Back to atlas

country page

Jamaica

The Copyright Act, 1993 (as amended by the Copyright (Amendment) Act, 1999 and the Copyright (Amendment) Act, 2015).

Copyright exception history

0%20%40%60%80%100%199019952000200520102015202020251993: 100%1994: 100%1995: 100%1996: 100%1997: 100%1998: 100%1999: 100%2000: 100%2001: 100%2002: 100%2003: 100%2004: 100%2005: 100%2006: 100%2007: 100%2008: 100%2009: 100%2010: 100%2011: 100%2012: 100%2013: 100%2014: 100%2015: 100%2016: 100%2017: 100%2018: 100%2019: 100%2020: 100%2021: 100%2022: 100%2023: 100%2024: 100%2025: 100%YearOpenness score (%)

Selected year snapshot

For 2000, the active event in this file is The Copyright Act, 1993 (Act No. 4 of 1993).

100%

Current rationale

Section 53(1) provides a general fair dealing exception for research or private study covering literary, dramatic, musical or artistic works and typographical arrangements. The term 'fair dealing' covers any act restricted by copyright (not only reproduction), and the exception is open to any user (not restricted to institutions or individuals acting privately โ€” 'research or private study' are independent purposes). This is a classic fair dealing for research provision modeled on the UK CDPA 1988. Additionally, sections 54-55 provide fair dealing for criticism/review and reporting current events; sections 56-57 provide library copying provisions; sections 58-68 cover educational use, etc. The most permissive exception for research is Section 53, which covers dealing with works for research purposes by any user, covering any exclusive right. This maps to GREEN. Non-commercial restriction: the 1993 Act's Section 53 does not contain a non-commercial qualifier. Copy limits and other neutral factors were not considered in the color assignment.

Exceptions considered

Section 53100%Fair DealingMost permissive

Fair dealing with a literary, dramatic, musical or artistic work, or typographical arrangement, for the purposes of research or private study.

Section 54100%Fair Dealing

Fair dealing for the purposes of criticism or review.

Section 55100%Fair Dealing

Fair dealing for the purpose of reporting current events.

Sections 56-5740%Library Institutional

Copying by librarians: supply of copies of articles in periodicals (s.56) and supply of copies of parts of published works (s.57) for research or private study.

Sections 58-6840%Educational

Various educational exceptions including things done for purposes of instruction, examination, anthologies for educational use, etc.

Law changes

Copyright Act, 1911 (United Kingdom), as applied in Jamaica

Baseline ยท Effective 1990-01-01

?

Dates: Effective 1990-01-01

Why this score

On 1990-01-01, Jamaica was governed by the UK Copyright Act 1911 as applied in Jamaica (supplemented by Jamaica's local Copyright Act 1913 which dealt mainly with offences/sanctions). The 1911 UK Act contained a 'fair dealing' provision for private study and research in Section 2(1)(i). However, I was unable to retrieve and verify the actual statutory text of the 1911 Act as applied in Jamaica on that date via web search. The Jamaica Copyright Act 1977 was passed but never brought into force. The current Copyright Act No. 4 of 1993 did not come into force until September 1, 1993. Therefore the 1911 UK Act remained the operative copyright law in Jamaica on 1990-01-01. Because I cannot verify the verbatim text, I classify this as AMBIGUOUS.

Exceptions considered

Section 2(1)(i) of UK Copyright Act 1911100%Fair DealingMost permissive

Fair dealing with any work for the purposes of private study, research, criticism, review, or newspaper summary. This was the general fair dealing provision of the 1911 Act.

The Copyright Act, 1993 (Act No. 4 of 1993)

Relevant update ยท Effective 1993-09-01

100%

Relevant section: Sections 53, 54, 55, 56, 57, 58, 59, 60, 61, 62, 63, 64, 65, 66, 67, 68, 69, 70, 71, 72, 73, 74, 75, 76, 77, 78, 79, 80

Dates: Effective 1993-09-01 ยท Enacted 1993-01-01

Why this score

Section 53(1) provides a general fair dealing exception for research or private study covering literary, dramatic, musical or artistic works and typographical arrangements. The term 'fair dealing' covers any act restricted by copyright (not only reproduction), and the exception is open to any user (not restricted to institutions or individuals acting privately โ€” 'research or private study' are independent purposes). This is a classic fair dealing for research provision modeled on the UK CDPA 1988. Additionally, sections 54-55 provide fair dealing for criticism/review and reporting current events; sections 56-57 provide library copying provisions; sections 58-68 cover educational use, etc. The most permissive exception for research is Section 53, which covers dealing with works for research purposes by any user, covering any exclusive right. This maps to GREEN. Non-commercial restriction: the 1993 Act's Section 53 does not contain a non-commercial qualifier. Copy limits and other neutral factors were not considered in the color assignment.

