BACK

ARRANGEMENT OF SECTIONS

SECTION

Part I-PRELIMINARY

Division I-Description of Copyright

Division 2-Qualification for Copyright

Division 3-Ownership of Copyright

Division 4-Duration of Copyright

Part III - INFRINGEMENT OF COPYRIGHT

Division 1-Primary Infringement of Copyright.

Division 2-Secondary Infringement of Copyright

Division I-General

Division 2-Education

Division 3-Libraries and Archives

Division 4-Public Administration

Division 5-Literary, Dramatic, Musical, and Artistic Works

Division 6-Computer Programs, Sound Recordings
and Audio Visual Works

Division 7-Broadcasts and Cable Programs

Division 8-Adaptations

Division 9-Subsequent Dealings

Division 1-Right to be Identified as Author or Director

Division 2-Right to Object to Derogatory Treatment of Work

Division 3-False Attribution

Division 4-Right to Privacy of Certain Photographs
and Audio Visual Works

Division 5-Supplementary Provisions

Division 1 -Licences to Deal with Copyrights Works

Division 2-Transmission of Copyright

Division 3-Moral Rights

Division 1-Rights and Remedies of Copyright Owner

Division 2-Rights and Remedies of Exclusive Licensee.

Division 3-Rights and Remedies in Relation to moral rights

Division 4-Presumptions

Division 5-Offences

Division 6-Disposal Infringing Copy or Other Object

Part VIII - BORDER PROTECTION MEASURES

Division 1-Works of more than one author

Division 2-References and Applications with respect to
Licensing Schemes

Division 3-References and Applications with respect to Licensing
by Licensing Bodies

Division 4-Factors to be taken into Account in
Certain Classes of Cases

Division 5-Reprographic Copying by Educational Establishments

Division 6-Implied Indemnity in Schemes or Licences
For Reprographic Copying

Division 1-General

Division 2-Performers' Rights

Division 3-Acts Permitted in relation to Performances

Division 4-Duration and Transmission of Rights

Division 5-Consent

Division 6-Remedies for Infringement

Division 7-Offences

Division 8-Extraterritorial Application

Division I-Constitution

Division 2-Jurisdiction and Procedure

Division 1-Other Laws

Division 2-Devices Designed to Circumvent Copy-Protection

Division 3-Places outside the Fiji Islands

Division 4-Regulations

Division 5-Jurisdiction

Division 6-Repeals

Schedule-Enactments repealed

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 ACT NO. 11 OF 1999

I assent

K. K. T. MARA
President
[19 March 1999]

AN ACT

TO CONSOLIDATE AND AMEND THE LAW RELATING TO COPYRIGHT AND FOR RELATED MATTERS

ENACTED by the Parliament of the Fiji Islands-

Part I-PRELIMINARY

1.-(1) This Act may be cited as the Copyright Act 1999.

(2) This Act commences on a date or dates appointed by the Minister by notice in the Gazette.

(3) The Minister may appoint different dates for the commencement of different provisions.

2.-(1) In this Act, unless the context otherwise requires-

"adaptation" -

(a) in relation to a literary or dramatic work, includes-

(i) a translation of the work from one language to another;

(ii) a version of a dramatic work in which it is converted into a literary work or, as the case may be, of a literary work in which it is converted into a dramatic work;

(iii) wholly or mainly by means of pictures in a form suitable for reproduction in a book, or in a newspaper, magazine or similar periodical;

(b) in relation to a musical work, means an arrangement or transcription of the work;

(c) in relation to a literary work that is a computer program, includes a version of the program in which it is converted into or out of a computer language or code or into a different computer language or code, otherwise than incidentally in the course of running a program;

"article", in relation to an article in a periodical, includes an item of any description;

"artistic work" means-

(a) a graphic work, photograph, sculpture, collage or model, irrespective of artistic quality;

(b) a work of architecture, being a building or a model for a building;

(c) a work of artistic craftsmanship, not falling within paragraph (a) or paragraph (b) of this definition;

"audio visual work" is a work that consists of a series of related images which impart the impression of motion, with or without accompanying sounds, susceptible of being made visible, and where accompanied by sounds, susceptible of being made audible;

"author" has the meaning given to it by section 5;

"authorised", with respect to anything done in relation to a work, means done-

(a) by or with the licence of the copyright owner; or

(b) pursuant to section 57 or 58;

"broadcast" means a transmission of a programme, whether or not encrypted, by wireless communication, where the transmission is-

(a) capable of being lawfully received, in the Fiji Islands or elsewhere, by members of the public; or

(b) for presentation to members of the public in the Fiji Islands or elsewhere;

and "broadcasting" has a corresponding meaning;

"building" includes-

(a) any fixed structure; and

(b) a part of a building or fixed structure;

"business" includes a trade or profession;

"cable programme" and associated terms have the meaning given to them by section 4;

"collective licence", in relation to a copy, means a copyright licence offered by a collective body, under which the copy can be made;

"collective work" means-

(a) a work of joint authorship; or

(b) a work in which there are distinct contributions by different authors or in which works, or parts of works, of different authors are incorporated;

"commercial publication" has the meaning given to it by section 11;

"communication to the public" means the transmission by wire or without wire of the images or sounds, or both, of a work, a performance or a sound recording in such a way that the images or sounds can be perceived by persons outside the normal circle of a family and its closest social acquaintances at a place or places so distant from the place where the transmission originates that, without the transmission, the images or sounds would not be perceivable, irrespective of whether the persons can receive the images or sounds at the same place and time;

and "communicated to the public" has a corresponding meaning;

"compilation" includes-

(a) a compilation consisting wholly of works or parts of works;

(b) a compilation consisting partly of works or parts of works;

(c) multi-media productions; and

(d) a compilation of data other than works or parts of works;

"computer-generated", in relation to a work, means that the work is generated by computer in circumstances such that there is no human author of the work;

"Convention country" means a country that is party to a Convention or other international agreement relating to performers' rights to which the State is also a party;

"copying" has the meaning given to it by section 30(2);

and "copy" and "copies" have corresponding meanings;

"copyright licence" means a licence to do, or authorise the doing of, any restricted act;

"copyright owner" has the meaning given to it by section 8;

"copyright work" means a work of any of the descriptions in section 14(1) in which copyright exists;

"country" includes every territory for whose international relations the government of that country is responsible;

