Copyright (Customs) Regulations 1964

Form of notice

1 The notice required by section 22(1) of the Act of the Parliament of the United Kingdom entitled the Copyright Act 1956, shall be in the form No. 1 or form No. 2 set out in the Schedule. A separate notice on form No. 1 shall be given in respect of each work. A separate notice on form No. 2 shall be given in respect of each importation, whether of one or more works.

Fees

2 A fee of forty-eight dollars in respect of each notice shall be paid to the Accountant-General at the time such notice is given.

Notice of change of ownership

3 The owner of the copyright in any published literary, dramatic or musical work for which notice has been given shall notify the Collector of Customs in writing of any change in ownership or other change affecting die notice, within twenty-eight days of such change and further notice shall be given as the Collector of Customs may require. On a change of ownership of copyright, whether notified to the Collector of Customs or not, any notice already given shall be deemed to have been withdrawn as from the expiry of twenty-eight days from the change of ownership.

Furnishing information to Collector of Customs

4 The owner of the copyright in any work, and any agent of his, who gives a notice shall either at the time of giving the notice or at the time when the work is imported, or at both such times, furnish to the Collector of Customs such evidence and information within such time and in such form as he may require, and shall produce within such time as he may specify such books or other documents as he may require. If such evidence and information is not furnished and if such books or other documents are not produced as required by the Collector of Customs the notice shall be deemed to have been withdrawn as from such time as the Collector of Customs shall specify.

Security

5 The owner of the copyright in any work, and any agent of his, who gives notice, shall give to the Collector of Customs security or further security, within such time and in such manner, whether by bond, deposit of a sum of money or otherwise, as the Collector of Customs may require, against all actions, proceedings, claims, and demands whatsoever which may be taken or made against, or costs and expenses which may be incurred by them, in consequence of the detention of any copy to which the notice relates. Such security or further security shall be given at the time the notice is given or at such other time as the Collector of Customs may require. If such security or further security is not given within the time or in the manner required by the Collector of Customs, the notice shall be deemed to have been withdrawn as from the expiry of the time so required.

Indemnity

6 Where —

(a) the Collector of Customs has not required the security or further security referred to in regulation 5 to be given; or

(b) the Collector of Customs has taken security and that security is insufficient; or

the owner of the copyright in any work, and any agent of his, who has given a notice shall jointly and severally keep the Collector of Customs indemnified against all actions, proceedings, claims and demands whatsoever which may be taken or made against him, and shall repay to the Collector of Customs all costs and expenses which may be incurred by them in consequence of the detention of, or anything done in relation to, any copy of a work to which the notice relates. Any such costs, expenses, damages or other sums may be recovered as a debt due to the Crown.

SCHEDULE

Form No. 1

Notice relating to copyright in any published literary, dramatic or musical work.

To the Collector of Customs,

I [blank] of [blank] hereby give you notice that copyright in the original work specified in the Schedule hereto now subsists under the Copyright Act 1956, and that

(1) [blank] the owner of the copyright in the said work and that (2) [blank] request(s) that copies of the said work printed out of Bermuda shall be treated as prohibited goods, and shall not be imported into Bermuda for a period up to and including (3) [blank]

Date this [blank] day of [blank] 19 [blank]

[blank]
Signature

(4) [blank]

(1) If notice is given by the owner insert "I am", or if a company, the name of the company and the word "is"; if given by an agent insert name of owner and the word "is".

(2) "I", or "he", or if a company the name of the company.

(3) The period shall not exceed five years and shall not extend beyond the Period for which the copyright is to subsist.

(4) If an agent insert "Agent of owner", or if a company insert the name of the company and status in the company of the signatory.

SCHEDULE

Title of work [blank]

Description of work, if not a book [blank]

Full name of author or authors (5) [blank]

Whether author or authors alive. If not, date of death (6) [blank]

Country and date of first publication (7) [blank]

Status of author at date of first publication (8) [blank]

(5) If the author is anonymous or pseudonymous, insert words to this effect and state for what period the copyright exists.

(6) Delete if author anonymous or pseudonymous.

(7) If copyright is claimed by virtue of section 2 (2) (a) of the Copyright Act 1956, it is enough to state the country and date of first publication (see section 49 (2) (d) of the Act for the meaning of "first publication" for this purpose).

(8) If copyright is claimed by virtue of section 2 (2) (b) or 2 (2) (c) of the Copyright Act 1956, state the grounds on which it is claimed that the author was a qualified person either (a) when the work was first published or (b) if he died before the date of first Publication, immediately before he died ("Qualified Person" is defined in section 1 (5) of the Act.)

DECLARATION

I, [blank] of [blank] do solemnly and sincerely declare that the contents of this notice are true, and I make this solemn declaration conscientiously believing the same to be true.

Declared by the above-named [blank] at [blank] this [blank] day of [blank] 19 before me

[blank]
A Commissioner for Oaths.

Form No. 2

Notice relating to a particular importation.

To the Collector of Customs,

I, [blank] of [blank] hereby give you notice that copyright in the original work (s) specified in the Schedule hereto now subsists under the Copyright Act 1956, and that (1) [blank] the owner(s) of the copyright in the said work (s), and that the undermentioned copies of the said work (s) made out of Bermuda, that is to say (2) [blank] are about to be imported into the port/airport (3) of (4) [blank] on or about the [blank] day of [blank] next in the (5) [blank] from [blank] And I request that the said copies be treated as prohibited goods and dealt with accordingly,

Dated this [blank] day of [blank] 19 [blank]

Signature (6) [blank]

(1) If notice is given by the owner insert "I am"; if given by a company insert name of the company and the word "is"; if given by an agent insert name of owner and the word "is" [blank]

(2) Describe the copies, number of packages, marks used, and any other particulars necessary for their identification.

(3) Delete that which is inapplicable.

(4) Insert name of port or airport.

(5) Insert name or indication of ship or aircraft.

(6) If an agent insert "Agent of Owner(s)". If a company insert the name of the company and status in the company of the signatory.

SCHEDULE

Title of work(s) [blank]

Description of work(s),if not a book [blank]

Full name of author or authors (7) [blank]

Whether author or authors alive. If not, date of death (8) [blank]

[blank] Country and date of first publication of work(s) (9) [blank] Status of author or author at date of first Publication (10) [blank]

(7) If the author (s) is/are anonymous or pseudonymous, insert words to this effect and state for what period the copyright exists.

(8) Delete if author (s) anonymous or pseudonymous.

(9) If copyright is claimed by virtue of section 2 (2) (a) of the Copyright Act 1956, it is enough to state the country and date of first publication (see section 49 (2) (d) of the Act for the meaning of ',first Publication" for this purpose).

(10) If copyright is claimed by virtue of section 2 (2) (b) or 2 (2) (c) of the Copyright Act 1956 state the grounds on which it is claimed that author was a qualified person either (a) when the work was published or (b) if he died before the date of first publication immediately before" he died. ("Qualified Person" is defined in section 1 (5) of the Act.)

DECLARATION

I, [blank] of [blank] do solemnly and sincerely declare that the contents of this notice are true, and I make this solemn declaration conscientiously believing the same to be true. Declared by the above-named [blank] at [blank] this [blank] day of [blank] 19 [blank] before me

[blank]
A Commissioner for Oath.

[Amended by
1971 : 82.]

Bermuda Consolidated Legislation

Copyright (Customs) Regulations 1964