IPIN/l/BLZ/l). 
Consejo de los Aspectos de los Derechos de Propiedad 
Intelectual relacionados con el Comercio 
PRINCIPALES LEYES y REGLAMENTOS DEDICADOS A LA 
PROPIEDAD INTELECTUAL NOTIFICADOS EN VIRTUD 
DEL pARRAFO 2 DEL ARTicULO 63 DEL ACUERDO 
BELICE 
En el presente documento se reproduce el texto! de la Ley de Derecho de Autor, 2000, que 
Belice ha notificado en virtud deI parrafo 2 deI articulo 63 del Acuerdo (véase el 
documento IPIN/l/BLZ/l). 
1 In English only./En anglais seulement./En inglés solamente. IPIN/lIBLZ/C/l 
Page 2 
BELIZE: 
1. Short title. 
2. Commencement. 
3. Interpretation. COPYRIGHT BILL, 2000 
ARRANGEMENT OF CLAUSES 
PARTI 
PRELIMINARY 
4. Act binding on State. 
5. Publication. 
6. Lawful reception on encrypted broadcasts. 
PART II 
COPYRIGHT 
Protected \Vorks 
7. Categories of protected works. 
8. Qualification for copyright protection. 
9. Nature of copyright. -economic rights 
Duration of Copyright Protection 
10. Duration of copyright in literary, etc. works. 
1 J. Duration of copyright in sound recordings and films. 
12. Duration of copyright in broadcJSiS and cable programmes. 
13. Duration of copyright in typographical arrangements of editions. 
PART III 
MORAL RIGHTS AND RELATED RIGHTS 
Identification with Work 
14. Moral Rights. 
15. Right to be identified as author, etc. Objection to Treatment of Work 
16. Right to object to derogatory treatmènt of work. 
Related Rights 
17. False attribution of work. 
1'8. Right to privacy -commissioned photographs and films. 
Supplementary 
19. Duration of moral rights and related rights. 
20. Consent and waiver of rights. 
21. Application of provisions to joint works. 
22. Application of provisions to part of work. 
23. Meaning of commercial publication. 
24. Regulations. 
PART IV 
OWNERSHIP AND ASSIGNMENT OF RIGHTS 
Ownership of Copyright 
25. Ownership of copyright. 
Assingment of Copyright 
26. Assignments and licences. 
27. Meaning of copyright owner. 
28. Prospective owner of copyright. 
29. Copyright in unpublished works passes under will. 
30. Moral rights, etc. not assignable .. 
31. Transmission of moral rights, etc. on death. 
PART V 
INFRINGEMENTS OF RIGHTS 
Economic rights 
32. Action -definition of. 
33. Infringement. IP/N/l/BLZ/C/l 
Page 3 IP/N/lIBLZ/C/l 
Page 4 
34. Proprietor of place of public entertainment liable for infringement. 
35. Infringement by providing apparatus in public, etc. for giving infringing 
performances. 
Remedies for Infringement of Economic Rights 
36. Action by owner of copyright for infringement. 
37. Order for delivery up in civil proceedings. 
38. Right to seize infringing copies, etc. 
39. Wide injunction available to li'censing bodies. 
40. Proceedings in case of copyright subject to exclusive licence. 
Moral and Relnted Rights 
41. Infringement of right to be identified as author or director. 
42. Infringement of right to object to derogatory treatment of work. 
43. Infringement of possession of infringing article. 
44. False attribution ofwork; infringement. 
45. lnfringement of privacy right respecting photographs, etc. 
Remedies for Infringement of Moral Rights and Related Rights 
46. Remedies for infringing moral rights, etc. 
Presumptions 
47. Presumptions as to subsistence and ownership of copyright 
48. Presumption in relation to authorship ofprotected works; ownership; 
originality; publication. 
49. Presumptions where action relates to sound recordings, films, and 
computer programmes. 
50. Withdrawal of privilege against incrimination of self or spouse in 
infringement and related proceedings. 
51. Provision for restricting importation of infringing copies. 
Offences 
52. Penalties in respect of dealings which infringe copyright. 
53. Presumptions not to apply. 
54. Order to deliver up in criminal proceedings. PART VI IPINII/BLZ/C/1 
Page 5 
EXCEPTIONS TO INFRINGEMENT OF COPYRIGHT 
PreJiminary 
55. Definitions. 
General Exceptions 
56. Research and private study. 
57. Criticism, review and reporting. 
58. Determining fair dealing. 
59. IncidentaI inclusion of protected work. 
Use of Work for Educational Purposes 
60. Acts done for purposes of instruction or examination. 
61. Anthologies for educational use. 
62. Performing, playing or showing works in course of activities of 
educational establishment. 
63. Recording of broadcasts, etc. at educational establishments. 
64. Restriction on reprographie copyright from published works. 
65. Subsequent dealings with authorised copies. 
Exceptions afTecting Libraries and Archives 
66. Interpretation of references; regulations. 
67. Supply by librarian of copies of published work. 
68. Supply of copies to other libraries. 
69. Replacing copies of works. 
70. Copying ofunpublishcd work. 
Exceptions Relating toPublic Administration 
71. Parliamentary and judicial proceedings and statutory inquiries. 
72. Public records. 
Designs 
73. Design documents and modeIs. 
74. Where design derived from artistic work is exploited. IP/N/l/BLZ/C/1 
Page 6 
Exception Relating to Works in Electronic Form 
75. Transfer ofworks in electronic form. 
Miscellaneous Exceptions relating to Literary, Dramatic, Musical 
and Artistic Works 
76. Statutory licences; recordings for broadcasting. 
77. Reading or recitation in public. 
78. Representation of artistic works on public display. 
79. Reconstruction of buildings. 
80. Subsequent work by same artist. 
Miscellaneolls Exceptions Respecting Broadcasts 
81. Recording broadcasts for programme supervision. 
82. Recording for purposes of time shifting. 
83. Provision of subtitled copies of broadcast or cable programme. 
Adaptations 
84. Adaptations. 
Prescribed Exceptions 
85. Power ofMinister to prescribe exceptions ta infringement. 
PART VII 
COPYRIGHT LICENSING 
Licensing schemes and licensing bodies 
86. Jurisdiction of Supreme Court. 
87. Procedure in proceedings before Supreme Court. 
88. Licensing schemes and licensing bodies. 
References and applications with respect to Jicensing schemes 
89. Licensing schemes to which ss. 90 to 95 apply. 
90. Reference of proposed licensing scheme to Supreme Court. 91. Reference of existing licensing scheme to Supreme Court. 
92. Further reference to Supreme Court. IPIN/lIBLZ/CIl 
Page 7 
93. Application for grant oflicence in connection with licensing sch.eme. 
94. Application for review of order as to entitlement to licence. 
95. Effect of order of Court as to licensing scheme. 
References and applications with respect to individual licensing by 
licensing bodies 
96. Licences to which ss. 97 to 100 apply. 
97. Reference to Supreme Court of proposed licence. 
98. Reference to Supreme Court of expiring licence. 
99. Application for review of order as to licence. 
100. Effect of order of Supreme Court as to licence. 
Factors to be taken into account in certain classes of case 
101. General considerations: unreasonable discrimination. 
102. Licences for reprographie copying. 
103. Licences for educational establishments in respect ofworks included 
in broadcasts or cable programmes. 
104. Licences to reflect conditions imposed by promoters of events. 
105. Licences to payments in respect ofunderlying rights .. 
106. Mention of the specifie 'matters not toexclude other relevant 
considerations. 
PART VIII 
RIGHTS IN PERFORMANCES 
107. Conferment of rights in performances. 
Performers' Rights 
108. Consent required for recording or live transmission of performance. 
109. Infringement ofperformer's rights by use ofrecording made without 
consent. 
110. Consent and royalty required for adaptation of recording. 
111. Infringement of performer's rights by importing, possessing, etc. 
illicit recording. IPIN/lIBLZ/C/1 
Page 8 
Rights of Person having Recording Rights 
112. Consent required for recording of performance subject to exclusive 
contract. 
113. Infringement of recording rights by use of recording made without 
consents. 
114. Infringement of recording rights by importing, possessing illicit 
recording. 
Duration and Transmission of Rights in Performances: Consent 
115. Duration of rights in performances. 
116. Transmission of rights in performances. 
117. Consent. 
Remedies for Infringement of Rights in Performances 
118. lnfringement actionable as breach of statutory dut y . 
119. Order for delivery up of illicit recording in court proceedings. 
120. Rights to seize illicit recordings. 
Orrences in Relation to Performances 
121. Criminalliability for making, dealing with or using illicit recordings. 
122. Order for delivery up of illicit recording in criminal proceedings. 
123. False representation of authority to give consent. 
Exceptions to Jnfringement of Rights Conferred under this Part 
124. Fair dealing for criticism, etc. 
125. lncidental inclusion of performance or recordings. 
126. Acts done to recording of performance for purposes of instruction, 
etc. 
127. Recording of broadcasting and cable programmes by educational 
establishments. 
128. Acts done to performance or recording for Parliamentary proceedings, 
etc. 
129. Transfer of recording of performance in electronic form. 
130. Use of recordings of spoken words. 
131. lncidental recording for purposes ofbroadcast or cable programme. IP/N/l/BLZ/C/l 
Page 9 
132. Recordings for supervision and control of programmes permitted. 
133. Order excepting acts from infringing rights under this Part. 
134. Court may consent on behalf of performer. 
PART IX 
GENERAL 
SuppJementary provisions 
135. Order for disposaI ofinfringing copy or illicit recording. 
136. Period after which remedy of delivery up not available. 
137. Time limited for prosecution. 
138. Powers of police officers. 
139. Restrictions on the entry and search of domestic premises. 
140. Obstruction of police officers. 
141. Offences by bodies corporate. 
142. Power to make Regulations. 
PART X 
INTERNATIONAL RELATIONS 
143. Power to apply provisions of Act to other countries. 
144. International organisations. 
145. Deniai of copyright or rights in performances. 
PART XI 
REPEALS, SA VINGS, TRANSITION 
146. Repeals. 
147. Savings. 
148. Copyright subsists only under Act. 
149. Enforcement of copyright subject to public interest. 
150. Transitional. IPIN/lIBLZ/CIl 
Page 10 
BELIZE: 
BILL 
for 
AN ACT to make a comprehensive copyright law for 
Belize; to afford better protection for Iiterary, 
dramatic, musical, artistic and other works and 
creative products; to make provision as to the rights 
ofperformers and others in performances; to repeal 
the Copyright Act, Chapter 198 of the Laws of 
Belize, Revised Edition 1980-90; to repeal the 
Copyright Act, 1956 of the United Kingdom in so 
far as it has effect as part of the law of Belize; and 
to provide for matters connected therewith or 
incidental thereto. 
(Gazetted l8tll March, 2000.) 
BE 1T ENACTED, by and wÎth the advice and consent 
of the House of Representatives and the Senate of 
Belize and by the authority of the sanze, as follows:-
PART 1 
PRELIMINARY 
1. This Act may be cited as the 
COPYRIGHT ACT, 2000 Short title. Commencement. 
Interpretation. IPIN/l/BLZ/C/l 
Page Il 
2. This Act shaH come into force on a day to be 
appointed by the Minister by Order published in the Gazette; 
and different days may be appointed for different provisions 
and different purposes. 
3. (1) For the purposes ofthis Act, unIes:; the context 
otherwise requires:-
"adaptation" means -
(a) in relation to a computer programme, a 
version of the programme in which it is 
converted into or out of a computer 
language or code, or into a different 
language or code otherwise than 
incidentally in the course of running the 
programme; 
(h) in relation to a literary work in a non­
dramatic [orm, a version of the work 
(whether in its original language or in a 
different language) in a dramatic form; 
(c) in relation to a literary work in a dra,matic 
[orm, a version of the work (whether in its 
original language or in a different language) 
in a non-dramatic form; 
(d) in relation to a literary work (wh ether in 
a non-dramatic farm or in a dramatic farm)-
(i) a translation of the work; or 
(U) a version of the work in which the 
story or aètion is conveyed solely or 
principally by means of pictures in a 
form suitable for reproduction in a 
book or in a newspaper, magazine or 
similar periodical; and IPIN/lIBLZ/C/l 
Page 12 
(e) in relation to a musical work, an 
arrangement or transcription of the work; 
"article" in the context of an article in a periodical, 
includes an item of any description; 
"artistic work" means -
(a) a graphie work, photograph, sculpture or 
collage, irrespective of artistic quality; 
(h) a work of architecture being a building or 
a model ofa building, irrespective ofartistic 
quality; or 
(c) a work of artistic craftsmanship to which 
neither paragraph (a) nor paragraph (b) 
appIies; 
"author" means the person who creates a work, 
being -
(a) in relation to a literary.or dramatic work, 
the author of the work; 
(h) in relation to a musical work, the composer; 
(c) in relation to an artistic work other th an 
a photograph, the artist; 
(d) in relation to a photograph, the persan 
taking the photograph; 
and, where the context requires, shaH be taken to 
be in relation ta -
(e) a sound recording or film, the person by 
whom the arrangements necessary for the 
making of the recording or film are 
undertaken; IP/N/l/BLZ/C/1 
Page 13 
(f) the typographical arrangement of a 
j:>ublished edition, the publisher; 
(g) a broadcast, the person making the 
broadcast as described in section 6(2) or, 
in the case of a broadcast which reJays 
another broadcast by reception and 
immediate re-transmission, the person 
making that other broadcast; 
(h) a cable programme, the person providing 
the cable programme service in which the 
programme is included; 
(i) a computer-generated literary, dramatic, 
musical or artistic work, the person by 
whom the arrangements necessary for the 
creation of the work are undertaken; 
"a broadcast" means a transmission by wireless 
telegraphy of visual images, sounds or other 
information which -
(a) having regard to section 6, is capable of 
being lawfully received by members of the 
public; or 
(b) is transmitted for presentation to members 
of the public; 
lOto broadcast" means to transmit, by the emission 
of electromagnetic 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 IPIN/1/BLZ/C/1 
Page 14 
or sounds may be carried on a path provided 
by a material substance; 
(h) the public receiving, or capableofreceiving, 
the images and sounds is in 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 only that 
r,nembers ofthe public could, ifin possession 
of suitable apparatus, receive them; 
and "broadcasting" and "re-broadcasting" have 
corresponding meanings; 
"building" includcs any fixed structure of any kind 
and a part of a building or fixed structure; 
"business" includes a trade or profession; 
"cable programme" mcans any item included in a 
cable programme service, and any refercnce in this 
Act -
(a) ta the inclusion of a cable programme or 
work in a cable programme service is a 
reference to its transmission as part of the 
service; and 
(h) to the person including ii is a reference to 
the person providing the service; 
"cable programme service" means a service which 
consists wholly or mainly in sending visu al images, 
sounds or other information, irrespective of the 
form in which the images, sounds or information are 
represented, by rneans of a telecornrnunications 
system, otherwise than by wireless telegraphy, for 
reception -IPINI1 lB LZ/C/1 
Page 15 
(a) at two or more places (whether for 
simultaneous reception or ~t different times 
in response to requests by different users); 
or 
(b) for presentation to members of the public, 
and which is not, or to the extent that it is no t, 
excepted by Regulations made under this Act; 
"colfective work" means -
(a) a work of joint authorship, or 
(h) a work in which there are distinct 
contributions by different authors or in 
which works or parts ofworks of different 
authors are incorporated; 
"computer-generated work" means a work generated 
by a computer in circumstances such that the work 
has no human author; 
"computer programme" 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 -
(a) a work that is a literary, dramatic, musical 
or artistic work, means a reproduction of 
a work in any material form, and, in respect 
ofan artistic work, includes a reproduction 
in three-dimensions, if the artistic work is IP/N/1/BLZ/C/l 
Page 16 
a two-dimensional work and a reproduction 
in two dimensions if the artistic work is a 
three-dimensional work; and, in respect of 
a literary, dramatic or musical work, 
incIudes a reproduction in the form of a 
record or film; 
(h) a work that is a film, television broadcast 
or cable programme, includes a photograph 
of the whole or any substantial part of any 
image forming part of the film, broadcast 
or cable programme; 
(c) a work that is a typographical arrangement 
of a published edition, means a facsimile 
copy of the arrangement; and 
(d) any category ofwork includes any copy of 
the work, however made and in whatever 
medium, that is transient or is incidental 
to some other use of the work; 
and references to the "copying" ofa work ofany 
description shall be construed to include a 
reference to storing the work in any medium by 
electronic means; 
"copyright" means copyright subsisting under Part 
Il of this Act; 
"country" includes any territory; 
"distribution" means the distribution to the public, 
for commercial purposes, of copies of a work by 
way ofrental, lease, hire, loan or similar arrangement 
and "distributing" has a corresponding meaning; 
"dramatic work" includes -IPIN/lIBLZ/C/1 
Page 17 
(a) a choreographic show or entertainment in 
dumb show; and 
(b) a scenario or script for a film but does not 
include a film as distinct from the scenario 
or script; 
"drawing" inc1udes a diagram, map, chart or plan; 
"educational establishment" means any school, 
college or other educational body designated, either 
individually or by reference to a cJass, for the purposes 
of this Act by the Minister by Order published in 
the Gazette; 
"engraving" includes an etching, lithograph, product 
of photogravure, woodcut, print or similar work, 
not being a photograph; 
"exclusive recording contract" means a contract 
between a performer and another person under 
which that person is entitled, to the exclusion of ail 
other persons, including the performer, to make 
recordings of one or more of the performer's 
performances with a view to their being sold or let 
for hire, or shown or played in public, or otherwise 
commercially exploited; 
"film" means a.recording on any medium from which 
a moving image may by any means be produced; 
"future copyright" means copyright which will or 
may come into existence in respect of any future 
work or cJass of works or on the coming into 
operation of this Act, or on the occurrence of any 
other future event, and "prospective owner" shaH 
be construed accordingly and, in relation to any such 
copyright, includes a person prospectively entitled 
thereto by virtue of su ch an agreement as is mentioned 
in section 28 (1); IP/N/1/BLZ/C/1 
Page 18 
"graphie work" includes -
(a) any painting, drawing, diagram, map, ehart 
or plan, and 
(h) any engraving, etehing, lithograph, 
wood eut or similar work; 
"illieit recording" means -
(a) for the purposes of a performer's rights, a 
recording wherever made, of the who1e or 
a substantial part of a performance of hi s, 
if it is made, otherwise than for private 
purposes, without his consent; 
(h) for the purposes of the rights of a person 
having recording rights under an exclusive 
recording contract, a recording wherever 
made, of the whole or any substantial part 
of a performance subject to the exclusive 
recording contract, ifit is made, otherwise 
than for private purposes, without his 
consent or that of the performer; 
(c) for the purposes of any offence under this 
Act, a recording which is an illicit recording 
by virtue of either pa agraphs (a) or (b) 
of this definition; 
"infringing copy" in relation to a protected \vork 
means -
(a) any copy of the work, the making ohvhich 
constitutes an infringement ofthe copyright 
in the work; 
(b) any copy of the work that is or is proposed 
to be imported into Belize and its making CAP. 4. IP/NIl/BLZ/C/1 
Page 19 
in Belize would have constituted an 
infringement of the copyright in the work 
or a breach of an exclusive agreement 
relating to that work; 
"literarywork" means anywork, otherthan a dramatic 
or musical work, which is written, spoken or sung, 
and accordingiy incJudes -
(a) a written table or compilation; 
(b) a computer program; 
"manuscript" in relation to a work, means the original 
document embodying the work whether written by 
hand or not; 
"musical work" means a work consisting of muslc, 
exclusive of any words, or action intended to be 
sung, spoken or performed with the music; 
"Minister" means the Minister to whom subject of 
copyright is assigned by the Governor-General 
pursuant to section 41 of the Belize Constitution; 
"performer" means any actor, singer, musician, 
dancer or other person who acts, sings, depiçbs 
delivers, declaims, plays in or otherwise performs 
a literary, dramatic, musical or artistic work; and 
references to the performer in the context of the 
person having performer's rights to shall be read and 
construed to include references to the person who, 
pursuant to any provision ofthis Act, is for the time 
being entitled to exercise those righ~s; 
"performance" in relation to -
(a) copyright in a protected work includes -IP/N/lIBLZ/C/l 
Page 20 
(i) delivery in the case of lectures, 
addresses, speeches and sermons; and 
(U) any mode of visual or acoustic 
presentation, including presentation 
by means of a sound recording, film, 
broadcast or cable programme, of the 
work; 
(h) the rights conferred under Part VIII, means-
(i) a dramatic performance which 
includes dance and mime; 
(ii) a musical performance; or 
(iii) a reading or recitation of a literary 
work; 
(il~ a performance of a variety act or any 
similar presentation, 
which is, or ta the extent that it is, a live 
performance given by one or more individuals; 
"persan having recording rights" in relation ta a 
performance (as defined in paragraph (h) of the 
definition ofthat expression in this section) means 
a person who, being a qualified person -
(a) is either a party to and has the benefit of 
an exclusive recording contract to which 
the performance is subject or is a persan 
to whoIn the benefit of such a contract has 
been assigned; or 
(h) is licensed to make recordings of the 
performance with a view ta their being sold IP/N/IIBLZ/C/1 
Page 21 
or let for hire or shown or played in public, 
by a person who is within the definition in 
paragraph (a) but is not a qualified person; 
"photograph" means a recording of light or other 
radiation on any medium on which an image is 
produced or [rom which an image may by any means 
be produced, and which is not part of a film; 
"place ofpublic entertainment" inc\udes any premises 
which are from time ta time made available for h im 
to su ch persans as may desire ta hire them for 
purposes ofpublic entertainment, including premises 
that are accu pied mainly for other purposes; 
"police officer" includes any member of the Police 
Department; 
"prospective owner" has the meaning asslgned to 
it in the definition of "future copyright"; 
"publication" has the meaning assigned to it ln 
section 5 of this Act; 
"published commercially" has the meaning assigned 
to it in section 23 of this Act; 
"publishéd edition" in the context of copyright in 
the typographie arrangement ofa published edition, 
means a published edition of the whole or any part 
of one or more literary, dramatic, musical or artistic 
works; 
"qualified persan" -
(a) in the case of an individual, means a persan 
who is a citizen of Belize or whose habitual 
residence is in Belize; and IP/N/1/BLZ/C/1 
Page 22 
(h) in the case of a body corporate, means a 
body incorporated or established under 
any written law of Belize; 
"qualitying performance" means a performance that-
(a) is given by an individual who is a qualified 
persan; or 
(h) takes place in Belize or a specified country; 
"record" meâns any dise, tape, perforated roll or 
other deviee in which sounds are embodied sa as 
to be capable ofbeing reprodueed therefrom, other 
than a sound-track associated with a film, but 
inc111des, in relation to a performance, a film 
incorporating the performance; 
"recording", in relation to a performance, means a 
film or sound recording -
(a) made directly from the live performance; 
(h) made from a broadcast of, or cab le 
programme inclllding, the performance; or 
(c) made, directly or indirectly, from another 
recording of the performance; 
"rentaI" means any arrangement under which a copy 
of a work is made available -
(a) for payment (in money or money's worth); 
or 
(h) in the course of a business, as part of 
services or for amenities forwhich payment 
is made, 
on terms that it will or may be returned; IP/N/IIBLZ/C/l 
Page 23 
"reprographie process" means a process, as more 
fully described in section 55 below:-
(a) for making facsimile copies; or 
(b) involving the use of and appliance for 
rnaking multiple copies, 
and, in relation to a work held in electronic form, 
includes any copying by electronic means, but éioes 
not inc1ude the making ofa film or sound recording 
"sculpture" incJudes a cast or model made for 
purposes of sculpture; 
"sound recording" means -
(a) a recording of sounds from which the 
sounds may be reproduced; or 
(b) a recording of the whole or any part of a 
literary, dramatic or musical work from 
which sounds reproducing the \York or 
part thereof may be produced, 
regardless of the medium on which the recording 
is made or the method by which the sounds are 
reproduced or produced; 
"specified country" means a country specified by the 
Minister by Order published in the Gazette pursuant 
to section 143; 
"unauthorized" \vhen used to describe any act done 
in relation to a work, means:-
(a) if copyright subsists in the work, done 
otherwise than by or with the licence of 
the owner of the copyright; IPIN/lIBLZ/CIl 
Page 24 
(h) if copyright does not sllbsist in the work, 
donc otherwise than by or with the licence 
of the allthor or person lawfully clairning 
llnder him; 
"wireless telegraphy" rncans the ernitting or receiving, 
otherwise than over a path tllat is provided by a 
material substance, of electro-magnetic energy 
transmitting visual images or sounds, or both; 
"work" mtétr1S -. 
