Copyrights Law in Jersey (Crown Dependency)
Jersey, a British Crown Dependency, has established its own copyright framework through the Intellectual Property (Unregistered Rights) (Jersey) Law 2011, which modernized and replaced the outdated Copyright Act 1911. This reform aligned Jersey's copyright laws with international standards, including the Berne Convention for the Protection of Literary and Artistic Works, to which Jersey became a member on 31 January 2014. (WIPO, Wikimedia Commons)
📘 Key Features of Jersey's Copyright Law
1. Automatic Protection
Copyright protection in Jersey arises automatically upon the creation of an original work fixed in a tangible medium. There is no requirement for formal registration, although registering works can provide evidence of ownership and may be beneficial in legal disputes.
2. Protected Works
The law protects a wide range of works, including:
Literary works (e.g., books, articles, computer programs)
Dramatic and dramatico-musical works
Musical compositions
Choreographic works and pantomimes
Audiovisual works
Works of fine art (e.g., paintings, sculptures, engravings)
Photographic works
Works of applied art
Illustrations, maps, plans, sketches, and three-dimensional works
Expressions of folklore and works inspired by folklore
These works are protected as long as they are original intellectual creations in the literary, artistic, and scientific fields.
3. Duration of Protection
The duration of copyright protection varies depending on the type of work:
Literary, dramatic, musical, and artistic works: Life of the author plus 70 years.
Anonymous or pseudonymous works: 70 years from the date of publication.
Cinematographic works: 70 years from the date of publication.
Photographic works and works of applied art: 40 years from the end of the year of the author's death.
Joint works: 70 years from the end of the calendar year in which the last surviving author dies.
Sound recordings and films: 50 years from the end of the calendar year in which the recording or film was made, published, or communicated to the public, whichever is later.
Government works: 50 years from the end of the calendar year in which the work was made.
4. Moral Rights
Authors in Jersey enjoy moral rights, which include:
The right to attribution (the right to be identified as the author of a work).
The right to object to derogatory treatment of the work that may prejudice the author's honour or reputation.
5. Economic Rights
Economic rights allow authors to control the use of their works and include:
The right to reproduction.
The right to distribution.
The right to public performance.
The right to adaptation.
These rights can be transferred or licensed to others.
6. Protection of Folklore
Expressions of folklore are considered part of the national heritage. Any public performance or fixation of folklore for commercial purposes requires prior authorization from the Jersey Intellectual Property Office (JIPO), which may involve payment of a fee.
7. Public Domain and Payment
Once the term of protection expires, works fall into the public domain. Exploitation of works in the public domain is subject to respect for moral rights, prior declaration, and payment of a fee to the JIPO. The proceeds are used for cultural and social purposes benefiting authors.
🌐 International Treaties
Jersey is a party to several international treaties that facilitate the protection of copyrighted works across borders:
Berne Convention for the Protection of Literary and Artistic Works: Provides automatic copyright protection in all member countries.
World Trade Organization (WTO): Establishes minimum standards for the regulation of different forms of intellectual property.
WIPO Copyright Treaty (WCT): Addresses copyright issues in the digital environment.
WIPO Performances and Phonograms Treaty (WPPT): Deals with the rights of performers and producers of phonograms in the digital environment.
Marrakesh Treaty to Facilitate Access to Published Works for Persons Who Are Blind, Visually Impaired, or Otherwise Print Disabled: Makes the production and international transfer of specially adapted books for people with blindness or visual impairments easier.
🛡️ Enforcement and Protection
While Jersey does not have a formal copyright registry, copyright holders can enforce their rights through civil litigation in the Royal Court of Jersey. The Jersey Intellectual Property Office (JIPO) provides guidance and support for IP matters, including copyright.
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