"director", in relation to a copyright work that is an audio visual work, includes any person nominated by the director of the audio visual work to exercise the director's rights under Part IV if-

(a) the nomination is in writing and signed by the director;

(b) the nomination is made before the completion of the making of the audio visual work; and

(c) the person nominated makes a creative contribution to the making of the audio visual work;

"dramatic work" includes-

(a) a work of dance or mime; and

(b) a scenario or script for an audio visual work;

"educational establishment" means-

(a) a tertiary institution;

(b) a private training institution; or

(c) a government training institute;

"electronic" means actuated by electric, magnetic, electro-magnetic, electro-chemical or electro-mechanical energy; and "in electronic form" means in a form usable only by electronic means;

"employed" means employed under a contract of service or a contract of apprenticeship; and "employee", "employer" and "employment" have corresponding meanings;

"exclusive licence" means a licence in writing, signed by or on behalf of a copyright owner, authorising the licensee, to the exclusion of all other persons (including the copyright owner) to exercise a right that would otherwise be exercisable exclusively by the copyright owner;

"facsimile copy" includes a copy that is reduced or enlarged in scale;

"future copyright" means copyright that will or may come into existence in respect of a future work or a class of future work or on the occurrence of a future event;

"graphic work" includes-

(a) any painting, drawing, diagram, map, chart, or plan; and

(b) any engraving, etching, lithograph, woodcut, print, or similar work;

"infringing copy" has the meaning given to it by section 12;

"instruction" means giving or receiving a lesson, either in person or by correspondence, to a student or a group of students at an educational establishment or elsewhere;

"Intermediate school" means a school in which full time instruction is given to the pupils in the sixth, seventh or eighth years of formal education;

"international organisation" means an organisation the members of which include one or more states;

"issue to the public" has the meaning given to it by section 9;

"judicial proceedings" includes proceedings before any court, tribunal or person having authority to decide any matter affecting a person's legal rights or liabilities;

"kindergarten" means a school in which instruction is given to children between the ages of 3 and 6 in games, stories, simple handwork and other activities aimed at inculcating good physical and social habits;

"lawful user", in relation to a computer program, means a person who has a right to use the program, whether under a licence to do any restricted act or otherwise;

"legal practitioner" means a person admitted as a legal practitioner under the Legal Practitioners Act 1996;

"licensing body" means a body of persons (whether corporate or unincorporate) that, as copyright owner or prospective copyright owner or as agent for a copyright owner, negotiates and grants copyright licences including licences that cover the works of more than one author;

"licensing scheme" means a scheme setting out-

(a) the classes of cases in which the operator of the scheme, or the person on whose behalf the operator acts, is willing to grant a copyright licence; and

(b) the terms on which a copyright licence would be granted in those classes of cases;

and for the purpose of this definition "scheme" includes anything in the nature of a scheme whether described as a scheme or as a tariff or by any other name;

"literary work" means any work, other than a dramatic or musical work, that is written, spoken, or sung, and includes-

(a) a table or compilation; and

(b) a computer program;

"Minister" means the Minister responsible for the administration of this Act and includes the Attorney General if he or she is so responsible;

"ministerial inquiry" includes the proceedings of a committee set up by the Government or a Minister to inquire into or advise on any matter;

"musical work" means a work consisting of music, exclusive of any words intended to be sung or spoken with the music or any actions intended to be performed with the music;

"national archives" has the same meaning as it has in the Public Records Act (Cap 108);

"photograph" means a recording of light or other radiation on any medium on which an image is produced or from which an image may by any means be produced, but does not include an audio visual work or part of an audio visual work;

"plate" includes any stereotype, stone, block, mould, matrix, transfer, negative, or other similar appliance;

"prescribed" means prescribed by regulations made under this Act;

"premises" includes land, buildings, moveable structures, vehicles, vessels, aircraft and hovercraft;

"primary school" means a school in which full time instruction is given from first year to the eighth year of formal education or for any shorter period;

"proceedings" includes a counterclaim; and references to the plaintiff and to the defendant in proceedings are to be construed accordingly;

"public performance" means-

(a) in the case of a work other than an audiovisual work - reciting, playing, dancing, acting or otherwise performing the work (which term includes an expression of folklore) either directly or by means of any device or process;

(b) in the case of an audiovisual work - showing of images in sequence and making of an accompanying audible sound; and

(c) in the case of a sound recording - making the recorded sounds audible,

in each case, at a place or at places where persons outside the normal circle of the family and its closest acquaintances are or can be present, irrespective of whether they are or can be present at the same place and time, or at different places and/or times, and where the performance can be perceived without the need for communication to the public as defined in this Act;

"publication" has the meaning given to it by section 10;

"published edition" means a published edition of the whole or any part of one or more literary, dramatic, or musical works;

"recording" means the embodiment of sounds or images or of sounds and images or of the representations thereof, from which they can be perceived, reproduced or communicated through a device;

and "recorded" has a corresponding meaning;

"rental" means the transfer of the possession of the original or a copy of a work for a limited period of time for profit making purposes;

"reprographic copy" means a copy made by a reprographic process;

and "reprographic copying" has a corresponding meaning;

"reprographic process" means a process-

(a) for making facsimile copies; or

(b) involving the use of an appliance for making multiple copies;

and includes, in relation to a work held in electronic form, any copying by electronic means; but does not include the making of an audio visual work or sound recording;

"restricted act" means an act described in section 16;

"school" means a school as defined in section 2 of the Education Act (Cap 262);

"sculpture" includes a cast or model made for purposes of sculpture;

"secondary school" means a school in which full time instruction is given in general, technical, commercial and/or agricultural subjects, extending over a period of 2 to 6 years, to pupils who have completed the full primary school course; and includes a school in which instruction may be given to part-time pupils;

"sound recording" means-

(a) a recording of sounds, from which the sounds may be reproduced; or

(b) a recording of the whole or any part of a literary, dramatic, or musical work, from which sounds reproducing the work or part may be produced. regardless of the medium on which the recording is made or the method by which the sounds are reproduced or produced;

"special school" means a school for persons mentally or physically impaired;

"State" means the Republic of the Fiji Islands and includes every Ministry and department of the Government, but does not include-

(a) a statutory authority;

(b) a Government Commercial Company as defined in the Public Enterprises Act 1996;

"statutory inquiry" means an inquiry held or investigation conducted in pursuance of a duty imposed or power conferred by or under an enactment;

