The Copyright (Virgin Islands) Order 1962

In subsections (1) and (10), for “United Kingdom” there shall be substituted “Virgin Islands” ;

in subsection (2), for the references to a farthing there shall be substituted references to .3 cent in the currency of the United States of America, and for the references to three farthings there shall be substituted references to .9 cent of the same currency;

for subsection (3) there shall be substituted the following:—

“(3)

If at any time the Board of Trade by order made under this subsection in its operation in the law of the United Kingdom prescribe for the purposes of this section either generally or in relation to any one or more classes of records, any different rate of, or minimum amount of, royalty the provisions of this section shall be construed subject to the provisions of any such order as is for the time being in force, provided that any reference in any such order to a sum of money shall be construed as a reference to the equivalent sum in the currency of legal tender in the Virgin Islands as provided by any law of the Virgin Islands.”;

in subsection (4), for paragraph (a) there shall be substituted the following:—

“(a)

the minimum amount of royalty shall be .9 cent in the currency of the United States of America in respect of each of those works; and”;

in subsection (11), for references to the Board of Trade there shall be substituted references to the Administrator in Council.

For subsection (5) there shall be substituted the following:—

“(5)

For the purposes of this section a design shall be taken as being applied industrially if it is applied in the circumstances for the time being prescribed by rules made by the Board of Trade under section thirty-six of the Registered Designs Act 1949, as extended by this section in the law of the United Kingdom.”.

For subsection (3) there shall be substituted the following:—

“(3)

Copyright subsisting in a cinematography film by virtue of this section shall continue to subsist until the film is published and thereafter until the end of the period of fifty years from the end of the calendar year which includes the date of its first publication and shall then expire, or, if copyright subsists in the film by virtue only of the last preceding subsection, it shall continue to subsist as from the date of first publication until the end of the period of fifty years from the end of the calendar year which includes that date and shall then expire.”;

in subsection (8), for “any such film as is mentioned in paragraph (a) of subsection (1) of section thirty-eight of the Films Act 1960 (which relates to newsreels)” there shall be substituted “any film consisting wholly or mainly of photographs which, at the time they were taken, were means of communicating news”; subsection (11) shall be omitted.

In subsection (4), for “Board of Trade”

there shall be substituted “Administrator in Council”.

There shall be inserted, after subsection (4), the following subsection:—

“(4A)

No action in respect of an infringement of copyright shall be commenced after the expiration of a period of more than six years from the date at which the right of action accrued.”;

subsection (6) shall be omitted.

In subsection (1), for the proviso there shall be substituted the following:—

“ Provided that where a cause of action in respect of the conversion or detention by any person of any such copy or plate has accrued under this subsection to the owner of the copyright, and notwithstanding that before he recovers possession of such copy or plate, a further conversion or detention takes place, the owner of the copyright shall not be entitled to any rights or remedies under this subsection in respect of anything done in relation to that copy or plate after the expiration of six years from the accrual of the cause of action in respect of the original conversion or detention. ”;

subsection (4) shall be omitted.

In subsections (1) and (6), for “United Kingdom” there shall be substituted “Virgin Islands”;

in subsection (7), for “forty shillings” there shall be substituted

“5.6

dollars in the currency of the United States of America”;

in subsections (7) and (8) for “fifty pounds” there shall be substituted “140 dollars in the currency of the United States of America”;

for subsection (10) there shall be substituted the following:—

“(10)

An appeal shall lie to the Supreme Court of the Windward Islands and Leeward Islands from any order made under the last preceding subsection by a court of summary jurisdiction.”.

In subsection (1), for “the Commissioners of Customs and Excise (in this section referred to as “the Commissioners”)” there shall be substituted “the Treasurer” and for subsequent references in the section to the Commissioners there shall be substituted references to the said Treasurer;

in subsections (2) and (3), for “United Kingdom” there shall be substituted “Virgin Islands”;

in subsection (4), after “regulations” , where that word first occurs, there shall be inserted “subject to the approval of the Administrator in Council”;

for subsection (6) there shall be substituted the following:—

“(6)

Any fees paid in pursuance of regulations made under this section shall be treated as monies collected on account of the general revenue.”;

in subsection (7), for the references to the Customs and Excise Act 1952 there shall be substituted references to the Customs Ordinance 1892.

Subsections (1) and (2) shall be omitted;

in subsection (4), for “United Kingdom” there shall be substituted “Virgin Islands” and for “in a country” there shall be substituted “in the United Kingdom or in any country other than the Virgin Islands”.

For subsection (1) there shall be substituted the following:—

“(1)

An organisation to which this section applies is one declared to be such by an Order in Council made under this section as part of the law of the United Kingdom which has been extended, in relation to that organisation, to the Virgin Islands.”

Subsection (3) shall be omitted;

in subsection (4), for “either of the two last preceding subsections” there shall be substituted “the last proceeding subsection” and “or the programme to be transmitted, as the case may be” shall be omitted;

in subsection (5), the references to a work shall be omitted.

For subsection (7) there shall be substituted the following:—

“(7)

In this section—

• “school” means a primary or secondary school within the provisions of the Education Ordinance 1955; and “duplicating process” means any process involving the use of an appliance for producing multiple copies. ”.

In subsection (1), there shall be added the following definitions:—

• ““Administrator” means the person for the time being holding the office of Administrator of the Virgin Islands and includes any person for the time being performing the functions of that office and, to the extent to which a deputy appointed under article five of the Virgin Islands Letters Patent 1959 is authorised to perform these functions, that deputy;

• “Administrator in Council” means, save as otherwise provided by Letters Patent under the Great Seal of the United Kingdom or by Instructions under the Royal Sign Manual and Signet, the Administrator acting with the advice of the Executive Council of the Virgin Islands, and to such extent as may be provided by any such Letters Patent or Instructions, in accordance with that advice, but not necessarily in such Council assembled;

• “Treasurer” means the Treasurer of the Virgin Islands. ”;

in subsection (4), for “United Kingdom” there shall be substituted “Virgin Islands”.

For subsection (2) there shall be substituted the following:—

“(2)

(a) Any provision of this Act empowering the Administrator in Council or the Treasurer to make regulations shall come into operation on the commencement of the Order in Council extending that provision to the Virgin Islands.

(b)

All the other provisions of this Act shall come into operation on 11th February 1963.”;

subsection (3) shall be omitted.

Paragraphs 25, 26, 40 and 41 shall be omitted;

in paragraph 46, for “United Kingdom” there shall be substituted “Virgin Islands”.