(a) a literary, dramatic, musical or aI1ist ie work; 
(h) Cl sound rccording, film, broadcast or cable 
programme; 
(c) the typographical arrangement ofa published 
ec1ition, 
and accordillgly "protected work" means a work of 
any of such categories in which copyright subsists 
by virtuc of this Act; 
"work of joint authorship" means a work produced 
by the collaboration oftwo 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 fOim of notation, whether by 
hand or by printing, typewriting or any other process 
and regardless of the method by which or the medium 
in or on which it is recorded, and "written" shall 
be construed accordingly. 
(2) References in this Act to the time at which, or 
the period during which, a work was made are references 
to the time or period at or during which it was first writt~n 
down, recorded or expressed in sorne other material form. l\Iaking of 
work­
duralion. Act blndlng on 
State. 
Pu bUcation. IPINIl/BLZ/C/l 
Page 25 
4. This Actis binding on the State but nothing in this 
Act shaH render the State liable to prosecution. 
5. (1) In this Act "publication", in relation to a work-
(a) means the issue ofcopies to the public; and 
(h) includes, in the case ofa literary, dramatic, 
musical or artistic work, making it available 
to the public by means of an electronic 
retrieval system, 
and all related expressIOns shall be construed 
accordingly. 
(2) In the case of a work of architecture in the form 
ofa building, or an artistic work incorporated in a building, 
construction of the building shall be treated as equivalent 
to publication of the work. 
(3) The following does not constitute publication 
for the purposes of this Act -
(a) in the case ofa literary, dramatic or musical 
work -
(i) the performance of the work, or 
(U) the broadcasting of the work or its 
inclusion in a cable programme service 
(otherwise than for the purposes of 
an electronic retrieval system); 
(h) in the case of an artistic work -
(i) the exhibition of the work, or 
(U) the issue to the public of copies of 
a graphie work representing, or of 
photographs of, a work ofarchitecture IPIN/1/BLZ/C/l 
Page 26 
in the form of a building or a model 
for a building, a sculpture or a work 
of artistic craftsmanship, 
(iii) the issue to the public of copies of 
a film including the work; or 
(iv) the broadcasting of the work or its 
inclusion in a cable programme service 
(otherwise than for the purposes of 
'an electronic retrieval system); 
(c) in the case of a sound recording or film -
(i) the work being played or shawn in 
public, or 
(ii) the broadcasting of the work or its 
inclusion in a cable programme 
servIce. 
(4) A publication that is merely colourable and is 
not intended ta 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 may constitute an offence under this Act. 
(5) For the purposes of this Act, a publication in 
fdize or in any other country shall not be treated as being 
other than the first publication by reason only of an earlier 
publication elsewhere, if the two publications ta ok place 
within a period of not more th an thirty days. 
(6) In determining, for the purposes ofany provision 
of this Act -
(a) whether a work has been published; 
(h) whether a publication of a work was the 
first publication of the work; or Lawful 
reception of 
encrypted 
broadcasls. IPINIl/BLZ/CIl 
Page 27 
(c) whether a work was published or otherwise 
. dealt with in the lifetime of a person, 
any unauthorised publication or the doing of any 
other unauthorised act shall be disregarded. 
(7) A publication or other act shall for the purposes 
of subsection (6), be taken to hav.e been unauthorised if, 
but only if -
(a) copyright subsisted in the work and the <tc.t 
concerned was done otherwise than by, or 
with the licence of the owner of the 
copyright; or 
(h) copyright did not subsist in t:1e work and 
the act concerned was done otherwise than 
by, or with the licence of -
(i) the author; or 
(ii) persons lawfully c1aiming under the 
author. 
(8) Nothing in either subsection (6) or subsection 
(7) affects any provisions of this Act relating to the acts 
comprised in copyright or to acts constituting infringement 
of copyright or offences under this Act. 
6. (1) In relation to the broadcast of a work, an 
encrypted transmission shall be regarded as capable of 
being lawfully received by members of the public only if 
decoding equipment has been lawfully made available to 
members of the public by or with the authority of the person 
making the transmission or the person providing the contents 
of the transmission. IP/N/lIBLZ/C/l 
Page 28 
(2) References in this Act to the person making a 
broadcast, broadcasting a work or including a work in a 
broadcast are references -
(a) to the person transmitting the programme, 
to the extent that he has responsibility for 
its contents; and 
(h) to any person providing the programme 
who makes with the person transmitting it, 
the arrangements necessary for its 
transmission, 
and references in this Act to a programme, in the 
context of broadcasting, are to any item included 
in a broadcast. 
PART II 
COPYRIGHT 
Protected Works 
7. (1) Subject to this section, the categories of works 
in which copyright under this Act may subsist are: 
(a) original literary, dramatic, ,nusical or 
artistic works; 
(h) sound recordings, films, broadcasts or cable 
programmes; 
(c) typographical arrangements of published 
editions. 
(2) A literary, dramatic or musical work shall not 
be eligible for copyright protection unless it is \vritten 
down, recorded or otherwise fixed in a material form; and 
the storage of the work in a computer shall be regarded 
as a recording of the work in a material form, Categories of 
pl'otectcd 
wOl'ks, Qualification 
for copyright 
protection. IPINI1/BLZ/CI1 
Page 29 
(3) It is immaterial for the purposes of subsection 
(2) whether the work is recorded by or with the permission . 
of the author. 
(4) Copyright may subsist in a work notwithstanding 
that the making of the work involved an infringement of 
copyright subsisting in sorne other work or of the rights 
in a performance. 
8. (1) A literary, dramatic, musical orartistic work or, 
subject to subsection (2), a typographical arrangement of 
a published edition, qualifies for copyright protection if-
(a) the author thereof was a qualified person 
at the time at which the work was made 
or, if the making ofthe 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, having regard to section 5, the first 
publication took place in Belize or in 
a specified country; or 
(U) if the author was a qualified person 
at the time at which the work was first 
published; or 
(iii) if the author had died before 
publication but was a qualified person 
immediately before his death; or 
(c) in the case of an artistic work which is a 
building or is incorporated in a building, 
if the building is erected in Belize or in a 
specified country. IP/N/lIBLZ/C/1 
Page 30 
(2) Copyright shaH not subsist in the typographical 
arrangement of a published edition if, or to the extent that, 
it reproduces the typographical arrangement of a previous 
edition. 
(3) A sound recording or film qualifies for copyright 
protection if-
(a) the maker thereof was a qualified person 
for tpe whole or a substantial part of the 
period during which the sound recording 
or film was made; or 
(h) having regard to section 5, if the sound 
recording or film has been published and 
the first publication took place in Belize 
or in a specified country. 
(4) Copyright does not subsist in a sound recording 
or film which is, or to the extent that it is, a copy taken 
from a previous sound recording or film. 
(5) (a) A broadcast qualifies for copyright protection 
if it is made in Belize by a transmitting station in respect 
of which there is a valid licence granted under the 
Broadcasting and Television Act or in a specified country CAP.187A. 
in accordance with'any law in force regulating the making 
of broadcasts. 
(h) Copyright does not subsist in a broadcast 
which infringes, or to the extent that it infringes, the 
copyright in another broadcast or in a cable programme. 
(6) A cable programme qualifies for copyright 
protection ifit is sent from a place in Belize or in a specified 
country in accordance with any law in force regulating 
transmission by cable, so, however, that copyright shall not 
subsist in any cable programme -Nature of 
copyright -
economic 
rights. IPIN/l/BLZ/C/1 
Page 31 
(a) ifit is included in a cable programme service 
by broadcast; or 
(b) if it infringes, or to the extent that it 
infringes, the copyright in another cable 
programme or in a broadcast. 
(7) In relation to a work of joint ownership, the 
references in sub-section (1) to author shaH be construed 
as references to any one of the authors. 
(8) If the qualification requirements of this section 
are once satisfied in respect of a work, copyright does not 
cease ta exist by reason of any subsequent event. 
(9) Copyright protection does not extend ta an idea, 
concept, pro cess, principle, procedure, system or discovery 
or things of a similar nature. 
9. (1) By virtue ofand subject to the provisions ofthis 
Act, the owner of the copyright in a work shaH have the 
exclusive right ta do or to authorise other persons to do 
any of the following acts in Belize or on any ship or aircraft 
registered in Belize -
(a) to make copies of the work; 
(h) ta .issue copies of the work to the public,: 
(c) to perform the work in public or, in the case 
of a sound recording, film, broadcast or 
cable programme, ta show or play the 
work in public; 
(d) to broadcast the work or includ~ it in a 
cable programme service; or 
(e) to make an adaptation of the work and, in 
relation to such adaptation, ta do any or 
ail of the foregoine acts. IP/N/lIBLZ/C/l 
Page 32 
Act:-(2) For thepurposes of sub-section (1) -
(a) references to the doing ofany act in relation 
to any work means -
(i) the doing of the act in relation to the 
whole or ~ny substantial part of the 
work; and 
(U) the doing of the act either directly or 
indirectly, 
and it is immaterial whether any intervening acts 
themselves infringe copyright; 
(h) references in paragraph (h) of that 
subsection to issuing ofcopies to the public 
include the rental of copies to the public. 
(3) By virtue ofand subject to the provisions ofthis 
(a) the author of a literary, .dramatic, musical 
or artistic work that is a protected work; 
or 
(h) the director of a film that is a protected 
work, 
shall have in respect of such work, whether or not 
he is the owner of the copyright in the work, the 
moral rights specified in Part III of this Act. 
Duration of Copyright Protection 
10. (1) Subject to the provisior.s ofthis section, copyright 
in any literary, dramatic, musical or artistic work expires 
at the end of the period of fi ft y years from the end of the 
calendar year in which the author dies. Duration of 
copyright in 
Iiterary, etc. 
works. IP/N/1/BLZ/CIl 
Page 33 
(2) Where the authorship of a work referred to in 
sub-section(l) is unknown, copyright in such work expires 
at the end of the period of fi ft y years from the end of the 
calendar year in which it was first made available to the 
public; and subsection (l) shall not apply if the identity of 
the author becomes known after the end of that period. 
(3) For the purpose of sub-section (2), acts which 
constitute the making available of a work to the public 
include -
(a) in relation to a literary, dramatic or musica, 
work, the performance ofthe work in public 
or its broadcast or inclusion in a cable 
programme serVIce; 
(h) in relation to an artistic work, the exhibition 
of the work in public or its inclusion in a 
film shown to the public or in a broadcast 
or cable programme service, 
so, however, that in determining for the purpose of 
this subsection whether a work has been made 
available to the public any unauthorised act shall be 
disregarded. 
(4) The provisions of sub-sections (1) and (2) shall 
not apply to a computer-generated work, the copyright of 
which shall expire at the end of the period of fi ft y years 
from the end of the calendar year in which the work was 
made. 
(5) In relation to a work of joint ownership-
(a) the reference in sub-section (1) to the death 
of the author shall be construed-
(i) where the identity of al! the authors 
is known, as a reference to the death 
of the last of them to die; IP/N/l/BLZ/C/J 
Page 34 
(U) where the identity of one or more of 
the authors is known and the identity 
of one or more others is not, as a 
reference· to the death of the last of 
the authors whose identity is known; 
and 
(h) the reference in sub-section (2) to the 
identity of the author becoming known, 
shall be construed as a reference to the 
identity of any of them becoming known. 
(6) A work is ofunknown authorship if the identity 
of the author is unknown or, in the case of a work of joint 
authorship, if the identity of none of the authors is known. 
(7) The identity of an author shall be regarded as 
unknown if it is not possible for a person to ascertain his 
identity by reasonable inquiry; but if his identity is once 
known it shalJ not subsequently be regarded as unknown. 
(8) This section does not apply to copyright which 
subsists by virtue of section 144 of this Act. 
11. (1) Copyright in a sound recording or film expires 
at the end of the period of fi ft y years from the end of the 
calendar year in which it was made, or where it is made 
available to the public before the end ofthat period, at the 
end of the period offifty years from the end of the calendar 
year in which it is so made available. 
(2) For the purposes of sub-section (1) a sound 
recording or film is made available to the public when it 
is first published, broadcast or inc\uded in a cable programme 
service, sa, however, that in determining whether a sound 
recording or film has been made available to the public, 
any unauthorised act shall be disregarded. DlIration of 
copyright ln 
sound 
recol'dings and 
films. Duratlon of 
copyright in 
broad casts and 
cable 
progranunes. 
Duration of 
co pyrlght ln 
typographie .. 1 
arrang~lIl~nts 
of cd itlons. 
Moral RIghts. IPIN/lIBLZ/CIl 
Page 35 
12. (1) Copyright in a broadcast or cable programme 
expires at the end of a period of fi ft y years from the end 
of the calendar year in which the broadcast was made or 
the programme was included in a cable programme service. 
(2) Copyright in a repeat broadcast or a repeat cable 
programme expires at the same time as copyright in the 
original broadcast or cable programme; and accordingly; 
no copyright arises in respect of a repeat broadcast or a 
repeat cable programme which is broadcast or, as the case 
may be, included in a cable programme service after th~ 
expiry of the copyright in the original broadcast or cable 
programme. 
(3) Reference in subsection (2) to a repeat broadcast 
or a repeat cable programme means one which is a repeat 
of a broadcast previously made or, as the case may be, of 
a cable programme previously inc1uded in a cable programme 
service. 
13. Copyright in the typographical arrangement of a 
published edition expires at the end ofthe period oftwenty­
five years from the end of the calendar year in which the 
edition was first published. 
PART III 
MORAL RIGHTS AND RELATED RIGHTS 
Identification with Work 
14. By virtue of and subject to the provisions of this 
Act -
(a) the author of a literary , dramatic, musical 
or artistic work that is a protected work; 
or 
(h) the director of a film that is a protected 
work, IP/N/1/BLZ/CII 
Page 36 
shall have in respect of such work, whether or not 
he is the owner of the copyright in the work, .the 
rights specified in sections 15 and 16 of this Part. 
15. (1) Subject to the provisions in this Part, and in 
particular to section 24, the author of a literary, dramatic, 
musical or an artistic work that is a protected work and 
the director of a film that is protected work have, respectively, 
the right to be identified as the author or, as the case may 
be, director of the work in the circumstances specified in 
t'his section. 
(2) The author of a literary work (other than words 
intended to be sung or spoken with music) or a dramatic 
work has the right to be identified as such whenever -
(a) the work or an adaptation thereof is 
published commercially, performed in 
public, broadcast or included in a cable 
programme service; or 
(h) copies ofa film or sound recording including 
the work or an adaptation thereofare issued 
to the public. 
(3) The author of a musical work or a literary work 
consisting of words intended to be sung or spoken with 
music, has the right to be identified as such whenever -
(a) the work or an adaptation thereof is 
published commercially; 
(b) copies of a sound recording of the work 
or an adaptation thereof are issued to the 
public; or 
(c) a film, the sound track of which includes 
the work, is shown in public or copies of 
such film are issued to the public. Right to be 
identified as 
author, etc. IP/N/1/BLZ/CII 
Page 37 
(4) The author of an artistic work has the right to 
be identified as such whenever -
(a) . the work is published commercially or 
exhibited in public or a visual image of it 
is broadcast or included in a cable 
programme servIce; 
(h) a film including a visual image of the work 
is shown in public or copies of such a film 
are issued to the public; or 
(c) in the case of a work of architecture in the 
Îorm ofa building or a model for a building, 
a sculpture or a work of artistic 
craftsmanship, copies of a graphie work 
representing it or ofa photograph ofit, are 
issued to the public. 
(5) ln addition to the right specified in paragraph 
(c) of sub-section (4), the author of a work of architecture 
in the form of a building has the right to be identified on 
the building as constructed or, where more than one building 
is constructed to the dcsign,.on the first to be constructed. 
(6) The director of a film has the right to be identified 
as such whenever the film is shown in public, broadcast 
or inc\uded in a cable programme service or copies of the 
film are issued to the public. 
(7) The right of an author or director under this 
section is -
(a) in the case of commercial publication or 
the issue to the public ofcopies of a film 
or sound recording, to be identified in or 
on each copy or, ifthat is not appropriate, 
in sorne other manner likely to bring his 
identity to the notice of a person acquiring 
a copy; IP/N/1/BLZ/C/l 
Page 38 
(b) in the case of identification on a building, 
to be identified by appropriate means visible 
to persons entering or approaching the 
building; and 
(c) in any other case, to be identified in a 
manner likely to bring his identity to the 
attention of a person seeing or hearing the 
performance, exhibition, fiim, broadcast 
or cable programme in question, 
and the identification shall, in each case, be clear 
and reasonably prominent. 
(8) For the purposes ofthis section, unless otherwise 
provided to the contrary, any reasonable form of 
identification may be used. 
(9) Except as may otherwise be explicitly provided 
by contract, the right conferred by this section does not 
apply in relation to-
(a) a computer program, the design of a 
typeface or a computer-generated work; 
(b) any work made for the purpose ofreporting 
current events; 
(c) the publication in a newspaper, magazine 
or similar periodical or in an encyc1opaedia, 
dictionary, yearbook or other collective 
work of reference, of a literary, dramatic, 
musical or artistic work made available 
with the consent of the author for purposes 
of such publication; 
(d) a work in which copyright originally vested 
in an international organization by virtue 
ofsection 144, unless the author or director R1ght to object 
to derogatory 
treatment of 
work. IPIN/1/BLZ/C/1 
Page 39 
has previously been identified as such in 
or on published copies of the work. 
Objection to Treatment of Work 
16. (1) Subject to the provisions in thisPart, and in 
particular to section 24, the author of a Iiterary, dramatic, 
musical or artistic work that is a protected work and the 
director of a film that is a protected work shall have, 
respectively, the right not to have the work subjected to 
derogatory treatment; ànd such right is infringed by any 
person who does any of the acts specified in section 42 
or section 43 in the circumstances there specified. 
