The Copyright Amendment Bill 2008 has been passed and finalized on May 1st 2008. As soon as the bill is ready for circulation, we shall be posting brief excerpts from the act showing how it benefits you.

However, the following is an overview of the enforcement provisions our amended act provides.

The Copyright Act provides measures for the enforcement of (Copyright and Neighboring rights) the Copyright Amendment Bill 2008 now strengthens the enforcement provisions of the existing Copyright Act of 1997.

Enforcement Provisions may be divided into four (4) categories;
(1) Civil Remedies.
(2) Criminal Sanctions.
(3) Measures to be taken at the border or ports of entry.
(4) Measures Remedies and Sanctions against abuses of technical devices.

Civil Remedies.
Civil remedies compensate the right owners for economic injury suffered because of the infringement. Usually in the form of monetary damages that creates an effective deterrent to further infringement. A judicial order can be obtained to destroy the infringing goods and the materials used to manufacture them.

If there is danger that infringing acts may be continued, the court shall have the authority to order that such acts not be committed . Failure to comply, results with payment of a fine for each day on which the infringement is continued.

Criminal Sanctions.
Criminal sanctions are intended to punish those who willfully commit acts of piracy on a commercial scale. The purpose of punishment is served by substantial fines and a prison sentence. The Copyright amendment Bill 2008 states that a person or entity guilty of an offence is liable on summary conviction to a fine of Two Hundred and Fifty Thousand Dollars (TT$250,000)and imprisonment for Ten Years (10).

Measures to be taken at the border.

These are enforcement measures carried out by customs and excise authorities rather than the police or judicial authorities. Border measures allow the right owners to request that customs authorities suspend the release of goods that are suspected to be infringing copies.

Measures, Remedies and Sanctions against abuses of technical devices.
These are intended to ensure that right holders can effectively use technology to protect their rights in the optical and digital environment.

Anti-circumvention
The 'anti-circumvention' provision, tackles the problem of 'hacking': Our Copyright Act now provides adequate legal protection and effective remedies against the circumvention of technological measures (such as encryption) used by right holders to protect their rights. The act also prohibits the manufacturing, importation, distribution, sale and rental of all hardware and software circumventing devices.

Rights management information
Our Copyright act prohibits the deliberate alteration or deletion of electronic 'Rights Management Information' that our members may apply to their recordings. (RMI) is information which accompanies any protected material , and which identifies the work, its creators, performer, or owner, and the terms and conditions for its use.

The civil and criminal procedures, remedies and sanctions applicable to copyright infringement shall apply to any violation of these technological provisions.