"sufficient acknowledgement", in relation to a work, means an acknowledgement identifying-

(a) the work by its title or other description, and

(b) the author of the work, unless-

(i) in the case of a published work - it is published anonymously;

(ii) in the case of any unpublished work - it is not possible by reasonable inquiry to ascertain the identity of the author;

"telecommunications system" means a system for conveying visual images, sounds, or other information by electronic means;

"transcript" means a written record of words spoken on a recording;

"Tribunal" means the Copyright Tribunal established by section 202;

"unauthorised", with respect to anything done in relation to a work, means done otherwise than-

(a) by or with the licence of the copyright owner; or

(b) pursuant to section 57 or section 58;

"unknown authorship" has the meaning given to it by section 7;

"wireless communication" means the sending of electro-magnetic energy over paths not provided by a material substance constructed or arranged for that purpose;

"work of joint authorship" has the meaning given to it by section 6;

"writing" includes any form of notation or code; whether by hand or otherwise and regardless of the method by which, or medium in or on which, it is recorded; and

"written" has a corresponding meaning.

(2) References in this Act to the time at which a literary, dramatic, or musical work is made are to the time at which the work is recorded, in writing or otherwise.

3-(1) For the purposes of this Act, an encrypted transmission is to be regarded as capable of being lawfully received by members of the public only if decoding equipment has been made available to members of the public by or with the authority of the person making the transmission or the person providing the contents of the transmission.

(2) References in this Act to a programme, in relation to broadcasting, are to the visual images, sounds, or other information transmitted.

(3) References in this Act to the person making a broadcast, broadcasting a work, or including a work in a broadcast are-

(a) to the person transmitting the programme, if the person has responsibility, to any extent, for its contents; and

(b) to any person providing the programme, if that person makes with the person transmitting it the arrangements necessary for its transmission.

(4) For the purposes of this Act, in the case of a broadcast by satellite transmission-

(a) the place from which the broadcast is made is the place from which the signals carrying the broadcast are transmitted to the satellite; and

(b) the person making the broadcast is the person who transmits those signals to the satellite.

(5) References in this Act to the reception of a broadcast include reception of a broadcast relayed by means of a telecommunications system.

4.-(1) In this Act, unless the context otherwise requires-

"cable programme" means any item included in a cable programme service;

"cable programme service" means a transmission service where the transmission is-

(a) for reception at 2 or more places, either simultaneously or at different times, in response to requests by different users; or

(b) for presentation to members of the public,

but does not include a transmission service that is not, or so far as it is not, excepted by or under the following provisions of this section;

"transmission service" means a service that consists wholly or mainly in sending visual images, sounds, or other information by means of a telecommunications system, otherwise than by wireless communication.

(2) A cable programme service does not include-

(a) a transmission service or part of a transmission service of which it is an essential feature that while visual images, sounds, or other information are being transmitted, by means of a telecommunications system, by the person providing the service, there will or may be transmitted from each place of reception, by means of the same system or, as the case may be, the same part of the system, visual images, sounds, or other information (other than signals sent for the operation or control of the service) for reception by the person providing the service or other persons receiving it;

(b) a transmission service run for the purposes of a business where-

(i) no person except the person carrying on the business is concerned in the control of the equipment used for the purposes of the telecommunication ions system through which the service operates;

(ii) visual images, sounds, or other information are transmitted by the system solely for purposes internal to the running of the business and not by way of rendering a service or providing amenities for others; and

(iii) the system is not connected to any other telecommunications system;

(c) a transmission service run by a single individual where-

(i) all the equipment used for the purposes of the telecommunications system through which the service operates is under his or her control;

(ii) the visual images, sounds, or other information transmitted by the system are conveyed solely for his or her private and domestic purposes; and

(iii) the system is not connected to any other telecommunications system;

(d) a transmission service where-

(i) all the equipment used for the purposes of the telecommunications system through which the service operates is situated in, or connects, premises that are in the occupation of a single occupier; and

(ii) the system is not connected to any other telecommunications system - except where the service operates as part of the amenities provided for residents or inmates of premises run as a business;

(e) a transmission service that is, or to the extent that it is, run for persons providing broadcasting or cable programme services or providing programmes for such services.

(3) The Minister may, from time to time, by regulation amend subsection (2) by-

(a) varying any exclusion and making such transitional provisions in relation to the variation as appear to the Minister to be necessary;

(b) repealing any exclusion and making such transitional provisions in relation to the repeal as appear to the Minister to be necessary; or

(c) adding a new exclusion.

(4) References in this Act to the inclusion of a cable programme in a cable programme service are to the transmission of the programme as part of the service.

(5) References in this Act to the person including a work in a cable programme, including a work in a cable programme service, or including a cable programme in a cable programme service, are to the person providing the service.

5.-(1) For the purposes of this Act, the author of a work is the person who creates it.

(2) For the purposes of subsection (1), the person who creates a work is-

(a) in the case of a literary, dramatic, musical or artistic work that is computer-generated - the person by whom the arrangements necessary for the creation of the work are undertaken;

(b) in the case of a sound recording or audio visual work - the person by whom the arrangements necessary for the making of the recording or audio visual work are undertaken;

(c) in the case of a broadcast -the person making the broadcast or, in the case of a broadcast that relays another broadcast by reception and immediate retransmission, the person making that other broadcast;

(d) in the case of a cable programme - the person providing the cable program service in which the programme is included;

(3) The author of a work of any of the descriptions referred to in subsection (2) may be a natural person or a body corporate.

Meaning of "work of joint authorship "

(1) In this Act, "work of joint authorship" means a work produced by the collaboration of 2 or more authors in which the contribution of each author is not distinct from that of the other author or authors.

(2) A broadcast is to be treated as a work of joint authorship in any case where more than one person is to be taken as making the broadcast.

(3) References in this Act to the author of a work are to be construed, in relation to a work of joint authorship, as references to all the authors of the work.

7.-(1) For the purposes of this Act, a work is of unknown authorship if the identity of the author is unknown or, in the case of a work of joint authorship, if the identity of none of the authors is known.

(2) For the purposes of this Act, the identity [sic]of an author is to be regarded as unknown if it is not possible for a person who wishes to ascertain the identity [sic] of the author to do so by reasonable inquiry; but if that identity is once known it is not subsequently to be regarded as unknown.