Exceptions considered

Section 53100%Fair DealingMost permissive

Fair dealing with a literary, dramatic, musical or artistic work, or typographical arrangement, for the purposes of research or private study.

Section 54100%Fair Dealing

Fair dealing for the purposes of criticism or review.

Section 55100%Fair Dealing

Fair dealing for the purpose of reporting current events.

Sections 56-5740%Library Institutional

Copying by librarians: supply of copies of articles in periodicals (s.56) and supply of copies of parts of published works (s.57) for research or private study.

Sections 58-6840%Educational

Various educational exceptions including things done for purposes of instruction, examination, anthologies for educational use, etc.

Original text

Source links

The Copyright (Amendment) Act, 2015

Relevant update ยท Effective 2015-07-30

100%

Relevant section: Section 53 (as amended), Section 53A (new), Sections 56-57 (as amended), new provisions on ISPs, TPMs, etc.

Dates: Effective 2015-07-30 ยท Enacted 2015-01-01

Why this score

The 2015 Amendment Act made sweeping changes to the Copyright Act including new/expanded rights, ISP liability/exemptions, TPM circumvention offences, exceptions for visually/hearing impaired, orphan works provisions, and extension of copyright duration. However, the core fair dealing exception in Section 53 for research or private study was retained. According to secondary sources (Foga Daley, Mondaq), the 2015 amendments added a non-commercial qualifier to the research fair dealing provision (consistent with WIPO Internet Treaties obligations), but the fair dealing for research or private study exception remained in force. Even with a non-commercial qualifier, per the classification rules, non-commercial restrictions are classification-neutral and do not change the color. The exception still covers 'dealing' (any exclusive right) with works for research, open to any user. The most permissive exception remains the fair dealing for research/private study, which maps to GREEN. I was unable to retrieve the full verbatim amended text of Section 53 as amended by the 2015 Act via web search, so the excerpt fields are left empty.

Exceptions considered

Section 53 (as amended 2015)100%Fair DealingMost permissive

Fair dealing with a literary, dramatic, musical or artistic work for the purposes of research or private study (amended to add non-commercial qualifier per secondary sources).

Section 53A (new 2015)40%Other

New exception for persons with visual or hearing impairment.

Sections 56-57 (as amended)40%Library Institutional

Library copying provisions for research or private study, retained and possibly amended.

Sections 54-55100%Fair Dealing

Fair dealing for criticism/review and reporting current events (retained).

Source links

The Copyright Act, 1993 (as amended by the Copyright (Amendment) Act, 1999 and the Copyright (Amendment) Act, 2015)

Current law confirmation ยท Effective 2015-07-30

100%

Relevant section: Section 53 (as amended 2015)

Dates: Effective 2015-07-30

Why this score

As of 2025, Jamaica's copyright law is the Copyright Act of 1993 as amended in 1999 and 2015. The most permissive research-relevant exception is the fair dealing provision in Section 53 for research or private study. This covers 'dealing' (any exclusive right, not only reproduction) with literary, dramatic, musical or artistic works and typographical arrangements, and is open to any user. The 2015 amendment reportedly added a non-commercial qualifier, but per classification rules this is a classification-neutral factor. No TDM-specific exception has been identified. The library exceptions (Sections 56-57) and educational exceptions remain in force but are less permissive. The overall classification is GREEN because the fair dealing for research exception permits dealing with full works for research by any user. There is no evidence of any further amendment between 2015 and 2025 affecting the research exceptions.

Exceptions considered

Section 53 (as amended 2015)100%Fair DealingMost permissive

Fair dealing with a literary, dramatic, musical or artistic work, or typographical arrangement, for the purposes of research or private study. Reportedly amended in 2015 to add non-commercial qualifier.

Sections 54-55100%Fair Dealing

Fair dealing for criticism/review and reporting current events.

Sections 56-5740%Library Institutional

Library copying for research or private study.

Sections 58-6840%Educational

Educational exceptions.

Section 53A (added 2015)40%Other

Exception for visually and hearing impaired persons.

Source links