WORLD TRADE ORGANIZATION 
ORGANISATION MONDIALE DU COMMERCE 
ORGANIZACION MUNDIAL DEL COMERCIO 
Council for Trade-Related Aspects of 
Intellectual Property Rights IP/N/1/GUY/C/l 
9 December 2002 
(02-6778) 
Original: English! 
anglaisl 
ingles 
MAIN DEDICATED INTELLECTUAL PROPERTY 
LAWS AND REGULATIONS NOTIFIED UNDER 
ARTICLE 63.2 OF THE AGREEMENT 
GUYANA 
The present document reproduces the textl of the Copyright Bill, 1999, including an 
Explanatory Memorandum, as notified by Guyana under Article 63.2 of the Agreement (see document 
IP/N/lIGUYIl). 
Conseil des aspects des droits de propriete 
intellectuelle qui touchent au commerce 
PRINCIPALES LOIS ET REGLEMENTATIONS CONSACREES A LA 
PROPRIETE INTELLECTUELLE NOTIFIEES AU TITRE 
DE L'ARTICLE 63:2 DE L'ACCORD 
GUYANA 
Le present document contient le textel du projet de Loi sur le droit d'auteur de 1999, y 
compris un memoire explicatif, notifie par le Guyana au titre de l'article 63:2 de l'Accord (voir le 
document IP/N/lIGUYIl). 
Consejo de los Aspectos de los Derechos de Propiedad 
Intelectual relacionados con el Comercio 
PRINCIP ALES LEYES Y REGLAMENTOS DEDICADOS A LA 
PROPIEDAD INTELECTUAL NOTIFICADOS EN VIRTUD 
DEL pARRAFO 2 DEL ARTiCULO 63 DEL ACUERDO 
GUYANA 
En el presente documento se reproduce el texto1 del Proyecto de Ley de Derecho de Autor 
de 1999, incluido un Memorandum Explicativo, que Guyana ha notificado en virtud del parrafo 2 del 
articulo 63 del Acuerdo (vease el documento IP/N/lIGUYIl). 
1 In English only'/En anglais seulement.lEn ingles solamente. IP/N/1/GUY/C/l 
Page 2 
SE"CIl'ON GUYANA 
BILL No. 1999 
COJ»YIUGHT BILL 1999 
ARRANGEMENT OF SECTIONS 
PART 1-PRELIMINARY 
1. Short title and commencement. 
2. Interpretation. 
. 3. Publ\cation • 
4. Lawful reception of broadcast. 
PART U-COPYRlG1IT 
Protected Works 
5. Requirements for protection. 
6. Category of eligible works. 
7. Qualification for protection: author. 
R. Qualification for protection: place of publication, etc. 
9. Nature of copyright protection: economic and moral rights. 
Duration o/Copyright Protection 
10. Duration of copyright in literary, etc. works. 
11. Duration of copyright in sound recordings and films. 
12. Duration of copyright in broadcasts and cable programmes, 
13. DUI (1\ ion of copyright in typographical arrangements, IPIN/l/GUY/C/l 
Page 3 
PART III -MORAL RIGHTS AND RELATED RIGHTS 
Identification with Work 
14. Right to be identified as author, etc. 
Objection to Treatment of Work 
15. Right to object 10 derogatory treatment of work • 
Related Rights 
16. False attribution of work t 
17. Right to privacy of photographs and films. 
Supplementary 
18. Dumti:m of moral rights and related rights. 
19. Consent and waiver of rights., 
20. Application of provisions to joint works· 
21. Application of provisions to parts of work. 
'2 ART IV -OWNERSHIP AND ASSIGNMENT OF RIGHTS 
Ownership a/Copyright 
22. Ownership of copyright. 
ASSignment o/Copyright 
23. Assigrunent and licences. 
24. Prospective ownership of copyright" 
7.5. Rights of exclusive licensee. 
:'!6. Copyright in manuscript passes under will. 
27. Moral rights, etc. not assignable t 
28. Transmission of moral rights, etc. on death. IP/NIl/GUYICI 1 
Page 4 
PART V-INFRINGEMENT Of' RIGHTS 
General Provisions 
29. Meaning of rraction"~ 
30. Part subject to other provisions. 
Infringement o/Copyright 
31. Acts infringing copyright~ 
Remedies IJjCopyright Owner 
I 
32. Action by owner of copyright. 
33. Order for delivery up in civil proceedings .. 
Remedies of Exclusive Licensee 
31. I f1thlgement of rights of exclusive licensee. 
35. Infringement where rights concurrent~ 
Infringement ofA1oral Rights and Related Rights 
36. Infringement of right to be identified as author or director. 
37. Infringement of right to object to derogatory treatment of work. 
'33. Infi'ingement by possession of infringing article, 
39. Acts not infringing section is. 
40. Palse attribution of work: infringement of right. 
41. Infri ngement of pri vacy right in photographs, etc. 
42. Effect of consent and waiver of rights. 
Remedies for Infringement ofA1oral Rights and Related Rights 
43. Remedies for infringing moral rights, etc. Presumptions 
44. Presumptions where ac60n relates to literary works, etc. 
45. Presumptions where action relates to sound recording, film or 
computer program ... 
Offences 
46. Penalties in respect of dealings which infringe copyright .. 
47. Presumptions not to apply-
48. Order to deliver up in criminal proceedings" 
Suppl ementQ1Y 
49. Application of provisions as to entryJetc. 
50. Restricting importation of infringing copies. IP/NJlIGUY Jell 
Page 5 
PART VI -EXCEPTIONS TO INFRINGEMENT OF COPYRIGHT 
Preliminary 
51. Definition of "sufficient acknowiedgment". 
General Exceptions 
52. Research and private study. 
,,'" _ .J. Criticism, review and reporting. 
:'54. Determining fair dealing. 
55. Incidental inclusion of protected work. 
Use a/Work/or Educational Purposes 
S6. Acts done for purposes of instruction or examination. 
57. Anthologies for educational use. 
58. Recording of broadcast, etc. by educational establishments. 
]9. Restriction on reprographic copying by educational establishment. 
GO. Subsequent dealings with authorized copies· IPINIlIGUYIC/l 
Page 6 
Exceptions A/Jecting Libraries and Archives 
(,1. Interpretation of references~ regulations. 
6:2. Supply by librarian of copies of published work. 
63. Supply of copies to other libraries. 
64. Replacing copies of works. 
65. CJpying of unpublished work. 
Exceptions Relating (0 Public Administration 
66. Parliamentary and judicial proceedings etc. 
) 
67. Public Records. 
Designs 
68. Design documents and models. 
69. Where design derived from artistic work is exploited. 
Exception Relating to Works in Electronic Form 
70. Transfer of works in electronic form. 
Miscellaneous Exceptions Relating to Literary, 
Dramatic, Musical and Artistic Works 
7J. Anonymous and pseudonymous literary etc. works. 
72. Use of notes of recordings of spoken word· 
73. Reading or recitation in public. 
74. Representation of artistic works on public display, 
IS. Reconstruction of buildings· 
'/6. Subsequent work by same artist, 77. Miscellaneous l'.-~n;eptions Relating to Sound Recordings. 
Films and Computer Programs 
Making etc., of recordings of musical work previously made or 
} 
imported. 
73. Rental of sound recordings, etc. IPINIIIGUY/CIl 
Page 7 
iq. Playing of sound recording for purposes of charitable organization. 
Miscellaneous Exceptions Respecting Broadcasts 
and Cable Programmes 
80. Incidental recording for purposes of broadcast or cable programme. 
81. Recordings of broadeasts for programme control .. 
82. Recording for archival purposes. 
83. Reception and retransmission of broadcast in cable programme service -
84. ~~~cording for purpose of time shifting. 
Adaptations 
))5. Adaptations. 
Prescribed Exceptions 
86. Power of Minister to prescribe exceptions to infringement· 
PART VJ.I-COPYRIGHT LICENSING 
Prefiminary 
87. Interpretation for purposes of Pmi. 
88. Licensing schemes to which sections 89 to 94 apply. 
References and Applications /?e.specting Licensing Schemes 
89. Reference of proposed licensing scheme· 
90. Reference of existing licensing scheme. IP/N/1/GUY /ell 
Page 8 
9] . Further reference of scheme. 
92. Application for grant of licence in connection with licensing scheme 
93. Application for review as to entitlement to licence· 
')4. Effect of order of Tribunal as to licensing scheme. 
Rejerences and Applications Respecting Licences and Licensing Bodies 
95. Licences to which sections 96 to 99 apply. 
06. Reference to Tribunal of proposed licence #' 
9'7. Reference to Tribunal of expiring licence. 
98. Tribunal may review order as to licence _ 
~!9. Effect of order or Tribunal as to licence, 
Supplementary 
·fo 6e 
100. Matters/prescribed for Tribunal-
101. Royalty payable for rental of sound recording, etc. 
t 02. Ministerial order in relation to licensing scheme: 
PART VIII -THE COPYRIGHT TRIBUNAL 
103. Establishment of Copyright Tribunal· 
104. Jurisdiction of Tribunal . 
i.iJ5. Regulations relating to proceedings of Tribunal. 
I (,6. Appeal on point orJaw. 
PART LX -RIGHTS IN PERFORMANCES 
J 07. Conferment of rights in performances 
Performers' Rights 
1 Ci~. Consent required for recording etc. of perfonnance . 
) 
109. Infi'111gement of perfonner's rights by use of recording. 110. Consent and royalty for adaptation of recording. 
111. Infringement of performer's rights by importing, etc. illicit 
recording. 
Rights o.lPerson Having Recording Rights IPIN/1/GUYIC/1 
Page 9 
1 t2. Consent required for recording performance subject to exclusive 
contract .. 
1 U. In ,'ri ngemen t of record i llg rights by use of recording. 
114·, I nfringement of recording rights by importing, etc. illicit 
recording. 
lL-rceptiol1s 10 h?fringemenf 
115. Permitted acts in relation to performances ~ 
116. Fair dealing for criticism, etc. 
117. Incidental inclusion of perfolmance or recording. 
118. Acts done to recording or performance for purposes of instruction, etc. 
] 19, ~ecording of broadcast or cable pn)gramml! by educational 
establishment .. 
120. Acts done to performance or recording for Parliamentary proceedings, 
etc. 
121. Transfer of recording of performance in electronic form, 
122. Use of recordings of spoken words. 
123. Playing sound recording for charitable purposes, 
I ? t Incidental recording [or purposes of broadcast or cable programme .. 
125. Recordings for supervision and control of programmes' 
126. Recording of broadcast,etc. for archival purposes· 
127. Order excepting acts from infringing rights under this Part . IPINIlJGUY Jell 
Page 10 
128. Tribunal may consent on behalf of performer. 
Duration and Transmission of Rights in Pe~formances4' Consent 
129. Duration of rights in performances, 
130. Transmission of righls in performances . 
. , 31. Consent. 
Remedies for Infringement of Rights in Performances 
\32. Infringement as breach of duty, 
133 Order for delivery up of illicit recording in civil proceedings. 
Offences 
13<.1. Criminal liability for making, etc. illicit recordings. 
135. Order for delivery up of illicit recording in criminal proceedings, 
136. False representation of authority to give consent. 
PART X -GENERAL 
137. Order for disposal of infringing copy or illicit recording· 
1.38. Period after which delivery up not a.vailable . 
;39. Time limit for prosecution. 
1.40. Powers of memhers of Police Force· 
1.'\ 1. Restrictions on the entry and search of domestic premises. 
142. Obstruction of members of the 'Police Force· 
143. Offences by body corporate, 
144. Power to apply provisions of Act to other country. 
145. Denial of copyright or rights in performances· 
146. International organizations' J47. -rerritorial waters and exclusive economic zone· 
l48. Act applies to ships, aircraft registered in State· 
J 49. Act binds State. 
150. Regulations· 
151. Repeals, 
1)2. Savings' 
1 S3. Transitional provisions. 
SCHEDULE IPIN/1/GUY/C/1 
Page 11 IP!N1l IGUY lell 
Page 12 
Short title and A BILL 
Intituled 
AN AGr to make better provision with respect to copyrigh.t, to 
confer rights on performers and others in perform(mces 
and for matters connected therewith. 
ENACTED by the Pcrrliarnent of Guyana: -
PART I 
PREUMINARY 
1. This Act may be cited as the CoPyri9ht Act 
commencement. 1999 and shall come into operation on such date as the Minister 
may by order appoint. 
Interpretation. 2. (l) In this Act -
(a) 1/ adaptation" means -
(i) in relation to a litermy or dramatic work-
(A) a translation of the work which, as respects 
a computer programme, includes a version of 
the programme in which it is convert'3d into or 
out of a computer language or code or into a 
different computer language or cod.e, 
otherwise than incidentally in the course 
of running the programme; 
(B) a version of a dramatic work in which it is 
converted into a non-dramatic work Of, as the 
case may be, of a non-dramatic work in which 
it is converted into a dramatic work; 
(C) a version of a work in which the stmy or 
action is conveyed wholly or mainly by means 
of pictures in a form suitable for reproduction 
in a book or in a newspaper, magazine or 
similar periodical; 
(iD in relation to a musical work, an crrrangement or 
transcription of the work; IPINIlIGUY/CIl 
Page 13 
(0) "article" in the context of an article in a periodicOll, includes 
an item of any description; 
(c) "artistic work" means -
(i) a graphic work, photograph, sculpture or collage, 
whether the work is of crrtistic quality or nol; 
(ii) er building or a model of a building, whether the 
building or model is of artistic quality or nol.; or 
(Hi) a work of artistic craftsmanship to which m~ither 
pcrragraph (i) nor (ii) applies; 
(d) "author" in relation to a work, means the person who 
creates it, being in relation to -
(i) a literary or dramatic work, the author of the work; 
(iD a musical work, the composer; 
(iiD cm artistic work other than a photograph, tr.lH artist; 
(iv) er photograph, the photographer; 
(v) er sOillld recording or film, the person by whom the 
crrrangements necesscrry for the making of the 
recording or film are undertaken; 
(vi) the typographical crrrangement of a publishr.3d 
edition, the publisher; 
(vii) Cl broadcast within the meaning of section 4(2), 
the person making the broadcast or in the case 
of a broadcast by reception and immediate 
re-transmission, the person making that oth(~r 
broadcast; 
(viii) u cable programme, the person providing the 
cable programme serVice in which the programme 
is included; 
(ix) Cl computer-generated litercrry, dramatic, musical 
or artistic work, the person by whom the 
arrangements necessCrry for the creation of the 
work are illldertaken, IP/N/lIGUY/C/l 
Page 14 
and in relationship to a work of a joint authorship, 
references in this Act to the author of a work shall, except 
as otherwise provided, be construed as references to all 
the authors of the work; 
(e) "a broadcast" means a transmission by wireless 
telegraphy of visual images, sounds, or other 
information which -
(i) having regard to section 4, is capable of bE!ing 
lawfully received by members of the public; or 
(ii) is transmitted for presentation to members 
of the public; 
(f) "to brocrdcast', means to transmit by wireless tele~J('aphy, 
visual images or sounds, or both, for recepti( m by the 
public notwithstanding that -
(i) subsequent to the initial transmission, but bEAore 
H3ception by the public, the images or sound.s may 
be carried on a path provided by a materia:! 
substance; 
(ii) the public receiving or capable of receiving the 
images or sounds is in a country other than t.hat 
from which the original transmission took ploce; 
(iii) no member of the public actually received l.he 
images or sounds, provided only that memb~~rs of 
the public could, if in possession of suitable 
apparatus, receive them, . 
and "broadcasting" and "re-broadcasting" have 
corresponding meanings; 
(g) "building" includes a fixed structure of any kind ar:d a part 
of a building or fixed structure; 
(h) "business" includes a trade or profession; (i) "cable programme" means any item included in G IPINIlIGUY lell 
Page 15 
cable programme service and any refer enCl3 in this 
Act-
(i) to the inclusion of a cable programme or w0rk 
in a cable programme service is a referenCE? to its 
transmission as part of the service; and 
(ii) to the person including it is a reference to the person 
providing the service. 
) 
(j) "cable programme service" means a service which 
consists wholly or mainly of sending visual images, 
sounds or other information by means of a 
telecommunications service, otherwise than by 
wireless telegraphy, for reception -
(i) eft two or more places, whether for simultan.c~ous 
reception or at different times in response to 
requests by different users; or 
(ii) for presentation to members of the public, 
and which is not, or to the extent that it is not, excepted by 
regulations made under this Act; 
(k) " collective work" means -
(i) a work of joint authorship; or 
(H) a work in which there are distinct contributions by 
different authors or in which works or parts of 
works of different authors are incorporated; 
(1) "computer-generated work" means a work genercr.ted by a 
computer in circmnstances such that the work has 
no human author; 
(m) "computer programme" means a set of instructionn, 
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-processin.g 
capabilities to indicate, perform or achieve 0: 
particular function, task or result; IP/N/lIGUY/C/1 
Page 16 
(n) " copy" in relation to -
(i) a work that is a literary, dramatic, musical or artistic 
work, means a reproduction of the work in mly 
material form and, in respect of an artistic work, 
includes a reproduction in three-dimensions if the 
artistic work is a two-dimensional work and G 
reproduction in two-dimensions if the artistic work I:l 
a three-dimensional work; 
(ii) 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 port of the 
film, broadcast or cable programme; 
(iiD a work that is a typographical arrangement of a 
published edition, means a facsimile copy of the 
arrangemnet; and 
(iv) any description of work, includes a copy of the work 
that is transient or incidential to some other use of 
the work, 
and references to the copying of a work of any description 
shall be construed to include a reference to storing the 
work in any medium by electronic means; 
(0) "copyright" refers to copyright within the meaning of Part 
1I; 
(p) "Copyright Tribunal" or "Tribunal" means the Tribu,clal 
established under section 1 03; 
(q) "country" includes any territory; 
(r) "distribution" means distribution to the public, for 
commercial purposes of copies of a work by way of 
rent.al, lease, hire, loan or similar arrangement; 
(s) "dramatic work" includes a work of dance or mimo; 
(t) "educational establishment" means any school, college or 
other educational body; IP/N/lIGUY/CIl 
Page 17 
(u) "exclusive licence" means a licence in writing signed by or 
on behalf of the owner of copyright in a work 
authorising the licensee, to the exclusion of cuI other 
persons, including the person granting the l.icence, 
to exercise a right which would otherwise be 
exercisable exclusively by the owner of the 
copyright; 
(v) "exclusive recording contract" means a contract b·etween a 
.performer and another person under which that 
person is entitled, to the exclusion of all other 
persons, including the performer, to make 
[E'Jcordings of one or more of his performances with a 
view to their being shown or played in public, 
sold, let for hire or otherwise commercially exploited; 
(w) "film" means a recording on any medium from which a 
moving image may by any means be produced; 
(x) "future copyright" means copyright which will or mery come 
into existence in respect of any future work or class 
of works or on the occurrence of a future ewmt, and 
"prospective owner" shall be construed accordingly 
and, in relation to any such copyright, includl3s a 
p!3rSOn prcspectively entitled thereto by virtUE? of ern 
agreement mentioned in section 24; 
(y) "graphic work" includes -
(z) (i) any painting, drawing, diagram, map, chart or 
plan; ernd 
(ll) any engraving, etching, lithograph, woodcut or 
similar work; 
"illicit recording". in relation to a performance 'means a J ) 
recording wherever made, the making of which 
constitutes an infringement of the rights conferred on 
the performer or a person having recording fights 
in relation to the performance pursuant to Part IX, IPINIlIGUYICIl 
Page 18 
and which does not fall within any of the exc~3ptions 
specified in or authorised pursuant to any provision 
of that Part. 
