WORLD TRADE ORGANIZATION 
ORGANISATION MONDIALE DU COMMERCE 
ORGANIZACION MUNDIAL DEL COMERCIO 
Council for Trade-Related Aspects of 
Intellectual Property Rights IPIN/I/FJI/C/1 
12 July 2001 
(01-3474) 
Original: English! 
anglaisl 
ingIes 
MAIN DEDICATED INTELLECTUAL PROPERTY 
LAWS AND REGULATIONS NOTIFIED UNDER 
ARTICLE 63.2 OF THE AGREEMENT 
FIll 
The present document reproduces the textl of the Copyright Act 1999, received by the 
Secretariat from the Delegation of Fiji on 19 June 2001, during the TRIPS Council Meeting of 
18-22 June 2001. 
Conseil des aspects des droits de propriete 
intellectuelle qui touchent au commerce 
PRINCIPALES LOIS ET REGLEMENTATIONS CONSACREES A LA 
PROPRIETE INTELLECTUELLE NOTIFIEES AU TITRE 
DE L'ARTICLE 63:2 DE L'ACCORD 
FIDll 
Le present document contient le textel de la Loi de 1999 sur le droit d'auteur, que le 
Secretanat a reyu de la delegation des Fidji le 19 juin 2001, au cours de la reunion du Conseil des 
ADPIC qUI s'est tenue du 18 au 22 juin 2001. 
Consejo de los Aspectos de los Derechos de Propiedad 
Intelectual relacionados con el Comercio 
PRINCIP ALES LEYES Y REGLAMENTOS DEDICADOS A LA 
PROPIEDAD INTELECTUAL NOTIFICADOS EN VIRTUD 
DEL P A.RRAFO 2 DEL ARTiCULO 63 DEL ACUERDO 
FIll 
En el presente documento se reproduce el texto1 de la Ley de Derecho de Autor, de 1999, que 
la Secretaria recibi6 de la delegaci6n de Fiji el 19 de junio de 2001 en el curso de la reuni6n del 
ConseJo de Ios ADPIC que tuvo Iugar del 18 al 22 de ese mismo mes. 
1 In English only.lEn anglais seulement.lEn ingles solamente. JP /NI 1 IF lIfel 1 
Page 2 
COPYRIGHT ACT 1999 
ARRANGENfENT OF SECTIONS 
SECTION 
Part I-PRELlt-vlINARY 
1. Short title and comnlencement 
2. Interpretation 
3. Associated definitions for purposes of broadcasting 
4. ~1caning of "cable programme service" and associated terms 
5. Meaning of "author" 
6. N1eaning of '\-vork of jOint authorship" 
7. Meaning of "unknown authorship" 
8. Meaning of "copyright owner" 
9. Meaning of "issue to ihe public" 
10. ~1eaning of "publication" 
11. Meaning of "commercial publicatlon"" 
12. l'"fcaning of "infringing copy" 
I 3. Act to bind the State 
Part II 
DESCRIPTION, O\VNERSHIP i\_ND DURATION OF COPYRIGHT 
Division l-Descnprioll of Copyright 
14. Copyright in original works 
15. Recording necessary for some works 
] 6. Acts restricted hy copyright 
Dn'fsion 2-QUlll~ric(/{IOl/ for Copyright 
17. Qualil1cauon for copyright 
18. QualifIcatIOn by reference (() author 
19. Qu~1ifiCJllOn by reference to country of first publication 
20. Quali!lcJulln by reference 10 place ,'i'tfa!1smission 
Dn'lSIOlI 3-0H.'llers!lljJ of COfJ)Tight 
21. First o\vnt."fship of cop)-:nght 
DiVision 4--Dura[ioll of Copyright 
22. DuratIon O!-copyright in literary, dramatic, musical or artistIc works 
23. Duration of cOPYrIght in audio visual w'orks and sound recordings 24. Duration of copyright in broadcasts and cable programmes IPIN/l/FJI/CIl 
Page 3 
25. Duration of copyright in typographical arrangement of published editions 
26. State copyright 
27. No copyright in certain works 
28. Copyright vesting in certain international organisations 
Part III 
INrRINGEMENT OF COPYRIGHT 
Division i-Primary Infringement of Copyright 
29. Infringement of copyright 
30. Infringement by copying 
31. Infringelnent by issue of copies to public 
32. Infringenlcnt by performance 
33. Infringement by broadcasting or inclusion in cable programme service 
34. Infringement by making adaptation or act done in relation to adaptation 
DiviSlOrt 2-SecondalY Infringement of Copynght 
35. Importing infringjng copy 
36. Possessing or dealing with infringing copy 
37. Providing means for making infringing copies 
3R. Permitting use of premises for infringIng performance 
3Y. Provisions of apparatus for infringing perfomlance, etc 
Part IV 
ACTS PEIUvUTTED IN RELATION TO COPYRIGHT \VORKS 
DivislOfl I --General 
40. Incidental copying of copyright \vork 
41. Criticl~rn, reVl\:~\V and news reporting 
42. Research or pri vate study 
DLvIsion 2--Educalum 
4 '. Exemption from copyng!1t infdngement 
44. Par11al C)~emrtii.)n from copyright infringement 
45 I\:rfurnung, plaYll1g, or showing work ID course of acti'lilIes of euucatIonal 
estahlishment 
46. Recording by c(1ucation~1 establishments of broadca.sts and cahle 
programmes 
47. 'Dlings done for purposes of examination 
DiviSUJi/ 3--Libranes and Arclll.\.'es 
4R. Prcscrih~J lihraries and archives IP/N/lIFJIIC/l 
Page 4 
49. Copying by librarians of parts of published works 
50. Copying by librarians of articles in periodicals 
51. Copying by librarians for supply to other libraries 
52. Copying by librarians or archivists to replace copies of works 
53. Copying by librarians or archivists of certain unpublished works 
Division 4-Public Administration 
54. Parliamentary and judicial proceedings 
55. Commission of Inquiry and statutory inquiries 
56. Material open to public inspection or on official register 
57. Material communicated to the state in the course ofpuhlic business 
58. Use of copyright material for service of the State 
59. Rights of third parties in respect of State use 
60. Proceedings against the State 
61. Acts done under statutory authority 
Division 5-Literary, Dramatic, Musical, and Artistic~~Vorks 
62. Acts permitted on assumptions as to expiry of copyright or death of author in 
relation to anonymous or pseudonymous works 
63. Use of recording of spoken words in certain cases 
64. Public reacting or recitation 
65. Abstracts of scientitlc or technical articles 
66. Recording of folk songs 
67. Representation of certain artistjc works on public display 
6R. Special exception from protection of literary or artistic works 
69. Special exception from protection of artistic work that has been applied 
industrially 
70. Special exception from protection of literary and artistic vvorks relating to 
medicines 
71. l'.1aking of suhsequent v/orks hy same artist 
72. Reconstruction of huildings 
Divlsion 6-Computcr Programs, Sound Recordings, and Audio VisuallVorks 
73. Rental by educatIOn establishments and libraries 
74. Back-up copy of computer prograrn 
75. Playlng of sound recordings [or purposes of club, society, ete 
Dli':S1cJTl 7-Broadcasts and Cahle Programs 
76. Recording for purposes of time shjfting 
77. Incidental recording for pUIT.rOses of broadcast or cable programme 
78. Photographs of tdeyision broadcasts ()[ cable progranlme 
79. Free public playing or showing of broadcac;t or cable prograInme 
80. Reception and retransmission of broadcast In cablc program service 81. Provision of subtitled copies of broadcast or cable programme 
82. Recording for archival purposes 
Division 8-Adaptations 
83. Adaptations 
Division 9-Subsequent Dealings 
84. Subsequent dealings with copies made under this Part 
Part V 
MORAL RIGHTS 
Division I-Right to be Identified as Author or Director 
85. Right to identified as author or director 
86. Content of right to be identified 
87 Exceptions to right to be it1entified 
DivlSlOll 2-Right 10 Object to Derogatory Treatment oIn'ork 
88. Right to object to derogatory treatment of work 
89. Content of right to object to derogatory treatment 
90. Exceptions to right to object to derogatory treatnlent 
91. 
92. 
93. DLvlsion 3-False Attribution 
False attribution of identity of aUL.'1or or director 
False representation as to 1 itcrary, dramatic, or nlusical work 
False representations as to artistic work IP/N/l/FJIIC/1 
Page 5 
DivlSUHI 4--Rlghl [0 Pnvllcy of Certain Pholographs and Audio Visual l-Vorks 
94. l<-ight to pnvacy or certain photographs and audio visual works 
/)ivisJ(),'l 5--Supplemen t(Jry Provisions 
95 Duration of rights 
96. Consent anD v;4Uver or fights 
97, Applic:.ltion of provisiOns to JClint works other than audio visual works 
98. Application of provisIOns to joint works that arc audio visual works 
99 ApplkaLoil of' provision to p;1rts or works 
Part VI 
DEALING WITH RIGHTS IN COPYPJGHT WORKS 
Dn'lSlOn l-LlCCflC{!,': iO Dcal with Copynght H'orks 
100. Licence 
101. \\' arr~nty impli~ll in cenain licences IPINIlIFJIICIl 
Page 6 
Division 2-Transmission of Copyright 
102. Transmission of copyright 
103. Assignment 
104. Copyright to pass under will with unpublished works 
105. Future copyright 
106. Right to make conditions in respect of certain unpublished works 
Division 3-Moral Rights 
107. Moral rights not assignable 
108. Transmission of moral rights on death 
Pa.t1 VII 
RE1v1EDIES FOR INFRINGEMENT 
Division l-Righls and Remedies of Copyright Owner 
109. Infringement actionable by copyright owner 
110. Provisions as to damages in infringement proceedings 
111. Order for delivery up in civil proceedings 
112. Rights to seize infringing copies and otller articles 
DIvision 2-Rights and Remedies of Exclusive L,censee 
113. Rights and remedics of exclusive licensee 
114. Exercise of concurrent rights 
Division 3-Rights and Remedies in Relation lO moral nghts 
115. Infringemcnt of moral rights actionable 
DiviSlt.)!l 4-Presumptions 
116. Presumptions rdevant lO literary, dranlat.ic, Dlusical and artistic works 
117. Presumptions relevant to certain artistic works 
118. Pre-sumptions relevant to computer programs, sound recordings and audio 
visual works 
119. Pr~sumptions relevant to works suhject to State copyright 
i20. Unjustified proceedIngs 
fJtvision 5-0flellces 
121. CriminJlliahility for making Of dealing with infringing ohjccrs 
122. Search warrants 
123. Order for delivery up in criminal proceedings 
124. l.lahility of officers of body corporate 
Dn'/SWfl 6--DisposaZIIl!nllglTlg Copy or Other Objfct 
125. Order as to disposal ofinfringing copy or ()ther ohject 126. Affidavit evidence of subsistence and ownership of copyright 
Part VIII 
BORDER PROTECTION MEASURES 
127. Definitions 
128. Notice may be given to Comptroller of Custonls 
129. Detennination whether item is pirate copy 
130. Limitations on requirement to supply information 
131. Notice of determination 
132. Detention of pirated copy 
133. Proceedings 
134. Powers of Court 
135. Inspection of item 
136. Notice of parallel import may be given to Comptroller of CustonlS 
137. Delegation of powers, duties, and functions 
138. Protection of persons acting under authority of Act 
Part IX 
COPYRIGHT LICENSING 
Dlvision i-V/arks of more than one awhor 
139. Works of more than one author IP/NIlIFJI/CIl 
Page 7 
Dlvision 2-References and Appltcations with respect to Licensing Schemes 
140. Licensing schenlcs to which sections 141 to 147 apply 
141. Reference of proposed licem;ing scheme to Tribunal 
142. Reference of licensing scheme to Tribunal 
143. Further reference of scheme to Tribunal 
144. Effect of order of Tribunal made on reference 
145. Application for grant of licence in connection with licencing schelllc 
146. Application for review of order as to entitlement to licence 
147. Erf eet of order of Tribuna] made on application. 
D!VtSfOn 3--Rclerences and Applications wllh respect 
(0 LlCeTlSmg by Licensing Bodies 
14R. Licences to which scction 149 to 152 apply 
149. Reference tu Tribunal of proposed licence 
150. Reference to Tribunal of expiring iiccnce 
151. A.pplication for revic\v of order as to licenc~ 
152. Effect of order of Tribunal as to lic~~c2. 
Division 4-Facwrs to be taken into Accowll in Cer1(Jlll Classes of Cases 
153. Uareasonable discrimination IP/N/I/FJI/CIl 
Page 8 
154. Licences for reprographic copying 
J 55. Licences for educational establishments in respect of works included in 
broadcasts or cable progranlmes 
156. Licences to reflect conditions imposed by promoters of events 
157. Licences to reflect payments in respect of underlying rights 
158. Licences in respect of works included in retransmissions 
Division 5-Reprographic Copying by Educatiollal Estahlishments 
159. Power to extend coverage of scheme or licences 
160. Variation or discharge of Order extending scheme or licences 
161. Appeal against Orders 
Division 6-lmplied Indemnity ill Schemes or Licences For Reprographic Copying 
162. Implied indemnity in certain schemes and licences for reprographic 
copying 
163. Detennination of eqUltahle remuneration 
164. De1inition 
165. Applicat.ion Part X 
PERFORrv1ERS' RIGHTS 
Dn'lslOfl i-General 
D,VlSWll 2-Performers' Rights 
166. Consent reqUired for recording or live transmission of pt.'rformance 
167. Infringement by use of illicit recording 
168. Copyi ng of recordi ngs 
i 69. Infringement by importing, possessing, or (kaling with illicH recording 
Dn'islOll 3-Acts Pcrmilled ill relation lo PerJonnallces 
170. Incidental copyjng ofpcrformancc or recording 
171. Permitted acts III relation to performances, criticism, revic\-vs, and nev,:s 
rcportiog 
172 Things done for purposes of instruction or examination 
f73. Playin8 or showing sound recording, film, hroadcast or cahk programme 
at educational establishment 
174. Recording of hroadca~ts and cahlc programmes by educational estabIislul1cnt 
175. Subsequent dealings 
176. Parlianlcntary and Judicial proceedings 
177. Commissions of Inquiry and statutory inquirks 
178. Acts done under statutory authority 
179. Use of recorclings of spoken works in certain cases 180. Recordings of folk songs 
181. Playing of sound recordings for purposes of club, society etc 
182. Incidental recording for purposes of broadcast or cable programme 
183. Free public playing or showing of broadcast or cable programme IP/N/l/FJI/CIl 
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184. Reception and retransmission of broadcast in cable programme service 
185. Provision of subtitled copies of broadcast or cable programme 
186. Recording of broadcast of cable programme for archival purposes 
Division 4-Duration and Transmission of Rights 
187. Duration of rights 
188. Transmission of rights 
Division 5-Consent 
189. Consent 
190. Po\ver of Trihunal to give consent on behalfofperfofmcr 
DlVISioll 6-Remedies for Infringement 
191. Proceedings for infringement of performers' rights 
192. Order for delivery up in civil proceedings 
193. Right to seize illicit recordings 
DLvislOn 7-Offellces 
194. Crinlinalliability for making. dealing with, using, or copying illicit recordings 
195. Order for dell very up in criminal proceedings 
196. Search warrants 
197. False representation of authority to give consent 
198. Liability of oftlcers of body corporate 
199. Order as to dis[X.)saI of illicit recording 
Dlvision 8--ExtralernlOrwl ApplicatION 
200. ExlrJterritoriJl Z!pplIcarion of Part X 
201, l{cgulatlons 
Part Xl 
COPYRiGHT TRIBUNAL 
DlVlswn i-ConstItutiOn 
202. Copyright Trihunal 
2{)3. tv1cmbcrship of Tribunal 
204. Term of nflice of m~mbcrs of Tribun3.1 
205, Vacation of ofticc 
20(). Dcpul1~s of mcmhcrs 
207 Rt~!!!~r;cr:liwn and travcliing allo\vances IP/Nll/FJIIC/l 
Page 10 
Division 2-1urisdiction and Procedure 
208. Jurisdiction of Tribunal 
209. Parties to proceedings 
210. Sittings of Tribunal 
211. Procedure of Tribunal 
212. Evidence in proceedings before Tribunal 
213. Witness summons 
214. Service of summons 
215. Witnesses' allowances 
216. Privileges and immunities 
217. Non-attendance or refusal to co-operate 
218. Contempt of Tribunal 
219. Costs 
220. Stating case for High Court 
221. Appeal on questIon of law 
Part XII 
11ISCELLAt'ffiOUS PROVISIONS 
Division i-Other Laws 
222. Rights and privileges under other enactnlents or common law 
Division 2-Devices Designed to Circumvent Copy-Protection 
223. Devices desIgned to circllnlvent copy protection 
224. Offence of fraudulently receiving programmes 
225. Rights and remedies in respect of apparatus, etc., for unauthorised reception of 
transmiSSlOTIS 
DlViSlOl1 3-Piaces outside the Fiji f.\1onds 
226. Supplementarj prOVIsions as to fraudulent reception 
227. Application to places outside the Fiji Islands 
2::>8. Dema1 of copynght to persons connected WIth countries nor gl\.'1ng adequate 
protectiOn to Fiji Isiands works Division 4-ReguLations 
229. Regulations 
Division 5-1urisdictioll 
230. Jurisdiction of magistrates court 
Division 6-Repeals 
231. Repeals 
Schedule-Enactments repealed IP/NIlIFJI/C/l 
Page 11 JP /NI I1F lIICI 1 
Page 12 
ACT NO. 11 OF 1999 
I assent 
[L.S.] 
AN ACT K. K. T.MARA 
President 
[19 March 1999] 
TO CONSOLIDATE i\ND AMEND THE LA \V RELATING TO COPYRIGHT 
AND FOR RELATED MA TIERS 
ENACfED by the Parliament of the Fiji Islands--
Part I-PRELIMINARY 
Short titLe and commencement 
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 ~1inister may appoint different dates for the comnlencement of different 
provisions. 
Interpretatwn 
2.--(1) In dns Act, unless the context othef\vise requires-
"adaptation" -
(a) in re1atj'on to a literary or dranlatic work, includes-
(i) a translation of the work from one language to another; IP/NI I IFJIICI 1 
Page 13 
(ii) a version of a dramatic work in which it is converted into a literary 
work Of, 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 ITIusical work, means an arrangemen t or transcription of the 
work; 
(c) in relation to a literary work that is a computer program, mcludes 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, mcludes 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 lTIotion, with or without accompanying sounds, susceptible of 
being made visibk, und 'Nhe.re accompanied by sounds, susceptible of being 
rnade audlb1e; 
"author" has the meaning given to it by sectlOn 5; 
"authQrised~1. \vith respect to anythmg done in relation to a work, means done-
(a) by or with the licence of the copynght owner; or 
(b) pursuant to scctlon 57 or 58; 
"broadcast" n1cans a transmlSsIOn of a programme, whether or !!Gt encrypted, by 
wireless commUnICatiOn, where the transmlSSIQrt is-
(a) capable of being lawfully re~eived. in the Fiji Islands or elsewhere, by 
rnembers of the pUblic; or 
(b) for presentation to members of the public in the Fiji Islands or elsewhere; 
and "broadcasting" has a corresponding meamng; IP/N/] IFJIIC/1 
Page 14 
"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; 
"collecti ve work" means-
(a) a work of joint authorship; or 
(b) a work m 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 perfonnance or a sound recording in such 
a way that the Images or sounds can be pCiceived 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, \vithout the 
transmission. the images or sounds would not be percei vable, 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" incllldes--
(a) a compi lation consisting wholly of works or parts of works; 
rb) a compiiarion cons!st1l1g partly of works or pal1s of 'Norks: 
(c) multI-media productIOns: and 
(d) Cl ~ompi1ation of data other than \"larks or parts of works: 
"con1puter-generated", m relatIon to a work, means that the work IS generated by 
Cor.1puter lI1 Clfcumstances such that there is no human author of the work: 
"Convention country" means a country that is party to a Convention or other 
intenlational agreement relatmg to perfonners' 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; IP/N/l/FJIIC/1 
Page 15 
"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 directoi 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 estab!ishmenC' means-
(a) a tertiary institution; 
(b) a private traming institutlOn, or 
(r.:) a government trainmg Institute; 
"electronic" means actuated by electric, magrietic, electro-magnetic, electro-chemical 
or electro-mechanical ene::gy; and "in electronIc fonn" means in a form usable 
on~y by electronIc means; 
"employed" Ineans employed under a contract of service or a contract of apprenticeship; 
and "employee", "employer" and "empioyment" have corresponciing meanings; 
"excluslve licence" means a licence in wntmg, signed by or on behalf of a copyright 
owner, authonsing the licen~ee, to the exclusiOn of an other persons (including 
the copynght o\vner) to exerCIse a right that would otherWIse be exercisable 
exclusively by th(~ copYrIght ovm~r: IPINII/F JIfe/ 1 
Page 16 
"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" mciudes-
(a) any painting. drawing, diagram, map, chart, or plan; and 
(b) any engravmg, etching, lithograph, woodcut, print, or similar work; 
"infringmg copy" has the meaning gIven to it by section 12; 
"instruction" mea.flS gi ving or receiving a lesson, eit.her 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 meamng given to it by section 9; 
'Judicial proceedings" includes proceedings before any court, tribunal or person 
having authority to decide any mattci affecting a pe.rson' s legal rights {)r 
liabili ties; 
"kindergarten" means a school in which instruction is given to children between the 
ages of 3 and 6 in games. s(Ories, simple handwork and other activities ainled at 
inculcating :sood 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 practitlOner" means a person admitted as a legal practitioner under the Legal 
Practitioners Act 1996; 
"]icensing body" me~lnS Cl body of persons (whether corporate or unincorporate) that, 
as copynght o\vner or prospective copyright owner or as agent for a copyright 
owner, negotIates and grants copynght licences including licences that cover the 
works of more than one author; 
"1' ~". I ' lcensmg SCllcme mean~ a scnemc settmg out-
(a) the dasses of cases in \VhlCh the operator of the scheme, or the person on 
whose behalf the operator acts, is willing to grant a copyright licence~ afld IPINIlIFJI/C/l 
Page 17 
(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; 
"1tlinister" means the Minister responsible for the administration of this Act and 
includes the Attorney General if he or she is so responsible; 
"ministenal inquiry" includes the proceedings of a committee set up by the 
Government or a Minister to inquire into or advise on any matter; 
"rnusical 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 nlusic; 
"national archives" has the same rneaning as it has in the Public Records Act (Cap 
108); 
"photograph" means a recording of light or other radiation on any nledium on whkh 
an inlage IS produced or from which an inmge may by any means be produced, 
hut does not mclude an audio vIsual work or part ofan audio visual work; 
"plate" mcludes any stereotype, stone, block, n10:dd, nlatnx, transfer, negative, or 
other similar appliance; 
"prescribed" means prescribed J...y reguiati'ons made under thiS Act; 
"premlses"'- : .. tI.Jes bild, bUildings, Iuoveable structures! vehicles, vessels, aircraf: 
~ ... 11el hovercraft: 
"pnfDiJry school" Qeans a school 111 whIch full tIme instructIOn IS given from first 
year tc the elghth year of formal educatIOn or for any shorter peI1od; 
"proceedings" Includes El counterc1auTl: and references to the pLHntiff and to the 
defendant HI proceedings are to be const.rued accordingly; 
"'pl..1bl~c petformance" means--
(a) in the case of a work other th(1D an audiOVIsual \vork -recItmg, playing, IP/N/l/FJIIC/l 
Page 18 
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 nonnal 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 andlor 
times, and where the performance can be percei ved with ou t 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" mean~ .1 copy made by a reprographic process; 
and "rcprographic copying" has a corresponding meaning; 
"reprographic process" means a process-
(a) for makmg facsimile copies; or 
(b) involving the use of an appliance for making multIple copes; 
and includes. in relation to a work held in electronic form, any copymg by eiectronic 
Ineans; but does not include the makmg 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: IP/N/lIFn/CIl 
Page 19 
"secondary school" means a school in which full time instruction is given in general, 
technical, commercial andlor 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 nlethod 
by which the sounds are reproduced or produced; 
"special school" means a school for persons mentally or physical1y Impaired; 
"State" means the Republic of the Fiji Islands and includes every !-.'Iinistry and 
departnlent of the Government, but does not inc1ude-
(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 10 pursuance 
of a duty imposed or power conferred by or under an enactment; 
"sufficient acknowledgement"~ in relation to a work, n1eans an acknowledgement 
identifying-
(a) the work by its title or other description; and 
(b) the author of the work, un less-
(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; 
"teleconlffiunications system" meaI1S a systen1 for conveying VIsual !IT:ages. sounds, 
or other information by electronlc rnc:J.ns; 
. d - J t, " "transcnpt' means a wnttcn resor or W0fu:; SpOKen on a rccorumg: 
'~Tribunal"means the Copyrigh: Tribu.nal established by section 202: 
"unauthorised", wlth respect to anything done in relatIon to a work, means done 
otherwise thail-
(a) by or with the licence of the copynght owner; or 
(h) pursuant to sectIon 57 or section 58; IP/N/I/FJIICII 
Page 20 
"unknown authorship" has the meaning gIven to it by section 7; 
"wireless communication" means the sending of electro-magnetlc 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 fonn 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 I11eaning. 
(2) References In this Act to the time at whIch a literary, dramatic. or mUSIcal work 
]S made are to the tIme at which the work is recorded, in wnting or otherWIse. 
Assocwled defifllfLOIlS Jor purpos('s of broadcasting 
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 
lnaking the transmission or the person providing the contents of the transmission. 
(2) References in this Ac.t to a programme, In relation to broadcastl11g, are to the 
visual inlagcs, sounds, or other inforrrtation transmitted. 
(3) References m thiS Act to the person ma.king a broadcast, broadcastmg 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 lts contents; nnd 
(b) to any person proYJding the programme, ;f that person makes v.nth the 
person transmittlI1g it the arrangements necessary fOI itS transmlssion. 
(4) For the purposes of thIS :\ct, 1I1 the Case of a broadcast by satellIte transmlSSlon-
(a) the place from which the broadcast is made is the p](Jct' from which the 
slgn~ls carrymg the broadcast arc transITtitted to the ~::ltclj;!c:, and 
(h) the pcrso~ milking th~: hroadcust is the Ix'rsnI1 '~'ho tr2.i1~:!:its those signals 
to the s~tellJte. 
(5) References jn thIS Act to the reception of a broadcast mcludc reception of a 
broadcast relayed by means of a teJecornmUOlcatIOns system. Meaning of "cable programme servlce" and associated terms 
4.-(1) In this Act, unless the context otherwise requires-IP/N/I/FJI/C/l 
Page 21 
"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 
tilnes, 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; 
"transrnission 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 progranune 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 husiness where-
(1) no person except the person carrymg 011 the business is concerned 
in the control of the eCJUlpment used for the purposes of the 
telecommunications syslem through which the serVIce operates~ 
(ii) vlsualln1Jgt.'S. sounjs, or other mfonnation arc transmitted by the 
system soldy for purposes Internal to the nrnnmg of the busmess 
and not by way of rendenng a ~crVlce or prOViding amenities for 
others; and 
(iii) the Sy\h~r:l L-i not ,:onncctcd tu (iny other tel~c()mmuniciltlOns 
system: 
(c) a transTmssion s~;rVlCC run by a smgle IndIVidual whcre-
(i) all the eqL;ipment used for the purposes of the telecommunication:) 
system through \vhl('h the service 0pcrates IS under his or her 
contiD: ; JP /NIl IF JI/CI 1 
Page 22 
(ii) the visual images, sounds, or other infonnation transnlitted 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, orconnects, 
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 IY1inister to be necessary~ 
(b) repealing any exclusion and making such transitiOnal provisions 111 
relation to the repeal as appear to the ~1inister to be necessary; or 
(c) adding a new exclusion. 
(4) References lI1 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 sc;vice. 
it. Mcamng of "awl/or" 
5.-(1) For the purposes of thIS Act, the author of a work IS the per~on who creates 
(2) For the purposes of subsectIOn (I), the person who creates a work is-
(a) m 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 whorn 
the arrangements ilecessary for the making of the recording or audio 
visua1 work are undertaken ~ IPINIlIFJI/C/l 
Page 23 
(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 
programme service in which the programme is included; 
(3) The author of a work of any of the descIiptions referred to in subsection (2) may 
be a natural person or a body corporate. 
Meanmg of "\i,:ork of Joint authors/up" 
6.-(1) In this Act, "work of jOint authorship" means a work produced by the 
collaboration of2 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 ("lS 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. 
Meanmg of "unknown au.thorshIp" 
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 Identify of an author is to be regarded as unknown 
if It IS not possible for a person who \vishes to ascertain the identify of the author to do so 
by reasonable mquiry: but If that identIty IS once known it is not subsequently to be 
rtgarded as unknown. 
Meaning ,;j' "copynght owner" 
8.-( 1.) \Vhere copynght or any [lspect nf copyright is owne.d by mor~ than one person 
Jomtly, references in t~Hs ACt w the copyright owner, or to the owner of the copyright 1;': 
thl? \vork, are t;) ail O\Vners. 
(2) \Vhere differeD! persons ar~ entItled to different aspects of copyright in a \I,/ork. 
th,~ copyright. o\vner for an}' pUl1x)se of thIs Act is the. person who is entItled to the aspec~ 
of copyright relevant for that purpose. 
(3) \Vhl-'re a qUestIOn anses under tnis Act whether an object of any description ha:: 
been Imported, sold, or otherWIse dealt wlth other than pursuant to a copyright licence) the 
copyngh( owner shall be taken to be the pc::rson entitled to the copyright in respect of its 
applicatIOn to the making of objects of that dcscnptlOD In the country into which the object 
was Imponed or m \\-'hlCh It v· ... as sold or otherwlse dealt with. IP/N/l/FJI/C/l 
Page 24 
Meaning of "issue to the public" 
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) 
(b) subsequent distribution or sale of those copies; 
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 
mcludes 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. 
lrfeamng of "publicatton" 
10.-(1) In this Act, the term "publication" in relation to a work-
(a) means the issue of copies of the work lo the public; 
(b) includes, in the case of a literary, drarnatic, musical, or artistic work, 
making it availLtble to the public by means of an electronic retrieval 
system~ 
and "publisr," has a corresponding meaning. 
(2) In the case of a work of architecture in the form of a building, or an artistic work 
!I1corporated into a building, construction of the building is equivalent to publication of the 
work. 
