COPYRIGHT
PROVISIONS EXIST IN GUYANA
By Prem Misir Ph.D.
Guyana has copyright provisions!
It is, however, true to say that we have
no local statute on copyright. But Guyana is a signatory to
the Berne Convention and the Universal Copyright Convention.
In addition, other copyright legal provisions are enacted
in the Copyright Act 1956 of the United Kingdom to which Guyana
acceded in 1966. The problem, however, is that these copyright
provisions are not enforced.
In 1988, Guyana, in order to receive beneficiary
status under the Caribbean Basin Initiative, had to be a signatory
not only to the Berne Convention, but also a signatory to
the Universal Copyright Convention.
Copyright is a type of protection provided
by law to authors of original works of authorship, inclusive
of literary, dramatic, musical, artistic, and some other intellectual
works. Let’s now take a snapshot view of the Berne Convention
and the Universal Copyright Convention.
The Berne Convention
Guyana is among 121 countries that were party to the Berne
Convention on March 2, 1997. These countries are as follows:
Albania, Argentina, Australia, Austria, Bahamas,
Bahrain, Barbados, Belgium, Benin, Bolivia, Bosnia and Herzegovina,
Brazil, Bulgaria, Burkina Faso, Cameroon, Canada, Central
African Republic, Chad, Chile, China, Colombia, Congo, Costa
Rica, Côte d'Ivoire, Croatia, Cuba, Cyprus, Czech Republic,
Denmark, Ecuador, Egypt, El Salvador, Estonia, Fiji, Finland,
France, Gabon, Gambia, Georgia, Germany, Ghana, Greece, Guinea,
Guinea-Bissau, Guyana, Haiti, Holy See, Honduras, Hungary,
Iceland, India, Ireland, Israel, Italy, Jamaica, Japan, Kenya,
Latvia, Lebanon, Lesotho, Liberia, Libya, Liechtenstein, Lithuania,
Luxembourg, Madagascar, Malawi, Malaysia, Mali, Malta, Mauritania,
Mauritius, Mexico, Monaco, Morocco, Namibia, Netherlands,
New Zealand, Niger, Nigeria, Norway, Pakistan, Panama, Paraguay,
Peru, Philippines, Poland, Portugal, Republic of Korea, Republic
of Moldova, Romania, Russian Federation, Rwanda, Saint Kitts
and Nevis, Saint Lucia, Saint Vincent and the Grenadines,
Senegal, Slovakia, Slovenia, South Africa, Spain, Sri Lanka,
Suriname, Sweden, Switzerland, Thailand, The former Yugoslav
Republic of Macedonia, Togo, Trinidad and Tobago, Tunisia,
Turkey, Ukraine, United Kingdom, United Republic of Tanzania,
United States of America, Uruguay, Venezuela, Yugoslavia,
Zaire, Zambia, Zimbabwe
The Berne Convention is based on three principles,
as follows:
· Works created in one contracting country must be
afforded the same protection in each of the other contracting
countries as these give to the works of their own citizens.
This is the principle of no discrimination.
.The copyright protection is unconditional.
This is the principle of automatic protection.
.The copyright protection is independent of the availability
of protection in the country where the work originated. This
is the principle of independence of protection.
With regard to original works, the protection
will comprise “every production in the literary, scientific
and artistic domain, whatever may be the mode or form of its
expression” (Article 2(1) of the Berne Convention.
