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Minding Your Legal Affairs XXX: Copyright in Grenada

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The Parliament of Grenada passed a new Copyright Act in 2011, intended to protect copyright in its modern construct, replacing the 1989 version of the law. 

Some key provisions of the Copyright Act are set out below.

What is a copyright?

A copyright is a type of property right to which the creator and or owner of a piece of an original intellectual creation in the literary and or artistic domain is entitled.

Some of the types of copyright and related works protected by the Copyright Act:

  • books, computer programs and other writings
  • speeches, sermons and other similar works
  • dramatic and choreographic works, and works created for stage productions
  • musical works
  • audiovisual works
  • architectural works
  • drawings, paintings, sculptures, tapestry, other fine art
  • photographic works
  • works of applied art
  • illustrations, maps, plans, sketches, 3D works concerning geography, topography, architecture or science
  • translations, adaptations and transformation of copyrighted works
  • works of carnival

Does a work need to be registered?

No. Copyright is automatic. Once an original work is created, copyright in it exists solely by the fact of its creation regardless of mode or form of expression, content, quality or purpose. Proof of ownership is another matter.

Exclusive rights of a copyright owner

Subject to certain exceptions set out in the Copyright Act, the owner is the only person who can do, authorise or prohibit the following acts concerning the work:

  • reproduction
  • translation
  • adaptation, arrangement, other transformation
  • distribution of originals or copies to the public
  • rental of the original or copy of an audiovisual work, a work embodied in a sound recording, a computer programme, a database or a musical work in the form of a notation, irrespective of ownership of the original or copy
  • public display of the original or copy
  • public performance of the work, including cable programme services
  • broadcasts of the work, including cable television service broadcasts
  • communication to the public of the work.

Some of the instances when can works be used without the owner’s permission:

  • private reproduction for personal purposes by an individual, but limited to certain types of works
  • reproduction in the form of a quotation, provided that it is compatible with fair dealing and justifiable for the purpose being used
  • reproduction or other use for the purpose of teaching
  • reproduction by libraries and archives
  • reproduction, on a non-profit basis, in order to render its form suitable for visually impaired persons
  • where it is being used for public security and or to ensure proper performance or reporting of administrative, parliamentary or judicial proceedings
  • for information purposes
  • inclusion of an artistic work in a work, broadcast or communication to the public where it is situated in a public space or part of dissemination to the public as a background or incidental to the essential matters being presented.

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