New Cayman Islands Copyright Law in Effect

On 30 June 2016, the Copyright (Cayman Islands) Order 2015 and the Copyright (Cayman Islands) (Amendment) Order 2016 came into force.  They extend a customized version of Part 1 of the UK’s Copyright, Designs and Patents Act 1988 (including Schedule ZA1 and Schedule 1 of the Act) to the Cayman Islands. Usefully, the Ministry of Financial Services and Commerce has released an Unofficial Consolidation of the new law in advance of implementation.

The modernized law has broadened the types of works protected in the Cayman Islands, as well as expanding the range of acts restricted by copyright. Literary, dramatic, musical and artistic works are now protected, as well as sound recordings, films and broadcasts to name but a few.  For the first time computer programs are protected under the “literary work” umbrella.

The provisions of the 1956 copyright legislation limited copyright subsistence in broadcasts to television broadcasts and sound broadcasts (being broadcasts consisting of wireless transmissions) made by the BBC or by the Independent Television Authority.  Cable broadcasts were not protected.  The definition of “broadcast” has been extended under the new law to include wireless transmissions and cable transmissions of a broadcast.

Furthermore, the owner of a copyright in a published literary, dramatic or musical work, or sound recording or film, may give notice to the Collector of Customs that he is the copyright owner of that work and request the Collector of Customs to treat infringing copies of his work as prohibited goods for a specified period. The details of the expected importation into the Cayman Islands must be provided. Notice must be provided on the prescribed form found in Schedules 1 or 2 of The Copyright (Customs) Regulations 2016 respectively and must be accompanied by a copy of the work and the appropriate fee.

You can read more about the new law in HSM IP’s Copyright Client Guide.


ARTICLE CONTRIBUTOR:

Questions or comments? Contact Sophie Davies, Attorney at sdavies@hsmoffice.com

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