(2) For the purpose of this Act -
(a) "treatment" of a work means any addition 
to, deletion from, alteration to or adaptation 
of the work, other than -
(i) a translation of a literary or dramatic 
work, or 
(ii) an arrangement or transcription of a 
musical work involving no more than 
a change of key or register; and 
(b) the treatment of a work is derogatory if 
it amounts to distortion or mutilation of 
the work, or is otherwise prejudicial to the 
honour or reputation of the author or 
director; 
and references to a derogatory treatment of a work 
shall be construed accordingly; 
(c) "sufficient disclaimer" means a clear and 
reasonably prominent indication-IPlNllIBLZ/C/l 
Page 40 
(i) given the time of the act; and 
(U) if the author or director is then 
identified, appearing along with the 
indication, 
that the work has been subjected to treatment to 
which the author or director has not consented. 
(3) The right referred to in sub-section (1) above 
does not apply in relation to-
(a) a computer program or to a computer­
generated work; 
(h) fair dealing with any work made for the 
purpose of reporting current events; 
(c) the publication in any newspaper, magazine 
or similar periodical or in an encyclopaedia, 
dictionary, yearbook or other collective 
work of reference, of ci literary, dramatic, 
musical or artistic work made for the 
purposes of such publication, or made 
available with the consent of the author for 
the purposes of such publication, subject, 
in any particular case, to any agreement 
excluding the operation of the foregoing 
provisions of this paragraph to that case; 
(d) any subsequent publication elsewhere of 
such work as is referred to in paragraph 
(c), subject to any su ch agreement as is 
referred to in that paragraph. 
(4) The right referred to in sub-section (1) above 
do es not apply to anything done by or with the authority 
ofthe copyright owner in relation to work in which copyright False 
attribution of 
Rlght to 
prlvacy -
commlssloned 
photographs 
and films. IP/NIl/BLZ/CIl 
Page 41 
originally vested in an international organization by virtue 
of section 144 unless the author or director-
(a) is identified at the time of the relevant act; 
or 
(b) has previously been identified in or on 
published copies of the work, 
and where in such a case the right does apply, it 
is not infringed ifthere is a case sufficient disclaimef. 
ReJated Rights 
17. (l) A person has the right -
(a) not to have a literary, dramatic, musical or 
artistic work falsely attributed to him as 
its author; and 
(b) not to have a film falsely attributed to him 
as its director, 
and in this section "attribution", in relation to such 
work, means a statement, whether express or implied, 
as to the identity of the author or director. 
(2) The right conferred by sub-section (1) is infringeo 
by any person who does any of the acts specified in section 
44. 
18. A person who for private and domestic purposes 
commissions the taking of a photograph or the making of 
a film shaH have where the resulting work is a protected 
work, the right not to have -
(a) copies of the work issued to the public; 
(b) the work exhibited or shown in public; or IP/NIl/BLZ/CIl 
Page 42 
(c) the work broadcast or included in a cable 
programme service. 
Supplementary 
19. (1) The rights conferred by sections 15, 16 and 18 
shaH subsist so long as copyright subsists in the work. 
(2) The right conferred by section 17 shall subsist 
until the end of the period of twenty years from the end 
. o,f the calendar year in ·which the person dies. 
20. (1) A person entitled to a right conferred under this 
Part may waive the right or consent to the doing of any 
act in relation to the work in respect of which the right 
subsists and any act done in pursuance of su ch waiver or 
consent is not an infringement of the right. 
(2) A right may be waived by instrument in writing 
signed by the person giving up the right and the waiver -
(a) may relate to works generally or to a specific 
work or class of works and may relate to 
existing or future works; and 
(h) may be conditional or unconditional and 
may be expressed to be subj ect to 
revocation, 
(3) Where a waiver is made in favour of the owner 
or prospective owner of the copyright in the work or works 
to which it relates, it shall be presumed to extend to his 
licensees and successors in title, unless a contrary intention 
is expressed. 
(4) Nothing in this Part shall be construed as 
excJuding the operation of the general law of contract or 
estoppel in relation to an informaI waiver or other transaction 
in relation to any of the rights to which this Part relates. Duration of 
moral rights 
and relatcd 
rights. 
Consent and 
wai\'er of 
nghts. Application of 
pI'ovlslons to 
joint works. 
Application of 
provisions to 
part ofwork. IPIN/l/BLZ/C/1 
Page 43 
21. (1) The right conferred by section 15 is, in the case 
of a work of joint authorship, a right of each joint author 
to be identified as a joint author. 
(2) The right conferred by section 16 is, in the case 
of a work of joint authorship, a right of each joint author 
and his right is· satisfied if he consents ta the treatment in 
question. 
(3) A waiver ofrights under section 20 by onejoint 
author does not affect the rights of the other joint authon~ 
(4) Sub-sectiolls (1), (2) and (3) also apply, with 
sllch modifications as are necessary, in relation to a film 
which was, or is alleged ta have been, jointly directed as 
they apply to a work which is, or alleged to be, a work 
of joint authorship; and for the purpose of this subsection, 
a film is "jointly directed" ifit is made by the collaboration 
of two or more directors and the contribution of each 
director is not distinct from that of the other director or 
directors. 
(5) The right conferred by section 18 is, in the case 
of a work made in pursuance of a joint commission, a right 
of each person who commissioned the making of the work, 
so that -
(a) the right of each is satisfied if he consent 
·to the act in question; and 
(h) a waiver under section 20 by one of them 
does not affect the rights of the otllers. 
22. The rights conferred by -
(a) sections 15 and 18 apply in relation to the 
whole or any substantial part of a work; 
and 
(h) sections 16 and 17 apply in relation to the 
whole or any part of a work. IP/N/l/BLZ/C/l 
Page 44 
23. In this Part "commercial publication", in relation to 
a literary, dramatic, musical or artistic work means -
(a) issuing copies of the work to the public at 
a time when copies made in advance of the 
receipt of orders are generally available to 
the public, or 
(b) making the work available to the public by 
means of an electronic retrieval system, 
and related expressions shall be construed 
accordingly. Meaning of 
commercial 
pu blication. 
24. (1) The Minister may, after consultation with the Regulations. 
National Arts Council and other bodies representing artists, 
writers, composers and performers, make Regulations for 
any or ail of the following purposes-
(a) specifying certain works or classes ofworks 
in respect ofwhich no specified rights shall 
subsist; 
(h) prescribing conditions to which the exercise 
of any specified right shall be subject; 
(c) regulating the way in which any of the 
specified rights of an author or a director 
shall be respected; 
(d) specifying circumstances in which any of 
the specified rights ofan author or a director 
may not be exercised, 
(2) In this section "specified right" means a right 
conferred on an author or a director by section 15 or section 
16. 
(3) Ail Regulations made under this section shall be 
laid before the National Assembly as soon as may be after 
the making thereofand shall be subj ect to negative resolution. Ownershlp of 
copyright PART IV 
OWNERSHIP AND ASSIGNMENT OF RIGHTS 
Ownership of Copyright 
25. (1) Subject to this Act, the author of a protected 
work is the first owner of any copyright in that work unless 
there is an agreement to the contrary. 
(2) Sub-section (1) shall not apply to copyright 
subsisting in a work pursuant to section 144. 
(3) Where a protected work is a work of joint 
authorship the authors thereof shall be co-owners of any 
copyright in that work. 
(4) Where a protected work has been made by or 
under the direction or control ofthe Government and, apart 
from this sub-section no copyright would subsist in the 
work, th en copyright shall subsist therein by virtue of this 
sub-section and shall initially belong to the State. 
(5) The copyright subsisting in a protected work 
which has, with the author's written consent,. been first 
published in Belize by or under the direction or control of 
the Government· shall initially belong to the State. 
(6) Sub-section (5) shall have effect subject to any 
agreement whereby it is agreed that the copyright in the 
work shall vest in the author or in some other person 
designated in the agreement. 
(7) For the purposes of this section the term 
"agreement" inc1udes any conditions regulating or applying 
to the employment of a person in the service of the State. IPIN/lIBLZ/CIl 
Page 45 IPlNllIBLZ/C/l 
Page 46 
Assingment of Copyright 
26. (1) Subject to this section, copyright in a work shall 
be transmissible by assignment, by testamentary disposition 
or by operation of law, as personal or movable property. 
(2) An assignment of copyright may be partial, that 
is, limited so as to apply -
(a) to one or more, but not all, of the things 
which: by vi rtue of this Act, the owner of 
the copyright has the exclusive right to do; 
(h) to part, but not the whole, of the period 
for which the copyright is to subsist. 
(3) No assignment of copyright (whether total or 
partial) shaH have effect unless it is in writing signed by 
or on behalf of the assignor. 
(4) A licence granted by a copyright owner is binding 
upon every successor in title to his interest in the copyright, 
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 'copyright owner shall be construed 
accordingly. 
27. Where different persons are entitled (wh ether in 
consequence of a partial assignment or otherwise) to different 
aspects copyright in a work, the copyright owner for any 
purpose ofthe Act is the person who is entitled to the aspect 
of copyright relevant for that purpose. 
28. (1) Where, by an agreement made in relation to any 
future copyright and signed by or on behalf ofthe prospective 
owner of the copyright, the prospective owner purports to Assingments 
and licences. 
Meaning of 
copyright 
owner. 
Prospective 
owner of 
copyright. Copyright ln 
wlpublished 
wOl'ks passes 
undcr will. IPIN/lIBLZ/CIl 
Page 47 
assign the future copyright (wholly or partially) to another 
person (in this subsection referred to as "the assignee"), 
then if, on the coming into existence of the copyright, the 
assignée or a person claiming under him would be entitled 
as against all other persons to require the copyright to be 
vested in him (wholly or partly, as the case may be), the 
copyright shaH, on coming into existence, vest in the assignee 
or his successor in title by virtue of this subsection. 
(2) Where, at a time when any copyright cornes into 
existence, the person 'who, if he were then living, would 
be entitled to the copyright, is dead, the copyright shall 
devolve as if it had subsisted immediately before his death 
and he had th en been the owner of the copyright. 
(3) Sub-section (4) of section 26 shall apply, in 
relation to a licence granted by a prospective owner of any 
copyright, as it applies in relation to a licence granted by 
the owner of a subsisting copyright and as if any reference 
in that sub-section to the owner's interest in the copyright 
included a reference to his prospective interest therein. 
29. Where under a bequest (wh ether specifie or general) 
a person is entitled, beneficiallyor otherwise, to -
(a) the manuscript or other support on which 
a literary, dramatic, musical or artistic work 
was first expressed in material form; or 
(h) the material support embodying a sound 
recording or film, 
and the work had not been published before the 
death of the testator, the bequest shall, unless a 
contrary intention is indicated in the testator's will 
or a codicil to it, be construed as inc1uding the 
copyright in the work in so far as the testator was 
the owner of the copyright immediately before his 
death. IPIN/1/BLZ/C/l 
Page 48 
30. The rights conferred under Part III are not assignable. 
31. (1) On the death of a person entitled to a right 
conferred by section 15, 16 or 18 the right passes -
(a) to such person as he may by testamentary 
disposition specifically direct; or 
(h) in the absence of any such direction, th en 
in the case of a right conferred by section 
15 or 16 if the copyright in the work in 
question forms part of his estate, to the 
person to whom the copyright passes, 
and if, or to the extent that, the right does not pass 
under paragraph (a) or (h), it is exercisable by his 
legal personal representatives. 
(2) Where copyright forming part of a person's 
estate passes in part to one person and in part to another, 
any part which passes with the copyright by virtue of sub­
section (1) is correspondingly divided. 
(3) Where by virtue ofparagraph (a) or (h) ofsub­
section (1) a right becomes exercisable by more than one 
person, then, -
(a) where the right is conferred by section 16 
or 18, it is a right exercisable by each of 
them and is satisfied in relation to any of 
them ifhe consents to the treatment or act 
in question; and 
(h) élny waiver of the right in accordance with 
section 20 by one of them does not affect 
the rights of the others. 
(4) A consent or waiver previously given binds any 
person to whom a right passes by virtue of sub-section (l). Moral rights, 
etc. not 
assignable. 
Transnùsslon 
ofmoral rigllts, 
etc. on d eath. Action -
definilioll of. 
Infringement. 
by exerdse of 
unauthorised 
aets. 
by importation 
of infringlng 
articles. 
by conunercial 
dealings in 
such articles. IP/N/l/BLZ/C/1 
Page 49 
(5) Any infringement after a person's death of the 
right conferred by section 17 is actionable by his personal 
representatives. 
(6) Any damages recovered by personal 
representatives by virtue of this section in respect of an 
infringement after a person's death shaH devolve as part of 
his estate as if the right of action had subsisted and been 
vested in him immediately before his death. 
PART V 
INFRINGEMENTS OF RIGHTS 
Economic Rights 
32. ForthepurposesofthisPart, the expression "action" 
includes a counterclaim, and references to the plaintiff and 
to the defendant in an action shall be construed accordingly. 
33. (1) The copyright in a protected work is infringed 
by any person who, not being the owner of the copyright 
and without the licence cif the owner thereof -
(a) in respect of the work, does, or authorises 
another person to do, any of the acts 
mentioned in section 9, in relation to that 
work; 
(h) imports an article (otherwise than for his 
private domestic use) into Belize which he 
knows or has reason to believe, IS an 
infringing copy of the work; 
(c) in Belize, or on any ship or aircraft 
registered in Belize -
(i) possesses in the course of business, IPINIIIBLZICI1 
Page 50 
(U) sells, lets for hire, or by way oftrade 
otIers or exposes for sale or hire,or 
(iii) by way of trade exhibits in public, 
an article which he knows or has reason to believe, 
is an infringing copy of the works. 
(2) Sub-section (1) (c) sha1l apply, in relation ta the 
distribution of any article either -
(a) for the purposes of trade, or 
(h) for other purposes, but only to such an 
extent as to affect prejudicially the owner 
of the copyright, 
as it applies in relation to the sale of an article. 
(3) Copyright in a work is infringed by a persan 
who, without the licence of the copyright owner -
(a) makes; 
(h) imports into Belize; 
(c) possesses in the course of a business; or 
(d) sells or lets for hire or otIers for sale or 
hire, 
any article specifically designed or adapted for 
making copies of that work, knowing or having 
reason to believe that it is to be used to make 
infringing copies. 
(4) Copyright in a work is infringed by a person 
who, without the licence of the copyright owner, transmits 
the work by means of a telecommunications system Iilfringement 
by distribution 
of infringing 
articles. Proprictor of 
place of public 
entcrtainment 
liable for 
infringenwnt. 
Infringement 
by proviùing 
apparatu., de. 
for giving 
Infrillglllg 
pel·fonnan«·s. IP/N/lIBLZ/CIl 
Page 51 
(otherwise than by broadcasting or inclusion in a cable 
programme service) knowing or having reason to believe 
that infringing copies of the work will be made by means 
of the reception ofthe transmission in Belize or elsewhere. 
34. 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, permits a place 
of public entertainment to be used for a performance in 
public of the work ~:here the performance constitutes an 
infringement of the copyright in the work; but this section 
shall 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. 
35. (1) 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-
(a) playing sound recordings, 
(b) showing films, or 
(c) receiving visual Images conveyed by 
electronic means, 
the persons mentioned in the following subsections 
are also liable for the infringement. 
(2) A person who supplied the apparatus, or any 
substantial part of it, is liable for the infringement if, when 
he supplied the apparatus or part thereof:-
(a) he knew or nad reason to believe that the 
apparatus was likely to be so used as to 
infringe copyright; or 
(h) in the case of apparatus whose normal use 
involves a public performance, playing or 
showing, he did not believe on reasonable IP/N/l/BLZ/CIl 
Page 52 
grounds that it would not be so used as 
to infringe copyright. 
(3) An occupier of premises who gave permission 
for the apparatus to be brought onto the premises is liable 
for the infringement 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. 
(4) A person who supplied a copy of a sound 
recording or film used to infringe copyright is liable for the 
infringement ifwhen 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. 
Remedies for Infringement of Economie Rights 
36. (1) Subject to this Act, infringements of copyright 
shall be actionable in the Supreme Court at the suit of the 
owner of the copyright; and in any action for such an 
infringement ail 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 
the infringements of other proprietary rights: 
(2) Where, in an action for infringement ofcopyright, 
it is proved or admitted th at-
(a) an infringement was committed, but 
(h) at the time of the infringement the defendant 
was not aware, and had no reasonable 
grounds for suspecting, that copyright 
subsisted in the work to which the action 
relates, 
the plaintiff shall not be entitled under this section 
to any damages against the defendant in respect of Action by 
owncr of 
copyright for 
infdngcrncnt. Order for 
delivery up in 
civil 
proceedings. 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. 
(3) Where in an action under this section an 
infringement of copyright is proved or admitted, the court, 
having regard (in addition to all other material 
considerations) to the flagrancy of the infringement, and 
to any benefit accruing to the defendant by reason 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 sha1l be made -
(a) after the construction of the building has 
been begun, so as to prevent it from being 
completed; or 
(h) so as to require the building in so far as 
it has been constructed, to be demolished. 
37. (1) Subject to the provisions ofthis section, where 
a person -
(a) il! the course of his business, has an 
infringing copy ofa work in his possession, 
custody or control; or 
(h) has in his possession, custody or control 
an article specifically designed or adapted 
for making copies ofa particular protected 
work, knowing or having reason ta believe 
that it has been or is being used ta make 
infringing copies, 
the copyright owner may apply to the court for an 
arder that the infringing copy or article be delivered IP/N/lIBLZ/C/l 
Page 53 IP/N/lfBLZ/C/1 
Page 54 
up to ~im or to such other person às the court may 
direct. 
(2) An application under subsection (1) shall not be 
made after the end of the period specified in section 136; 
and no order shall be made unless the court also makes, 
or it appears to the court that there are grounds for making, 
an order under section 135 for the disposai of the infringing 
copies. 
(3) A person to whom an infringing copy or other 
article is delivered up pursuant to an order made under this 
section shall, if an arder under section 135 is not made, 
retain il until an order or decision is made by the court under 
that sectioll. 
38. (1) Subject to any decision of the court under section 
135, and to the conditions specified in subsections (2), (3) 
and (4) below, an infringing copy ofa work which is found 
exposed or otherwise immediately availabJe for sale or hire, 
and in respect of which the copyright owner would be 
entitled to apply for an order under section 3 7 may be seized 
and detained by him or a person authorised by him. 
(2) Before anything is seized under this section 
notice of the time and place of the proposed seizure shall 
be given to a local police station. 
(3) At the time that anything is seized under this 
section there shall he left at the place where it was seized 
a notice in the prescribed form containing the prescribed 
particulars as to the person by whom or on whose authority 
the seizure is made and the grounds on which it is made. 
(4) In this section "premises" inc\udes land, buildings, 
fixed or l110veable structures, vehicles, vessels and aircraft-. 
39. Where, in an action under this Part -Righi 10 seÏ7.c 
Infringing 
copies, etc. 
\Vide 
injunctlon 
availablc 10 
licensing 
bodies. Proceedlngs ln 
case of 
copyright 
subject 10 
exclusive 
licence. IP/N/lIBLZ/C/l 
Page 55 
(a) the infringement of copyright is proved or 
admitted, and 
(h) the plaintiff is a licensing body (as deftned 
in section 88), and 
(c) the court, having regard to ail material 
circumstances, is satisfied that effective 
relief would not otherwise be available to 
the plaintiff, 
the court may grant an injunction extending to ail 
the protected works, of which the plaintiff is the 
owner of the copyright, notwithstanding that the 
infringement related to only one or sorne of the said 
works. 
40. (1) For the purpose ofthis section, the expression-
Il exclusive licence" rneans a licence in writing, signed 
by or on behalf of an owner or prospective owner 
ofcopyright, authorising the licensee, to the exclusion 
of ail other persons, including the grantor of the 
licence, t6 exercise a right which by virtue of this 
Act would (apart from the licence) be exercisable 
exclusively by the owner of the copyright; and 
"exclusive licensee" shall be construed accordingly; 
"if the licence had been an assignment" means if, 
instead of the licence, there had beengranted (subject 
to terms and conditions corresponding as nearly as 
may be with those subject to which the licence was 
granted) an assi8nment of the copyright in respect 
ofits or their application to the doing, at the places 
and times authorised by the licence, of the acts 50 
authorised; and 
"the other party", in relation ta the owner of the 
copyright, means the exclusive licensee, and, in IP/N/l/BLZ/C/1 
Page 56 
relation to the exclusive licensee, means the owner 
of the copyright. 
(2) This section shall have effect as to proceedings 
in the case ofany copyright in respect ofwhich 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 ofthis section, 
the exclusive licensee shall (except against the owner of 
the copyright) have the same rights ofaction, and be entitled 
. ta the same remedies, under section 36 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 under that section. 
(4) Where an action is brought either by the owner 
of the copyright or by the exclusive licensee, and the action, 
in so far as it is brought under section 36, 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, shall not be entitled, except 
with the leave of the 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 notbeen enacted and the action had been brought by 
the owner of the copyright, shaH be avaiJabJe to that 
defendant as against the exclusive Iicensee. 
