Registry General Releases Copyright Advisory

January 21, 2014

The Registry General’s Department announced that on February 1st, several copyright regulations and orders in accordance with the Copyright and Designs Act will come into effect.

Last December, the Minister of Home Affairs Michael Fahy announced in the Senate a raft of amendments to the Act aimed at modernising Bermuda’s intellectual property regime.

At the time of the Minister’s December announcement he said, “I am pleased to report that after almost five years, the Regulations and Orders are now ready to be made and it is my intention to bring them into force within the coming weeks.

“My objective is to raise awareness so that persons that will be affected by the Copyright regulatory regime can prepare themselves accordingly.”

The following will come into effect on Feb. 1st, 2014:

  • Copyright [Customs] Regulations 2014
  • Copyright [Education Establishments] Order 2014
  • Copyright [Librarians and Archivists] [Copying of Copyright Material and Lending of Copies] Regulations 2014
  • Copyright and Rights in Performances [Notice of Seizure] Order 2014
  • Copyright Tribunal Rules 2014
  • Copyright [Subtitling of Television Broadcast and Cable Programmes][Designated Body] Order 2014
  • Copyright [Recording for Archives][Designated Class and Bodies] Order 2014
  • Copyright [Broadcasting Undertaking] Order 2014
  • Copyright [International Orgnizations] Order 2014

For copies of the Act interested person can visit here; the Order will also be available for download on the website after it commences on 1st, February 2014.

For further information can email apennyman@gov.bm, or call 297-7662.

The new copyright regulations and orders follows below:

Copyright [Customs] Regulations 2014

The Regulation is being made under the Copyright and Design Act 2004 [“the Act”] and prescribes the form of notice that must be given to ask the Collector of Customs to treat specified copyright items as prohibited goods. Section 139 of the Act enables the owner of the copyright in a literary, dramatic, or musical work to give notice to the Collector of Customs that he is the owner thereof, and that he requests that infringing printed copies of the work be treated as prohibited goods for a specified period. Section 139 also enables the owner of a copyright in a sound recording or film to give notice to the Collector of Customs that infringing copies of the work are expected to arrive in Bermuda at a specified time and place, and to request that the Collector of Customs treat these as prohibited goods. The Minister is empowered under section 140 of the Act to prescribe the forms required when giving notice to the Collector of Customs. The Regulation revokes the regulations currently in place [The Copyright [Customs] Regulations 1964] and is not intended to place restrictions on the current activities of Customs or require that any action be taken.

Copyright [Education Establishments] Order 2014

The Order is being made under the Copyright and Design Act 2004 [“the Act”] and provides exceptions to the general restrictions on the use of copyright materials. Section 5 of the Act empowers the Minister to specify a description of “educational establishments” for the purposes of sections 51 to 55 of the Act. These are organizations that do not infringe copyright when they make copies, for educational purposes, of works in which copyright subsists. All Bermuda schools and educational institutions come within the description of “educational establishments” provided in the Order, but please note that the Order is not intended to place restrictions on the current activities of Bermuda schools or educational institutions and does not require that any action be taken.

Copyright [Librarians and Archivists] [Copying of Copyright Material and Lending of Copies] Regulations 2014

The Regulation is being made under the Copyright and Design Act 2004 [“the Act”] and provides a description of libraries and archives for the purposes of sections 56 to 63 of the Act, and specifies the conditions which must be met before librarians and archivists may make copies under these sections [e.g. the librarian or archivist must be satisfied that the copy requested is for the purpose of research or private study and will not be used for any other purpose]. Section 56 of the Act empowers the Minister to designate libraries and archives that are permitted to make copies of published and unpublished copyright works for specific purposes, without infringing the copyright in those works, provided certain conditions are met. All libraries and archives in Bermuda, for example the Bermuda National Library, are designated library pursuant to the Regulation, but please note that the Regulation is not intended to place restrictions on the current activities of libraries and archives in Bermuda and does not require that any action be taken. The Regulation revokes the regulations currently in place [The Copyright [Libraries] Regulations 1964 and the Copyright [Notice of Publication] Regulations 1964] and introduces replacement forms for those currently in use.

Copyright and Rights in Performances [Notice of Seizure] Order 2014

The Order is being made under the Copyright and Design Act 2004 [“Act”] and prescribes the form of notice that must be given by a copyright owner when seizing items that infringe their copyright work. Sections 128 and 243 of the Act give copyright owners the right to seize items that infringe their copyright when such items are on display for sale or hire, or when the items are known to be in the possession, custody or control of another person. The Minister is empowered under sections 128 and 243 of the Act to prescribe the forms of notice required to be given when making such seizures.