(3) References In thIS Act to publicatIOn do not include pubiicatlOIl that is not 
mtended to satisfy the reasonable reqUIrements of the public. 
(:+) The followHlg d·;) not constItute publication for the purposes of this Act-
(a) in the case of a literary. dramatic, or n1usical work-
(i) the performance of the work; or 
(ii) the broadcasting of the work or its inclusion In a cable programme 
serVlce (otherWIse than for the purposes of an electronic retrieval 
system); (b) in the case of any artistic work­
(i) the exhibition of the work; IPlNllIFJI/C/l 
Page 25 
(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) III 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 programnle 
service. 
(5) No account IS to be taken for the purposes of thIS section of any unauthorised act. 
Meaning of "commercwl publicatLOfI" 
11. In th!s Act the term "commercial publication", In relation to a literary, dramatic. 
musical, or artistic work, means the publication of the work consistmg of-
(a) Issumg copIes of the \vork to the public at a time when copIes made In 
advance of the receipt of orders are generally available to the public; or 
(b) n!akmg the work available to the public by means of an electronic 
retneval system, 
and related expressiOns are to be constnled accordingly 
,/yfeanll1g of" lIlfnnglng COPY" 
12.--(1) In thIS Act. the teml "infringmg copy", II1 relation to a copynght work, IS to 
be construed In accordance WIth thiS sectIOn. 
(2) An object IS an infrInging copy If Its rnakmg constItutes an mfnngement of the 
copynght in the work In question. 
(3) An object that a person Imports, or proposes to import, into the Fiji IsLlnd::; lS an 
mfnngmg copy of a \vork If-I PIN/] IF JIICI I 
Page 26 
(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 mcludes acopy falling to be treated as an lnfringing 
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 ill. 
(6) In this Act, an infringing copy does not include a literary \vork or an artistic work 
that-
(a) relates to a medicine imp0l1ed 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 o\vner of the copyright in the work 
in that counlry. 
Act tv bmd the Stal{? 
13. This Act bmds the Stale. 
Part II 
DESCRIPTION, O\VNERSHIP AND DURATION OF COPYRIGHT 
Dl',,'lsion I-Description of Copyright 
Copyng/zl lfl orig/lwl works 
14.-( 1) CopYrIght is a property right that exists in accorda..llce 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; 
(j) 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 IP/N/l IF JIICI 1 
Page 27 
(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. 
Recording necessary for some works 
15.-( 1) Copyright does not exist in a literary, dramatic or musical work unless and 
until the work is recorded. in writmg or otherwise. 
(2) It is unmaterial 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 II1 
the record. as distmct from the work recorded, is not affected by anything in subsectlOn (1). 
Acts restncted by copyngJzr 
Hi.-( 1) The o\vner of the copyright in a work has the exclusive nght-
(a) to copy; 
(b) to issue copIes to the public; 
(c) to publicly perform; 
(cl) to broadcast; 
(c) to communicate to the public; 
et) to adapt, 
(2) SubsectlOn (1) applies su.bjcct to Parts IV and IX. IP /NIl IF lIfel I 
Page 28 
Division 2-Qualification for Copyright 
Qualification for copynght 
17.-{1) Copyright does not exist in a work unless the requirements of either section 
18, section 19 or section 20 are ~atisfied 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. 
Qualificatwn by reference TO author 
18.-(1) A work qualifies for copyright lf the author is, at the material time-
(a) a Fijj 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 \X/ork -a body which has it;;; headquarters in 
a prescribed foreIgn country. 
(3) Subject to subsection (4'}. a work of joint authorship qualifies fOf copynght if, at 
the material time, a.~y of the authors satisfies the requireme.nts of subsection (1) or 
subsection (2). 
(4) If a work of JOInt authorshIp qualIfies for copynght under thIS section alone) only 
those authors who satlsfy the reqUIrements of subse..--:tion (1) or subsection (2) are to be 
taken into account for the purposes of the application to that \\lork of-
(a) sectlOn 21 (whlch relates to the first ownership of copyright): 
(b) subsections (1) and (4) of section 22 (which relate to the duration of 
copyright in llterary. drarnatlc, musical, or artistic \vorks); IPlNl1lFJI/C/l 
Page 29 
( c) section 62 (which relates to acts permitted on assumptions as to the expiry 
of copyright Of the death of the author in relation to anonymous or 
peudonymous 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 Of, 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 
cab1e programme service; 
(d) III the case of a typographIcal arrangement of a published edition -when 
the edition is first published. 
Qualificatwll by reference iD country of first publicatlGtl 
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 lsiands; 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 publicatlOn elsewhere wlthm the previous 30 days IS to be treated as 
simultaneous. 
Qualificatum hy reference to place of transmzsslOn 
20.--{ 1) A broadcast qualifies for copyright If It IS made from-
(a) a place In the Fiji Islands; or 
(h) a place in a prc~cribed place outSIde the Fiji Islands. JP IN /1 IF JI/C/1 
Page 30 
(2) A cable programme qualifies for copyright jf it is sent from­
(a) a place in the Fiji Islands; or 
(b) a place in a prescribed place outside the Fiji Islands. 
First ownershlp of copynght 
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 elnployment with the proprietor of a 
newspaper, magazine, or similar periodical, nlakes a literary, dramatic, or artistic work for 
the purpose of publication In a newspaper, 111agazine, or silnilar periodical, the proprie.tor 
IS the first owner of the copynght in the work insofar as the copyright relates to-
(a) publication of the work in any newspaper, magazine, or sinlilarperiodical; 
(b) copying the work for the purpose of such publication; or 
(c) 
(4) If­
(a) 
(b) broadcasting the work. 
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 
the work is made 1Il pursuance of that commission, that person is the first 
owner of any copyright 1Il 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. 
DIVision 3-Duralion of Copyright 
DuratIOn (1 copYright ll/ liicmr),. dramatiC. mU,Heal or artlslIC works 
22.--(1) Subject to the follo\ving subsections, copyright m a literary, dramatic, 
mUSical or artistic \\'ork expIres at the end of 50 years after the end of the calendar year in 
\vhlCh the author dies. 
(2) If the \vork IS a photograph, copyright expires at the end of 50 years after the end 
of the calendar year In WhlCh the photograph is taken. IPIN/l/FJI/C/l 
Page 31 
(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 
constnled-
(i) if the identity of all the authors is kno\vn -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 
is known; and 
(b) the reference in subsectIon (5) to the identlty 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 m a work to whIch section 26 or 28 
applies. 
DuratIOn (~lcopyn.l;h! In audio V!.Hla! \1'(Jrks and sound ncordin:;s 
23.-( 1) Copynght m a suund recording or audio visual works expires at the end of 
the period of 50 years from the \;nd of the calendar year in whIch the ,,:..'ork is made, or 1') 
first made available to the public, or j~ first pUblished, whIchever is the latest. 
(2) Forthe purposes of snbsect!O;H 1). asound recording oraudio VISUal work is mad~ 
available to th~ puoiic by being--
(a) played or shown lfl public; 
(b) broadcast; or 
(c) communicated to the public. IP/N/1 IF JI/e/1 
Page 32 
DuratIOn of copyright in broadcasts and cable programmes 
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 thatis a repeat of a broadcast previously 
made. 
(4) A repeated cable programme means a cable programme previously communicated 
to the public. 
DuratIOn of copyright in typographical arrangement o[publis/zed editions 
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. 
Division 4-State Copyright 
State copyrtght 
26.-(1) \Vhere a work is made by or under the di~ection or control of the State--
(a) the work qualifies for copyright notvvithstanding section t70); and 
(b) the State is the tirst 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 suc.h copyright is assigned to another person. 
(3) State copynght explres-
(a) in the case of a typographical alTangement of a published edition -at t.he 
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 ihe 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 c.ontrol of the State, this section IPINIIIFJI/CI 1 
Page 33 
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. 
No copyrzght in certain works 
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; 
(j) a judgment of any court or tribunal. 
(2) Subsection (1) applies to works made before or aftei thIS Act comes into force. 
Copyright vestlflg tn certmn mtematwnal orgoniSQIWtlS 
28. If an original work (being a literary, dramatic, musical or artistIC work Of an audio 
visual work or sound recording) is made by an officer or ernployee of, or is published by, 
atl international organisation to which this section applies-
(a) the \vork qualifies for copyright notwithstanding section 17( 1); and 
(h) the organisation is the first owner of any copyright In the work. 
(2) The copyright of an mternatIOnal organisation under this section expires-
(a) m the case of a typographical arrangement of a published editIon -at the 
end of the period of 2.5 years from the end of the calendar year in which 
the work is made or such longer period as may be specified for tht~ 
purposes of thIS paragraph under subsection (5); 
(b) ill the case of any other work -at the end of the penod of SO years from 
the end of the calendar year m whIch the work wa') made. or such longer 
penod as may be specified for the purposes of thiS paragraph under 
subsectIon (5). 
(3) Subject to this sectlon and to any othE'f express prov151on of thLS Act, this Act 
applies !D reiatlOn 10 the copynght of an internatIonal orgfl:l1satiOn unJer this section. JP /Nil IF JI/CIl 
Page 34 
(4) An international organisation to which this section applies is be 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). 
Part III 
INFRINGEMENT OF COPYRIGHT 
Division I-Primary Infringement of Copyright 
Infringement of copyright 
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~ an.cl 
(b) either directly or indirectly, 
and it is immaterial whether any intervening acts themselves infringe copyright. 
(3) This Part is subject to Part IV. 
Infringement by copying 
30.-( I) The copying of a work is a restricted act in relation to every description of 
copyright work. 
(2) FOrihe purposes of this Act copying means, in relation to any description of work, 
means reproducing or recording the work in allY material f011n and includes-
(a) in relation to a iiterary, dramatic, musical, or artistic work -storing the 
\vork 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-dimens~onal form; 
(c) in relation to an audio visual work, television broadcast, orcable programrne 
-the making of a photograph of the whole or any substantial part of any IPIN/lIFJI/CI1 
Page 35 
image forming part of the audio visual work, broadcast,or cable 
programme. 
Infringement by issue of copies to public 
31. The issue of copies of a work to the public is a restricted act in relation to every 
description of copyright work. 
Infringement by performance 
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 programlne. 
(3) If copyright in a work is infringed by the performance, playing, or showing of the 
work in public by means of apparatu~ 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. 
Infringement by broadcasting or communication to the public 
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. 
Infringement hy making all adaptation or act done in relatic)fl to an adaptation 
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 othenvise. 
(3) The doing of a...1Y 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 liwrary, 
drmnatic, audio visual, or musical work fr0l11 which the adaptation was made. IP/N/IIFJIICI1 
Page 36 
(4) For the purposes of subsection (3), if the act done in relatioll 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. 
Division 2-Secondary Infringement of Copyright 
ImpOrll~lg mfrmgmg copy 
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. 
Possessmg or dealing with infringmg copy 
36. Copyright in a work is infringed by a person who, other than pursuant to a 
copyright licence-
(a) possesses m 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. 
Providing means for makmg mfrmgmg copies 
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; 
(e) possesses in the course of a busmess; 
(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 infnnging copies. 
(2) Copyright li1 a work is infringed by a person who, other than pursuant to a 
copyright licence, transmIts the work by means of a telecomnllmications system (otherwise 
than by broadcasting orcomrnunication to the public), knowing orhavmg reason to believe 
that infringmg copIes of the \vork will be made by rn.eans of the reception of the 
transmlssion in the Fiji Islands or elsewhere. Permitting use of premises for infringing performance IP/N/1/FJIIC/1 
Page 37 
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 pennission 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 perfonnance 
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. 
Provision of apparatus for infringing performance, etc 
39.-( I) 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 perfonnance, 
playing, or showing in public -the person had no reasonable grounds for 
believing that the apparatus would not be so used as to mfringe copyright. 
(3) An occupier of premises who gave pennission for the apparatus to be brought 
onto the premises is liable for the infringement If, pennission, was supplied, the person 
knew, or had reason to beiieve, that the apparatus was likely to be so used as to infringe 
copyright. 
(4) A person "vho supplied a copy of a sound recording or an audio V!sual work used 
to infringe copyright IS liable for the infringement if, when the copy was suppplied. the 
person knew, or had reason to believe, thm the copy so supplied, or a copy made directly 
or mdirectly from the copy ~ \vas likely to be so used as to infringe copynght. 
Part IV 
ACTS PERl\tIIT'T~BD IN RELArnON TO COPYRIGHT V/ORKS 
Division i-General 
IIlCldfmtal COP)'lf1g of copynght work 
40.-(1) Copynght in a work is not infringed by-IPlNll IF JIfel I 
Page 38 
(a) the incidental copying of the work in an artistic work, a sound recording, 
an audio visual 'York, 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 
(c) the issue to the public of copies of a sound recording, audio visual work, 
broad<;ast, 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. 
CritiCism, review and news reporting 
41.-(1) Copying a work for the purpose of criticism or review of that or another 
work, or of a perfonnance of a work, does not infringe copyright in the work if the copy 
is accompanied by a sufficient acknowledgment. 
(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 acknowledgment. 
Research or prLvate study 
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, dranlatic, or musical work that is contained- In a book by one 
author; or 
(b) a published edition that is a book by one author, IP/N/l/FJIIC/l 
Page 39 
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 anyone 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 pri vate study by an indi vidual 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 detennining, 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 fOf, or \"alue 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. 
Division 2-Education 
Exemption from copyright infringement 
43.-( 1) Copying by a school referred to in subsection (2) for the purposes of research IP/N/I/FJI/C/l 
Page 40 
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) incIudes­
(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, dralnatic, 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. 
Partial exemption/ram copyright infringement 
44.-{l) 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 orprivate 
study by an individual means copying not Inore 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 eSlabli~hlncnt may apply to the Minister for a certificate of 
exemption entitling the establishment to exemption sin1ilar to those provided pursuant to 
section 43 for a school. IP/N/1/FJI/C/l 
Page 41 
(4) In detennining. 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 ma.k:ing an audio 
visual work or audio \'isual 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. 
Perjonning, playing, or shmving H:ork ill course of activities of educational establishment 
45.--( 1) Tne perionnance of a literary, dramatic, or ITIUSlCal work before an audience 
consisting of persons who are students or staff members at a school or educational 
establishment or are directly c.onnected \vith the acti vities of the school or establishment-
(a) by a student or staff Inember in the course of the activities of the school 
or establishment; or 
(I;) at the school or e~tablishmcnt by any person forthe purposes ofinstnlctioIi. 
is not a perforrmmce in pilb1ic for rh:-; 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 programrne before an audience as described in 
subsection (1) at a school or educational establishlnent is not Cl 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. IPIN/l IFJIIC/l 
Page 42 
Recording by educational establishments of broadcasts and cable programmes 
. 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 I icence available 
of which the school or educational establishment is or should or be aware under which the 
copying can be done. 
Things done for pwposes oj examination 
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. 
Division 3-Libraries and Archives 
Prescribed libraries and archives 
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 1\1inister of 
infonnation to be a repository of archival material under section 3 
of the Libraries (Deposit of Books) Act (Cap 109); 
(iii) any collection of doctunents (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 
,uid maintajn the collection for the purpose of deri ving a profit; 
(b) "prescribed libr:-'IyH means­
(i) the Parliament1ry Library; 
(ii) a library maintained by an educational establishment, goven1ment 
department. or iDeal authority; 
(iii) any other library or dass of library prescribed by regulations made 
under section 229, not being a librarj 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. 
Copying by libraria.ns of parts of published works 
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-I PIN 11 IF JIICIl 
Page 43 
(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 i.n subsection (l) 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 matelial; 
(d) if a person to whom acopy 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 expen~es 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 iiterary work that is a computer program. 
Copying hy librarians of articles in periodicals 
50.--(1) The librarian of a prescribed library may, if the conditions contained in 
subsection (2) arc complied with, make for supply to any person a copy of-
(a) a literary, dramatic, or rnusical work, and any artistic work included in 
that \vork, contained in an article in a periodical; or 
(b) a pub1ished edition that is an article in a periodical, 
without infringing copyright in the literary: dramatic, musical, or anistic '.vork or the 
typographic(j! arrangem~nt of the pubiished edition. 
(2) The conditions referred to subsection (1) arc----
(Q) that no person is supplied on the same occasion with more than one copy 
of the same artide; 
(b) that no person is supplied on the smne occasion with copies of more than 
one article contained in the same issue of a periodical unless the copies 
supplied all relate to thc same subject matter; IP/N/I/FJIIC/I 
Page 44 
(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. 
Copying by libmrians for supply to other librarzes 
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. 
(2) The librarian of a prescribed library may, if the conditions contained in subsection 
(3) are complied with, make a copy of a literary, dramatic or musical work, and any artistic 
work included in the work, if the copy is-
(a) from a published edition that is a book; and 
(b) for supply to the librarian of another prescribed library; 
without infringing copynght in the literary, dramatic, musical, or artistIC work or the 
typographical arrangement of the published edition. 
(3) The conditions referred to in subsection (2) are that the librarian to whom thecopy 
of the work is supplied-
(a) has been unable to obtain the work at a commercial price within the 6 
months preceding the supply; 
(b) makes and keep:; a record sufficient to identify the work copied; 
(c) permIts the inspection of the record by the copyright owner during normal 
office hours; and 
(d) pays, on demand, equitable remuneration to the copyright owner for the 
work copied. 
(4) In subsection (3)( d), the term "equitable remuneration" means a sum agreed 
between the librarian and the copyright owner. IP/N/lIFJI/CI1 
Page 45 
(5) Subsections (1) and (2) do not apply to a literary work that is a computer program. 
Copying by librarians or archzvists to replace copies of works 
52.-(1) The librarian of a prescribed library or the archivist of an archive may make 
a copy of any item in the pennanent collection of the library or archive for the purpose of­
(a) preserving or replacing that item by placing the copy in the permanent 
collection of the library or archive in addition to or in place of the item; 
or 
(b) replacing in the permanent collection of another prescribed library or 
archive an item that has been lost, destroyed, or damaged, 
without infringing copyright in any literary, dramatic or musical work, in any artistic work 
included in the work or in the typographical arrangement of a published edition. 
(2) Subsection (1) applies only where it is not reasonably practicable to purchase a 
copy of the item in question to fulfill the purpose in question. 
Copying by librarians or archivists of certain unpublished works 
53.-(1) The librarian of a prescribed library or the archivist of an archive may, if the 
conditions contained in subsection (3) are complied with, copy for supply to any person 
acopy of an unpublished work in the library or archive, without infringing copyright in that 
work. 
(2) This section does not apply if the copyright owner has prohibIted copying of the 
work and at the time the copy is made the librarian or archivist making it is, or ought to be, 
aware of that fact. 
(3) The conditions referred to in subsection (1) are-
(a) that no person is supplied on the same occasion with more than one copy 
of the same work; 
(b) that if a person to whom a copy is supplied is required to pay for the 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 
library or archive; and 
(c) that there is no collective licence available of which the library or archive 
is or should be aware under which the copying can be done. 
DIvision 4-Public Administration 
Parliamentary and Judiczal proceedings 
54. Copyright is not infringed by anything done for the purposes of­
(a) parliamentary or judicial proceedings; 
(b) reporting such proceedings. IP/N/l IF lIfe/1 
Page 46 
Commissions of inquiry and statutory inquiries 
55. Copyright is not infringed by anything done for the purposes of-
(a) the proceedings of a commission of inquiry, a ministerial inquiry or a 
statutory inquiry; 
(b) reporting any such proceedings that are held in pUblic. 
(2) Subsection (l)(b) does not authorise the copying of a work that is itself a 
published report of the proceedings of a committee of inquiry, mimsterial inquiry or 
statutory inquiry. 
(3) Copyright in a work is not infringed by the issue to the public of copies of the 
report of a commission of inquiry, ministerial inquiry or statutory inqmry containing the 
work or material from It. 
Material open to public inspectIOn or on official register 
56.--(1) If materIal is open to public inspection or public reference pursuant to a 
statutory requirement, or is on a statutory register, copyright in the material is not infringed 
by the copying of the material, by or with the authority of the appropnate person, for a 
purpose that does not involve the issuing of copies to the public. 
(2) If material is open to public inspection or public reference pursuant to a statutory 
requirement, copyright is not infringed by the copying or issuing to the public or copies 
of the material, by or with the authority of the appropriate person, for the purpose of 
enabling the material to be inspected at a more convenient time or place or otherwise 
facilitating the exercise of any right for the purpose of which the re.qUlrement is imposed. 
(3) If material that is open to public inspection or public reference pursuant to a 
statutory requiren1ent, or that is on a statutory register, contains infonnatlOTI about matters 
of general scientific, technical, commercial, or economic interest, copyright is not 
infringed by the copying or issuing to the public of copIes of the matenal, by or with the 
authority of the appropriate person, for the purpose of disseminating that infonnation. 
(4) The Minister may by regu!ations provlde that all or any of subsectIOns (1) to (3), 
in such cases as Inay be specified in the regulations, apply only to copies tnarked in a 
specified manner. 
(5) The Minister may by regu lations provide that all or any of subsectIOns (1) to (3) 
apply, to the extent and with any Inodifications specIfied in the regulatIOns, in relation to--
(a) lnaterial made open to public mspectlOfl or public reference by-
(i) an international orgamsation spe.cified in the regulations; or 
(ii) a person specified in th~ regulation who has functions In the Fiji 
Islands unrier an intenlatlOnal agreement to \vhich the State is a 
party; or IP/NIlIFJI/CIl 
Page 47 
(b) a register maintained by an international organisation specified in the 
regulations, 
as those provisions apply in relatio~ to material open to public inspection or public 
reference pursua'1t to a statutory requirement or by virtue of being on a statutory register. 
(6) In this section-
"appropriate person" means a person required to make material in a register open to 
public inspection or public reference on payment of any fee prescribed by or 
under a written law or, as the case may be, the person maintaining the register; 
"statutory register" means a register maintained pursuant to a statutory requirement; 
"statutory requirenlent" means a requirement of a written law. 
Material communicated to the State in the course of public business 
57.-(1) This section applies where-
(a) a literary, dramatic, musical, or artistic work has, in the course of public 
business, been communicated to the State for any purpose, by or with the 
licence of the copyright owner~ and 
(b) a document (within the meaning of section 12 of the Official Secrets Act 
1911 (UK)) recording or embodying the work is owned by, or is in the 
custody or control of, the State. 
(2) The State may, for-
(a) the pUl])OSe for which the work was con1ffiunicated to the State; or 
(b) any related purpose that could reasonably have been anticipated by the 
copyright owner, 
copy the work, and issue copies of the work to the pUblic, without mfnngmg copyright in 
the work. 
(3) The State may not copy a work, or issue copies of a work to the public, under this 
sccnon If the work has previously been pubJished otherwise than under this section. 
(4) In subsectIOn (l) "public business" includes any activity earned on by the State. 
(5) ThIS section has effect subject to any agreement to the contrary between the State 
and the copyright owner. 
Use of copyngh: mnteno.lfor s~rvice of the State 
58.-(1) Copyright in a work is not infringed by anything done in relation to the \vork, 
by or on behalf of the State or by any person authorIsed in writmg by a government 
departmen t-IP/N/l/FJI/C/l 
Page 48 
(a) for the purpose of national security or during a period of emergency; or 
(b) in the interests of the safety or health of the public or any member of the 
public. 
(2) If an act is done under subsection (1), the State must pay reasonable remuneration 
to the copyright owner· upon terms agreed between the State and the copyright owner. 
(3) An act to which subsectIOn (1) applies does not-
(a) constitute publication of a work; or 
(b) affect the term of copyright in a work. 
Rights of third parties in respect of State use 
59.--(1) No provIsion of any assignment or licence in force between the copyright 
owner and a person other than a government department is effective to prevent any act 
being done in relation to a copyright work, if the act is done under sectIOn 58. 
(2) If­
(a) 
(b) an act is done under section 58; and 
an exclusive licence is in force in respect of the work In relation to which 
the act is done, 
the State must pay reasonable remuneration to the licensee upon tenns agreed between the 
St.ate and the licensee. 
(3) If­
(a) 
(b) a person has a nght in relation to a work by any licence other than an 
exclusive licence; and 
a payment is made, in respect of that work, under sectIOn 58 to the 
cOPYrIght owner or under subsectlOn (2) of this section to the exclusive 
licensee, 
the person is entitled to recover from the owner or exclusive licensee, as the case may be, 
such part of any paYlnent as is agreed betv;een that person and the copYrIght owner or the 
exclusive licensee. as the case may be. 
Proceedings agmnst fhe State 
60.-( 1) If an employee or agent of the State infringes copynght in a work, and the 
jnfringelnent IS committed with the authority of the State, civil proceedings In respect of 
the infringement lie against the State under the State Proceedings Act (Cap 24). but subje.ct 
to this Act. 
(2) Nothing in subsection (1) affects the rights of the State, or any person authonsed 
by a government department. under section 58. Acts done under statutory authority I P/NI lIFJI/CI 1 
Page 49 
61.-(1) If the domg of a particular act is specifically authorised by a written law, the 
doing of that act does not infringe copyright unless the written law provides otherwise. 
(2) Nothing in this section excludes any defence of statutory authority otherwise 
available under or pursuant to an enactment. 
Division 5-Literary, Dramatic, Musical, and Artistic Works 
Acts pennitted on assumptions as to expiry of copyright or death of author in relation 10 
anonymous or pseudonymous works 
62.-(1) Copynght in a literary~ dramatic, musical, or artistic work is not infringed 
by any act done at a time when, or in pursuance of arrangements made at a time when-
(a) it is not possible for a person who wishes to do so to ascertain the identity 
of the author by reasonable inquiry; and 
(b) it is reasonable to assume-
(i) that copyright has expired; or 
(ii) that the author died 50 years or more before the beginning of the 
calendar year in which the act is done or the arrangements are made. 
(2) Subsection (l)(b)(ii) does not apply in relation to-
(a) a work in which State copyright exists under section 26: or 
(b) a work-
(i) in WhiCh copyright originally vested in an international organisation 
under section 28; and 
(ii) In respect of which an order made under that section specifies a 
copynght period longer than 50 years. 
(3) In relation to 2. \vork of Joint authorship-
(a) the reference in subsection (1 )(a) to its being not possible to ascertain the 
Ident~ty of the at!thor IS a reference to the identity of any of the authors; 
and 
(b) the r,:,fei~ilce in subsec.tion (i )(b)(ii) to the author havmg died is a 
refeT,::nc~ te:' aU the 2.uthors h3 vmg died. 
use cl rt:cotyli!l1; o.f spoken w(}rds m certain cases 
63.--( 1) If a recording of spoken \-vords IS made, in writing or otherwIse, for the 
purpose of--
(a) reportmg current events; or 
(b) broad:i.lSfmg or including 111 a cable p!""cgramme service the whole or pill-t 
of the work, IPIN/1/FJI/CI1 
Page 50 
it is not an infringement of copyright in the words as a literary work to use the recording 
or material taken from it (or to copy the recording, or any such material, and use the copy) 
for that purpose, if the conditions in subsection (2) are complied with. 
(2) The conditions referred to in subsection (1) are that-
(a) the recording is a direct record of the spokcn words and is not taken fronl 
a previous recording or. frOln a broadcast or cable programlIlc; 
(b) the making-of the recording was not prohibited by the speaker and, if 
cop)Tight already existed in the work, did not infringe copyright; 
(c) the use made of the recording or material taken from It is not of a kind 
prohibited by or on behalf of the speaker or copyright owner before the 
recording was made; and 
(d) the use is by or with the authority of a person who is la\\'fully in possession 
of the recording. 
Public reading or reClTaEwn 
64.-{1) 111e reading in public or recitation in public by onc person of a reasonable 
extract from a published literary or dramatic work is not to he treated as a performance in 
public for the purposes of section 32(1), if that reading or recitation IS accompanied by a 
sufficient acknowledgment. 
(2) Copyright in a work is not infringed by the making of a sound recording, or the 
broadca~ting or inclusion in a cable programme, of a reading or recitation that pursuant to 
subsection (1) is not treated as a performance in public, iftl)e recording, hroac!ca .. 'It, or cahle 
programme consists mamly of material in relation to which it is not necessary to rely on 
that SUbSCI.::tion. 
Abstracts of scwnlific or rechrttcal {1!1lcies 
65. If an article on a scientific or tccl1nical subject is published In a periodical 
accompanied by an abstract mdicaJ.ing the contenLq of that article. it is nut an mfringement 
of copyright in the ahstract. of in the article, to copy the abstract or tu issue copies of Lhe 
~bstracl to. the public, unleSS there is a collective licence availal)Je of wIuen the copier is 
or should be ?,wiifC under whlch tile copying can be done. 
Recordings (~rf()lk ·sor:8-~ 
66.--( I) A sound nx'( lrdiI1g of H performance of a song may he mJck for the purpose 
ofinc1uding the song in an archIve maintained by a body prescribed by r':gulations under 
section 229 withuut infringing copyright in u~e words as a literary work or In Ih~ 
accompanying musical work, if the conditions in subsecOon (2) are complied with. 
(2) The conditions referred to in subsection (1) arc that---
(a) tile \vords are unpublished and of unknown-3.1ithorslllp at th~ time the 
f~c(irding is made:; IPIN/l/FJI/C/l 
Page 51 
(b) the making of the recording does not infringe any other copyright; and 
(c) the making of the recording is not prohibited by any performer. 
(3) Copies of a sound recording made in reliance on subsection (1) and included in 
an archive maintained by a body prescribed by regu1ations Inade under tllis Act may, if the 
condition contained in subsection (4) is complied with, be made and supplied by the 
archivist. without infringing copyright in the recording or the works included in it. 
(4) The condition referred to in subsection (3) is that no person is furnished with more 
than one copy of the same recording. 
RepresentatIOn of certam artlstlc works on public display 
67.-(1) This section applies to-
(a) buildings; and 
(b) works (being sculptures, Inodcls for buildings, or works of artistIc 
craftsmanship) that are pernlanently situated in a public place or in 
prem.ises open to the public. 
(2) Copyright in a work to which this section applies IS not infringed by-
(a) copying the work by making a graphJc work representing it; 
(b) copying the \vork by nlakll1g a photograph or audiovisua1 work of it, or 
(c) broadcasting. or including in a cable progralllmc. a visual image of the 
work. 
(3) Copyright is nG! infringed by thcisslJC to the public of copies, or the broadcasting 
or cOHununicHion to the public or inclusion in a cable prograll1mC, of anyttling the makIng 
of which was, under this sectIOn. not an infringement of copyright. 
