The Copyright (Cayman Islands) Order, 2015 and the Copyright (Cayman Islands) (Amendment) Order, 2016 (the "Orders") will come into force on 30 June 2016. They extend certain provisions of the UK Copyright, Designs and Patents Act 1988 to the Cayman Islands.
The new copyright regime provides modern IP protection for:
- original literary work, dramatic, musical or artistic work;
- computer software and databases;
- sound recordings, films or broadcasts; and
- the typographical arrangement of published editions.
These Orders provide clarity with respect to copyright protection in the Cayman Islands, including with respect to:
- subsistence, ownership and duration of copyright;
- rights of copyright owners, including authorship and duration of copyright;
- permissible acts such as private use, research, news reporting, lawful use of computer programs, etc.;
- copyright licensing and assignment;
- moral rights (the right to be identified as the author of a work and related rights); and
- remedies for infringement and enforcement.
The new copyright regime now supplements other forms of IP protection for Cayman Islands companies, especially in relation to publications (including offering documents/private placement memoranda), marketing materials, product warnings and instructions, websites, logos, etc.
Enhanced criminal sanctions for copyright infringement will also assist brand owners seeking to prevent trade in counterfeit goods.