(6) Where an action is brought in the circumstances 
mentioned in sub-section (4) above and the owner of the 
copyright and the exclusive licensee are not both plaintiffs 
in the action, the court, in assessing damages in respect 
ofany such infringement as is mentioned in that subsection-IP/N/lIBLZ/CIl 
Page 57 
(a) if the plaintiff is the exclusive licensee, 
shaH take into account any liabilities (in 
. respect ofroyalties or otherwise) to which 
the licence is subject; and 
(h) whether the plaintiff is the owner of the 
copyright or the exclusive licensee, shaH 
take into account any pecuniary remedy 
already awarded to the other party under 
section 36 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 
(7) Where an action, in so far as it is brought under 
section 36, relates (wholly or partly) to an infringement in 
respect ofwhich the owner of the copyright and the exclusive 
licensee have concurrent rights ofaction 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 
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 by the exclusive licensee -
(a) no judgment or order for the payment of 
damages in respect of an infringement of 
copyright shaH De given or made under 
section 36, 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 ofthe same infringement; 
and IPIN/lIBLZ/CIl 
Page 58 
(h) no judgment or arder for an account of 
profifs in respect of an infringement of 
copyright shall be given or made under that 
section, if a final judgment or order has 
been given or made awarding either 
damages or an account ofprofits to the 
other party under that section in respect 
of the same infringement. 
(9) Where, in an action brought in the circumstances 
mentioned in sub-section (4), whether by the owner of the 
copyright or by the exclusive licensee, the other party is 
not joined as a plaintiff (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. 
(10) The copyright owner shall notify any exclusive 
licensee having concurrent rights before applying under 
section 37 for an arder for the delivery up of infringing 
copies of a work or before exercising the right of seizure 
under section 38; and the court may, on the application of 
the licensee, if it thinks fit, having regard to the terms of 
the licence, make an arder under section 37 or make an 
arder prohibiting or permitting the exercise bythe copyright 
owner of the right conferred under section 38. 
Moral and related rights 
41. The right conferred on an author or director of a 
protected work by section 15 is infringed by any person 
who, in relation to the work, does, or authorises another 
person to do, any of the acts mentioned in sub-sections (2), 
(3), (4) or (5) of section 15 without the identification of 
the.author or the director, as the case may be, in accordance 
with the requirements of that section. Infrill1:cmellt 
of nght to be 
Id entilied as 
author or 
dl re.ctor. lnfringemcnt 
of light to 
object to 
derogatory 
treatment of 
work. IP/N/lIBLZ/CIl 
Page 59 
42. (1) The right conferred on an author or a director 
by section 16 to object to derogatory treatment ofhis work 
is infringed -
(a) in the case ofa literary, dramatic or musical 
work, by a person who -
(i) publishes commercially (within the 
meaning specified in section 23), 
performs in public, broadcasts or 
includes in a cable programme service 
a derogatory treatment of the work, 
or 
(ii) issues to the public copies of a film 
or sound recording of, or including, 
a derogatory treatment of the work; 
(h) in the case of an artistic work, by a person 
who -
(i) publishes commercially (within the 
meaning specified in section 23) or 
exhibits in public, a derogatory 
treatment of the work, or broadcasts 
or includes in a cable programme 
service a visual image ofa derogatory 
treatment of the work; 
(ii) shows in public a film which includes 
a visual image of a derogatory 
treatment ofthe work or issues to the 
public copies of such a film; or 
(iii) in the case of a work of architecture 
in the form of a model for a building 
or in the case of a scuipture or work 
of craftsmanship, issues to the public 
copies ofa graphie work representing, IPINI1 IBLZIC/1 
Page 60 
or of a photograph of, a derogatory 
treatment of the work; 
(c) paragraph (h) does not apply to a work of 
architecture in the form of a building; but 
where the author of such a work is identified 
on the building and it is the subject of 
derogatory treatinent, he has the right to 
require the identification to be removed. 
(d) in the case of a film, the right is infringed 
by a person who -
(i) shows in public, broadcasts or 
inc1udes in a cable programme service 
a derogatory treatment of the film; or 
(ii) issues to the public copies of a 
derogatory treatment of the film, 
or who, along with the film, plays in public, broadcasts 
or includes in a cable programme service, issues to 
the public copies of, a derogatory treatment of the 
film sound-track. 
43. (1) The right conferred by section 16 is also infringed 
y a person who -
(a) possesses in the course of a business; or 
(h) sells or lets for hire or offers or exposes 
for sale or hire; or 
(c) in the course of a business, exhibits ln 
public or distributes; or 
(d) distributes otherwise than in the course of 
a business, so as to affect prejudicia1\y the IlIfdngclllcllt 
by possession 
of infdnging 
article. Falsc 
attribution of 
work; 
Infdngcmrnt. IP/N/lIBLZ/CIl 
Page 61 
honour or reputation of the author or 
director, 
an article which is, and which he knows or has 
reason to believe is, an infringing article. 
(2) In this section an "infringing article" means a 
work or a copy of a work which -
(a) has been subjected to derogatory treatment 
as defined in section 16 (2); and 
(h) has been or is likely to be the subject of 
any of the acts mentioned in section 42 in 
circumstances .infringing that right. 
44. (l) Subject to the provisions of this section, the 
right conferred on a person by section 17 not to have a 
literary, dramatic, musical or artistic work falsely attributed 
to him as its author or a film falsely attributed to him as 
its director, is infringed by any person who -
(a) issues to the public copies of a work of any 
of those descriptions in or on which there 
is a false attribution; or 
(b) .exhibits in public an artistic work or a CoP) 
of an artistic work in or on which there is 
a false attribution. 
(2) The right is also infringed by a person who -
(a) in the case ofa literary, dramatic or musical 
work, performs the work in public, 
broadcasts it or includes it in a cable 
programme service as being the work of 
a person; or IPIN/l/BLZIC/l 
Page 62 
(h) in the case of a film, shows it in public, 
broadcasts it or includes it in a cable 
programme service as being directed by a 
pers on, 
knowing or having reason to believe that the 
attribution is false. 
(3) The right is also infringed by any person who 
issues to the public or displays in public any material 
containing a false attribution in connection with any act 
referred to in sub-section (1) or (2). 
(4) The right is also infringed by a person who, in 
the course of a business -
(a) possesses or deals with a copy of a work 
referred to in sub-section (1) in or on which 
there is a false attribution; or 
(h) in the case of an artistic work, possesses 
or deals with the work itself when there 
is a false attribution in or on it, 
knowing or having reason to believe that there is 
an attribution and that it is false. 
(5) In the ca'se of an artistic work, the right is also 
infringed by a person who in the course of a business -
(a) deals with a work which has been altered 
after the author parted with possession of 
it as being the unaltered work ofthe author; 
or 
(h) deals with a copy of such a work as being 
a copy of the unaltered work of the author, 
knowing or having reason to believe that such is not 
the case. Infrlngement 
of prlvacy right 
respccting 
photographs, 
etc. (6) In this section -IP/N/l/BLZ/C/1 
Page 63 
(a) "attribution" in relation to a work means 
a statcment (express or implied) as towho 
is the author or director; 
(b) references to dealing are to selIing or letting 
for hire, offering or exposing the sale or 
hire, exhibiting in public or distributing. 
(7) This section applies where, contrary to the fact­
(a) a literary, dramatic or musical work is 
falsely represented as being an adaptation 
of the work of a person; or 
(h) a copy of an artistic work is falsely 
represented as being a copy made by the 
author of the artistic work, 
as it applies where the work is falsely attributed to 
a person as author. 
45. The right conferred by section 18 in relation to a 
commissioned photograph or film is infringed by a person 
who does or authorises the doing of any act mentioned in 
that section in relation to that work; but the right is not 
infringed by any of the following acts to the extent that 
pursuant to Part VI, such act would not infringe copyright 
in the work -
(a) the incidental inclusion of the work in an 
artistic work, film broadcast or cable 
programme (section 59); 
(h) acts done for the purposes ofparliamentary 
or judicial proceedings, or statutory 
enquiries (section 71). IPINIllB LZ/CI1 
Page 64 
Remedies for Infringement of Moral Rights 
and Related Rights 
46. (1) The infringement of a right conferred under 
sections 15, 16, 17 or 18 is actionable as a breach of 
statutory dut y owed to the person entitled to the right. 
(2) In an action for infringement of the right conferred 
by section 16, the court may, if it thinks it an adequate 
remedy in the circumstances, grant an injunction on terms 
prohiblting the doing of any act unless a disclaimer is made 
on such terms and in such manner as may be approved by 
the court, dissociating the author or director from the 
treatment of the work. 
(3) Where in any action an infringement of a right 
referred to in sub-section (1) is proved or admitted, the 
court may order the defendant to publish such correction 
in such terms and in such newspaper as the court may direct. 
Presumptions 
47. In an action brought by virtue of this Part -
(a) copyright shall be presumed to subsist in 
the work to which the action relates if the 
defendant does not put in issue the question 
whether copyright subsists therein; 
(h) where the subsistence of the copyright is 
proved or admitted or is presumed in 
pursuance of paragraph (a), the plaintiff 
shall be presumed to be the owner of the 
copyright, if he claims to be the owner of 
the copyright and the defendant does not 
put in issue the question of his ownership 
thereof; and 
(c) if the question arises whether an article is 
an infringing copy of a work and it is 
shown-Remedies for 
Infrlnging 
moral rlghts, 
etc. 
PresullIptions 
as to 
subsistcnce and 
ownuship of 
copyright. Presumptlon ln 
relation to 
authorshlp or 
protected 
wOI'ks; 
oWJlershlp; 
orlglnallty; 
pu blicatloll. IP/N/l/BLZ/C/l 
Page 65 
(i) that the article is a copy of the work, 
and 
(U) that copyright subsists in the work or 
has subsisted at any time, 
it shaH be presumed until the contrary is proved 
that the article was made at a timewhen copyright 
subsisted in the work. 
48. (1) Subject to section 47, where, in the case of a 
protected work, a name purporting to be that of the author 
appears on copies of the work aspublished 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, be presumed, unless 
the contrary is proved, ta be the author of the work. 
(2) In the case of a work alleged to be a work of 
joint authorship, sub-section (1) shall apply in relation ta 
each persan alleged 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 ofthis Part 
with respect to. a protected work, sub-section (1) does no 
apply, but it is established that-
(a) pursuant ta paragraph (b)(i) of section 8 
(1), the work qualifies for copyright 
protection by virtue of the country offirst 
publication; and 
(b) aname purportingto bethat of the publisher 
appeared on copies of the work as first 
published, IPINII/BLZ/C!1 
Page 66 
then, unless the contrary is proved, copyright shall -ownershlp. 
be presumed to subsist in the work and the person 
whose name so appeared shaH be presumed to have 
been the owner of that copyright at the time of the 
publication. 
(4) Where in an action brought by virtue ofthis 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 -originality. 
work unless the contrary is proved; and 
(h) if it is alleged by the plaintiff that a -publication. 
publication specified in 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 place in that country 
and on that date. 
(5) For the pOl'poses 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. 
49. (1) In an action brought by virtue ofthis Part \Vith 
respect to a sound recording, film or computer programme, 
the presumptions specified in this section shall apply. 
(2) In an action with respect to a sound recording, 
where copies of the recording as issued to the public bear 
a label or other mark stating -Presumptions 
where action 
relates to 
sound 
reconlings, 
films, and 
computer 
programmes. 
(a) that a named person was the owner of -ownership. 
copyright in the recording at the date of 
issue of the copies; or -publication. 
-author/ 
dh·cctor. 
-owncrship. 
-publication. 
-oWllcrship. 
-publication. IP/N/l/BLZ/C/l 
Page 67 
(h) that the recording was first published in a 
specified year 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. 
(3) In an action with respect to a film, where copies 
of the film as issued to the public bear a statement -
(a) that a named person was the author or 
director of the film; 
(h) that a named person was the owner of 
copyright in the film at the date of issue 
of the copies; or 
(c) that the film 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. 
(4) In an action with respect to 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 pro gram at the date of 
issue of the copies; or 
(h) 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, IPIN/l/BLZ/C/l 
Page 68 
the statement shaH be admissible as evidence of the 
facts stated and shaH be presumed to be correct until 
the contrary is proved. 
(5) The presumptions specified in sub-sections (2), 
(3) and (4) apply equaHy in an action relating to an 
infringement alleged to have occurred before the date on 
which the copies were issued to the public. 
(6) In an action with respect to a film, where the 
fill11 as shown in public, broadcast or included in a cable 
program service bears a statement -
(a) that a named person was author or director 
of the film; 
(h) that a named person was the owner of 
copyright in the film immediately after it 
was made, 
the statement shaH be admissible as evidence of the 
facts stated and shall be presumed to be correct until 
the contrary is proved; and the presumption applies 
equally in an action relating to an infringement 
alleged to have occurred before the date on which 
the film as shown in public, broadcast or included 
in a cable programme service. 
50. (1) In this section -
"related offencell
, in relation to any proceedings to 
which sub-section (2) applies means -
(a) in the case ofproceedings within subsection 
(3)(a) or (h) -
(i) any offence committed by or in the 
course of the infringement to which 
those proceedings relate; or -authorl 
director. 
-O\\llershi p. 
Withd rawal of 
privilege 
against 
incrimination 
of self or 
spouse in 
infringcnICnt 
and rclated 
procccd ings. IPIN/l/BLZ/CIl 
Page 69 
(ii) any offence not within sub-paragraph 
(i) committed in connection with that 
infringement, being an offence 
involving fraud or 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' 
which sub-section (2) applies, means -
(a) in the case of proceedings within sub­
section (3)((1) or (h), any penalty incurred 
in respect of anything done or omitted in 
connection with the infringement to which 
those proceedings relate; 
(h) 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 sub-section 
applies a person shall not be excused, by reason that tot,~ 
so would te'nd to expose that person, or his or her spouse, 
to proceedings for a related offence or for the recovery of 
a related penalty -
(a) [rom answering any question put to that 
person in the first-mentioned proceedings; 
or 
(h) [rom complying with any order made in 
those proceedings. IPINIlIBLZ/CI1 
Page 70 
(3) Sub-section (2) applies to the fotlowing civil 
proceedings in the Supreme Court, namely -
(a) proceedings for infringement ofcopyright; 
(h) proceedings brought to obtain disclosure 
ofinformation relating to any infringement 
of su ch rights; and 
(c) proceedings brought to prevent any 
apprehended infringement of such rights. 
(4) Subject to sub-section (5), no statement or 
admission made by a person -
(a) in answering a question put to him in any 
proceeding to which sub-section (2) applies; 
or 
(h) 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 sub-section (4) shall render any 
statement or admission made by a person as therein 
mentioned inadmissible in evidence against that persan in 
proceedings for in jury or contempt of court. 
(6) Any reference in this section to civil proceedings 
in the Supreme Court ofany description includes a reference 
to proceedings on appeal arising out of civil proceedings 
in the Supreme Court of that description. Provision for 
restrictlng 
importation of 
Infringlng 
copies. IPIN/1/BLZ/C/1 
Page 71 
51. (1) The owner of the copyright in any published 
literary or musical work or in any film or published sound 
recording may give notice in writing to the Comptroller 
of Customs -
(a) that he is the owner ofthe copyright in the 
work, film or sound recording, and 
(b) that he requests the Comptroller, during a 
period specified in the notice, to treat as 
prohibited goods copies of the work, filrp 
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 may subsist. 
(2) This section applies, in the case of a literary or 
musical work, film or sound recording, to any copy made 
outside Belize which is an infringing copy of the work, film 
or sound recording. 
(3) Where a notice has been given under this section 
in respect of a literary or musical work, film or sound 
recording, and has not been withdrawn, the importation int~. 
Belize, at a time before the end of the period specified i._~ 
the notice, ofany copy of the work, film or sound recording 
to which this section applies shaH, subject to the following 
provisions ofthis section, be prohibited; but this subsection 
shall not apply to the importation ofany article by a person 
for his private and domestic use. 
(4) The owner of the copyright in a literary or 
musical work, film or sound recording who gives notice 
. to the Comptroller under this section shall comply with such 
conditions with respect to -IP/N/l/BLZ/C/l 
Page 72 
(i) the form of :.thè notice; 
(U) the furnishing of evidence, whether 
on giving notice, or on the importation 
of the goods, or at both such times; 
(Ui) the payment offees in respect of the 
notice; 
(iv) the giving of security in respect of 
any liability or expense \\Ihich the . "' .' commlssloner may Incur ln 
consequence of the notice by reason 
of the detention of any article or 
anything done to an article detained; 
(v) the indemnification of the Comptroller 
against any liability or expenses, 
whether security has been given or 
not; and 
(vi) any other incidental or supplementary 
matters, 
as may be prescribed, and different provisions may 
be prescribed for different classes of cases. 
(5) Notwithstanding anything in the Customs 
Regulation Act, a person sha1l not be liable to any penalty CAP. 39. 
under that Act (other than forfeiture of the goods) by reason 
that any goodsare treated as prohibited goods by virtue 
of this section. 
OfTences 
52. (1) Any person who, without the licence of the 
copyright owner, at a time when copyright in a work 
subsists by virtue of this Act -Penalties ln 
respect of 
dealings whlch 
infringe 
copyright. (a) makes for sale or hire; or IPlNllIBLZ/C/l 
Page 73 
(h) in the course of a business sells or lets for 
hire, or offers or exposes for sale or hire, 
exhibits in public or distributes; or 
(c) imports into Belize for purposes other th an 
his private and domestic use; or 
(d) distributes otherwise th an in the course of 
a business to such an extent as to affect 
prejudicially the owner of the copyright; 
or 
(e) possesses in the course of business with a 
view to committing any act infringing the 
copyright, 
any article which he knows or has reason to believe 
is an infringing copy of that work, commits an 
offence. 
(2) Any person 'who, at the time when copyright 
subsists in a work by virtue of this Act makes or has in 
his possession an article specifically designed or adapted 
for making copies of a particular protected work, knowing 
that it is to be used for making infringing copies for sale 
or hire or for use in the course of business, commits an 
offence. 
(3) Any person who causes 
(a) a literary, dramatic or musical work to be 
performed in public; or 
(h) a sound recording or film to be played, or 
as the case may be, shown in public; 
(otherwise than by reception of a broadcast or cable 
programme) knowing or having reason to believe IP /N/IIBLZ/C/1 
Page 74 
that copyright subsists in the work or that the 
performance constitutes an infringement of the 
copyright, commits an offence. 
(4) Any person who is guilty of an offence under 
sub-section (1) shall be liable on summary conviction in 
the case of a first conviction, to a fine not exceeding one 
thousand dollars for each article to which the offence 
related, and in the case of any subsequent conviction, to 
a fine not exceeding one thousand five hundred dollars for 
each such article, or to imprisonment for a term not exceeding 
Lwelve months. 
(5) Any pers on who is guilty of an offence under 
sub-section (2) or sub-section (3) shall be liable on summary 
conviction in the case of a first conviction, to a fine not 
exceeding three thousand dollars and in the case of any 
subsequent conviction, to a fine not exceeding five thousand 
dollars or to imprisonment for a term not exceeding two 
years. 
53. The presumptions specified in sections and 49 do . 
not apply ta proceedings for an offence under section 52, 
but without prejudice to their application in proceedings 
for an arder under section 54. 
54. (1) Subject to sub-section (2), the court before 
which proceedings are brought against a persan for an 
offence under section 52 may, if it is satisfied that at the 
time of his arrest or charge -
(a) he had in his possession, custody or control 
in the course of a business an infringing 
copy of a protected work; or 
(h) he had in his possession, custody or control 
an article specifically designed or adapted 
for making copies of a particular protected 
work knowing or having reason to believe PresullIptions 
not to apply. 
Order to 
deUver up in 
crimillal 
proceedillgs. Dcruùtions. IPIN/l/BLZ/CIl 
Page 75 
that it had been or.was to be used to make 
infringing copies, 
order that the infringing copy or article be delivered 
up to the copyright owner or ta such other person 
as the court may direct. 
(2) An order may be made by the court of its own 
motion or on the application of the prosecution and may 
be made whether or not the person is convicted of the 
offence, so, however, that the court shall not make an order-
(a) after the time specified in Section 136; or 
(h) if it appears to the court unlikely that any 
order will be made under Section 135. 
(3) An appeal lies from an order made under this 
section by a defendant to the Supreme Court. 
(4) A person ta whom an infringing copy or other 
article is delivered up in pursuance of an order under this 
section shall retain it pending the making of an order or 
the decision not to make an arder under section 13 5. 
PART VI 
EXCEPTIONS TO INFRINGEMENTS OF 
COPYRIGHT 
Preliminary 
55. For the purposes of this Part -
"facsimile copy" includes a copy which is reduced 
or enlarged in seale; 
"reprographie process" means a process -
(a) for making facsimile copies, or IP/NIl/BLZ/C/l 
Page 76 
(h) involving the use ofan appliance for making 
multiple copies, 
and includes, in relation to a work held in electronic 
form, any copying by electronic means, but does not 
include the making of a film or sound recording; 
Il suffi cie n tac k n 0 w 1 e d g e men t Il me ans an 
acknowledgement identifying the work 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. 
General Exceptions 
56. (1) Subject to sub-section (2) and section 58, fair 
dealing with a protected work for the purposes of research 
or private study does not infringe copyright in the work. 
(2) Copying by a persan other than the researcher 
or student himself is not fair dealing if -
(a) in the case ofa librarian, or a person acting 
on behalf of a librarian, he does anything 
which Regulations under section 66 would 
not permit ta be done '.Ider section 67 or 
68 (articles or parts of published works: 
restriction on multiple copies of same 
material), or 
(h) in any other case, the persan doing the 
copying knows or has reason to believe 
that it will result in copies of substantially 
the same material being provided to more 
th an one persan at substantially the same 
time and for substantially the same purpose. Resca rch and 
private stud)'. Crltlclsm, 
rcvlcwand 
reportlng. 
Dctennining 
fair dcaling. 