S'pcr:wl t~xccpf:(Jnfmm protectIon cf literary or artls'll~ h.'orks 
68.---(1) The makmg of ailY object in 3 dimensions (including, subject to subsection 
(2). a copy in 2 dimenSIons reasonably required for t11e making or ihe object) does not 
infringe copydght in a literary or artlstic \vork. If tne "work or a copy of 11--
(e) i"offilS part 01'---
(1) a patent specificatIon t1wt is open to pub1jrinspectlO.l1 in the OffIce 
of !he Admmistralor-Gcnenil in res[.K'Ci. of a Fiji Islands patent that 
has ceased to exist: or 
(ii) a representation or SpCC1J1}i-"\"J of a design lint is open to puh1ic 
inspection in rhe Ofllc p,-'l the Admiruslrator-General in respect of 
~ de~ign for Whid1 registered protection JI1 UlcF"i.ii Islands h,~s 
ccased: ~r.J 
(b) is used fOf thi2 purpose of makj ng tIle ol)je:.=t. IP /NI lIF JI/CI1 
Page 52 
(2) Subsection (1) does not authorise-
(a) the making of a copy in 2 dimensions of an artistic work-
(i) to which subsection (1) applies; and 
(ii) that is in 2 dimensions, 
if the copy is made directly from that artistic work; or 
(b) the making of a copy ofa literary work to which subsection (1) applies, 
if the copy is made directly from that literary work. 
:Special exceptwnfrom proteCll(m of artistic work that has been applied Industrially 
69.-(1) The maldng of-
(a) any object in 3 dimensions~ or 
(b) a copy in 2-climensions reasonably required for the making of the object, 
does not infringe copyright in an artistic work, if, when the object or copy is nlade, the 
artistic work has been applied industrially, in the Fiji Islands or in any other country, by 
or with the licence of the copyright owner-
(i) in the case of a work of artistic craftsmanship -more tha.n 25 years 
before the object or copy is Dladc; 
Cii) in the case of a sculpture that is acastor pattern for an object that has 
a primarily utilitarian {unction -more than 25 years before the object 
or copy is made; 
(iii) subject to su bsection (2). in the case of any other artistic work -more 
than 25 years before the object or copy is made. 
(2) Subsection (1) does not apply to-
(a) a sculpture that is not a cast or pattern for an object that has a primarily 
utilitarian function; or 
(b) a work of architecture, being a building or a lTIode1 for a building. 
(3) Subsection (1) does not authorise the making of a copy jn 2 dimensions of an 
artistic work that is in 2 dimensions, jf the copy is made directly from that artisHc work. 
(4) For the pUffh')ses of suhsecOon (1), an artistic work is applied industrially if­
(aj more than 50 copies in 3 dilnensions are made of the work, for the 
purposes of sale or hue; 
(b) the work is copied in 3 dimensions in 1 or nlore objects manufactured in 
lengths. for the purposes of sale or h.ire~ Of 
(c) the work is copied cLI:) a plate that has been used to produce-
(i) more than 50 copies of an object in 3 dinlcnsions for the purpose of 
sale or hire; or IP/N/l/FJI/C/l 
Page 53 
(H) one or more objects in 3 dimensions manufactured in lengths for the 
purposes of sale or hire. 
(5) For the purposes of subsection (4), 2 or more copies in 3 dimensions that are of 
the same general character and intended for use together arc a single copy. 
Special exception from protectIOn of literary and artistic works relating Co medicines 
70. The copying, adaptation or publication of a literary work or an artistic work does 
not infringe copyright in that work if the work-
(a) relates to a medicine that has been imported by the State pursuant to 
sections 2 and 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. 
Making of subsequent works by same artist 
71. If the author of an artistic work is not the copyright owner, the author does not 
infringe copyright in that work by copying the work in making another artistic work, if the 
main design of the earlier work is not repeated or imitated. 
ReconstructIOn of buildings 
72. Anything dnne for the purposes of reconstructing a building dOeS not infringe 
copyright--
(a) in the building; or 
(b) in any drawings or plans in accordfllcc with which the building was, by 
or with the licence of the copyright av/ncr, constructed. 
Division 6-Computer Programs, Sound Recordings, mul Audio Visual H!orks 
Rental by edliCailorzaJ establishments llnd lihrm I('.S 
73. Copyright in a work (being a computer progranl. sound recording, or audio visua1 
\vork) is not infringed 'by tJ1t~ rental of that work to any person by :.m educational 
establishment or a prescribed library wiUlin lhe meaning of section ~0 If--
(a) the educational establishlnent or prescribed library dOeS not effect th;~ 
rental of the work for the purposes of nlaking a profit; and 
(b j the work that is the subject of Ll-)c rental has prevlously h~en put mln 
circulation with t1'1c licence of the copyright owner. 
Back-up ropy ,-~r computer program 
74.-(1) Subject to subsection (3), copyright in a con1puter prograIll is not infringed 
by the lnaklng of a copy of the computer program if--IP/N/1/FJIIC/l 
Page 54 
(a) the copy is made by or on behalf of the lawful user of the copy of the 
program (in this section referred to as the '\)riginal copy") from which the 
first-mentioned copy is made; 
(b) the copy is made solely for the purpose of being used by or on behalf of 
the lawful user of the original copy instead of the original copy if the 
original copy is lost, destroyed, or rendered unusable; and 
(e) there is no collective licence available of which the lawful user is or 
should be aware under which the copy can be made. 
(2) If an original copy is lost, destroyed or rendered unusable, a copy made pursuant 
to subsection (1) is to be deemed for the purposes of this section to he the original copy. 
(3) Subsection (1) does not apply to the making of a copy of a computer program-­
(a) from an infringing copy of the computer prograln; or 
( b) contrary to an express direction by or on behalf of the owner of the 
copyright in the computer progratn gi ven to the lawful user ofthe original 
copy not later than the time when the lawful user of the original copy 
acquired that original copy. 
(4) Foe the purposes of this section--
(a) a reference lo a copy of a conlputer progranl is a reference to any ohject 
in which the progranl is reproduced in a material form; ~lJ1d 
(b) a reference to an express direction, in relation to a copy of a computer 
program, includes a reference to a clearly legible direction printed on the 
copy or on a package in which the copy is supplied. 
PlaYing n/sound recordings for pllrpose.r of cluh, SOCiety, ('[c. 
75.-(1) It is not an infringement of copyright in a sound recording to play the sound 
recording as part of the activities of, or for me benefit of, a club, society. or other 
orgwJsation, if the conditions contained in subsecHon (2) are complied with. 
(2) TIle conditions referred to in subsection (1) arc--
(a) that the club. society or organisation is not cstabHshcd or conducted for 
profit; 
(b) that the main ohjects oftl1e cluh, society, or organisation are charilable or 
are otherwise. concerned with the advancement of religion. educa.tion, or 
social welfare; and 
(e) that the proceeds of any chm"ge for admission to the place where the 
recording is to be heard are applied solely for the purposes of the duh. 
society or organisation. Division 7-Broadcasts and Cable ProgramJnes 
Recording for purposes o/time shifting IP/N/lIFJI/C/] 
Page 55 
76.--(1) The making for private and domestic use of a recording of a broadcast or 
cable programme solely for the purpose of enabling the recording to be viewed or listened 
to at a more convenient time does not infringe copyright in the broadcast or cahle 
progranune or in any work included in the broadcast or cable programme. 
(2) A recording that is-
(a) made under subsection (1); and 
(b) retained for any longer than is reasonably necessary to enahle the 
recording to be viewed or listened to at a Inore convenient time, 
infringes copyright in the broadcast or cable programme recorded and in any work 
included in the recorcling, and is to be treated as an infringing copy. 
Incidental recording for purposes of broadcast or cable programme 
77.--(1) TIlis section applies where, under an assignment or licence. a person is 
authorised to broadcast or include in a cable prograInme service-
(a) a literary, dramatic, or musical work, or an adaptation of such a work; 
(b) an artistic work; or 
(c) a sound recording or audio visual work. 
(2) Where tI~is section applies, the person so authorised Inay, if the conditions 
contained in subsection (3) are conlplied with, do or authorise the doing of any of the 
fonowing for the purposes of the broadcast or cable progrannne-
(a) in the case of a literary, dramatic, or Dlusical work, or an adaptation 01 
such a work -copy tile work or adaptation hy making a sound recording 
or audio visual \-vork of the work or adaptation; 
(b) in flie case of an artistic work -copy the work by tiling a photograph or 
making an audio visual v/ork of the \vork; 
(c) in the case of a sound recording or an audio vIsual work -make a copy l)i 
Lh.e recording Of audio visual work. 
(3) 111e conditiolls referred to in subsection (2) are-
(a) that the recording, audio visual work. photograph, or copy is not used .tor 
any other purpose; and 
(b) th.at the recording, audio visual work. photograph, or copy is destroyed 
within 6 monU1S of being first used for broadcasting the work (if, as the 
case Inay be, including the work in a cable programme, unless the 
tvfinisref haS aULhorised the prcscn!ation or any recording. audio vL';;:jal IP/N/l/FJIIC/I 
Page 56 
work, photograph or copy in the records of a government department or 
in the national archi ves because of its documentary character or exceptional 
importance. 
(4) A recording, audio visual work, photograph, or copy made In accordance with 
this section is to be treated as an infringing copy-
(a) for the purposes of a.ny use in breach of the conditIOn cont.ained in 
subsection (3) (a); and 
(b) for all purposes after either of the conditions contained In subsectIOn (3) 
is broken. 
Photographs of releVISlOn broadcasts or cable programmes 
78. Copyright In-
(a) a television broadcast or cabJe programn1e; or 
(b) any audio visual work included in that broadcast or programme, 
is not infringed by the copying for pri vate and domestic use of the whole or any part of an 
image fonning part of the television broadcast or cable programme by-
(i) the taking of a photograph of the irnage; or 
(ii) the making of a copy of such a photograph. 
Free public plavrng or .'Ihowll1g of broadcast or cable programme 
79.-( 1) The playing ID public or showing in public of a broadcast or cable progranmle 
to an audience which has not paid for admission to the place where the broadcast or cable 
programme is to be heard or seen does not infringe any copyright in-
(a) the broadcast or cab1e programme; or 
( b) any sound recording or audio visual work included'In the broadc3st or 
programme. 
(2) For the purposes of subsection Cl) an audience lS to be treated as havmg paid for 
admission to a place 11'-
(a) members of the audience have paid for admission to a place of which that 
place forms part; 
(b) goods or serVIces are supplied at that place, or at a piacc of whid~ that 
place forms part at prices-
(i) that are substantial1y attributable to the faciiities afforded for 
hearing or seeing the broadcast or cable programme; or 
(ii) that exceed those usually charged there and that are partly attributable 
to those facilities; or 
(c) If the place, IS a hotel, motel, camping ground or s!lnilar place and the IPINIlIFJI/C/l 
Page 57 
audience consists of persons residing at the hotel, nlotel, camping ground 
or place. 
(3) For the purposes of subs~tion (1) the following are not to be treated as having 
paid for admission to a place-
(a) persons admitted as residents or inmates of a place (other than a hotel, 
motel, or camping ground); 
(b) persons admitted as members of a club or society where the payment is 
only for membership of the club or society and the provision of facilities 
for hearing or seeing broadcasts or cable programmes is only incidental 
to the main purposes of the club or society. 
(4) If the making of the broadcast or inclusion of the programme in a cable 
programme service was an infringement of the copyright in a sound recording or audio 
visual work, the fact that the broadcast or progralnme was heard or seen in public by the 
reception of the broadcast or cable progranlnle must be taken into account In assessing the 
damages for that infringement. 
ReceptIOn and re-transmisswn of broadcast In cable progrumme scn'lce 
80.-(1) This secuon applies where a hroadcast made frOBl a place in the Fiji Islands 
is, by reception and Immediate re-transmission, included in a cable progranllne service. 
(2) Where thIs section applics-
(a) copyright in the broadcast is not infringed if and to the extent that the 
broadcast-
(i) lS made for reception in ti'1e area in which the cahle programme 
s~r\,lce is pruvidcd~ and 
(ii) is not a satellite u:a...'l.smission or an encrypled transmIssion; 
(b) copyright In any \-vork included in the broadcast IS not li1fringed if and to 
tlle cxtem that the broadcast is made for reception in the 8rea 111 which the 
cable programme service is provided; 
(c) where the making of the broadcast \.vas an infringement of the copyright 
in any work included II1 the broadca.st. the fact that Lne broadcast was 
rctrali:c;mllted as a prograrnme in a c8blc progrmnme SerVICe is to be taken 
lnto 3ccnunt l!1 a.ssessing the damages for that infrlIlg;:;rnenL 
(3) Th..is section does not apply if or to the extent ll1at a 1iC~f;,~c authorismg the 
reception and immediate re-transmission of a broadcast is availahk' under a licenSing 
scheme to the person providing tile cetbic programme service and the; re~:'(1D prOVIding tIle 
cable programme serVlce knew or ought to have known tl1at fact. IP/N/lIFJIIC/l 
Page 58 
Provlsion of subtitled copies of broadcast or cable programme 
81.-(1) A body prescribed by regulations made under this Act may, for the purpose 
of providing people who are deaf or hard of hearing, or physically or mentally disabled in 
any other way, with copies that are subtitled or otherwise modified for their special needs, 
make copies of television broadcasts or cable programmes and issue copies to the public, 
without infringing any copyright in the broadcasts or programmes or works included in 
those broadcasts or programme. 
(2) A body must not be prescribed for the purposes of subsection ( 1) if it is estab lished 
or conducted for profit. 
Recording for archival purposes 
82.-(1) A recording of a broadcast or cable programme of a class prescribed by 
regulations made under this Act. or a copy of such a recording, may be made for the purpose 
of being placed in an archive maintained by a body prescribed by regulations made under 
section 229 without infringing copyright in the broadcast or programme or in any work 
included in the broadcast or progranlme. 
(2) A body must not be prescribed for the purposes of subsection (1) ifit is established 
or conducted for profit. 
Division 8--Adapllltwns 
AdaplallOns 
83. An act tl"lat under this Act may be done without infringing copyright in a literary, 
dramatic, or musical work does not, if that work is an aclaptation. infringe any copyrigh,t 
in the work from which tllC adaptation was nlacte. 
DivislOll 9-Subsequent Dealings 
Sulm:qucnl dealings with copies made under [his PW1 
84.-( 1) If a copy that would otherwise be an infringing copy is made in accordance 
with any of the provisions of this Act referred to in subsection (2) butis subsequently dealt 
with, it must be treated as an infringing copy for the purposes of Lhat dealing and. if that 
dealing infringes copyright, for all subsequent purposes. 
(2) TIle pnlvlsions referred to in subsection (1) arc-
(a) section43 (which relates 1"0 copying by educational establishments for the 
purposes of research or private study): 
(b) section 44 (which relates to copying in the course of Instruction): 
(c) sectjon 46 (which relates to recording by educational establishments of 
broadcasts and cable progranlmes); 
(d) scction47 (v.:hichrelates to things done for the ptLrposcs of an ex an un at ion); IP/N/} IF JIIC/l 
Page 59 
(e) section 49 (which relates to copying by librarians of parts of puhlished 
works); 
(f) section 50 (which relates to copying by librarians ofarticles in periodicals); 
(g) section 51 (which relates to copying by librarians for supply to other 
libraries); 
(h) section 52 (which relates to copying by librarians or archivists to replace 
copies of works); 
(i) section 53 (which relates to copying by librarians or archivists of certain 
unpublished works); 
(j) section 58 (wl1jch relates to use of copyright nlatcrial for Ll1e service ofthe 
State); 
(k) section 74 (which relates to back-up copy of computer programs); 
(I) section 76 (which relates to recording for the purposes of time shifting). 
(3) In subsection (1), the ternl "dealt with" means-
(a) sold or let for hire in the course of a business or oUlerwise; or 
(b) offered or exposed for sale or hire in the course of a business. 
Part V 
MORAL RIGHTS 
DivIsion i-Right to be Identlfied as Author or Director 
Right to he Idefl!ijied os aUJhor or director 
85.--{ 1) Subject to section RT-
(a) the author of a literary, dran1atic, rnusical, or artistic work that is a 
copy~jght \vork has the right to he identified as the author ofthe work; and 
(b) ~he diredor of an audiovisual work '-hat is a copynght work has tile fIght 
to be identific~i as the director of tile work, 
in the C1fcumsrances described in tiils ~~ctJon. 
(2) TIle author ora literary work (othcrtJ1an words intended to he sung or spoken \vill~ 
music) or of a dramatic work has the right to he idclltHlecl as the author of the \vor;'" 
whenever-
(a) the '.vork is published commercIally, performed in pubJic. broadcast (i[ 
includedln a cable program, or 
(b) copies of an audiD visual work or sound recording including the work arc 
ls:)Ued to the public. TPINIl IF JIIC/I 
Page 60 
(3) The author of-
(a) a literary work (other than words intended to be sung or spoken with 
music); or 
(b) a drrunatic work, 
from which an adaptation is made has the right to be identified as the author of the work 
from which the adaptation is made whenever any of the events described in subsection (2) 
occurs in relation to-the adaptation of the work. 
(4) The author of a musical work, or of a literary work consisting ofword~ intended 
to be sung or spoken with music, has the right to be identified as the author of the work 
whenever-
(aj the work is published commercially; 
( b) copies of a sound recording of tile work are issued to the public; 
(c) an audio visual work the sound track of which includes the work is shown 
in public; or 
(d) copies of such an audio visual work are issued to the public. 
(5) The author of-
(a) a musical work; or 
(b) a literary work consisting of words intended to be sung or spoken wIth 
music, 
trorn which an adaptation is made has the right to be identified as the author of the work 
fro111 which the adaptation is made whenever any of the events described in subsection (4) 
occurs in relation to the adaptation of the work. 
(6) The author of an artistic work has the right to be identified as the author of the 
work whenever-
(a) tlle work is published commercially or exhibited in public: 
(b) a visual image of the work is broadcast or COfl1111unicated to the public; 
(c) a public performance is given of an audio visual im:lg~ (..\f the work: 
(d) in the case of an audio"visual work -copies are issued to the public: 
(e) in L~e case of a sculpture, a \vork of architecture in tile form of a building 
or a mr,dcl for a building, or a work of artistic craftsmanship -copies of 
a graphic work representing the work. or of a photograph of the work. are 
issued to t.he public. 
(7) The author of a work of architeclure in the form of a building has tile right to be 
identified as such on L1.e building as constructed or, ifmore than one building IS construcfed 
to the design. on the tirst to be constrllCtec. IP/N/IIFJI/C/l 
Page 61 
(8) The director of an audio visual work has the right to be identified as the director 
of the work whenever-
(a) the work is shown in public, broadcast, or included in a cable programme; 
or 
(b) copies of the work are issued to the public. 
Content of right to be identified 
86.--(1) The right conferred by section 85 on an author or director is the right­
(a) in the case of commercial publication or the issue to the public of copies 
-of an audio visual work or sound recording-
(i) to be identified clearly and reasonably prominently in or on each 
copy; or 
(ii) ifidentification in or on each copy is not appropriate, to be identified 
in some other manner likely to bring the identity of the author or 
director to the attention of a person acquiring a copy; 
(b) in the case of identification on a building -to be identified by appropriate 
nleans visible to persons entering or approaching the building; 
(c) in any other case -to be identified clearly and reasonably prominently in 
a manner likely to bring the identity of the author or director to the 
attention of a person seeing or hearing the perfornlance, exhibition, 
showing, broadcast, or cable programme. 
(2) For the purposes of subsection (1), any reasonable fornl of identification may he 
used. 
ExceptIOns to right to be Identified 
87.-( 1) The right conferred by section 85 (in this section called "the right") is subject 
to the exceptions set out in tIus section. 
(2) The right does not apply in relation to-
(a) a cOlnputer progranl; or 
(b) a computer generated work. 
(3) The right is not infringed by an act that would not infringe copyright in the work 
under-
(a) section 40 (which relates to the incidental copying of a work in an artistic 
work, sound recording, audio visual work, broadcast, or cable program); 
(b) section 41 (which relates to cIiticism, review and news reporting); 
(e) section 47 (whi ch relates to lhings done for the purposes of an examination); IP/N/l IF JIIC/1 
Page 62 
(d) section 54 (which relates to parliarnentary and juilicial proceedings); 
( e) section 55 (which relates to commissions of inquiry and statutory inquiries); 
(/) section 62 (which relates to acts pernlitted on assumptions a~ to the expiry 
of copyright or the death of the author in relation to anonymous or 
pseudonymous works). 
(4) The right does not apply in relation to any work made for the purpose of reporting 
current events. 
(5) The right does not apply in relation to tlle pubHcation in­
(a) a newspaper, magazine, or sinliIar periodical; or 
(b) an encyclopedia, dictionary, year-book, or otllcr collecUvc work of 
reference, 
of a literary, dramatic, musical, or artistic work made for the purposes of such publication 
or Inade available with the consent of the author for the purposes of such publication. 
(6) Thc right does not apply to any act done by or with the licence oft1le copyright 
owner in relation to a work in which copyright first vested in ti1e author's employer under 
section 21 (2) or in the director's employer under section 5(2)(b) if-
(a) the author or director cannot readily be identit1ed at the time of the act; or 
(b) in the case of a literary. dran1atic, musical. or artistic work-
(i) more than 2 persons were involved in the creation of the work and 
It is impracticable at the tirne of the act lo ident!fy the respective 
contributions of each person to the work; arid 
(ii) the authors have not previously been identified in or on published 
copies of the work. 
(7) TI1e right dc~s not apply in rdation to--
(a) a \vOIk l11 which State copyrjght exists under sccHon 26, nr 
(b) a work in which copyright tIrsl vested in all internattnnal organisa!ion 
under $I.:ction 28, 
unless the author or director has prevIOusly h~en identified as such in or on puhlished 
copies of the work. 
Division 2-Rlght to Object to Derogatory Treatment of H'ork 
RighllO object [0 tierogarory l"rcarmenl a/work 
88.-(1) For the purposes of [11is section and section 89-
(a) U1C term "ireatlnent" of a work means any addition w. u::letioll from, 
altt.:'(3;l0!1 to or adaptalion of th.e work~ othe:-tllan--(i) a translation of a literary or dramatic work; or IPINIl/FJI/CIl 
Page 63 
(ii) an arrangement or transcription of a musical work involving no 
more than a change of key or register; and 
(b) the treatment of a work is derogatory if, whether by distortion or 
mutilation of the work or otherwise, the treatment is prejudicial to the 
honour or reputation of the author or director, 
and in the following provisions ofthls section any reference to a derogatory treatment of 
a work is to be construed accordingly. 
(2) Subject to section 90-
(a) the author of a literary, dramatic, musical, or artistic work that is a 
copyright work; and 
(b) the director of an audio visual work that is a copyright work, 
has the right not to have his or her work subjected to a derogatory treatment. 
Content ofnght to object to derogarory treatment 
89.-(1) In the case of a literary, dramatic, or musical work, the right conferred by 
section 88(2) is infringed by a person who-
(a) publishes commercially, performs in public, broadcasts or includes in a 
cable program a derogatory treatment of the work; or 
(b) issues to the puhlic copies of-
(i) an audio visual work or sound recording of; or 
(i1) an audio visual work or sound recording that includes, 
a derogatory treatment of tl-)e work. 
(2) In the case of ,ill m11sUc work, the right conferred by section R8(2) IS infringed hy 
a person who-
(aj publishes commercially or exhlhits in public a derogatory treaune u{ of 
the wor~, or broadcasts or includes in a cable program a VIsual image of 
a cierogatory treatment of the work~ 
(b) s}-to\.vs tn puhlic an audio visllaJ work that inc1Uc1r?~ a visual image of a 
derogatory trcaLrnent of the work or issues to t1~ public copies of such an 
audio visual work~ or 
(c) lrrthccascof-
0) 
(ii) 
(iU) a sculpture; 
a \vork of architecturf<jn the form of a model foz a building; or 
a work of artistic ~faft')manship, IP/NI I IF JIIC/1 
Page 64 
issues to the public copks of a graphic work representing, or of a photograph of, a 
derogatory treatn1cnt of the work. 
(3) Subsection (2) does not apply to a workof architecture in the form of a buildine, .... 
but if the author of such a work is identified on the building and it is the subject of (5) 
derogatory treatment the author has the right to require theidentification to be removed. 
(4) In the case of an audio visual work, the right conferred by section 88(2) is infringed 
by a person who-
(a) shows in public, broadcasts or includes in a cable progr:un a derogatory 
treatnlent of the audio visual work; 
(b) issues to the public copies of a derogatory treatment of the audio visual 
work; or 
(c) along \vith the audio visual work-
(i) plays in public, broadcasts, or includes in a cable program; or 
(ii) issues 10 the public copjes of, 
a derogatory treatment of lhe sound-track of the aUt.iio visual work. 
(5) TIle right. conferred by section 88(2) extends to the treatment of parts of a \vork 
resulting from a previous treatment by a person other than the author or director of the 
work, if those parts' are attributed W, or arc likely to he regarded as the work of, the author 
or director. 
(6) The righl cODlcrn:d hy section 8R(2) is infringed by a person who, in the course 
uf a business--
(0) possesses; 
(b j sells or kts for hire; 
(c) offers or exposes for sale or hire; or 
(d) exlljbits in puhlic or distributes, 
:in object Lhat is, and lh~it the person knows or hLL'1 reason to believe is. 011 hrrjnging ohject. 
(7.) In suhsection ((;) tll:': ternl "infringing object" means a work, Uf ~: copy of a \l,'ork 
(aJ h~iS heen subjected to derogatory treatment; and 
(b J Ius hccn, or is Ekely to be, the suhject of any ofLhe acts (~cscribcd in this 
secliun in circumstances infringing tl1C right confclTl'u h:: se.ction 8S(2). 
(8) 1l1C right conferred by s{:nion f:S(2) is infringed by a perSC}Jl who does an act 
described in subsecLion (I). (2), (4) or (6) or who authorises another person to dn such an 
act. Etceptions to right to object to derogalory treatmenc IP/N/lIFJIIC/l 
Page 65 
9O.-(1) The right conferred by section 88 is subject to l'1e exceptions set out in tilis 
section. 
(2) The right does not apply to­
(a) a computer program; or 
(b) a computer-generated work. 
(3) The right does not apply in relation to any work made for the purpose of reporting 
current events. 
(4) The right does not apply in relation to the publication, in­
(aJ a newspaper, magazine, or similar periodical; or 
(b) an encyclopedia, dictionary, year-book or other collective work of 
reference, 
of a literary, dramatic, musical, or artistic work made for the purposes of such publication 
or made available with the consent of the author for the purposes of such publication. 
(5) 1ne right does not apply in relation to any subsequent exploitation elsewhere, 
without any moditication of the published version, of a work tll which subsection (4) 
applies. 
(6) The right is not infringed by an act that, under section 61, would not infringe 
copyright. 
(7) The right is not infringed by any act done for the purpose of-
(a) avoiding the commission of an offence; or 
(b) complying with a duty imposed by or under an enactment, if-
0) v/here the author or director is identified at the time of the act. -t.herc 
is a clear and reasonably prom..inent indication, given at the time (le 
tlie act and appearing with the identification, that the \vork has bcen 
.subjected to treatment to which the author or director l1a.'i Dot 
consentf~d; or 
(ii) where tI1c author or director has previously been identified in or un 
published copies of the work -there is a clear and reasonahly 
prominent indicaUon, gi yen at the time of the act, that the worK has 
ocen suhjected to treaLl1ent to which the author or director has nut 
consented. 
(8) The right doc;s not apply to any act done, by or with tile licence of the copyright 
owner, in relation to-IP/N/l IF JIICIl 
Page 66 
(a) a work in which copyright first vested in the autho( s employer under 
section 21 or in the director's employer under section 5(2)(b) or-
(b) a work in which State copyright exists under section 26; or 
(c) a work in which copyright first vested in an international organisaHon 
under section 28, 
unless the author or director-
(i) is identified at the time of the act; or 
(H) has previously been identified in or on published copics of the work. 
(9) If the right applies under subsection (8), the right is not infringed if--
(a) where the author or director is identified at the time of the act -there is a 
clear and reasonably prominent indication, given at the time of the act and 
appearing with the identHlcation, that the work has been subjected to 
treatment to which the author or director has not consented; or 
(b) where the author or director has previously been identified in or on 
published copics of the work -there is a clear and reasonably prominent 
indication, given at the time of the act, that the work has been subjected 
to treatment to which the author or director has not consented. 
Division 3-False Attribution 
False aItribuciofl (if idenlity of author or director 
91.-(1) In this section, the term "attribution", in relation to a literary, dramatic, 
musical or artistic work or an audio visual work, nlCans an express or implied statement 
as to the identity of the author of the work or the director of the audio visual work. 
(2) A person has the right-
(a) not to have a literary, dnunatic, nmsical, or artistic work falsely attributed 
to him or her as aut1lOr; and 
(h) not to have an audio visual work falsely attributed to llim or her JS 
director. 
(3) The right conferred by subsection (2) is inti"inged by a person who­
(a) issues to the puhllc copies of---
0) a literary, dramatic, musical, or artistic work; or 
(ii) an audio visual work, 
in or on which there is a fahe attribuHon; or 
(b) exhjbHs in pubUc--
0) an artistic \vork; or (H) a copy of an artistic work, IP/N/l IFJI/CI 1 
Page 67 
in or on which there is a false attribution, knowing, or having reason to believe, that the 
attribution is false. 
(4) The right conferred by subsection (2) is infringed by a person who-
(a) in the case of a literary, dramatic, or nlusical work-
(i) performs the work in public; 
(ii) broadcasts the work; or 
(iii) includes the work in a cable progranl, 
accompanied by a false attribution; or 
(b) in the case of an audio visual work-
(0 shows the audio visual work in public; 
(ii) broadcasts the audio visual work; or 
(Hi) includes the audio visual work in a cable program, 
accumpanied by a false attribution, knowing, or having reason to believe, that the 
attribution is false. 
(5) TIle right conferred by subsection (2) is infringed by--
(a) the issue to the public; or 
(b) the public display, 
of 11laterial containing a false attribut.ion in connection wiL1. any of the acts referred to in 
subsection (3) or (4). 
