Copyrights Law in Bermuda (BOT)
Here’s a detailed overview of copyright law in Bermuda (British Overseas Territory):
Copyright Law in Bermuda (BOT)
1. Governing Legislation
Copyright in Bermuda is governed by the Copyright Act 2004, which came into force on January 1, 2005.
The Act is modeled closely on the UK Copyright, Designs and Patents Act 1988.
Administered under the jurisdiction of the Government of Bermuda, specifically through the Ministry responsible for intellectual property.
2. Protected Works
The law protects original works including:
Literary works (books, articles, computer software)
Artistic works (paintings, drawings, sculptures)
Musical works and lyrics
Dramatic and choreographic works
Cinematographic films and audiovisual works
Sound recordings
Broadcasts and cable programmes
Typographical arrangements of published editions
3. Rights Granted
Economic rights: exclusive rights to reproduce, distribute, perform, broadcast, communicate to the public, and adapt the work.
Moral rights: the right of authors to be identified as the creators and to object to derogatory treatment of their work.
4. Duration of Protection
Literary, dramatic, musical, and artistic works: Life of the author plus 70 years.
Sound recordings and broadcasts: 50 years from creation or first publication.
Anonymous or pseudonymous works: 70 years from the date of publication.
5. Registration
Copyright protection arises automatically upon creation of the work.
There is no formal registration system for copyrights in Bermuda.
Registration is not required to enforce copyright.
6. International Treaties
Bermuda generally aligns with UK obligations and benefits from:
Berne Convention for the Protection of Literary and Artistic Works (as a British Overseas Territory, aligned through the UK)
WIPO treaties (via the UK)
TRIPS Agreement (through UK membership in WTO)
7. Enforcement
Enforcement of copyrights is through civil courts.
Remedies include injunctions, damages, and account of profits.
Criminal penalties may apply in cases of willful infringement.
Summary Table
| Aspect | Details |
|---|---|
| Governing Law | Copyright Act 2004 |
| Protected Works | Literary, artistic, musical, audiovisual, sound recordings |
| Duration | Life + 70 years (works), 50 years (sound/broadcast) |
| Registration | No formal registration system |
| International Treaties | Berne, WIPO, TRIPS (via UK) |
Useful Information
For specific inquiries or enforcement, the Bermuda Department of Intellectual Property or legal counsel specializing in IP in Bermuda can be contacted.
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