Copyrights Law in Falkland Islands (BOT)
Here’s an overview of Copyright Law in the Falkland Islands (British Overseas Territory):
Copyright Law in the Falkland Islands
The Falkland Islands, as a British Overseas Territory (BOT), generally follow UK intellectual property law principles, but with some local adaptations.
1. Legal Framework
The main copyright law applicable is the Copyright Ordinance 2010 (as amended).
This local ordinance aligns closely with UK copyright law and EU directives (prior to Brexit).
The Falkland Islands government oversees IP enforcement locally.
The Islands also recognize international treaties via the UK, including:
Berne Convention,
WIPO Copyright Treaty (WCT),
Rome Convention,
TRIPS Agreement.
2. Protected Works
Copyright protection covers:
Literary works (books, articles, computer programs),
Musical works,
Artistic works (paintings, sculptures, photographs),
Cinematographic and audiovisual works,
Sound recordings and broadcasts,
Databases.
3. Rights Granted
Economic Rights: Reproduction, distribution, public performance, broadcasting, rental, and making available.
Moral Rights: Right to be identified as the author and to object to derogatory treatment.
4. Duration of Protection
Protection generally lasts for the life of the author plus 70 years after death.
For sound recordings and broadcasts, protection lasts 50 years from publication or communication.
5. Exceptions and Limitations
Includes fair dealing for research, private study, criticism, review, news reporting, and educational purposes.
Specific exceptions for libraries and disabled persons.
6. Registration
Copyright protection arises automatically upon creation.
No formal registration system exists.
7. Enforcement
Enforcement through local courts.
Remedies include injunctions, damages, seizure of infringing copies, and criminal penalties for serious infringement.
8. International Treaties
The Falkland Islands benefit from the UK’s participation in international copyright treaties:
Berne Convention,
WIPO Treaties,
Rome Convention,
TRIPS Agreement.
Summary
| Aspect | Details |
|---|---|
| Law | Copyright Ordinance 2010 |
| Protected Works | Literary, musical, artistic, audiovisual |
| Duration | Life of author + 70 years |
| Rights | Economic and moral rights |
| Registration | Automatic, no registration required |
| Enforcement | Civil and criminal remedies |
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