(6) The right c.onferred by subsection (2) is infringed by a person who, in the course 
of a business-
(0) possesses a copy of--
(1) a literary, dramatic, musical, or artistic work; or 
(ii) an audio visual work, 
iD or on which there is a false attribution; 
(lJ) sells or lets for hire, ofi:ers or exposes for sale or hire, exhibiTS in public, 
or distributes a copy of--
a literary, dramatic, musical, or artistic work; or 
(ii) an audio visual \vork, 
in or on which there is a foJsc attfibution~ or 
(c) in the case of an artistic work. possesses the work when tl1ere is a false 
attrihution in or on the work; or I PIN 11 IF JIICI1 
Page 68 
(d) sells, or lets for hire, offers or exposes for sale or hire, distributes, or 
exhibits in public an artistic workin oron which there is a false attribution, 
knowing, or having reason to believe, that there is such an attribution and that the 
attribution is false. 
(7) The right conferred by subsection (2) is infringed by a person who does an act 
described in this section or who authorises another person to do such an act. 
False representatIOn as to literary, dramalic, or musical work 
92.--{ 1) In this section, the term "representation", in relation to a literary, dranlatic, 
or musical work, means an express or implied statement as to the work being an adaptation 
of a work by a particular author. 
(2) A person has the right not to have a literary, dramatic, or musical work falsely 
represented as being an adaptation of a work of which the person is tJ1e author. 
(3) The right conferred by subsection (2) is infringed by a person who issues to the 
public copies of a literary, dramatic or musical work in or on which there is a false 
representation knowing. or having reason to believe, that the representation is false. 
(4) The right conferred by subsection (2) is infringed by a person who performs in 
public. broadcasts or includes in a cable program a literary. dramatic or musical work 
accompanie.d by a false representation knowing, or having reason to believe, that the 
representation is false. 
(5) 111c right conferred by subsection (2) is infringed by-
(a) the issue to the public~ or 
(b) the public display, 
of material containing a false representation in connection with any act mentioned in 
subsection (3) or (4). 
(6) The right conferred by subsection (2) is infringed by a person \Vho.ln the course 
of a business----
(a) possesses a copy of a hterary, cirmnatic or musical werk, 111 or on whit!l 
(here is a false representation; or 
(b) sells or lets for h.ire~ offers or exposes for hire, distributes or exhibits in 
public a copy of a literary, tiramatic or musical work In O[ on which tllere 
is a false representaUon, 
knowing, or having reason to believe, that u~erc is such a representation and that the 
representation is false. 
(7) l"nc nght conferred by subsection (2) is infringed by a person who does an act 
describeu in this section or WflU authorises anoUler rx~rson to do such an act. False representaJion as to artistic work IP/NIlIFJIIC/l 
Page 69 
93.--(1) In this section, the tenn "representation" means an express or implied 
statement as to a matter referred to in paragraph (a), (b) or (c) of subsection (2). 
(2) The author of an artistic work has the right-
(a) not to have the work falsely represented as the unaltered work of the 
author if the work has been altered after the author parted with possession 
of the work; 
( b) not to have a copy of a work that has been altered after the author parted 
with possession of the work falsely represented as a copy of an unaltered 
work of the author; and 
(c) not to have a copy of an artistic work falsely represented as being a copy 
made by the author of the artistic work. 
(3) ll1e right conferred by subsection (2) is infringed by a person who exhibits in 
public an artistic work, or a copy of an artistic work, as the case n1ay be, in or on which there 
is a false representation knowing. or having reason to believe, that the representation is 
false. 
(4) The right conferred by subsection (2) is infringed by­
(a) the issue to the public; or 
(b) the public display, 
of material containing a false representatjon in connection with any act referred to 
sl.!bsection (3). 
(5) 'IDe right conferred by subsection (2) is infringed by a person wllo. in the course 
of a business---
(a) pos~esses an artistic work or a copy of an artistic wor k. as the case may 
he. In or on which there is a false represent.ation~ or 
(b) sells or lel~ for hir-e, offers or exposes for sale or hire, distributes. or 
exhirJlts In public an artistic work O[ a copy of an anistlc \vork, as the case 
may be, in or on \vl11cll there is a false representation, 
knowing1 or having rcx~on to believe, there is such a rcpresemauon and that the 
representation is false, 
(6) The right conferred by subsection (2) is infringed by a person who does an act 
described in thjs sectlon or who aUL'1oriscs another person to do such an act. 
Dn'lsion 4-Right to Privacy of Cerlam Photographs (lnd AudiovlslUIl "lorks 
Righi to pnvacy of certaIn plwrographs and OwliOVI.nwl \vorks 
94.--( 1) A. person v.'ho, for pr.ivate and domestic purposes, commissions the taking IP/N/llFJI/C/1 
Page 70 
of a photograph or the making of an audio visual work has, where copyright exists in the 
resulting work but is owned by some other person, the right-
(a) not to have copies of the work issued to the public; 
(b) not to have the work exhibited or shown in public; and 
(c) not to have the work broadcast or included in a cable program. 
(2) Subject to subsection (3), the right conferred by subsection (1) is infringed by a 
person who does an act of the kind described in paragraph (a), (b) or (c) of subsection (1). 
(3) The right conferred by subsection (l) is not infringed by an act that would not 
infringe copyright in the work under-
(a) section 40 (which relates to the identical copying of a work in an artistic 
work, audio visual work, broadcast or cable program); 
(b) section 54 (which relates to parlirunentary and judicial proceedings); 
(c) section 55 (which relates to c.omnnssions of inquiry and statutory 
inquiries); 
(d) section 61 (which relates to ac.ts done under statutory authority); or 
(e) section 62 (which relates to acts permitted on assumptions as to expiry of 
copyright on the death of the author in relation to anonYl1l0US or 
pseudonymous works). 
(4) The right conferred by subsection (1) is infringed by a person \\'ho does an act 
described in subsection (2) or who authorises another person to do such an act. 
DivisIOn 5-Supplementary Provisions 
Duratwn afrlghts 
95.-(1) The rights conferred by the foilawing sections expire when the copyright 
in any work that is the subject of the right expires-· 
(a) section 85 (which relates to the right lo be identil1ed as author or director); 
(b) secuon 88 (which relates to the right to ohJect 10 derogatory treatnlent of 
a \-'lork); 
(c) section 94 (which relates to tl1C right. to privacy of certam photographs 
and audio visual works). 
(2) The rights conferred by the following sections expire at the end of 20 years after 
the end of the calendar year in which the person who is entitled to the nght dies-
(a) section 91 (wh.ich relates to the false attribution oftheldentity of an author 
or director); IPIN/l/FJI/CIl 
Page 71 
(b) section 92 (which relates to a false representation as to a literary, dramatic 
or musical work); 
(e) section 93 (which relates to a false representation as to an artistic work). 
Consenl and waiver of rights 
96.-{1) It is not an infringement of any of the rights conferred by this Part to do any 
act to which the person who is entitled to tne right has consented. 
(2) Any of the rights conferred bytrus Part may be waived by an instrument in writing 
signed by the person waiving the right. 
(3) A waiver given pursuant to subsection (2)-
(a) may relate to a specific work, or to works of a specified description that 
are in existence, in progress, or about to be commenced; 
(b) must state the rights to which the waiver relates; 
(c) may be expressed to be subject to revocation; and 
(d) if made in favour of the owner or prospective owner of the copyright in 
the \vork or works to which the waiver relates, is pre-.sumed to extend to 
any licensee or successor in title unless a contrary intention is expressed. 
ApplicatlOlI O!proVlSlOlIS to Joml works other than audio vlsuoll-:orKs 
97.--(1) Subsections (2) to (5) do not apply to an audio visual \vork. 
(2) A consent or waiver under section 96 by onejoint author does not affect the rights 
of the other joint authors. 
(3) rn1e nght conferred by section 85 is, in the case of a work of joint authorslup. a 
right of each joint author to be identified as a joint author 
(4) The right conferred by section 88 is, in the ca')e of jOint Clut!w[shlp of a work of 
joint authorsfup, a right of each joint author. 
(5) 'I11e nght conlc:-red by section 91 is infringed, in ~le circumstances descrlhed iD 
that scctioD.--
(u) by any faise statement as to the authorship of a work nf]nint authorship; 
and 
(b) by the false attribution of jOint authorship in relatic~n to a work of sole 
authors!up, 
and such a false attributlon infringes the right of every person to whorn authorship of any 
de.scription is, whether rightly or \vrongly ~ attributed. IP/N/I/FJIIC/l 
Page 72 
(6) The right conferred by section 92 is infringed, in the circumstances described in 
that section, by any false representation as to an adaptation of a work of joint authorship. 
and such a false representation infringes the right of each joint author. 
(7) The right conferred by section 93 is infringed, in the circumstances described in 
that section, by any false representation as to a Inatter referred to in paragraph (a). (b) or 
(c) of subsection (2) of that section, and such a false representation infringes the right of 
each joint author. 
(8) The right conferred by section 94, in the case of a work made in pursuance of a 
joint commission, a right of each person who commissioned the making of the work, so 
that-
(a) the right of each person is satisfied if the person consents to the act in 
question; and 
(b) a waiver under section 96 by one p'~rson does not affect the rights of the 
other persons. 
ApplicatIOn of provLSions to joinJ 'works that are audio 1'1.'ilJai works 
98.-( 1) Subsections (2) to (5) of section 97 apply with any necessary moditications 
to an audio visual work that was, or is alleged to have been, jointly directed. 
(2) For the purpose of subsection (1), an audio visl!al work is jointly directed if tJ1C 
audio visual work is lnade by the collaboration 0[2 or more directors and the contribution 
of each director is not <.1istinct from that of the other director or directors. 
ApplicatIOn o!provz.nons (0 parts of works 
99.-( 1) The rights conferred hy section 85 or 94 apply in relatjon to the whole or any 
substantial part of :1 work. 
(2) TIle rights conferred by the following apply in relation to the whole or any part 
of a work-
(a) 
(b) scclion 88 (which relates to the right to object to derogatory treatment of 
a work)~ 
section 91 (which relates to false attribution of the .identIty of an aUli"lor 
or director): 
(c) sectHJI1 92 (\vhieh relates to a false reprc.semaUon as to a literary, dramatic. 
or musical work)~ 
(d) section 93 (which rdales to a false representation as to :111 artistic work). Part VI 
DEALING WITH RIGHTS IN COPYRIGHT WORKS 
Division i-Licences to Deal with Copyright lVorks 
Licence IP/N/IIFJI/C/1 
Page 73 
100.-(1) A licence granted by a copyright owner is binding on every successor in 
title to that person's interest in the copyright, except a purchaser in good faith for valuable 
consideration and without notice (actual or constructive) of the licence, or a person 
deriving title from such a purchaser; and references in tills Act to doing any thing-
(a) with, or without, the licence of the copyright owner; or 
(b) other than pursuant to a copyright licence, 
are to be construed accordingly. 
(2) The licensee under an exclusive licence has the same rights against a successor 
in title who is bound by the licence as that licensee has against the copynght owner. 
101.-(1) 
(a) 
(b) Warranty Implied lfl certasn licences 
If a person grants a licence for-
the performance, broadcast or inclusion in a cable programme of a 
copyright work that is a literary, dranlatic or musical work or a sound 
recording or auelio visual work; or 
the Inclusion of a copyright '.\fork that is an artistic work ID a performance, 
broadcast, or cable prograInme, 
there is implied a warranty in the licence either-
(i) that the person by \vhorn or on whose behalf the licencc is granted 
is the owner of the copynght in the work, sound recording or audio 
visual work that is the subject of the licence; or 
(ii) that the person by whOln or on whose behalf the licence is granted 
is cuthorised to grant such a licence hy the owner of the copynght 
in tilC work, sound recording or audio visual work that IS the suhJect 
of the licence. 
(2) If a court is sathtlerj that--
(a) U [:J.;'xson falsely claiming to be, or to have tIle licence of, the owner of the 
copyright in a lirerary. draIllCitlC, muskal or arJsLlc work or a sound 
rccordlIlg or audio vl:~ual work has threatened or commenced proceedings 
designed to-
(i) prohibit a performance or broadcast of that worL sound [l'carding 
or audio VlSLl2.1 \\'ork, or the inclusion of that ',,\lork, sound recoriJing 
or audio visual work in a c,\b1e programme: or IP/N/l/F JI/C/l 
Page 74 
(ii) claim damages in respect of a perfornlance or broadcast of that 
work, recording or audio visual work, or the inclusion of that work, 
recording or audio visual work in a cable programme; and 
(b) as a result of the threat or commencement of proceedings the work, 
recording or audio visual work has not been so performed, broadcast or 
included in a cable programrrle, 
the court may awar~ damages sufficient to recompense the person threatened or the 
defendant in such proceedings, as the case may be, or any other person interested in the 
proposed performance, broadcast, or cable programme, for any loss sustained because the 
performance, broadcast or cable progranlme did not proceed. 
(3) The provisions of tills section have effect notwithstanding any provision to the 
contrary in any licence, and extend to all licences whether granted before or after the 
commencement of this Act. 
Dlvision 2-Transmission of Copyright 
TransmiJ.'llon of Copynght 
102.-(1) Copyright is transmissible, as personal or nloveable propelty, by­
( a) assignment; 
(b) testamentary disposition~ or 
(e) operation of law. 
(2) A transnlission of copyright may be partjal. that is., limited se as to apply-­
(a) to onc or more, but not all, of the things the copyright owner has the 
exclusive right to do; 
( b) to part, but not the whole, ofthe period for which the copyngln is to exist. 
Assignment 
103. An assignment of copyright is not eft"ective unless it is in writing signed uy or 
on behalf of the assignor. 
Copyright la pass under 'willlVI!!l unpublislU'd work 
104. Ifunder a hcque,c;t (whether specific or general) a person is t'nLitieo, beneficially 
or otherwise. to--
(a) an ongmaJ document Of other material ihing \vhich records or emhodies 
a literary. dramaLic. musical or artistic work that was not puhlished hefore 
the death of L.~c testitoc or 
(b) an original matenaJ thlng which contains a sound recording or audio 
visual work that was not puhlished before the deatil of the testator, JP /NIl IF JI/C/l 
Page 75 
the bequest is, unless a contrary intention is indicated in the testator's will or a codicil to 
that will, to be construed as including the copyright in the work in so far as the testator was 
the copyright owner immediately before death. 
Future copynght 
105.-(1) Future copyright is capable of being assigned, wholly or partially, in the 
same manner and in all respects as if the copyright were then in existence. and on coming 
into existence the copyright vests in the assignee or the assignee's successor in title 
accordingly. 
(2) Sections 100(1), 102(2), and 103 apply to future copyright in the same manner as 
they apply to existing copyright. 
(3) A licence granted by a person to whom future copyright has been assigned is 
binding on every successor in title to that person's interest in the COpyTIght, except a 
purchaser in good faith for valuable consideration imd without notice (actual or constructive) 
of the licence, or a person deriving title from such a purchaser; and references in this Act 
to doing anyLhing-
(a) with, or without, the licence (If the copyright owner; or 
(b) other than pursuant to a copyright licence, 
are to lY.: construed acconjingly. 
Right to make conditlOFls III rCJpect of certain u.npu.blished h'crks 
106.-(1) This section applies where the owner of the copyright 111 an unpuhlished 
litCf,LfY, dramatic or musIcal work. or an unpu bl ished artistic work other than a photograph, 
has, whether before or after the commC!1cement of this Act. transferred or hequeathed to 
an inst.itutioll--
(fl) 
(h' •. J the property in or possc.ssion of the manuscript oftl1e iiterary, dramatic or 
musical work nr a copy or the Dlanuscript; or 
tHe pwp'::I1y 111 or possession of the artistIC work, 
subject to any ccmditions prohihiting, r~stricting, or regulating puhlicatIOn oftl1e work for 
a specified penod or without any iimn OD. the: p~nod. 
(2) \Vl1ile the manuscript, copy or work lS in the possesslOn of 111(' tnstltution. :my 
publicatIOn of UH~ work in hreach uf such it condiuon by---
(a) tilt~ instItution owmng l11C manu:)cnpt, copy or wor~:: 
( b) the lDstltution !laving possessio!} of lie manl1scnpt, cory ur work; or 
(C) ;:ny o!hf~r l)l.;rson, 
is, even if the copyright 1Ii the work has expired, actionable as if copyright continued to 
exjst in the work and the publicatIOn \vas an ll1fringemcnt of the copyngllt. IP/N/lIFJI/C/l 
Page 76 
(3) Nothing in this section applies to publication with the consent oftbe person who 
would be the owner of the copyright in the work if the copyright had not expired. 
(4) In this section, "institution" means the Government, a statutory authority, a local 
body, a prescribed library or archive within the meaning of section 48, or any other 
institution prescribed by regulations made under section 229. 
DiviSIOn 3-Aloral Rights 
Moral nghts not assIgnable 
107. The rights conferred by Part V arc not assignable. 
TransmIssIOn ofmoral nghts on death 
108.-(1) On the death of a person entitled to a right conferred by section R5, 88 or 
94 (in this section referred to as "Lhe right")-
(a) the right passes to any person the decea.c;;ed person has by testarnentary 
disposition specifically directed; 
(b) iflhereis no such direction but the copyright in t.~e work in question forms 
part of the estate -the right passes to the person to whom the copyright 
passes; 
(c) if, or to the extent that. the right does not pass under paragraph (a) or (b), 
the nght is exercisable by tilC personai representatives. 
(2) If-
(a) under subsection (U(b), a right passes to the person to whom the 
copynght passes: and 
(b) the copynght passes in part to one person and. in part to another, 
the right passes in the same manner as the copyright. 
(3) If under paragraph (0) or ( b) of subsection (1) a right becomes exercisable by 
rnore than onc pcrson-
(£1) in the case of a right conferred by section 85, ti1e right' may be asserted by 
any of those persons; 
(h) in the caseof a right conferred by sccOon 88 or 94, the nght is exercisable 
by each ofthose persons and IS satistled in relation to any of those pe.rsons 
if onc (Jf tl1cm consents to the treatment or act in question; and 
(e) any \\'aiver of the right in accordance with section 96 by one of those 
pcr~)ns does not affect the rights of the others. 
(4) A consent or waiver previously gi vcn or made binds any person to whom a right 
passes under suhscction (~). IP/N/l/FJI/C/1 
Page 77 
(5) Any infringement after a person's death of a right conferred by section 91,92 or 
93 is actionable by the person's personal representatives. 
(6) Any damages recovered by personal representati ves in respect of an infringement 
after the death of a person entitled to a right conferred by Part V devol ves as part of the 
estate as if the right of action had existed and been vested in the person immediately before 
deat..~. 
Part VII 
RErvtEDIES FOR INFRINGEMENT 
Division i-Rights and Remedies of Copyright Owner 
Infringement acllOnable by copyright owner 
109.-(1) An infnngement of copyright is actionable by the cop)Tight owner. 
(2) In proceedings for infringement of copyright, the srune reIicfby way of damages, 
injunctions, accounts, or otherwise is available to the plaintiff as is available in respect of 
the infringement of any other property right. 
(3) This section has effect subject to the following provisions of ttJs Part. 
F'rm'ISIOTlS as to dW1!ag~'s In 1f'.Ji·tngemeTll proceedings 
110.-(1) If, in proceedings for infringement of copyright, it is proved or admitted 
that at the time of the infnngement a defendant did not know, and had no rea..son to believe, 
Lhat copyright existed in the work to \vhich the proceedings relate, the plaintiff is not 
entitled to damages against the defcndant, hut without prejudicc to arlY other remedy, 
including an account of protlts. 
(2) In proceedings for infringement of copyright, a court may, having regard to all the 
cirClllnstances and In particular to--
(a) the tlagrancy of the infringelnent.; (Ll1d 
(b) any benetlt accruing to the defendant by reason of the infringement, 
award such additional damages as Lhe justice of the case n1ay require, 
(3) In proceedings for Infnngement of copyright in respect of the Cl lIlstruCtion of a 
building, 3n injunction or other order IDUSI: not be Inadc-
(a) after L~~; construction of the buildIng has begun. so as to prevent the 
buHding from beIng completed; or 
(b) so as to require the building, in so far as it has been constructed,to he 
demolished. IPIN/l/FJIICI1 
Page 78 
Order for delivery up in civil proceedings 
111.-(1) If a person-
(a) ha\) an infringing copy of a work in the person's possession, custody or 
control in the course of a business; or 
(b) has in the person's possession, custody, or control an object specitically 
designed or adapted for IIlaking copies of a particular copyright work, 
knOWIng or having reason to believe that the object has been or is to be 
used to make infringing copies, 
the owner of the copyright in the work may apply to a court for an order that the infringing 
copy or object be deli vercd up to the copyright owner or any other person the court directs. 
(2) An order must not be made under subsection (1) unless the court also makes, or 
it appears to the court t11at there are grounds for making, an order under section 125. 
(3) A person to whom an infringing copy or other object is delivered up in pursuance 
of an order under this section must, if an order under section 125 is not made, retain the 
copy or object pending the making of an order, or the decision not to make an order. under 
that section. 
(4) Notwit1stanrung any rule of court. and even ifotherproceedings for infringement 
of copyright have not been comnlcnced, an order nlay be made under tills section on an ex·· 
parte application by the copyright owner, if service of the notice of the application would 
cause undue delay or other serious detriment to the copyright. owner. 
(5) Nothing in this section affects any other power of tlIe COUIt. 
RighllU seize Itlfnnging COpies 
112.-(1) An infringing copy of a work which IS found exposed or otherwise 
immeDiately available for sale or hire, and in respect ot' which tile copyright owner would 
be entitled to apply for an order under section 111, may be seized and detained by the 
copyright owner or a person auu~orised by the copyright owner. 
(2) TIle right to seiLc and detain under suhsection (1) is exercisahie suhject to the 
following subsections and is subjecl to a decision of the court under scCllOn 125. 
(3) Before anything is seized under this scdion notice of the time and place of th~ 
proposed seizure must be given to a 10c:11 police stat.ion. 
(4) A D'\~rSOIl mav for the nUf!X1 "lse of exercising the ri£!ht conferred bv this s~ctjon 
" I; J I ..... '- '" 
enter prcrniscs to \vhich the public have access but m~1y not seize anytl1jng in the 
possession, custody or control of a person at his. her or its permanent or r~guIa[ place of 
business and may not use any force. IP/N/1/Fn/C/l 
Page 79 
(5) If anything is seized under this section, a notice in the prescribed form containing 
the prescribed particulars as to the person by whom or on whose authority the seizure is 
made and the grounds on which it is made must be left at the time and place of the seizure. 
Division 2-Rights and Remedies of Exclusive Licensee 
Rights and remedies of e.xciUSlve licensee 
113.--(1) An exclusive licensee has, except against the copyright owner, the same 
rights and remedies under sections 109, 110, 111 and 112 in respect of matters occurring 
after the grant of the licence as if the licence were an assignment. 
(2) The rights and remedies ofan exclusive licensee under sections 109,110, III and 
112 are concurrent with those of the copyright owner. 
(3) In proceedings brought by an exclusive licensee pursuant to this section, any 
defence is available to the defendant that would have been available if the copyright owner 
had brought the proceedings. 
Exercise of concurrent rights 
114.--(1) Where proceedings for infringement of copyright brought by the copyright 
owner or an exclusive licensee relate (whol1y or partly) to an infringement in respect of 
which the copyright owner and the excIusi ve 1 icensee have concun-ent rights of action, the 
copyright owner Of, as the case may be, the exclusive licensee may not, without the leave 
of the court, proceed unless the oL~er is either joined as a plaintiff or added as a defendant. 
(2) A copyright o\vner or exclusive liccnsee who is joined as a plamtiff or added as 
a dcfendant pursuant to subsectIOn (1) is not liable for any costs In the proceedings unless 
that person takes part in the proceedings. 
(3) Subsections (1) and (2) do not affect the granting of inrerlocurory relief on an 
application by a copyright owner or exclusive licensee alone. 
(4) Whctller or Dot the copyright U\VIll'f and t11e exclusive licensee lli.'C both parties 
toproceewngs for infringement of copy rig hi ih;..,.tre13te (wbollyorpJl11y) to an infringement 
in respect of which they have or hac! concurren!. rights of action-
(aJ tbc court must) 111 assessing damages, take into accounl--
0) the terms of the licence: anti 
(1) any pecuniary renlCdy already av,:ardcd or availahle to either the 
copyright owner or the excllJsi ve licensee i il respect or the 
ll1fringemcnt; 
(b) an account ofprot1ts must not be directed if an awani of clam ages has been 
made. or an ClCCollnt ofprofHs l1~s been directed, in favour of either the IP/N/] IFJI/CI1 
Page 80 
copyright owner or the exclusive licensee in respect of the infringement; 
and 
(c) the court must, if an account of protits is directed, apportion the profits 
between the copyright owner and the exc.lusive licensee in a manner the 
court considers just, subject to ,my agreement between them. 
(5) The copyright owner must notify any exclusive licensee thathas cone urrentrights 
before applying for an order under section Ill; and the court may on the application of the 
licensee make any order under that section it thinks fit having regard to the terms of the 
licence. 
Division 3-Rights and Remedies l:n Relation to Moral Rights 
Infringement o/moral nghts actlOfWble 
115.-( 1) An infringement of a right conferred by Part IV is actionable by the person 
entitled to the right. 
(2) In proceedings for infringement of a right conferred by Part IV, relief by way of 
damages and injunction is available to tl1C plaintiff. 
(3) In proceedings for infringement of the right conferred by section 88, Lhe court 
may, if it thinks it is an adequate remedy in the circumstan.ces, grant an injunction on terms 
prohibiting tl1e doing of any act unless a disclaimer is made, in tenns and in a manner 
approved by the court, disassociating the author or director from the treatmcntofthe work. 
Division 4-PresumptioflS 
PrfSWnpTU){lS relevant TO literary. drwnatlc. musIcal and artlST!C \}'orks 
116.--0) The presumptions set out in subsections (2) to (5) apply in pr()ceedings 
brought under this Act with respect to a literary, dramatic., musical or mlisOc work, 
(2) If Cl name puqX)fiing to he that of the author appeared on a copy of a literary, 
draIllatic or musical work as published or on an artistic work when it was Inade, the person 
whose name appeared is presumed, umillhc contrary is proved-
((/) to he tbe author of the work; ancI 
(b) to have mad~ rhe work in circumstances not falling withjn subsections (2) 
to (4) of s~ctlon 21. section 26 or sec.lion 28. 
(3) In the case of a \\'ork alleged to be a \vork of joint authorship, subsection (2) 
applies in relation [() each person alleged to be one of the authors. IPIN/1/FJIIC/I 
Page 81 
(4) Where no name purporting to be that of the author appeared on copies of the work 
as published or on the work when it was made, but-
(a) the work qualifies for copyright under section 19; and 
(b) a name purporting to be that of the publisher appeared on copies of the 
work as first published, 
the person whose name appeared is presumed, until the contrary is proved, to represent the 
author and is entitled to protect and enforce the author's rights. 
(5) If the author of the work is dead or the identity of the author cannot be ascertained 
by reasonable inquiry, it is presumed, until the contrary is proved-
(a) that the work is an original work; and 
(b) that the plaintiff s allegations as to what was the first publication of the 
work and as to the country of first publication are correct. 
Preswnptions relevant to certain artistIC works 
117.--(1) This section applies to any proceedings for infringement of copyright in 
any artistic work of which copies in 3 dimensions have been issued to tile public by or with 
the licence of the owner of the copyright in that artistic work. 
(2) If, in procecclings to which this section applies, a copy as issued to the public, in 
the Fiji Islands or elsewhere, bears a clear and legible label or other mark indicating­
(a) that copyright existed in tllC artistic work of which the copy was Illade; 
(b) that a named person was the owner of the copyright in the artistic work 
at the lime the copy was issued to the puhlic; 
(e) that 3. narned ~rson was tile exclusive licensce ortlle copyright owner at 
the time the copy was issued to the public; and 
(ei) that the copy was first issued to the public in a specified year, 
it is presun1cd until tftC contrary is proved--
(i) thar at all material times tile defendant had knowledge of each of the 
claims specified in paragraphs (aj to (d); and 
(ii) that ul.e copy "vas first nlude available to the public in the year 
speci.ficd. 
(3) For the purposes of subsection (2). the symbol ( on a label or other mark is to he 
taken to indicate that copyright is claim~~d to exist in the artistic work of which thl! copy 
so labelled or D1arked is made. 
(4) Nothing in this sectIon limjL~ or a!Iects section 116. IP/N/l/FJIIC/1 
Page 82 
Preswnptzons relevant to computer programs, sound recordings and audio ViSUal works 
118.-{ 1) In proceedings brought under this Act with respect to a computer program, 
if a copy of a program as issued to the public in electronic form bears a statement-
(a) that a named person was the owner of copyright in the program at the date 
of the issue of the copies in electronic form; or 
(b) that copies of the program were tirstissued to the public inelectrollic form 
in a specified year or that the program was first published in a specified 
country, 
the statcmentis adntissible as evidence of the facts stated and is presumed to be correct until 
the contrary is proved. 
(2) In proceeclings brought under this Act with respect to a sound recording. if a copy 
of the recording as issued to the public bears a label or other mark stating-
(a) that a muned person was the owner of copyright in the recordi ng at the date 
of the issue of the copies; or 
(b) that the re.cording was lirst published in a specil1ed year or in a specified 
country. 
the label or mark is admissible as evidence of the facts stated and is presumed to he correct 
untjI the contrary is proved. 
(3) In proceedings brought under (his Act with respect to a HIm, if a copy ()f"the film 
as issued to the public bears a staternent-
(a) that a named person was the (lutJlOr or director of the 11Jm; 
(b) that a narned person was the owner of copyright in the film at the date of 
the issue of the copies; or 
(c) that the film was nrst published in a specified year or in a spccil1ed 
country, 
the statement is adnlissible as evidenceofthc facts statedandis presumed to he correct until 
the contrary is proved. 
(4) TIle presumptions created in subsections (j) to (3) apply in proceedings rdating 
to an infringement alleged to llaveoccurred before tllC <1ate on which rhecopies \vereissued 
to the public in the same manner as they apply in proceedings relating to an infringement 
alleged to have occurred nftcr th~ date on which the copies were issued to the puhlic. 
(5) In proceedings hrought under this Act witl'} respect to a film, if the 11lm as shown 
ID puhlic, broadcast or included in a cable progranllne bears a statement--
(a) that a named person was the author or director of the 111m~ or 
(b) that;} name.:.; pL'rson was the o\vner of copyright in the tlIm wlmediately 
after it \l . .'(lS Illade, I PIN 11 IF JI/C/l 
Page 83 
the stateInent is adrnissi bIe as evidence of the facts stated and is presu med to be correct until 
the contrary is proved. 
