Copyright law in Bermuda is governed primarily by the Copyright and Designs Act 2004 (the 2004 Bermuda Act) as well as parts of the Copyright Designs and Patents Act 1988 (the 1988 UK Act), which was extended to Bermuda by an Order of the United Kingdom Parliament.

Although passed in 2004, Bermuda's new copyright legislation only came into force on 8 February 2008. The new statute is a restatement of the previous law but also includes new provisions that broaden the scope of the law of copyright. These new provisions further protect those that write, draw, paint or otherwise create works that need to be protected from third parties that would try to benefit from copies of such works. The 2004 Bermuda Act is almost word for word identical to the 1988 UK Act.

Also on 8 February 2008, the Copyright (Bermuda) Order 2003, which was passed in 2003 in the United Kingdom, was brought into force. This is simply in place to facilitate the transition from the UK legislation being used in Bermuda to having only a Bermuda specific Act.

So, while Bermuda has benefitted from the extension of the UK law in this area, clearly there have been delays between the UK passing new legislation and having the same extended to Bermuda. The good news, though, is that Bermuda's law is a global standard piece of legislation as it benefits from the United Kingdom's assessment and knowledge of worldwide trends in the area of copyright matters.

So, how is the new legislation superior to the law that we had in Bermuda before the update came into force? The answer is breadth.

Our legislation not only reflects the consolidation of prior pieces of legislation but it has also been broadened. The role of copyright has had to expand to take into consideration different types of works that were not considered back in the 1950s. Electronic media, including those works found on the Internet, e-mail messages, and web pages, are all afforded the same copyright protection as are the more traditional 'works' such as novels, paintings and photographs – and the 2004 Bermuda Act recognises this.

Other provisions include rights associated with performances and performers, which have been updated and incorporated, whereas before in the United Kingdom, these rights were set out in separate pieces of legislation. The 2004 Bermuda Act also provides for harsher penalties for copyright infringement. Violators, especially those making money from the sale of illegal copies, face criminal liability – and on conviction on indictment for some offences may face imprisonment for a term of up to 10 years and/or a fine of up to $250,000.

Now that Bermuda is in line with global standards, we must ensure that it remains abreast of worldwide trends. And, of course, we must ensure that the laws are enforced as well. As Pascal said, 'Law, without force, is impotent'.

Attorney Adrian Beasley is a member of the Corporate and Commercial Practice Group at Appleby. A copy of Mr. Beasley's column can be obtained on the Appleby website at www.applebyglobal.com. This column should not be used as a substitute for professional legal advice. Before proceeding with any matters discussed here, persons are advised to consult with a lawyer.