(2) In this Act -
(a) "infringIng copy" in relation to a protected work means -
1 ) 
(i) any copy of the work, the making of which !El not 
authorised under or by virtue of any provision of this 
Act; 
(ii) any copy of the work that is or is proposed to be 
imported into GUYffila and its making in GUYffila 
would have constituted an infringement of the 
copyright in the work in question or a breach of an 
exclusive licence relating to that work; 
(b) "literary work" means any work, other than a drarrmtic or 
musical work, which is written, spoken or sung; and 
includes -
(i) a written table or compilation; and 
(ii) a. computer programme; 
(c) "manuscript"}in relation to a work, means the original 
document embodying the work whether written by 
hand or not; 
(d) "musical work" means a work consisting of music, 
exclusive of any words or action intended to be sung, 
spoken or performed with the music; 
(e) "performer" means any actor, singer, musician, d(:rTIcer or 
olher person who acts, sings, depicts, delivHrs, 
declaims, plays in or otherwise performs, a Ht er ary, 
dramatic, musical or artistic work; and refenmces to 
the performer in the context of the person huving 
performer's rights, shall be construed to inc1llde 
references to the person who, pursuant to any 
provision of this Act, is for the time being enU.tled to 
exercise those rights; IP /NI 1 IGUY lell 
Page 19 
(f) "performance" ,in relation to -
(g) (i) the rights conferred under Part IX, includes _ 
(A) a dramatic performance v"hich includes 
dance and mime; 
(B) a musical performance; 
(C) a reading or recitation of a literary work; or 
(0) a performance of a variety act or any similar 
presentation, that is, or to the extent that it is, 
a live performance, given by one or more 
individuals; and 
(ii) Cl copyright in literary, dramatic or musical work 
includes -
(A) delivery in the case of lectures, addrElsses, 
speeches and sermons; 
(8) any mode of visual acoustic presenta.tion, 
including presentation by means of (J. sound 
recording, film, broadcast or cable 
programme of the work; 
"person having recording rights" in relation to a 
) 
performance means a person who -
J 
(i) is a party to, and has the benefit of, an exclusive 
. recording contract to which the performance is 
t:ubject or to whom the benefit of such a contract 
has been assigned; and 
(iD is a qualified person, 
so, however, that, where a performance is subject to an 
exclusive recording contract but the person mentioned in 
paragraph U) is not a qualified person, the expression 
shall be deemed to extend to any qualified person who is 
licensed by the person mentioned in paragraph (j). to 
make fE~cordings of the performance with a view to their 
being shown or played in public, sold, let for hire or IPIN/1 IGUY lell 
Page 20 
otherwise commercially exploited or to whom the benefit of 
such a licence has been assigned; 
(h) "photograph" means a recording of light or other radiation 
on any medium on which an image is produced or 
from which an image may by any means be 
produced, and which is not part of a film; 
(i) "place of public entertainment" includes any premises 
which are from time to time made available 
for hire to such persons as may desire to hire them 
for purposes of public entertainment, including 
premises that are occupied mainly for other 
purposes; 
(j) "prospective owner" has the meaning assigned to it in the 
definition of "future copyright"; 
(k) "protecf.ed work" means a work in which copyright. subsists 
by virtue of this Act; 
(1) "publication" and "commercial publication" have tile 
meanings assigned to those expressions, 
respectively by section 3; 
(m) "published edition')n relation to copyright in the 
typographical arrangement of a published 
edition, means the published edition of the whole or 
any part of one or more literary, dramatic, rnusical or 
artistic works; 
(n) "qualified person" mecms -
(i) in the case of an individual, a person who is a citizen 
of, or whose habitual residence is in, Guyano: or a 
specified country; and 
(ii) in the case of a body corporate, a body incorporated 
or established under any law in force in Guyana or 
er specified country; IPINIlIGUYIC/1 
Page 21 
(0) "qualifying performance" means a performance that-
(i) is given by an individual who is a qualified :t=:,erson; or 
(ii) tcrkes place in Guyana or a specified country; 
(p) "record" means any disc, tape, perforated roll or other 
(q) device in which sounds are embodied so as to be 
capable of being reproduced therefrom, ot.ber than 
CI soundtrack associated with a film, but inc:l.udes, in 
relation to a performance, a film incorporating the 
performance; 
"recording" in rdation to a performance means 0 film or 
') - ) 
sound recording -
(i) made directly from the live performance; 
(ii) made from a broadcast of, or cable progr01 rune 
including, the performance; or 
(iii) made directly or indirectly from another recording of 
the performance; 
(r) "rental" means any arrangement under which a copy of a 
work is made available -
(i) for payment in money or money's worth; or 
(ii) in the course of a business, as part of serviCE~S or 
amenities for which payment is made, 
on termG that it will or may be returned; 
(s) "reprographic process" means a process .. 
(il for making facsimile copies; or 
(ii) involving the use of an appliance for making 
multiple copies, 
and in relation to a work held in electronic f()rm, 
includes any copying by electronic means bIt does 
not include the making of a film or sound recording; 
(t) 1/ sculpture" includes a cast or model made for purr::.oses of 
sculpture; IP/N/1/GUY/C/1 
Page 22 
(u) "sound recording" means -
(i) a recording of sounds from which sounds mery 
be reproduced; or 
(iD .a recording of the whole or any part of litermy, 
dramatic or musical work from which sounds 
mproducing the work or part thereof may bG 
produced, 
regardless of the medium on which the recording iE: made 
or the mefuod by which the sounds are reproduced or 
produced; 
(v) "specifh3d country" means a country specified by the 
Minister by order made under section 144; 
(w) "telecommunication service" means a system for conveying 
visual images, sounds or other information by 
electronic means; 
(x) "typeface" includes an ornamental motif used in printing; 
(y) "unauthorised",when used to describe any act dOnE;) in 
relation to a work means -
(i) if copyright subsists in the work, any act dOil(~ 
otherwise than by or with the licence of the owner 
of the copyright; 
(iD if copyright does not subsist in the work, any 
act done otherwise than by or with the licence of 
fue author or person lawfully claiming under 
him; 
(z) "wireless telegraphy" means the sending of 
electromagnetic energy over paths not provided 
by a material substance constructed or arranged for 
that purposet 
(3) In this Act-Publi-
cation. (a) "work" rneans -
(i) a literary, dramatic, musical or artistic work; 
(i1) a sound recording, film, broadcast or cable 
programme; 
(iii) the typographical arrangement of a published 
edition; IP/N/1/GUY/C/1 
Page 23 
(b) "work of joint authorship" means a work produced by the 
collaboration of two or more authors in which the 
contribution of each author is not separate from the 
cl)ntribution of the other author or authors; 
(c) "writing" includes any form 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 recorded, and "written" shall be construed 
accordingly. 
(4) 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 written down, 
recorded or expressed in some other material form. 
3.-(1) Subject to the following provisions of this section, for the purposes of this 
Act publication in relation to a work means the issue of copies of the work to the 
public (whether by way of sale or otherwise) including, where the work is a 
li~erary, musical, dramatic or artistic work, the making available of copies to the 
public by means of an electronic retrieval system; and all related expressions 
shall be construed 'accordingly, IP/N/1/GUY/C/1 
Page 24 
(2) Referencf,!s in this Act to the issue to the public of copies of a work are 
to the act of putting into circulation copies not previously pu~ into circulation in 
Guyana or elsewhere, and not to-
(a) any subsequent distribution)sale, hiring or loan of those copies; or 
(b) any subsequent importation of those copies into Guyana 
except that in relation to sound recordings, films and computer programs, the act 
of issuing copies to the public includes any rental of copies to the public. 
(3) For the purposes of this Act "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 wben 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. 
(4) In the case of a work of architecture in the form of a building or an 
artistic work incorporated in a building, construction of the building shall be 
treated as equivalent to publication of the work. 
(5) The following do not constitute publication for the purposes of this 
Act-
·rhe 
(a) inlase of a literary, dramatic or musical work-
(i) the performance ofthe work; or 
(ii) the broadcasting of the work or its inclusion in a cable 
programme service (otherwise than for the purposes of an 
electronic retrieval system); Cb) in the case of an artistic work-
(i) the exhibition of the work; IPIN/1IGUYICI 1 
Page 25 
(ii) the issue to the public of copies of a graphic work 
representing, or of photographs of a work of architecture in 
the form of a building Of a model for a building a sculpture 
or a work of artistic craftsmanship; 
(iii) the issue te 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 playing or showing of the work in public; or 
(ii) the broadcasting of the work or its inclusion in a cable 
programme servIce. 
(6) A publication that is merely colourable and is not intended to satisfy 
the reasonable requirements of the public shall be disregarded for the purposes of 
this Act except in so far as it may constitute an infringement of copyright or rights 
conferred on performers or persons having recording rights or may constitute an 
offence under this Act. 
(7) FOf the purposes of this Act a publication in Guyana or m 
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 took place 
within a period of not more than thirty days. IP/N/1/GUY/C/1 
Page 26 
Lawful 
of broad-
cast. (8) In determining for the purposes of any provision of this Act-
Ca) whether a work has been published~ 
Cb) whether a publication of a work was the first publication of 
the work; or 
(c) whether a work was published or otherwise dealt with in 
the lifetime of a person, 
anv unauthorized publication or the doing of Hny other unauthorized act shall be 
disregarded. 
4 ... (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 made available to members of the public by or with 
the authority of the person making the transmission or the person providing the 
contents ofthe transmission. 
(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 
(b) to any person providing the programme who makes with the 
person transmitting it, the arrangements necessary for its 
transmission, 
references 
and references in this Act to a programme, in the context of broadcasting, aretto I ... 
any item included in a broadcast. Require-
ments 
for 
protec· 
tiOll. 
Categ·· 
oryof 
eligible 
works. PART If -COPYRIGHT 
Protected Work IPINI1 IGUY/CIl 
Page 27 
5.-(1) Unless otherwise specifically provided in this Act, copyright shall not 
subsist in any work unless it satisfies the requirements specified in this Part as 
respects-
Ca) the category of work; and 
(b) either-
Ci) the qualification of the author; or 
(ii) the country or place of first publication, or in the case of a 
broadcast or cable programme, the country or place where 
it is made or from which it is sent, as the case may be. 
(2) If the requirements of this Part or of section 146 are once satisfied in 
respect of a work, copyright does not cease to subsist by reason of any subsequent 
event. 
6.-(1) Copyright is a property right which, subject to the provisions of this 
sectlon, may subsist in the following categories of work-
Ca) original literary, dramatic, musical or artistic works; 
Cb) sound recordings, films )broadcasts or cable programmes; 
(c) typographical arrangements of published editions, 
and copyright may subsist in a work irrespective of its quality or the purpose for 
which it was created. 
(2) A compilation of data or other material (database), whether in 
machine-readable or other form, is eligible for protection as a literary work, but 
such compilation shall be regarded as original only if, by reason of the selection IP/N/lIGUY/C/l 
Page 28 
or arrangement of its contents, the compilation constitutes the author's own 
il·.tellectual creation; but such protection does not extend to any data or other 
material formihg part of the compilation and is without prejudice to any copyright 
subsisting in any such data or other material. 
(3) A literary, dramatic or musical work shall not be eligible for copyright 
protection unless it is recorded in writing or otherwise, and any reference in this 
Act to the time at which a work is made is a. reference to the time at which it is so 
recorded. 
(4) For the purposes of subsection (3), it is immaterial whether the work is 
recorded by or with the permission of the author~ and where it is not recorded by 
the author, nothing in that subsection shall affect the question whether copyright 
subsists in the record of the work as distinct from the work recorded. 
(5) Copyright shall not subsist in a sound recording or film which is, or to 
the extent that it is, a copy takell from a previous sound recording or film. 
(6) Copyright shall notsubsist in a broadcast which infringes, or to the 
extent that it infringes, the copyright in another broadcast or in a cable 
programme. 
(7) Copyright shall not subsist in a cable programme-
(a) if it is included in a cable programme service by reception and 
immediate re-transmission of a broadcast; or 
(b) ifit infringes, or to the extent that it infringes, the copyright in 
another cable programme or in a broadcast. 
(8) Copyright shall 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. QuaJi -
fication 
for pm-
tection: 
author. 
Qualifi -
cation 
for pro-
tec1inn: IPINIlIGUYIC/1 
Page 29 
(9) Copyright protection does not extend to an idea, concept, process, 
principle, procedure, system or discovery or things of a similar nature. 
7. -(1) A work qualifies for copyright protection if the author was a qualified 
pdson at the material time. 
(2) A work of joint authorship qualifies for copyright protection if any of 
the authors satisfies the requirement of subsection (1), so, however, that where a 
work qualifies for copyright protection only under this section, only those authors 
who satisfy such requirement shall be taken into account for the purposes of 
sections 9 and 22. 
(3) In this section "the material time" means in relation to-
Ca) an unpublished literary, dramatic, musical or artistic work, when 
the work was made or, if the work extended over a period, a 
s.ubstantial part of that period; 
Cb) a published literary, dramatic., musical or artistic work, when the 
work was first published or, i~the author had died before that time. 
immediately before his death; 
( c) a sound recording or film, when it was made; 
(d) a broadcast, when the broadcast was made; 
Ce) a cable programme, when the programme was included in a cable 
programme service; 
(f) thetypographica\ arrangement of a published edition, when the 
edition was first published. 
8.-(1) A literary, dramatic, musical or artistic work, a sound recording or film, or 
th',:: :ypographical arrangement of a published edition qualifies for copyright 
protection if, having regard to section 3, it is first published in Guyana 
or a specified country. IPINIlIGUY/C/I 
Page 30 
plac~ of (2) A broadcast qualifies for copyright protection if it is made 
publi- from n place in Guyana or a specified country by a broadcasting 
cation, organization in possession of a valid licence granted to it under any law in 
etc. Guyana or a specified country regulating broadcasting. 
(3) A cable programme qualifies for copyright protection if it is sent 
from a place in Guyana or in a specified country in accordance with the 
in Guyana or that country 
law in forceAegulating transmission by cable. 
Nature of 9.-(1) By virtue of and subject to the provisions of this Act, the owner of the 
copyright copyright in a work shall have the exclusive right to do or to authorize other 
protcc·· persons to do any of the following acts in Guyana '-
tion: (a) to copy the work; 
eco- (b) to issue copies of the work to the public; 
nomic (c) to perform the work in public or, in the case of a sound recording, 
and film, broadcast or cable programme, to play or show the work in 
mora( public; 
rights. (d) to broadcast the work or include it in a cable programme service; 
or 
(e) to make an adaptation of the work and, in relation to such 
adaptation, to do any o! all of the foregoing acts. 
(2) For the purposes of subsection (1) references to the doing of any act in 
relation to any work means the doing of the act-
Ca) in relation to the whole or any substantial part of the work; and 
Cb) either directly or indirectly, 
aed it is immaterial whether any intervening acts themselves infringe copyright. DUffl.1ion 
of copy-
rightiu 
literary, 
etc. 
works. IPIN/1IGUY/CI 1 
Page 31 
(3) 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 
(b) 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 Ill. 
Duration a/Copyright Protection 
10.-(1) Subject to the provisions of this secHon, copyright in any literary, 
dramatic, musical or artistic work expires at the end of the period of fifty years 
from the end of the calendar year in which the author dies. 
(2) Where the authorship of a work referred to in subsection (1) is 
unknown, copyright in that work expires at the end of the period of fifty years 
from the end of the calendar year in which it was first made available to the 
public, and subsection (1) shall not apply if the identity ofthe author becomes 
known after the end of that period. 
(3) For the purpose of subsection (2) acts which constitute the making 
available of a work to the public include-
(a) in relation to a literary, dramatic or musical work, the performance 
of the work in public or ,its broadcast or inclusion in a cable 
programme servlce~ 
Cb) 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 unauthorized act shall be 
di sre garded. IP/N/1/GUY/C/1 
Page 32 
(4) The provisions of subsections (1) and (2) shall not apply to computer-
generated work, the copyright in which expires at the end of the period of fifty 
years from the end of the calendar year in which the work was made. 
(5) In relation to a work of joint authonhip-
(a) the reference in subsection (1) to the death of the author shall be 
construed-
(i) where the identity of a.ll the authors is known, as a 
reference to the death of the last of them to die; 
(ii) 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 
(b) the reference in subsection (2) to the identity of the author 
becoming known, shall be construed as a reference to the identity 
of any of the authors becoming known. 
(6) This section does not apply to copyright which subsists by virtue of 
section 146. 
Duration 11. -(1) Copyright in a sound recording or film expires at the end of the period of 
of GOpy- fifty 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 oi'that period, fifty years from the end 
sound of the calendar year in which it is so made available. 
record- (2) For the purposes of subsection (1) a sound recording or film is made 
mgs available to the public when-
and (a) it is first published, broadcast or included in a cable programme 
films. servIce; Duratjr:~) 
of 
c<?py-
right in 
broad 
casts 
and 
cable 
pro-
grammes. 
of copy·· 
right lr. 
typogra-
phical 
arrange-
ments. IPINIlIGUY/CIl 
Page 33 
(b) in the case of a film or film sound-track, the film is first shown in 
public, 
but in detennining whether a sound recording or film has been made available to 
the public, any unauthorized act shall be disregarded. 
12.-(1) Copyright in a broadcast or cable programme expires at the end of the 
per:cJ of fifty years from the end of the calendar year in which the broadcast was 
made or the programmeinc1uded 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 the expiry of the copyright in the original broadcast or 
cable programme. 
(3) Reference in subsection (2) to a repeat broadcast or a repeat 
programme means one which is a repeat of a broadcast previously made or as the 
case may be, of a cable programme previously included in a cable programme 
servIce. 
13. Copyright in the typographical arrangement of a published edition expires at 
the end of the period of twenty-five years from the end of the calendar year in 
which the edition was first published. IP/N/1/GUY/C/1 
Page 34 
PART ID -MORAL RIGHTS AND RELATED RIGHTS 
Identification with Work 
Right ip 14.(1) Subject to subsection (9) and to such exceptions as may be specified in or 
be pursuant to any other provision of this Act, the author of a literary, dramatic, 
identi- musical or artistic work that is a protected work and the director of a film that is a 
fied as protected work have, respectively, the right to be identified as the author or, as 
author) the case may be, director of the work in the cin:umstances specified in this 
etc. 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, 
perfonned in public, broadcast or included in a cable programme 
servlce; or 
(b) copies of a film or sound recording including the work or an 
adaptation thereof are issued to the public. 
(3) The author ofa 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 \,."ork or an adaptation thereof is published commercially; 
. Cb) 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. 
(4) The author of an artistic work has the right to be identified as such 
whenever-IPINllfGUY fell 
Page 35 
(a) the work is published commercially or exhibited in public ora 
visual image of it is broadcast or included in a cable programme 
servIce; 
(b) 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 form of a building or a 
model for a building, a sculpture or a work of artistic 
craftsmanship, copies of a graphic work representing it or of a 
photograph of it, are issued to the public. 
(5) In addition to the right specified in paragraph Cc) of subsection (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 design, on the first to be com,tructed. 
(6) The director of a film has the rigH to be identified as such whenever 
the film is shown in public, broadcast or included 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 of 
copies of a film or sound recording, to be identified in or on each 
copy or, if that is not appropriate, in some other manner likely to 
bring his identity to the notice of a person acquiring a copy; 
(b) in the case of identification on a building, to be identified by 
appropriate means visible to persons entering or approaching the 
building~ and IPIN/1/GUYICIl 
Page 36 
(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, film, broadcast or cable programme in 
question, 
and the identification must, in each case, be clear and reasonably prominent. 
(8) For the purposes of this section, any reasonable form of identification 
may be used. 
(9) Except as may otherwise be explicitly provided by contract, tht: 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 of reporting current events; 
(c) the publication in a newspaper, magazine or similar periodical or 
in an encyclopaedia, dictionary, yearbook or other collective work 
of reference, of a literary, dramatic, musical or artistic work made 
for the purposes of such publication or made available with the 
consent of the author for purposes of such publication; 
(cl) a work in which copyright originally vested in an international 
organization by virtue of section 146, unless the author or director 
has previously been identified as such in or on published copies of 
the work. Riglr: to 
objec'i 
to dero-
gatmy 
treat-
ment 
of 
work. Objection to Treatment o/Work IPINIlIGUY/CIl 
Page 37 
15.-(1) Subject to subsections (2) and (3) and to such exceptions as may be 
specified in or pursuant to any other provision of this Act, the author of a literary. 
dramatic, musical or artistic work that is a protected work and the director of a 
film that is a protected work have, respectivdy, the right not to have the work or 
any part thereof subjected to derogatory treatment, and such right is infringed by 
any person who does any of the acts specified in section 37 in the circumstances 
so specified. 