(6) The presumption created by subsection (5) applies in proceedings relating to an 
infringement alleged to have occurred before the date on which the film was shown in 
public, broadca~t or included in a cable programme, in the sanle manner as it applies in 
proceedings relating to an infringement alleged to have occurred after the date on which 
the filIn was shown In public, broadcast or included in a cable programme. 
Presumptions relevant la works suhject 10 Slate copYright 
119. In proceedings brought under th1s Act with respect to a literary. clramafjc or 
musical work in which State copyright exists, if there appears on a printed copy of the work 
a statement of the year in which the work was first published commercially, the statement 
is admissible as evidence of the fact stated and is presumed to be correct until the contrary 
is proved. 
Unjustified proceedings 
120.-(1) If a person brings proceedings alleging an infringement of copyright, a 
court may, on the application of any person against WhOIll the proceedings are brought--
(a) make a dec1aration that the bringing of proceedings was unjustified; and 
(h) make an order for the payment of dan1ages for any loss suffered by the 
person ag3insl whom the proceedings arc brought. 
(2) A court must not grant relief undl~r this section if the person who brought the 
proceedings proves that t11C actl' in respect of which proceedings were hrought constituted, 
or would have cOllstjmted if they llau been done. an infringement of the copyright 
co nCCfIlI?A.1. 
(3) Nothing In HllS section makes a legal practitioner l1ahle to any proceedings unuer 
this section in respect of any act done in a profeSSIonal capacity on hehalf of a client. 
Dj VISlOll 5·--0jTellces 
Cnmliwlliabilityj(;:r mukmg or dcali/lt-: Will! If!Fnflglflg ()!~('cr.\ 
121· .-( 1 )' • t t1 1 • I l' _ A r--erson W.10, ot 1er tl1an purSU:.Ult to a copyng 11 lccnce--
(a) makes for sale or hIre; 
(i;) imports mto the Fijj Islands otlle[\VlSC tlLlTI fur Ulat p.:rsun's prlvate and 
domesuc use; 
(c) possesses ltl the course of a business wl111 Cl. view to c()mmilt1l1g any act 
llifnnging the copyrigh~; 
(d) in tile course of a buslncss--
(i) offers or exposes for sale or rure; IP/NIlIFJI/CI 1 
Page 84 
(ii) exhibits in public; or 
(iii) distributes; 
(e) in the course of a business or otherwise, sells or lets for hire; or 
(f) 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 ought reasonably to know IS, an infringing 
copy of a copyright work, comn1its an offence. 
(2) A person who--
(a) makes an object specifically designed or adapted for makmg copies of a 
partIcular copyright work; or 
(b) has such an object In the person's possession, 
when the person knows or ought reasonably to know that the object IS to be used to make 
ll1fringing COpICS for sale or hIre or for use 111 the course of a business. commits an offence. 
(3) Subject to subsectIOn (4), a person who-
(a) causes a literary, dramatic, or I11usical work to be perfolmed, if the 
perfonnance mfringes copynght in the work; or 
(b) causes a sound recording or film to be played in public or shown in public, 
if the playmg or showing infnnges copyright in the sound recording or 
film, 
and who knows or ought reasonably to know that copyright in the work or in the sound 
recording or visual Image, as th~ case may be, would be infringed by the perfonnance) 
playmg or showing respectively. commits an offence. 
(4) Nothing IT1 subsectIOn (3) applies In respect of mfnngement of copyright by the 
re.ceptIon of a broadcasr or cable progranune. 
(5) A person who cOlnmits an offence under this sectjon is liable on convlction-
(a) m the case of an offence agamst subscctlOn (1). to a fine of $5,000 for 
every 1l1fringing copy to which the offence relates, out not exceeding 
$50,000 1Il respect of the smne tral1SactlOl1, and to lmprisonment for 12 
months: 
(b) in the case of an offence agamst suhsectIOn (2) or (3) to a fine of $50,000 
and to Impnsonment for 12 months. 
(c) in the case of a second or subsequent offence agains[ subsection (2) or (3\ 
to a fine of S 100.000 and to Imprisonment for 2 y·ears. 
(6) Slxtions 116 to 119 (whlch relate to presumptions) do not apply to proceedings 
for an offence aga1l1Sl thIS sectlOn. IP/N/lIFJI/C/1 
Page 85 
(7) Nothing in subsection (1) applies in relation to a literary work or an artistic work 
that-
(a) relates to a medicine that has been 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 a place 
outside the Fiji Islands by or with the licence of the owner of the copyright 
in the work in that place. 
Search warrants 
122.-(1) If a magistrate is satisfied by inforrnation on oath by a police ofticer that 
there are reasonable grounds for believing-
(a) that an offence under paragraph (a), (b), (e) or (f) of section 121(1) has 
been or is about to be committed in any prenuses; and 
(b) that evidence that such an offence has been or is ahout to he commItted 
is in those premises, 
the magistrate may issue a warrant authorising a police officer to enter and search the 
prelnises, using such reasonable force as is necessary. 
(2) A warrant under tilis section-
(a) nlay authorise persons to accOlnpany the police oftlcer executing the 
warrant, and 
(};} remains in force for 2R days from the date of its issue. 
(3) In executing a warrant issued under this section a police ofticer may sea.e any 
article which the offIcer reasonably believes is evidence tllat an offence under section 
121(1) has been or is ahout to be committed. 
Order for delivery up 111 cnmmo/ proceedings 
123.--(1) 'T11C court before which proceedings are brought against a person for an 
offence against sectjoll 121 may, if satisfied th~t, at the time of the defendant's arrest or 
charge--
(a) the defendunt had in his, her or its po~~session. custody or control in the 
course of a business an Ifliringing coPy of a copyright \\'ork; or 
(b) the defendant had in his, her or it:.; possession, custody. or control an 
object specitlcally designed or adapted for making COpICS of Lt partIcular 
copyright work, knowing that the object had been or was to he used tu 
make mfringing copies, 
order that the infringing copy or ohject be delivered up to the copynght owner or to any 
other person u~e court directs. IPfNl1 IF JIICI1 
Page 86 
(2) An order may be made under subsection (1) by the court of its own motion or on 
the application of the prosecution t and may be made whether or not the defendant is 
convicted of the offence, but must not be made-
(a) more than 6 years after the date on which the infringing copy or object was 
made; or 
(b) if it appears to the court unlikely that an order will be made in the 
proceedings under section 125. 
(3) Sections 116 to 119 (which relate to presulnptions) apply to proceedings for an 
order under this section. 
(4) A person to whom an infringing copy or oilier object is delivered up pursuant to 
an order under this section must retain the copy or object pending the making of an order, 
or a decision not to make an order, under section] 25. 
Liability oJ (~lliccrs oJ body COlporale 
124. If a body corporate is convicted of an offence against section 121. every director 
and every person concerned in the management of the body corporate is guilty of the 
offence, jf it is proved that the act that constituted the offence took pl~!Ce with Ius or her 
authority, permission, or consent. 
Division 6-Disposal of Infringing Copy or Other Objec{ 
Order as 10 disposal ofhifringing ropy or other object 
125.--(1) An application may be made to t1le court for an order that an infringing copy 
or oilier object deli vered up pursuant t.o an order under sect.ion 1] 1 or 123 or ScJZeJ 
pursuant to section 112 or 122 be-
(a) forfeited to the copyright o\vnec or 
(b) destroyed or nthe.fwisc dealt \vill1 as the com1 thinks tit. 
(2) In considering \,.,hnt oruer (i f any) should be nlaae under subsecti(m 0), lile court 
llmst have regard 1.0--
(a) whether other remedies available in proceedings rl.~r infringement of 
copyright would he adequate to compensate the copyright o\vner and to 
protect the interests of the cop;Tjght o\vner~ and 
(b) the need 10 ensure thJt no infringing copy is dispUSCiJ ofin a m~l!lncr lha! 
would adversely affect the cop)Tight owner. 
(3) Before making an OrdL'[ under subSeCli(iIl (1), a coun J11ust issu~ ciireCliol1s as lO 
the service of notice on persons \vho bave an imerest in the copy or nti1;:r ob.it~ct. IP/N/IIFJI/C/1 
Page 87 
(4) A person who has an interest in a copy or other object which is the subject of an 
application under subsection (1) is entitled-
(a) to appear in proceedings for an order under this section, whether or not the 
person is served with notice; and 
(b) to appeal against any order made, whether or not the person appears in the 
proceedings. 
(5) An order made under subsection (1) does noltakeeffect until the end of the period 
within which notice of an appeal nlay be given Of, if before the cnd of that period notice 
of appeal is duly given, until the final determination or abandonment of the proceedings 
on the appeal. 
(6) Iflnere is more than one person interested in a copy or other object, a court. may 
direct that L~e object be sold, or otherwise dealt with, and the proceeds di vided. ancl may 
make any other order it thinks just. 
(7) If a court decides that no order should be made under this section, the person in 
whose possession, custOdy, or control the copy or other object was before heing delivet.:cd 
up is entitled to its return, 
A.lfidavit evidence of subsistence and OH'IWl'ship of copyright 
126~-{l) At the trial of a cause, heing--
(a) ,ill action brought under of tllis Part; or 
(b) a prosecution for an offence against this Act, 
proof of---
(i) the subsistence, at a particular time, of copyrighti n the v.'ork or other 
subjcct-m3ttl~r to which the action or prosecution relates; or 
(ii) the ownership, ~{t et particular time. of the copyright in that \vork or 
other subjeCi-matter, 
may, subje(:t to subsection (7.), he given by affidavit. 
(2) If a paLLY to a cause referred to in subsection (1) desires in gooci fait11 ttJat 1l1C 
person whn made an affidavit referred to in Hlat subsection that is proposed to be used in 
the cause be cross-examined. WiU1 respect to the matters in the arJldavit, the aftiuavit may 
not be used in the cause unless tl-te person who rnade it app~.ars as a \vitness f{)[ such C[OSS­
exarnination or the court in which the cause is hcing lrir.-Z1, in its discretion, permits the 
affidavit to be used WiihoUl the person so appcLtring. I PIN !lIF lIfe! 1 
Page 88 
Part VIII 
BORDER PROTECTION MEASURES 
Definitions 
127. In this Part, unless the context otherwise requircs-
"claimant" nleans a person who gives a notice under section 136(1); 
"comptroller" has the sa.me meaning as in section 2(1) of the Customs Act 19R6; 
"control of the Customs" has the same meaning as it has in section 16 of the Customs 
Act 1986; 
"court" means the High Court; 
"officer of customs" has tllC same meaning as in section 2(1) of the Customs Act 
1986; 
"pirated copy" -
(a) me;U1S an): copy of a copyright work that is a lilerary, dramatic, musical 
or arJstic work, or of the Typographical arrangement of a puhlishcd 
cdii ion, or of a sound recording orof an audio visual work. \\"herc the copy 
is madc-
(i) directly or indirectly from the copyright work; 
(ij) \\'ithout tJ1C licence of the person \vho OWES, j n u~c place v,:here the 
copy is rnad~, the copyright in the \vork~ antI 
(Hi) in clrClimstanCt.~s in 'which ~hc making of thl~ copy \\"(HliJ, if it had 
been done in rhe Fiji Islands, have constituted f.!t1 infringclnent of 
copyright under th.is Act.; and 
(b) includes any il1icit rcconiing \vithin the meaning of section j 64 including 
any illicit reconting tha.t is Lt copyrigllt work in a country oth~l than the Fiji 
Islands by or with the licence of lhe o'.vncr of lhe copyright in 1l1l~ \\:ork 
in th:1t country; but 
(e) ciot's not incIude-
(1) any other copyright work sold in a pi:ll:e oUlsjd(~ tile Fiji Isbuds by, 
or with the licence of. the owner of the copydght ]n Ih~ \1'(lr k in that 
country~ or 
(i1) ~my copyright \vork in transit to a p1:Jce out.siciL: tl1e Fiji Islands. Notice may be given to Comptroller of Customs IP/N/lIFJI/C/l 
Page 89 
128.-(1) A person who owns the copyright in any literary, dramatic, musical or 
artistic work, in the typographical arrangeolent of a pub lished em tion, in a sound recording 
or in an audio visual work may by notice in writing to the Comptroller-
(a) claim that an item is a work in which the person owns the copyright; and 
(b) request the Comptroller to detain any pirated copies of U1C item that are 
in. or at any time come into, the control of the Customs. 
(2) A notice under subsection (1) must-
(a) contain the prescribed particulars in support of the claim that the item is 
a pirated copy; and 
(b) specify the period for which the notice is to be in force. being a period-­
(i) not longer than 5 years from the date of notice; or 
(ii) ifcopyrightin the work to which the notice relates will expire within 
5 years after the date of the notice -not longer than the period for 
which the copyright will last. 
(3) The Comptroller must, upon receiving a notice under subsection (1)--
((l) accept the notice ifthe claimant and the notice comply with the requirements 
of this section and any regulations; 
(b) decline the notice if the claimant or the notjce does nnt comply with the 
requirement.'; of this section and any regulations, 
a.l1d D1USt within a reasonable period ofrccciving the notice advise the claimant whether 
the notice h~L) lY~en accepted or declined. 
(4) A notice accepled under subsection (3)(a) remains in force for the perioe! 
specified in the notice unless--
(a) it is revoked by the claimant by notice in writing; Of 
(/1) it is discharged by Pt court unJcf section 133( 1). 
j)deliflinmio[l H'fU?!iJer hem is pimted ropy 
129.--( 1) V/hcn:---
(a) ;1 notiCt.~ that has bc:en ~~cc(:'pit:d under section 12S(3)(oj is in force; and 
(h) a Comptroller forms tIle opinion that any item th~t has been imported and 
that is in U1C control of the Customs may be a pirated copy to which the 
notiu; relates, 
the Comptroller may conduct any investigation he orshe considers necessary in order to 
establish whether or not tile item appears to be a pirated copy to which the notice rclaks. IP/N/l/FJIIC/l 
Page 90 
(2) If the Comptroller conducts an investigation under subsection (l), he or she may, 
subject to section 130, require-
(a) the claimant; or 
(b) any other person appearing to the Comptroller to have an interest in the 
item, 
to supply any information the COlnptroller may specify for the purpose of the investigation 
within 10 working days of being required to do so. 
(3) Whether or not the Comptroller conducts an investigation under subsection Cl), 
he or she must, within a reasonable period of forming an opinion under subsection (1), 
nlake a determination as to whether or not the item appears to bea pirated copy to which 
the notice given under section 128(1) relates. 
(4) Nothing in this section applies to an item that has been imported for private and 
domestic use. 
Umita1ions on requirement 10 supply informalion 
. 130.-(1) The Comptroller must not requjre any person to supply information under 
section 129(2) uruess the Comptroller believes that the information is reasonably necessary 
for the purposes of an investigation under section 129(1). 
(2) A person who is required to supply information to the Comptroller unclcr section 
129(2) has the same privileges in relation to the giving of the information as a witness has 
in court. 
(3) If a fY~rson refuses or fails to supply information required hy Ule COlnptrollc.r 
under section 129(2), Ll-Je Comptroller may, suhject to subsection (2), take that refusal Of 
failure into account in forming anopirJon under scction129(l) or in making adetcrmination 
under section 129(3). 
Notice of delennination 
131.-(1) \Vrittcn nOllce of a dcternlination under section 129(3) must as soon as 
practicable be served 011-
(a) the ciaimant; and 
(b) any other person appearing to the Comptroller to have an interest in the 
item. 
(2) A notice required to be st;rvcd on a c1ainlant or othc-f person under subsection (1) 
nlay be servcd-
(a) by personal delivery tu the clairnant or other person; 
(b) by posting it to the last known address oflhe clajmant or otber I)Crsol1, in IP/N/1/Fn/C/l 
Page 91 
wpJch case it is deemed to have been served on the claimant or other 
person at the time at which it would have been delivered in the ordinary 
course of post in which case-
(i) it is sufficient to prove that the notice was properly addressed; and 
Oi) it is presumed, until L~e contrary is proved, that the notice was 
posted on the day on which it was dated; or 
(c) by sending it by facsimile to the last known facsimile number of the 
claimant or other person, in which case it is deemed to have been served 
on the claimant or other person on the day after the day on which it was 
sent; and, in proving sending, it is sufficient to prove that a facsimile 
machine generated a record of tl1e transmission of the notice to the 
facsimile number. 
(3) The detention of an item under section 132 is not rendered illegal by a failure to 
serve a notice under subsection (1) of this section. 
Detention ofpira!l~d copy 
132..-{1) Uthe-Comptroller is of the opinion Ll-}at an Hem that has bccnimported and 
that isin the control ofthc Customs may be a pirated copy to which a notice accepted under 
section 128(3)( a) relates, the item must be detained in the custody of the Comptroller or 
any officer of Customs unLil-
(a) the Comptroller is served with an order under sectlon 13~(l) that the 
notice be discharged; 
(b) the Comptroller is served wiU13n order uncler section 133(2) that thGitcm 
he relt~asec!; 
(e) 
(d) proceedings under section 133(3) in respect of the itClll, including any 
appeal, areddermincd by a dl.:xisionthat thcilem is not a pirated copy that 
has heen impor1e<i other than for private and dGHlcstic USl~; 
pfOcccdings under section 13~~(3) in respect or that item. including any 
appeal, a.n? (~balld() oi.:d; or 
(e) 10 ','.'urking days have elapsed Slncc noUce Vias St:f\Td :_wcicr s,~ctiun l2~ 
and the Comptfo1icr r!!ls nut heen serveci with noUce ofpcoccedings uncL:r 
st'cti()rl 1 ?3(3) by Lt r;1~rsCln other than tile importer or cUllsigncl", 
whcreUf{iD the ilCm nt:JSr. ~Uh}":Cl to :-:ubseclion (3), he re1cast:d TO the person entitkd ;" 
" IL 
(2) The CompLroilcr may in any particular Ca.Se extend the period referred to in 
subsection (l)(e) to 20 working days ifllc or she con~;ic!crs it aprr()pri~itc lu do so in all !l1l~ 
circumstances. IP/N/lIFJI/CI1 
Page 92 
(3) Neither the Comptroller nor any officer of Customs may release an item under 
subsection (1) unless-
(a) all other legal requirements as to importation of the item are satisfied; 
(b) any requirement by or under this or any other Act for the deposit of a 
security has been satisfied; ai'1d 
(c) the release of the item is not otherwise contrary to law. 
Proceedings 
133.--(1) Any person may apply to a court for an order that a notice accepted under 
section 128(3)( a) be discharged, and the court Inay make such an order accordingly. 
(2) Any person may apply to a court for an order that an item detamed under section 
132 be released, and the court may make such an order accordingly 
(3) Any person may apply to a court for a decision on whether or not an item which 
is tl1e subject of a determinatIon under section 129(3) -is a pirated copy that has been 
irnported other than for pri vatc and dOInestic use, and the coun must make such a decision 
accordingly. 
(4) Notice of proceedings under subsection (3) must be served on the Comptroller. 
(5) In proceedings under subsection (3), the must court issue directions as to the 
service of notice on ~"'ersons having an interest in the item thatis the subJect of proceedings, 
and any such person IS entitled--
(a) to appear in those proceedings, whether or not the IY~rs()n was served WIth 
notice under section 131; and 
(b) to appeal agaInst any ord.er rnade in those proceedings, \vhcthcr ornot the 
IkTsnn appeared in the proceedings. 
(6) An order made under subsection (3) doe:s noUakeeffect untillhcend of the period 
\vithin which notice of an appeal may be given or, if before the end of tl1~t peric}(i notice 
of appe,ll is duly £,1 vcn, untIl U1C final tietermi nation or ahandomncnl (1f tllC pruceedings 
on H1C appeal. 
POh'£:'T.~ of CUU!1 
134.---(1) if, 1n procc:cdings under section 133(3), a court dcocks that Jll i!em (he 
subject of Cl determin;ltJon under sCfLion 129(3) is a pirated copy th~lt 1:15 been Impurted 
other tilan for private and domcsLic use. the coun may order that the H~m be-
(a) fork] te:d to the clillmani; 
(b) destr~)yed; or 
(c) oihenvise dealt with as the court ~!links fit. IP/N/I/FJI/CIl 
Page 93 
(2) In considering what order to make under subsection (1), the court must have 
regard to-
(a) whether other remedies available in proceedings for infringement of 
copyright would be adequate to compensate and to protect the interests of 
the claimant; and 
(b) the need to ensure that no pirated copy is disposed of in a manner that 
would adversely affect the claimant. 
(3) If more than one person is interested in an item which is the subject of an order 
under subsection (1), the court may direct that the item be sold, or otherwise dealt with, and 
the proceeds divided, and may make any other order it thinks just. 
(4) If, in proceedings under section 133(3), the court decides that an itenl which is the 
subject of a determination under section 129(3) is not a pirated copy that has been impoI1ed 
other than for private and domestic usc, the court may order any person who is a party to 
the proceedings to pay compensation in an amount the court thinks 11t to the importer, 
consignee or owner of the item. 
InspectlOn of ll~m 
135.-(1) The Comptroller or (Ut officer ofCustonlS must, in respect of any item in 
h.is or her possession that is or may be the subject of-­
(a) a notice under section 128(1); 
(b) an invcstigation under scction 129 or 
(e) proceedings under section 133, 
aHow any person claiming to have an interest in-­
(i) the item; or 
(ii) any investigation under section 129, or any proceedings under 
section 133, in relation t.o the Hem. 
to inspect Ll-}c Item. 
(2) A person who under subsection (1) must he allowed to inspect an item may---
([]) inspect the item during normal office hours; or 
(b) wIth the approval ofthc Comptroller Of an ofl1cer ofCw;toms, remove tile 
item or an example of the itcrl1 10 a pbce, for a period, an(! on conditiOlis 
the Cemptrolkr Of officer specifics, for the purpose of 1n:~;pecting It. 
(3) A person wtn mrencJs to Inspect an item under subsecUon (2) must give the 
Cornp!rollcr or an offlcei or Customs not less than 7'2 JlOurs' notice of his or her intention 
t.o inspect the item. IPINIl/FJIICIl 
Page 94 
Notice of parallel import may be given 10 Comptroller of Customs 
136.-(1) A person who owns the copyright in any literary, dramatic, musical or 
artistic work, in the typographical arrangeInent of a published edition, in a sound 
recording, or in an audio visual work, may by notice in writing to the Comptroller-
(a) c1aim-
(i) that an object specified in tl1e notice is an infringing copy under 
.·section 12(3); and 
(H) that the person is the person whose copyright would be infringed by 
the importation of the object; and 
(b) request the Comptroller to inform the person- ' 
(i) if the Comptroller becomes aware that any such object is intended 
to be imported into the Fiji Islands; or 
(ii) if any such ohject is in, or at any time comes into. the control of the 
Customs. 
(2) A notice under subsection (1) must-· 
(a) contain the particulars in support of the claims referred to in subsection 
(l)(a) required by the Comptroller in afonn approved hytheColnptroller; 
(b) specify the period for which the notice is to be in force, being a perlod­
(i) not ionger than 5 years after the date of the notice; or 
(H) if copyright in the work to which the notice relates v,'il1 expire within 
5 years after the date of ll1e notice, not longer than the period for 
which copyright will last; and 
(c) be accompanied by the prescri~d fee. 
(3) TIle Comptroller must, in relation to a notice under subsection (1)-
(a) accept the notice if it is gi ven by a person mentioned in suhsection (I) and 
complies with suhsection (2); 
(b) dec1incL1c notice if it is not given by a person mentioned in suhsection 
(1) or does not comply with suhsection (2); and 
(c) \vithin a rcasoDJh!e tim~~ after receiving the notice advjse ille ciaimani 
whether the llotict~ has heen accepted or declined. 
(4) A notice accepted under sur-section (3)(0) remains in !i)fCC for the p~riocl 
specified in the notice unless--
(a) it is revoked by the person who gave it hy notice in \\Titing~ or 
(b) it is discharged hy the court uIlder section 133. IPINIlIFJI/CIl 
Page 95 
(5) Sections 129 to 135 apply to an object which is the subject of a notice under 
subsection (1) of this section as they apply to an item which is the subject of a notice under 
section 128(1). 
Deiega1ion of powers. duties, andfunctions 
137. With the written consent of the Minister responsible for finance, the Comptroller 
may from time to time, either generally or in particular, in writing delegate to any ot11cer 
of Customs all or any of the powers, duties and functions conferred or imposed on the 
Comptroller by or under this Part. 
Protection ofpersons acting under authority of Act 
138. Neither the State, the Comptroller nor any officer of Customs is liable for any 
loss or damage occasioned by anything done or omitted to be done or purporting to have 
been done in the exercise of any power, duty or function under this orunder any regulations 
n1ade under section 229 for the purposes of this Part, unless the Comptroller or the ofticer 
of CustOlTIS has not acted in good faith. 
Part X 
COPYRIGHT LICENSING 
Division I-lVorks 0/ more than one AUt/lOt 
It'orks of more than one author 
139.--(1) References in this Part to licences or licensing schemes covering works of 
nlOre than onc author do not include licences Of licensing schemes covering only-
(a) Lt single collective work or collective works ofv,;llich u1C authors are the 
same; or 
(b) \vorks ma~k by or by employees of, or commissioned by, a single 
individual, 11r1'n. company or group of cornpanies. 
(2) For the purposes of subsection (1), a group of companks means a holding 
company and its suhsidiaries within the meaning of section 156 OftilC CCi;-;ipanies Act (Cap 
247). 
Division 2-Rcferences nnd .. Applications with respect to LiccJi~:ing Sci1emes 
Licensing scht'l.'les 10 which ,\t:czions 141 10 j·17 appiy 
140. Section.<.; 141 to 147 apply to--
((1) Cl licensing scheme that.-
0) is opcrat('d by a licensing body; 
(ii) relates to copyright in a IHcrary~ dranlatic, musL'J.I or artistic work, IP/NI1 IFJI/CI1 
Page 96 
an audio visual work, or a sound-track when accompanying an 
audio visual work; 
(Hi) covers works of morc than one author; and 
(iv) relates to licences for copying the work or performing, showing or 
playing the work in public, broadcasting the work or including the 
w~ork in a cable progran1me or in a communication to the public; 
(b) a licensing scheme in relation to copyright in a sound recording (othe.r 
than an audio visual work sound-track when accompanying an audio 
visual work), broadcast or cable programn)c, or in the typographical 
arrangement of a published edition; 
(c) a licensing scheme that relates to copyright in a computer prograInrne, 
sound recording or audio visual work; 
(d) a licensing scheme that authorises-
(1) copying of a literary, dramaUc, musical, or artistIc work or of the 
typograpltical arrangement of a puhlished cdition by or on bebalf of 
an cOllcational cstablishnlcnt; 
(ii) tJ1e inclusion in a cablc prograrnme service of a broadcast or 
communication to the public made 11-0111 a place in the Fiji Islands 
hy recepUon and Immediate rctransmission; and 
(e) any oUlcr licensmg scheme provided for by this ACl, 
,md in Ul0SC sections the term "licensIng scheme" means a licensing scheme of any ofthosc 
descriptions. 
R(ference a/proposed lic('tlJlflg g/u.'mc to Tribwwl 
141.-(1) 111C terms of a licensing scheme that-
(aJ !.S proposed to be operated by a licensmg body; and 
(hj IS proposed to apply generally or in relation to any description of cases, 
may be referred to tl1e Trihunal hy-
(i) the. operator of the proposed scheme; or 
(" , 'I \ \" ) an organis:ltion \vhich represents persons claiming to require licences 
In C1SCS of a dcscnption t.o whil'!llt1c scheme would apply 
(2) Upon receIpt of a reference under suhsection (1) the Tribunal must. first decide 
whClherto entertain Lh(.~ reference :.md may decline to do so on the ground t11at the fef~rence 
is premature. 
(3) If the Tribunal deCIdes to entertain a reference. it must consIder the matter 
referred and make such order, cllh~r confirming or vcu-ying the proposed scheme so far as IP/N/I/Fn/C/l 
Page 97 
it relates to cases of the descripti on to which the reference reI ates, as theTri bunal considers 
to be reasonable in the circumstances. 
(4) An order under subsection (3) may be made so as to be in force indefinitely or for 
such period as the Tribunal decides. 
Reference of licensing scheme to Tribunal 
142.-(1) If, while a licensing scheme is in operation, a dispute arises between the 
operator of the scheme and-
(a) a person claiming to require a licence in a case of a description to which 
the scheme applies; or 
(b) an organisation which represents such persons, 
the operator or that person or organisation may refer the scheme, in so far as it relates to 
cases of that descript1on, to the Tribuna1. 
(2) A schenle that has been referred to the Tribunal under this section remains in 
operation until proceedings on the reference are concluded. 
(3) The Tribunal rnust consider the nlatter in dispute and make such order, either 
confirnling or varying the scheme so far as it relates to cases of the description to which 
the reference relates, as the Tribunal considers reasonable in the circumstances. 
(4) An order under subsection (3) may be made so as to be in force indefinitely or for 
such period as the Tribunal decides. 
Further refaem-:e DJ scheme to Tribunal 
143.--(1) If the Tribunal has on a previous reference ofa licensing scheme under this 
sectlOn, section 1-4 i or section 142 maGe an order with respect to the scheme1 t11cn. suhJcct 
to subsection (2), while the orcler remains in forcc-
(a) 1l1C operator of the scheme; 
(b) a 1--1Cr~on clairning to require a licence in a case of the description to which 
the order applies; or 
(e) an organisation l~'l1ich represents such persons, 
TIlay again refer the scheme, so far a,s it relates to cases of that dcsccption, to the Tribunal. 
(2) Except with U1C spcciallea\'e of the Tribunal, a licensing scheme must not b~ 
refer:-cd again to the Tribunal under suhsectIon (1) in respect of the same descnptl()n of 
cases earlier than-
(a) 12 months after the date of the order on the previous reference; or 
(b) Ifthe ordl;r V/aS made so as to be In force for 15 months or less -3 months 
before the expiry of the orlier, 
whichever occurs firs~ .. IPINIl/F JIIC/l 
Page 98 
(3) A scheme that has been referred to the Tribunal under this section remains in 
operation until proceedings on the reference are concluded. 
(4) The Tribunal must consider the matter in dispute and Inake such order, either 
confinning, varying, or further varying the scheme so far as it relates to cases of the 
description to which the reference relates, as the Tribunal considers reasonable in the 
circumstances. 