Ine/dcntal 
inclusion of , 
protedcd 
work. IP/N/1/BLZ/C/1 
Page 77 
57. Subject to section 58, fair dealing with a work for 
the purpose of criticism or review, oftpat or another work 
or of a performance of a work, does not infringe any 
copyright in the work provided it is accompanied by a 
sufilcient acknowledgement. 
(2) Subject to sub-section (3) and section 58, fair 
dealing with a protected work (other th an a photograph) 
for the purpose ofreporting current events does not infringe 
copyright in the work so long as it is accompanied by a 
sufilcient acknowledgement. 
(3) No acknowledgement is required in connection 
with the reporting of current -events by means of a sound 
recording, film, broadcast or cable programme. 
58. For the purpose of determining whether an act done 
in relation to a work constitutes fair dealing, the court 
determining the question shall take account of ail factors 
which appear to it to be relevant, including -
(a) the nature of the work in question; 
(h) the extent and substantiality ofthat part of 
the work affected by the act in relation to 
the whole of the work; 
(c) the cffect of the act upon the potential 
market for, or the commercial value of, the 
work; and 
(d) the purpose and character of the use. 
59. Copyright in a work is not infringed -
(a) by its incidental inclusion in an artlstlc 
work, sound recording, film, broadcast or 
cable programme; or IP/N/lIBLZ/C/1 
Page 78 
(h) by the issue to the public of copies or the 
playing, showing, broadcasting or inclusion 
in a cable programme service of anything 
whose making was not an infringement of 
copyright by virtue of paragraph (a), 
and for the purposes ofthis section, a musical work, 
words spoken or sung with music, or so much of 
a sound recording, broadcast or cable programme 
as inCludes a musical work or su ch words, shall not 
be regarded as incidentally included ifit is deliberately 
inc\uded. 
Use of \York for Educational Purposes 
60. CI) Copyright in a literary, dramatic, musical or 
artistic work is not infringed by its being copied in the 
course of instruction or of preparation for instruction, 
provided the copying is done by a person giving or receiving 
instruction and is not by means of a reprographie process. 
(2) Copyright in a sound recording, film, broadcast 
or cable programme is not infringed by its being copied by 
making a film or film sound-track in the course ofinstruction 
or of preparation for instruction in the making of films or 
film sound-tracks, provided the copying is done by a persan 
giving or receiving instruction. 
(3) Copyright in a work is not infringed by anything 
done for thepurposes of an examination by way of setting 
the questions, communicating the questions to candidates 
or answering the questions. 
61. (1) The inclusion, in a collection intended for use 
in educational institutions, ofa short passagefrom a published 
literary or dramatic work does not infringe copyright in the 
work if-Acis donc for 
pllrposcs of 
instruction or 
examination. 
Anthologies for 
cd lIcational 
use. PerformlJJg, 
playlng or 
shoWing works IP /Nil /BLZ/CIl 
Page 79 
(a) the collection is described in the title and 
in any advertisements thereof issued by or 
on behalf of the publisher, as being so 
intended; 
(b) the work was not itself published for the 
use of educational institutions; 
(c) the collection consists mainly of material 
in which no copyright subsists; 
(d) . not more than one other such passage or 
part from works by the same author is 
published by the same publisher within the 
period offive years immediately preceding 
the publication of that collection; and 
(e) the inclusion is accompanied by a sufficient 
acknowledgement. 
(2) Sub-section (1) does not authorise the inclusion 
of more than two excerpts from protected works by the 
same author in collections published by the same publisher 
over any period of five years. 
(3) In relation to any given passage, the reference 
in sub-section (2) ta excerpts from works by the same 
author -
(a) shall be taken to include excerpts from 
works by him in collaboration with another; 
and 
(h) if the passage in question is from such a 
work, shall be taken to include excerpts 
from works by any of the authors, whether 
alone or in collaboration with another. 
62. (1) Theperformanceofaliterary, dramaticormusical 
work before an audience consisting ofteachers and pupils IP/N/l/BLZ/C/l 
Page 80 
at an educational establishment and other persons directly 
connected with the activiües of the establishment -
(a) by a teacher or pu pi! in the course of the 
activities of the establishment, or 
(b) at the establishment by any person for the 
purposes of instruction, 
is not a public performance for the purposes of 
infringement of copyright. 
(2) The playing or showing of a sound recording, 
fllm, broadcast or cable programme before such an audience 
at an educational establishment for the purposes of 
instruction is not a playing or showing of the work in public 
for the purposes of infringement of copyright. 
(3) A person is not for this purpose directly connected 
with the activities of the educational establishment simply 
because he is the parent of the pupil at the establishment. 
63. (1) Subject ta sub-section (2), a recording of a 
broadcast or cable programme or a copy ofsuch a recording 
may be made by or on behalfofan educational establishment 
for the educational purposes of that establishment without 
thereby infringing the copyright in the broadcast or cable 
programme or in any work inc1uded in it. 
(2) Sub-section (1) shall not apply ifor ta the extent 
that, there is a licensing scheme under which licences are 
available authorising the making of such recordings or 
copies, and the person making the recordings knows or 
ought ta have been aware of that fact. 
64. (1) Subject to the provisions of this section, 
reprographie copies of passages from published literary, 
dramatic or musical work may be made by or on behalf of ln course of 
activltles of 
ed ucatlonal 
establishment. 
Recording of 
brondcasts, 
etc., at 
educational 
establishments. 
Restriction on 
reprographie 
copyright from 
published 
works. Subsequent 
dealings with 
authorised 
copies. 
Interpretation 
of referellces; 
regulatiolls. IP/N/l/BLZ/C/1 
Page 81 
an educational establishment for the purposes ofinstruction 
without infringing ,any copyright in the work or in the 
typographical arrangement. 
(2) Not more th an five per cent of any work may 
be copied by or on behalf of an edllcational establishment 
by virtue of this section in any quarter, that is to say, in 
any period lst Janllary to 31st March, lst April to 30th 
June, 1st July to 30th September or lst October ta 31st 
Deeember. 
(3) Copying is not authorised by this section if, or 
ta the extent that, there is a lieensing scheme under whieh 
licences are available allthorising the copying in question 
and the person making the copies know or ought ta have 
been aware of that facto 
(4) Where a licence Îs granted to an educational 
institution authorising the reprographie copying ofpassages 
from any published literary, dramatic or musical work, for 
use by the institution, then, any term of that licence which 
purports to restrÎct the proportion of work which may be 
copied (whether on payment or free of charge) to less than 
that permitted under this section shall be of no effect. 
65. (1) Where a copy of a work would be an infringing 
copy if the making thereof were not authorised under 
sections 60, 63 and 64 and such copy is subsequently dealt 
with, it shall be treated as an infringing copy for the 
purposes of that dealing, and if that dealing infringes 
copyright, for ail subsequent purposes. 
(2) In sub-section (1) "dealt with" means solet or 
let for hire or offered or exposed for sale or hire. 
Exceptions affecting Libraries and Archives 
66. (1) In sections 67 to 70 references to the librarian 
or archivist include references to a person acting on his 
behalf. IP/N/l/BLZ/C/1 
Page 82 
(2) Regulations may provide that a librarian or 
archivist who is required to be satisfied as to a matter before 
making or supplying a copy of a work -
(a) is entitled to rely on a declaration as to that 
matter, signed by the person requesting the 
copy, unless he is aware that the declaration 
is false in any material particular; and 
(h) in such cases as may be prescribed, shall 
not make or supply a copy to any persan 
in the absence of a declaration by that 
person. 
(3) Where a person requesting a copy makes a 
declaration that is false in a material particular and is 
supplied with a capy which would have been an infringing 
copy if made by him, that person shall be liable for 
infringement of copyright as if he had made the copy 
himself, and the copy supplied shaH be treated as an infringing 
copy. 
67. (1) The librarian of a prescribed library or archive 
may, if the prescribed conditions are compiled with -SlIpply by 
librarian of 
copies of 
publishcd 
(a) make and supply a copy of an article in a work. 
periodical; or 
(h) make and supply from a published edition, 
a copy of part of a literary, dramatic work 
or musical work, not being an article in a 
periodical, 
without infringing any copyright subsisting in the 
text of the article or in the work, as the case rnay 
be, or in any illustrations accompanying such article 
or work, or in the typographical arrangement thereof. 
(2) The conditions prescribed pursuant to subsection 
(I) shall include the following -· (a) that copies shall be suppliedonlyto persons 
satisfying the librarian that they require 
them for purposes of research or private 
study, and will not use them for any other 
purpose; 
(h) in relation to an article, that no person shall 
be furnished with more than one article 
contained in the same issue ofa periodical; 
(c) in relation to a work referred to in paragraph· 
(b) of sub-section (1), that no person shaH 
be furnished \vith more than one copy of 
the same material or ofa copy ofmore than 
a reasonable proportion of any work: 
(d) that persons to whom copies are supplied 
are required to pay for them a sum not less 
than the cost (incJuding a contribution to 
the general expenses of the library) 
attributable to their production; 
(e) that a copy shall be supplied only to a 
person satisfying the librarian that his 
requirement is not related to any similar 
requirement of another person; 
(f) that requirements shall be regarded as 
similar if the requirements are for copies 
of substantially the same material at 
substantially the same time and for 
substantially the same purpose; and 
(g) that requirements of persons shall be 
regarded as related ifthose persons receive 
instruction to which the material is relevant 
at the same time and place. IP/N/lIBLZ/CIl 
Page 83 IPINIlIBLZ!C/I 
Page 84 
68. (1) The librarian of a prescribed library or archive 
may if the prescribed conditions are complied with, make 
and supply to another prescribed library or archive a copy 
of -
(a) an article in a periodical; or 
(h) the whole or part of a published edition 
literary, dramatic, musical, or artistic work, 
of a literary, dramatic, musical, or artistic 
work, 
without infringing any copyright in the text of the 
article or the work, or in any illu strations 
accompanying su ch article or work or, in the case 
of a published edition, in the typographical 
arrangement. 
(2) Paragraph (h) of sub-section (1) shall not apply 
if, at the time the copy is made, the librarian making it knows 
or could, by reasonable inquiry, ascertain the name and 
address of a person entitled to authorise the making of the 
copy. 
69. (1) The librarian of a prescribed library or archive 
may, if the prescribed conditions arecomplied with, make 
a copy from any item in the permanent collection of the 
library or archive for the purpose of -
(a) preserving or replacing the item by placing 
the copy in such permanent collection in 
addition to or in place of the item; or 
(h) replacing in the permanent collection of 
another prescribed iibrary or archive an 
item which has been lost, destroyed or 
damaged, Supplyof 
copies to other 
librarles. 
HeplafÎng 
copies of 
works. Copying or 
unpublishcd 
work. IPIN/l/BLZ/CIl 
Page 85 
. without infringing the copyright in any literary, 
dramatic or musical work, in any illustrations 
accompanying such a work or, in the case of a 
published edition, in the typographical arrangement. 
(2) The prescribed conditions shaH include provisions 
restricting the making of copies to cases where it is not 
reasonably practicable to purchase a copy of the item in 
question for the purpose. 
70. (1) Subject to sub-section (2), the librarian of a 
prescribed library or archive may, iftile prescribed conditions 
are complied with, make and supply a copy of the whole 
or part of a literary, dramatic or musical work from a 
document in the library or ar.chive without infringing any 
copyright in the work or in any illustrations accompanying 
it. 
(2) Sub-section (1) shall not apply where -
(a) the work is published at the time when the 
copies are made; or 
(h) the copyright owner has prohibited copying 
of the work, 
and at the time ofthe making of the copy the librarian 
ought to have been aware of that fa ci. 
(3) The prescribed conditions shall include the 
following -
(a) that copies are supplied only to persons 
satisfying the librarian that they require 
them for purposes of research or private 
study and will not use them for any other 
purpose; IP/N/1/BLZ/C/l 
Page 86 
(h) that no person is furnished with any more 
than one copy of the same material; and 
(c) that person to whom copies are supplied 
are required to pay for them a sum not less 
than the cost (inc1uding a contribution to 
the generaI expenses of the library or 
archive) attributable to their production. 
Exceptions Relating to Public Administration 
71. (1) Copyright in a work is not infringed by anything 
done for the purposes of parliamentary or judicial 
proceedings or, subject to sub-section (3), for the purposes 
of reporting such proceedings. 
(2) Copyright in a work is not infringed by anything 
done for the pUl'poses of the proceedings of a statutory 
inquiry or, subject to sub-section (3), for the purposes of 
reporting any such proceedings held in public. 
(3) The provisions ofsub-sections (I) and (:2) relating 
to the reporting of proceedings shall not be construed as 
authorising the copying ofa work which is itselfa published 
report of the proceedings. 
(4) Copyright in a work is not infringed by the issue 
[Q the public of copies of the report of a statutory inquiry 
containing the work or material from it. 
(5) In this section, "statutory inquiry" means an 
inquiry held or investigation conducted in pursuance of a 
dut y imposed or power conferred by or under an enactment. Parliamentary 
and Judiclal 
proceedlngs 
and statutory 
Inquhies, 
72. Where any protected work or a reproduction of any Public records, 
such work is comprised in any public record which is under 
the charge of the Keeper of the Records and is open to 
public inspection, the copyright in the work is not infringed Design 
docwnents and 
models. 
Where design 
derlved from 
artlstlc work Is 
exploited. IP/N/lIBLZ/C/l 
Page 87 
by the making or supplying to any person of any copy of 
the work by or under the direction of any officer authorised 
by the Keeper of Records. 
Designs 
73. (1) It is not an infringement of any copyright in a 
design document or in a model that records or embodies 
a design for anything (except an artistic work or a typeface) 
ta make an article ta the design or ta copy an article made 
ta the. design. 
(2) It is not an infringement ofany copyright to issue 
ta the public or ta include in a film, broadcast or cable 
programme service anything the making of which was, by 
virtue ofsubsection (l), not an infringement ofthat copyright. 
(3) In this section -
"design" means the design ofany aspect of the shape 
or configuration (whether internaI or external) of 
the whole or part of an article, other th an surface 
decoration; and 
"design document" means any record of a design, 
whether in the form of a drawing, ·a written 
description, a photograph, datastored in a computer­
or otherwise. 
74. (1) Where an artistic work has been exploited by 
or with the licence of the copyright owner by -
(a) making by an industrial process articles 
faIIing to be treated under this Act as 
copies of the work; and 
(b) marketing such articles in Belize or 
elsewhere, IP/N/1/BLZ/C/l 
Page 88 
then, after the end of the period oftwenty-five years 
from the end of the calendar year in which such 
articles are first marketed, a person may, without 
infringing copyright in the work, copy the work by 
making articles of any description or by doing 
anything for the purpose of making articles of any 
description, or by doing anything in relation to 
articles so made. 
(2) Where only part of an artistic work is exploited 
in the manner described in sub-section (1), then, the 
provisions of that subsection apply only in relation to that 
part. 
(3) The Minister may by Order make provision -
(a) as to the circumstances in which an article 
or any description of an article is to be 
regarded for the purposes of this section 
as made by an industrial process; 
(b) excluding from the operation ofthis section 
such articles ofa primarily literary or artistic 
character as he thinks fit. 
(4) In this section -
(a) references to articles do not include films; 
and 
(h) references to the marketing of an article 
are to its being sold or let for hire or offered 
or exposed for sale or hire. 
Exception Relllting to Works in Electronic Form 
75. (1) Where a work in electronic form has been 
purchased on terms which expressly or impliedly or by Transfer of 
works in 
e1edron/c 
forlll. Statutory 
licences: 
recordings for 
broadcasting; IP/NIl/BLZ/C/l 
Page 89 
virtue of any rule of law, allow the purchaser to copy the 
work or ta adapt it or to make copies of an adaptation in 
connection with his use of it, then, in the absence of any 
express terms -
(a) prohibiting the transfer of the copy by the 
purchaser or imposing obligations which 
continue after a transfer, or prohibiting the 
assignment of any licence or terminating 
any licence on a transfer; or 
(h) providing for the terms on which a 
transferee may do the things which the 
purchaser was permitted to do, 
anything which the purchaser was allowed ta do may 
also be do ne by a transferee without infringement 
of copyright. 
(2) Any copy, adaptation or copy of an adaptation 
made by the purchaser which is not also transferred shall, 
after the transfer, be treated as an infringing copy for ail 
purposes. 
(3) Sub-sectÎons (1) and (2) apply where the original 
purchased copy Îs no longer usable and what is transferred 
is a further copy used in its place. 
(4) This section applies also on asubsequent transfer, 
with the substitution for references in sub-section (2) to 
the purchaser of references ta the subsequent transferor. 
Miscellaneous Exceptions relating to Literary, 
Dramatic, Musical and Artistic Works 
76. (1) Where by virtue of an assignment or licence a 
person is authorised ta broadcast or incJude in a cable 
programme service, a literary, dramatic, musical or artistic IP/N/l/BLZ/C/l 
Page 90 
work or a film or sound recording from a place in Belize 
but (apart from this sub-section) would not be entitled to 
make copies of it, then, subject to the conditions specified 
in sub-section (2), the authority contained in the assignment 
or licence shall be deemed to extend to making one copy 
only for the purposes, and subject to the conditions, in sub­
section (2). 
(2) Sub-section (l) shall apply only if the following 
conditions are satisfied -
(a) the copy shall not be used for making any 
further copies or for any other purpose 
except either for broadcasting or inclusion 
in a cable programme service in accordance 
with the assignment or licence, or for 
archivaI purposes; and 
(h) the copy (unless kept for archivaI purposes) 
shall be destroyed before the end of the 
period of ninety days beginning with the 
day on which it is first used for broadcasting 
or included in a cable programme service 
in pursuance of the assignment or licence, 
or such extended period (if any) as may be 
agreed between the person who made the 
copy and the person who (in relation to the 
making of copies of the description in 
question) is the owner of the copyright. 
(3) A copy made in accordance with sub-section (1) 
shall be treated as an infringing copy -
(a) for the purposes of any use in breach of 
condition (a) of sub-section (2), and 
(h) for all purposes after that condition or 
condition (h) of sub-section (2) has been 
broken. making or 
records; IP/N/1/BLZ/C/l 
Page 91 
(4) Where records of a literary, dramatic or musical 
work have, with the licence of the owner of the copyright 
in the work, been previously made in Belize or imported 
into Belize, for the purposes ofretail sale, then, any person 
may after the expiry of the period offour months immediately 
following upon the date of the first authorised manufacture 
in, or importation into, Belize of such records, and without 
first obtaining a licence from the owner of the copyright 
in the work, make or authorise the making of records of 
it provided that -
(a) the persan intends ta sel! the records by 
retail, or ta supply them for the purpose 
of being sold by retail by another persan, 
or intends ta use them for making other 
records which are ta be sold or supplied; 
and 
(h) the person pays royalties calculated at the 
prescribed rates; and 
(c) the persan complies with such conditions 
relating ta notice, method and time of 
payment, administration of royalties paid 
and other matters, as may be prescribed; 
and 
(d) the persan who makes or authorises the 
making of records pursuant to this sub­
section shal! not make or authorise the 
making of any alterations in, or omissions 
from the work, unless records ofthat work 
containing similar alterations and omissions 
have been previously made by, or with the 
licence of, the owner of the copyright or 
unless such alterations and omission are 
reasonably necessary for the adaptation of 
the work to the record in question. IPIN/1/BLZ/C/l 
Page 92 
(5) Where aliterary, dramatic, musical or artistic 
work or film or sound recording is broadcast with the 
licence of the copyright owner, any person may, without 
obtaining the licence of the copyright owner incorporate 
(by means of the reception of the broadcast) the work in 
a cable programme service: 
Provided that -
(a) the transmission by the cable service takes 
place simultaneously with the reception of 
the broadcast; and 
(h) the programme in which the literary, 
dramatic, musical or artistic work or film 
or sound recording is incorporated, is 
transmitted without any alteration of any 
kind; and 
(c) the copyright owner shaH be entitled to 
receivefrom the person providing the cable 
programme service, equitable remuneration 
in respect of the transmission, to be fixed 
in default of agreement, by the Supreme 
Court, 
and for the purposes ofthis sub-section, an alteration 
to a programme inc\udes the addition thereto ofnew 
material not contained in the programme as 
broadcast, or the omission from the transmission of 
any material contained in the programme as 
broadcast; and the term "material" includes a 
commercial advertisement. 
77. (1) The reading or recitation in public of any 
reasonable extract from a published literary or dramatic 
work is not an infringement of copyright in the work, if 
accompanied by a sufficient acknowledgement. Simultaneous 
transmission 
by cable of 
broadcast 
programmes. 
Reading or 
recitation ln 
publi('. Representation 
of artistic 
wO"ks on 
public display. 
Reconstruction 
of build ings. IP/N/l/BLZ/C/1 
Page 93 
(2) Copyright in a work is not infringed by the 
making ofa sound recording, or the broadcasting or inclusion 
in a cable programme service of a reading or recitation 
which, by virtue of sub-section (1), does not infringe 
copyright in the work, provided that the recording, broadcast 
or cable programme consists mainly of material in relation 
to which It is not necessary to rely on that subsection. 
78. (1) This section applies to -
by -(a) buildings; 
(h) sculptures, models ofbuildings and works 
of artistic craftsmanship, if permanently 
situated in a public place or in premises 
open to the public. 
(2) The copyright in such a work is not infringed 
(a) making a graphie work representing it; 
(b) making a photograph or film of it; or 
(c) broadcasting or including in a cable 
programme service a visual image of it. 