(2) The right does'not apply in relation to-
Ca) a computer program or to a computer-generated work; 
Cb) 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 a 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 ofthe 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 allY such agreement as is referred to 
in that paragraph. 
(3) The right does not apply to anything done by or with the authority of 
the copyright owner in relation to works in which copyright originally vested in 
an internati onal organization by virtue of section 146 unless the author or 
director-IP /Nil fGUY fell 
Page 38 
Ca) is identified at the time of the relevant act; or 
Cb) 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 if there is a sufficient disclaimer. 
C 4) In this section-
Ca) "derogatory treatmenttl in relation to a work, means any addition ') 
to, deletion from, alteration to or adaptation ofthe work (not being 
a translation of a literary or dramatic work or an arrangement or 
transcription of a musical work involving no more than a change 
of key or register) which amounts to a distortion or mutilation of 
the work, or is otherwise prejudicial to the honour or reputation of 
the author or director, as the case may be; and 
(b) "sufficient disclaimer" means a clear and reasonably prominent 
indication-
(i) given at the time of the. act; and 
(ji) if the author or director is then identified, appearing along 
with the identification, 
that the work has been subject·~d to treatment to which the author 
or director has not consented. 
Related Rights 
False 16.-(l)A person has the right-
attribu- (a) not to have a literary, dramatic, musical or artistic work falsely 
tion of attributed to him as author~ and 
work. (b) not to have a film falsely attributed to him as 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. Right to 
pnva(;y 
ofphoto·-
graphs 
and 
films. 
Duratioll 
of mo·;al 
righ~s a od 
related 
rights. 
Conserlt 
and 
waIver 
of 
rights. IPINIl/GUY/C!1 
Page 39 
(2) The right conferred by subsection (1) is infringed in the circumstances 
specified in section 40. 
17. Subject to section 41, a person who for private and domestic purposes 
commissions the taking of a photograph or the making of a film has, where the 
resulting work is a protected work, the right not to have-
(a) 
Cb) 
(c) copies of the work issued to the public; 
the work exhibited or shown in public; or 
the work broadcast or included in a cable programme service. 
Supplementary 
] 8.-(1) The rights conferred by sections 14, 15 and 17 subsists so long as 
copyright subsists in the work. 
(2) The right conferred by section 16 subsists until the end of the 
period of twenty years from the end of the calendar year in which the person dies. 
19.-(1) A person having Cl right conferred under this Part may consent to the 
doing of any act affecting such right or may waive the right. 
(2) A right to which subsection (1) refers may be waived by instrument in 
writing signed by the pe~son 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 
(b) may be conditional or unconditional and may be expressed to be 
subject 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, li.nless a contrary intention is 
expressed. IP/N/lIGUY/C/l 
Page 40 
(4) Nothing in this Part shall be construed as excluding the operation of 
the general law of contract or estoppel in relation to an informal waiver or other 
transaction in relation to any of the rights to which this Part relates. 
Applica- 20.-(1) The right conferred under section 14 is, in the case ofa work of joint 
tion of authorship, a right of each joint author to be identified as a joint author. 
proVI- (2) The right conferred by section 15 is, in the case of a work of joint 
SlOns to authorship, a right of each joint author and his right is satisfied if he COllsents to 
joint the treatment in question. 
works. (3) A waiver of rights under section 19 by one joint author does not affect 
the rights of the other joint authors. 
(4) Subsections (1), (2) and (3) also apply, with such modifications as are 
necessary, in relation to a film which was, or is alleged to 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 17 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 ifhe consents to the act in question; 
and 
Cb) a waiver under section 19 by one of them does not affect the rights 
in the others. Appli-
cation of 
provi-
sions k 
parts of 
'W~Yk, 
Owner­
ship of 
copy­
right. 
Assign-
ment 
and 
licences. 21. The rights conferred by-IP/N/lIGUY/C/1 
Page 41 
Ca) sections 1.4 and 17 apply in relation to the whole or any substantial 
part of a work; and 
(b) sections 15 and 16 apply in relation to the whole or any 
part of a work. 
PART IV -OWNERSHIP AND ASSIGNMENT OF RIGHTS 
Ownership of Copyright 
22.(1) Subject to the provisions of this section, 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) Subsection (1) shall not apply to copyright subsisting in a work pursuarU. to 
section 146. 
(3) Where a protected work is a work of joint authorship the authors thereof 
shall be co-owners of the copyright in that work. 
(4) In respect of folklore, that is to say, all literary and artistic works that-
(a) constitute a basic element of the traditional and cultural heritage of 
Guyana; 
(b) were created in Guyana by various groups of the community; and 
( c) survive from generation to generation, 
the rights of the author vest in the State to the same extent as if the State had 
been the original creator of the folklore. 
(5) The rights of the State in respect of folklore are enforceable at the 
instance of the Attorney-General. 
Assignment of Copyright 
23. (1) Subj ect to the provisions of this section, copyright in a work may be 
transferred as moveable propelty by -
(a) 
Cb) assignment; 
testamentary disposition; or 
(c) operation of law, 
and a transfer pursuant to this section by way of assignment shall not be effective 
unless it is in writing and signed by or on behalf of the assignor. IP/N/lIGUY/C/1 
Page 42 
Prosftcc-r 
tive 
owner-
ship or 
copy-
right. (2) An assignment or other transfer of copyright may be partial, that is to say, 
limited so as to apply -
(a) to one or more, but not all, of the things the owner of the copyright 
has the exclusive right to do; 
(b) to part, but not the whole, of the period for which copyright 
subsists. 
(3) A licence granted by the owner of copyright in a work shall be binding on 
every successor in title to his interest in copyright except a purchaser in good faith 
for valuable consideration and without notice (actual or constructive) of the 
licence or a person deri.ving title from such a purchaser; and references in this Act 
to doing anything with or without the licence of the owner of the copyright shall 
be construed accordingly. 
24.-(1) Where by an agreement made in relation to future copyright, and signed 
by or on behalf of the prospective owner of the copyright, the prospective owner 
purports to assign the future copyright (wholly or partially) to another person, 
then, iron the coming into existence of the copyright the assignee or another 
person claiming under him would be entitled as against all other persom; to 
require the copyright to be vested in him, the copyright shall vest in the assignee 
or his successor in title by virtue of this subsection. 
(2) A licence granted by a prospective owner of copyright is binding on 
every successor in title to his interest (or prospective interest) in the right, except 
a purchaser in good faith for valuable consideration and without notice (actual or 
constructive) of the licence or a person deriving title from such a purchaser; anQ 
references in this Act to doing anything ""'lth or without the licence of the 
copyright owner shall be construed accordingly. Rights of 
exclusi ve 
licensee. 
Copy-
right in 
manu-
script 
passes 
undei 
will. 
Mora.l 
rights not 
assigmtble. 
Transmiy .. 
sion of 
mora) 
righj~ .? 
etc. on 
death. 25.-IP/NfIlGUY fell 
Page 43 
The licensee under an exclusive licence has the same rights against a 
successor in title who is bound by the licence as he has against the person 
granting the licence. 
26.-Where under a bequest (whether specific or general) a person is entitled, 
beneficially or otherwise, to-
(a) an original document or other material thing that records or 
embodies a literary, dramatic, musical or artistic work which was 
not published before the death of the testator; or 
(b) an original material thing containing a sound recording or film 
which was not published before the death of the testator, 
then j unless a contrary intention is indicated in the testator's will or a codicil to it, 
the bequest shall be construed as including the copyright in the work in so far as 
the testator was the owner of the copyright immediately before his death. 
27. The rights conferred under Part III are not assiI:,rnable. 
28.-(l) On the death of a person entitled to the right conferred by section 14, 15 
or 17 -
(a) the right passes to such person as he may by testamentary 
disposition specifically direct; or 
(b) if there is no such direction but the copyright in the work in 
question forms part of his estate, the right passes to the person to 
whom the copyright passes, 
and if, or to the extent that, the ri!Sht does not pass under paragraph (a) or (b)~ it is 
exercisable by his personal representatives. IP INIl/GUY /ell 
Page 44 
(2) Where copyright forming part of a person's estate passes in part to one 
person and in part to another any right which passes with the copyright by virtue 
of subsection (1) is correspondingly divided. 
(3) Where by virtue ofparagraph(a) or (b) of subsection (1) a right 
becomes exercisable by more than one person, then-
Ca) where the right is conferred by section 15 or 17, it is a right 
exercisable by ea.ch of them and is satisfied in relation to any of 
them if he consents to the treatment or act in question; and 
(b) any wai ver of the right in accordance with section 19 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 subsection (1). 
(5) Any infringement after a person's death of the right conferred by 
sect; on 16 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 shall devolve as part of 
his estate as if the right of action had subsisted and been vested in him 
immediately before his death. Meaning 
of "action", 
Part Sll-b-
jectto 
other 
pro-
visions. 
Acts 
infring· 
mg 
copy-
right. PART V -INFRINGEMENT OF RIGHTS 
General Provisions IP/N/IIGUY/CIl 
Page 45 
79 In this Part "action" includes a counterclaim and references to the 
) 
plaintiff and to the defendant in an action shall be construed accordingly. 
30. This Part shall have effect subject to such provisions oftrus Act as-
(a) authorize the doing of specified acts in relation to a protected 
work; or 
(b) provide for the licensing of a protected work. 
Infringement of Copyright 
31. -(1) The copyright in a work is infringed by any person who, without the 
licence of the copyright owner, does, in relation to that work, any of the acts 
whil';h the copyright owner has the exclusive right to do pursuant to section 9. 
(2) Copyright in a work is infringed by a person who, without the licence 
of the copyright owner, imports into Guyana for any purpose other than 
for his private and domestic use, an article which he knows or has reason to 
believe is, an infringing copy of the work. 
(3) Copyright in a work is infringed by a person who, without the licence 
of the copyright owner-
Ca) possesses in the course of a business; 
(b) sells or lets for hire or offers or exposes for sale or hire; 
(c) exhibits in public or distributes in the course of a business; or 
(d) distributes otherwise than in the course of a business, to such an 
extent as to affect prejudicially the copyright o\vner, 
an article which is, and which he knows or ha.s reason to believe is an infringing 
copy of the work. IP/N/1/GUY/CIl 
Page 46 
(4) Copyright in a work is infringed by a person who, without the licence 
of the copyright owner-
(a) makes; 
(b) imports into Guyana; 
(c) possesses in the course of a business; or 
(d) sells or lets for hire or offers for sale or hire, 
all 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. 
(5) 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 (otherwise than by broadcasting or inclusion in a cable programme 
service) knowing or havi ng reason to believe that infringing copies of the work 
will be made by means of the reception of the transmission in Guyana 
or elsewhere. 
(6) Where the copyright in a literary, dramatic or musical work is 
infr:nged by a performance at a place of public entertainment, any person who 
gave permission for that place to be used for the performance is also liable for the 
infringement unless when he gave permission he believed on reasonable grounds 
that the performance would not infringe copyright. 
(7) Where copyright in a work is infri!!.ged by a public perfonnance of the 
work or by the playing or showing of the work in public by means of apparatus 
for playing sound recordings or showing films or receiving visual images or 
sou.nds conveyed by electronic means, the pertlOns specified in subsection (8) are 
also liable for the infringement. 
(8) The persons referred to in subsection (7) are-Action by 
owner of 
copyright. IPINIlIGUY/CIl 
Page 47 
Ca) a person who supplied the apparatus or any substantial part of it, if 
when he supplied the apparatus or part-
(i) he knew or had reason to believe that the apparatus was 
likely to be so used as to infringe copyright; or 
(ii) in the case of apparatus whose normal use involves a 
public perfonnance, playing or showing, he did not believe 
on reasonable grounds that it would not be so used as to 
infringe copyright; 
(b) an occupier of premises who gave permission for the apparatus to 
be brought onto the premises, if when he gave permission he kne,w 
or had reason to believe that the apparatus was likely to be so used 
as to infringe copyright; and 
(c) a person who supplied a copy of a sound recording or film used to 
infringe copyright, if when he supplied it he knew or had reason to 
believe that what he supplied or a copy made directly or indirectly 
from it, was likely to be so used as to infringe copyright. 
Remedies of Copyright Owner 
32.-(1) An infringement of copyright shall b~ actionable at the suit of the: 
copyright owner; and;ubject to the provisions of this section, in any action for 
such an infringement all such relief by ,way of damages, injunction, accounts or 
otherwise, shall be available to the plaintiff as is available in respect ofthe 
infringement of other proprietary rights. 
(2) Where in an action under this section an infringement of copyright is 
proved or admitted the court, having regard to any benefit accruing to the 
defendant by reason of the infringement, to the flagrancy of the infringement and 
to all other material considerations, shall have power to award such additional 
damages as the court may consider appropriate in the circumstances. IPINIlIGUYICIl 
Page 48 
(3) Where in an action for infringement of copyright it is shown that at the 
time of the infringement the defendant did not know and had no reason to believe 
that copyright subsisted in the work to which the action relates, then, the plaintiff 
is not entitled to damages against him, but without prejudice to any other remedy. 
Ordf.l 33.-(1) Subject to the provisions of this section and section 35 (6), where a 
for person-
delivery Ca) in the course of his business has an infringing copy of a work in 
up 10 his possession, custody or control~ or 
civil (b) has in his possession, custody .e)f control an article specifically 
, proceeu" designed or adapted for making copies of a particular 
mgs. protected work, knowing or having reason to believe that it has 
been or is being used to make jnfringing copies, 
th~ copyright owner may apply to the court for an order that the infringing copy 
or article be delivered up to him or to such other person as the court may direct. 
(2) An application under subsection (1) shall not be made after the end of 
the period specified in section 138 (1); 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 137 for the disposal of the infringing copy or article, as the 
case may be. 
(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 order under section 137 is 
not made, retain it pending the making of an order or the decision not to make an 
order, under that sectjon. lnfringe-
rights of 
exclusive 
licensee. 
Infringe-
ment 
where 
rights 
con-
curren.~. Remedies afExclusive Licensee IPIN/1/GUY/C/1 
Page 49 
34. An exclusive licensee has, except against the copyright owner, the same 
rights and remedies in respect of matters occurring after the grant of the licence 
as if the licence had been an assignment. 
35.-(1) The rights and remedies of an exclusiye licensee are concurrent wjth 
those of the copyright owner and references in the relevant provisions of this Act 
to the copyright owner shall be construed accordingly. 
(2) In an action brought by an exclusive licensee by virtue of this section, 
a defendant may avail himself of any defence which would have been available to 
him if the action had been brought by the copyright owner. 
(3) Where an a~tion for infringement of copyright is brought by the 
copyright owner or by an exclusive licensee, and the action relates (wholly or 
partly) to an infringement in respect of which they have concurrent rights of 
action, the copyright owner or the exclusive licensee, as the case may be, shall 
"tIle 
not be entitled, except with the leave of the court, to proceed with~cti()n, unless 
the other party is either joined as a plaintiff in the action or added as a defend~nt; 
but this subsection shall not affect the granting of an interlocutory inju1lction on 
the application of either of them. 
(4) A copyright owner or exclusive licensee who is added as a defendant 
in pursuance of subsection (3) is not liable for any costs in the action unless he 
takes part in the proceedings. 
(5) Where an action for i.nfringement of copyright is brought which relates 
(wholly or partly) to an jnfringement in respect of which the copyright o'wner and IPINIl/GUy/ell 
Page 50 
r..Il exclusive licensee have or had concurrent rights of action, then, whel:her or not 
the copyright owner and the exclusive licensee are both parties to the action, the 
court-
(a) shall, in assessing damages take into account the tenns or the 
licence and any pecuniary remedy already awarded or avai.lable to 
either of them in respect of the infringement; 
(b) shall not direct an account of profits if an award of damages has 
been made or an account of profits has been directed in favour oT 
the other of them in respect of the infringement; and 
Cc) shall, if an account of profits is directed, apportion the profits 
between them as the court considers just, subject to any agreement 
between them. 
(6) The copyright owner shall notify any exclusive licensee having 
concurrent rights before applying under section 33 for an order for the delivery up 
of infringing copies of a work, and the court may, on the application oftlle 
licensee, having regard to the terms of the lir~nce, make such order under section 
33 as it thinks fit. 
Infringement o/lvforal Rights and Related Rights 
Infringe- 36.-(1) Subject to subsection (2), the right conFerred by section 14 is iniI-inged 
ment oY by any person who fails to identify the author cof a work or the director of Cl film 
right to whenever any action specified in that section occurs in relation to that work or 
be identi.- film. 
fied as (2) The following acts shall not constitute an infringement of the right 
author conferred by section] 4 in relation to a work to the extent that such acts are 
or pemlitted under Part VI in relation to the work-
director. (a) fair dealing with the work for the purposes of criticism, review or Infringe·· 
ment of 
right lo 
object 
to 
deroga-
tory 
treat-
ment of 
work. IPIN/1/GUY/CIl 
Page 51 
the reporting of current events by means of a sound recording, 
film, broadc.ast or cable programme; 
(b) the incidental inclusion of the work in an artistic work, sound 
recording, film, broadcast or cable programme; 
(c) the use of the work for examination purposes; 
(d) acts done for the purposes of parliamentary or judicial proceedings 
or proceedings of a statutory inquiry; 
(e) the use of design documents and models; 
(t) the use of a design derived fiom artistic work; 
(g) acts permitted in relation to a~onymous or pseudonymous. works 
on the assumption that copyright in the work has expired or that 
the author is dead. 
37.-(1) The righ,t conferred on an author o,r. a director by section 15 to object to 
derogatory treatment of his work is infringed whereithe acts described in 
subsections (2) to (5) are done in relation to that work; and for the pw-poses of 
this Part, "derogatory treatment" has the same meaning as that specified in section 
15 (4). 
(2) In the case of a literary, dramatic or musical work, the right is 
infringed by a person who-
(a) publishes commercially, performs in public, broadcasts or includes 
in a cable programme service, a derogatory treatment of the "York; 
or 
(b) issues to the public copies of a film or sound recording of or 
including a derogatory treatment of the work. 
(3) In the case of an artistic work, the right is infringed by a person who-IP/N/lIGUY/CIl 
Page 52 
Ca) publishes commercially or exhibits in public a derogatory 
treatment of the work, or broadc.asts or includes in a cable 
programme service a visual image ofa derogatory treatment of the 
work~ 
(b) shows in public a film including a visual image of a derogatory 
treatment of the work or issues to the public copies of such a film; 
or 
(c) in the cas(~ of a work of architecture in the fonn of a model for a 
building or in the case of a. sculpture or work of artistic 
craftsmanship, issues to the public copies of a graphic work 
representing, or of a photograph of, a derogatory treatment of the 
work. 
(4) Subsection (3) does not apply to a work of architecture in the form ofa 
building; but where the author of such a work is identified on the building and it 
is the subject of derogatory treatment, he has the right to require the identification 
to be removed 
(5) In the case of a film, the right is infringed by a person who-
(a) shows in public, broadcasts or includes in a cable programme 
service a derogatory treatment of the film; or 
Cb) issues to the pubJic 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, or issues to the public copies of, a 
derogatory treatment of the film sound-track. Infri.llr;e-
pos:;e~-
sion of 
infring-
mg 
article. 
Actmot 
infring-
ing 
secLon 
15. IP /Nil IGUY lell 
Page 53 
38.-(1) The right conferred by section 15 is also infringed by a person who-
(a) possesses in the course of a business; 
(b) sells or lets for hire or offers or exposes for sale or hire; 
(c) in the course of a business, exhibits in public or distributes; 01" 
(d) distributes otherwise than in the course of a business, so as to 
affect prejudicially the 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) An "infringing article" means a work or a copy of a work which-
(a) has been subjected to derogatory treatment as defined in section 
15; and 
(b) has been or is likely to be the subject of any of the acts mentioned 
and in this section 
in section 3Jin circumstances infringing that right. 
39.-(1) The right conferred by section 15 i:5 not infringed by any act done for the 
purpose of-
(a) avoiding the commission of an offence: or 
(b) complying with a duty impor.ed by or under an enactment, 
so, however, that where the author or ~irector is identified at the time of the 
relevant act or has previously been identified in or on published copies of the 
work, there shall be a sufficient disclaimer. 