(5) An order under subse.ction (4) may be Inade so as to be in force indefinitely or for 
such period as the Tribunal decides. 
Effect of order (lfTrilmnal madi.~ on reference 
144.-(1) A licensing scheme that has been confirmed or varied by an order of the 
Tribunal under section 141, 142 or 143 remains in operation, so far as it relates to cases of 
the description in respect of which the order was made, for as long as the order remains in 
force. 
(2) \Vhilean order under this Parlis in force, a person who. in acaseofa class to which 
L~e order applies-
(a) pays to the operator of the scheme any charges payable under the scherne 
in respect of a licence covering the case lD question or. if rhe amount 
cannot be ascertained. gives an undertaking to the operator to pay the 
charges \vhen ascertained; and 
(/J) complies with the other terms applicable to such a 1icence under the 
scheme, 
is in the sanle posItion as regards infringement of copyright as if the person had ?[ all 
Inaterial times been theholderofa licence granted by U1e o\vnerofthecopynghtinques!lon 
in accordance with the scheme. 
(3) The Tribunal may direct that an order, so far as it varies U1e ,unount of charges 
payable, has effect from a dale before that on which it v.,Jas made, but not earlier than the 
dateon which the reference was madeor.lflater, on which the scheme came into operation. 
(4) if a direction is given under subsection (3)---
(0) any nl'cessary rep~ymcnts, or !"uniler pay·mG1L,. must ~e rnadc 1rl re~p;,-~ct 
of charges alre~tdy pa.id; ;:md 
(b) the reference In ~ubscctjon (2)((1) to thccharge.s payable under the scheme 
are 10 be construed as et reference to the charges payable under the ,)rder. 
ApplicallOflJor gram of licence In connectwn H:ah iiccnsong schem!' 
145.-( 1) A lY~rson who claims, in a case covered by a licensing scheme. U1at the 
operator of the sC!1cme has refused to grant to that person or to r~rncur~ lhe grant tl) that JP/N/l/FJIICIl 
Page 99 
personofalicenceinaccordance withtheschenle, or has failed to doso within areasonahle 
time after being asked, may apply to the Tribunal for a licence. 
(2) A person who claims. in a case excluded from a licensing scheme-
(a) that the operator of the scheme has refused to grant to that person or to 
procure the grant to that person of a licence, or has failed to do so within 
a reasonable time of being asked. and that in the circumstances 11 is 
unreasonable tllat a licence should not be granted; or 
(b) that the operator of the scheme proposes terms for a licence that are 
unreasonable, 
may apply to the Tribunal. 
(3) A case is to be regarded as excluded fron1 a licensing scheme [or the purposes of 
subsection (2) if--
(a) the scheme provides for the grant of licences subject to terms exceptIng 
matters from the licence and the case falls within such an exceptIOn; nr 
(b) the case is so sImilar to those in which licences are granted under tht' 
scheme that it is unreasonable that it should not be dealt with in the same 
way. 
(4) Uthe Tribunal is satisfied Lnat a claim under suhsection (1) or (2) is wcll-foUJldcl1, 
it nlust make an order declaring that, in respect of the matters specifIed in the order, 111,-' 
applicant lS entitled to a licence on such ter!llS as the Tribunal considers are applicnhll' In 
accordance with the scheme or, as the casl~ may bc, are reasonable 1n U1C ClrCuIllstanCl.'.\. 
(5) An ord~r under ,Suhsccllon (4) may be made so as tu he in force lI1del1nitely 0; fl)1' 
such period as the TribuDJl CkCH.1c:S. 
Appficiifl(ln/iir U".' W I'>' o/nrdtr us to £'nllTlement [0 licence 
146.--(1) Iflhc TriiJunal ha.s maLic an order unclcr sccUon 145 tlwt a person is entnh:d 
to a licence under a licen,c,lng scheme. the operaTor of the scheme or tlle original appllcHlr 
may from time to tlIne apply to the Trihunal to reVIeW the order 
(2) Except With the special kave of" the Trihul1al, an applicatlOD must not he liLlf.k: 
uncler subsectlOll (1) c:JJlje[ than·-
(a) 12 monlhs after the date of the order, or of the deciSIOn on Cl pr2\·wu.\ 
applic~mon under tl11S section. or 
(b) j !'the order W,15 made so ,L'-; to be In force fur 15 months Of less, or as ,tlcsu: i 
of the uecislOn on a prevlous applicatIon uncler thIS sectiOn. IS dlic to 
expire wItlljn 15 months of that dCClSlOIl, 3 months before the expIry d:ilc. 
whichever occurs first. IP/N/lIFJIICI1 
Page 100 
(3) TIle Tribunal must on an application for review under this section confirnl Of vary 
its order as the Tribunal considers reasonable, having regard to the terms of the licensing 
scheme Of, as the case may be, the circumstances of the case. 
Effect of order vfTribunal made on application 
147. If the Tribunal has made an order under section 145 which remains in force, the 
person in whose favour the order is made is, if the person~ 
(a) pays to U1e o~ratorofthe scheme any charges payable in accordance with 
the order; or 
(b) if the amount cannot be ascertained -gives an undertaking to pay the 
charges when ascertained; and 
(c) complies with the other terms specifIed in the order, 
in the same position as regards infringement of copyright as if the person had at all material 
times been the holder of a licence granted by the owner of the copyright in question on the 
terms specified in the order. 
Division 3-References and Applications with respect to Licensing by 
Licensing Bodies 
Licences [0 which sections 149 to 152 9Pply 
148. Sections 149 to 152 apply to the following descriptions of licence granted by a 
licensing body otherwise than under a licensing scheme-
(a) a licence that--
(i) relates to copyright in a Literary, draIllatic, musical or artistic work, 
in an audio visual work, or in a sound-track when accompanying an 
audio visual work; 
(H) covers works of more than one author; and 
(Hi) authorises the copying of the work or the performance, showing or 
playing ofthc work in puhlic, or the broadcasting of the work, or the 
inclusion of the work in a cable progranulleor communication to the 
puhlic; 
(b) a licence relating to copyright in a sound recording (other than an audio 
visual work), in a sound-track \vl1en accompanying an aud!o visual \\'ofk, 
broadcast, Of cable programme, or in the typographical arrangement (if a 
puhlished ediLio~; 
'(c) a licence tl1at authorises the copying of a literary, dramatic. musical or 
artistic work or the typograprJcal arrangement of a puhlished edition hy 
O[ on hehalf of an educational establishment, 
and in those sections the term "licence" means a Ucence of any of those descriptions. Reference to Tribunal of proposed licence IP/NI1 IFJI/C/l 
Page 101 
149.-(1) The terms on which a licensing body proposes to grant a licenc'c may be 
referred to the Tribunal by the licensing body or the prospective licensee. 
(2) Upon receipt of a reference under subsection (1) the Tribunal must t1rst decide 
whether to entertain the reference, and may dec1 ine to do so on the ground that the reference 
is prelnature. 
(3) If the Tribunal decides to entertain a reference, it must consider the terms of the 
proposed licence and may make such order, either confirming or varying the terms, as it 
considers reasonable in the circumstances. 
(4) An order under subsection (3) may be nlade so as to be in force indefinitely or for 
such period as the Tribunal decides. 
Reference to Tribunal of expiring licence 
150.-{1) A licensee under a licence that is due to expire, either by eftluxion of time 
or as a result of notice given by the licensing body, may refer the licence to the Tribunal 
on the ground that it is unreasonable in the circumstances that the licence should cease to 
be in force. 
(2) A reference under subsection (1) nlay not be nladc earlier thaTl 3 months hefore 
t...l}e licence is due to expire. 
(3) A licence in re;;pcct of wh.ich a reference has been m ade to the Td bunal under thi s 
section remains in operation until proceedings on the reference are conciuded. 
(4) If L~c Tr]bunal fincis a reference well-founded, it must make an order declaring 
that u~e licensee continues to be entitled to the t'renefit of the licence on such terms as the 
Tribunal considers re3.sonab1e in the circumstances. 
(5) An order under subsection (4) may be made so as to be in force indefinitely or for 
such period a..') the Tribunal decides. 
Itppliw(iunfor rcvirn' of order as to licence 
15L--(1) Ifihe Tribunal Ins made an order under section 149 or 150, the licensing 
hociy or th~ lY'::fson entitled to the benefit oft.he order may app1y to the Trihunal tu re-vie,',,\' 
the orGer. 
(2) Except with the special leave of the Tribunal, an application cannot be made 
under subsectlon (1) earlier than--
(a) 12 months after the date of the order, or of the decision UD a previous 
application under this ~t.'ction; or IP/N/l IF JIIC/l 
Page 102 
(b) if the order was made so as to be in force for 15 months or less, or, as a 
result of the decision on a previous application under this section, is due 
to expire within 15 months of that decision, 3 nlonths before the expiry 
date, 
whichever occurs first. 
(3) TIle Tribunal must on an application for review under this section confirm or vary 
its order as it considers reasonable in the circumstances. 
l:..ffect of order of Tribu.nal as 10 licence 
152.-(1) If the Tribunal has made an order under section 149 or 150 and the order 
remains in force, the person entitled to the benet1t of the order is, if the person-
(a) pays to the licensing body a.tiy charges payable in accordance with the 
order; or 
(b) if the amount cannot be ascertained, gives an undertabng to pay the 
charges when ascertained; and 
(c) complies wiL' the other terms specified in the order, 
in the same position as regards infringelllentof copyright as if the person had at all marerial 
times been the holder of a licence granted by the owner of the copyright in question on the 
terms specified in the order. 
(2) The benefit of an order under this Part nlay be assigned-
(a) in the case of an order under section 145, if assignment is not prorubited 
under the terms of the Tribunal's order; and 
(b) III tIle caseoUul order under secHon 150, if assigmnent was not prohibited 
under the terms of L~e original licence. 
(3) TIle Tribunal may direct that an order under section 149 or ISO, or an order under 
section 151 varying such an order, so far as it varies the arnount of charges payable, has 
effect fronl a date before that on which the order is made, but not earlier than the dat.e on 
'Nhich HIe reference or appiicalion was made or. if later, on whkh the licence was granted 
or, as the case may hc, '.vas du~. to expire. 
(4) If a direction is 1113de under subse.ction (3)-
(a) any necessary repayments. or further payments, ll1USt be made in respect 
of chargc.s already paid; and 
(b) the refl'~rcllc.c in subsection l1)( a) to the charges payahle in accordance 
with the order is to be construed, where the onler is vaned by a later order, 
as a refereoce to the charges payable under the later order. IP/N/l/FJIICIl 
Page 103 
Division 4-Factors to be Taken into Account in Certain Classes of Cases 
Unreasonable discriminatIOn 
153. In determining what is reasonable on a reference or application under this Part 
relating to a licensing scheme or licence, the Tribunal must have regard to-
(a) the availability of other schenles, or the granting of other licences, to other 
persons in similar circumstances; and 
( b) the terms of those schen1cs or licences, 
and must exercise its powers so as to ensure that there is no unreasonable discrimination 
bet.ween licensees, or prospective licensees, under the scheme or licence to which the 
reference or application relates and licensees under other schemes operated hy, or other 
licences granted by, the same person. 
Licences/or reprographlc coPyin6 
154. If a reference or application is made under tilis Part relating to the licensing of 
reprographic copying of published literary. dramatic, musical or artistic works, or of the 
typographical arrangements of published editions, the Tribunal luust have regard 10--
(a) the extent to which published editions of the works in question are 
otherwise available; 
(h) the proportion of the work to be copied; and 
(c) the nature of the use to which the copies are likely to he put. 
L1Cef/cc~sfor (Auc{uw!la! establishment.'! in respect ofl ... ·orks Included In broadcasts nT cable proxramlJll'S 
155.-(1) 1111S section applies to a reference or application made under this Part in 
reiat.ion to a licence fo1'----
(a) L"1e recording, hy or on behalf of an e,(}ucatlonal establishment, of a 
broadcast or cable progranlme that includes a copyright work; or 
(b) the making of copies of such a recording, 
for educational purposes. 
(2) \Vhe:-e this section applies, ihc Tribunal must., in consldcring what charges (if 
fulY) should be paid for 8. licence, liavcregard to the extent to wh.ich the owners ofcopynghf 
in the work included 1i1 t11:.: broJ.dca.-;t or cable programme have already received, or Clrc 
entitled to reedve, payment in respect of thell inclusion, 
LICences lO reflect conditiOns mzposed by promoters of events 
156.--(1) In respect of a licence relating to a sound recording. audio visual work, 
broadcast or cable progr,mlmc that includes, or is to include, any entertammcnt or other 
event, the Tribunal-
(0) must have regard to any conditions impOSed by thl~ promoters of the 
entertamment or other event; and IP/N/I1FJIIC/l 
Page 104 
(b) must not hold a refusal or failure to grant a licence to be ufl..reasonablc if 
the licence could not have been granted consistently Witl1 any such 
conditions. 
(2) Nothing in this section requires the Tribunal to have regard to any conditions in 
so fcu' as they-
(a) purport to regulate tJ1e charges to be imposed in respr2ct of the grant of a 
licencc;or 
(b) rclate to payments to be macle to the prOIlloters of any entertainment or 
other event in consideration of the grant of facilities for making the 
recording film, broadcast, or cable programme. 
L,cnlCl's to rejlt'ct payments In respect of undalytng nghls 
157.-(1) In consideflng what charges (if any) should he paid for a licence on a 
reference Of application under this Part in relation to a licence for Lhe rental to the public 
of copies of a computer program. sound recording or audio visual work, the Tribunal must 
take into account any reasonable payments that the owner of copynght 10 the computer 
program, sound recording or audio visual work is liahle to make. in consequence of the 
granting of the licence or of the acts authorised by the licence, to owners of copyri~ht In 
\vorks included in the pr0gram. recording, or audio visual '.\lork. 
(2) On a reference or applicaUon under this PaIt in relation to licenSing I!l [c;SPect of 
copyright in a sound recorcling. audio visual work, bioaclcast or cable programme. the 
Tribunal must take into accounr. In considering what charges (if any) shnuld he paid for 
a licence, any reasonable payments that tile copyright owner is tiahk to make. in 
consequence of the grami ng of the 1 i ccnce or 0 r the acts aut hor i sed by the }j n.~nce. In respect 
or any performance mcluckd l!l the recording. audio visual work, or cable programme. 
L,cences lTi rcs!lccl oIw(lrks inclu.ded Ifl retranSJH!.'iSlOns 
158.-( 1) Th.is section applies to a reference or application under tillS Part in rdat ion 
to a iiccnce to include In a broadcast, communication to the public or cahlc rfogramI1lc-, 
(a) a literary, dramatic, mUSical or m'tistic work; or 
(b) a sound rcconliilg or audio visual work, 
\ ... h(~re one broadcast c\1mmunkatitiD to the public or cable pr(}.~r:l,mi1ic ('"the ilrst 
{ransl1lJssion") is, by rCCCpLl\)il ~md immediate retf:J!1SIl11SSHJ!1, to he hHlh:'r brnadcast. 
c(\mrnumcateci to tIl!.: puhlic \)1' 1!1cludi.'d in a c~~hle programme ('"the lunl1t:rtra!lsnn:~:slOn "). 
(2) So !'3f a') the further transmission IS t"> {he same area a,'j the fIrst trallsnll~SlOn. the 
Trihumtl musr, in considenng \V!l~H charges (if any) should bl: ~3.jd f(lr iil'enCL~S for eIther 
transmission: have It~gard to the l'xicnt to \vhich the copyright owner h3.s already [i.:'Celved, 
Of is entitled to nXCIVC. paym.:.nt for the otllcr transmission that adl:'q,ualc1y rc~llUnCrall'S 
Ulc copyright O\\-Tler in rc~:.pC~~l 01 transmissions {n that ~:U"ea. IPlN/l/FJI/C/l 
Page 105 
(3) So far as the further transmission is to an area outside that to which the tirst 
transmission is made, the Tribunal must not take the further transmission into account in 
considering what charges (if any) should be paid for licences for the first transmission. 
Division 5-Rcprographic copying by Educational Establishments 
Power to extend coverage of scheme or licence 
159.-(1) This section applies to-
(a) a licensing scheme to which, by virtue of section 140, sections 141 to 147 
apply; and 
(b) a licence to which, by virtue of section 148, sections 149 to 152 apply, 
so far as the scheme provides for the grant oflicences, or the licence is a licence authorising 
the making by or on behalf of an educational establishnlent for the purposes of instruction 
of rcprographic copies of a published literary, dramatic. musical or artistic work, or of the 
tY}X)graphical arrangement of a published edition. 
(2) If it appears to the !\1inister with respect to a scheme or licence to which this 
section applies that----
(a) works of a description sinlilar to those covered by the schenle or licence 
are unreasonably excluded fronl it; and 
(h) making u~em subject to L~e scheme or licence would not conilict with the 
normal exploitatlonofthe works or unreasonably prejudice the legitimate 
interests of the copyright owners, 
the IvHruster may by order prOVide that the scheme or licence extends to those works. 
(3) If the Minister proposes to make an order uI1cier subsection (2). the tviimster must 
give notice of the prop·JSall0-
(a) Lh.e copyright owners; 
(b) the licensing body in qU2stlon~ and 
(c) ;:;uch rersons or org;lnisations rcprc...;;cntanvc nfeducatlOnal establishments, 
and any Olhei persons or organisations, as U1e l'vlinbtcr thinks ilt. 
(4) A notice ender sut:.::,2.Ujo~ (3) rnust inform the p2fsons notified of their right !() 
rnakc v;dU~n (ir Of;11 representations to the i\-lhti:;ter about th~ proposal \VithlD 6 .m()ntl~'i 
from. the dale c't t;iC nQtic~; {mci jf any of ~l1cn WIshes tG rr1Jke ora1 reprcsl';!ltaUon:::. llle 
1'vlinister HLUst app-Jint a person to hear the representauon,S awl report to the fvlimskr 
(5) In considering whether to make an order under subsection (2) the Min;Her musl 
t,,1,"P ~n'to account an1 '\1 ~·Cl.Dr",;,:o-i"!=lti·()n;;: m')d'~ unl·L".,.. "ut)''(.>,-·f-l·'ln (1.1) an(~ an\! (, .. der matters t..l..!\..v J j ,_ ... f... J.) .......... ,:tr.\....·u\ ____ l.:.l_ ~ t v U I...., ! 1.. ... 1 ~ I):t" .... l \".1 1"1' ........ ., 
\vhich app'~ar to the ~\1irJstcr to be relevant. IPIN11 IF JIIC/ 1 
Page 106 
Vanallon or discharge of order extending scheme or licence 
160.--(1) The owner of the copyright in a work in rcspect of which an order is in force 
under section 159 may apply to the Minister for the variation or discharge of the order, 
stating the reasons for making the application. 
(2) The Minister must not entertain an application under subsection (1) made within 
2 years of the making of the original order, or of the making of an order on a previous 
application under this section, unless it appears to the Minister that the circumstances are 
exceptional. 
(3) After considering an application under subsection (1) the Minister may­
(a) confirm the order forthwith; or 
(b) give notice of the application to-
(i) the licensing body in question, and 
(ii) such persons or organisations representatlve of educational 
establishments, and such other persons or organisations, as the 
1\1imstcr thinks Ht. 
(4) A notice under subsection (3)(b) must inform L.i-}e persons noti11ed of their right 
to make written or oral representations to the Minister concerning the application within 
21110nths from the date ofille notice; and if any ofthem wishes to make oral representations, 
the Minister must apiXli nt a person to hear thE" representations and report to the Minister. 
(5) In considering an applicatiOJ1 under tlllS section the rv1Jnister nmst take into 
account the reasons fortlle application, any representations Inade under subsection (4). and 
any other matters wllich ap~ar to the MirJster to be relevant. 
(6) "nwMinlstcrmay make any order the Minister thinks fitconfirmingordischarging 
an or0P;: under Section 159 (or. as the case Inay bc, the order as previously varied). or 
varying (or further varying) it so as to exclude works from it. 
Appeals agmn.rc arda.\· 
161.--(1) 111e o\vner of the copyrightin a work which is the subject oran order under 
section 159 may appeal 10 ihe Tribunal and the Tribunal may confirm or discharge the 
order, or vary it so as to exclude works from It, as it lhinks fit. havmg re.gJrc1 to the 
considerations mentioned in suh.scction (2) of that section. 
(2) If the r/iinis!er has rnade an order under section 16C~-
(a) the person who applied for the order; or 
(h) any person or organ.isation representing an educational estabEsiuflcnt 
wh.ich was gl\ten notice of the application for the tJrder and which made 
representatIons in accordance with sut}section (4) of that sectiOn, IPlNll/FJIIC/l 
Page 107 
may appeal to the Tribunal and the Tribunal may confirm or discharge the order or make 
any other order which the Minister might have made. 
(3) An appeal under this section cannot be brought later than 6 weeks after the making 
of the order appealed against or such later time, as the Tribunal allows. 
(4) An order under section 159 or 160 does notcome into effect until the end of 6 
weeks after the making oftl1e order or, if an appeal is hrought before the end of that period. 
until the appeal proceedings are disposed of or withdrawn. 
(5) If an appeal is brought after the end of the penod mentioned jn subsectIOn (4). a 
decision of the Tribunal on the appeal does not affect the validity of anyl1ung clone 1n 
reliance on the order appealed against before the decision takes effect. 
Division 6-Implied Indemnity III Schemes or Licences for Reprogropluc COPYI!lg 
Implied mdcmlll!y In cerlom SCheflli:S and licences for rcprograp/lIc copymS 
162.-(1) TIus section applies to-
(a) ever)' scheme for lkensing reprogmpllic copymg of 3. puhlished lit~rary, 
dramatic, musiciii or artistic work, or of the tYTographical arrangement ot 
a published edition; and 
(h) every licence granted by a licensing body for such copyIng, 
if the scheme or licence does not specify the works to which It appiies wIth sllcil 
particularity as to enable a licensee to deterrnine whether a \\'ork falis withll1 th..: scllcnh:' 
or licence by inspection of the scheme or ] iccnce and the work. 
'Dlere is impHed---
(a) in every schem~ to Whld1 this ~cction applics an undertaking hy th;:. 
operator orthe scheme to jndclnni fy a person granted a licence under tht~ 
scheme; anO 
(b) in every Hccn~l' to which th!S section arrlit~S an unc.knaklI1g III thl', 
licensmg nod)' to Jndcfl1mfy the licensee, 
against any iiahWty l;lCUrn_'f~ l:Y the licensee hy reason of Hie llcen.~:ce haVing :nrnnguJ 
copyright by making or authorising tile maldng of fcprngrJptllc copies of ~i \\"mK J:t 
circumsUwcc:; \'-,itbin n1(; appan:::lt scope of t;JC licence. 
({) For the p\.lrp-()s(~S of tillS section. il1f~ circumsiJJICeS of ~: cr-:~ ;ire \\!t!U:l ti~' __ 
app8.rent scop:: uf a licence, 1]---
(aj it is nut ~lpp3rCnt ll\HIl lnspcction of the licenc~ an0 ~ile \vork in questIoll 
that the \vork does not faH wrthin the ot'scnplUIl of works to wlllcl1 tlL~ 
licellCC applh.'s: an.d IP/N/l/FJIIC/l 
Page 108 
(b) the licence does not expressly providetilatitdoes not extend to copyright 
of the description infringed. 
(4) In this section, the term ';liability" Ineans liability to pay-
(a) any sum payable in respect of an infringelnent of copyright; 
( b) costs reasonably incurred by a licensj ng body in connection with actual 
or ··contemplated proceedings against the licensee for infringe.ment of 
copyright. 
(5) A scheme or licence 10 which this section applies may contain reasonable 
provision­
(a) 
(b) with respect to the nlanncr in wh.ich, and the tIme wit.hin which, claims 
under the undertaking implied by this section are to be made; 
enabling the operator of the scheme or, as the ca."c may be, the licensing 
body to take over the conduct of any proceedings affecting the al1l0unt of 
the operator's or, as the case IHay be, the licensing body's liability to 
indemnify under such an undertaking. 
Detennlnal/On of eqw£able rcmWlcratlOrt 
163.-(1) 11'-
(0) a copyTight o\vncr and a lihrarian cannot agree as to the remuneration to 
be paid to the copyright owner under section 51 (3)( d); 
(b) a copyright owner and the State carmot agree as to the remuneration to he 
pa.id to the copyright owner under se.ction 58(2); 
(c) an exclusive licensee and the State cannot agree as to the remuneration to 
be paid to the exclusive liccnsee under section 59(2); 
(d) a licensee and U1C copyright owner or exclusive licensee. a,:;; the case Inay 
be, cannot agree on the part of the paymcnt to be paid to the licensee under 
sectlon 59(3); or 
((') a copyright owner and a person who makes a recording of a broadcast or 
cabk programme cannot agree as to the remuneration to be paid to the 
copynght o\vncr under thIS Act, 
either pany may apply to U1C Trihunal to determine the rCHlUl1Cratinr! to be paid. 
(2) 'D1e Tribun31 must conSider a matter referred to it under subsrxtlon (1) and make 
a.11 order It considers reasonable in tl1l~ circumstances. 
(3) Either party to an order m;:HJe under this section may apply to tIle Tribuna1 to 
review its order. IPlN/1/FJI/C/l 
Page 109 
(4) Except with the special leave of the Tribunal, an application under subsection (3) 
cannot be made earlier than 12 months after the date of the original order or of the order 
on a previous application under that subsection. 
(5) TIle Tribunal muston an application for review under this section confirm or vary 
its original order as it considers reasonable in the circumstances. 
(6) An order under subsection (5) has effect from the date on which it is made or a 
later date specified by the Tribunal. 
Part X 
PERFORMERS' RIGHTS 
DlvisLOn l-General 
Defimtions 
164. -In this Part of this Act, unless the context otherwise requircs­
"copy", in relation to a recording, 
(a) means a copy of a recording made directly from that recording; and 
(b) includes a copy of a recording made indirectly from that recording~ 
"illicit recorcling" ._-
(aj means a recording of the whole or any substantial part of a performance 
made without the performer's consent and otherwise than for pri vate and 
domesHc use; and 
(b) includes a copy, mc!ciE: \vithout the performer's consent and otherwise 
tl1(!n for private and domestjc use, of a recording where-
the recording was Blade WiU1 the performer's consent, but the copy 
is made for purposes different from those for which the performer 
g:::.vc his or her consent to the recording; or 
(ij) the re~nrdjng was Jnade in accordance \vith one or more of the 
exemptions In sect.ioils ] 70 to 174 or secuons 179 to 181 but the 
copy IS made for different pUfpOSC:.~:: 
"perform;'Uice" -
(0) nl(~ans-
Cl) a draIoatic Ix;rf(;rrnance, inc1uc.1i ng a dance. a mime,and a peri'ormance 
given with [he llse of puppets; 
(i1) u musical performance; JP /NIl IF JIICI 1 
Page 110 
(Hi) a reading or recitation of a literary work; or 
(iv) a performance of a variety act or any similar presentation, 
being in any such case either-
(A) a live performance given in any country by a Fiji Islands 
citizen or a person domiciled or resident in the Fiji Islands, or 
by a citizen or subject of or a person domiciled or resident in 
a Convention country; 
(B) a live perfornlance given in the Fiji Islands or in a Convention 
country; or 
(C) a performance to which this Part applies pursuant to section 
165(2) or 200 or to regulations Illade under section 201; but 
(b) does not includc--
0) a performance referred to in section 45(1); 
(H) a reading, recital, or delivery of any item of news and information; 
(iii) a performance of a sporting activity; or 
(iv) participation in a perfornlance as a menlber of ,Ul audience; 
"recording" in relation to a performance, include.s a recording or audio visual \vork­
(a) made directly from the perform:~nce; or 
(b) made frOrIl a broadcast or CnnlITlUnicatJon to the pubiic, or a cabk 
programme, that includes the performance. 
AppliCailOn 
165.--(1) TIllS Palt applies to any act done on or after the COlllmenCcment of this Act 
in relation to a pcrr{Jrm~U1cc given on or after such conlmcncerncnt. 
(2) Notwithsta.T1ding subsection (J), if a I-x:rformancc was gi ven--
(a) in Ll-Ie Fiji Islands; 
(b) in a Convention country in respect of which section 2(X) applies; 
(c) .i n a country or ot11er place in respect of \V111C11 a regulatlOn under sectIOn 
201 is in force; 
(d) in lli'1 y place by a Fiji Is1ands ci tizen or a person domiciled or reSIdent in 
the Fiji Islands, or by a citizen or subject of or a person domlCi1ed or 
resident in a Convention country, 
this Part of this Act also applies in relation to aperforrnance given before tile commencement 
of tItis Act if-IPfNl1/FJI/CIl 
Page III 
(i) not more than 50 years has elapsed from ule end of the calendar year 
in which the performance was given; or 
(ii) in the case of a performance given in a Convention country, or in 
another country by a citizen or subject of or a person domiciled or 
resident in a Convention country, any period of protection given to 
that perfonnance in the Convention country has not expired. 
(3) Notwithstanding that, by virtue of subsection (2), this Part applies to a performance 
given before the conunencement of this Act, nothing in this Part applies to-
(a) any act done, in relation to that performance, before the conlmencement 
of this Act or in pursuance of arrangements made before the commencement 
of this Act; or 
(b) the sale, letting for hire, or offer or exposure for sale or hire, after the 
commencement of this Act, of any recording or copy of a recon1ing in 
existence in tile Fiji Islands immediately before llle commencement of 
this Act. 
(4) TIle rights conferred hy tilis Part are independent of-
(a) any copyright in. or moral rights relating to, any work performed or any 
sound recording or audio visual \vork of, or a broadcast, communication 
to the public or cahle progranln1c that includes, the r,erformance; and 
(b) any other right or obligation arising othcf\vise than under this Part. 
(5) The rights conferred by this Part on a perfl)rIner are conferred only in relation to 
perfonnances by that pcrt(Jrmer, whether alone or with others. 
Division 2-Performers I Rlghts 
COni"en! rcqwredfor ru:ortiing or live transmlsszon ofpcrformar..cl' 
166.-----( 1) A p~rrormer' s rights arc Infringed hy a person Wl10. Witlll)ut tl1~ performer's 
conscnt---
(a) 
(b) mak~s. o1!11:rwlsc t.han for the person's pn vate and domestic us~~, a 
recording of tile whole or any substantial part of a performance: or 
nroJUCiLsts livc.or communicates H.~ thepublk, the w!lolcor any substantial 
pJrt of a pcrformanc;;. 