8.-(1) Where copyright or any aspect of copyright is owned by more than one person jointly, references in this Act to the copyright owner, or to the owner of the copyright in the work, are to all owners.

(2) Where different persons are entitled to different aspects of copyright in a work, the copyright owner for any purpose of this Act is the person who is entitled to the aspect of copyright relevant for that purpose.

(3) Where a question arises under this Act whether an object of any description has been imported, sold, or otherwise dealt with other than pursuant to a copyright licence, the copyright owner shall be taken to be the person entitled to the copyright in respect of its application to the making of objects of that description in the country into which the object was imported or in which it was sold or otherwise dealt with.

9.-(1) References in this Act to the issue of copies of a work to the public mean the act of putting into circulation copies not previously put into circulation, but do not include the acts of-

(a) subsequent distribution or sale of those copies;

(b) subject to subsections (2) and (3), subsequent hiring or loan of those copies; or

(c) subsequent importation of those copies into the Fiji Islands.

(2) In relation to a computer program, the issue of copies of the work to the public includes the rental of copies of the computer program to the public, but does not include any such rental where-

(a) the computer program is incorporated into any other thing;

(b) the rental of the computer program is not the principal purpose or one of the principal purposes of the rental; and

(c) the computer program cannot readily be copied by the hirer.

(3) In relation to a sound recording or audio visual work, the issue of copies of the work to the public includes the rental of copies of the work to the public.

10.-(1) In this Act, the term "publication" in relation to a work-

(a) means the issue of copies of the work to the public;

(b) includes, in the case of a literary, dramatic, musical, or artistic work, making it available to the public by means of an electronic retrieval system;

and "publish" has a corresponding meaning.

(2) In the case of a work of architecture in the form of a building, or an artistic work incorporated into a building, construction of the building is equivalent to the publication of the work.

(3) References in this Act to publication do not include publication that is not intended to satisfy the reasonable requirements of the public.

(4) The following do not constitute publication for the purposes of this Act-

(a) in the case of a literary, dramatic, or musical work-

(i) the performance of the work; or

(ii) the broadcasting of the work or its inclusion in a cable programme service (otherwise than for the purposes of an electronic retrieval system);

(b) in the case of any artistic work-

(i) the exhibition of the work;

(ii) the issue to the public of copies of a film including the work; or

(iii) the broadcasting of the work or its inclusion in a cable programme service (otherwise than for the purposes of an electronic retrieval system);

(c) in the case of an artistic work being-

(i) a sculpture;

(ii) a work of architecture in the form of a building or a model for a building; or

(iii) a work of artistic craftsmanship,

the issue to the public of copies of a graphic work representing, or of photographs of, the work;

(d) in the case of a sound recording or film-

(i) the playing or showing of the work in public; or

(ii) the broadcasting of the work or its inclusion in a cable programme service.

(5) No account is to be taken for the purposes of this section of any unauthorised act.

11. In this Act, the term "commercial publication", in relation to a literary, dramatic, musical, or artistic work, means the publication of the work consisting of-

(a) issuing copies of the work to the public at a time when copies made in advance of the receipt of orders are generally available to the public;

(b) making the work available to the public by means of an electronic retrieval system,

and related expressions are to be construed accordingly.

12.-(1) In this Act, the term "infringing copy", in relation to a copyright work, is to be construed in accordance with this section.

(2) An object is an infringing copy if its making constitutes an infringement of the copyright in the work in question.

(3) An object that a person imports, or proposes to import, into the Fiji Islands is a infringing copy of a work if-

(a) the making of the object in the Fiji Islands by that person would have infringed the copyright in the work;

(b) the making of the object in the Fiji Islands by the copyright owner would have constituted a breach of an exclusive licence relating to the work; or

(c) the making of the object, by whomever and wherever it was made, constituted an infringement of the copyright in the work.

(4) If in any proceedings the question arises whether an object is an infringing copy, and it is shown-

(a) that the object is a copy of the work in question; and

(b) that copyright exists in the work or has existed at any time,

it is presumed until the contrary is proved that the object was made at a time when copyright existed in the work.

(5) In this Act, an infringing copy includes a copy falling to be treated as an infringing copy under any of the following provisions-

(a) section 76(2) (which relates to recording for the purposes of time shifting);

(b) section 77(4) (which relates to incidental recording for the purposes of broadcast or cable programme);

(c) section 84(1) (which relates to subsequent dealings with copies made under Part III.

(6) In this Act, an infringing copy does not include a literary work or an artistic work that-

(a) relates to a medicine imported by the State pursuant to section 2 or 2A of the Pharmacy and Poisons Act (Cap 115); and

(b) has been made, copied, published, adapted, or distributed in an overseas country by or with the licence of the owner of the copyright in the work in that country.

13. This Act binds the State.

14.-(1) Copyright is a property right that exists in accordance with this Act in original works of the following descriptions-

(a) literary, dramatic, musical, or artistic works;

(b) sound recordings;

(c) audio visual works;

(d) broadcasts;

(e) cable programmes;

(f) typographical arrangements of published editions.

(2) A work is not original if-

(a) it is, or to the extent that it is, a copy of another work; or

(b) it infringes the copyright in, or to the extent that it infringes the copyright in, another work.

(3) A cable programme is not an original work if its communication to the public is by way of reception and immediate re-transmission of a broadcast.

15.-(1) Copyright does not exist in a literary, dramatic or musical work unless and until the work is recorded, in writing or otherwise.

(2) It is immaterial for the purposes of subsection (1) whether the work is recorded by or with the consent of the author.

(3) If a work is not recorded by the author, the question whether copyright exists in the record, as distinct from the work recorded, is not affected by anything in subsection (1).

16.-(1) The owner of the copyright in a work has the exclusive right-

(a) to copy;

(b) to issue copies to the public;

(c) to publicly perform;

(d) to broadcast;

(e) to communicate to the public;

(f) to adapt,

the work.

(2) Subsection (1) applies subject to Parts IV and IX.

17.-(1) Copyright does not exist in a work unless the requirements of either section 18, section 19 or section 20 are satisfied in respect of the work.

(2) Subsection (1) does not apply to copyright that exists by virtue of section 26 or section 28.

(3) If the requirements of any of sections 18, 19, 20, 26 or 28 are once satisfied in respect of a work, copyright in that work does not cease to exist merely because a change occurs in any of the circumstances by reason of which those requirements were satisfied.