(2) In subsection (1) "sufficient disclaimer" means a clear and reasonably 
J 
prominent indication-
(a) given at the time of the act; :lnd IP/N/1/GUY/C/l 
Page 54 
(b) if the author or director is thep identified, appearing aloIlg with the 
identitication, 
that the work has been subjected to treatment to which the author or director has 
not consented. 
False 40. (l) Subject to the provisions of this section, the right conferred on a person 
attribu- by section 16 not to have a literal)" dramatic., musical or artistic work falsely 
tion of attributed to him as author or a film falsely a~tributed to him as director, is 
work; infringed by a person who-
infringe- (a) issues to the public copies of a work of any of suc:h work in 
ment of or on which there is a false attribution; 
right. (b) exhibits in public an artistic work or a copy 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 of a literary, dramatic or musical work, perfomls the 
work in public, broadcasts it or includes it in a cable programme 
servi ce as being the work of a person; or 
Cb) 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 person, 
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 subsection (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 sllbsection 
(1) in or on which there is a false attribution; or lnfringp.-
ment of 
pnvacy 
right i.t) 
photo. 
graphs etc. 
) lP/NllIGUY lell 
Page 55 
Cb) 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 case of an artistic work, the right is also infringed by a 
person who in the course of a busi.ness-
Ca) deals with a work which has been altered after the author parted 
with possession of it as being the unaltered work of the author; or 
(b) 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, 
// 11 11)1 /( 'f 
(6) H,eferences in this secti on to dealS. are to sells . or letts. . for hire, 
It ,I 
A f'~ 11 11. ". 1 h' 1/ h'b"'" bI' d' 'b . o leT! or exposes' lor sa e,or Ire, ex 1 Its· In pu le or lstn ute> • 
(7) This section applies where a work is falsely represented as being an 
adaptation of the work of a person as it applies where the work is falsely 
attributed to a person as author. 
41. The right conferred by section 17 in relation to a commissioned photograph or 
film is infringed by a person who does or authorizes the doing of any act 
.' 
mentioned in that section in relation to that work; but the right is not infringed by 
any act which, pursuant to Part VI, would 110t infringe copyright in the work. 
Effect of 42. It is not an infringement of any right conferred by section 14, 15, 16 or 17 to 
consent and do any act to which the person entitled to the right has consented pursuant to 
W£!l ver section 19 or in respect of which he has given a waiver pursuant to that section. IP/N/l/GUY/CIl 
Page 56 
Remedies for Infringement of Moral Rights and Related Rights 
Remedies 43. (1) The infringement ofa right conferred under section 14, 15, 16 or 17 is 
for in- J.cLionable as a breach of duty owed to the person entitled to the right. 
fringing (2) In an action for infringement of the right conferred by sectioll 15, the 
moral court may, if it thinks it an adequate remedy in the circumstances, grant an 
rights, inj unction on terms prohibiting the doing of any act unless a disclaimer is made 
etc. on such terms and in sw;h manner as may be approved by the court, dis;,ociating 
the author or director from the treatment of the work. 
(3) Where in any action an infringement of a right referred to in 
subsection Cl) is proved or admitted, the court may order the defendant to publish 
such correction in such hmns and in such manner as the court may direct. 
Presumptions 
PresWTIt'- 44. (1) In an action brought by virtue of this Part with respect to a literary, 
tions dramatic, musical or artistic work, the presumptions specified in this section shall 
where apply. 
action (2) Where a name purporting to be that of the author appeared on the 
relate:. work when it was madc or on copies of the work as published, it shall be 
to presumed that the person whose name appeared is the author of the work and also 
literary the owner of copyright in the work, until the contrary is proved. 
works, (3) In the case of a. work alleged to be a work of joint authorship, 
etc. subsection (2) applies in relation to each person alleged to be one of the authors. 
(4) Where ll(\ name purporting to be that of the author appeared as 
mentioned in subseclion (2) but-
(a) pursuant to section 8 (1), the work qualifies for copyright 
protection by virtue of the country of first publication; and PreSUlJlp-
tions 
where 
action 
relates 
to SOUI:<.1. 
record-
mg, 
film or 
comput,~r 
pro-
gram. IPINIl/GUY/CIl 
Page 57 
Cb) a name purporting to be that of the publisher appeared on the 
copies of the work as first published, 
then, it shall be presumed that the person whose name appeared was the owner of 
copyright at the time of pub] ication, until the contrary is proved. 
(5) Where the author of the work is dead or where the identity of the 
author cannot be ascertained by reasonable inquiry, it shall be presumed, until the 
contrary is proved-
(a) that the work is an original work; and 
(b) that the plaintiffs allegations as to what was the first publication 
of the work and as to the country of first publication are correct. 
45 (1) In an action bmught by virtue of this Part with respect to a sound 
recoding, film or computer probrram, the presumptions specified in this section 
shall apply. 
(2) In an action brought by virtue of this Part with respect to a sound 
recording, where copies of the recording as issued to the public bear a label or 
other mark stating-
Ca) that a named person was the owner of copyright in the recording at 
the date of issue of the copies; or 
(b) that the recording was first published in a specified year or in a 
named 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 brought by virtue of this Part with respect to a fihn, where 
copies of the film as issued to the public bear a statement -IP/N/1/GUY/CIl 
Page 58 
Ca) that a named person was the author or director of the mm; 
(b) that a named person was the Qwner of copyright in the film at the 
date of issue of the cop.ies; or 
( c) that the film was first published in a specified year or in a named 
country, 
the statement shall be admissible as evi·dence of the facts stated and shall be 
presumed to be correct until the contrary is proved. 
(4) In an action brought by virtue of this Part with respect to a I~omputer 
program, where copies of the program are issued to the public in electronic form 
bearing a statement-
(a) that a named person was the owner of copyright in the program at 
the date of issue of the copies; or 
(b) that the program was first published in a named country or thqt 
copies of it were first issued to the public in electronic D::>rm in a 
specified year, 
the statement shall be admissible as evidence of the 
facts stated and shall be presumed to be correct until the contrary 
is proved. 
(5) The presumptions specified in subsections (2), (3) and (4) apply 
equally in an action relating to an infringeme:at alleged to have occurred before 
the date on which the copies were issued to the public. 
(6) In an action brought by virtue of this Part with respect to a fi Im, where 
the film as shown in public, broadcast or included in a cable programme service 
bears a statement-
(a) that a named person was author or director of the film; or Penaltjl~s 
of deal-
mgs 
which 
infringe 
copyright. IP!N1l fGUY fell 
Page 59 
Cb) that a named person was the owner of copyright in the film 
immediately after it was made, 
the statement shall be admissible as evidence of the facts stated and shal.! 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 was shown in public, broadcast or included :in a cable 
programme servIce. 
Offences 
46. (I) Any person who at a time when copyright in a work subsists by virtue of 
this Act-
Ca) makes tlJf sale or hire; 
(b) in the course of a business sells or lets for hire, or offers or 
exposes for sale or hire, exhibits in public or distributes; 
(c) imports into Guyana for purposes other than his private 
and domestic use; or 
(d) distributes otherwise than in the course of a business to such an 
extent as to affect prejudicially the owner of the copyright, 
any article which he km,lws 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 
viitue of this Act, makes or has in his possession an article specifically designed 
or adapted for making c(lpies of that 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. IPIN/lIGUY/CIl 
Page 60 
(3) Any person who causes-
Ca) a literary, dramatic or musical work to be performed in public; or 
Cb) a sound recordin.g 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 that copyright subsists in the work and that 
the perfonnance, playing or showing, as the case may be, constitutes an 
infringement of the copyright, commits an offence. 
(4) 
shall he liable -Any person who is guilty of an offence under subsectton (I) 
Ca) . on summary conviction to a fine of fifty thousand 
dollars and to imprisonment for two years; 
(b) on conviction on indictment to a fine of two 
hundred and fifty thousand dollars and to 
imprisonment for five years. 
(5) A person guilty of an offence under this section, other than 
an offence under subsection (1), is liable -
(a) on summary conviction to a fine of twenty-five 
thousand dollars and to imprisonment for one year; 
(b) on conviction oh indictment to a fine of one 
hundred thousand dollars and to imprisonment for 
three years. Presump-
tions not 
to apply. 
Order te 
deliver 
up In 
criminal 
proceed-
lOgS. IPlNfllGUY fell 
Page 61 
47. The presumptions specified in sections 44 and 45 do not apply to proceedings 
for ~ll offence under section 46, but without prejudice to their application to 
proceedings for an order under section 48. 
48. (1) Subject to subsecti.on (2), the court before which proceedings are brought 
against a person lur all orfence under section 46 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 aT a 
business an infringing copy ofa protected work~ or 
(b) he had in his possession, custody or control an article speclfically 
designed or adapted for making copies of a particular protected 
work knowing or having reason to believe 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 
to 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-
Ca) after the time specified in section 138, or 
(b) if it appears to the court unlikely that any order will be made under 
section 137. 
(3) An appeallies to the Court of Appeal from an order made under this 
section by a 1'v1agislrate's Court. 
( 4) A person to whom an infringing copy or other article is deli vered 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 order under section 137. IP/N/lIGUY/C/1 
Page 62 
Applica·, 
tion of 
provisions 
as to 
re cntry)etc. 
Restrict·· 
mg l:n-
portatio'1 
of in-
fringing 
copies. Supplementary 
49. For the purposes of this Part, the provisions of sections 140 and 141 shall 
apply in respect of the entry and search of any premises. 
50,· (1) The owner of the copyright in any published literary, dramatic or musical 
work may give notice in writing to the 'Com}:troller of Customs -
(a) that he is the owner of the copyright in the work; and 
(b) that he requests the Comptrol1e.r to treat as prohibited goods 
Cap. 82:0] under the Customs Act" during a period specified in the notice, 
printed copies ofthe work which are infringing copies. 
(2) The period specified in a notice given under subsection (1) shall not 
exceed five years and shall not extend beyond the end of the period for 'which the 
copyright may subsist. 
(3) The owner of the copyright i~1 a sound recording or film may give 
notice in writing to the Comptroller of Customs -
(a) that he is the owner of the ~opyright in the work; 
(b) that infringing copies of the work are expected to arrive in 
Guyana at a time and a place specified in. the notice; and 
(c) that he requests the Comptroller to treat the copies as prohibited 
goods under the Customs Act . 
(4) Subject to subsection (5), where a notice has been given ill accordance 
with this section, the importation into Guyana of goods to which the 
notice relates is prohibited; but notwithstanding anything contained in the Cap.82:01 IPlNllIGUY/CIl 
Page 63 
Customs Act, a person is not liable to any penalty under that Act other than 
forfeiture of the goods, by reason that any goods are treated as prohibited goods 
by virtue ofthis section. 
(5) The importation of any article by a person for his private and domestic 
use is not prohibited under subsection (4). 
(6) A person giving a notice under this section shall-
(a) comply with such conditions as the Comptroller ofCu.stoms may 
by regulations prescribe; and 
(b) satisfy such requirements as may be so prescribed in connection 
with the giving of the notice, including requirements relating to-
(i) the form of the notice; 
(H) the furnishing of evidence, whether on giving notice, or on 
the importation of the goods, or at both such time:s; 
(iii) the payment of fees in respect of the notice; 
(iv) the giving of security in respect of any liability or expense 
which the Comptroller may incur in consequence of the 
notice by reason of the detention of any article or anything 
done to an aliicle detained; 
(v) the indemnification of the Comptroller of Customs 
against any such liability or expenses, whether security has 
been given or not~ and 
(vi) any incidental or supplementary matters, 
and the regulations may make different provisions as respect 
different classes of case. 
(7) Regulations made under subsection (6) shall be subject to llegative 
resolution of the National Assembly, IP/N/l/GUY/C/l 
Page 64 
Defini-
tion of 
"sut1l-
cient ac-
knowJege·· 
ment". 
Research 
and 
private 
study. 
Criticism, 
reVlew 
and 
report-
mg. P ART VI -EXCEPTIONS TO INFRINGEMENT OF COPYRIGHT 
Preliminary 
51. For the purposes of this Part.;'sufficient acknowledgment" means an 
acknowledgment identifying the work in question by its title or other dt:scription 
and identifying the author, unless-
Ca) in the case of a published work, it is published anonymously or the 
author has agreed or required that no acknowledgement of his 
name should be made; 
Cb) in the case of an unpublished work, it is not possible for a. person 
to ascertain the identity of the author by reasonable inquiry. 
General Exceptions 
52. Subject to section 54, fair dealing with a literary, dramatic, musical or 
artistic work for the purposes of research or private study does not infringe 
copyright in the work or" in the case of a published edition, in the typographical 
arrangement. 
53. (I) Subject to section 54-
(a) fair dealing with a protected work for the purposes of criticism or 
review of that or another work or of a performance of a work~ or 
(b) fair dealing with a protected work (other than a photograph) for 
the purpose of reporting current events, 
does not infringe copyright in the work so long as it is accompanied by a 
sufficient acknowledgement. 
(2) No acknowledgement is required in connection with the reporting of 
current events by means of a sound recording, film, broadcast or cable 
programme. Determin-
ing fair 
dealing. 
Incidenfcd 
inclusion 
ofprotec1-
ed work. 
Acts dor.e 
for pur-
pos~s of 
ins tr ue·· IP INIl/GUY /ell 
Page 65 
54. For the purpose of detennining whether an act done in relation tc' a work 
constitutes fair dealing, the court detennining the question shall take account of 
all factors which appear to it to be relevant, including-
(a) the nature of the work in question; 
Cb) the extent and substantiality of that part of the work affected by the 
act in relation to the whole of the work; 
( c) the purpose and character of the use; and 
(d) the effect ofthe act upon the potential market for, or tb e 
commercial value of, the work. 
55. Copyright in a work is not infringed-
(a) by its incidental inclusion in an artistic work, sound recording :> 
film, broadcast or cable programme; or 
(b) 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 of this 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 such words, shall not be regarded as incidentally 
included ifit is deliberately included. 
Use (~r Work for l:.:ducat ional Purpose 
56. (1) Copyright in a literary, dramatic, musical or artistic work is not infringed 
by 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 reprographic process. lP/N/lIGUY/CIl 
Page 66 
tiOI1 or (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 
nation. course of instruction, or of preparation for instruction, in the making of films or 
film sound-tracks, provided the copying is done by a person giving or receiving 
instruction. 
(3) Copyright in a work is not infringed by anything done for the purposes 
of an examination by way of setting the questions, communicating the questions 
to candidates or answering the questions. 
Antho- j7. (1) The inclusion in a collection intended for use in educational 
logies establishments of a short passage from a published literary or dramatic work does 
for edu·· not infringe copyright in the work if-
catiomd (a) the collection is described in the title and in any 
use. 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 
establishments; 
(c) the collection consists mainly of material in which no copyright 
subsists~ and 
(d) the inclusion is accompanied hy a sufficient acknowledgement. 
(2) Subsection (1) does not authorize the inclusion of more than two 
excerpts from protected works by the same author in collections published by the 
same publisher over llny period of five years. 
(3) In relation to any given passage, the reference in subsection (2) to 
excerpts from works by the same author-
(a) shall be taken to include excerpts from works by him in 
collaboration with another; and Record-
ing of 
broad-
cast, etc. 
byedu-
cational 
estabIisb-
ments. 
Restrie-
tion on 
phic 
copy-
ing by 
educa-
tional 
establish-
ment. IP/N/lIGUY/CIl 
Page 67 
(b) 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. 
58.· (1) Subject to subsection (2), 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 of that establishment without thereby 
infringing the copyright· in the broadcast or cable programme or in any work 
included in it. 
(2) Subsection (1) shall not apply if or to the extent that there is ;:1 
licensing scheme certified pursuant to section 102 for the purposes of this section. 
59 .. Cl) Subject to the provisions of this section, reprographic copies of passages 
from published literary, dramatic or musical works may be made by or on 
behalf of an educational establishment for the purposes of instruction without 
infringing any copyright in the work or in the typographical arrangement. 
(2) Not more than five per cent of any work may be copied by or on behalf 
of an educational establishment by virtue ofthis'section in any quarter, that is to 
say, in any period 1st January to 31st March, 1st April to 30th June, 1st July to 
30th September or 1st October to 31st December. 
(3) Copying is not authorized by this section if, or to the extent that, 
licences are available authorizing the copying in question and the person making 
the copies knew or ought to have been aware of that fact. 
(4) Where a licence is granted to an educational establishment authorizing 
the reprographic copying of passages from any published literary, dramatic or 
musical work, for use by the establishment, then, any term of that licenc(~ which IPIN/l/GUY/C/l 
Page 68 
purports to restrict the proportion of work which may be copied (whether on 
payment or free of charge) to less than that permitted under this section ~;ball be 
of no effect. 
Sub- 60. (l) Where a copy ofa work would be an infringing copy if the making 
seque:l1t thereof were not authorized under section 56, 58 or 59 and such copy is 
dealillgs subsequently dealt with, it shall be treated as an infringing copy for the purposes 
with of that dealing and, if that dealing infringes copyright, for all subsequent 
autho~'- purposes. 
rized (2) In subsection (1) Ifdealt with" means sold, or let for hire or offered or 
COple~l.- exposed for sale or hire. 
Exceptions affecting Libraries and Archives 
fnterpre- 61. -( 1) In sections 62 to 65 references to the librarian or archivist include 
tatiol1 references to a person acting on his behalf. 
of re- (2) Regulations may provide that a librarian or archivist who is, pursuant 
ferences; to sections 62 and 65, required to be satisfied as to a matter before making or 
regula- supplying a copy of a work-
tions. Ca) 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~ 
Cb) in such cases as may be prescribed, shall not make or su pply a 
copy to any person in the absen(;e of a declaration by thai.: person. 
(3) Where a person requesting a copy makes a declaration that is false in a 
I 
material particular and is supplied with a copy 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. Supply ty 
librarian 
of copies 
of pub-
lished 
work. IP/N/l/GUY/C/l 
Page 69 
62. (1) The librarian of a prescribed library or archive may, if the prescribed 
conditions are complied with-
Ca) 
(b) make and supply a copy of an article in a periodical; or 
make and supply from a published edition, a copy of part: of a 
literary, dramatic or musical work, not being an article in a 
periodical, 
without infringing any copyright subsisting in ~he text of the article or in the 
work, as the case may be, or in any illustrations accompanying such article or 
work, or in the typographical arrangement thereof. 
(2) The conditions prescribed pursuant to subsection (1) shall lIlclude the 
folIowing-
(a) that copies shall be 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; 
(b) in relation to an article, that no person shall be furnished with 
more than one copy of the same article or with copies of more than 
one article contained in the same issue of a periodical~ 
( c) in relation to a work referred to in paragraph (b) of subsc:ction (1), 
that no person shall be furnished with more than one copy of the 
same material or of a copy of more than a reasonable pf'Oportion of 
any work; and 
(d) that persons to whom copies are supplied are required to pay for 
them a sum not less than the cost (including a contributicm to the 
.or archive 
general expenses ef the 1ibra~ attributable to their prod.uction. IPlNllIGUYICII 
Page 70 
Supply of 63.-( 1) The librarian of a prescribed library or archive may, if the prescribed 
copies to conditions are complied with, make and supply to another prescribed library or 
other archi ve a copy of-
libraries. (a) an article in a periodical; or 
(b) the whole or part of a published edition of a literary, dramatic or 
musical work, 
without infringing any copyright in the text of the article or the work, or in any 
illustrations accompanying such article or work or, in the case of a published 
edition, in the typographical arrangement. 
(2) Paragraph (b) of subsection (1) shall not apply if, at the tinH:~ the copy 
is made, the librarian making it knows or could. by reasonable inquiry, ascertain 
the name and address of a person entitled to authorize the making of the copy. 
the 
Replac-· 64.-(1) The librarian of kprescribed library or archive may, if the prescribed· 
. . mg coples conditions are complied with, make a copy from any item in the pennanent 
of works. collection of the library or archive for the purpose of-
Ca) preserving or replacing the item by placing the copy in such 
permanent collection in addition to or in place of the item; 
Cb) replacing in the pennanent collection of another prescribed library 
or archi ve an item whi.ch has been lost, destroyed or damaged, 
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 shall include provisions restricting the 
making of copies to cases where it is not reasonably practicable to purcbase a 
copy of the item in question for the purpose. Copyipg 
of un-
published 
work. IPIN/l/GUY/C/l 
Page 71 
65.-(1) Subject to subsection (2), the librarian ofa prescribed library or archive 
may, if the 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 archive without infringing any copyright in the work or in any 
illustrations accompanying it. 
