WHO NEEDS A LICENSE?
The photocopier has made it easy for everyone to have instant access to printed information - whether it is a chapter from a book or an article from a magazine or newspaper. But, by law, only the author or publisher has the right to photocopy that work, or to authorise others to photocopy. Persons wishing to photocopy published works must therefore obtain permission from ECCLA, which has the mandate from local and international authors and publishers to manage their photocopying rights in the Eastern Caribbean.
In certain limited circumstances, the Antigua & Barbuda Copyright Act 2003, The Dominica Copyright Act 2003, The Grenada Copyright Act 1989, St. Kitts & Nevis Copyright Act 2002, Saint Lucia Copyright Act 2000 and The St. Vincent & the Grenadines Copyright Act 2003,
all allow users to copy without the permission of the copyright owner. These include copying:
- for teaching, instruction and examination purposes
- by educational institutions of not more than 5% of a published work every three months
- for private study and research on the basis of 'fair dealing' (as determined by the author)
- by librarians and archivists under specific conditions
- for other specific purposes like parliamentary and judicial proceedings, public records, news reporting, etc.
Outside of these exceptions, photo- copying without permission is illegal. The law provides both civil remedies (inclu-ding damages, legal costs and injunctions) and criminal sanctions (including seizure of infringing copies, imposition of fines and imprisonment).
ECCLA will negotiate blanket licences with large user sectors like Government, educational institutions, copyshops and commercial establishments. In return for licence fees permission will be granted to copy specified portions of works for use within the organisation licensed. Copies made cannot be sold. The licences do not permit photocopying as a substitute for purchase of the published edition, hence limits are set on the portion of a work that may be photocopied.
ECCLA will also issue transactional licences to persons or organisations that wish to make multiple copies of portions of published works for sale to a specific clientele. For example, a lecturer may wish to produce a course pack or antho- logy containing excerpts from several publications for sale to his or her students. Each transactional licence will be valid for one specific use only.
Except when expressly authorised by rights holders, ECCLA will not issue licences for copies of:
- unpublished works or original artistic works
- Workbooks, instructional manuals and teachers guides
- Commercial newsletters
- Print music
ECCLA acts as a bridge between creators and users offering an efficient and convenient service whereby the society can benefit from the works of creators via photocopying, while respecting copyright and complying with the Antigua & Barbuda Copyright Act 2003, The Dominica Copyright Act 2003, The Grenada Copyright Act 1989, St. Kitts & Nevis Copyright Act 2002, Saint Lucia Copyright Act 2000 and The St. Vincent & the Grenadines Copyright Act 2003.