Selected year snapshot
For 2012, the active event in this file is Copyright (Amendment) Act, 2004 (Act No. 2 of 2004).
100%
Current rationale
The 2004 Amendment Act amended the Copyright Act 1998. Based on the description available from the blog post at bahamianlegaladvice.blogspot.com (which explicitly quotes from the 2004 Amendment Act), the fair dealing provision for research and private study was maintained and possibly clarified. The provision covers 'fair dealing with a copyrighted work, including reproduction in copies or phonorecords by public libraries or otherwise for purposes such as research, private study, scholarship, teaching.' The word 'dealing' covers any exclusive right, not only reproduction. The provision is open to any user ('by public libraries or otherwise' — meaning libraries and others). It applies to any copyrighted work without category exclusions. This maps to GREEN: reproduction and other dealings with full works, for research purposes, by any user. The non-commercial restriction and acknowledgement requirement are classification-neutral factors.
Exceptions considered
Fair dealing with a copyrighted work, including reproduction in copies or phonorecords by public libraries or otherwise for purposes such as research, private study, scholarship, teaching, parliamentary or judicial proceedings, provided sufficient acknowledgement.
Usage of copyrighted work for the purpose of criticism, comment, parody or review or for the purpose of reporting current events constitutes fair dealing.
Incidental inclusion of protected work into a publication or programme does not constitute copyright infringement.
Law changes
Copyright Act, 1998
Baseline · Effective 1998-07-01
100%
Relevant section: Section 13
Dates: Effective 1998-07-01 · Enacted 1998
Why this score
The Bahamas Copyright Act 1998 (Chapter 323 of the Laws of the Bahamas) contained a fair dealing provision for research and private study. Based on the blog summary at bahamianlegaladvice.blogspot.com (which quotes the Copyright (Amendment) Act 2004 and describes the pre-existing fair dealing framework), the 1998 Act included fair dealing for research and private study, criticism, review, and news reporting. The term 'fair dealing' covers any exclusive right (not only reproduction), and the provision was open to any user and any type of work. However, I was unable to retrieve the full verbatim statutory text of the 1998 Act as it was in force on 1990-01-01 or even 1998. The Bahamas enacted its first comprehensive copyright statute in 1998 (the Copyright Act 1998), replacing earlier provisions. Before 1998, the UK Copyright Act 1956 applied in the Bahamas by extension. The UK Copyright Act 1956 contained fair dealing provisions for research and private study (Section 6). Since I cannot verify the exact text in force on 1990-01-01, I am using the earliest verifiable post-1990 law. The fair dealing provision for research and private study, being open to any user, any work, and covering 'dealing' (which encompasses any exclusive right), maps to GREEN.
Exceptions considered
Fair dealing with a copyrighted work for purposes of research, private study, scholarship, teaching, parliamentary or judicial proceedings does not infringe copyright, provided sufficient acknowledgement is given.
Fair dealing for criticism, comment, parody, review, or reporting current events.
Incidental inclusion of protected work in a publication or programme does not constitute infringement.
Copyright (Amendment) Act, 2004 (Act No. 2 of 2004)
Relevant update · Effective 2004
100%
Relevant section: Sections amending fair dealing provisions
Dates: Effective 2004 · Enacted 2004
Why this score
The 2004 Amendment Act amended the Copyright Act 1998. Based on the description available from the blog post at bahamianlegaladvice.blogspot.com (which explicitly quotes from the 2004 Amendment Act), the fair dealing provision for research and private study was maintained and possibly clarified. The provision covers 'fair dealing with a copyrighted work, including reproduction in copies or phonorecords by public libraries or otherwise for purposes such as research, private study, scholarship, teaching.' The word 'dealing' covers any exclusive right, not only reproduction. The provision is open to any user ('by public libraries or otherwise' — meaning libraries and others). It applies to any copyrighted work without category exclusions. This maps to GREEN: reproduction and other dealings with full works, for research purposes, by any user. The non-commercial restriction and acknowledgement requirement are classification-neutral factors.
Exceptions considered
Fair dealing with a copyrighted work, including reproduction in copies or phonorecords by public libraries or otherwise for purposes such as research, private study, scholarship, teaching, parliamentary or judicial proceedings, provided sufficient acknowledgement.
Usage of copyrighted work for the purpose of criticism, comment, parody or review or for the purpose of reporting current events constitutes fair dealing.
Incidental inclusion of protected work into a publication or programme does not constitute copyright infringement.
English rendering
Based on the blog summary: 'fair dealing with a copyrighted work, including reproduction in copies or phonorecords by public libraries or otherwise for purposes such as research, private study, scholarship, teaching, parliamentary or judicial proceedings does not infringe copyright in protected work provided it contains a sufficient acknowledgement of the author of the work.' Also: 'usage of copyrighted work for the purpose of criticism, comment, parody or review or for the purpose of reporting current events constitutes fair dealing.' Also: 'Derogatory treatment in relation to a work means any distortion, mutilation or other modification of that work which would be prejudicial to its author's reputation.'
Source links
Copyright Act, 1998 (as amended by Copyright (Amendment) Act, 2004)
Current law confirmation · Effective 2025-01-01
100%
Relevant section: Fair dealing provisions (sections not precisely verified)
Dates: Effective 2025-01-01
Why this score
As of 2025, the Copyright Act 1998 as amended by the Copyright (Amendment) Act 2004 remains the governing copyright law of the Bahamas. No further amendments to the fair dealing provisions have been identified. The fair dealing provision for research and private study remains in force. Analysis of the three dimensions: (1) Uses: 'fair dealing' covers any exclusive right, including reproduction, distribution, communication, and making available — not limited to reproduction only. (2) Works: The provision applies to any 'copyrighted work' without excluding any category. (3) Users: The provision is open to any user — 'by public libraries or otherwise' indicates it is not restricted to any particular class. This maps to GREEN. No TDM-specific exception exists, but the general fair dealing provision is sufficiently broad. Classification-neutral factors (acknowledgement requirement, non-commercial purpose) were not factored into the color decision.
Exceptions considered
Fair dealing with a copyrighted work, including reproduction in copies or phonorecords by public libraries or otherwise for purposes such as research, private study, scholarship, teaching, parliamentary or judicial proceedings, provided sufficient acknowledgement.
Fair dealing for criticism, comment, parody, review, or reporting current events.
Incidental inclusion of protected work into a publication or programme does not constitute copyright infringement.
English rendering
Fair dealing with a copyrighted work, including reproduction in copies or phonorecords by public libraries or otherwise for purposes such as research, private study, scholarship, teaching, parliamentary or judicial proceedings does not infringe copyright in protected work provided it contains a sufficient acknowledgement of the author of the work. Usage of copyrighted work for the purpose of criticism, comment, parody or review or for the purpose of reporting current events constitutes fair dealing. The incidental inclusion of protected work into a publication or programme does not constitute copyright infringement.