The Copyright (Bermuda) Order 2003

• Citation: S.I. 2003/1517
• Sections: 11

Section 1

This Order may be cited as the Copyright (Bermuda) Order 2003 and shall come into force on such date as the Governor of Bermuda may appoint by proclamation published in the Gazette of Bermuda.

Section 2

The provisions of the Copyright, Designs and Patents Act 1988 specified in Part I of the Schedule hereto shall extend to Bermuda subject to the modifications specified in Parts II and III of that Schedule.

Section 3

The Copyright (Bermuda) Order 1962 is revoked.

Section 49 Public Records

Material which is comprised in public records which are open to public inspection in pursuance of any enactment may be copied and a copy may be supplied to any person, by or with the authority of any officer appointed under that enactment, without infringement of the copyright.

Section 69 Recording for purposes of supervision and control of broadcasts and cable programmes

(1) Copyright is not infringed by the making or use by a prescribed broadcasting undertaking, for the purpose of maintaining supervision and control over programmes broadcast by that undertaking, of recordings of those programmes.

(2) Copyright is not infringed by the making or use by the Broadcasting Commissioners of recordings of programmes in connection with and for the purpose of carrying out their functions under the Broadcasting Commissioners Act 1953.

(3) In this section “prescribed” means prescribed by order of the Minister.

(4) An order made under this section shall be subject to annulment in pursuance of a resolution of either House of the Legislature.

Section 107A Enforcement by inspectors designated under the Consumer Protection Act 1999

(1) It is the duty of every inspector designated under section 27 of the Consumer Protection Act 1999 to enforce the provisions of section 129.

(2) The following provisions of the Consumer Protection Act 1999 apply in relation to the enforcement of that section by such inspector as they apply in relation to the enforcement of that Act—

(a) section 28 (power to make test purchases, etc. );

(b) section 29 (power to enter premises and to seize goods, etc.);

(c) section 30 (offences connected to exercise of powers under section 29);

(d) section 31 (notice of test);

(e) section 32 (compensation);

Section 145 The Copyright Tribunal

(1) There shall be a Copyright Tribunal for Bermuda.

(2) The Tribunal shall consist of a chairman, a deputy chairman and a panel of not less than six other members, appointed by the Minister after consultation with the Registrar-General.

(3) A person is not eligible for appointment as chairman or deputy chairman unless—

(a) he is a barrister and attorney of at least seven years standing or he has held judicial office; or

(b) he has considerable experience of copyright matters.

Section 146 Membership of the Copyright Tribunal

(1) The members of the Copyright Tribunal shall hold and vacate office in accordance with their terms of appointment, subject to the following provisions.

(2) The term of appointment of a member of the Tribunal shall not exceed 3 years, and may be renewed.

(3) A member of the Tribunal may resign his office by notice in writing to the Minister.

(4) The Minister may by notice in writing to the member concerned remove him from office if—

(a) he has become bankrupt or made an arrangement with his creditors;

(b) he is incapacitated by physical or mental illness; or

(c) he is in the opinion of the Minister otherwise unable or unfit to perform his duties as member.

(5) If a member of the Tribunal is by reason of illness, absence or other reasonable cause for the time being unable to perform the duties of his office, either generally or in relation to particular proceedings, a person may be appointed by the Minister to discharge his duties for a period not exceeding six months at one time or, as the case may be, in relation to those proceedings.

Section 148 Constitution for purposes of proceedings

(1) For the purposes of any proceedings the Copyright Tribunal shall consist of—

(a) a chairman, who shall be either the chairman or a deputy chairman of the Tribunal; and

(b) two other members appointed by the Minister from the panel of members.

(2) If the members of the Tribunal dealing with any matter are not unanimous, the decision shall be taken by majority vote; and if, in such a case, the votes are equal the chairman shall have a further, casting vote.

(3) If the chairman is unable to continue, he shall appoint one of the remaining members to act as chairman.

(4) The chairman may (where necessary) appoint a suitably qualified person to attend the proceedings and advise the members on any technical questions on copyright issues arising.

(5) A person is suitably qualified for the purposes of subsection (4) if he is, or is eligible for appointment as chairman or deputy chairman of the Tribunal.

Section 161 Territorial Waters

For the purposes of this Part, the territorial waters of Bermuda shall be treated as part of Bermuda.

Section 162 Bermuda ships and aircraft

(1) This Part applies to things done on a Bermuda ship or aircraft as it applies to things done in Bermuda.

(2) In this section “Bermuda ship” and “Bermuda aircraft” mean, respectively, a ship or an aircraft registered in Bermuda.