(3) The copyright in such a work is not infringed 
by the issue to the public of copies, or the broadcasting 
or inclusion in a cable programme service, of anything 
whose making was, by virtue of this section, not an 
infringement of copyright. 
79. Anything done for the purposes of reconstructing 
a building does not infringe any copyright in the building 
or in any drawings or plans in accordance with which the 
building was, by or with the licence of the copyright owner, 
constructed. IPINIlIBLZ/CI1 
Page 94 
80. Where the author of an artistic work is not the 
copyright owner, he does not infringe the copyright in the 
work by copying it in making another artistic work, provided 
he do es not repeat or imitate the main design of the earlier 
work. 
Miscellaneous Exceptions Respecting Broadcasts 
81. Copyright is not infringed by the making or use by 
a prescribyd broadcasting organisation for the purpose of 
. n\aintaining supervision and control over programmes, of 
recordings of those programmes. 
82. The making for private and domestic use of a 
recording of a broadcast or cable programme solely for the 
purpose of enabling it to be viewed or listened to at a more 
convenient time does not infringe any copyright in the 
broadcast or cable programme or in any work included in 
it. 
83. (1) A designated body may, for the purpose of 
providing people who are hearing-impaired, or physically 
or mentally handicapped in other ways, with copies which 
are sub-titled or otherwise modified for their special needs, 
make copies oftelevision broadcasts or cable programmes 
\lnd issue copies to the public, without infringing any 
copyright in the broadcasts or cable programmes or works 
included in them. 
(2) A "designated body" means a body designated 
for the purposes of this section by Order of the Minister, 
who shall not designate a body unless he is satistied that 
it is not established or conducted for profit. 
(3) An Order made under sub-section (1) shall be 
subject to negative resolution by the House of 
Representatives. Subsequent 
work by same 
artlst. 
Recordlng 
broadcash for 
programme 
supervision. 
Recordlng for 
purposes of 
tlme shilling. 
Provision of 
subtltled copies 
of broadcast or 
cable 
programme. Adaptations. 
Power of 
Mlnlster to 
prescribe 
exceptions to 
Infringemcnt. Adaptations IP /N/lfBLZIC/1 
Page 95 
84. An act whichby virtue of this Part may be done 
without infringing copyright in a literary, dramatic or musical 
work does not, where that work is an adaptation, infringe 
any copyright in the work from which the adaptation was 
made. 
Prescribed Exceptions 
85.'(1) The Minister may, by Order, provide that the 
copyright in a work, or in works within a category, specified 
in the Order is not infringed where in relation to such work, 
or works, such acts as are specified in the Order are done 
in certain circumstances specified in the Order. 
(2) An Order made under sub-section (1) may -
(a) contain such consequential, supplemental 
or ancillary provisions as appear to the 
Minister to be necessary or expedient for 
the purpose of giving due effect to the 
order; 
(b) after consultation with the National Arts 
Council and other bodies representing 
artists, writers, composers and p'erformers, 
prescribe a formula for the calculation of 
the amount which shall be paid by way of 
equitable remuneration to the owner of the 
copyright in any work to which the order 
relates. 
(3) No Order may be made under this section unless 
the Minister is satisfied -
(a) that the acts specified are to be done in 
connection with an event of national 
importance, and IP/N/1/BLZ/CII 
Page 96 
(b) that the effect of the Order would not 
contravene any convention relating to 
copyright to which Belize is a party. 
PART VII 
COPYRIGHT LICENSING 
Licensing schemes and licensing bodies 
86. Subject to this Act, the Supreme Court shall have 
jurisdiction -
(i) to determine any dispute which may 
be referred to it pursuant to any 
provision of this Part; 
(U) to fix the amount of equitable 
remuneration or compensation which 
by any provision ofthisAct is required 
to be fixed by the S.upreme Court, in 
any case where there has been no 
agreement between a person and the 
owner of the copyright as to the 
amount of remuneration or 
compensation payable in respect of 
the use of the work or performance; 
and 
(iii) to grant consent on behalf of a 
performer pursuant to section 134. 
87. (1) The procedure regulating the making of 
references and applications to the Supreme Court and 
proceedings before the Supreme Court arising out of the 
jurisdiction conferred on the Supreme Court by this Part, 
and as to the fees chargeable in respect ofthose proceedings 
sha1l be prescribed by rules of court. . Jurlsdlction of 
Supreme 
Court. 
Procedure ln 
proceedlngs 
before 
Supreme 
Court. Licenslng 
schcmes and 
Uccnslng 
bodies. IPIN/lIBLZ/CIl 
Page 97 
(2) The Supreme Court may order that the costs or 
expenses of any proceedings before it under this Part which 
are. incurredby any party shaH be paid by any other party 
and may tax or settle the or direct in what manner they 
are ta be taxed. 
(3) Where -
(a) the Supreme Court makes an order by way 
ofthis Part, the Supreme Court may, in its 
discretion, direct that the order shall havt" 
effect retroactively to such 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 Suprerne Court; 
(h) the Suprerne Court fixes an amount of 
equitable remuneration or compensation 
pursuant to paragraph (ii) of section 86, 
the Court may also give directions as to 
the method and time of payment and may 
stipulate such other conditions ofpayment 
as it considers reasonable. 
88. (1) For the purposes of this Act -
(a) "copyright licence" means a licence to do, 
or authorise the doing of, any of the acts 
restricted by copyright in relation to works 
of more th an orie author; 
(h) IIlicensing body" means a society or other 
organisation which has as its main object, 
or one of its main objects, the negotiation 
or granting, either as owner or prospective 
owner of copyrightoras agent for him, of 
copyright licences, and whoseobjects IP/N/l/BLZ/C/l 
Page 98 
include the granting of licences covering 
works of more than one author; 
(c) "licensing schemell means a scheme 
operated by a licensing body setting out -
(i) the classes of case in which the 
licensing body, or the persons on 
whose behalf it acts, is willing to 
grant copyright licenses; and 
(ii) the terms on which licences would be 
granted in those classes of case, 
and for this purpose a "scheme" includes anything 
in the nature of a scheme, wh ether described as a 
scheme or as a tariff or by any other name; 
(2) References in this Part to licences or licensing 
schemes covering works of more than one author do not 
include licences or schemes covering only -
(a) a single collective work or collective works 
of which the authors are the same, or 
(b) works made by, or by employees of or 
commissioned by, a single individual, firm, 
company or group of companies. 
(3) For the purpose of subsection (2)(b) "groupll in 
relation to a company means that company and-
(a) any other company which is its holding 
company or subsidiary; 
(b) any other company which is subsidiary of 
the holding company; Licensing 
schemes 10 
which ss. 90 to 
95 npply. IP/NI1/BLZ/C/1 
Page 99 
(c) any company which directly or indirectly 
controls or is controlled by any company 
referred to in paragraph (a) or (b); and 
(d) any companywhich is controlled by a person 
who directly or indirectly contraIs a 
company referred to in paragraph (a), (b) 
or (c). 
References and applications with 
respect to licensing schemes 
89. Sections 90 to 95 (references and applications with 
respect to licensing schemes) apply to -
(a) licensing schemes in relation to the 
copyright in literary, dramatic, musical or 
artistic works or films (or film sound-tracks 
when accompanying a film) which cover 
works of more than one author, so far as 
they relate to licences for -
(i) copying the work, 
(ii) performing, playing or showing the 
work in public, or 
(iii) broadcasting the work or including it 
in a cable programme service; 
(h) ail licensing schemes in relation to the 
copyright in sound recordings (other than 
film sound-tracks when accompanying a 
film), broadcasts or cable programmes, or 
the typographical arrangement ofpublished 
editions; and 
(c) ail Iicensing schemes in relation to the 
copyright in as they relate to licences for 
the rentaI of copies ta the public; IP/N/1/BLZ/CII 
Page 100 
and in those sections "licensing scheme" means a 
licensing scheme of any of those descriptions. 
90. (1) The terms of a licensing a scheme proposed ta 
be operated by a licensing body may be referred ta the 
Supreme Court by an organisation claiming to be 
representative ofpersons claimi ng that they require.licences 
in cases of a description to which the scheme would apply, 
either generally or in relation ta any description of case. 
(2) The Court shall first decide whether ta entertain 
the reference, and may decline ta do sa on the ground that 
the reference is premature. 
(3) If the Court decides to entertain the reference 
it shall consider the matter referred and make such order, 
either confirming or varying the proposed scheme, either 
generally or sa far as it relates ta cases of the description 
ta which the reference relates, as the Court may determine 
ta be reasonable in the circumstances. 
(4) The arder may be made sa as ta be in force 
indefinitely or for such period as the Court may determine. 
91. (1) If while a licensing scheme is in operation a 
dispute arises between the licensing body and -
(a) a persan claiming that he requires a licence 
in a case of a description ta which the 
scheme applies, or 
(h) an organi sa ti on cl aimi ng to be 
representative of such persans, 
that persan or organisation may refer the scheme 
'to the Supreme Court in sa far as it relates to cases 
of that description. Reference of 
proposl.'d 
liccnslng 
schcme to 
Suprcme 
Court. 
Reference of 
existing 
lirensing 
schellle 10 
Supreme 
COUI·t. Further 
rt'faence jo 
Suprcmc 
Court. IPIN/lIBLZ/CIl 
Page 101 
(2) A scheme which has been referred ta the Court 
under this section sha1l remain in operation until proceedings 
on the reference are conc1uded. 
(3) The Court shaH consider the matter in dispute 
and make such arder, either confirming or varying the 
~cheme sa far as it relates ta cases of the description ta 
which the reference relates, as the Court may determine 
ta be reasonable in the circumstances. 
(4) The arder may be made sa as ta be in force 
indefinitely or for su ch period as the Court may determine. 
92. (1) Where the Supreme Court has on a previous 
reference of scheme a licensing scheme under section 90 
or 91, or under this section, made an arder with respect 
ta the scheme, then, while the arder remains in force -
(a) the licensing body, 
(b) a persan claiming that he requires a licence 
in a case of the description ta which the 
arder applies, or 
(c) an organisation claiming to be 
representative of such persans, 
may refer the scheme again to the Court sa far as 
it relates ta cases of that description. 
(2) A licensing scheme shaH not, except with the 
special leave of the Court, be referred again ta the Court 
in respect of the same description of cases -
(a) within twelve months from the date of the 
arder on the previous reference, or IPINIlIBLZIC/1 
Page 102 
(h) if the order was made so as to be in force 
for fifteen months or less, until the last 
three months before the expiry ofthe order. 
(3) A scheme which has been referred to the Court 
under this section shaH remain in operation until proceedings 
on the reference are concluded. 
(4) The Court shall consider the matter in dispute 
and make such arder, either confirming, varying or further 
varylng the scheme so far as it relates to cases of the 
description to which the reference relates, as the Court may 
determine ta be reasonable in the circumstances. 
(5) The order may be made so as ta be in force 
indefinitely or for su ch period as the Court may determine. 
93. (1) A persan who c\aims, in a case covered by a 
licensing scheme, that the licensing body has refused to 
grant him or procure the grant to him of a licence in 
accordance with the scheme, or has failed to do sa within 
a reasonable time after being asked, may apply ta the 
Supreme Court. 
(2) A persan who c\aims, in a case exc\uded from 
a licensing scheme, that the licensing body either -
(a) has refused ta grant him a licence or procure 
the grant to him of a licence, or has failed 
to do so within a reasonable time ofbeing 
asked, and that in the circumstances it is 
unreasonable that a licence should not be 
granted, or 
(h) proposes terms for a licence which are 
unreasonable, 
may apply ta the Supreme Court. Application for 
a grant of 
licence ln 
connection 
wi th Iiccnsing 
schcllle. Application fOI' 
revlcw of orll cr 
as to 
cntltlcment to 
licence. IP/N/lIBLZ/C/1 
Page 103 
(3) A case shall be regarded as excluded from a 
licensing scheme for the purposesof sub-section (2) if -
(a) the scheme provides forthe grant oflicences 
subject to terms excepting matters from 
the licence and the case falls within such 
an exception, or 
(h) the case is so similar to those in which 
licences are granted under the scheme that 
it is unreasonable that it should not be dealt 
with in the same way. 
(4) If the Court is satisfied that the claim is well­
founded, it shall make an arder declaring that, in respect 
ofthe matters specified in the orçler, the applicant is entitled 
to a licence on su ch terms as the Court may determine to 
be applicable in accordance with the scheme or, as the case 
may be, ta be reasonable in the circumstances. 
(5) The order may be made sa as ta be in force 
indefinitely or for such period as the Court may determine. 
94. (1) Where the Supreme Court has made an arder 
under section 92 that a persan is entitled ta a licence under 
a licensing scheme, the licensing body or the original applicant 
may apply ta the Court ta review its arder. 
(2) An application shall not be made, except with 
the special leave of the Court -
(a) within twelve months from the date of the 
arder, or of the decision on a previous 
application under this section, or 
(h) if the order was made so as to be in force 
for fifteen months or less, or as a result of 
the decision on a previous application under 
this section is due to expire within fifteen IP/N/IIBLZ/CIl 
Page 104 
months ofthat decision, until the last threé 
months before the expiry date. 
(3) The Court shaH on an application for review 
confirm or vary its arder as the Court may determine ta 
be r.easonable having regard to the terms applicable in 
accordance with the licensing scheme Of, as the case may 
be, the circumstances of the case. 
95. (1) A licensing scheme which has been confirmed 
Of varied by the Supreme Court-
(a) under section 90 (reference of terms of 
proposed scheme), or 
(h) under section 91 or 92 (reference of existing 
scheme ta Court), 
shall be in force or, as the case may be, remain in 
operation, sa far as it relates to the description of 
case in respect ofwhich the arder was made, sa long 
as the order remains in force. 
(2) White the order is in force a person who in a 
case of a class ta which the order applies -
(a) pays ta the licensing body any charges 
payable under the scheme in respect of a 
licence covering the case in question or, 
if the amount cannat be ascertained, gives 
an undeftaking ta the licensing body to pay 
them wh en ascertained, and 
(b) complies with the other terms applicable 
ta such a licence under the scheme, 
shaH be in the same position as regards infrÎr.gement 
of copyright as if he had at aIl material tÎmes been Effect of order 
of Court as to 
licensing 
scheme. IP/N/l/BLZ/C/1 
Page 105 
the holder of a licence granted by the owner of the 
copyright in question in accordance with the scheme. 
(3) The Court may direct that the arder, sa far as 
it varies the amount of charges payable, has effect from 
a date before that on which it is made, but not earlier than 
the date on which the reference was made or, if later, on 
which the scheme caine into operation. 
If such a direction is made -
(a) any necessary repayments, or further 
payments, shall be made ln respect of 
charges already paid; and 
(h) the reference in sub-section (2)(a) ta the 
charges payable under the scheme shaII be 
construed as a reference ta the charges sa 
payable by virtue of the arder. 
No such direction may be made where sub-section 
(4) below applies. 
(4) Where the Court has made an order under section 
93 (arder as ta entitlement to licence under licensing scheme) 
and the order remains in force, the person in whose favour 
the order is made shaII if he -
(a) pays ta the licensing body any charges 
payable in accordance with the arder or, 
if the amount cannot be ascertained, gives 
an undertaking to pay the charges when 
ascertained, and 
(h) complies with the other terms specified in 
the order, IPIN/1/BLZ/C/1 
Page 106 
be in the same position as regards infringement of 
copyright as if he had at ail material times been the 
holder of a licence granted by the owner of the 
copyright in question on the terms specified in the 
order. 
References and applications with respect to individua1 
licensing by licensing bodies 
96. Sections 97 to 100 (references and applications with 
respect to individual licensing by licensing bodies) apply 
to the following descriptions oflicence granted by a licensing 
body otherwise than in pursuance of a licensing scheme -
(a) licences relating to the copyright in literary, 
dramatic, musical or artistic works or films 
(or film sound-tracks when accompanying 
a film) which cover works of more than 
one author, so far as they authorise -
(i) copying the works, 
(ii) performing, playing or showing the 
works in public, or 
(iii) broadcasting the works or including 
them in a cable programme service; 
(h) licences relating to the copyright in sound 
recordings (other th an a film sound-t~~\.Gk 
when accompanying a film), broadcasrs or 
cable programmes, or the typographical 
arrangements of published editions; and 
(c) licences in relation to the copyright in 
sound recordings, films or computer 
programs so far as they relate to the rentaI 
of copies to the public; Licences to 
which SS. 97 to 
100 apply. Reference to 
Supreme Court 
of proposed 
licence. 
Referehce to 
Suprcme Court 
of exphing 
licence. IP/N/lIBLZ/C/l 
Page 107 
and in those sections a "licence" means a licence of 
any of those descriptions. 
97. (1) The terms on which a licensing body prop'oses 
to grant a licence may be referred ta the Supreme Court 
by the prospective licensee. 
(2) The Court shall first decide whether ta entertain 
the reference, and may decline to do sa on the ground that 
the reference is premature. 
(3) If the Court decides ta entertain the reference 
it shall consider the terms ofthe proposed licence and make 
such arder, either confirming or varying the terms, as it 
may determine ta be reasonable in the circumstances. 
(4) The arder may be made sa as ta be in force 
indefinitely or for such period as the Court may determine. 
98. (1) A licensee under a licence which is due ta expire, 
by emuxion of time or as a result of notice given by the 
licensing body, may apply to the Supreme Court on the 
ground that it is unreasonable in the circumstances that the 
licence should cease to be in force. 
(2) Such an application may not be made until the 
last three months before the licence is due to expire. 
(3) A licence in respect of which a reference haS' 
been made ta reference are concJuded. 
(4) If the Court finds the application well-founded, 
it shaH make an arder declaring that the licensee shaH 
continue to be entitled ta the benefit of the licence on such 
terms as the Court may determine ta be reasonable in the 
circumstances, 
(5) An arder of the Court under this section may. 
be made so as ta be in force indefinitely or for such period 
as the Court may determine. IP/N/1/BLZ/CIl 
Page 108 
99. (1) Where the Supreme Court has made an order 
under section 97 or 98, the licensing body or the person 
entitled to the benefit of the order may apply to the Court 
to review its order. 
(2) An application shall not be made, except with 
the special leave of the Court -
(a) within twelve months from the date of the 
order or of the decision on a previous 
application under this section, or 
(h) if the order was made so as to be in force 
for fifteen months or less, or as a result of 
the decision on a previous application under 
this section is due to expire within fifteen 
months ofthat decision, until the last three 
months before the expiry date. 
(3) The Court shall on an application for review 
confirm or vary its order as the Court may determine to 
be reasonable in the circumstances. 
100. (1) Where the Supreme Court has made an order 
under section 97 or 98 and the order remains in force, the 
person entitled to the benefit of the order shall if he -
(a) pays to the licensing body any charges 
payable in accordance with the order or, 
if the amount cannot be ascertained, gives 
an undertaking to pay the charges wh en 
ascertained; and 
(h) complies with the other terms specified in 
the order, 
be in the same position as regards infringement of 
copyright as if he had at ail material times been the Application for 
revlew of order 
as to IJcence. 
Effect of order 
of Supremc 
Court as to 
U<:ence. General 
considerations: 
unreasonable 
discrimination. IP/NII/BLZ/CIl 
Page 109 
holder of a .licence granted by the owner of the 
copyright in question on the terms specified in ~l1e 
order. 
(2) The benefit of the order rnay be assigned-
(a) in the case of an order under section 97, 
if assignment is not prohibited under the 
terms of the Court's order; and 
(h) in the case of an order under section 97, 
if assignment was not prohibited under the. 
terms of the original licence. 
(3) The Court may direct that an order under section 
97 or 98, or an order under section 99 varying su ch an order, 
so far as it varies the amount of charges payable, has eITect 
from a date on which the reference or application was made 
or, iflater, on which the licence was granted or, as the case 
may be, was due to expire. 
If such a direction is made -
(a) any necessary repayments, or further 
payments, shall be made In respect of 
charges already paid, and 
(h) the reference in sub-section (l)(a) to the 
charges payable in accordance with the. 
order shall be construed, where the order 
is varied by a later order, as a reference 
to the charges so payable by virtue of the 
later order. 
Factors to be taken into 
account in certain classes of case 
101. In determining what is reasonable on a reference 
or application under this Part relating to a licensing scheme 
or licence, the Supreme Court shalI have regard to-IPIN/lIBLZ/C/l 
Page 110 
(a) the availability of other schemes, or the 
granting of other licences, to other persons 
in similar circumstances; and 
(b) the terms of those schemes or licences, 
and shaH exercise its powers so as to secure that 
there is no unreasonable discrimination between 
licensees, or prospective licensees, under the scheme 
or licence to which the reference or application 
relates and licensees under other schemes operated 
by, or other licences granted by, the same person. 
102. Where a reference or application is made to the 
Supreme Court under this Part relating to the licensing of 
reprographiccopying ofpublished literary, dramatic, musical 
or artistic works, or the typographical arrangement of 
published editions, the Court shaH have regard to -
(a) the extent to which published editions of 
the works in question are otherwise 
available; 
(b) the proportion of the work to be copied; 
and 
(c) the nature of the use to which the copies 
are likely to be put. 
103. (1) This section applies to references or applications 
under this Part relating to licences for the recording by or 
on behalf of educational establishments of broadcasts or 
cable programmes which include copyright works, or the 
making of copies of such recordings, for educational 
puriJoses. 
