
1 
The provisions of the 
Copyright Act 1956 specified in 
Part I of the First Schedule hereto shall extend
to the Virgin Islands subject to the modifications specified in 
Part II of that Schedule.
2 
The 
Copyright (International Conventions) Order 1957 as amended the 
Copyright (International Conventions) (Argentina) Order 1958, the 
Copyright (International Organisations)Order 1957 as amended
and the Copyright (Broadcasting
Organisations) Order 1961 (being Orders in Council made under 
Part V of the said Act) shall extend to the
Virgin Islands subject to the relevant modifications specified in the 
Second Schedule hereto.
3 
The 
Interpretation Act 1889 shall apply to the
interpretation of this Order as it applies to the interpretation of an Act
of Parliament.
4 
This Order may be cited as the Copyright
(Virgin Islands) Order 1962 and shall come into operation on 11th
October 1962.
W. G. Agnew

FIRST SCHEDULE
PART I
All the provisions of the 
Copyright Act 1956 as amended by the Dramatic and Musical Performers'
Protection Act 1958 and the 
Films Act 1960, except sections 23 to 30, sections
32, 34, 
35, 42 and 
44 and the Fourth
and Fifth Schedules.

PART II
The provisions mentioned in the first column in
the following table shall be modified in the manner specified in the second
column.

Provision Modification

Section 7 For the references to the Board of Trade there shall
be substituted references to the Administrator in Council.

Section 8 In subsections (1)
and (10), for “United
Kingdom” there shall be substituted “Virgin Islands”
;in subsection
(2), for the references to a farthing there
shall be substituted references to .3 cent in the currency of the United States
of America, and for the references to three farthings there shall be substituted
references to .9 cent of the same currency;for 
subsection (3) there shall be substituted the
following:—“
(3) If at any time the
Board of Trade by order made under this subsection in its operation in the
law of the United Kingdom prescribe for the purposes of this section either
generally or in relation to any one or more classes of records, any different
rate of, or minimum amount of, royalty the provisions of this section shall
be construed subject to the provisions of any such order as is for the time
being in force, provided that any reference in any such order to a sum of
money shall be construed as a reference to the equivalent sum in the currency
of legal tender in the Virgin Islands as provided by any law of the Virgin
Islands.”;in subsection (4),
for paragraph (a)
there shall be substituted the following:—“
(a) the minimum amount
of royalty shall be .9 cent in the currency of the United States of America
in respect of each of those works; and”;in subsection (11),
for references to the Board of Trade there shall be substituted references
to the Administrator in Council.
Section 10 For 
subsection (5) there shall be substituted the
following:—“
(5) For the purposes of
this section a design shall be taken as being applied industrially if it is
applied in the circumstances for the time being prescribed by rules made by
the Board of Trade under section thirty-six
of the Registered Designs Act 1949,
as extended by this section in the law of the United Kingdom.”.

Section 12 In subsection (6),
for “United Kingdom” there shall be substituted 
“Virgin Islands”.
Section
13 For subsection (3)
there shall be substituted the following:—“
(3) Copyright subsisting
in a cinematography film by virtue of this section shall continue to subsist
until the film is published and thereafter until the end of the period of
fifty years from the end of the calendar year which includes the date of its
first publication and shall then expire, or, if copyright subsists in the
film by virtue only of the last preceding subsection, it shall continue to
subsist as from the date of first publication until the end of the period
of fifty years from the end of the calendar year which includes that date
and shall then expire.”;in subsection (8),
for “any such film as is mentioned in 
paragraph (a) of subsection (1) of section thirty-eight
of the Films Act 1960 (which
relates to newsreels)” there shall be substituted “any
film consisting wholly or mainly of photographs which, at the time they were
taken, were means of communicating news”; 
subsection (11) shall be omitted.

Section 15 In subsection (4),
for “Board of Trade”there
shall be substituted “Administrator in Council”.


Section 17 There shall be inserted, after 
subsection (4), the following subsection:—
“
(4A) No action in respect
of an infringement of copyright shall be commenced after the expiration of
a period of more than six years from the date at which the right of action
accrued.”;subsection (6)
shall be omitted.
Section 18 In 
subsection (1), for the proviso there shall
be substituted the following:—“

Provided that
where a cause of action in respect of the conversion or detention by any person
of any such copy or plate has accrued under this subsection to the owner of
the copyright, and notwithstanding that before he recovers possession of such
copy or plate, a further conversion or detention takes place, the owner of
the copyright shall not be entitled to any rights or remedies under this subsection
in respect of anything done in relation to that copy or plate after the expiration
of six years from the accrual of the cause of action in respect of the original
conversion or detention.
”;subsection (4)
shall be omitted.
Section 21 In 
subsections (1) and (6),
for “United Kingdom” there shall be substituted 
“Virgin Islands”;in 
subsection (7), for “forty shillings”
 there shall be substituted“
5.6 
dollars in the currency of the United States
of America”;in subsections (7)
and (8) for “fifty
pounds” there shall be substituted “140 dollars
in the currency of the United States of America”;for subsection (10)
there shall be substituted the following:—“
(10) An appeal shall lie
to the Supreme Court of the Windward Islands and Leeward Islands from any
order made under the last preceding subsection by a court of summary jurisdiction.”.