(4) If any provision of this Act imposes a requirement, in addition to the requirements of section 18, 19 or 20, that must be satisfied for copyright to exist in a work, copyright does not exist in a work unless the requirements of that provision as well as the requirements of section 18, 19 or 20 are satisfied in respect of that work.

18.-(1) A work qualifies for copyright if the author is, at the material time-

(a) a Fiji Islands citizen; or

(b) an individual domiciled or resident in the Fiji Islands.

(2) A work qualifies for copyright if the author is, at the material time-

(a) a citizen or subject of a prescribed foreign country;

(b) an individual domiciled or resident in a prescribed foreign country;

(c) a body incorporated under the law of a prescribed foreign country;

(d) in the case of an audiovisual work - a body which has its headquarters in a prescribed foreign country.

(3) Subject to subsection (4), a work of joint authorship qualifies for copyright if, at the material time, any of the authors satisfies the requirements of subsection (1) or subsection (2).

(4) If a work of joint authorship qualifies for copyright under this section alone, only those authors who satisfy the requirements of subsection (1) or subsection (2) are to be taken into account for the purposes of the application to that work of-

(a) section 21 (which relates to the first ownership of copyright);

(b) subsection (1) and (4) of section 22 (which relate to the duration of copyright in literary, dramatic, musical, or artistic works);

(c) section 62(which relates to acts permitted on assumptions as to the expiry of copyright or the death of the author in relation to anonymous or pseudonymous works).

(5) For the purposes of this Act, the material time, in relation to a literary, dramatic, musical or artistic work, is-

(a) in the case of an unpublished work - when the work is made or, if the making of the work extends over a period, a substantial part of that period;

(b) in the case of a published work -when the work is first published or, if the author has died before that time, immediately before his or her death.

(6) For the purposes of this Act, the material time, in relation to a work other than a literary, dramatic, musical, or artistic work, is-

(a) in the case of a sound recording or audio visual work - when the work is made or, if the making of the work extends over a period, a substantial part of that period;

(b) in the case of a broadcast - when the broadcast is made;

(c) in the case of a cable programme - when the programme is included in a cable programme service;

(d) in the case of a typographical arrangement of a published edition - when the edition is first published.

19.-(1) A work (being a literary, dramatic, musical, or artistic work, a sound recording, an audio visual work, or a typographical arrangement of a published edition) qualifies for copyright if it is first published-

(a) in the Fiji Islands; or

(b) in a prescribed place outside the Fiji Islands.

(2) For the purposes of this section, publication in one country is not to be regarded as other than the first publication by reason only of simultaneous publication elsewhere; and for this purpose publication elsewhere within the previous 30 days is to be treated as simultaneous.

20.-(1) A broadcast qualifies for copyright if it is made from-

(a) a place in the Fiji Islands; or

(b) a place in a prescribed place outside the Fiji Islands.

(2) A cable programme qualifies for copyright if it is sent from -

(a) a place in the Fiji Islands; or

(b) a place in a prescribed place outside the Fiji Islands.

21.-(1) Subject to this section, the person who is the author of a work is the first owner of any copyright in the work.

(2) Subject to subsection (3), if an employee makes, in the course of his or her employment, a literary, dramatic, musical, or artistic work, that person's employer is the first owner of any copyright in the work.

(3) If an employee, in the course of his or her employment with the proprietor of a newspaper, magazine, or similar periodical, makes a literary, dramatic, or artistic work for the purpose of publication in a newspaper, magazine, or similar periodical, the proprietor is the first owner of the copyright in the work insofar as the copyright relates to-

(a) publication of the work in any newspaper, magazine, or similar periodical;

(b) copying the work for the purpose of such publication; or

(c) broadcasting the work.

(4) If-

(a) a person commissions, and pays for, or agrees to pay for, the taking of a photograph or the making of a computer program, painting, drawing, engraving, model, sculpture, film, or sound recording; and

(b) the work is made in pursuance of that commission, that person is the first owner of any copyright in the work.

(5) Subsections (2), (3) and (4) apply subject to any agreement to the contrary.

(6) Subsections (1) to (5) apply subject to sections 26 and 28.

22.-(1) Subject to the following subsections, copyright in a literary, dramatic, musical or artistic work expires at the end of 50 years after the end of the calendar year in which the author dies.

(2) If the work is a photograph, copyright expires at the end of 50 years after the end of the calendar year in which the photograph is taken.

(3) If the work is computer-generated, copyright expires at the end of 50 years after the end of the calendar year of authorised publication of the work, or, if there is no authorised publication within 50 years after the making of the work, at the end of 50 years after the end of the calendar year of its making.

(4) If the work is of unknown authorship, copyright expires at the end of 50 years after the end of the calendar year of authorised publication of the work, or if there is no authorized publication within 50 years after the making of the work. at the end of 50 years after the end of the calendar year of its making.

(5) If-

(a) a work is of unknown authorship;

(b) copyright in the work has expired pursuant to subsection (4); and

(c) the identity of the author becomes known after the copyright has expired,

subsection (1) does not apply to revive copyright in the work.

(6) in relation to a work of joint authorship-

(a) the reference in subsection (1) to the death of the author is to be construed-

(i) if the identity of all the authors is known - as a reference to the last of them to die;

(ii) if the identity of one or more, but not all, of the authors is known - as a reference to the death of the last of the authors whose identify [sic] is known; and

(b) the reference in subsection (5) to the identity of the author becoming known is to be construed as a reference to the identity of any of the authors becoming known.

(7) This section does not apply to copyright in a work to which section 26 or 28 applies.

23.-(1) Copyright in a sound recording or audio visual works expires at the end of the period of 50 years from the end of the calendar year in which the work is made, or is first made available to the public, or is first published, whichever is the latest.

(2) For the purposes of subsection (1), a sound recording or audiovisual work is made available to the public by being-

(a) played or shown in public;

(b) broadcast; or

(c) communicated to the public.

24.-(1) Copyright in a broadcast or a cable programme expires at the end of the period of 50 years from the end of the calendar year in which the broadcast is made or the cable programme is communicated to the public.

(2) Copyright in a repeated broadcast or repeated cable programme expires at the same time as copyright in the initial broadcast or initial cable programme expires; and accordingly no copyright arises in respect of a repeated broadcast or repeated cable programme that is broadcast or, as the case requires, communicated to the public after the expiry of the copyright in the initial broadcast or, as the case requires, the initial cable programme.