(2) Subsection (1) shall not apply where-
(a) the work had been published before the document was deposited 
in the library or archive; or 
(b) the copyright owner has prohibited copying of the work, 
and at the time of the making of the copy the librarian ought to have been 
a ware of that fact. 
(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 -"tudy and 
will not use them for any other purpose; 
(b) that no person is furnished with any more than one copy of the 
same material; and 
(c) that persons to whom copies are supplied are required to pay for 
them a sum not less than the cost (including a contribution to the 
general expenses of the library or archive) attributable to their 
production. IP /NI 1 IGUY lell 
Page 72 
Exceptions Relating to Public Administration 
Parliament- 66.-(1) Copyright in a work is not infringed by anything done for the purposes of 
ary and parliamentary or judicial proceedings or, subject to subsection (3), for the 
judicial purposes of reporting such proceedings. 
proceed- (2) Copyright in a work is not infringed by anything done for the purposes 
ings etc. of the proceedings of a statutory inquiry or, subject to subsection (3), for the 
) 
Public 
records. 
DesigJl 
docu-
ments 
and 
models. purposes of reporting any such proceedings held in public. 
(3) The provisions of subsections (1) atld (2) relating to the reporting of 
proceedings shall not be construed as authorizing the copying of a work which is 
itselfa published report of the pmceedings. 
(4) Copyright in a work is not infringed by the issue to 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 duty imposed or power conferred by or 
under an enactment. 
67. Where any protected. work or a reproduction of any such work is comprised in 
any public record pursuant to any enactment which is, by virtue of that enactment 
open to public inspection, the copyright in the work is not infringed by the making 
or supplying 
to any person of any copy of the work by or under the direction of any officer 
. appointed under the enactment. 
Designs 
68.-(1) It is not an illfringement 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) to make an article to the design or to copy an article made to the design. 
(2) It is not all infringement of any copyright to issue to the public or to 
include in a film, broadcast or cable programme service anything the making of Where 
design 
derived 
from 
artistic 
work is 
exploited. IP/NllfGUY fell 
Page 73 
which was, by virtue of subsection (1), not an infringement of that copyright. 
(3) In this section-
"design" means the desit,TT1 of any aspect of the shape or configuratjon 
(whether internal or external) of the whole or part of an article, other than 
surface decoration; and 
"design document" means any record of a design, whether in the form of a . 
drawing, a written description, a photograph, data stored in a computer. 
or otherwise. 
69.-(1) Where an artistic work has been exploited by or with the licence of the 
copyright owner by-
(a) making by an industrial proces!) articles falling to be treated under 
this Act as copies of the work, and 
(b) marketing such articles in Guyana or elsewhere, 
then, after the end of the period of twenty-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 subsection (1), then, the provisions of that subsection apply only in 
relation to that part. 
(~) The Minister may by order make provision-
(a) as to the circumstances in which an article or any description of 
article is to be regarded for the purposes of this section as made by 
an industrial process; 
(b) excluding from the operation of this section such articles of a IP/N/1/GUY /ell 
Page 74 
Transfer 
of works 
in elec-
tronic 
fonn. (4) In this section-
(a) references to articles do not include films; and 
(b) references to the marketing of an article are references to its being 
sold or let for hire or offered or exposed for sale or hire. 
K(ception Relating to Works in Electronic Form 
70. -( 1) vVhere a work in electronic form has been purchased on tenns which, 
expressly or impliedly or by virtue of any rule of law, allow the purchaser to copy 
the work or to adapt it or to make copies of an adaptation in connectim1 with his 
use of it, then, in the absence of any express terms-
(a) prohibiting the transfer of the copy by the purchaser, imposing 
obligations which continue after a transfer or prohibiting the 
assignment of any licence or telminating any licence on a transfer; 
or 
(b) 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 to do may also be done by a transferee 
without infringement of copyright. 
(2) Any copy, adaptation or copy of an adaptation made by the purchaser 
shall 
which is not also transferred after the tr~nsfer ~be treated as an infringing copy for 
. all purposes. 
(3) Subsections (1) and (2) apply where the original purchased copy is no 
longer usable and what is transferred is a further copy used in its place. 
(4) This section applies also on a subsequent transfer, with the substitution 
for references in subs!.~ction (2) to the purchaser of references to the subsequent 
transferor. Anony-
mous 
and. 
nymous 
literary' etc. 
) 
works. 
Use of 
notes of' 
record.-Miscellaneous Exceptions Relating lo Literary, 
Dramatic, Musical and Artistic Works IJ>~/l/CJLJ,{/C:/l 
J>age 75 
71.-(1) Copyright in a literary, dramatic musical or artistic work is not infringed 
by an act done at a time when, or in pursuance of an arrangement made at a time 
when-
(a) it is not possible by reasonable inquiry to ascertain the identity of 
the author; and 
Cb) it is reasonable to assume-
(i) t hat the copyright has expired~ or 
Cii) that the author died fifty years or more before the 
beginning of the calendar year in which the act is done or 
the arrangements are made. 
(2) Subsection (1) Cb) (ii) does not apply in relation to a work in which 
copyright originally vested in an international organization by virtue of section 
146 and in respect of which an order under that section specifies a copyright 
period longer than fifty years. 
(3) In relation to a work of joint authorship-
Ca) the reference in subsection (1) to its being possible to ascertain the 
identity of the author shall be construed as a reference to its being 
possible to ascertain the identity of any of the authors; and 
Cb) the reference in subsection (1) (b) (ii) to the author having died 
shall be construed as a reference to all the authors having died. 
72.-(1) Where a record of spoken words is made, in writing or otherwise, for the 
purpose of-
(a) reporting current events; or IP!N1l IGUY lell 
Page 76 
ings of (b) broadcasting or including in a cable programme service the whole 
spokeJl. or part of the work, 
word. it is not an infringement of any copyright in the words as a literary work to use 
the record or material taken from it (or to copy the record or any such ma.terial 
and use the copy) for that purpose, providing the conditions specified in 
subsection (2) are met. 
(2) The conditions referred to in subsection (1) are that-
( a) the record is a direct record of the spoken words and is not taken 
from a previous record or from a broadcast or cable programme; 
Cb) the making of the record was not prohibited by the speaker and, 
where copyright already subsisted in the work, did not infringe . 
copyright; 
(c) the use made of the record or material taken from it is not of a 
kind prohibited by or on behalf of the speaker or copyright O\yller 
before the record was made; and 
(d) the use is by or with the authority of a person who is lawfu.lly in 
possession of the record. 
Reading 73.-( 1) The reading or recitation in public of any reasonable extract from a 
or recita- published literary or dramatic work is pot an infringement of copyright ill the 
tion in . work, if accompanied by a sufficient acknowledgement. 
public. (2) Copyright in a work is not infringed by the making of a sound 
recording, or the broadcasting or inclusion in a cable programme service, ora 
reading or recitation which, by virtue of subsection (1), does not infringe 
copyright in the work. Represen·· 
tation of 
artistic 
works 
on pub-
lie 
display 
Recon-
struction 
ofbllild·· 
mgs. 74-(1) This section applies to-
(a) buildings; IP/N/1/GUY/C/1 
Page 77 
(b) sculptures, models of buildings 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 by-
(a) making a graphic 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 of 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. 
75. 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 constructed by or with lbe licence of the copyright owner. 
Subsequent 76. Where the author of an artistic work is not the copyright owner, he does not 
work by infringe the copyright in the work by copying it in making another artistic work, 
same provided he does not repeat or imitate the main design of the earlier work. 
artist. IP!N1l fGUY fell 
Page 78 
Miscellaneous Exceptions Relating to Sound Recordings, 
Films and Computer Programs 
Making , 77.-(1) Where sound recordings ofa musical work (and accompanying words, if 
etc. of any) have, with the licence or consent of the owner of the copyright in the work, 
record- been previously made in or imported into Guyana for the purposes of 
ings of retail sale, then, any person may, after the expiry of the period of four m.onths 
music:.!] immediately following upon the date of the first authorized manufacture in, or 
work importation into, Guyana . of such record.ings, and without first obtaining 
previOU:l. the consent or licence of the owner of the copyright in the work, mak{,~ or 
ly made authorize the making of sound recordings of iHf such person-
or im- (a) intends to sell the recordings by retail, or to supply them for the 
ported. purpose of being sold by retail by another person, or intends to use 
them for making other sound recordings which are to be so sold or 
supplied; 
(b) pays royalties calculated at the prescribed rate; and 
(c) complies with such conditions relating to notice, method and time 
of payment, administration of royalties paid and other matters, as 
may be prescribed. 
(2) Any person who makes or authorizes the making of sound recordings 
pursuant to subsection (1) shall not make or authorize the making of any 
alterations in, or omissions from, the work unless sound recordings of that work 
containing similar alterations or omissions have been previously made by or with 
the licence or consent of the owner of the copyright or unless such alterations or 
omissions are reasonably necessary for the adaptation of the work to th:~ sound 
recording in question. Rental {)f 
sound 
record-
ings, etc. 
Playing 
of 
sound 
record-
ing for 
purpOSt:~ IPINIlIGUY/CIl 
Page 79 
of the National Ass(~mbly 
78.-( 1) The Minister may by order, subject to negative resoluti01 provide that in 
such cases as may be specified in the order, the rental to the public of copies of 
sound recordings, films or computer programs shall be treated as licensed by the 
copyright owner subject only to the payment of such reasonable royalty or other 
payment as may be agreed or determined in def3.ult of agreement by the 
Copyright Tribunal. 
(2) An order under subsection (1) shall not apply if, or to the extl,~nt that, 
there is a licensing schenie certified under section 102 for the purposes of this 
section providing for the grant oflicences. 
(3) An order may make different provision for different cases ami may 
specify cases by reference to any factor relating to the 'work, the copies rented, the 
person renting or the circumstances of the rental. 
(4) Copyright in a computer program is not infringed by the rental of 
COPieS 
to the public after the end of the period offift:y years from the end of the calendar 
year in which copies of it were first issuedto the public in electronic form. 
(5) Nothing in this section affects any liability under section 31 in respect 
of the rental of infringing copies. 
79. It is not an infringement of the copyright h a sound recording to play it as 
part of the activities of, or for the benefit of, a club, society or other organization 
if-
(a) the organization is not established or conducted for profit and its 
objects are charitable or are otherwise concerned with the 
advancement of religion, education or social welfare; and IPINIlJGUY Jell 
Page 80 
of charit· (b) the proceeds of any charge for admission to the place where the 
able org=mi- recording is to be heard are applied solely for the purposes of the 
zation. organization. 
Miscellaneous Exceptions Respecting Broadcasts 
and Cable Programmes 
Incident- 80.-(1) This section applies where by virtue ofa licence or assignment of 
al record- copyright a person is authorized to broadcast from a place in Guyana or 
ing for a specified country or to include in a cable programme service sent from 
purpose~; Guyana or a specified country-
of (a) a literary, dramatic or musical work, or an adaptation of such a 
broad- work; 
cast or (b) an artistic work; or 
cable (c) a sound recording or film. 
pro- (2) The person referred to i.n subsection (l) shall, by virtue of this section, 
gratr.t:1a. be treated as licensed by the owner of the copYright in. the work to do or authorize 
any of the following for the purposes of the broadcast or cable programme-
(a) in the case of a literary, dramatic) or musical work or an adaptation 
of such a work, to make a sound recording or film of the work or 
adaptation; 
(b) in the case of an artistic work, to take a photograph or make a 
film of the work; 
(c) in the case of a sound recording or film, to make a copy of it. 
(3) A licence under subsection (2) is su.bject to the following conditions-
(a) the recording, film, photogtaph or copy in question shall not be 
used for any other purpose; and IPINIlIGUYICIl 
Page 81 
(b) such recording, film, photograph or copy shall be destroyed within 
twenty-eight days of being first used for broadcasting the work or, 
as the case may be, includ.ing it in a cable programme service. 
(4) A recording, film, photograph or copy made in accordance with this 
section shall be treated as an infringing copy-
(a) for the purposes of any use in breach of the condition mentioned in . 
subsection (3) (a); and 
(b) for all purposes after that condition or the condition mentioned in 
subsection (3) (b) is breached. 
Recordings' 81. Copyright is not infringed by the making or use by a prescribed 
of broad .. broadcasting organization, for the purpose of maintaining supervision and control 
casts for over programmes and advertisements broadcast by that organization, of 
pro- recordings of those programmes and advertisements. 
(2) Copyright is not infripged by. the making or use by the Guyana Broadcasting Cor-
control. poration . of recordings of programmes in connection with and for the purpose of 
carrying out its functions, 
Recording 82. -( 1) A recording of a broadcast or cable programme of a designated class, or a 
for arch i-copy of such a recording. may be made for the purpose of being placed in an 
val pur- archive maintained by a designated body without thereby infringing any copyright 
poses. in tLe broadcast or cable programme or in any work included in it. 
(2) In subsection (1) "designated" means designated by the Minister, who 
shall not designate a body unless he is satisfied that it is not established or 
conducted for profit. 
R~cept:()n 83. Where a literary, dramatic or musical work or film is broadcast with the 
and re- licence of the copyright owner from a place in Guyana . or a specified IP/N/IIGUY/C/1 
Page 82 
trans- country, any person may, without obtaining the licence of the copyright owner, 
mlSSlOll incorporate the work (by means of the reception of the broadcast) in a cable 
of programme servIce: 
broadcilst. Provided that-
in cabk' (a) the transmission by the cable programme service takes place 
programme simultaneously with the reception of the broadcast; and 
SerVl(·e. Cb) the programme in which the literary, dramatic or musical work or 
film is incorporated is transmitted without alteration of any kind; 
and 
(c) the copyright owner shall be entitled to receive from the person 
providing the cable programme service, equitable remuneration in 
respect of the transmission, to be fixed in default of agreement by 
the Tribunal, 
and, for the purposes of this section, an alteration to a programme includes 
the ac.~dition thereto of new 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. 
Recording 84.) The making for private and domestic use of a recording of a broadcast or 
for pur": cable programme solely for the purpose of enabling it to be viewed or listened to 
pose of at a more convenient time does not infringe any copyright in the broadcast or 
time- cable programme or in any work included in it. Adapta-
tions. 
Power of 
Minister 
to pre-
scribe 
excep-
tions 
to 
infringe·· 
ment. Adaptations IPINIlIGUY/CIl 
Page 83 
85. An act which by 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 
86.-(1) Subject to the provisions of this section, the Minister may, by 
of the National Assembly 
order subject to negative reso!ut101' provme tharthe copyright in a work of the 
descri ption or category specified in the order is not infringed. where, in relation to 
such work, such acts as are specified in-the order are done in the circumstance3 so 
specified. 
(2) The Minister shall not make an order under subsection (1) unless he is 
satisfied that the acts specified in the order in relation to the work-
(a) 
(b) 
(c) are necessary in the public interest in connection with an event of 
national importanc.-e; 
would not conflict with the normal exploitation of the work; and 
would not unreasonably prejudice the legitimate interest of the 
owner of the copyright in the work. 
(3) An order made under subsection (1) shall make provision for the 
payment of equitable remuneration to the copyright owner to be detennined, in 
defaul:_ofagreement~ by the Copyright Tribunal; and such order may contain such 
consequential, supplemental or ancillary provisions as appear to the Minister to 
be necessary or expedient for the purpose of giving effect to the order. IPIN/l/GUY/C/1 
Page 84 
PART VU -COPYRIGHT LICENSING 
Prelhninary 
Interprl"-:- 87.-(1) In this Part-
tation "licence" m~ans any licence that is issued or otIered by a licensing body 
for pur- authorizing, in relation to works in which copyright subsists, the doing of 
poses of any of the acts restricted by copyright; 
Part. "licensing body" means a society or other organization which has as its main 
objectror one of its main objects, the negotiation or granting, either as owner or 
prospective owner of copyright or as agent for him, of licences, and whose 
objects include the granting of licences covering works of more than one 
author; 
"licensing scheme" means a scheme setting out-
(a) the classes of cases-in which the operator of the scheme, or the 
person on whose behalf he acts, is willing to grant licences; and 
(b) the terms on which licences wO'.lld be granted in those classes of 
cas~ 
and for this purpose a "scheme" includes anything in the nature of a scheme, 
whether described as a scheme or as a tariff or by any other name. 
(2) References in this Pan to licences or licensing schemes covering 
works of more than one author do not inClude licences or schemes covering only-
Ca) a single collective work or collective works of which the authors 
are the same; or 
(b) works made by, or by employees commissioned by, a single 
individual, finn, company or group of companies. 
(3) For the purpose of subsection (2) "group" in relation to a company 
means that company and-schemes 
to which 
sections 
89 to 94 
apply. IPlNfllGUY fell 
Page 85 
(a) any other company which is its holding company or subsidiary; 
(b) any other company which is a subsidiary of the holding company~ 
(c) any company which directly or indirectly controls or is controlled 
by any company referred to in paragraph (a)or (b); and 
(d) any company which is controlled by a person who directly or 
indirectly controls a company referred to in paragraph Ca), Cb) 
or (c). 
88. The provisions of sections 89 to 94 apply to licensing schemes of the 
following descriptions-
Ca) licensing schemes operated by licensing bodies 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 .[or-
(i) copying the work; 
(ii) perfonning, playing or s110wing the work in public; or 
(iii) broadcasting the work or including it in a cable programfue 
service; 
Cb) all 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 of published editions; and 
( c) all licensing schemes in relation to the copyright in sound 
recordings, films or computer progr.ams so far as they relate to 
licences for the rental of copies to the public. IPINI1/GUY/CIl 
Page 86 
Rr?ferences and Applications Respecting Licensing Schemes 
Reference 89.-(1) The terms ofa licensing scheme which a licensing body proposes to 
of pro- operate may be referred to the Copyright Tribunal by an organization claiming to 
posed be representative of persons claiming that they require licences in cases of a 
licens- description to which the scheme would apply, either generally or in relation to 
mg any description of case. 
scheme. (2) The Tribunal shall first decide whether to entertain the reference and 
decline to do so on the ground that the reference is premature. 
(3) Where the Tribunal decides to enteltain the reference it shall consider 
the matter referred and make such order, either confirming or varying the 
proposed scheme either generally or so far only as it relates to cases of the 
description to which the reference relates, as the Tribunal thinks reasonable in the 
circumstances. 
(4) An order may be made under subsection (3) so as to be in force 
inJdinitely or for such period as the Tribunal may determine. 
Reference 90. -(l) Where during the operation of a licensing scheme a dispute arises 
of exist- between the operator of the scheme and-
mg (a) the person claiming that he requires a licence in a case of a 
licens- description to which the scheme applies; or 
mg (b) an organization claiming to be representative of sllch persons, 
scheme. that person or organization may refer the scheme to the Copyright 
Tribunal in so far as it relates to cases of that description. 
(2) A scheme which has been referred 10 the Tribunal under this section 
shall remain in operation until proceedings on the reference are concluded. Further 
refer-
ence 
of 
schem.e. IPINIl/GUY/CIl 
Page 87 
(3) The Tribunal shall consider the matter in dispute and make such order, 
either confirming or varying the scheme so far only as it relates to cases of the 
description to which the reference relates, as the Tribunal may determine to be 
reasonable in the circumstances. 
(4) The order may be made so as to be in force indefinitely or for such 
period as the .Tribunal may determine. 
91.-( 1) Where the Copyright Tribunal has on a previous reference of a licensing 
scheme under section 89 or 90, or under this section, made an order with respect 
to the scheme then, while the order remains in force-
(a) the operator of the scheme; 
(b) a person claiming that he requires a licence in a case of the 
description to whIch the order applies; or 
(c) an organization claiming to be representative of such persons, 
may refer the seheme again to the Tribunal so far as it relates to 
cases of that description. 
(2) A licensing scheme shall not, except with the special leave of the 
Tribunal, be referred again to the Tribunal in respect of the same description of 
cases-
(a) within twelve months from the date ofthe order on the previous 
reference; or 
(b) if the order was made so as to be in force for fifteen months or-
less, until the last three months before the expiry of the order. 