Section 22 In 
subsection (1), for “the Commissioners
of Customs and Excise (in this section referred to as 
“the Commissioners”)” there shall
be substituted “the Treasurer” and for subsequent
references in the section to the Commissioners there shall be substituted
references to the said Treasurer;in 
subsections (2) and (3),
for “United Kingdom” there shall be substituted 
“Virgin Islands”;in 
subsection (4), after “regulations”
, where that word first occurs, there shall be inserted “subject
to the approval of the Administrator in Council”;for subsection (6)
there shall be substituted the following:—“
(6) Any fees paid in pursuance
of regulations made under this section shall be treated as monies collected
on account of the general revenue.”;in subsection (7),
for the references to the Customs and Excise
Act 1952 there shall be substituted references
to the Customs Ordinance 1892.


Section 31 Subsections (1)
and (2) shall be omitted;
in subsection (4),
for “United Kingdom” there shall be substituted 
“Virgin Islands” and for “in a country”
 there shall be substituted “in the United Kingdom or
in any country other than the Virgin Islands”.

Section 33 For subsection (1)
there shall be substituted the following:—“
(1) An organisation to
which this section applies is one declared to be such by an Order in Council
made under this section as part of the law of the United Kingdom which has
been extended, in relation to that organisation, to the Virgin Islands.”

Section 37 Subsection (4)
shall be omitted.
Section 39 In 
subsection (8), for “section three
of the Crown Proceedings Act 1947”
 there shall be substituted “
section five of the Crown Proceedings
Ordinance 1955”.

Section 40 Subsection (3)
shall be omitted;in subsection
(4), for “either of the two last
preceding subsections” there shall be substituted “the
last proceeding subsection” and “or the programme
to be transmitted, as the case may be” shall be omitted;in subsection (5),
the references to a work shall be omitted.

Section 41 For subsection (7)
there shall be substituted the following:—“
(7) In this section—

 “school”
means a primary or secondary school within the provisions
of the Education Ordinance 1955;
 and “duplicating process”
 means any process involving the use
of an appliance for producing multiple copies.”.
Section 43 In 
subsections (2), (4)
and (6), for “United
Kingdom” there shall be substituted “Virgin Islands”
.
Section 46 
Subsection (1) shall be omitted; in 
subsection (2), “(including any
enactment of the Parliament of Northern Ireland)” shall be omitted.


Section 47 The whole section except 
subsection (4) shall be omitted; in 
subsection (4), “or rules”
 shall be omitted.
Section 48 In 
subsection (1), there shall be added the following
definitions:—“

 “Administrator”
 means the person for the time being
holding the office of Administrator of the Virgin Islands and includes any
person for the time being performing the functions of that office and, to
the extent to which a deputy appointed under 
article five of the Virgin Islands
Letters Patent 1959 is authorised to perform
these functions, that deputy;
 “Administrator in Council”
 means, save as otherwise provided by
Letters Patent under the Great Seal of the United Kingdom or by Instructions
under the Royal Sign Manual and Signet, the Administrator acting with the
advice of the Executive Council of the Virgin Islands, and to such extent
as may be provided by any such Letters Patent or Instructions, in accordance
with that advice, but not necessarily in such Council assembled;
 “Treasurer”
means the Treasurer of the Virgin Islands.
”;in subsection (4),
for “United Kingdom” there shall be substituted 
“Virgin Islands”.
Section
49 In subsection (2),
for “United Kingdom” there shall be substituted 
“Virgin Islands”.
Section
51 For subsection (2)
there shall be substituted the following:—“
(2) (a) Any provision of
this Act empowering the Administrator in Council or the Treasurer to make
regulations shall come into operation on the commencement of the Order in
Council extending that provision to the Virgin Islands.
(b) All the other provisions of this Act
shall come into operation on 11th February 1963.”;subsection (3)
shall be omitted.
First Schedule In 
paragraph 2, for “
section seven of the Act of 1949”
there shall be substituted “section
two of the United Kingdom Designs (Protection)
Act 1930 of the Leeward Islands Legislature”
.
Seventh Schedule 
Paragraphs 25, 26, 
40 and 41
shall be omitted;in paragraph
46, for “United Kingdom”
 there shall be substituted “Virgin Islands”.


Ninth Schedule For the table therein set out there shall be substituted
the following:—
 ENACTMENTS REPEALED
 Session and Chapter Short Title Extent of Repeal

1 & 2 Geo. 5. c. 46. The Copyright Act 1911.
 The whole
Act.
18 & 19 Geo. 5. c. iii.
 The 
Copyright Order Confirmation (Mechanical Instruments: Royalties) Act 1928
. The whole Act.

SECOND SCHEDULE
1 
Modification to all the Orders in Council:—

Any reference in any of the Orders to its commencement shall be
deemed to be a reference to 11th February 1963.
2 
Modifications to the 
Copyright (International Conventions) Order 1957:—

(1) In Article
1, for “United Kingdom”
 there shall be substituted “Virgin Islands”.

(2) In Article
2, for the reference to the making of the Order
there shall be substituted a reference to its extension to the Virgin Islands.

(3) In Article
3, for “United Kingdom”
 there shall be substituted “Virgin Islands”.

(4) In the 
Fourth Schedule, paragraph 5 shall be omitted.

3 
Modification to the 
Copyright (International Conventions) (Argentina) Order 1958:—

In the Schedule, paragraphs 1
and 2 shall be omitted.
