Guide to Doing Business
in St. Eustatius
Copyright is the exclusive right of the maker of a work of literature, science or art, to publish and reproduce such work. Copyrighted works include: books, brochures, newspapers, magazines and other pieces of writing; theatre plays and musical drama; oral presentations; choreographical works and pantomimes laid down in writing or registered otherwise; musical works, with or without lyrics; drawings, paintings, buildings, sculptures, lithography, engravings and other illustrated works; geographical maps; designs, sketches and models with regard to architecture, geography, topography or other sciences; works of art applied to industry; and in general any product in the field of literature, science or art, in whatever manner or form it may be reproduced.
No formalities are required to obtain protection of a copyright in the BES islands. Copyrights are acquired through the mere creation or publication of the concerned work. However, for purposes of evidence, the copyright owner can file the work with the BOIP in an “i-DEPOT”, which registration is valid for a period of five or ten years, after which the registration can be renewed for another five years. Protection of copyrights lasts for fifty years following the death of the author or the date of first publication if the author is not a natural person.
With respect to the enforcement of copyrights, the following remedies are available, if brought before the Court:
- Injunctive relief;
- Damages; and
- Seizure and/or destruction of the infringing goods.
Furthermore, copyright infringement is also a criminal offense. The following criminal sanctions are available if an action is brought before the Court by the prosecutor:
- Seizure of the infringing goods and their destruction;
- Imprisonment of up to two years; and
- A fine of up to 2,800 USD.