The Copyright Act of Jamaica, s. 6 | sarah hsia | February 18, 2015

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The Copyright Act of Jamaica, s. 6

Category of eligible works

6.-(1) Copyright is a property right which, subject to the provisions of this section, may subsist in the followjng categories of work-

(a) original literary, dramatic, musical  or artistic works;

(b) sound recordings, films, broadcasts  or  cable programme;

(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 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.

(3)  For the purposes of subsection (2), 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.

(3A) Copyright subsisting in a literary work that is a compilation does not extend to any works, data or other material comprised in the compilation and does not affect any copyright which may exist in such works, data or other material.

(4) Copyright shall not subsist in a sound recording or film which is, or to the extent that it is, a copy taken from a previous sound recording or film.

(5) Copyright shall not subsist in a broadcast which infringes, or to the extent that it infringes, the copyright in another broadcast or in a cable programme.

(6) Copyright shall not subsist in a cable programme-

(a)   if it is included in a cable programme service by reception and immediate retransmission of a broadcast; or

(b) if it infringes, or to the extent that it infringes, the copyright in another cable programme or in a broadcast.

(7)   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.

(8)  Copyright protection does not extend to an idea, concept, process, principle, procedure, system or discovery or things of a similar nature.

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February 18, 2015

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sarah hsia

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