(3) A repeated broadcast means a broadcast that is a repeat or a broadcast previously made.

(4) A repeated cable programme means a cable programme previously communicated to the public.

25. Copyright in a typographical arrangement of a published edition expires at the end of the period of 25 years from the end of the calendar year in which the edition is first published.

26.-(1) Where a work is made by or under the direction or control of the State-

(a) the work qualifies for copyright notwithstanding section 17(1); and

(b) the State is the first owner of any copyright in the work.

(2) Copyright in a work as described in subsection (1) is referred to in this Act as "'State copyright", notwithstanding that such copyright is assigned to another person.

(3) State copyright expires-

(a) in the case of a typographical arrangement of a published edition - at the end of the period of 25 years from the end of the calendar year in which the work is made;

(b) in the case of any other work - at the end of the period of 50 years from the end of the calendar year in which the work is made.

(4) In the case of a work of joint authorship where one or more, but not all, of the authors are persons employed by or under the direction or control of the State, this section applies only in relation to those authors and the copyright existing by virtue of their contribution to the work.

(5) Subject to this section and to any other express provision of this Act, this Act applies in relation to State copyright as to other copyright.

(6) This section is subject to section 27.

27.-(1) No copyright exists in any of the following works-

(a) any Bill introduced into the House of Representatives;

(b) any Act as defined in the Interpretation Act (Cap 7);

(c) any subsidiary legislation as defined in the Interpretation Act (Cap 7);

(d) the debates of the Parliament of the Fiji Islands;

(e) a report of a Royal Commission, Commission of Inquiry, ministerial inquiry or statutory inquiry;

(f) a judgment of any court or tribunal.

(2) Subsection (1) applies to works made before or after this Act comes into force.

28. If an original work (being a literary, dramatic, musical or artistic work or an audio visual work or sound recording) is made by an officer or employee of, or is published by, an international organisation to which this section applies-

(a) the work qualifies for copyright notwithstanding section 17(1); and

(b) the organisation is the first owner of any copyright in the work.

(2) The copyright of an international organisation under this section expires-

(a) in the case of a typographical arrangement of a published edition - at the end of the period of 25 years from the end of the calendar year in which the work is made or such longer period as may be specified for the purposes of this paragraph under subsection (5);

(b) in the case of any other work - at the end of the period of 50 years from the end of the calendar year in. which the work was made, or such longer period as may be specified for the purposes of this paragraph under subsection (5).

(3) Subject to this section and to any other express provision of this Act, this Act applies in relation to the copyright of an international organisation under this section.

(4) An international organisation to which this section applies is be [sic] deemed to have, and to have had at all material times, the legal capacity of a body corporate for the purpose of holding, dealing with and enforcing copyright and in connection with all legal proceedings relating to copyright.

(5) The Minister may from time to time, by regulation-

(a) declare that any international organisation is an international organisation to which this section applies;

(b) for the purposes of complying with any international obligation of the State, specify a period for the purpose of paragraph (a) or (b) of subsection (2).

29.-(1) Copyright in a work is infringed by a person who, without a licence of the copyright owner, does, or authorises another to do, any act which is restricted by copyright.

(2) References in this Act to the doing of a restricted act are to the doing of an act-

(a) in relation to the work as a whole or any substantial part of it; and

(b) either directly or indirectly,

and it is immaterial whether any intervening acts themselves infringe copyright.

(3) This Part is subject to Part IV.

30.-(1) The copying of a work is a restricted act in relation to every description of copyright work.

(2) For the purposes of this Act copying means, in relation to any description of work, means reproducing or recording the work in any material form and includes-

(a) in relation to a literary, dramatic, musical, or artistic work - storing the work in any medium by any means;

(b) in relation to an artistic work - converting the work into a 3-dimensional form, or if it is in 3 dimensions, converting it into a 2-dimensional form;

(c) in relation to an audio visual work, television broadcast, or cable programme - the making of a photograph of the whole or any substantial part of any image forming part of the audio visual work, broadcast, or cable programme.

31. The issue of copies of a work to the public is a restricted act in relation to every description of copyright work.

32.-(1) The performance of a work in public is a restricted act in relation to a literary, dramatic, or musical work.

(2) The playing or showing of a work in public is a restricted act in relation to a sound recording, audio visual work, broadcast or cable programme.

(3) If copyright in a work is infringed by the performance, playing, or showing of the work in public by means of apparatus for receiving visual images or sounds conveyed by electronic or other means-

(a) the person by whom the visual images or sounds are sent: and

(b) in the case of a performance, the performers,

are not to be regarded as responsible for the infringement.

(4) For the purposes of subsection (3), a person who sends visual images or sounds does not include a person who retransmits visual images or sounds.

33. The broadcasting of a work or its communication to the public is a restricted act in relation to-

(a) a literary, dramatic, musical, or artistic work;

(b) a sound recording or audio visual work;

(c) a broadcast or cable programme.

34.-(1) The making of an adaptation of a work is a restricted act in relation to a literary, dramatic, audio visual or musical work.

(2) For the purposes of subsection (1), an adaptation is made when it is recorded, in writing or otherwise.

(3) The doing of any of the acts specified in subsection (1) or in any of sections 30 to 33 in relation to an adaptation of a work, is also a restricted act in relation to the literary, dramatic, audio visual, or musical work from which the adaptation was made.

(4) For the purposes of subsection (3), if the act done in relation to an adaptation of a work is an act specified in section 32 or 33, it is immaterial whether the adaptation has been recorded, in writing or otherwise, at the time the act is done.

35. Copyright in a work is infringed by a person who, other than pursuant to a copyright licence, imports into the Fiji Islands, otherwise than for that person's private and domestic use, an object that is, and that the person knows or has reason to believe is, an infringing copy of the work.

36. Copyright in a work is infringed by a person who, other than pursuant to a copyright licence-

(a) possesses in the course of a business;

(b) in the course of a business or otherwise, sells or lets for hire;

(c) in the course of a business, offers or exposes for sale or distributes;

(d) in the course of a business, exhibits in public or distributes; or

(e) distributes otherwise than in the course of a business to such an extent as to affect prejudicially the copyright owner,

an object that is, and that the person knows or has reason to believe is, an infringing copy of the work.

