Statutory licences

(1) Where by virtue of an assignment or licence a person is authorised to broadcast or include in a cable programme service, a literary, dramatic, musical or artistic work or a film or sound recording from a place in Belize but (apart from this subsection) would not be entitled to make copies of it, then, subject to the conditions specified in subsection (2) of this section, the authority contained in the assignment or licence shall be deemed to extend to making one copy only for the purposes, and subject to the conditions, in subsection (2) of the (2) Subsection (1) of this section, shall apply only if the following conditions are satisfied, (a) the copy shall not be used for making any further copies or for any other purpose except either for broadcasting or inclusion in a cable programme service in accordance with the assignment or licence, or for archival purposes; and (b) the copy (unless kept for archival purposes) shall be destroyed before the end of the period of ninety days beginning with the day on which it is first used for broadcasting or included in a cable programme service in pursuance of the assignment or licence, or such extended period (if any) as may be agreed between the person who made the copy and the person who (in relation to the making of copies of the description in question) is the owner of the copyright. (3) A copy made in accordance with subsection (1) of this section, shall be treated as an infringing copy, (a) for the purposes of any use in breach of condition (a) of subsection (2) of this section; and (b) for all purposes after that condition or condition (b) of subsection (2) of this section has been broken. 88 (4) Where records of a literary, dramatic or musical work have, with the licence of the owner of the copyright in the work, been previously made in Belize or imported into Belize, for the purposes of retail sale, then, any person may after the expiry of the period of four months immediately following upon the date of the first authorised manufacture in, or importation into, Belize of such records, and without first obtaining a licence from the owner of the copyright in the work, make or authorise the making of records of it provided that, (a) the person intends to sell the records by retail, or to supply them for the purpose of being sold by retail by another person, or intends to use them for making other records which are to be sold or supplied; (b) the person pays royalties calculated at the prescribed rates; (c) the person complies with such conditions relating to notice, method and time of payment, administration of royalties paid and other matters, as may be prescribed; and (d) the person who makes or authorises the making of records pursuant to this subsection shall not make or authorise the making of any alterations in, or omissions from the work, unless records of that work containing similar alterations and omissions have been previously made by, or with the licence of, the owner of the copyright or unless such alterations and omissions are reasonably necessary for the adaptation of the work to the record in question. 89 (5) Where a literary, dramatic, musical or artistic work or film sound recording is broadcast with the licence of the copyright owner, any person may, without obtaining the licence of the copyright owner incorporate (by means of the reception of the broadcast) the work in a cable programme service. Simultaneous transmission by cable of Provided that, (a) the transmission by the cable service takes place simultaneously with the reception of the broadcast; (b) the programme in which the literary, dramatic, musical or artistic work or film or is incorporated, is transmitted without any alteration of any kind; and (c) the copyright owner shall be entitled to receive from the person providing the cable programme service, equitable remuneration in respect of the transmission, to be fixed in default of agreement, by the Supreme Court, and for the purposes of this subsection, an alteration to a programme includes the addition thereto of new material not contained in the programme as broadcast, or the omission from the transmission of any material contained in the programme as broadcast; and the term “material” includes a commercial advertisement.