(2) In procci;;di ngs for infringement of a performer's rights brought under th.is 
section, a defendant who shows !llat at Hie time oftbe infringement tIle detendam helieved 
on reasonable gr()Unds L1.at the performer's consent had bCCE given IS not liable to pay 
d;.unages. I PIN I 1 IF JIIC/l 
Page 112 
Infringement by use of ilIica recordjng 
167. A performer's rights are infringed by a person who, without the perfonner's 
consent-
(a) presents for public performance the whole or any substantial part of a 
performance; or 
(b) broadcasts, communicates to the public or includes in a cable programme 
the whole or any substantial part of a performance, 
hy Illeans of a recording that is, and that the person knows or has re,Lson to believe iSt an 
illicIt recording. 
COPYlTIg of recordings 
168.-(1) A pcrformcr's rights are infringed by apcrson who, withouttheperformer's 
consent and otherwise than for that person's private and domestic use, copies a recoruing 
jf the person knows or has reason to believe that the recording was made without the 
performer's consent. 
(2) In proceedings for infringement of a performer's rights brought under this 
section, a defendant who shows that at the time of the infringement the defendant beiieved 
on reasonable grounds that the performer's consent to the recording had heen given is not 
liable to pay damages. 
(3) A performer's rights are infringed hy a person who, without the performer's 
consent and otherwise than for the person's pnvate and domestic use, copks arecording-
(a) if the copy is made for purposes differ~llt fronl tllOSl'. for \vhich the 
performer gave consent to the recording; or 
(b) if the recording was 11lade in accorda...'1cc witll onc or more of the 
exemptions conta.ined in sectIons 170 to 174 or sections] 76 to 1 Xl, hut 
the copy is made for different purposes, 
(4) In proceedings for infringement of a performer's rights brought under tlus 
~cction, a defendant who shows that at the time of the infringement the defendant believed 
un reasonable grounds that the performer's consent to the copying of the recording had 
been given is not liahlc to PJ)' damages. 
l:ifnn~nllef11 hy mlpOr11f1g. PO,\'SCSStilg. or d('{jlinx wllll iliiclt rl'conilng 
169.--0) A performer's rights are infringe.d by a person who, \VitlluUllhc performer's 
conscnt.---
(aJ imports Into the Fiji Islands olherwise tban for the f--T-:on's private Jnd 
domestJc use: or 
(b) in tIle CGUfSe of a husin~ss, possesses, sells. lets for hHc. offers or exposes 
for sale or lure, or distributes. 
J recording !l:Lif is, and ~~1at 111(' person kno'.vs or haS reason 10 helieve is. ,In iiiicit recording. IP/N/lIFJI/CI1 
Page 113 
(2) If, in proceedings for infringement of a perfonner's rights brought under this 
section, a defendant shows that the recording was innocently acquired by the defendant or 
a predecessor in title of the defendant, the only remedy available against the defendant in 
respect of the infringement is damages not exceeding a reasonable payment in respect of 
the act complained of. 
(3) In subsection (2), {'innocently acquired" means that the person acquiring the 
recording did not know, and had no reason to believe, that it was an illicit recording. 
Division 3-Acts Pennitted in relation to Perfonnances 
IncIdental copying of pel/ormance or recording 
170.-(1) TIle rights conferred by this Part are not infringed by-
(a) the incidental copying ofaperformance orrecorcling in asoundrecording, 
audio visual work, broadcast, or cable programme; 
(b) the public performance of a sound recording or audio visual work, the 
making of a broadcast or the communication of a cable programme to the 
public, if the performance or recording has been incidentally copied in 
that sound recording. audio visual work, broadcast, or programme; or 
(c) tile issue to the public of copies of such a sound recording audio visual 
work, broadcast, or cable progranln1e. 
(2) For the purposes of this section, a perfonnance or recording, so rar as it consists 
of--
(a) music; or 
(b) words spoken or sung WiU1 l!lusic, 
is not incidentally copied in another work if the perfornlaI1ce or recording IS deliherately 
copied. 
PermlUed a.cts In relatlOlL to pe/formanees. entlclSIIl. reVIl .... WS, and nr:.l~IJ npOrftrlg 
171. Copyi ng of a performance or recordi ng-
(a) for the. purposes of criticjsm or review, of that or another perf()fmance or 
recording, or of a work; or 
(b) for the purposes of reponing Cl.l1Tcnt events, 
does not infringe any of the rights con.ferred by this Part. 
TllIngs lione Ior purposes of lilS{ruCiIOn or eXCll/l/Twi,on 
172.-(1) The fIghts conferred by this Part are not infringed hy the copying of a 
recording of a performance if-
(aj the copying IS donc-· 
0) in prepanng a course of instruClion: IPIN11/F JIIC/1 
Page 114 
(ii) for use during a course of instruction; 
(iii) during a course of instruction; or 
(iv) after a course of instruction, 
if the instruction is on how to nlake audio visual works or audio visual sound­
tracks or relates to the learning of a language or is conducted by correspondence; 
(h) the copying is done by or on behalf of a person who is to give, is giving, 
or has given the lesson, or by or on behalf of a person who is to receive, 
is receiving, or has received the lesson; and 
(c) no charge is macIe for the supply of a copy to any student or other person 
who is to receive, IS receiving, or has received the lesson. 
(2) The nghts conferred by this Part are not infringed-
(a) by the copying of a recording of a performance for the purposes of setting 
or answering the questions in an eXaInination; or 
(b) by anythmg done for the purposes of an examinatIon by way of 
communicating the questions to the candidates. 
Playing or shol't'Ulg sound recording, audio Visual work, broadcast or cable programllle 
at educatIOnal establishment. 
173.-( 1) 'The public performance of a sound recorciing, audio visual \vork, broadcast 
or cable programme at an educational establishment for the purposes ofinstruction, bei()fe 
an audience consisling of persons who are students or staff members at the estahlishlnenl 
or persons directly connected with the acti viUcs of the estahlishment, does not infri nge any 
nf the rights conferreu by thIS Pan.. 
(2) For the puqx}ses oflhis section, a person is not a person directly connected wIth 
the activities 01" an educational cstahiishmcnt by reason only that the person is a parent or 
guardian of a student at that educational cslahlishmcnt. 
Rt'cordillg :1 !JiOtjf!,li,\lS and cable prngl'll!11l1u:J by edUC(1TWnal t.'sluiJlis/Win/C 
174. J\ recording of a hro,!ocast or cable programme, or a copy of such a recording, 
may be 1113de by or on behaif of an el.iucatJonal establishment for the educational purposes 
uf the establishment without lI1fnnging any of the rights conferr~d hy lI1!.S Part in rdalion 
iO any performance or rcct1rJing mc1udcu in tIle recording or copy 
.\'ubsequ{'1/l dUJlinss 
175.--(1) If a recording. O[ a copy of a recording, that would otlK'.f'.VlSe he an illicit 
rccording-
(a) is made 111 accoruance \vifh section 172 or 174, and 
(b) is subsequently dealt \vjth, In terms of suhsection (2) of this section, 
it IS all illicit rccording--IPINIIIFJI/CI1 
Page 115 
(i) for the purposes of the dealing referred to in paragraph (b) unless the 
dealing is authorised by the performer; and 
(ii) for the purpose...;; of any dealing that is sUbsequent to the dealing 
referred to in paragraph (b), unless the nrst-mentioned dealing is 
authorised by the performer. 
(2) In subsection (I) the term "dealt with" nleans sold or let for hire, or offered or 
exposed for sale or hire, in the course of a business. 
Parliamentary and judiczal proceedings 
176. The rights confcrred by this Part are not infringed by anylhing done for the 
purposes of-
(a) parliaIllcntary or judicial proceedings; or 
(b) reporting such proceedings. 
Coml1llSSlOns OflflqU/ry and statutury lIlqumes 
177. rnlC rights confelTcd by this Part are not infringed by anything done for the 
purposes of-
(a) the proceedings of a commission of inquiry a rnmistcrial inquiry or a 
statutory inquiry; 
(b) rcporting any such proceedings that are held in public. 
Acts done under slalwOJY authonty 
178.--( 1) If the doing of a particular act is spccitically authorised by a written law, 
the doing of the act does not jnfringe the rights confcrr~d by this Part unless the law 
provides otherwise. 
(2) NoU1ing in this section exclU(jes any defence of statutory authority otherWIse 
available under or pursuant io any written law. 
Use of recordings a/spoken ~vords It! ccrlmn cast's 
179.---( 1) If a recording of the reading or recitatlon of a literary work IS made-
(a) for the purpose of rcporJng current events; or 
(h) for the purpose of broa<icasring, or comnlUlllcal1ng to the public, the 
whoie Of part of the reading or recitation, 
it is not an infringement ofL~e right:.; conferred hy HllS Part to llse the recording (or to copy 
the recording and use lhe copy) for that purpose, if the cOI1chl1ons comained in subsection 
(2) ,ITe complied with. 
(2) The condiuons referred to in subsection (1) are that--
(a) the recording is a direct recording of tlj2 reading or recitation and is not 
taken from a previOllS rcCl_)fdi~g 0r from [rb:-oaocast Df cahle programme; IPINllIFJI/C/1 
Page 116 
(b) tile making of the recording was not prohibited by or on behalf of the 
person giving the reading or recitation; 
( c) the use made of the recording is not of a kind prohibited by or 0 n behalf 
of that person before the recording was made; and 
(d) the use is by or with the authorityofaperson who is lawfully in possession 
of the recording. 
Recordings offolk-songs 
180.-(1) A recording of a performance of a song may be made for the purpose of 
including the song in an archive maintained by a prescribed body without infringing any 
of the rights conferred by this Part, if the conditions in subsection (2) are complied with. 
(2) The conditions referred to in subsection (1) are that-
(a) the words are unpublished and of unknown authorship at the time the 
recording is made; 
(b) the making of the recording does not infringe any copyright; and 
(c) the making of the recording is not prohibited by any performer. 
(3) Copies of a recording made in reliance on subsection (1) and included jn an 
archive maintained by a prescribed body may.ifthe condition in subscction (4) is complied 
with, be made and supplied by the archivist without infringing any of the rights conferred 
by tilis Part. 
(5) TIle condition referred to in subsection (3) is that no person is furnished wll]} more 
than one copy of the same recording. 
Playing of sound recording for purposes of club. society, ere. 
181.--(1) It is not an infringement of any right conferred by this Part to play a sound 
recording as part of the activities of, or for the benefit of, a club, society, or other 
organisatioIl, jf the conditioHs in subsccUon (2) are complieci with. 
(2) ll1c conditions referred to in subsection (1) are-
(a) that the club, society, or organisaUon is not established or comlucted fur 
profit; 
(b) thJt the main objects of the club, society, or organ.isaUon are cI1Jritah1c or 
arc otl1erwisl.: concerned witi) the advancement of religion, education, ur 
social welfare: and 
(c) that the proceeds of any charge for admission to the place where the 
recording is to be ht~ard afC applied solely for the purposes of tl1e club. 
SOC1C.ly, or organisation. IncIdental recording for purposes of broadcast or cable programme 
182.-(1) A person who proposes to-
r a) broadcast a recording of a performance; or 
(b) communicate to the public a recording of a performance, IP/N/IIFJI/C/I 
Page 117 
in circumstllflces not infringing the rights conferred by tins Part is to be treated as having 
obtained consent for the purposes ofthls Part to the making of a recording for the purposes 
of the broadcast or cable programme. 
(2) The consent referred to in subsection (1) is subject to the conditions that the 
recording-
(a) must not be used for any other purpose; and 
(b) must be destroyed within 6 months of being first used for broadcasting the 
performance or, as the case may be, communication to the public of the 
performance, 
unless the I\1inister has authorised the preservation of the recording in the records of a 
government department or in u1C National Archives because of its documentary character 
or exceptional importance, in which case it may be kept and used for archival purposes. 
(3) A recording made in accordance with this section is an illicit recording-
(a) for Lf)c puqYJses of any usein breach of the condition in suhsection (2)(a); 
and 
(b) for all purposes if either of the conditions in subsection (2) is broken. 
Free public peiformance of hrowicas! or cable programme 
183.--(1) Tne public performance of a broadca5t (other than a broadcast to WhICh 
subsections (5) to (7) apply), the communlcation of a cabJe progran1me to an audienc.e, or 
allY other conuTIunkatlon to at"1 audience which has nor paid for admission to the place 
where the broadcasL cable programme or C0l11D1upJcation is to be heard or seen, dOes not 
infringe any right confcHt..:d by trjs Part in relation to a perfom1ance or recording included 
in-
(a) t11e hroadcast. cahle programme Of comnmnicDtlon: Of 
(b) any sound recording or audio visual \vork that IS p1ayed or shown in 
public hy receptIOn of the broadcast. cahlc progr:1mmc or other 
communicatJOn. 
(2) For the pur-puses of subsection (1) an audienc\~ is to be treated as having paid for 
adlnission to a place if-·-
(a) members ofthc audience have paid for admIssiun to a place ofwl1ich that 
place forms pJrt; 
(h) goods or serVIces are supplied at that place, or at a place of wl·ucll that 
place J.'orms pan, at prices-IP/N/l/FJIIC/l 
Page 118 
(i) that are substantially attributable to the facilities afforded for 
hearing or seeing the broadcast, cable programme or other 
communication to the public; or 
(ii) that exceed those usually charged there and that are partly attributable 
to those facilities; or 
(c) the place is a hotel, motel, camping ground or similar place and the 
audie.nce consists of persons residing at the hotel, motel, camping ground 
or place. 
(3) For the purposes of subsection (1) the following are not to be treated as having 
paid for admission to a place-
(a) persons admitted as residents or inmates of a place (other than a hotel, 
motel, canlping ground, or other place to which subsection (2)( c) applies); 
(b) persons admitted as melnbers of a club or society where the payment is 
only for membership of the club or society and the provision of facilitles 
for hearing or seeing broadcasts or cable programmes is only incidental 
to the main purposes of the club or society. 
(4) Subsections (5) to (7) apply in respect of the public performanceofa broadcast-
(a) that is made for reception in the area if.. which it is played or s!1o\vn; 
(b) that is not a satellite transnlission or a.'l encrypted transmission; and 
(c) that is shown orpluycd simultane(lusly upon reception ofthetransmisslon 
of the hroadcast. 
(5) The public performance of a broadcast to which subsection (4) applies to an 
audienc.e which has not paid for admission to the place where the broadcast is to be heard 
or seen does not infringe any right confeIred by tllis Par! in relation to a performance or 
recording included in-
(a) the broadcast; or 
(b) any sound recording or audio visual work included in 1he hro:J.c1cast. 
(6) I ... 'or the purposes of su!)section (5) ~_il allrJience is 1.0 be treated as havIng paId for 
admission to 3 place 11"----
(a) mcmhers ufthc audience have paid for admission to a place of which that 
place forms p~u-t; or 
(b> goods or services arc supplied at that place, or a placeofwhich that place 
forms part--
(i) at prices that. are substantially attributable to the facilitIes afforded 
for hearing or seeing the broadcast~ or IP /NIl IF JI/CII 
Page 119 
(ii) at prices exceeding those usually charged there and that are partly 
attributable to those facilities. 
(7) For the purposes of subsection (5) the following are not to be treated as having 
paid for admission to a place-
(a) persons admitted as residents or inmates of a place (including, without 
limitation, persons resicling in a hotel, motel, camping ground, or similar 
place; 
(b) persons admitted as members of a club or society where the payment is 
only for membership of the club or society and the provision of facilities 
for hearing or seeing broadcasts or cable programmes is only incidental 
to the main purposes of the club or society. 
(8) If the maldng of a broadcast or communication to tl1e public was an infringement 
of the rights conferred by this Part in relation to a perfOmlaI1Ce or recording, the fact that 
the broadcast or communication wal) heard or seen in public by the reception of a broadcast 
or cable programme lnust be taken into account in assessing the damages f()r that 
infringenlent.. 
ReceptwTI and retraTl.'mllSSlOn ofbrrJudcast In cable programme sen.'lce 
184.--·-( 1) This section applies where a broadcast Blade fronl a place in the Fiji Islands 
is, by reception aDd immedjate rctra..l1smissjon, commurilcatcd to the puhlic. 
(2) V/here tllis section applies--
(a) tile rights conferred by this Part in relation to a performance or recording 
included in tile broadcast are not infring('Jj if ~ll1d to the extent that the 
bruadcast is mad~ for reception in the area in which the cahle programme 
service lS provldcd; and 
(b) if the making of the broadcast was an infnngernent of any right conferred 
by this Pa.rt, the fact that the broadcast \vas r~transmjticd as a programme 
in a cab1c prograrnnlc service must be taken into account in a..<\sessing tl1C 
damages rnr the infringement. 
Pm\'IS!On "./.·;uh!ifled COPi(!.S of broc!fica.H or caNe progra/lime 
185.----( 1) i't. pre~cribeci body may, for U1e purpose of provIding people who afC deaf 
or hard ofheanng or pl1yslCallv or mentally handicapped in (:my OL!1c:r way, With copies rh~t 
arc sublltled Of OUtC[V/iSL" moclified for their special needs, ;nake reconJj ngs of televIsion 
broadca<sts or cable prograI11mes wil1K}ut infringing 3n)' right conferred hy this Part In 
relatjon to a f-rCfformancc or recording included in the broadcast or cable programme. 
(2) A body must not be prescribed for the puryoses of subsection (1; if it i~ estahlished 
or conducted for prul1t. IPINI 1 IF JI/e/1 
Page 120 
Recording of broadcast or cable programmefor archIval pu.rposes 
186.-(1) A recording of a broadcast or cable programme of a prescribed class, or a 
copy of such a recording, may be made for the purpose of being placed in an archive 
maintained by a prescribed body without infringing any right conferred by this Part in 
relation to a performance or recording included in the broadcast or cable progranlme. 
(2) A body mustnotbe prescribed for the purposes of subsection (1) ifit is established 
or conducted for profit. 
Division 4-Duration and Transmission of Rights 
Duratwn ofnghts 
187. The rights conferred by this Part exist in relation to a performance until the end 
of 50 years after the end of the calendar year in which the performance takes place. 
TransmissIOn of rights 
188.-(1) The rights conferred by this Part are not assignable, and are trans111issible 
only in accordance with this section. 
(2) On the death of a person entitled to performers' rights-
(a) if the deceased person by testamentary disposition specifically directed 
that the right) should pass to any person or persons, the rights so pass~ 
(b) if or to the extent that there is no such direction, the rights are exercisable 
by the personal representatives of the deceased person, 
and references in this Part to the performer, in the context of the person having performers' 
rights, are to be construed as references to the person for the time being entitled to exercise 
those rights. 
(3) Irunder suhsectIOn (2)(a) a right becomes exercisable by more than one person, 
it is exercisable by each of them independently of the other or others. 
(4) Any damages recovered by personal representatives under this section in respect 
of an infringement after a person's death devolve as part of the estate of that person as if 
the right of action had existed and been vested in the person immediately before death. 
Division 5-COllsent 
Consent 
189.-(1) Consent for the purposes of this Part may be given in relatIon to a specific 
performance, a specified descnptJonofperformances, or performances generally, and may 
relate to past or future performances. 
(2) If a right conferred by this Part passes to another person, any consent binding on IP/NIl/FJI/CI 1 
Page 121 
the person previously entitled binds the person to whom the right passes in the same way 
as if the consent had been gi ven by that person. 
Power o/Tribunal to give consent on behalf o/perfomler 
190.-(1) If a person wishes to make a copy of a recording but-
(a) the consent of a performer to the making of such a copy is required; and 
(b) either-
(i) the identity or whereabouts of the performer cannot be ascertained 
by reasonable inquiry; or 
(ii) the performer unreasonably withholds his or her consent, 
the person may apply to the Tribunal for consent to nlake the copy. 
(2) The Tribunal may, subject to this section, make an order giving consent to the 
making of the copy and may attach any conditions to the order it thinks tit. 
(3) The consent given by the Tribunal under subsection (2) has effect as the consent 
of the performer for the purposes of the provisions of this Part relating to performers' 
rights. 
(4) The Tribunal must not give consent under subsection (2) unless satisfied that any 
directions as to the service or publication of notices the Tribunal gives have been complied 
with. 
(5) The Tribunal must not give consent under subsection (2) unless satistied that the 
performer's reasons for withholding consent do not include the protection of any 
legitimate interests of the performer; but it is for the performer to show what the reasons 
are for withholding consent, and in default of evidence as to the reasons the Tribuna] may 
draw any inferences it thinks fit. 
(6) In any case before it the Tribunal must take into account the following factors­
(a) whether the recording of which the applicant seeks to make a copy was 
made with the performer's consent and is lawfully in the possession or 
control of the person proposing to make the copY' 
(b) \vhether the nlaking of the copy is consistent with the obligations of the 
parties to the arrangements under which the recording was made, or is 
otherwise consistent with the purposes for which the recording was made. 
(7) If the Tribunal gi yes consent under this section, it must. in default of agreement 
between the applicant and the performer, make any order as it thinks fit as to the paYlnent 
to be made to the performer In consideration of consent being given. IP/N/1/FJIIC/1 
Page 122 
Division 6-Remedies for Infringement 
Proceedingsfor infringement ofpeifonners' rights 
191.-(1) An infringement of any of the rights conferred by this Part is actionable by 
the performer in whom the right is vested. 
(2) An infringement of any of the rights conferred by tllis Part is actionable, on behalf 
of a performer, by a Person having recording rights, without any need to obtain the consent 
of the performer to the bringing of the proceedings, unless the performer (when conferring 
the recording rights) expressly requires his or her consent to be obtained. 
(3) In proceedings for infringement of any of the rights conferred by this Part the 
relief that a court may grant includes-
(a) an injunction (subject to any ternlS the court thinks fit); and 
(b) damages. 
(4) If, in proceedings under tIus Part-
(a) an infringement is established; and 
(b) the court is satisfied that it is proper to do so, having regard to­
(i) the flagrancy of the infringerrlent; 
(U) any benefit accruing to the defendant as a result ofthe infringement.; 
and 
(Hi) all other relevant nlatters, 
the court may award any additional damages the justice of the case requires. 
Order for delivery up En civil proceedings 
192.-(1) If a person has an illicit recording of a performance in Ius, her or its 
possession, custody, or control in the course of a business-
(a) any person having performers' rights in relation to the performance under 
this Part; or 
(b) any person having recording rights in relation to the performance under 
tills Part, 
may apply to a court for an order that the illicit recording be delivered up to the applicant 
or any oilier person the court may direct, notwithstanding iliat other proceedings for 
infringement of this Act ha ve not been commenced. 
(2) An order must not be made under subsection (1) unless ilie court also makes, or 
it appears to the court that there are grounds for making, an order under section 199. 
(3) A person to \vhom an illicit recording is delivered up in pursuance of an order IP/NIl/FJI/CI 1 
Page 123 
under this section must, if an order under section 199 is not made, retain the illicit recording 
pendingthe making of an order, or the decision not to make an order, under that section. 
(4) Notwithstanding any rule of court, an order may be made under this section on 
an ex parte application if service of notice of the application would cause undue delay or 
other serious detriment to the applicant. 
(5) Nothing in this section affects any other power of the court. 
Right to selze illicit recordings 
193.-(1) An illicit recording which is found exposed or otherwise immediately 
available for sale or hire, and in respect of which a person would be entitled to apply for 
an order under section 192, may be seized and detained by that person or a person 
authorised by that person. 
(2) The right to seize and detain under subsection (1) is exercisahle suhject to the 
following subsections and is subject to any decision of the court under section 199. 
(3) Before anything is seized under this section notice of the time and place of the 
proposed seizure must be given to a local police station. 
(4) A person may for the purpose of exercising the right conferred by this section 
enter premises to which the public have access, but may not seize anything in the 
possession, custody or control of a person at his, her or its permanent or regular place of 
business and may not use any force. 
(5) If anything is seized under this section. a notice in the prescribed form containing 
the prescribed particulars as to the person by whom or on whose authority the seizure IS 
made and the grounds on which It is made must be left at the time and place ofthe seizure. 
DivislOfl 7-0ffellces 
Cnmlnalliabiiity for makmg, dealing with, llSlng. or copymg illiCIt recordings 
194.-(1) A person who, without the consent of the performer-
(a) makes for sale or hire; 
(b) imports into the Fiji Islands otherwise than for that person's private ano 
domestic use: 
(c) possesses in the course of a business with a view to committing any act 
infringing the rights conferred by this Part; 
(d) in the course of a business-
0) offers or exposes for sale or hire; 
(ii) sells or lets for hire; IP/N/I/FJI/C/l 
Page 124 
(Hi) distributes; or 
(e) distributes otherwise than in the course of a business to such an extent as 
to affect prejudicially the performer, 
a recording that is, and that the person knows is, an illicit recording. commits an offence. 
(2) A person who causes a recording that is, and that the person knows is, an illicit 
recording, to be-.. 
(a) subject to a public performance or communicated to the public, or 
(b) broadca~t or included in a cable progrrunme service, 
commits an offence. 
(3) A person who, otherwise than for that person's private and domestic use, copies 
a recording-
(a) without the consent of the performer, if the person knows ti1at the 
recording was made without the performer's consent: 
(b) where the copy is made for pUrp<)ses different from those for which the 
performer gave consent, and the person knows that the performer has not 
consented to the copying of the recording for different purposes; 
(c) where the original recording was made in accordance with one or more 
ofthe exemptions contained in sections 170 to 174 or sections 176 to 181, 
the copy is made for different purposes, aud the person kno\vs that the 
performer hac;; not consented to the copying of the recording for those 
different purposes, 
conunits an offence. 
(4) A person who commits an offence under this section is liahle on conviction-­
(a) in the case oran offence under subsection (1) -to a JineofS5,OOO for every 
illicit recording to which the offence relates. hut not exceeding $50.00{) 
in respect of the same transaction, and to imprisonment for 3 lI1f.mths; 
(b) in the CCl..,",C of an offence against subsection (2) or (3) -IO a tine of $50,000 
and to imprisonment for ~~ months. 
(6) If a IY2fson IS convicted of an offence against Htis section in circumstances v.'b.'.re 
the offence involves the making of profit or gain, the offence is deemed to have c3uscd Lt 
tUSS of property for the purposes of section 165 of the Crirnirul Procecure: Code (Cap. 2 i) 
and the provisions of that Act relating to restitution apply accordingly 
OrdEr for (h'livery up l!1 cnl1llnal proceedinl{s 
195.--(1) TI1e court before w}-1jch proceedings are brought agalDst a person for an 
offence under section 194 DWy, if saUsf1ed that, at U1C time of the delt~ndant's arrest nr IP/NIIIFJIIC/l 
Page 125 
charge, the defendant had in his, her or its possession, custody, or control in the course of 
a business an illicit recording, order that the recording be delivered up to a person having 
performers' rights in relation to the performance or to' any other person the ,court may 
direct. 
(2) An order may be made under subsection (1) by the court of its own motion or on 
the application of the prosecution, and may be made whether or not a person is convicted 
of the offence, but must not be made if it appears to the court unlikely that any order will 
be made in the proceedings under section 199. 
(3) A person to whom an illicit recording is de]jvered up pursuant to an order 1llade 
under tius section lllUst retain the recording pending the making of an order, or the decision 
not to make an order, under section 192. 
Search warrants 
196.--(1) If a magistrate is satisfied by information on oaU1 gl ven by a IX)lice oftlcer 
that there are reasonable grounds for believing-
(a) that an offence under paragraph (a), ( b), (d )(iii) or (e) of section 194 ( 1) 
has been or is about to be cOlnnlitted in any premises; and 
(b) that evidence that such an offence has been or is about to be comlnitted 
is In those premises, 
the magistrate may issue a warrant authorising a police officer to enter and search the 
prem.1ses, using such re(l_~onable force as is necessary. 
(2) A w,ur3...rll under Hlis section--
((1) may authorise persons to accompany any [y'Jlice officer ex~cuting tllc 
\varrant~ and 
(b) rCiOains in force for 2~ days [rorn the date of its ls~ue. 
(3) In executing a v/(\rrant issued under tlli.s Se(:tlon a police onlcer may selze an 
article irhe or S11C reasonably believes that It is evidence that an ofknce under section 194 
(j) has been or is about to bc comlmlted. 
Pulse rqJTCsentali(Jrl (~r (JUIi;onrv Co glve ("of/scnT 
197. A person \-vho represents fCilsely lhat he or she IS authorised by any other per:1\)D 
to give consent for tJ~c purposes ef 1111s Pnrt in relatlon to a performance, unless tl1e 1ir~;I-
111entionell p~rsi.)n bt'-1il~vcS on rcasonahk grounds that hE' or she is so authorised, COIlWlltS 
an offence and is liable on conviction to a fine of $10,\.1\.,)0 and to imprisonment for :­
months. 
La;l;Ji!ity (lo.tfiCf.'rS {<{body corporate 
198. If a body corporate is conVIcted i)f an otTrence agJinst section 194 every director IP/N/l IF JIIC/l 
Page 126 
and every person concerned in the management of the body corporate is gUilty of the 
offence if it is proved-
(a) that the act that constituted the offence took place with his or her authority, 
permission, or consent; and 
( b) that he or she-
(i) knew, or could reasonably be expected to have known, that the 
offence was to be or was being committed; and 
(H) failed to take all reasonable steps to prevent or stop it. 
Order as to disposal of illicit recording 
199.-( 1) An application may be made to a court for an order that an illicit recording 
delivered up pursuant to an order under section 192 or 195 or seized under section 193 be-
(a) forfeited to any person who has performers' rights in relation to the 
performance as the court directs; or 
(b) destroyed or otherwise dealt with as the court thinks fit. 
(2) In consiliering what order (if any) should be made under subsection (1) the court 
nlust have regard to- . 
(a) whether other remedies available in proceedings for 1l1fringement of the 
rights conferred by this Part would be adequate to compensate the person 
or persons entitled to the rights and to protect the interests of that person 
or of those persons; and 
(h) the need to ensure that no illicit recording is disposed of in a manner that 
would adversely affect a person having performers' nghts in the 
performance. 
(3) TIle court must issue directions as to the service of notice under this sectIOn on 
persons having an interest in a fc.cording. 
(4) Any person having an wirrest in a reco[(ling is enUtlcd--
(a) to appear m proceedings for an order under this sectJOl1. \vhetht~r nr not the 
person is served with notice; and 
( b) to appcai against any order nlade uncler suhsection ( I). \vheiher or not the 
person app..:ars in the proceedings, 
and such an order does not take effL:ct until the cnd of the period vr'lr;-u n which notIce of 
an appeal may be given or, if before the end of that period notlcc 01 appeal is duly given. 
until the llnal dcterminalJOn pr abandonment of the proceedings on t~1e appt;?al. 
