Copyright & Enforcement
Understanding copyright offences, penalties, and the enforcement powers available under the Copyright Act, Cap. 300 of Barbados.
Offences under the Copyright Act
The following acts constitute offences under the Copyright Act, Cap. 300, when done to such a degree as to prejudice the rights of the copyright owner:
Making for sale or hire any article which the manufacturer knows or has reason to believe is an infringing copy of a protected work (e.g. compact disc, videotape).
Selling, renting, offering or exposing for sale or rent, exhibiting in public or distributing in the course of business any article known to be an infringing copy.
Distributing any article known to be an infringing copy, outside the course of business.
Importing an infringing copy of a work other than for private or domestic use.
Examples of Infringement
The illegal copying of music onto compact discs and/or audio cassettes. Anyone involved in the production, sale and distribution of these items may be found guilty of an offence.
The downloading and/or copying of computer software (whether game, educational or business software) for distribution or sale purposes, without authorisation of the copyright owner.
The copying and recording of movies and/or video for commercial rental without the permission of the copyright owner or production studio.
Making photocopies of a book or other printed material without the permission of the owner or publisher.
Liability & Penalties
For making illicit copies (Section 132):
Magistrate: fine up to $50,000, imprisonment up to 2 years, or both
High Court: fine up to $150,000, imprisonment up to 5 years, or both
For dealing in infringing works (Section 46):
Magistrate: fines $25,000 – $50,000 and/or 2–3 years imprisonment
On indictment: fines $50,000 – $100,000 and/or 3–5 years imprisonment
Liability extends to persons in possession of the means to carry out illicit duplication (VCRs, recording equipment, pressing plants, CD-R/CD-RW drives). Companies and other bodies corporate may also be liable — directors, corporate secretaries, or managers who consented or connived to the infringement face the same criminal sanctions.
Court Orders
Under Section 47 of the Act, the copyright owner may seek, or the Court may make on its own volition, an Order requiring the offender to “deliver up” all infringing copies. The Court must be satisfied the offender possessed the illicit copies at the time of arrest or charge.
This Order may be followed by an Order to:
Forfeit the infringing article to the copyright owner
Destroy the infringing article
Dispose of the infringing article by such means as the Court sees fit
An Order for delivery up cannot be applied for after six years after the date the infringing copy was made, or six years after the date of discovery of the infringing copy.
Entry, Search & Seizure
Under Section 138, a police officer is empowered, once a warrant is issued, to:
Enter any premises or place where infringing copies are reasonably suspected
Stop, board and search any civilian vessel or aircraft
Stop and search any vehicle
Seize, remove, or detain any article appearing to be an infringing copy or equipment used for producing infringing material
Civil Proceedings
The copyright owner may pursue the following civil remedies:
Seek an injunction to prevent the offender from copying, distributing or importing/exporting illicit copies
Seek an order for delivery up of the infringing article
Seek an order for disposal of infringing materials
Bring a lawsuit and have damages awarded against the offender
Apply for an “Anton Piller” Order allowing for search, seizure and detention of infringing materials and production equipment
The advice of an attorney-at-law should be sought prior to pursuing any civil remedy.
Limitation of Prosecution
No prosecution can be mounted after five years from the date of the commission of an offence under the Act, or one year from the date of discovery of the commission of the offence, whichever is later.
Wilful obstruction of an officer in the execution of duties, failure to assist, or knowingly giving false information — including false warranty of authorization to consent to an investigation — are also offences under Section 140 of the Act.
Need to report copyright infringement?
Contact our Intellectual Property Office for guidance on enforcement and your rights.