37.-(1) Copyright in a work is infringed by a person who, other than pursuant to a copyright licence-

(a) makes;

(b) imports into the Fiji Islands;

(c) possesses in the course of a business;

(d) in the course of a business or otherwise, sells or lets for hire; or

(e) in the course of a business, offers or exposes for sale or hire,

an object specifically designed or adapted for making copies of that work, knowing or having reason to believe that the object is to be used to make such infringing copies.

(2) Copyright in a work is infringed by a person who, other than pursuant to a copyright licence, transmits the work by means of a telecommunications system (otherwise than by broadcasting or communication to the public), knowing or having reason to believe that infringing copies of the work will be made by means of the reception of the transmission in the Fiji Islands or elsewhere.

38.-(1) If copyright in a literary, dramatic, or musical work is infringed by a performance at a place of public entertainment, a person who gave permission for that place to be used for the performance is also liable for the infringement unless, when the person gave that permission, the person believed on reasonable grounds that the performance would not infringe copyright.

(2) In this section, "place of public entertainment" includes premises that are occupied mainly for purposes other than public entertainment but are from time to time made available for hire for the purposes of public entertainment.

39.-(1) If copyright in a work is infringed by a performance of the work in public, or by the playing or showing of the work in public, by means of apparatus for-

(a) playing sound recordings;

(b) showing audio visual works; or

(c) receiving visual images or sounds conveyed by electronic means,

the persons described in subsections (2) to (4) are also liable for the infringement.

(2) A person who supplied the apparatus, or any substantial part of it, is liable for the infringement if, when the apparatus or part was supplied-

(a) the person knew, or had reason to believe, that the apparatus was likely to be so used as to infringe copyright; or

(b) in the case of apparatus whose normal use involves a performance, playing, or showing in public - the person had no reasonable grounds for believing that the apparatus would not be so used as to infringe copyright.

(3) An occupier of premises who gave permission for the apparatus to be brought onto the premises is liable for the infringement if, permission, was supplied, the person knew, or had reason to believe, that the apparatus was likely to be so used as to infringe copyright.

(4) A person who supplied a copy of a sound recording or an audio visual work used to infringe copyright is liable for the infringement if, when the copy was supplied, the person knew, or had reason to believe, that the copy so supplied, or a copy made directly or indirectly from the copy, was likely to be so used as to infringe copyright.

40.-(1) Copyright in a work is not infringed by-

(a) the incidental copying of the work in an artistic work, a sound recording, an audio visual work, a broadcast, or a cable programme;

(b) the issue to the public of copies of an artistic work, the playing of a sound recording, the showing of an audio visual work, the making of a broadcast or the inclusion of a cable programme in a cable programme service, in which a copyright work has been incidentally copied; or

the issue to the public of copies of a sound recording, audio visual work, broadcast, or cable programme to which paragraph (a) or (b) applies.

(2) For the purposes of this subsection, a musical work, words spoken or sung with music, or so much of a sound recording, broadcast, or cable programme as includes a musical work or such words, is not to be regarded as incidentally copied in another work if the musical work or, as the case requires, such words of that sound recording, broadcast, or cable programme is deliberately copied.

41.-(1) Copying a work for the purpose of criticism or review of that or another work, or of a performance of a work, does not infringe copyright in the work if the copy is accompanied by a sufficient acknowledgement.

(2) Copying a work for the purpose of reporting current events by means of a sound recording, audio visual work, broadcast or cable programme does not infringe copyright in the work.

(3) Copying a work (other than a photograph) for the purpose of reporting current events by any means other than those referred to in subsection (2) does not infringe copyright in the work if the copy is accompanied by a sufficient acknowledgement.

42.-(1) Copying a work for the purposes of research or private study by an individual does not infringe copyright in a literary, dramatic, musical or artistic work, unless there is a collective licence available of which the individual is or should be aware under which the copying can be done.

(2) For the avoidance of doubt, it is declared that copying a published edition for the purposes of research or private study by an individual does not infringe copyright in either the typographical arrangement of the edition or in any literary, dramatic, or musical work or part of a work in the edition.

(3) In relation to-

(a) a literary, dramatic, or musical work that is contained in a book by one author; or

(b) a published edition that is a book by one author,

copying for the purposes of research or private study by an individual is limited to the making of one copy of the same work, or the same part of a work, on any one occasion.

(4) In relation to-

(a) a literary, dramatic, or musical work that is contained in an article in a periodical;

(b) a published edition that is an article in a periodical,

copying for the purposes of research or private study by an individual does not include copying for the purposes of research or private study the whole or part of the work or edition if another article dealing with a different subject matter is copied, on the same occasion, from the same issue of the periodical; but in any other case, includes copying for the purposes of research or private study by an individual the whole or part of the work or edition and any artistic work included in the whole or part.

(5) In relation to a literary, dramatic, or musical work or a published edition, other than a work or edition to which subsection (3) or subsection (4) applies, copying for the purposes of research or private study by an individual includes copying for the purposes of research or private study not more than 10% of the work or edition and any artistic work included in that 10%.

(6) Except as provided in subsections (3) to (5), copying a work for the purposes of research or private study by an individual may include copying for the purposes of research or private study the whole or part of the work.

(7) In determining, for the purposes of subsection (6), whether copying is for the purposes of research or private study by an individual, a court must have regard to-

(a) the purpose of the copying;

(b) the nature of the item copied;

(c) whether the item could have been obtained within a reasonable time at an ordinary commercial price;

(d) the effect of the copying on the potential market for, or value of, the work; and

(e) where part of an item is copied - the amount and substantiality of the part copied taken in relation to the whole item.

(8). This section does not apply to a literary work that is a computer program.

43.-(1) Copying by a school referred to in subsection (2) for the purposes of research or private study by an individual does not infringe copyright in a literary, dramatic, musical or artistic work, unless there is a collective licence available of which the school is or should be aware under which the copying can be done.

2) A school referred to in subsection (1) includes-

(a) a kindergarten;

(b) a primary school;

(c) an intermediate school;

(d) a secondary school;

(e) a special school.

(3) For the purposes of subsection (1) copying for purposes of research or private study means-

(a) the whole or part of a literary, dramatic, musical or artistic work is copied for supply to any student or staff member of the school;

(b) the school supplies no more than one copy of the copied material to any student or staff member of that school: and

(c) if any student or staff member is required to pay for a copy, the payment required is no higher than the cost of production of the copy together with a reasonable contribution to the general expenses of the school.

(4) Subsection (1) does not apply to a literary work that is a computer program.