(3) A scheme which has been referred to the Tribunal under this section 
shall remain in operation until proceedings on the reference are concluded. 
(4) The Tribunal shall consider the matter in dispute and make such order, 
either confirming, varying or further varying the scheme so far only as it relates to IP/N/1/GUY/C/1 
Page 88 
A'· pp/lca-
tion for 
grant of 
licence 
in 
connec-
tion 
with 
licens-
ing 
scheme.'. cases of the description to which the reference relates, as the Tribunal may 
determine to be reasonable in the circumstances. 
(5) The order may be made so as to be in force indefinitely or for such 
period as the Tribunal may determine. 
92.-( 1) A person who claims, in a case covered by a licensing scheme, that the 
operator of the scheme has refused to grant him or procure the grant to him of a 
licence in accordance with the scheme, or has failed to do so within a reasonable 
time after heing asked, may apply to the CopyIight Tribunal. 
(2) A person who claims, in a case excluded from a licensing scheme, that 
the operator of the scheme either-
(a) 
(b) has refused to grant him a licence or procure the grant to him 
of a licence, or has failed to do so within a reasonable time of 
licence 
being asked, and that in the circumstances it is unreasonable that a/.. 
should not be granted; or 
proposes terms for a licence which are tUlfeasonable, 
may apply to the Copyright Tribunal. 
(3) A case shall be regarded as excluded from a licensing scheme for the 
purposes of subsection (2) if-
(a) the scheme provides. for the grant of licences subject to terms 
excepting matters from the licence and the case falls within such 
an exception; or 
(b) 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. Appli-
cation 
for 
reView 
as to 
entitle-
ment to 
licenct:'. 
Effect of 
order (',f IP/N/lIGUY /ell 
Page 89 
(4) If the Tribunal is satisfied that the claim is well-founded, it shall make 
an order declaring that, in respect of the matters specified in the order, the 
applicant is entitled to a licence on such terms as the Tribunal may determine to 
be applicable in accordance with the scheme or, as the case may be,-to be 
reasonable in the circumstances. 
(5) The order may be made so as to be in force indefinitely or for such 
period as the Tribunal may determine. 
93.-(1) Where the Copyright Tribunal has made an order under section 92 that a 
person is entitled to a licence under a licensing scheme, the operator of the 
scheme or the original applicant may apply to the Tribunal to review its order. 
(2) An application shall not be made, except with the special leave of the 
Tribunal-
(a) within twelve months from the date of the order or of the decision 
on a previous application under this section; or 
Cb) 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 of that decision, 
until the last three months before the expiry date. 
(3) The Tribunal shall on an application for review confirm or vary its 
order as the Tribunal may determine to be reasonable having regard to the terms 
applicable in accordance with the licensing scheme or, as. the case may be, the 
circumstances of the case. 
94. -( 1) A licensing scheme which has been confirmed, or varied by the Copyright 
Tribunal under section 89 or 90 shall be in force, or as the case may be, remain in IPIN/1/GUY/C/1 
Page 90 
Tribtillal operation so far as it relates to the description of case in respect of which the 
as to order is made, so long as the order remains in force. 
licensing (2) While the order is in force a person who in a case of a class to which 
scheme. the order applies-
( a) pays to the operator of the scheme any charges payable under the 
scheme in respect of a licence covering the case in question or, if 
the amount cannot be ascertained, gives an undertaking to the 
operator to pay them when asceItained; and 
(b) complies with the other terms app'licable to such a licence under 
the scheme, 
shall be in the same position as regards infringement of copyright as if he had at 
all material times been the holder of a licence granted by the owner of the 
copyright in question in accordance with the scheme. 
(3) The Tribunal may direct that the order, so far as it varies the amount of 
charges payable, shall have effect from a date before that on which it is made, not 
being a date earlier than the date on which the reference was made or, where the 
scheme came into operation after the reference was made, not being a date earlier 
than the date on which the scheme came into operation; but no such direction 
may be made where subsection (5) applies. 
(4) If a direction is made under subsection (3)-
(a) any necessary repayments, or further payments, shall be made in 
respect of charges already paid; and 
Cb) the reference in paragraph (a) of subsection (2) to the charges 
payable under the scheme shall be construed as a reference to the 
charges so payable by virtue of the order. Licence:':; 
to whid1 
sections 
96 to 99 
apply. IPINIlIGUYICIl 
Page 91 
(5) An order of the Tribunal under section 89 or 90 made with respect to a 
scheme which is certified for any purpose under section 102 has effect, so far as it 
varies the scheme by reducing the charge payable for licences, from the date on 
which the reference was made to the Tribunal. 
(6) Where the Tribunal has made an order under section 92 and the order 
remains in force, the person in whose favour the order is made shall, if he 
satisfies the conditions specified in subsection (7), be in the same position as 
regards infringement of copyright as if he had at all material times been the 
holder of a licence granted by the owner of the copyright in question on the terms 
specified in the order. 
(7) The conditions referred to in sub:::ection (6) are that the person 
mentioned in that subsection shall-
Ca) pay to the operator of the scheme any charges payable in 
accordance with the order or, if the amount cannot be 
ascertained, give an undertaking to pay the charges when 
ascertained; and 
Cb) comply with the other'tenns specified in the order. 
References and -,,!pplications Respecting Licences 
and Licensing Bodies 
95. Sections 96 to 99 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 
authorize-IP/N/lIGUY/CIl 
Page 92 
(i) copying the work; 
(ii) performing, playing or showing the work in public; or 
(Hi) broadcasting the wo~k or including it in a cable programme 
servlce; 
(b) any licence relating to the copyright in a sound recording (other 
than a film sound-track when accompanying a film), broadcast 
or cable programme, or the typ?graphical arrangement of a 
published edition; and 
(c) all licences in relation to the copyright in sound recordings, films 
or computer programs so far as they relate to the rental of copies to 
the pUblic. 
Refer- 96.-(l)The terms on which a licensing body proposes to grant a licence may be 
ence to referred to the Copyright Tribunal by the prospective licensee. 
Tribunal (2) The Tribunal shall first decide whether to entertain the reference, and 
of pro- may decline to do so on the ground that the reference is premature. 
posed (3) If the Tribunal decides to entertain the reference it shall consider the 
licence. tenus of the proposed licence and make such order, either confirming or varying 
the terms, as it may determine to be reasonable in the circumstances. 
(4) The order may be made so as to be in force indefinitely or for such 
period as the Tribunal may determine. 
Refer- 97.-(1) A licensee under a licence which is due to expire by effluxion of time or 
enceto as a result of notice given by the licensing body, may apply to the Copyright 
Trbunal Tribunal on the ground that it is unreasonable in. the circumstances that the 
of expir- licence should cease -to be in force. 
mg (2) Such an application may not be made until the last three months 
licence. before the licence is due to expire. Tribul1D.l 
may 
reVIew 
order 
as to 
licellce. 
Effect of 
order of 
Tribun.q! 
as to IPIN/lIGUY/CIl 
Page 93 
(3) A licence in respect of which a reference has been made to the 
Tribunal shall remain in operation until proceedings on the reference are 
concluded. 
(4) If the Tribunal finds the application well-founded, it shall make an 
order declaring that the licensee shall continue to be entitled to the benefit of the 
licence on such terms as the Tribunal may detennine to be reasonable in the 
circumstances. 
(5) An order of the TribUnal under this section may be made so as to be in 
force indefinitely or for such period as the Tribunal may determine. 
98.-(1) \Vhere the Copyright Tribunal has made an order under section 96 or-97, 
the licensing body or the person entitled to the benefit of the order may apply to 
the Tribunal to review its order. 
(2) An application shall not be made, except with the special leave of the 
Tribunal-
(a) within twelve months from the date of the order or of the decision 
on a previous application under this section; or 
(b) 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 of that decision, 
until the last three months before the expiry date. 
(3) The Tribunal shall on an application for review confirm or vary its 
order as the Tribunal may determine to be reasonable in the circumstances. 
99.-(1) Where the Copyright Tribunal has made an order under section 96 or 97 
and the order remains in force, the person entitled to the benefit of the order shall, 
ifhe satisfies the conditions specified in subsection (2), be in the same position as 
regards infringement of copyright as if he had at all material times been the IP/N/1/GUY/CIl 
Page 94 
licenco. holder ofa licence granted by the owner of the copyright in question on the terms 
specified in the order. 
(2) The conditions referred to in subse,ction (1) are that the person· 
mentioned in that subsection shall-
(a) pay to the licensing body any charges payable in accordance with 
the order or, if the amount cannot be ascertained, give an 
undertaking to pay the charges when ascertained; and 
(b) comply With the other terms specified in the order. 
(3) The benefit of the order may be assigned-
(a) in the case of an order under section 96, if assignment is not 
prohibited under the tenns of the Tribunal's order; and 
(b) in the case of an order under section 97, if assignment was not 
prohibited under the terms of the original licence. 
(4) The Tribunal may direct that an order under section 96 or 97 ~ or an 
order under section 98 varying such an order, so far as it varies the amount of 
charges payable, shall have effect from a date before that on which it was made, 
not being a date earlier than the date on which the reference or application was 
made or, where a licence was granted or was due to expire after the reference was 
made, not being a date earlier than the date on which the licence was granted or, 
as the case may be, was due to expire. 
(5) If such a direction is made-
(a) any necessary repayments or further payments, shall be made in 
respect of charges already paid; and Matters 
re be. 
prescribed 
for 
Tribur.(,'1l. 
Royalty 
payabk: 
for rental 
of 
sound 
record-
ings, etc. IPlNllIGUYICIl 
Page 95 
Cb) the reference in paragraph Ca) of subsection (2..) 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. 
Supplementary 
100. Regulations made under section 150 may prescribe the matters which the 
Copyright Tribunal shall take into account on a reference or application made 
under this Part in respe-ct of any class or classes of case. 
101.-(1) An application to settle the royalty or other sum payable in pursuance 
of section 78 may be made to theCopydght Tribunal by the copyright owner or 
the person claiming to be treated as licensed by him. 
(2) The Tribunal shall consider the matter and make such order as it may 
determine to be reasonable in the circumstances. 
(3) Either party may subsequently apply to the Tribunal to vary the order 
and the Tribunal shall consider the matter and make such order confirming or 
varying the original order as it may determine to be reasonable in the 
circumstances. 
(4) An application under subsection (3) sha11 not, except with the special 
leave of the Tribunal, be made within twelve months from the date of the original 
order or of the order on a previous application under that subsection. 
(5) An order under subsection (3) has effect from the date on which it is 
made or such later date as may be specified by the Tribunal. IPIN/lIGUY/CIl 
Page 96 
Minis· 
terial 
order 
in rela-
tion to 
licens-
mg 102.-(1) On the application of any person operating or proposing to operate a 
ci.nd 
licensing scheme for the purposes of sections 58L78 and such other provisions as 
may be prescribed, the Minister shall by order certify the scheme if he is satisfied 
that it-
(a) enables the works to which it relates to be identified with 
sufficient certainty by persons likely to require licences; and 
(b) sets out clearly the charges (if any) payable and the other tenns on 
which licences will be granted. 
(2) The scheme shall be scheduled to the order and the scheme ~hall come 
into operation for the purposes of sections 58, 78 or such other provisions as may 
be prescribed-
(a) on such date, being not less than eight weeks after the order is 
made, as may be specified in the order; or 
(b) if the scheme is the subj ect of a reference under section 89, any 
later date on which the order of the Copyright Tribunal under that 
section comes into force or the reference is withdrawn. 
(3) A variation of the scheme is not effective unless the order is amended 
by the Minister; and the Minister shall make the amendment in the case of a 
variation ordered by the Copyright Tribunal on a reference under section 89, 90 
or 91 and may do so in any other case if he thinks fit. 
(4) The Minister may, by order' revoke an order made under subsection (1) 
if it appears to him that the scheme to which the order relates is no longer being 
operated according to its tenns, and shall revoke the order if the scheme ceases to 
be operated. Establi:;h-
memof 
Tribunnl. 
Schedule. 
Jurisdic-
tion of 
Tribun~l. IP/N/I/GUY/C/l 
Page 97 
PART vru -THE COPYRIGHT TRIBUNAL 
103.-(1) There is hereby established for the pUrposes of this Act a tribunal to be 
called the Copyright Tribunal. 
(2) The provisions of the Schedule shall have effect as to the constitution 
of the Tribunal and otherwise in relation thereto. 
104.-(1) The functions of the Tribunal shall be-
(a) to hear and determine-
(i) any matter referred to it pursuant to any provision of Part 
VII relating to a licensing scheme or licence~ 
(ii) an application under section 101 to settle the royalty or 
other swn payable for rental of a sound recording, film or 
computer program; 
Cb) to keep under review the presc.ribed rate of royalty payable to a 
performer in connection with an adaptation of an original 
recording of his performance; and 
( c) to make recommendations to the Minister on the rate of royalties 
or other payments payable in fl~spect of the use or presentation in 
such national cultural event as he may by order designate of any 
works or performance in which copyright or other rights subsist. 
(2) In relation to its functions under subsection (1) (b), the Tribunal may 
from time to time on its own initiative and shall, on a request made in writing by 
the Minister enquire into the appropriateness of such rate and make such 
recommendations to the Minister with respect thereto as it think fit. IPIN/l/GUY/C/l 
Page 98 
Regula- 105.-(1) The Minister may make regulations relating to proceedings before the 
tions Copyright Tribunal and provisions shall be made in such regulations-
relatil~g (a) prohibiting the Tribunal from entertaining a reference under 
to pro- section 89, 90 or 91 by a representative organization unless the 
ceedings Tribunal is satisfied that the organization is reasonably 
of representative of the class of persons which it claims to represent; 
Tribund. (b) specifying the parties to any proceedings and enabling the Tribunal 
to make a party to, the proceedings any person or organization 
which the Tribunal is satisfied has a substantial interest in the 
matter; and 
(c) requiring the Tribunal to give the parties to the proceedings an 
opportunity to state their ca..c;;e, in writing or orally as the 
regulations may provide. 
(2) The regulations may prescribe any matter incidental to or 
consequential upon any appeal from the Tribunal under section 106. 
(3) Regulations made under this section shall be subject to negative 
resolution. of the National Assembly. 
App~al 106.-(1) An appeal lies on any point oflaw.arising from a decision of the 
on po~nt Copyright Tribunal to the High Court . 
ofla\.v. (2) Regulations made under section 105 may limit the time within which 
an appeal may be brought. 
PART IX -RIGHTS IN PERFORMANCES 
Confer- 107.-(1) E}y virtue of, and subject to the provisions of this Part, rights are 
ment (\f conferred on-rights in 
perform-
ances. 
Conse l.1t 
requir~d 
for 
recording 
etc. of 
perfornl-
ance. 
Infringf' 
ment of ~ 
perform-
er's 
rights hy (a) 
(b) IP/N/l/GUY/CIl 
Page 99 
a performer, requiring his consent to the exploitation of his 
performance; and 
a person having recordin,g rights in relation to a performance, 
requiring his consent to the making of a recording of that 
performance. 
(2) The rights conferred by this Part are independent of-
(a) any copyright in or moral right:3 relating to any work used or 
performed in the performance; and 
(b) any other right or obligation arising otherwise than under this Part. 
Performers' Rights 
108.-(1) A performer's rights are infringed by a person who, without his consent-
(a) makes, otherwise than for his Drivate and domestic use, a .. 
recording of the whole or any substantial part of a qualifying 
performance; or 
(b) broadcasts live, or includes live in a cable programme service, 
the whole or any substantial part of a qualifying perfonnance. 
(2) In 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 that consent 
. had been given. 
109. A performer's rights are infringed by a person who, without his consent-
Ca) shows or plays in public the whole or any substantial part of a 
qualifying performance; or 
(b) broadcasts or includes in a cable programme service the whole or 
any substantial part of a qualifying performance, IPINI1 IGUY lell 
Page 100 
use of 
rec.ord-
mg. 
Consent 
and 
royalty 
for 
adaptR' 
tion of 
recorC!-
mg. 
ment of 
perfonn·· 
er's 
rights by 
import· 
illicit 
record-
mg. by means of a recording which was made without the performer's consent and that 
person knows or has reason to believe that it was so made. 
110.-(1) A performer's rights are infringed by a person who, without his consent 
and payment of royalty at the prescribed rate, uses an original recording of a 
qualifYing performance (whether authorized or not) for the purpose of making an 
adaptation of the recording. 
(2) In subsection (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-
Ca) 
(b) imports into Guyana otherwise than for his private and 
domestic use; or 
in the course of a business, possesses, sells or lets for hire otTers 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 ofthis section a defendant shows that the illicit recording was innocently 
acquired by him or a predecessor in title of his, the remedy in damages available 
against him in respect of the infringement is an amount not exceeding a 
reasonable payment in respect of the act complained of. 
(3) In subsection (2) "innoc.ently acquired" means that the person 
acquiring the recording did not know and had no reason to believe that it was an 
illicit recording. Consent 
required 
for record-
mg per-
formance 
subject to 
exclusive 
conrtra.ct. 
Infringe-
ment of 
record·· 
mg 
rights by 
use of 
record-
mg. 
Infringe·· 
ment of 
record-
mg Rights of Person Having Recording Rights IPlNfllGUY fell 
Page 101 
112.-(1) A person infringes the rights ofa person having recording rights in 
relation to a performance who, without his consent, makes a recording of the 
whole or any substantial part of the performance otherwise than for his private 
and domestic use. 
(2) In an action for infringement of those 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 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-
Ca) shows or plays in public the whole or any substantial part of the 
performance; or 
Cb) broadcasts or includes in a cable programme service the whole or 
any substantial part of the performance, 
by means of a recording which was, and which that person knows or has reason to 
believe was, made without the appropriate consent. 
(2) The reference in subsection (1) to the "appropriate consent" is to the 
consent of the person who at the time the consent was given had recording rights 
in relation to the performance (or, if there was more than one such person, of all 
of them). 
114.-(1) A person infringes the rights of a person having recording rights in 
relation to a performance who, without his consent-
Ca) imports into Guyana otherWise than for'his private and 
domestic use; or IP/N/1/GUY/CIl 
Page 102 
rights 
by import-
ing etc. 
~ 
illiCit 
record-
mg. 
Permit-
ted act:, 
in rela-
ation to 
perfonn· 
ances. 
Fair 
dealing 
for 
criticism, 
etc. Cb) 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 performanoe 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 remedy in damages available 
against him in respect of the infringement is an amount not exceeding a 
reasonable payment in respect of the act complained of. 
(3) In subsection (2) "innoc~ntly tlCquired" means that the person 
acquiring the recording did not know and had no reason to believe that it was an 
illicit recording. 
Exceptions to Infringement 
115. Notwithstanding the rights in perfonnances conferred by this Pan-
(a) 
Cb) any act done in relation to a performance or recording in the 
in sections 116 to 128 
circumstances specified does not constitute an 
infringement of the rights; and 
the Copyright Tribunal may give. consent on behalf of a 
irl 
performer in the circumstances specifiedbection 128. 
116. Fair dealing with a perfonnance or recording-
Ca) for the purpose of criticism or review of that or another 
performance or recording, or of a work; or 
Cb) for the purpose of reporting current events, 
dQ~s not infringe any of the rights conferred by this Part, and the provi~:ions of 
section 54 shall, with the necessary modifications, apply in determining whether 
or not an act constitutes fair dealing. Incident-
aI inclu· 
sion of 
perforIl'!-
ance or 
record-
mg. 
Acts 
done 
to recor:,i-
tngor 
perform-
ance for 
purpose~ 
of instn.<:-
tion, etc. IP/NIlIGUY/C/l 
Page 103 
,Lt':LXbe rights conferred by this Pait are not infringed-
(a) by the incidental inclusion in a sDund recording, film, broadcast or 
cable programme of a performance or recording; 
(b) by anything done in relation to copies of, or the playing, showing, 
broadcasting or inclusion in a cable programme service (If, 
anything whose making was not an infringement of those rights, by 
virtue of paragraph (a), 
and for the purposes of this section, a performance or recording so far 3lS it 
consists of music, or words spoken or sung with music, shall not be regarded as 
incidentally included in a sound recording broadcast or cable programm,e if it is 
deliberately included. 