The Berne Convention contains 38
Articles as follows:
· Article 1 [Creation of Union]
· Article 2 [Literary and Artistic Works Covered]
· Article 2bis [Legal Proceedings / Press Reports]
· Article 3 [Nationality of Authors and Coverage]
· Article 4 [Nationality and Motion Pictures or Architecture]
· Article 5 [National Treatment; Formalities Forbidden]
· Article 6 [Dealing with Nationals of Countries
Outside the Union]
· Article 6bis [Moral Rights}
· Article 7 [Duration]
· Article 7bis [Joint Authorship]
· Article 8 [Right of Translation]
· Article 9 [Right of Reproduction]
· Article 10 [Fair Use]
· Article 10bis [News Coverage]
· Article 11 [Right of Performance]
· Article 11bis [Right of Broadcast]
· Article 11ter [Right of Public Recitation]
· Article 12 [Right of Adaptation]
· Article 13 [Sound Recordings]
· Article 14 [Cinematographic Rights]
· Article 14bis [Protection of Cinematographic Works]
· Article 14ter [Inalienable Rights in Original Works]
· Article 15 [Proof of Authorship]
· Article 16 [Seizure of Infringing Works]
· Article 17 [Censorship]
· Article 18 [Works Covered When the Convention Takes
Effect]
· Article 19 [Right to Claim Greater National Protection]
· Article 20 [Relationship to Other Treaties]
· Article 21 [Appendix Provisions Dealing with Developing
Countries]
· Article 22 [The Assembly]
· Article 23 [Executive Committee]
· Article 24 [The International Bureau]
· Article 25 [The Union's Budget]
Article 26 [Amendment of Articles 22-26]
· Article 27 [Revision]
· Article 28 [Ratification and Accession]
· Article 29 [Accession by Countries Outside the
Union]
· Article 29bis [Countries Not Bound by Articles
22-38]
· Article 30 [Effect of Ratification or Accession]
· Article 31 [Application to Territories]
· Article 32 [Effect on Earlier Convention and Its
Revisions]
· Article 33 [Disputes Among Countries]
· Article 34 [Effect on Earlier Convention and Its
Revisions]
· Article 35 [Leaving the Union]
· Article 36 [National Measures to Enforce]
· Article 37 [Official Texts]
· Article 38 [Countries Not Bound by Articles 22-26]
Each of these Articles should mandatorily be reviewed in
the preparation of a copyright draft for legal enactment
in Guyana.
What rights are protected through
the Berne Convention? These rights are to be interpreted
as rights of authorization, and they are:
· right to translate
· right to make revisions and arrangements of the
work
· right to publicly perform in drama, and musical
works
· right to publicly narrate literary works
· right to communicate to the public the presentation
of such works
· right to broadcast
· right to make reproduction in any way
· right to utilize the work as the origin for an
audiovisual work
· right to demand authorship of the work and the
right to demur any mutilation, or any offensive action against
the work, which would compromise the author’s character
and standing.
Copyright protection generally lasts through
the life of the author plus 75 years. However, copyright protection
for audiovisual or cinematographic works continues until 50
years after the work was made public. For applied art and
photographic works, copyright protection is, at least, 25
years from the date of origination of the work.
The Universal Copyright Convention
The Universal Copyright Convention was adopted at Geneva in
1952 through the sponsorship of UNESCO, and took effect in
1955.
Some facets of it are as follows:
.No signatory country should give its own local authors more
favourable copyright treatment than the authors of other signatory
countries.
· An official copyright sign must be inscribed in all
works and have the symbol ©, the copyright owner’s
name, and year of first publication.
· The minimum duration for copyright protection must
be the life of the author plus 25 years, excluding photographic
works and applied works, which must have a 10-year protection.
· Signatory countries must afford an exclusive right
of translation for seven years.
The Universal Copyright Convention has an
incisive philosophical basis. This philosophy takes the view
that a system of copyright protection suitable for all countries
and presented in a Universal Convention, will guarantee individual
rights and promote the growth of literature, the sciences,
and the arts. In addition, a universal copyright system will
produce an increased dissemination of information and advance
international understanding.
Both Conventions considered the needs of
developing societies with regard to translation, reproductions,
public performances, and broadcasting. So at a Paris Conference
in 1971, both the Berne Convention and the Universal Copyright
Convention eased up regulations in the areas of teaching,
scholarship, and research for developing countries.
Guyana needs a local statute on copyright
to provide protection within its own legal system. But whatever
statute is created, that statute must conform to the international
standards as stipulated through the Berne Convention and the
Universal Copyright Convention. For instance, the Berne Convention
some years ago increased protection to the life of the author
plus 75 years. The US Copyright Law is likely to revise its
current “life plus 50 years’ into compliance with
international standards as indicated in the Berne Convention.
Any broadcasting law, in making provisions
for copyright, also must comply with international standards
through the Berne Convention and the Universal Copyright Convention,
or ant other appropriate international conventions.
The need for a copyright law in Guyana is
urgent. A draft of copyright provisions is currently being
studied within the Attorney’s General’s Office,
and hopefully some movement will now be effected.
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