(5) If there is more lhan une person interested in a recording, the court may direct tl-}at 
the recording be sold, or olhcrv':Jse tieaH \vitl1, and the proceeds (jivid~d, and may make any 
other order as it Hunks just. IP/NIlIFJI/C/l 
Page 127 
(6) If the court decides that no order should be made under this section, the person in 
whose possession, custody, or control the recording was before being delivered up is 
entilled to its return. 
Division 8-Extraterritorial Application 
Extraterntorwl applicatIon of Part X 
200. This Part applies in respect of a performance given in any place outside the Fiji 
Islands by a citizen or subject of, or a person dOIniciIed or resident in. a country or place 
outside the Fiji Islands, ifthc performance was given after the cOming into force in respect 
of that country or place of a regulation made under section 201 which applies to the 
performance. 
RegulatIOns 
201.-(1) The Minister may by regulations apply in relation to any country or place 
outside tlle Fiji Islands any provision of this Part specified in the regulatIOns. 
(2) Regulations made under this section may-
(a) apply any provision of titis Part subject to specified exceptions and 
modifications; and 
(b) direct that any provision of this Part applies either generally or in relation 
to a specifled class of performances. 
(3) TIle 1Y1in.:stcr must not make regulations under this seCDon in relation to a country 
or place unless satisfied-
(a) in the Cil.'.:e of a country -t11at It is a Convention country; or 
(bj in either case -u'1at reciprocal provision has been or will be made under 
Ll'1e law of the country or place in respect of the class of performances to 
\v111ch lilt: rcgul atic)Hs reI ate. 
(4) Regulations under this section may be made to apply gc:ncrally to a country. or 
to '-lily territory for \V!j()se mtcrnatinnJl rclatlons the Government of that country IS 
rCSrK)HSibk. or to the coumry exclusive of al~ or ~:my such terntones. or to a place. other 
than a country, which ius Its own !J.\VS and jurisdiction in respect cf i~rformers' nghts. 
Part X 
COPYRIGHT TRIBUNAL 
[)l\:lswn i--ConstltutzoTl 
CIlT7ynglit Tribunal 
202. 11n,s s(~cl1()n t'sr~lhlishc:; the Copyright Trihun~il. JP/N/lIFJIICIl 
Page ]28 
Membership of Tribunal 
203.-(1) Subject to subsection (4), the Tribunal consist~ of a Chairman and 2 other 
Inembers. 
(2) Tne Chairman of the Tribunal--
(a) must be appointed by the Judicial Service Commission; and 
(b) must be a legal practitioner of not less than 7 years' standing. 
(3) The Judicial Service Commission must apIX>int the other 2 members of the 
Tribunal. 
(4) The Judicial Service Commission may appoint a Resident Magistrate to be the 
Tribunal and a reference in tillS Part to a member of the Tribunal includes a Resident 
Magistrate appointed as the Tribuna]. 
Tenll of oJJlce ofmembers of Tribunal 
204.---{1) A member of the Tribunal may be appointed for a term not exceeding 5 
years. 
(2) A memhcr ofLl1e Tribunal may hold office concurrently with any other office held 
by him or her and may be reappointed. 
(3) UlA')n the expiry of tlle ternl t<')f which a member was appointed, the member, 
unless he or she earlier vacates or is renloved from oHlce under section 205, continues in 
of11ce until--
(a) he or she is reappointed; or 
(b) a succ~ssor is appointed. 
(4) The powers of Ihe Tribunal ~re not affected hy any vacancy In its memhership. 
VaCf1!/on oJ office 
205.-(1) A mcmoeroflhe Tribunal 111UY at any time resign office by notice in writing 
to tllC JuJiclaJ Service: CommissIOn. 
(2) A member or' iJ1C Trihunal is deemed to llave vacated office jf he Of she dies. or 
~s adjudged bankrupt under 111l: laws of any coun1ry. 
(3) A member of the Tribunal may at any time be I\-'movcd from office by ~11C Judjclal 
Service Commission fur disability aff~c!lng performance of dUly, for neglect of duty, or 
for misconuuct. 
DepUflC.I' oflllunbas 
206.--(1) H a m~mber of the Tribunal·--IP/N/1/FJI/C/1 
Page 129 
(a) becomes incapable of acting by reason of illness, ahsence, or other caus~; 
or 
(b) deems it not proper or desirable to act in any p~U1kular proceedings, 
the Judicial Service Commission may appoint a person to act as deputy to the member for 
the period or purpose stated in the appointment. 
(2) A person must not be appointed as deputy to 111e ChaIrman unless he or she js 
eligible for appointrnent as Chairman. 
(3) A deput.y, while acting as such, is deemed to be a member of the Trihunal. and the 
deputy to the Chairman while acting as such has the powers of the Chairman. 
(4) No appointment ofa deputy, no act done by a deputy as such, and no act done by 
111c Tribunal whlle any deputy IS acting as such, may in any proceedings be questIoned on 
the ground that the occasion for the appointment had not arisen or had ceased. 
RemuneratIOn and travelling allowances 
207.-(1) Members of the Tribunal are entitled to be paid remuneration by way of 
fees, salary or aJiowances ami travelling allowances and expenses to be t1xecl by the Public 
Service Commission. 
(2) Subsection (1) does not apply to an appointment made under section 203 (4), 
DIviSIOn 2-1tlrisdic{um and Procedure 
Jurndic(/(Jf1 of Tribunal 
208. TIle Trihuna! has th~~ Cunciions ~()n[crred on It hy rllis Act and any other v.:ntlcll 
lavV. 
Partlcs ID procc{:dings 
209.--{1) '"nlC opcrato: of a licensing scheme or a pruro:-;cd licensing scheme wlucll 
IS th~ subject or :.1 reference or application to l11c Trihunctl under section 141. 
142.143,145.146.149.150. or 151 must he included as a r~1fty in the prncet;Jings befof\.' 
the Trihu oa1. 
(2) The Trihunal may direct IDJ.t an organisation or P'.2fSOli hl..~ ~ddcu as a r~\rty 10 ar.:. 
proceedings before the Trihunallrthe Trlbun:lllS satisfied that t11e: organisatIOn or pcrSPIl 
h<.t; c~ substantial interest in the matter in disputc and cith~~[---
(a) the organisatIon or person applies to be made a party to the procecding:-;; 
or 
(b) t11e. 'Trihuna1 of Its o\",n motion adds the ~)rg(lnJs2tIOn or person as a pan~. 
(3) If 1Ii t!h~ opliwm o1'111c Attorncy-Gl~neral tile public interest lS or may he al1erk'(\ IP/N/lIFJIIC/I 
Page 130 
by any proceedings before the Tribunal, the Attorney General may, on giving such notice 
to other parties as the Tribunal directs, appear and be heard, or may present submissions 
in writing. 
Siltings afTribunal 
210.-(1) The Tribunal must fix a time and place for the hearing of proceedings and 
cause notice to be given to the parties of the time and place so fixed. 
(2) A sitting of the Tribunal must not take place, except for the purposes of 
interlocutory or other ancillary matters, unless all members are present. 
(3) Sittings of the Tribunal must be heldin public unless the Tribunal in any particular 
case, having regard to the interests of the parties and of all other persons concerned, 
considers that a sitting or any part of it should be held in private. 
(4) The Tribunal may prohibit the publication of any report or description of the 
proceedings or of any part of the proceeding before the Tribunal. 
(5) A person who contravenes an order made under subsection (5) commits an 
offence and is liable on conviction to a fine of $5,CXXJ. 
(6) Sittings of the Tribunal may be adjourned from time to time and from place to 
place. 
Procedure of Tribunal 
211.--(1) A party to proceedings before the Tribunal may appear personally or by 
a legal pracHtioner or agent. 
(2) The Tribunal may appoint a legal practitioner to appear and be heard In any 
proceedings as counsel a<;sisting the Tribunal. 
(3) TIle decision of the majority of nlcnlbers is the decision of the Tribun:i!. unless 
the TribunaJ consists of a single judge. 
(4) A decision of the Tribun~l must be in writing and must state L'1e rez~ons fur the 
decision. 
(5'1 Except as othenvise provided in tillS Pan, the Tribunal (ietenn]n:~)s lT~ own 
procedure. 
Ev:Jenct.: In pr()cecdings before Tribunal 
212.--( 1) Subject to this section, the Evidence Act (Cap 41) applies to the Trihunal 
in the same manner as if the Tribunal were a court \vithin the meaning of that Act. IP/N/lIFJI/C/I 
Page 131 
(2) The Tribunal may receive as evidence any statement, document, infonnation or 
matter that may in its opinion assist it to deal effectively with a matter before it, whether 
or not the same would be admissible in a court of law. 
(3) The Tribunal may take evidence on oath, and for that purpose any member or 
officer of the Tribunal may administer an oath. 
(4) The Tribunal may pennit a person appearing as a witness before it to give 
evidence by tendering a written statement and, if the Tribunal thinks fit, verifying it by 
oath. 
Witness summons 
213.-(1) TIle Tribunal may of its own motion, or on the application of any party to 
the proceedings, issue a witness summons to a person requiring the person to attend before 
the Tribunal to give evidence at the hearing of the proceedings. 
(2) A witness summons under subsection (1) 111uSt state­
(a) the place where the person is to attend; 
(b) the date and time when the person is to attend; 
(e) the papers, document~, records, or things that the person is required to 
bring and produce; 
(d) that the person is entitled to be tendered or paid a sum in respect of 
a110wances and travelling expenses; and 
(e) the penalty for failing to attend. 
(3) TIle power to issue a witness surmnons under tillS section may be exercised hy the 
Tribunal or the Chairperson, or by any officer of the Tribunal purporting to act by the 
direction or with the authority of the Tribunal or the Chairperson. 
Stn'lce of summons 
214.-{ 1) A viitness summons under section 213 may be scrved~ 
(a) by delivering it personally to the IJf~rson sUlnmoned; or 
(b) by posting it by registered 1etter acldresscd to the person summoned at that 
perszm's usual place of residence. 
(2) A summons must---
(a) if served under subsection ;l)(o) be served at least 24 hours before the 
attendance of the \vit.nes~ is rcqulred; or 
(b) 11' it is served under subsecUon (1 J(b) be served at least l~) days before the 
date on which the attendance of the Witness is required. IPINIl/FJIIC/l 
Page 132 
(3) If a summons is posted by registered letter, it is deemed for the purposes of 
subsection (2)(b) to have been served at the time when the letter would be delivered in the 
ordinary course of post. 
Witnesses' allowances 
215.-(1) A witness attending before tlle Tribunal to give evidence pursuant to a 
sunlffions is entitled to be paid witnesses' fees, allowances and travelling expenses either 
a~ prescribed by regul~tions or, if there are no such regulations, as the Tribunal determines 
in each case. 
(2) When the Tribunal issues a summons under section 213 the Tribunal, or the 
person exercising the power of the Tribunal under subsection (3) of that section, must fix 
an amount that, on the service of the summons, or at some other reasonable time before the 
date on wh.ich the witness is required to attend, is to be paid or tendered to the witness. 
(3) The amount to be tIxed under subsection (2) is the estimated arnollnt of the 
allowances and travelling expenses to which, in the opinion of the Tribunal or person, the 
witness is entitled if the witness attends at tlle time and place specified in the summons. 
(4) If a party to the proceedings has requested the issue of a witness summons, the 
fees, allowances, and travelling expenses payable to the witness must he paid by that party 
(5) lftl1e Tribunal has orits own motion issued a witness summons, the Tribunal may 
direct that the amount of the fees, allowances, and travelling expenses-
(a) form part of the costs of the proc~dings; or 
(b) be paid out of public funds. 
Pnvileges and lmmUmCl('S 
216. Witnesses appearing before the Tribunal have the same pri vileges and immunities 
as witnesses have in proceedings in a f\.1agistrates Court. 
Non-attendance or refusal co co-operale 
217.-0) A person who, after being summoned to atrend to give evidence before the 
Tribunal or to produce to the Tribunal any papers, documents, records, or trungs, without 
sufficient causc-
(0) fails to attend in accordance with the summons: 
(b) refuses to be swurn or to g~ve evidence. or. having heen sv·/()!"n, refuses to 
answer any question Hlat the person is la\li:fully requ!reci by th(~ Tribunal 
or any member of it to ans\vcr concerning the proceedings; or 
(c) fails to produce any such parx:r. document, record. or flung. 
cornrnits an offence and is liabJe on conviction to a llnc of $2,(}00. IP/N/J IFJI/C/J 
Page 133 
(2) A person summoned to attend before the Tribunal must not be convicted of an 
offence under subsection (1) unless there was tendered or paid to that person travelling 
expenses in accordance with section 215. 
218.-(1) 
(a) 
(b) 
(e) Contempt o/Tribunal 
A person who-
assaults, threatens, intimidates or intentionally insults the Tribunal or any 
member of it or any special adviser to or officer of the Tribunal, during 
a sitting of the Tribunal, or in going to or returning from any sitting; 
intentionally interrupts the proceedings of the Tribunal or otherwise 
misbehaves while the Tribunal is sitting; or 
intentionally and without lawful excuse disobeys an order or direction of 
a member of the Tribunal in the course of any proceedings before the 
Tribunal, 
cOIDInits an offence and is liable on conviction to a fine of $2,000. 
(2) A member of the Tribunal may order the exclusion from a sitting of the Tribunal 
of any person whose behaviour, in that member's opinion, constitutes an offence under 
subsection (1), whether or not the person is charged with the offence; and a police officer 
may take such steps as are reasonably necessary to enforce such exclusion. 
COS{S 
219.~(1) The Tribunal, in any proceedings before it under this Act, may make such 
order as to costs as it t..1unks fit. 
(2) An order as to costs may be HIed in a 1-1agistJate' s Court and may be enforced as 
a judgment of t.lJat Comt. 
Statmg case for High Court 
220.--(1) 'TIiC Tribunal may, at any tilne, before or during the hearing or before 
delivering its decision, on the application of any party to the proceedings or of its own 
Diotion, state a case for the opinion ofL"1.c High Court on any questlOn oflaw arising in any 
proceedings before Llte Tribunal. 
(2) The Tribunal must gi ve notice to the parties to tlJe proceedings oft.hc Trihunal' s 
intention to stHte a case under this section. 
(3) Except \vhe.re the Tribunal intends to state a case of its own motion, the question 
on a ca.se must be in the form of a special case to be drawn up t)y the partles to the 
proceedings. and. if the parties do not agree, to be settled by the Tribunal. 
(4) If the Tribunal intends to stnte a case of its OVID motion, It must itself stare andsign 
a case setting forth the facts and questions ofIaw arising for the determination of the High 
Court. IPlNll/FJIIC/l 
Page 134 
(5) Every case stated for the High Court under this section must be dealt with in 
accordance with the High Court Rules. 
(6) The High Court must hear and determine any question submitted to it under tius 
section, and must remit the case with its opinion to the Tribunal. 
Appeal on question of law 
221.-(1) If a party to any proceedings before the Tribunal is dissatisfied with any 
determination of the Tribunal as being erroneous in point of law, the party may appeal to 
the High Court on that question of law. 
(2) An appeal under this section must be dealt \vith in accordance with the High Court. 
Rules. 
Part XII 
MISCELLANEOUS 
Division i-Other Laws 
Rights and privileges under other enactmen!s or common Imv 
222.-(1) NOLlling in this Act affects-
(a) any right or privilege of any person under any other enactment; 
(b) any right or privilege ofParlirunent; 
(c) any right or privilege of the State existing otllerwise than under a written 
law; 
(d) the right ofthe State or any person deriving title from Ul.e State to seB, use, 
or otherwise deal witl} objects forfeited under the la\\."s relating to customs 
and excise; or 
(e) the operation of any rule of equity relating to breaches of trust or 
confidence. 
(2) Subject to subsection (1) no copyright or right in the nature of copyright exists 
otherwise tilan under tilis Act or a written law. 
(3) Nothing in this Act affect~ anyrulcof]awprcvcnting or restricting the enforceInent 
of copyright on groumls of public interest or otherwise. 
(4) Nothing in tilis Act affects any right of action or other remedy. whethc;f civil (}[ 
crinlinc], available otilerwise than under this Act in respect of acts infringing any of the 
rights conferred hy Part IV. Division 2-Devices Designed to Circumvent Copy-Protection 
Devices designed 10 circumvent copy-protection IP/N/l IFJI/CI 1 
Page 135 
223.-(1) If copies of a copyright work are issued to the public, by or with the licence 
of the copyright owner, in an electronic form that is copy-protected-
(a) the person issuing the copies to the public ha..c;; the same rights against a 
person specified in subsection (2) as a copyright owner has in respect of 
an infringement of copyright; and 
(b) the person issuing the copies to the public has the same rights under 
section 111 or 123 in relation to any device or means (of the kindreferrecl 
to in subsection (2)( a) of this section) that a person has in his, her or its 
possession, custody,. or control with the intention that it should be used to 
make infringing copies of copyright works, as a copyright owner has in 
relation to an infringing copy. 
(2) For the purpose of subsection (1) (aJ the foHowing are speclt1ed-
(a) a person who makes, imports, sells, lets for hire, offers or exposes for sale 
or mre, or advertises for sale or hire, any device or means specitIcally 
designed or adapted to circun1vent the fornl of copy-protection employed; 
(b) a person who publishes information intended to enable or assist persons 
to circumvent that form of copy-protection, 
knowing or having reason to believe that the devices, means, or informatIOn will be used 
to Inake infringing copies. 
(3) References in this section to copy-protection include any device or nlean:: 
intended to prevent or rcstnct copying ora work or to impair the qUality of copies made. 
(4) Sections] 16 to 1 i9 apply in relation to proceedings under t.his section. 
(5) Sect.ion 125 applies, with all necessary modi orations, in relation to the disposal 
of anytlling delivc.red up under suhsection (1 )(1; j of tillS secrjol1. 
C~tii:iLa (1fraudulently t"t'CCiVllig pros Tmlll1iI.:'S 
224.--( 1) A ferson who. with intent to avoid payment uf an:;,' Charge applicable to tll:: 
reception of a programme lncludcd in a broadca.~t.!ng sf.fvict:' or cable programme serVice 
provid(xl from a place in the Fiji ISlands, recei ves such a programme. commits an offence 
and is liable on conviction w a i1nc of $500. 
(2) If a body corporate IS convicted of an ofTence against tllis sectIOn. every directur 
and every person conccrm.:d in the managen1ent of the body corporate is guilty of t1h-.' 
offence if it lS proved that Ul~ act that constituted the offence took place with ttis or hel 
aut11ority, pe:.-misslOn, or consent. IP/NI1 IFJI/CI1 
Page 136 
Rights and remedies in respect of apparatus, eec.,jor unauthorised reception ojtransmissions 
225.-( 1) A person who-
(a) makes charges for the reception of programmes included in a broadcasting 
service or cable programme service provided from a place in tile Fiji 
Islands; or 
(b) sends encrypted transrnissions of any oilier description from a place in the 
Fiji Islands, 
is entitled to the rights and remedies in subsections (2) and (3). 
(2) A person to whom subsection (1) applies--
(a) ha~ the same rights and remedies against a person referred to in subsection 
(3) as a copyright owner has in respect of an infringement of copyright; 
and 
(b) has the same rights under section 111 or section 123 in relation to any 
apparatus or device (of the kind referred to in subsection (3)(a)) a..1;) a 
copyright owner has in relation to an infringing copy. 
(3) For the purpose of subsection (2)( a) the following are specified-
(a) a person who makes, imports, sells or lets for hire any apparatus or devic~ 
designed or adapted to enable or assist persons to receive the programmes 
or other transmissions when they are not entitled to do SO~ or 
(b) a person who publishes any information that is calculated to e.nable or 
assist persons to receive tlle programmes or other transmissions when 
they are not entitled to do so. 
(4) In section 110(1) as it applies 10 proceedings for infringement of the righrs 
conferred by this section. the reference to the defendant not knowing or h~ving reason to 
believe that copyright existed in Ule work is to be construed as a reference to not }f"nowing 
or having reason to helieve that the acts complained of infringed the rights conferred by 
this section. 
(5) Section 125 applil's. with necessary lIiOdific.aUons, in relation to the clispo.s:.lJ of 
anything delivered up umkr subsection (2)(b) of this section. 
Division 3-Places otaside the Fiji Islands 
S"ppit:mcntary provisioNs as tofmw/dent re(:eptio1l. 
226.-( 1) The I\·1inister may hy rcguIatlons--
(0) provide that section 224 applies in reiaHon 10 programmes included in 
services prnvidl"'d froll1 a country or place outside tlie Fiji Islands; and IPIN/lIFJIIC/l 
Page 137 
(b) provide that section 225 applies in relation to such programmes and to 
encrypted transmissions sent from such a country or place. 
(2) Regulations must not be made under subsection (1) in respect of a country or place 
unless it appears to the ~nister that provision has been or will be lnade under the laws of 
the country or place gi ving adequate protection to persons making charges for programmes 
included in broadcasting services or cable programme services provided from the Fiji 
Islands or, as the case may be, for encrypted transmissions sent from the Fiji Islands. 
(3) If sec.tions 224 and 225 apply in relation to a broadcasting service or cable 
programme service, they also apply to any service run for the person providing that service, 
or a person providing programmes for that service, if the service so run consists wholly or 
rnainly in the sending by means of a telecommunications system of sounds or visual 
images, or both. 
Application to places outside the Fiji Islands 
221..-(1) Tne tv1inistcr may by regulations apply in relation to any country or place 
outside L'1e Fiji Islands any of the provisions of this Act specified in the regulations (except 
Part X and sections 224 and 225 in respect of which powers are gi ven by sections 201 and 
226 respectively.) 
(2) Regulations made under Ulis section may apply a specifi~d provision -
(a) in relation to persons who arc citizens or subjects of a country, or who are 
domiciled or resident in a place -as it applies in relation to persons who 
are Fiji Islands citizens or are domiciled or resident in the Fiji Islancls; 
(b) in relation to bodies incorporated under the law of a country or place -as 
it applies in relation to bodies incorporated und.er the law of the Fiji 
Islands. or, in tile ca~c of an audio visual \vork, as it applies to a body 
which has its headquarters in a prescribed foreign country; 
(c) in relation to Vo/Orks first published in a country or place -as it npplies in 
reiation to works tirst published in the Fiji Islands; 
( J', \ (.i) in id~tion 10 broadcasts Illude from~ or cahlc programmes sent fr01Jl, ~i 
cOlJnLryor pluce -a . .'l it app1ies in reIalion to broadcasts made from. or 
cahk programmes sent from, the Fiji Islands. 
(3) l?.cgulations made untier this secHon rnay-·-
(0) apply any pw\'isinn of this ;\ct subject to speciiJeJ exceptions and 
mo(iitic:ltions; and 
(h) d~l\>.:t Hut any provision ofthjs Act applieS either generally or in relatinn 
to a speciil!,:d ciass of \vorks, or other class of cases. IP/N/lIF JI/CI1 
Page ]38 
(4) The Minister must not make any regulations under this section in relation to a 
country or place unless satisfied-
(a) in the case of a country -that it is a Convention country; or 
(b) in either case -that provision has been or will be made under the law of 
the country or place, in respect of the class of works to which the 
regulation relates, giving adequate protection to copyright owners under 
this Act. 
(5) Regul!!tions under this section may be made to apply generally to a country, or 
to any territory for whose international relations the Govenlnlent of that country is 
responsible, or to the country exclusive of all or any such territories, or to a place, other 
than a country, which has its own laws and jurisdiction in respect of copyright. 
(6) If­
(a) 
(b) 
(c) an unpublished work is of unknown authorship but there are reasonable 
grounds to suppose that the author of the work was at the material time a 
citizen or subject of a country other than the Fiji Islands or \vas domiciled 
or resident in a place other than the Fiji Islands; 
provision has been nlade by regulations under this section for applying 
any of the provisions of this Act in relation to persons \vho are citizens or 
subjects of that other country or are domiciled or resident in that place; 
and 
under the law of that other place a person is authorised to represent the 
author, or to protect and enforce the rights of the author in relation to that 
work, 
the person so authorised must be treated as if the person \vere the author of the work for 
the purposes of the application of any provisions of t.his Act under the regulations. 
(7) In subsection (6), the tenn "at the Inaterial time" has the meaning given to it in 
section 18 (5). 
Denial of copyrighllo persons connected with places nol giving adequate protection 
tu Fiji Islands work 
228.-(1) If it appears to the. Minister that the law of a place, other than a Convention 
country, fails to give adequate protection to copyright in a Fiji Islands \\"ork, or to one or 
Inore classes of such \vorks, the IVlinister rnay by regulation make provision in accordance 
\vith this section restricting the rights conferred by this Act in relation to that place. 
(2) Reguhltions made under this section ni.ust designate the place concemed and 
provide that, for the purposes specified in the reguJations, a work first published after a date 
specified in the regulations is not to be treated as qualifying for copyright by virtue of such 
publication if at that time the author is-· 
(a) a citizen or subject of that place~ if it is a country, or domiciled or resident 
in that place, and not domiciled or resident in the Fiji Islands; or (b) a body incorporated under the law of that place, IP/N/I/FJIIC/I 
Page 139 
and the regulations may make such provision for all purposes of this Act or for a specified 
purpose and either generally or in relation to a specified class of cases, having regard to 
the nature and extent of the failure referred to in subsection (1). 
(3) Regulations under this section may be made to apply generally to a country, or 
to any territory for whose international relations the Government of that country is 
responsible, or to the country exclusive of all or any such territories, or to a place, other 
than a country, which has its own laws and jurisdiction in respect of copyright. 
(4) In this section "Fiji Islands work" means a work by a Fiji Islands citizen or which 
originates in the Fiji Islands. 
Division 4-Regulations 
Regulations 
229. The Minister may make regulations for all or any of the following purposes­
(a) prescribing a body as a judicial body for the purposes of this Act; 
(b) prescribing classes of libraries for the purposes of section 48; 
(c) prescribing institutions for the purposes of section 106; 
(d) prescribing bodies for the. purposes of section 66, 81,82, 180, 185 or 186; 
(e) prescribing classes of broadcasts or cable programmes for the pur~oses 
of section 82 or 186; 
(fJ prescribing the fornl in which a notice is to be given under section 112: 
128, or 193; 
(g) prescribing the particulars to be contained in a notice given under section 
128 and 193; 
(h) requiring a person gi ving a notice under section 1] 2, 128 or 193 either at 
the time of giving the notice or subsequently~ to furnish evidence. in 
support of the clai m; 
(i) reqmnng----
(i) Cl person gi ving a notice under section 112. 128 or 193 either at the 
time of giving the notice or subsequently; or 
(ii) a pe.rson to '.vhorr. cm itGrn is to be or has been released from detention 
under section 132(1), 
to give security or an indelTmity, or both, to such persons) of any amount, and 
on terms and conditions to be detennined by the Comptroller of Customs; 
(j) providing for exceptions to any requirclnent to give security or an 
indemnity irnposed by ~my regulations Inade under paragraph (i); 
(k) providing for the disposition of any security given under any regulations 
made under paragraph (i); IPINI1 IFJI/CIl 
Page 140 
(l) providing for the forfeiture to the claimant, by consent, of an item 
detained under section 132(1); 
(m) prescribing a fee for the purposes of section 136(2)( c); 
(n) imposing requirements in respect of licensing bodies or any specified 
class or classes of licensing body or any specified licensing body, in 
relation to all or any of the following--
(i) the contents of the constitution or other fonn of rules of the licensing 
body or bodies; 
(ii) the representation of copyright owners in the management of the 
licensing body or bodies; 
(iii) the collection, holding, and distribution of n10ney by the licensing 
body or bodies; 
(iv) the disclosure of the financial affairs of the licensing body or bodies: 
(v) access to, and disclosure of, records held by the licensing body or 
bodies; 
(vi) any other matter relating to the conduct or the operation of the 
licensing body or bodies; 
(0) authorising. subject to specified conditions, the rental to the public of 
copies of--
(i) any sPecified class or classes of computer program: 
Oi) any specified class or classes of sound recording; or 
(iii) any audio visua.l work or specified class or classes of audio visuai 
\\'ork. 
without the consent of the owner of the copyright in the work; 
(p) regulating the making, imp0l1ation, sale, hire, or USt~ of decoding 
equipment: 
(q) prescribing offences in respect of the contravention of or non-compliance 
with any provision of regulations made under paragraph (17) and prescribing 
fines. not exceeding $5,000, that n1ay, on conviction, he in1posed in 
respect of any such offence~ 
(r) providing for any ot.her matters contemplated by or necessary for giving 
full effect to this Act tl.nd for its due administration. 
Division 5-1urisdiclioll 
jl-U"isdicrirm vf Magislrmes Court 
230. Proceedings for an offence under this Act Inay be heard and dete.rmined by a 
Resident Magistrate and a Resident h1agistrate Inay impose the maximum sentence under IPINIl IFJI/CIl 
Page 141 
this Act notwithstanding any limitation on a magistrate'sjurisdiction under any other Act, 
and the Magistrates Courts Rules and the Criminal Procedure Code (Cap. 21) are amended 
accordingly. 
Division 6-Repeals 
Repeals 
231.-(1) The Acts specified in Part A of the Schedule are repealed. 
(2) The Orders specified in Part B of the Schedule are revoked in their application to 
the Fiji Islands. 
(3) The regulations specified in Part C of the Schedule are repealed. 
(4) The Interpretation Act (Cap.7) applies to the revocation of certain Orders effected 
by subsection (2) as if it were the repeal of an Act. 
Pait A SCHEDULE 
(Section 231) 
Enactlnents repealed 
Perfonners Protection Act (Cap. 243) 
CopYlight (Broadcasting of GranlOphone Records) Act (Cap. 244) 
PARTB 
Copyright (Fiji) Order 1961 (UK) 
Copyright (International Organisations) Order 1961 (UK) 
Copyright (Broadcasting Organisations) Order 1961(UK) 
Copyright (International Conventions) Order 1964(UK) 
PARTe 
Copyright (Customs) Regulations 
Copyright (Libraries) Regulations 
Copyright (Notice of Publication) Regulations 
Copyright Royalty System (Records) Regulations. 
Passed by the House of Representatives this 4th day of February 1999. 
Passed by the. Senate this 9th day of ivlarch 1999. 