118. -(1) The rights conferred by thls Part are not infringed by the COPYLltg of a 
recording of a performance in the course of instruction, or of preparation for 
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 not infringed-
(a) by the copying of a recording of a performance for the purposes of 
setting or answering the questions in an examination~ or 
Cb) 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 illicit 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 
infdnges any right confeITed by this Part, for all subsequent purposes. IPIN/l/GUYIC/l 
Page 104 
(4) In subsection (3) and in section J 19 (2) l'deaJt withl1 means sold or let 
for hire, or offered or exposed for sale or hire. 
Record·· 119.-(1) A recordi~lg of a ,broadcast or ca,.ble progra,mme or a copy of such 
ing of recording, may be made by or on behalf of an educational establishment for the 
broad- educational purposes of that establishment without thereby infringlllg i:1ny orthe 
cast "r rights conferred by this Part in relation to any perfonnance or recording included 
cable pro·, in it. 
gramme' (2) Where a recording which would otherwise be an illicit recording is . 
byeduca- made in accordance with this section but is subsequently dealt with (~1S defined in 
tiona.] section 118 (4) ) it shall be treated as an illicit recording for the purposes of that 
) 
establlsh- dealing and, if that dealing infringes any right conferred by this Part, f,or all 
ment. subsequent purposes. 
Acts done 120. The rights conferred by this Part are not infringed by anything dClne for the 
to perform- purposes of-
ance or (a) parliamentary or judicial proceedings or the reporting of such 
record- proc~edings; or 
ing for Cb) the proceedings of a statutory inquiry or the reporting of sU,ch 
Parlia- proceedings held in public. 
mentary 
proceed·, 
ings, etc.. 
Transfe,( 121. -(l) Where a recording of a performance in electronic fonn has been 
purchased on tenus which, expressly or impliedly or by virtue of any rule of law, 
ing of allow the purchaser to make further recordings in connection with his use of the 
perform- recording, then, in the absence of any express tenns-ancein 
elec-
tronic 
form. 
Use of 
for recold-
ings of 
spoken 
words. (a) 
(b) 
Cc) 
(d) 
(e) IP/N/lIGUY/C/1 
Page 105 
prohibiting the transfer of the recording by the purchaser; 
imposing-obligations which continue after a transfer~ 
prohibiting the assignment of any consent; 
terminating any consent on a transfer; or 
providing for the terms on whicil a transferee may do the things 
which the purchaser was permitted 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 
recDl·ding for all purposes after the transfer. 
(2) Subsection (1) applies where the original purchased recording is no 
longer usable and what is transferred is a further copy used in its place. 
(3) This section also applies on a subsequent transfer. with the substitution 
for references in subsection (1) to the purchaser of references to the subsequent 
transferor. 
(4) This section does not apply in relation to a recording purcha~ed before 
the commencement of this Act. 
122.-(1) Where a recording of the reading or recitation ofa literary work is madefor 
the purpose of-
(a) reporting current events; or 
(b) broadcasting or including in a cable programme service 1.he 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, provided the 
conditions specified in subsection (2) are met. IPINIl/GUYICIl 
Page 106 
(2) The conditions referred to in subsection (1) are that-
(a) the recording is a direct recording of the reading or recite.tion and 
is not taken from a previous recording or from a broadca::>t or cable 
programme; 
(b) the making of the. recording was not prohibited by or on l)l~half 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 lawfLtlly in 
possession of the recording. 
Playing 123.-( 1) It is not an infringement of any right conferred by this Part to play a 
sound sound recording as part of the activities of, or for the benefit of, a club, society or 
record- other organization if -
ing for (a) the organization is not established or conducted for profit and its 
chari- main objects are charitable or are otherwise concerned with the 
table advancement of religion, education or social welfare; alld 
pur- Cb) the proceeds of any charge for admission to the place where the 
poses. recording is to be heard are,applied solely for the PUrpO:5CS of the 
organization. 
Incident.· 124,-(1) Subject to subsection (2), a person who proposes to broadcast a 
al record- recording of a performance, or to include a recording of a performance in a cable 
ing for programme service, in circumstances not infringing the rights conferred by this 
purpose~, Part, shall be treated as having consent for the purposes of this Part for the 
of broad- making of a further recording for the purposes of the broadcast or cable 
cast or programme. cable pw-
gramme. 
Record-
ings for 
super-
vlS10n 
and 
control 
of pro-
gramme~. 
Record-
ing of 
broad-IP/N/lIGUY/C/1 
Page 107 
(2) The consent given under subsection (1) is subject to the following 
conditions-
(a) the fUrther recording shall not be used for any other purpose; and 
(b) such recording shall be destroyed withi n twenty-eight days of being 
first used for broadcasting t.he performance or including it in a cable 
programme servIce. 
(3) A recording made in accordance with this ::sectiQn I shall be treated as 
an illicit recording-
Ca) for the purposes of any use in breachof the condition mentioned in 
I 
paragraph Ca) of subsection (2); and 
Cb) for all purposes after that condition or the condition mentioned in 
paragraph Cb) of subsection (2) is breached. 
125. -(1) The rights conferred by this Part are not infringed by the making or use. 
by a prescribed broadcasling organization for the purpose of maintaining 
supervision and control over programmes broadcast by that organization, of 
recordings of those programmes. 
(2) The rights; conferred by this Part are not infringed by the making or use 
Guyana Broadcasting Corporation 
of recordings by the l UT connection with and for the 
purpose of carrying out its functions; 
126.':' (1) A recording ofa broadcast or cable programme ofa designated class, or 
a copy of such a recording, may be made for the purpose of being placed in an 
archive maintained by a designated body without thereby infringing any right 
conferred by this Part in relation to a performance or recording included in the 
broadcast or cable programme. IPIN/lIGUY/CIl 
Page 108 
archival 
purpose. 
Order 
except-
ing acts 
from 
infring-
mg 
rights 
under 
this (2) In this section "designated" has the meaning assigned to that 
expression in section 82 (2). 
127.-(1) Subject to the provisions oftrus section, the Minister may, by order, 
of the National Assembly 
subject to negative resolutio~ provide that the rights conferred by this Part are' 
not infringed by the doing of such acts in relation to the performance as are 
specified in the order, where such acts are done in the circumstances so ~;pecified. 
(2) The Minister shall not make an order under subsection (1) unl.ess he is 
satisfied that the acts specified in the order-
(a) are necessary in the public interest in connection with an event of 
national importance; 
(b) would not conflict with the normal exploitation of the 
Part. performance; and 
(c) . would not unreasonably prejudice the legitimate interest 0 f' the 
performer or any person having nghts in the perfonnance. 
(3) An order made under subsection (1) shall make provision for the 
payment of equitable remunerat.ion to any person having rights conferred by this 
Part to be determined, in default of agreement, by the Copyright Tribunal; and 
such order may contain such consequential, supplemental or ancillary provisions 
as appear to the Minister to be necessary or expedient for the purpose of giving 
efTect to the order. 
Tribunal 128.-(1) Subject to the provisions oftbis section, the Copyright Tribunal may, on 
may the application of a person who wishes to make a recording from a previous 
consen; recording of a perfonnance, give consent in a case where-
on Ca) the identity or whereabouts of a performer cannot be ascertained 
behalf by reasonable inquiry; or of per-
former. (b) a performer unreasonably withholds his consent. IPINIl/GUY lell 
Page 109 
(2) Consent given by the Tribunal has effect as consent of the 
performer for the purposes of-
(a) the provisions of this Part relating to performers' rights; and 
Cb) paragraph (a)of subsection (3) of section 134, 
and may be given subject to sllch conditions as the Tribunal may specify in the 
order. 
(3) The Tribunal shall not give consent under paragraph (a) of subsection 
(1) except after the service or publication of such notices as may be required by 
regulations made under section 105 or as the Tribunal may in any partiGular case 
direct. 
(4) The Tribunal shall not give consent under paragraph (b )of subsection 
(1) unless it is satisfied that the performer's reasons for withholding con.sent do 
not include the protection of any legitimate interest of his; but it shall h~ for the 
performer to show what his reasons are for with-holding consent, and in: default 
of evidence as to his reasons the Tribunal may draw such inferences as it thinks 
fit. 
(5) In any case the Tribunal shall take into account the following factors-
(a) whether the original rec~rding was made \v1th the performer's 
consent and is lawfully in the possession or control of the person 
proposing to make the further recording; 
(b) whether the making of the further recording is consistl;':nt with the 
obligations of the parties to the, arrangements under w.hich,..or is 
otherwise consistent with the purposes for which, the ,)riginal 
recording was made. IP/N/lIGUY/CIl 
Page 110 
(6) Where the Tribunal gives consent under this section it shall, in default 
} 
of agreement between the applicant and the performer, make such order as it 
~lhnks fit as to the payment to be made to the performer in consideration of 
consent being given. 
Duration and Transmission of Rights in 
Performances; Consent 
Durati:Jn of 129. The rights conferred by this Part continue to subsist in relation to ;l 
rights in performance until the end of the period of fifty years from the end of the calendar 
perfol'·' year in which the performance takes place. 
mances. 
Transmis·· 130.-(1) The rights conferred by this Part are not assignable or transmissible, 
sion of except to the extent that performers' rights are transmissible as provided in this 
rights in s~c~ion. 
perfor- (2) On the death of a person entitled to performer's rights-
mances. (a) the rights pass to 3uch person as he may by testamental) 
disposition specifically direct~ and 
(b) if, or to the extent that there is no such direction, the rights are 
exercisable by his personal representative, 
and references in this Part to the performer, in the context of the person having 
performer's rights, shall be construed as references to the person for the time 
being entitled to exercise those rights. 
(3) Where by virtue of paragraph (a) of subsection (2) a right becomes 
ex~rdsable by more than one person, it is exercisable by each of them 
independently of the other or others. Consent. 
Infringe-
ment 
as breach 
of duty. 
Order 
for IP/N/lIGUY/CIl 
Page III 
(4) Subsections (1), (2) and (3) are without prejudice to any rights 
conferred by this Act on a person to whom has heen assigned the benefit of an 
exclusive recording contract or licence to make recordings of a perfomJance. 
(5) Any damages recovered by personal representatives by virtUl~ of this 
section in respect of an 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. 
13 1. -( 1) Consent for the purposes of this Part may be given in relation tl') a 
specific perfonnance, a specified description of perfonnances, or perfol1nances 
generally, and may relate to past or future perfonnances. 
(2) A person having recording rights in a perfonnance is bound by any 
prior consent given by a person through whom he derives his rights und(~r the 
exclusive recording contract or licence in question, in the same 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 person previously entitled binds the person to whom the 
right passes in the same way as if the consent had been given by him. 
Remedies for Infringement of Rights 
in Performances 
132. An infringement of any of the rights conferred by this Part is actiona.ble by 
the person entitled to the right as a breach of statutory duty. 
133.-(1) Where a person has in his possession, custody or control in the course of 
a business an illicit recording of a perfonnance, a person having perfonner's IPIN/lIGUY/CIl 
Page 112 
delivery 
up of 
illicit re-
cordin.~ 
in civiJ 
procr,;'cd·· 
ings. 
Crimin-
alliabi·· 
lity fOJ 
making, 
etc. ill .dt 
record-
mgs. rights or recording rights under this Part in relation to the performance)lT.'.ay apply 
to the court for an order that the recording be delivered up to him or to such other 
person as the court may direct. 
(2) An application shall not be made after the end of the period specified 
in section 138; and the court shall not make ~n order under this section uRless it 
also makes an order under section 137 for the disposal of the recording, or it is of 
the opinion that there are grounds on which an order under that section could be 
made. 
(3) A person to whom a recording is delivered up in pursuance; of an order 
under this section shall, if an order under section 137 is not made, retain it 
pending the making of an order, or the decision not to make an order under that 
section. 
(4) Nothing in this section affects any other power of the court. 
Offences 
134.-(1) A person commits an offence who without sufficient consent-
(a) makes for sale or hire; 
Cb) imports into Guyana otherwise than for his prJ!vate and 
domestic use; 
(c) possesses in the course of a business with a view to doillg any act 
infringing the rights conferred by this Part; or 
(d) in the course of a business-
(i) sells or lets for hire~ . 
(ii) offers or exposes for sale or hire; or 
(iii) distributes, 
a recording which is, and which he knows or has reason to believe is, an illicit 
recording. IJ>~/l/(J1JJ(/C=/l 
J>age 113 
(2) A person commits an offence who causes a recording of a p(.rfonnance 
made without sufficient consent to be-
(a) shown or played in public; or 
(b) broadcast or included in a cable programme service, 
thereby infringing any of the rights conferred by this Part, if he knows or has 
reason to believe that those rights are thereby lnfringed. 
(3) In subsections (1) and (2) "sufficient consentll means-
( a) in the case of a qualifying performance that is not subj ect to an 
exclusive recording contract, the consent of the performer; and 
(b) in the case of a performance that is subject to an exclusi ve 
recording contract, the consent of the person having recording 
rights. 
(4) References in this section to the person having recording rights are to 
the person -having those rights at the time the consent is given or, if there is more 
than one such person, to all of them. 
(5) No offence is committed under subsection (1) or (2) by the doing of an 
act which, by virtue of any provision of this Part, may be done without infringing 
the rights conferred by this Part. 
(6) A person guilty of an offence under subsection (1) or (2) shaH be 
liable-
(a) on summary conviction to a fine offifty 
thousand dollars and to imprisonment for 
two years; or 
(b) on conviction on indictment to a fine of two 
hundred and fifty thousand dollars and to 
imprisonment for five years. IPINIl/GUy/ell 
Page 114 
Order for 135.-(1) The cowi before which proceedings are brought against a person for an 
delivery offence under section 134 may, if satisfied that at the time of his arrest o:~ charge 
up of he had in his possession, custody or control in the course of a business an illicit 
illicit recording of a performance, order that it be delivered up to a person havi:ng 
record- performers' rights or recording rights in relation to the performance or to such 
mgll1 other person as the court may direct. 
criminal (2) An order may be made by the court of its own motiem or ot'! the 
proceed·· application ofthe prosecution and may be made whether or not the person ki 
ings. convicted of the offence, but shall not be made 
(a) after the end of the period specified in section 138; or 
(b) if it appears to the court unlikely that any order will be made under 
section 137. 
(3) An appeal lies to the Court of Appeal from an order mad{~ under this 
section. 
(4) A person to whom an illicit recording 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 order, under section 137. 
False 136. -(1) It is an offence for a person to represent falsely that he is authC'!fized by 
represen- any person to give consent for the purposes of this Part in relation to a 
tation of performance, unless he believes on reasonable grounds that he is so au lllOrized. 
authorit.v (2) A person guilty of an offence under this section i~ 
to give liable on summary conviction to a fine of five thousand dollars and to 
consent. imprisonment for six months. Order for 
disposal of 
infring-
mg copy 
or 
illicit 
record-
ing. PARTX-GENERAL IP/NIlIGUYIC/l 
Page 115 
137.-(1) An application may be made to the court for"' 
(a) an order that an infringing copy or article delivered up ir: 
pursuance of an order under sections 33 and 48 shall be-
Ci) forfeited to the copyright owner; or 
(ii) destroyed or otherwise dealt with as the court may direct; 
Cb) an order that an illicit recording of a performance delivered up in 
pursuance of an order under section 133 or 135 shall be-
(i) forfeited to such person having performer's rights 
or recording rights in relation to the perfonnance as 
the court may direct; or 
(ii) destroyed or otherwise dealt with as the court thinks 
fit; or 
(c) a decision that no order under paragraph(a) or (b) should be made. 
(2) In considering what order (if any) should be made, the court shall have 
regard to all the circumstances of the case and, in particular-
(a) where the infringement relates to copyright in a work, whether 
other remedies available in an action for infringement of copyright 
would be adequate to compensate the copyright owner and to 
protect his interest; 
(b) where the infringement relates to rights conferred unde,r Part IX, 
whether other remedies available in an action for infrin,gement of 
those rights would be adequate to compensate the person or 
persons entitled to the rights and to protect their interes1.~:. IPINf] fGUY fell 
Page 116 
(3) Provision shall be made by regulations as to the service of notice on 
persons having an interest in the infringing copy or other articles or the illicit 
recording, as the case may be, and any such person is entitled-
(a) to appear in proceedings for an order under this s~ction .. vhether or 
not he was served with notice; and 
(b) to appeal against any order made, whether or not he appeared, 
and an order 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 a.ppeal is 
duly given, until the final determination or abandonment of the proceedings on 
the appeal. 
(4) Where there is more than one person interested in an infringing copy 
or other article, or as the case may be, an illicit recording, the court shall 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 divided. 
(5) If the court decides that no order should be made under thi::; 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 ,e.ntitled to 
its return. 
(6) References in this section to a person having an interest in Cl copy or 
other article or a recording include any person in whose favour an order could be 
made ih respect of the copy, article or, as the case may be, recording under this 
section. 
Period 138 -(1) An application for an order under section 33 or 133 may not b<~ made 
after after the end of the period of six years from the date on which the infr;llging copy 
which or article or, as the case may be, the illicit recording in question was made, 
delivery subject to the following provisions. up not 
available. 
Time 
limit for 
proseC'J-
tion. 
Powers 
of me m-
ber{of 
Police 
Force. IP/Nf1/GUY fell 
Page 117 
(2) If during the whole or any part of that period a person entitled to apply 
for an order-
(a) is under a disability; or 
(b) is prevented by fraud or concealment from discovering the facts 
entitling him to 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 un.der a disability or, as th,~ case 
may be, could with reasonable diligence have discovered those facts. 
139. No prosecution for an offence under this Act shall b'e commenced after the 
expiration of five years after the commission of the offence or one year after the 
discovery there of, whatever date last occurs. 
140 .. (1) Subject to subsection (3) and section 141, a member of the 
Police Force of or above the rank ofInspector may, if he is satisfied th~,(1. 
has been, 
there is reasonable cause to believe that an ofience against this Act~s being or is about to t i 
committed, give directions to any constable authorizing him to-
Ca) enter and search any premises or place; 
(b) stop, board and search any vessel (other than a ship of war) or any 
aircraft (other than a military aircraft)~ or 
(c) stop and search any vehicle, in which the constable reasonably 
suspects there 'is an infringing copy of a work or an illidt 
recording or any article used or intended to be used for making 
infringing copies or illicit recordings; and IP/NIlIGUY/CIl 
Page 118 
may-(d) seize, remove or detain-
(i) any article which appears to the constable to be an 
infringing copy or an illicit-recording or any othler article 
which appears to him to be intended for use for making 
such copies or recordings; and 
(ii) anything which appears to him to be or to contain, or to be 
likely to be or to contain, evidence of an offence under this 
Act. 
(2) A constable to whom directions have been given under subsf;!ction (1) 
(a) break open any outer or irmer door of any place which he is 
authorized by this section to enter and search; 
(b) forcibly board any vessel, aircmft or vehicle which he is 
authorized under this Act to stop, board and search; 
( c) remove by force any person or thing obstructing him in the 
exercise of any power conferred Dn him by this Act; 
arrest and 
(d) L detain any person-found in any pi.ace which he is authori2,ed under 
this section to search until such ,person can be brought 
before a magistrate as soon as is reasonably praticable 
and dealt with according to law; , 
(e) detain any vessel or aircraft which he is authorized under this 
section to stop, board and search, and prevent any per;3onirom 
approaching or boarding such vessel or aircraft until it has been 
searched; 
(f) detain any vehicle which he is authorized under this Act to stop 
and search until it has been searched; Restri,.::-
tions on 
entry and 
search o~:' 
domestic 
premlses. 
Obstruc-
tion of 
members 
of Police 
Force. IPlNllfGUY fell 
Page 119 
(3) It shall be the duty of any constable in the execution of any directions 
given under subsection (1) to produce the instlument containing the di rections to 
the owner or occupier of any premises, place, vessel or aircraft entered or vehicle 
stopped, pursuant to such directions if required by such owner or occupier to do 
so. 
141. -( 1) No domestic premises shall be entered and searched pursuant to section 
140 unless a magistrate has issued a warrant uIIder subsection (2). 