Copyright Tribunal Rules 2014

The Rules is being made under the Copyright and Design Act 2004 [“the Act”] and provides rules of procedure governing proceedings before the Copyright Tribunal. Chapter IX of the Act requires the establishment of a Copyright Tribunal, with the primary function of making a ruling in cases where parties cannot agree on the terms and conditions of a copyright licenses. Section 186 of the Act empowers the Minister to make rules for regulation proceedings before the Copyright Tribunal [e.g. how proceedings are initiated; how applications to the Tribunal are managed; how hearings are conducted; how Tribunal decisions are delivered].

Copyright [Broadcasting Undertaking] Order 2014

The Order is being made under the Copyright and Design Act 2004 [“the Act”] and designates any broadcasting company registered in Bermuda and permitted to broadcast on the island for purposes of section 95 of the Act. Section 95 provides that designated broadcasting companies can make recordings of cable or broadcast programmes of other broadcasting companies/networks, for the purposes of supervision or control of these programmes broadcasted locally, without infringing the copyright in these programmes. The Minister is empowered by section 95 of the Act to make an order designating the broadcasting companies that are allowed to make recordings or broadcasting and cable programmes for these purposes. Any broadcasting companies registered in Bermuda is a designated broadcasting company pursuant to the Order, but please note that the Order is not intended to place restrictions on the current activities of any broadcasting company registered locally and does not require any action to be taken.

Copyright [Sub-titling of Television Broadcasts and Cable Programmes][Designated Body] Order 2014

The Order is being made under the Copyright and Design Act 2004 [“the Act”] and designates bodies/organizations that are permitted to provide copies of television broadcast or cable programmes for purposes of section 100 of the Act. Section 100 of the Act empowers the Minister to designate organizations that may make copies of television broadcasts or cable programmes to adapt or modify them with sub-titles for people who are deaf or otherwise physically or mentally disable. Designated organizations do not infringe copyright in the broadcasts, cable programmes or works included in them when they make such adaptations to these programmes, and may issue the modified copies to the public. Bermuda Islands Association of the Deaf [BIAD] is a designated organization pursuant to the Order, but please note that the Order is not intended to place restrictions on the current activities of Bermuda Islands Association of the Deaf [BIAD] and does not require any action to be taken.

Copyright [Recording for Archives] [Designated Classes and Bodies] Order 2014

The Order is being made under the Copyright and Design Act 2004 [“the Act”] and designates 1] bodies that maintain archives and 2] classes of broadcasts and cable programmes for purposes of section 101 of the Act. Section 101 of the Act empowers the Minister to designate bodies that can make recordings of broadcasts or cable programme of a designated class for the purpose of placing the recording in an archive without infringing the copyright in that work. All establishment in Bermuda that maintain archives, for example the Bermuda Medical Association, is a designated body pursuant to the Order, but please note that the Order is not intended to place restrictions on the current activities of any designated body and does not require any action to be taken.

Copyright [International Organisations] Order 2014

The Order is being made under the Copyright and Design Act 2004 [“the Act”] and designates international organisations in which copyright vests when literary, dramatic, musical or artistic works are created by these organisation’s officers or employees. This applies if the works are not protected under other provisions of the Act, but please note that the Order is not intended to place restrictions on the current activities of any designated designated international organisation and does not require any action to be taken.

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  1. Joan K. Aspinall says:

    The statement “modernising Bermuda’s intellectual property regime” is still way off the mark. What is the Minister doing for the art world? How are Bermuda artists working in varied creative fields protected from having their art stolen by unscrupulous, business pirates for copying abroad?

    Case in note: twenty-five years ago my pen and ink art of a historical monument in Bermuda for reproduction on T-shirts was stolen by a shop owner who removed my signature from the design and substituted his own. The design, prominently displaying his name, was then printed on t-shirts in Brazil and imported into Bermuda. In the U.S, theft of copyright is considered a serious crime punishable by a $250,000 fine.(probably increased) In Bermuda, this wasn’t even a crime. The Attorney General referred me to the Police Crime Unit where a detective pulled out an antiquated book of laws dating back to early nineteen hundreds, an age devoid of four-colour advertising, glossy magazines, television, etc., all requiring commercial art. He informed me the only thing I could register for copyright was my signature, for which I would have to pay a hefty fee, or register each individual piece of art.

    That tells me that Bermuda has little or no regard for artists or their easily exploitable art. No where else in the world does such discrimination exist. For information and a note to all artists: an artist who signs his/her work, accompanied by the encircled c, plus the date, is automatically under copyright protection worldwide(the same applies to books). Everywhere, that is but Bermuda. Early in the 1980′s, the Chamber of Commerce stated copyright protection for artists was a hot item on their agenda and for me not to pursue the issue. Come again? Thirty-four years?

    Minister Fahy, please make your words a reality. Art is our culture. Protect it. Protect us.

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