44.-(1) Copying by an educational establishment for the purposes of research or private study by an individual does not infringe copyright in a literary, dramatic, musical or artistic work, unless there is a collective licence available of which the educational establishment is or should be aware under which the copying can be done.

(2) For the purposes of subsection (1), copying for the purposes of research or private study by an individual means copying not more than-

(a) one chapter of the literary, dramatic, musical or artistic work; or

(b) 10% of the literary, dramatic, musical or artistic work, for supply to any student or staff member of the educational establishment,

whichever is the less.

(3). An educational establishment may apply to the Minister for a certificate of exemption entitling the establishment to exemption similar to those provided pursuant to section 43 for a school.

(4) In determining, for the purposes of subsection (2), whether copying is for the purpose of research or private study, a court must have regard to-

(a) the purpose of the copying;

(b) the nature of the item copied;

(c) whether the item could have been obtained within a reasonable time at an ordinary commercial price;

(d) the effect of copying on the potential market for, or value of, the work; and

(e) where part of an item is copied - the amount and substantiality of the part copied taken in relation to the whole item.

(5) Copyright in a dramatic, musical or artistic work is not infringed by its being copied in the course of instruction or of preparation for instruction, provided the copying-

(a) is done by a person giving or receiving instruction; and

(b) is not by means of a reprographic process.

(6) Copyright in a sound recording, audio visual work or audio visual soundtrack, broadcast or cable programme is not infringed by its being copied by making an audio visual work or audio visual soundtrack in the course of instruction, or of preparation for instruction, in the making of an audio visual work or audio visual soundtrack, provided the copying is done by a person giving or receiving instruction.

(7) Subsection (1) does not apply to a literary work that is a computer program.

45.-(1) The performance of a literary, dramatic, or musical work before an audience consisting of persons who are students or staff members at a school or educational establishment or are directly connected with the activities of the school or establishment-

(a) by a student or staff member in the course of the activities of the school or establishment; or

(b) at the school or establishment by any person for the purposes of instruction,

is not a performance in public for the purposes of section 32(1).

(2) The playing or showing, for the purposes of instruction, of a sound recording, audio visual work, broadcast, or cable programme before an audience as described in subsection (1) at a school or educational establishment is not a playing or showing of the work in public for the purposes of section 32(2).

(3) A parent or guardian of a student at a school or educational establishment is not, for the purposes of this section, to be treated as a person directly connected with the activities of the school or educational establishment.

46. A recording of a broadcast or cable programme, or a copy of such a recording may be made by or on behalf of a school or educational establishment for the educational purposes of that school or establishment without infringing copyright in the broadcast or cable programme, or in any work included in it, unless there is a collective licence available of which the school or educational establishment is or should or be aware under which copying can be done.

47. Copyright is not infringed by anything done for the purposes of an examination, whether by way of setting the questions, communicating the questions to the candidates or answering the questions.

48. In sections 49 to 53, unless the context otherwise requires-

(a) "archive" means-

(i) the National Archives of the Fiji Islands;

(ii) any library, museum or other body approved by the Minister of Information to be a repository of archival material under section 3 of the Libraries (Deposit of Books) Act (Cap 109);

(iii) any collection of documents (within the meaning of section 7 of the Public Records Act (Cap 108)) of historical significance or public interest that is in the custody of and maintained by a person or body, whether incorporated or unincorporated, that does not keep and maintain the collection for the purpose of deriving a profit;

(b) "prescribed library'' means-

(i) the Parliamentary Library;

(ii) a library maintained by an educational establishment, government department, or local authority;

(iii) any other library or class of library prescribed by regulations made under section 229, not being a library conducted for profit;

(c) a reference to the librarian of a prescribed library or the archivist of an archive includes a person acting on behalf of the librarian or archivist.

49.-(1) The librarian of a prescribed library may, if the conditions contained in subsection (2) are complied with make from a published edition, for supply to another person-

(a) in relation to a literary, dramatic, or musical work contained in a book by one author, not more than one copy of a short excerpt from the work;

(b) in relation to a literary, dramatic, or musical work other than-

(i) a work contained in a book by one author; or

(ii) an article in a periodical,

not more than one copy of a short excerpt of each author's work and any artistic work included in that work, without infringing copyright in the literary, dramatic, musical or artistic work or the typographical arrangement of the published edition.

(2) The conditions referred to in subsection (1) are-

(a) that a copy is supplied only to a person who satisfies the librarian that the person requires it for the purposes of research or private study;

(b) that a copy must be supplied only to a person who satisfies the librarian that the requirement is not related to any similar requirement of another person;

(c) that no person is supplied on the same occasion with more than one copy of the same material;

(d) if a person to whom a copy is supplied is required to pay for it, the payment required is no higher than the cost of production of the copy together with a reasonable contribution to the general expenses of the library; and

(e) that there is no collective licence available of which the librarian is or should be aware under which the copying can be done.

(3) Subsection (1) does not apply to a literary work that is a computer program.

50.-(1) The librarian of a prescribed library may, if the conditions contained in subsection (2) are complied with, make for supply to any person a copy of-

(a) a literary, dramatic, or musical work, and any artistic work included in that work, contained in an article in a periodical; or

(b) a published edition that is an article in a periodical,

without infringing copyright in the literary, dramatic, musical, or artistic work or the typographical arrangement of the published edition.

(2) The conditions referred to subsection (1) are-

(a) that no person is supplied on the same occasion with more than one copy of the same article;

(b) that no person is supplied on the same occasion with copies of more than one article contained in the same issue of a periodical unless the copies supplied all relate to the same subject matter;

(c) if a person to whom a copy is supplied is required to pay for it, the payment required is no higher than the cost of production of the copy together with a reasonable contribution to the general expenses of the library; and

(d) that there is no collective licence available of which the librarian is or should be aware under which the copying can be done.

51.-(1) The librarian of a prescribed library may make from a published edition, for supply to another prescribed library-

(a) in the case of a literary, dramatic or musical work contained in a book by one author - not more than one copy of the work;

(b) in the case of a literary, dramatic or musical work contained in an article in a periodical - the whole article and any artistic work included in that work;

(c) in the case of a literary, dramatic or musical work other than a work to which paragraph (a) or (b) applies - not more than one copy of the work or edition and any artistic work included in that work,

without infringing copyright in the literary, dramatic, musical., or artistic work or the typographical arrangement of the published edition.