(2) A magistrate may, if he is satisfied by jnfonnation on oath that there is 
reasonable ground for suspecting that there is in any domestic premise.s any 
article which may be seized, removed or detained under any provision of this Act, 
issue a warrant authorizing a member of the Police Force not below the 
rank of Sergeant to entcr and search the premises, and such member may call 
upon any constable to assist him in entering and searching the premise~j. 
(3) In this section "domestic premises" means any premises or any part 
thereof, used exclusively or mainly as a dwelling. 
142.-(1) Without prejudice to any other written law, any person who-
(a) willfulIy obstructs a member of the Police Force in the 
exercise of his powers or the performance of his duties under this 
Act; 
Cb) willfully fails to comply with any requirement properly made to 
him by any such member; or 
(c) without reasonable excuse fails to give such member any other 
assistance which he may reasonably require to be given for the 
purpose of exercising his powers or perfonning his duties under 
this Act, IP/N/1/GUY/C/l 
Page 120 
is liable on summary conviction to a fine of ten thousand 
dollars and to imprisonment for a term not exceeding one year. 
(2) A person who, when required to give information to a member of the 
.Police Force in the exercise of his powers or the performance of his duties 
under this Act, knowingly gives false or misleading information to any such 
member is'laible on summary conviction to fine of five thousand dollars 
and to imprisonment for six months. 
(3) Nothing in this section shall be construed as requiring any person to 
give any information which may incriminate him. 
Offences 143. Where an offence under this Act committed by a body corporate is proved 
by body to have been committed with the consent or connivance of, or to be attributable tc 
cor- neglect on the part of, any director, manager, secretary or other similar officer of 
porate. the body corporate or any person who was purporting to act in any such capacity, 
he, as well as the body corporate, is guilty of that offence and is liable to be 
proceeded against and punished accordingly. 
Power 144.-(1) Subject to the provisions of this section the Minister may by order 
to provide that in respect of any country sp'ecified in the order, any provbions of this 
apply Act so specified shall apply .. in relation to _ 
proVl- (a) persons who are citizens or habitual reside.nts of 
Slons that country as they apply to persons who are citizens or 
of Act habitual residents of I Guyana 
to (b) bodies incorporated or established under the laws of 
other that country as they apply in rela.tion to bodies incorporated or 
COlliltry. established under the laws of Guyana (c) 
(d) 
(e) IPIN/l/GUY/C/l 
Page 121 
literary, dramatic., musical or artistic works, sound 
recordings, films and editions fust published in that country as 
they apply in relation to such works, sound recordings, films and 
editions first published in Guyana ,; 
broadcasts made from or cable programmes sent 
from that country as they apply in relation to broadcast:; made 
from or cable programmes sent from Guyana 
performances taking place in that country or given by 
an individual who is a citizen or habitual resident ofthnt country, 
as they apply in relation to performances taking place in 
9uyana or given by an individual who is a citizen or 
habitual resident of Guyana 
(2) An order made under this section applying any provisions of this Act 
in relation to any country may apply that provision-
(a) without exception or modification or subject to such 
exceptions and modifications as may be specified in the 
order; 
(b) generally or in relation to such classes of works or other 
classes of case as may be so specified. 
(3) An order shall not be made under this section in relation to any 
country unless the country is-
Ca) a Convention country; or 
Cb) a country as to which the: Minister is satisfied that 
provision has been or will be made under its law in respect 
of the cl ass of works or (as the case may be) the IP/N/1/GUY/C/1 
Page 122 
performances, to which the order relates, giving adequate 
protection to the owners of copyright under thjs A.et or, as 
the case may be, to Guyana in performances as 
defined in section 145 (4). 
(4) In this section "Convention country" means a country which is 
a party to a Convention relating to copyright or performers' rights, 
to which Guyana is also a party. 
Denial ] 45.-(1) If it appears to the Minister that the laws of a country fail to give 
of adequate protection to . Guyanese worl<s to which this section applies or to 
copyrigbt Guyanese performances, or fail to give adequate protection in the case of 
or right~ one or more classes of such works or performances, (whether the lack of 
In protection relates to the nature of the work or performance or the nationality, 
perform· citizenship or country of its author or performer or all of those matters) the 
ances. Minister may, by order, make provision in relation to that country in accordance. 
with subsection (2). 
(2) An order made for the purposes of this section shall designat'e the 
country concerned and may provide either generally or in relation to such classes 
of case as are specified in the order, that copyright shall not subsist in works first 
published, or, as the case may be, that rights in performances shall not :;ubsist 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 publicc.tion of 
those works or the giving of the performance, as the case may be, the authors of 
the works or the perfomlers were or are-Intern,!.-
tional 
organi-
zatiom. IPIN/lIGUY/CIl 
Page 123 
( a) citizens or nationals of that country, not being at that time persons 
whose habitual residence is in Guyana or a specified 
country (excluding the country concerned); or . 
(b) in the case of works, bodies incorporated or established ender the 
laws of that country. 
(3) The Minister shall, in making an order under this section, have regard 
to the nature and extent ofthe lack of protection for Guyanese wJrks or 
Guyanese perfonnances in "consequence of which the order is being 
made. 
(4) This section applies to literary, dramatic, musical and artistic works, 
sOllnd recordings and films, and for the purposes of this section-
It, Guyanese performances" means-
(a) performances given by individuals who are citizens or habitual 
residents of Guyana ; or 
(b) performances that take place in Guyana 
"G uyanese works" means works ofwhkh the author was a qmdified 
person at the material time within the meaning of section 7 (3). 
146.-(1) This section applies to international organizations as to which the 
Minister by order has declared that it is expedient that this section should apply. 
(2) Where an original literary, dramatic, musical or artistic work is [lfst 
publ ished by or under the direction or control of an international organization to 
which this section applies in such circumstances that copyright would niot, except 
by virtue ofthis subsection, subsist in the work immediately after the first 
publication thereof, ancl-IP/NIl/GUY/CIl 
Page 124 
(a) the work is so published in purs'uance of an agreement with the 
author which does not reserve to the author the copyrigbt, if any, in 
the work; or 
(b) the work was made in such circumstances that, if it had been first 
published in Guyana the organization would have been 
entitled to the copyright in the work, 
then, copyright shal! §ilbs..ist iuJhc.,wO,f.kBy.virtue ofthis'se'cti'oo"·aRd. the 
organization shall be first owner of that copyright. 
(3) Copyright of which an international organization is first own'~r by 
virtue of this section shall subsist until the end of the period of fifty years from 
the end of the calendar year in which the work was made or such longer 'period as 
may be specified by the Minister, by order, for the purpose of complying with the 
international obligations of Guyana 
(4) An organization to which this section applies which otherwise has not, 
or at some material time otherwise has not, the legal capacities of a body 
corporate shall have, and shall be deemed at all material times to have had, the 
legal capacities of a body corporate for the purpose of holding, dealing with and 
enforcing copyright, and in connection with all legal proceedings relating to 
copyright. 
Terri- 147.-(1) For the purposes of this Act, the territorial sea and the exc1u.sive 
torial economic zone of Guyana shall be t.reated as part of Guyana 
water,; (2) This Act applies to things done in the exclusive economic zone as it 
,and applies to things done in Guyana exclusive 
economic 
zone. 
Act ap)."iies 
to ship, 
aircraft 
registered 
in state-. 
Act 
binds 
State 
Re g\..: 1 a·· 
tions .. ' 
Repeals. IPINIlIGUY/CIl 
Page 125 
(3) In till.s section-
"exclusive economic zone" means the marine zone as designated 
No. 10 of 1977 under section 3 of the Maritime Boundaries Act 1977; 
148. (1) "territorial waters" means the territorial waters as defined in 
section 3 of the Maritime Boundaries Act 1977. 
fkt 
This applies to things done on a Guyanese ship or Guyanese 
,.. . 
airc.raft as it applies to things done in Guyana. 
(2) In this section -
(a) "Guyanese ship" means a vessel registered under Part IV of 
No.7 of 1998 the Guyana Shippin~ Act 1998; 
(b) "Guyanese aircraft" means an aircraft registered under the 
Colonial (Air Navigation) Order 1961. 
149. This Act binds the :State. 
1S(;.The Minister may make regulations prescribing such matters as are required 
or permitted by this Aot to be prescribed or as are necessary or desimble to be 
prescribed for giving effect t.o' this Act. 
151.-(1) The Copyright Act 1956 of the United Kingdom, in so far a1; it is 
part of the law of Guyana is hereby repealed. 
Cap.2:01. (2) Without prejudice to anything in the Interpretation and General 
Clauses Act, the repeal under subsection (1) of the Act of the United 
Kingdom includes the repeal of any Order-in-Council and subsidiary 
legislation made under that Act, in so far as it has effect as part of the law 
of Guyana, IP /NI lIGUY lell 
Page 126 
Savings. 
Transi-
tio11a1 
provl-
s1Ons. 152. Nothing in this Act shall affect the operation of any rule of equity 
relating to a breach of trust or confidence. 
153.-(1) Where immediately prior to the appointed day copyright subsi.sts 
in Guyana in any literary, dramatic, musical or artistic work by virtue of 
the Copyright Act 1956 of the United Kingdom, such copyright shall 
continue to subsist, and the person entitled thereto by virtue of that Ac:'. 
shall be the owner thereof, under and subject to this Act, and in particular -
(a) the duration of such copyright; 
Cb) the acts comprised within the exclusive rights attaching to such 
copyright; and 
( c) the effect upon the ownership of such copyright of any eV'ent or 
transaction occurring or of any contract or agreement mll.de on or 
after the appointed day, shall be governed by this Act: 
Provided that where immediately before the appointed day copyright susbsists 
in a work b,y virtueof theprovisi.Q .to subsection (3) of section 2 of the Copyright 
Act, 1956 of the United Kingdom such copyright shall continue to subsist for the 
J 
remainder of the period for which it would have subsisted if this Act ha6 not been 
passed. 
(2) Where, on the appointed day copyright subsists in Guyana 
by virtue of section 1.2 Cl) ofthe Copyright Act, 1956 
of the United Kingdom in any sound recording, such copyright shall continue-
Ca) to subsist for the remainder of the period for which it would have 
subsisted if this Act had not been passed~ and 
Cb) in relation to any such sOlmd recording, to have the meaning and 
effect it would have had if this Act had not been passed. IP!N1l fGUY fell 
Page 127 
(3) No act done before the appointed d~.y is actionable by virtue of the 
confetment of the rights specified in Part Ill. 
(4) The right conferred by section 14 to be identified as the author or, as 
the case may be, director of a work, and the right conferred by section 15 to 
object to derogatory treatment of such work, shall not apply-
Ca) in relation to a literary, dramatic, musical or artistic work of which 
the author died before the appointed day; or 
(b) in relatio!). to a film made before the appointed day. 
(5) The rights in relation to a literary, dramatic, musical or artisdc work 
existing before the appointed day. ~o not apply-
Ca) where copyright first vested in tbe author, to anything which, by 
virtue of an assignment of copyright made or licence granted 
before the appointed day, may be done without infringing 
copyright; 
(b) where copyright first vested in a person other than the author, to 
anything done by or with the licence of the copyright o'vvner. 
(6) The right to privacy conferred by section 17 in respect of photographs 
and films does not apply to photographs taken or films made, before the 
appointed day. 
(7) 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 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 perfotmancc, are subsisting and valuable on the IP/N/lIGUY /ell 
Page 128 
appointed day, unless the person who, by virtue of this Act, is the owner of the 
copyright or the person having rights in the perfonnance agrees to pay such 
compensation as, in default of agreement, may be .fixed by the Copydght 
Tribunal. 
(8) Where an act done before the appointed day was then an in.fringement 
of copyright but is not an infringement of copyright under this, Act, then, 
proceedings in respect of that Act may be taken as if this Act had not been 
passed. 
(9) An act done befote the appointed day shall not be an infringement of 
copyright or rights in perfonnances conferred by this Act if that Act would not, 
but for the passing of this Act, have constituted an infringement. 
(10) Proceedings for infringement of copyright instituted but ne t disposed 
of before the appointed day shall be disposed of as if this Act had not been 
passed. 
( 11) Proceedings under this Act for infringement may be taken 
notwithstanding that the alleged infringement occurred before the appoInted day. 
(12) In this section "appointed day" means the day appointed pursuant to 
section 1. Consti-
tution 
of 
Tribu: ::.11. 
Appoint-
ment of 
memb~'1's. 
Resig(j.~ . 
tions. 
Revoca-
tion. 
Proceed-
ings of 
Tribuna:. SCHEDULE 
Copyright Tribunal IPlNllfGUY fell 
Page 129 
ss. 2(1), lO3(2) 
1. (1) The Tribunal shall consist of a chailman and two deputy c)]ainnen and 
not less than two nor more than eight other members. 
IS 
(2) A persont\eligible for appointment as chairman or a deputy chairman if 
he is an attorney-at-law of not less than five years' standing or a person who has 
held judicial office. 
L.. The members of the Tribunal shall be appointed by the Minister by instrument 
in writing, and, subject to the provisions of this Schedule, shall hold office for 
such period, not exceeding three years, as may be specified in the instrument, but 
shall be eligible for reappointment. 
3. A member of the Tribunal may at any time resign his once by instrument in 
writing and such resignation shall take effect as from the date of the receipt by 
the Minister of such instrument. 
4. The Minister may by instrument in writing at any time revoke the appointment 
of any member of the Tribunal if-
(a) he has become bankrupt; or. 
(b) he is jncapacitated by physical Of mental iI.lness, or if he is, in the 
opinion of the Minister, otherwise unfit to perfonn his duties as 
member. 
5. (1) The Copyright Tribunal shall sit in such numberof divisions as may from 
time to time be necessary. 
(2) A division of the Tribunal shall consist of-
(a) a chairman, who shall be either the chairman or a deputy chairman 
of the Tribunal; and IP/N/1/GUY/C/1 
Page 130 
(b) two or more I other members. 
(3) Where in any proceedings the members are not unanimous, the 
decision of the Tribunal shall be by a majority of the votes of the members l and in 
the event of an equality of votes, the chairman shall be entitled to a second or 
casting vote. 
(4) Where part of any proceedings before the Tribunal has been heard and 
one or more members of the Tribunal are unable to continue, the Tribunal shall 
remain duly constituted for the purpose of those proceedings so long a~ the 
number of members is not reduced to less than three. 
shall-(5) If the chairman of a division of the Tribunal is unable to continue he 
(a) appoint one of the remaining members to act as chairman; and 
(b) appoint a suitably qualified person to attend the proceedings and 
advise the members of any que~tion of law arising. 
sub 
(6) For the purposes offaragraPh (5) (b), a person is suitably qua.lified if 
he is . eligible for appointment as a deputy chainnan of the Tribunal 
(7) The decision of the Tribunal or a division thereof may be sigllified 
under the hand of the chairman. 
(8) Subject to the provisions of this Schedule and to any regulations made 
pursuant to section 150, the Tribunal may regulate its own proceedings. 
(9) The validity of the proceedings of the Tribunal shall not be affected by 
any vacancy amongst the members thereof or by any defect in the appointment of 
any member thereof. Power tXl 
award 
costs. IP/N/lIGUY/CIl 
Page 131 
6. The Tribunal may order that the costs or expenses of any proceedings before it 
incurred by any party shall be paid by any other party, and may tax or settle the 
amount of any costs orexpenses. to be paid under any such order or direct in what 
manner they are to be taxed. 
Officers 7. The Minister shall make such arrangements in relation to the provision and 
and em- remuneration of officers and employees oftlle Tribunal as may from tim; to time 
ployees. be Tlr::,cessary. 
Remum~ra- 8. The chairman and other members of the Tribunal and persons appointed 
tion of to,nder paragraph 5 (5) (b) shall be paid such remuneration (whether by way of 
membo-;I-s. honorarium, salary or fees) and such allowances as the Minister may detennine. 
Expeml~.'':. 9. The expenses of the Tribunal, including the remuneration and allowances 
referred to in paragraph 8 shall be paid out of moneys provided for the purpose by 
Parliament. 
Public" .. 10. The nameSof all members of the Tribunal as first constituted and every 
tion. change in the membership thereof shall be published in the Gazette. 
Protec- 11. Notwithstanding anything to the contrary, no act done or proceeding taken 
tion of under this Act by the Tribunal shall be questioned on the ground of any Qmission, 
Tribun::.!. defect or irregularity not affecting the merits of the case. 
DiscJe:- 12. A member of the Tribunal who is interested directly or indirectly in any 
sure of matter before the Tribunal -
interest. (a) shall disclose the nature of his interest at any meeting of the 
Tribunal dealing with the matter, and 
Cb) shall not take part in any deliberation or decision of the Tribunal 
with respect to that matter. IP/NfllGUY fell 
Page 132 
Protec- 13. No action, suit, prosecution or other proceedings shall be brought or 
tion of instituted personally against any member of t1!e Tribunal in respect of any act 
member:~. done bona fide in the execution or intended execution of the Tribunal's functions 
under this Act. EXPLANATORY MEMORANDUM IP/N/1/GUY/C/1 
Page 133 
The law on copyright currently in force in Guyana is substantially the Copyright 
Act 1956, of the United Kingdom in so far as it is part of the law of Guyana. 
Rapid and dramatic technological advances, especially over the last three 
decade:::, have revolutionised the modes of creating and disseminating information and 
extended the categories of works requiring copyright protection. Of critical ii:1l.portance 
to the dE~velopment of national and cultural identity is the promotion and enco1Jragement 
of cultural expressions by nationals within a legal framework which provides protection 
from the W1autbonsed exploitation of their creative endeavours. Additionally, there have 
been significant developments on the international copyright scene, having effect 
worldwide, which point to the need for up-to-date domestic legislation reflecting 
international standards. 
The provisions of the Bill are consistent with the principal international crqreements 
affecting copyright, including the copyright section of the Agreement on the Trade-
Related. Aspects of Intellectual Property Rights. 
In style and content the Bill is consistent with the pattern of the updated copyright 
laws of several CARICOM States. The similarity iri legislative approach facilitates 
collaboration and common action in this field, where necessary or desirabll3. 
Part I (clauses 1 to 4) contains the interpretation clauses. IPINIIIGUYIC/l 
Page 134 
Part II (clauses 5 to 13) sets out the cc;rtegories of works protected by copyright, the 
qualliications for protection and the nature and duration of the rights conferrE~d under the 
Pcrrt. 
Part III (clauses 14 to 21) sets out. the details of the moral ri~hts and thf3 related 
rights of the authcr of specified categories of works. 
Pmt N (clauses 22 to 28) contains provisions dealing with the ownership and 
assignment of copyright. 
Part V (clauses 29 to 50) specifies the acts which constitute infringE,ments of 
copyright and the remedies available to the copyright ovvner and an exclusivE' licensee 
in respect of such infringements. 
Part VI (clauses 51 to 86) contains the exceptions to copyright infringements. These 
include use of the protected work for research and private study, criticism and review, 
use for public administration and use by educational establishments, librcrries and 
archives, subject to specified conditions. 
PClrt V11 (clc:ruses 87 to 102) contains provisions dealing with the liCt:msing of 
protected works by licensing bodies, on behalf of copyright ovvners, and the referral to 
the Copyright Tribunal of licensing schemes for the use of such works. IPIN/1/GUY/C/1 
Page 135 
Petrt VIII (clauses 103 to 106) deals with the establishment cmd jurisdiction of the 
Copyright Tribunal and provides for the making of regulations governing its operation. 
Part IX (clauses 107 to 136) contains provisions which confer rights in 
performances, on a performer and on a person who has an exclusive recordillg contract 
in relation to a performcmce. Exceptions to these rights are specified cmd oIfences are 
created for dealing with illicit recordings. 
Part X (clauses 137 to 153) sets out general provisions. These include provisions 
making explicit the powers of the police as regards offences created under the Bill 
authorising the extension of the provisions of the Bill to nationals of other countries, as 
well a~ the denial of such protection in certain circumstances, ond the making of 
regulations. 
1he Schedule contains provisions relating to the constitution and operCltion of the 
Copyright Tribunal. 
'The Bill in short seeks to revise the law relating to copyright bringing it in line with 
modern legislation on the subject. 
Minister of Culture, Youth cm.d Sport. 