(2) The Supreme Court shaH, in considering what 
charges (if any) should be paid for a licence, have regard Licences for 
reprographie 
copying. 
Licences for 
educatlonal 
establishments 
ln respect of 
works Included 
ln broadcasts 
or cable 
programmes. Licences to 
re fie ct 
conditions 
bnposed by 
promoten of 
events. 
Licences to 
payments ln 
respect of 
underlylng 
rights. IPlNllIBLZ/C/1 
Page 111 
to the extent to which the owners of copyright in the works 
inc1uded in the broadcast of cable programme have already 
received, or are entitled to receive, payment in respect of 
their inclusion. 
104. (1) This section applies to refyrencesor applications 
under this Part in respect of licences relating to sound 
recordings, films, broadcasts or cable programmes which 
include, or are to inc1ude, any entertainment or other event. 
(2) The Supreme Court shall have regard to any 
conditions imposed by the promoters of the entertainment 
or other event; and, in particular, the Court shall not hold 
a refusaI or failure to grant a licence to be unreasonable 
if it could not have been granted consistently with those 
conditions. 
(3) Nothing in this section shall require the Court 
to have regard to any such conditions in 50 far as they -
(a) purport to regulate the charges to be 
imposed in respect of the grant oflicences, 
or 
(b) relate to payments to be made to the 
promoters of any event in consideration of 
the grant of facilities for making the 
recording, film, broadcast or cable 
programme. 
105. (1) In considering what charges should be paid for 
a licence on a reference or application under this Part 
relating to licences for the rentaI to the public or copies 
of sound recordings, films or computer programs, the 
Supreme Court shaH take into account any reasonable 
payments which the owner of the copyright in the sound 
recording, film or computer program is liable to make in 
consequence of the granting of the licence, or of the acts IP/N/l/BLZ/C/1 
Page 112 
authorised by the licence, to owners of copyright in works 
included in that work. 
(2) On any reference or application under this Part 
relating to licensing in respect of the copyright in sound 
recordings, films, broadcasts or cable programmes, the 
Supreme Court shaH take into account, in considering what 
charges should be paid for a licence, any reasonable payments 
which the copyright owner is liable to make in consequence 
of the granting of the licence, or of the acts authorised by 
the licence, in respect of any performance included in the 
recording, film, broadcast or cable programme. 
106. The mention in sections 101 to 105 of specific 
matters to which the Supreme Court is to have regard in 
certain classes of a case does not affect the Court1s general 
obligation in any case to have regard to ail relevant 
considerations. 
PART VIII 
RIGHTS IN PERFORMANCES 
107. (1) By virtue of, and subject to the provisions of 
this Part, rights are conferred on -
of -(a) a performer, requiring his consent to the 
exploitation of his performance; and 
(h) a person having recording rights in relation 
to a performance, in respect of recordings 
made without his consent or that of the 
performer. 
(2) The rights conferred by this Part are independent 
(a) any copyright in, or moral rights relating 
to, any work used or performed in the 
performance; and . Mentlr.n of the 
specifie 
matters not to 
exclude other 
relevant 
considerations. 
Confennent of 
nghts ln 
perfonnances. Consent 
requlred for 
recording or 
live 
transmission of 
perfomlance. 
Infringemellt 
of performer's 
rights by use of 
recording 
made wlthout 
consent. IPIN/lIBLZ/C/l 
Page 113 
(h) any other right or obligation arising 
otherwise than under this Part. 
(~) The rights conferred by this Part apply in relation 
to performances taking place before the commencement of 
this Part; but no act done before commencement, or in 
pursuance of arrangements made before commencement, 
shaH be regarded as infringing those rights. 
Performers' Rights 
108. (1) A performer's rights are infringed by a person 
who, without his consent -
(a) makes, otherwise than for his private and 
domestic use, a recording of the whole or 
any substantial part of a qualifying 
performance; or 
(h) broadcasts live, or inc1udes live in a cable 
programme service, the whole of any 
substantial part ofaqualifying performance. 
(2) ln an action for infringement of a performer's 
rights brought by virtue of this section, damages shall not 
be awarded against a defendant who shows that at the time 
of the infringement he believed on reasonable grounds tha1 
consent had been given. 
109. A performer's rights are infringed by a person who, 
without the performer's consent -
(li) shows or plays in public the whole or any 
substantial part of a qualifying performance; 
or 
(h) broadcasts or inc1udes in acable programme 
service the whole or any substantial part 
of a qualifying performance, IP/N/1/BLZ/CII 
Page 114 
by means of a recording which was, and which that 
person knows or has reason to believe was, made 
without the performer's consent. 
110. (1) A performer's rights are infringed by a person 
who, without the performer's consent and payment of 
royalty at the prescribed rate, uses an original recording 
of a qualifying performance (wh ether authorised or not) 
for the purpose of making an adaptation of the recording. 
(2) In sub-section (1) "an adaptation of the recording" 
means a recording in which the performance is accompanied 
by lyrics or music not contained in the original recording. 
111. (1) A performer's rights are infringed by a person 
who, without his consent -
(a) imports into Belize otherwise than for his 
private and domestic use; or 
(h) in the course of a business possesses, sells 
or lets for hire, oifers or exposes for sale 
or hire, or distributes, 
a recording of a qualifying performance which is, 
and which that person knows or has reason to 
believe is, an illicit recording. 
(2) Where in an action for infringement of a 
performer's rights brought by virtue of this section a 
defendant shows that the illicit recording was innocently 
acquired by him or a predecessor in title of hi s, the only 
remedy available against him in respect of the infringement 
is damages not exceeding a reasonable payment in respect 
of the act complained of. 
(3) In sub-section (2) "innocently acquired" means 
that the person acquiring the recording did not know and 
had no reason to believe that it was an illicit recording. Consent and 
royalty 
requlred for 
adaptation of 
recording. 
Infringemcnt 
of performer's 
rights by 
importing, 
. possesslng, etc. 
llIieit 
recording. Consent 
requlred for 
recordlng of 
performance 
subject to 
exclusive 
contract. 
Infringcmcnl 
of recording 
rights by use of 
rccording 
made without 
conscnt. Rights of Person having Recording Rights IPIN/I/BLZ/CII 
Page 115 
112. (1) A person infringes the rights ofa persol) having 
recording rights in relation to a performance who, without 
his consent or that of the performer, makes a recording of 
the whole or any sùbstantial part of the performance, 
otherwise th an for his private and domestic use. 
(2) In an action for infringement of those rights 
brought by virtue of this section damages shaIl not be 
awarded against a defendant who shows that at the tirn e 
of the infringement he believed on reasonable grounds that 
consent had been given .. 
113. (1) A person infringes the rights of a person having 
recording rights in relation to a performance who, without 
his consent or, in the case of a qualifying performance, that 
of the performer -
(a) shows or plays in public the whole or any 
substantial part of the performance; or 
(h) broadcasts or includes in a cable programme 
service the whole or any substantial part 
of the performance by means ofa recording 
which was, and which that person knows 
or has reason ta believe was, made withou.t 
the appropriate consent. 
(2) The reference in sub-section (1) ta "the 
appropriate consent" is ta the consent of-
(a) the performer; or 
(h) the persan who at the time the consent was 
given had recording rights in relation ta the 
performance (or, if there was more th an 
one such persan, of aIl of them). IP/N/1/BLZ/C/1 
Page 116 
114. (1) A person infringes the rights ofa person having 
rights in relation to a performance, who, without his consent 
or, in the case of a qualifying performance, that of the 
performer-
(a) imports into Belize otherwise than for his 
private and domestic use; or 
(h) in the course of a business possesses, sells 
or lets for hire, offers or exposes for sale 
or hire, or distributes, 
a recording of the performance which is, and which 
that person knows or has reason to believe is, an 
illicit recording. 
(2) Where in an action for infringement of those 
rights brought by virtue of this section a defendant shows 
that the illicit recording was innocently acquired by him 
or a predecessor in title of his, the only remedy available 
against him in respect of the infringement is damages not 
exceeding a reasonable payment in respect of the act 
complained of. 
(3) In sub-section (2) "innocently acquired" means 
that the person acquiring the recording did not know and 
had no reason to believe that it was an illicit recording. 
Duration and TnlJlsmission of Rights 
in Performances: Consent 
115. The rights conferred by this Part subsists for fi ft y 
years from the end of the calendar year in which the 
performance takes place. 
116. (1) The rights conferred by this Part are not 
assignable or transmissible, except to the extent that 
performers rights are transmissible as provided in this 
section. lnfringemcnt 
of rccordlng 
rights by 
lm portlng, 
possesslng 
iIliclt 
re('ording. 
Duratioll of 
rights in 
perfol1nances. 
Transmission 
of rights ln 
performances. Consent. IP/N/lIBLZ/C/l 
Page 117 
(2) Oh the death of a person entitled to performer's 
rights -
(a) the rights pass to su ch person as he may 
by testamentary disposition specifically 
direct; and 
(b) if, or ta the extent that there is no such 
direction, the rights are exercisable by his 
personal legal representative, 
and references in this Part to the performer, in the 
context of the person having performers' rights, 
shall be construed as references ta the persan for 
the time being entitled ta exercise those rights. 
(3) Where by virtue ofparagraph (a) ofsub-section 
(2) a right becomes exercisable by more than one persan, 
it is exercisable by each ofthem independently of the other 
or others. 
(4) Sub-sections (1), (2) and (3) arc withollt prejudice 
to any rights conferred by this Part on a persan to whom 
the benefit of a contract or licence is assigned. 
(5) Any damages recovered by personal legal 
representatives by virtue of this section in respect of à.1î 
infringement after a person's death shall devolve as part of 
his estate as if the right of action had subsisted and been 
vested in him immediately before his death. 
117. (1) Consent for the purpose of this Part may be 
given in relation ta a specifie performance, a specifled 
description of performances, or performances generally, 
and may relate to past or future performances. 
(2) A persan having recording rights in a performance 
is bound by any consent given by a person through whom IP/N/lIBLZ/C/1 
Page 118 
he derives his rights under the exclusive recording contract 
or licence in question, in the sarne way as if the consent 
had been given by him. 
(3) Where a right conferred by this Part passes to 
another person, any consent binding on the persan previously 
entitled binds the person to whorn the right passes in the 
same way as if the consent had been given by him. 
Remedies for Infringement of Rights in Performances 
118. An infringement of any of the rights conferred by 
this Part is actionable by the person entitled to the right 
as a breach of statutory dut y . 
119. (1) Where a person has in his possession, custody 
or control in the course of a business, an illicit recording 
of a performance, a person having performer's rights or 
recording rights under this Part in relation ta the performance 
rnay apply to the court for an order that the recording be 
delivered up to him or to such other persan as the court 
may direct. 
(2) An application shaH not be made after the end 
of the period specified in section 136; and no order shall 
be made unJess the court also makes, or it appears to the 
,court that there are grounds for making, an order under 
section 135. 
(3) A persan to whom a recording is delivered up 
in pursuance of an arder under this section shall, if an arder 
under section 135 is not made, retain it pending the making 
of an arder, or the decision not to make an order, under 
that section, 
(4) Nothing in this section affects any other power 
of the court. Inflingement 
actlonable as 
breach of 
statutory body. 
Order for 
de!ivery up of 
U!icit recording 
in court 
proccedings. Rlgbts to seize 
DUelt 
record Ings. 
Crlmlnal 
UablUty for 
maklng, 
deallng w1th or 
USblg UUclt 
record Ings. IP/N/lIBLZ/C/l 
Page 119 
120. (1) Subject to any decision of the court under 
section 135 and to the conditions specified in sub-sections 
(2), (3) and (4), an i1Iicit recording ofa performance which 
is found exposed or otherwise immediately availahle for 
sale or hire, and in respect of which a person would he 
entitled to apply for an order under section 135 may he 
sei?:ed and detained hy him or a person authorised hy him. 
(2) Before anything is seized under this section 
notice of the time and place of the proposed seizure must 
be given to a local police station. 
(3) At the time wh en anything is seized under this 
section there shall be left at the place where it was seized 
a notice in the prescribed form containing the prescribed 
particulars as to the person by whom or on whose authority 
the seizure is made and the grounds on which it is made. 
(4) In this section "premises" includes land, buildings, 
fixed or movable structures, vehicles, vessels, and aircraft. 
Orrences in Relation to Performances 
12l. (1) A person commits an offence who without 
sufficient consent -
(a) makes for sale or hire; or 
(h) imports into Belize otherwise than for his 
private or domestic use; or 
(c) possesses in the course of a business with 
a view to committing any act infringing the 
rights conferred by this Part; or 
(d) in the course of a business -
(i) sells or lets for hire; or IP/N/l/BLZ/CIl 
Page 120 
(U) oITers or exposes for sale or hire; or 
(Ui) distributes, 
a recording which is, and which he knows or has 
reason to believe is, an illicit recording. 
(2) A person commits an oITence who causes a 
recording ofa.performance made without sufficient consent 
to be -
(a) shown or played in public; or 
(b) broadcast or included in a cable programme 
serVlce, 
thereby infringing any of the rights conferred by this 
Part, ifhe knows or has reason to believe that those 
rights are thereby infringed. 
(3) In sub-sections (1) and (2) "sufficient consent" 
means -
(a) in the case of a qualifying performance, the 
consent of the performer; and 
(h) in the case ofa non-qualifying performance 
subject to an exclusive recording contract-
(i) for the purpose of paragraph (a) of 
subsection (1), the consent of the 
performer or the person having 
recording rights; and 
(U) for the purposes of paragraphs (h), 
(c) and (d) of sub-section (1) and 
sub-section (2), the consent of the 
person having recording rights. Ordcr for 
dcUvcry up of 
Ullclt rccording 
ln climlnal 
proceedings. IP/N/l/BLZ/C/1 
Page 121 
(4) References in this section to the person having 
recording rights are to the person having those rights at 
the timè the consent is given or, if there is more than one 
such person, to ail of them. 
(5) No offence is committed under sub-section (1) 
or (2) by the commission of an act which, by virtue of any 
provisions ofthis Part, may be done without infringing the 
rights conferred by this Part. 
(6) A person guilty of an offence under paragraphg 
(a), (h) or (d) (iii) of sub-section (1) is liable 
(a) on summary conviction, to a fine not 
exceeding three thollsand dollars or to 
imprisonment for a term not exceeding two 
years, or to both such fine and imprisonment; 
(h) on conviction on indictment, to a fine not 
exceeding five thollsand dollars or to 
imprisonment for a term not exceeding five 
years, -or to both such fine and 
imprisonment. 
(7) A person guilty of any other offence under this 
section is liableon summary conviction to a finenot exceeding 
two thousand dollars or to imprisonment for a term ngt 
exceeding one year or to both such fine and imprisonment. 
122. (1) The court beforewhich proceedings are brought 
against a person for an offence under section 121 may, if 
satisfied that at the time of his arrest or charge he had in 
his possession, custody or control in the course ofa business 
an illicit recording of a performance, order that it be 
delivered up to a person having performers' rights or 
, recording rights in relation to the performance or to such 
other person as the court may direct. IPINII/BLZ/C/I 
Page 122 
(2) An arder may be made by the court of its own 
motion or on the application of the prosecution and may 
be made whether or not the persan is convicted of the 
offence, but shaH not be made -
(a) after the end of the period specified In 
section 136; or 
(h) if it appears ta the court unlikely that any 
arder will be made under section 135. 
(3) An appeallies ta the court ta which the appeals 
normally lie from the court which made the arder under 
this section. 
(4) A persan ta whom an illicit recording is delivered 
up in pursuance of an arder under this section shal! retain 
it pending the making of an arder, or the decision not ta 
make an arder, under section 135. 
123. (1) It is an offence for a persan ta represent falsely 
that he is authorised by any persan ta give consent for the 
purposes of this Part in relation ta a performance, unless 
he believes on reasonable grounds that he is sa authorised. 
(2) A persan guilty of an offence under this section 
is liable on summary conviction ta a fine not exceeding one 
thousand dollars or ta imprisonment fora term not exceeding 
eighteen months or ta bath such fine and imprisonment. 
Exceptions to Infringement of Rights 
Conferred under this Part 
124. Fair dealing with a performance or recording -
(a) for the purpose of criticism or review, of 
that or another performance or recording, 
or of a work; or False 
representation 
of authorlty to 
give consent. 
Fair dealing 
for Crlticislll, 
etc. Incldental 
inclusion of 
performance 
or recordillg. 
Acts donc to 
recording of 
pcrfonnaJlre 
for pl!rposcs of 
Instructif,n, etc. IPIN/1/BLZ/C/l 
Page 123 
(b) for the purpose ofreporting current events, 
does not infringe any of the rights conferred by this 
Part, and the provisions of section 58 shaH, with the 
necessary modifications, apply in deterlYlining 
whether or not an aet constitutes fair dealing. 
125. The rigllts conferred by this Part are not inüinged-
(a) by the incidental inclusion ofa fJèdèlt'manct: 
or recording in a sound re(;ordirlg, fiim 
broadcast or cable programme; 
(h) by anything clOlie in relati()1i to co~)ies of, 
or the playing, broadcasting or inclusion 
in a cable programnlc service of anylhing 
whosc making was by yirtue of paragraph 
(a), nut an infringcment, 
and for the pUrpl)Se of this StctiüIl, a performance 
or recordillg so far as it consists of Inusic, or wùrcls 
spoken or sung with music, shall not be regarded 
as incidentally includecl in ct sound recording, 
broadcast or cable programme if it jE> deliberately 
included. 
126. (1) The rights conferred by this Part are not 
infringed by the copying of a recording of a performanc~ 
in the course of instruction, in the making of films or film 
sound-tracks, provided the copying is done by a person 
giving or receiving instruction. 
(2) The rights conferred by this Part are flot infringed-
(a) by the copying of a recording of a 
performance for the purposes of setting or 
answering the questions in an examination; 
or IP/N/l/BLZ/C/1 
Page 124 
(h) by anything done for the purposes of an 
examination by way of communicating the 
questions to the candidates. 
(3) Where a recording which would otherwise be 
an iIlicit recording is made in accordance with this section 
but is subsequently dealt with, it shall be treated as an illicit 
recording for the purposes of that dealing, and if that 
dealing infringes any right conferred by this Part for ail 
subsequent purposes. 
(4) In sub .. section (3) and in section 127 (2) "dealt 
with" means sold or let for hire, or offered or exposed for 
sale or hire. 
127. (1) A recording ofa broadcast or cable programme, 
or a copy of such a recording, may be made by or on behalf 
of an educational establishment for the educational purposes 
ofthat establishment without thereby infringing any of the 
rights conferred by this Part in relation to any performance 
or recorc!ing included in it. 
(2) Where a recording which would otherwise be 
an illicit recording is made in accordance with this section 
but is subsequently dealt with (as defined in section 126(4)) 
it shall be treated as an illicit recording for the purpose of 
that dealing, and ifthat dealing infringes any right conferred 
-'Oy this Part for ail subsequent purjJ03es. 
128. The rights conferred by this Part are not infringcd 
by anything done for the purpose of -
(a) parliamentary or judicial proceedings or 
the reporting of such proceedings; or 
(b) the proceedings of cl statutory inquiry or 
the reporting of such proceedings held in 
public. Recol'ding of 
broad casts and 
cable 
progr,unmes 
byeducational 
establishments. 
Acts donc to 
performànce 
or rècordillg 
for 
l'a rliamenta ry 
proceedings, 
etc. Trnnsfer of 
recordlng of 
perfonnance ln 
electronic 
form. 
Use of 
rccordings of 
spokcn words. IP/N/l/BLZ/C/I 
Page 125 
129. (1) Where a recording ofa performance in electronic 
farm has been purchasedon terms which, expressly or 
impliedly or by virtue ofany rule oflaw, allow the purchaser 
to make further recordings in connection with his use of 
the recording, then, in the absence of any express terms-
(a) prohibiting the transfer of the recording by 
the purchaser, imposing obligations which 
continue after a transfer, prohibiting the 
assignment of any consent or terminating 
any consent on a transfer; or 
(h) providing for the terms on which a 
transferee may do the things which the 
purchaser was perrnitted to do, 
anything which the purchaser was allowed to do may 
also be done by a transferee without infringement 
of the rights conferred by this Part, but any recording 
made by the purchaser which is not also transferred 
shall be treated as an illicit recording for al! purposes 
after the transfer. 
(2) Sub-section (1) also applies where the original 
purchased recording is no longer lIsable and what Ïs 
transferred is a further copy lIsed in its place. 
(3) This section also applies on a subsequent transfer, 
with the substitution for references in sub-section (1) to 
"the purchaser" ofreferences ta "the subsequent transferor". 
(4) This section does not apply in relation ·to a 
recordirig purchased before the commencement ofthis Act. 
130. (1) Where a recording of the reading or recitation 
. of a literary work is made for the purpose -
(a) of reporting current events; or IPIN/1/BLZ/C/1 
Page 126 
that -(h) of broadcasting or including in a cable 
programme service the whole or part of the 
reading or recitation, 
it is not an infringement of the rights conferred by 
this Part to use the recording (or to copy the recording 
and use the copy) for that purpose, providcd the 
following conditions specified in sub-section (2) are 
met. 
(2) The conditions referred to in sub-section (1) are 
(a) the recording is a direct recording of the 
reading or recitation and is not taken from 
a previous recording or from a broadcast 
or cable programme; 
(h) the making of the recording was not 
prohibited by or on behalf of the person 
giving the reading or recitation; 
(c) the use made of the recording is not of a 
kind prohibited by or on behalf of that 
person before the recording was made; and 
(d) the use is by or with the authority of a 
person who is lawfully in possession ofthe 
recording. 
