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Where design derived from artistic work is exploited

Cap. 252, s. 74 · Revised Edition 2020

(1) Where an artistic work has been exploited by or with the licence of the copyright owner by, (a) making by an industrial process articles falling to be treated under this Act as copies of the work; and (b) marketing such in Belize or elsewhere, then, after the end of the period of twenty-five years from the end of the calendar year in which such articles are first marketed, a person may, without infringing copyright in the work, copy the work by making articles of any description or by doing anything for the purpose of making articles of any description, or by doing anything in relation to articles so made. (2) Where only part of an artistic work is exploited in the manner described in subsection (1) of this section, then the provisions of that subsection apply only in relation to that part. (3) The Minister may by Order make provision, (a) as to the circumstances in which an article or any description of an article is to be regarded for the purposes of this section as made by an industrial process; (b) excluding from the operation of this section such articles of a primarily literary or artistic character as he thinks fit. (4) In this section, (a) references to articles do not include films; and 86 (b) references to the marketing of an article are to its being sold or let for hire or offered or exposed for sale or hire.
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