131. (1) Subject to sub-section (2), a person who 
proposes to broadcast a recording of a performance, or 
include a recording ofa performance in a cable programme 
service in circumstances not infringing the rights conferred 
by this Part shall be treated as having consent for the 
purpose of this Part for the making of a further recording 
for the purposes of the broadcast or cable programme. Incidcntal 
recording for 
purposes of 
b rond cast 0 r 
cable 
progranunes. Rccordings fur 
su p,'rvislon 
and control of 
pl'ograllllllrs 
pennittcd. 
Order 
exccJlting aets 
frolll Lllfringing 
rlghls un <1 cr 
this Part. IP/N/lIBLZ/CIl 
Page 127 
(2) The consent given under sub-section (1) is subject 
to the condition that the further recording -
(a) shaH not be used for any other purposes; 
and 
(h) shall be destroyed within twenty-eight days 
of being first used for broadcasting the 
performance or including it in a cable 
programme service. 
(3) A recording made in accordance with this 
paragraph shall be treated as an illicit recording -
(a) for the purposes of any use in breach oÎ 
the condition mentioned in paragraph (a) 
of sub-section (2); and 
(h) for ail purposes after that condition or the 
condition mentioned in paragraph (h) of 
sub-section (2) is breached. 
J 32. The rights conferred by this Part are not infringed 
by the making or use by aprescribed broadcasting 
organisation for the purpose ofmaintaining supervision and 
control over programmes broadcast by that organisation, 
of recordings of those programmes. 
133. (1) The Minister may, by Order published in the 
Gazette, provide that the rights conferred by this Part in 
relation to a performance specified in the Order are not 
infringed by the doing of such acts as are specified in the 
Order in the circumstances therein specified. 
(2) An Order made under subsection (1) may -
(a) contain such consequentiaI, supplementaI 
or ancillary provisions as appear to the 
Minister to be necessary or expedient for IP/N/lIBLZ/C/l 
Page 128 
the purpose of giving due effect to the 
Order; 
(h) after consultation with the National Arts 
Council ~md other bodies representing 
artists, writers, composers and performers, 
prescribe a formula for the calculation of 
the amount which shall be paid by way of 
equitable remuneration to the performer or 
other person whose rights under this Part 
are affected by the Order. 
(3) No Order may be made under this section unless 
the Minister is satisfied -
(a) that the acts specified are to be do ne in 
connection with an event of national 
importance; and 
(h) that the effect of the Order would not 
contravene any convention relating to rights 
in respect ofperformances to which Belize 
is a party. 
114. (1) Subject to the provisions of this section, the 
Supreme Court may, on the application of a person who 
wishes to make a recording from a previous recording of 
a performance, give consent in a case where -
(a) the identity or whereabouts ofa performer 
cannot be ascertained by reasonable inquiry; 
or 
(h) a performer unreasonably withholds his 
consent. 
(2) Consent given by the Court has effect as consent 
of the performer for the purpose of -Court may 
consent on 
b~ha)f of 
pe/'foml~I·. IPINIl/BLZ/CIl 
Page 129 
(a) the prOVISIOns of this Part relating to 
performers rights; and 
(h) paragraph (a) ofsub-section (3) of section 
121, 
and may be given subject to such conditions as the 
Court may speci(y in the orcier. 
(3) The Court shall not give consent under paragraph 
(a) of sub-section(1) except after the service or publicat:on 
of su ch notices as may be required by rules made under 
section 87 or as the Court may in any particular case direct. 
(4) The Court shall not give consent under paragraph 
(h) ofsub-section (1) unless it is satistied that the performer's 
reasons for withholding consent do not include the protection 
of any legitimate interest of his; but it shall be for the 
performer to show what his reasons arc for withholding 
consent, and in default of eviclence as to his reasons the 
Court may draw such inferences as it thinks fît. 
(5) In any case the Court shall take into account 
the following factors -
(a) whether the original recording was made 
with the performer's consent and is lawfully 
in the possession or control of the person 
proposing ta make the further recording; 
(b) whether the making of the further recording 
is consistent with the obligations of the 
parties ta the arrangements under which, 
or is ot!1erwise consistent wi th the purposes 
for which, the original reC0rding was made. 
(6) Where the Court gives consent under this section 
it shall, in default of agreement bctween the applicant and 
the performer, make such order as it thinks fit as to the IP/N/l/BLZ/C/l 
Page 130 
payment to be made to the performer in consideration of 
consent being given. 
PART IX 
GENERAL 
Supplementary provisions 
135. (1) An application may be made to the Supreme 
( Olld for an order that -
(a) an infringing copy or article delivered up 
in pursuance of an order under section 37 
or section 54 or seized and detained in 
pursuance of the right conferred by section 
38 shaH be - . 
(i) forfeited to the copyright owner; or 
(U) destroyed or otherwise dealt with as 
the Court may direct; 
(h) an illicit recording of a performance 
delivered up in pursuance ofan order under 
section 18 or section 121, or seized and 
detained in pursuance ofthe right conferred 
by section 120 shaH be -
(i) forfeited to such person having 
performer's rights or recording rights 
in relation to the performance as the 
Court may direct; or 
(U) destroyed or otherwise dealt with as 
the Court thinks fit, 
or for a decision that no such order should be made. Order for 
disposai of 
Infringlng copy 
or Ullclt 
recordlng. IP/N/lIBLZ/C/l 
Page 131 
(2) In considering what order (if any) should be 
made, the Court shall consider whether -
(a) where the infringement relates to copyright 
in a work, whether other remedies available 
in an action for infringement of copyright 
would be adequate ta compensate the 
copyright owner and ta protect his interests; 
(h) where the infringement relates ta rights 
conferrecl under Part VIII, wh ether other 
remedies available in an action for 
infringement of those rights would be 
adequate to compensate the person or 
persans entitled to the rights and ta protect 
their interests. 
(3) Provision shall be made by rules of court as ta 
the service of notice on persans having an interest in the 
copy or other articles or the recording, as the case may 
be, and any such persan is entitled -
(a) ta appear in proceedings for an arder under 
this section, 
(h) ta appeal against any arder made, whether 
or not he appeared, 
and an arder shall not take effect until the end of 
the period within which notice of an appeal may be 
given or, if before the end of that period notice of 
appeal is du!y given, until the final determination 
or abandonment of the proceedings on the appeal. 
(4) Where there is more than one persan interested 
in a copy or other article, or as the case may be, a recording, 
the Court shalJ make such order as it thinks just and may 
(in particular) direct that such copy, article or recording 
be sold, or otherwise dealt with, and the proceeds divic!ed. IP/N/lIBLZ/C/l 
Page 132 
(5) If the Court decides that no order should be 
made under this section, the person in· whose possession, 
custody or control the copy or article or, as the case may 
be, the recording was before being delivered up or seized 
is entitled to its return. 
(6) References in this section to a person having an 
interest in a copy or other article or a recording inc\ude 
any person in whose favour an order could be made in 
respect of the copy, article or, as the case may be, recording 
this section. 
136. (1) An application for an order under section 37 
or section 119 may not be made after the end of the period 
of six years from the date on which the infringing copy or 
article or, as the case may be, the illicit recording in question 
was made, subject to the next following provisions. 
(2) If during the whole or any part of that period 
a person entitled ta apply for an order -
(a) is under a disability; or 
(h) is prevented by fraud or concealment from 
discovering the facts entitling him ta apply, 
. an application may be made by him at any time 
before the end of the period of six years from the 
date on which he ceased to be under a disability or, 
as the case may be, could with reasonable diligence 
have discovered those facts. 
(3) An order under section 37 or section 119 shall 
not, in any case, be made after the end of the period of 
six years from the date on which the infringing copy or 
article or, as the case may be, the illicit recording in question 
was made. Perlod aller 
which rcmedy 
of delivcry up 
not avaiJabft>. Tlme Umlted 
for 
prosccutIoli. 
Powers of 
police offirers. IPIN/1/BLZ/C/l 
Page 133 
137. No prosecution for an offence under this Act shall 
be commenced after the expiration of five years after the 
commission of the offence or oneyear after the discovery 
thereof, whichever date last occurs. 
138. (1) Any police officer rnay-
(a) subject ta section 138, enter and search 
any premises or place; 
(h) stop, board and search any vessel (other. 
than a ship of war) or any aircraft (other 
than a military aircraft); or 
(c) stop and search any vehicle, in which he 
reasonably suspects that there 15 an 
infringing copy of a work or an i!licit 
recording or any article used or intendec\ 
ta be usecl for making infringing copies or 
illicit recordings; and 
(d) seize, remove or detain -
(i) any article which appears to hil't\ to 
be an infringing copy or an illicit 
recording or any article which appears 
ta him ta be intended for use for 
making sllch copies or rccording:,; 
and 
(ii) anything which appears to h1l11 to be 
or ta contai n, or ta be likely to be or 
ta contai n, evidence of an otTence 
under this Act. 
(2) Any police officer may .. 
(a) break open any outer or inner door of any 
place which he is empowered or authorised 
by this Act ta enter and search; IP/N/lIBLZ/CIl 
Page 134 
(b) forciblyboard anyvessel, aircraft orvehicle 
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 ofany power 
conferred on him by this Act; 
(d) detain any person found in any place which 
he is empowered or authorised 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; 
(f) detain any vehicle which he is empowered 
by this Act to stop and search until it has 
been searched. 
139. (1) No domestic premises shall be entered and 
searched by a police officer unless a magistrate has issued 
a warrant under sub-section (2). 
(2) A magistrate may, ifhe is satisfied by information 
on Da'rh that there is reasonable ground for suspecting that 
there is in any domestic premises any article which may 
be seized, removed or detained under any provision ofthis 
Act, issue a warrant authorising a police officer to enter 
and s~arch the premises. 
(3) A police officer authorised under sub-section (2) 
to enter and se arch any premises may cal1 upon any police 
officer to assist him in entering and searching the premises. 
(4) In this section IIdomestic premisesll means any 
premises or any part thereof, used exclusively or mainly 
as a dwel1ing. Restrictions on 
the entry and 
search of 
domestlc 
premlses. Obstruction of 
poUce officers. 
Offences by 
bodies 
corporate. IPIN/l/BLZ/C/1 
Page 135 
140. (1) Without prejudice to any other written law, 
any person who -
(a) wilfully obstructs a police officer in the 
exercise ofhis powers or the performance. 
of his duties under this Act; 
(h) wilfullyfaiIs to complywithanyrequirement 
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, 
commits an offence and is liable on summary 
conviction to a fine not exceeding one th ou sand 
dollars or to imprisonment for a term not exceeding 
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 offh:er­
commits an offence and is liable on summary conviction 
to a fine not exceeding two thousand dollars or to 
imprisonment for a term not exceeding two years. 
(3) Nothing in this section shall be construed as 
requiring any person to give any information which may 
incriminate him. 
141. Where an offence under any of the preceding 
sections of this Act committed by a body corporate is 
proved to have béen committed with the consent or IP/N/1/BLZ/C/l 
Page 136 
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 weil as the 
body corporate, is guilty of that offence and is liable to be 
proceeded against and puni shed accordingly. 
142. (1) The Minister may after consultation with .the 
National Arts Council and other bodies representing artists, 
writers, composers and performers make Regulations 
pre~cribing su ch matters as are required or permitted by 
this Act to be prescribed or are necessary or desirable to 
be prescribed for giving effect to this Act. 
(2) Without prejudice to the generality of the 
foregoing, such Regulations may provide for an optional 
(but not compulsory) system of registration of copyright 
and may contain such consequential, supplemental or 
ancillary provisions as may be necessary or expedient to 
give effect to such registration. 
(3) Ali Regulations made under this section shall be 
laid before the National Assembly as soon as may be after 
the making thereofand shall be subject to negative resolution. 
PART X 
International Relations 
143. (1) Subject to the provisions of sub-section (3), 
the Minister may by Order published in the Gazette provide 
that, in relation to any country specified in the Order, any 
of the provisions of this Act so specified shall apply -
(a) in relation to persons who, at a material 
time, are citizens or subjects ofthat country, 
as they apply in relation to persons who, 
at su ch a time, are citizens of Belize; Power to make 
Regulations. 
Power to apply 
provisions of 
Act to other 
cOWltries. (b) in relation to persons who, at a material 
time, are domiciled or resident in that 
country, as they apply in relation to persons 
who, at such a time, are domiciled or 
resident in Belize; IPINII IBLZICI 1 
Page 137 
(c) in relation to literary, dramatic, musical or 
artistic works, sound recordings, films or 
editions first published in that country, as 
they apply in relation to literary, dramatic, 
musical or artistic works, sound recording'S, 
films or editions first published in Belize; 
(d) in relation to bodies incorporated by or 
under the laws of that country, as they 
apply in relation to bodies incorporated by 
or under the laws of Belize; 
(e) in relation to broadcasts made or cable 
programmes sent from places in that country 
by persons permitted or authorised by or 
under the Jaws of that country to make 
those broadcasts or send those cable 
programmes, as they apply in relation to 
broadcasts made or cable programmes sent 
from places in Belize by persans permitted 
or authorised by or under the laws ofBeli%.e. 
ta make those broadcasts or send those 
cable programmes. 
(2) An Order made under this section applying any 
provisions ofthis Act in relation to any country other th an 
Belize may apply thosl:: provisions:-
(a) without exception or modification or 
subject to such exceptions and 
modifications as may be specified in the 
Order; IP /NI lIBLZICI 1 
Page 138 
(b) generally or in relation to such classes of 
works or such other classes or cases, as 
may be so specified. 
(3) An Order shall not be made under this section 
applying any provisions ofthis Act in relation to any country 
which is not a party to a Convention relating to copyright 
or to the rights of performers or of the producers of 
phonograms ta which Belize is also a party, unless the 
Mlt:'.ister is satisfied that in respect of the class of works 
which those provisions relate, provision has been or will 
be made under the laws of that country whereby adequate 
protection will be given to owners of copyright or rights 
in performances conferred by this Act. 
144. (1) Where it appears to the Minister that it is 
expedient that the provisions of this section should apply 
to any organisation -
(a) of which two or more countries or the 
Governments oftwo or more countries are 
members; or 
(h) that is constituted by persons representing 
two or more countries, or representing the 
Governments of two or more countries, 
he may by Order published in the Gazette declare 
that organisation to be an international organisation 
to which this Act applies. 
(2) Where an original literary, dramatic, musical or 
artistic work is made by or under the direction or control 
of an organisation to which this section applies in such 
circumstances that-
(a) copyright would not, except by virtue of 
this subsection, subsist in the work; but International 
o,·ganisations. IP/N/l/BLZ/CIl 
Page 139 
(h) if the author of the work had been a citizen 
of Belize at the time when it was made, 
copyright would have subsisted in the work 
immediately after it was made and would 
thereupon have vested in the organisation, 
then, copyright shall subsist in the work as if the 
author had been a citizen of Belize when it was 
made, and shall continue to subsist so long as the 
work remains unpublished, and the organisation 
shall, subject ta the provision ofthis Act, be entitlf?J. 
ta the copyright. 
(3) Where an originalliterary, dramatic, musical or 
artistic work is first published by or under the direction or 
control of an organisation to which this section applles in 
such circumstances that copyright would not, except by 
virtue of this subsection, subsist in the work immediately 
after the first publication thereof, and-
(a) the work is sa published in pursuance of 
an agreement with the author which does 
not reserve to the author the copyrights, 
if any, in the work; or 
(h) the work was made in sllch circumstances 
that, ifit had been first Pllblished in Be\ (ze 
the organisation wOllld have been entitled 
to the copyright in the work, 
then, copyright shall subsist in the work (or, if 
copyright in the work subsisted immediately before 
its first publication, shall continue to subsist) as if 
it had been first published in Belize, and shall subsist 
for a period of fi ft y years from the end of the 
calendar year in which the work was first published, 
and the organisation shall, subject to the provision 
of this Act, be entitled to that copyright. IPIN/lIBLZ/CIl 
Page 140 
(4) The provisions of Part II, except those provisions 
thereof relating to the subsistence, duration of ownership 
of copyright, shall apply in relation to copyright subsisting 
byvirtue ofthis section as they apply in relation to copyright 
subsisting by virtlle of Part II, 
(5) An organisation to which this section applies 
which otherwi~e has not, or at sorne material time otherwise 
has not, the legal capacities of a body corporate shall have, 
a~ "hall be deemed at ail material times to have had, the 
_e..:1<lÀ. capacities of a body corporate for the purpose for 
holding, dealing with and enforcing copyright and in 
connection with alllegal proceedings relating to copyright. 
145, CI) If it appears to the Minister that the laws of 
a country fail to give adequate protection to Belizean works 
or performances or fail to give adequate protection in the 
case of one or more 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 its author or performer or al! of those matters) 
the Minister may, by Order published in the Gazette, make 
provision in relation to that country in accordance with sub­
section (2), 
(2) An Order made for the purposes ofthis section 
InaJ-provide either generally or in sLcL classes of cases as 
are specified in the Order, that copyright or rights in 
performances shal! 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 ofthose works 
or the giving of the performance, the authors of the works 
or the performers were or are -
(a) citizens or nationals of that country, not 
being at that time persans domiciled or 
resident in Belize; or Deniai of 
copyright 01' 
rights in 
perfonnllllrt'. R~pclIls. 
CAP. 198. 
CAP. 1. IPIN/1/BLZ/C/1 
Page 141 
(h) 10 the case of works that are sound 
recordings or films, specified in the Order, 
bodies incorporated under the laws ofthat 
country. 
(3) The Minister shall, in making an Order under 
this section, have regard to the nature and extent of the 
lack of protection for Belizean wo'rks or performances in 
consequence of which the Order is being made. 
(4) In this section "Belizean work or performanc.e 
means a work of which the author was, at the time when 
it was made, a qualified person for the purposes ofthis Act 
or a performance by a performer who was at the time of 
the performance such a qualified person. 
PART XI 
REPEALS, SA VINGS, TRANSITION 
146. (1) The Copyright Act, and the Copyright Act 1956 
of the United Kingdom in sa far as it has eITeet as part of 
the law of Belize, shall stand repealed at the commencement 
of this Act. 
(2) Without prejudice to section 29 of 'he 
1 nterpretation Act, the repeals effeeted by sub-seetior;' (1) 
inc1ude the repeal of-
(a) any Order-in-Council made under the 
Copyright Act 1956 of the United Kingdom 
so repealed, in sa far as it has effect as part 
of the law of Belize; 
(h) any subsidiary legislation made under the 
Acts so repealed, or in so far as it has effeet 
as part of the law of Belize, made under 
any Order-in-Council so repealed. IP INI liB LZ/C/1 
Page 142 
147. (1) Nothing in this Act shall 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 State, 
or any person deriving title from the State, to sell, use or 
otherwise deal with articles forfeited under the Customs 
Regulation Act including any article so forfeited by virtue 
ofthis Act or an enactment repealed by this Act or repealing 
-t'ni5 Act. 
148. No copyright or right in the nature of copyright 
shall subsist otherwise than by virtue of this Act or sorne 
other enactrnent in that behalf. 
149. Nothing in this Act affects any rule oflaw preventing 
or restricting the enforcernent of copyright or rights in the 
nature of copyright, on grounds of public interest or 
otherwise. 
150. (1) Where irnmediately prior to the appointed day, 
copyright subsists in Belize in any literary, drarnatic, musical 
or artistic work by virtue of the Copyright Act 1956 of the 
United Kingdorn, such copyright shall continue to subsist 
and the person entitled thereto by virtue of this Act shall 
.~ 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 appointed day, 
shaH be governed by this Act. Savlngs. 
CAl'. 39. 
Copyrll:hl 
sub.isl. " .. Iy 
untlnAd. 
Enfon'('IIU'1I1 ur 
copyl'il:hl 
subJed t" 
public 11I1t·"".c. 
TrallslUu .. al. IP/N/lIBLZ/C/l 
Page 143 
(2) Where before the appointed day any person has 
incurred any expenditure or liability in connection with or 
in contemplation of, the doing of an act in relation to a 
protected work or to a performance in respect of which 
rights are conferred by this Act, being an act which prior 
to that date would have been lawful, nothing in this Act 
shall diminish or prejudice any rights or interests which, 
in relation to that work or performance, are subsisting and 
valuable on the appointed day, unless the person who, by 
virtue ofthis Act, is the owner of the copyright or the person 
having rights in the performance, agrees to pay SIH.h 
compensation as, in default of agreement, may be fixed bj 
the Supreme Court. 
(3) Where an act done before the appointed day was 
th en an infringement of copyright but is not an infringement 
of copyright or rights in a performance under this Act, then, 
proceedings in respect of that Act may be taken as if this 
Act had not been passed. 
(4) An act donc before the appointed day shall not 
be an infringement of copyright or rights in performance 
conferred by this Act if that act would not, but for the 
passing of this Act, have constituted an infringement. 
(5) Proceedings for infringement of copyright 
instituted but not disposed ofbefore the appointed day shall 
be disposed of as if this Act had not been passed. 
(6) Proceedings under this Act for infringement may 
be taken notwithstanding that the alleged infringement 
occurred before the appointed day. 
(7) In this section "appointed day" means the day 
appointed by the Minister pursuant to Section2. 