Commons:Copyright rules by territory/Fiji/mk

This page provides an overview of copyright rules of Fiji relevant to uploading works into Wikimedia Commons. Note that any work originating in Fiji must be in the public domain, or available under a free license, in both Fiji and the United States before it can be uploaded to Wikimedia Commons. If there is any doubt about the copyright status of a work from Fiji, refer to the relevant laws for clarification.

The British established the crown colony of Fiji in 1874. Fiji gained independence in 1970. Fiji has been a member of the Berne Convention since 9 October 1970.^[1] By letter dated 1 December 1971, the Government of Fiji deposited a declaration of continued application of the Brussels Act of the Berne Convention.^[2] Fiji joined the World Trade Organization since 14 January 1996.^[1]

As of 2018 the World Intellectual Property Organization (WIPO), an agency of the United Nations, listed the Copyright Act, 1999 as the main IP law enacted by the legislature of Fiji.^[1] WIPO holds the text of this law in their WIPO Lex database.^[3]

According to the Copyright Act, 1999, copyright is a property right that exists in accordance with this Act in original works of the following descriptions: (a) literary, dramatic, musical, or artistic works; (b) sound recordings; (c) audio visual works; (d) broadcasts; (e) cable programmes; (f) typographical arrangements of published editions.^{[1999 Section 14(1)]}

Under the Copyright Act, 1999,

• Subject to the following subsections, copyright in a literary, dramatic, musical or artistic work expires at the end of 50 years after the end of the calendar year in which the author dies.^{[1999 Section 22(1)]}
• If the work is a photograph, copyright expires at the end of 50 years after the end of the calendar year in which the photograph is taken.^{[1999 Section 22(2)]}

• 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.^{[1999 Section 22(3)]}
• 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.^{[1999 Section 22(4)]} If the identity of the author of a work of unknown authorship becomes known after the copyright has expired, the copyright is not revived.^{[1999 Section 22(5)]}

• With a work of joint authorship, the reference to the death of the author is to be construed as a reference to the death of the last of the authors whose identity is known.^{[1999 Section 22(6)]}
• Copyright in a sound recording or audio visual works expires at the end of the period of 50 years from the end of the calendar year in which the work is made, or is first made available to the public, or is first published, whichever is the latest.^{[1999 Section 23(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.^{[1999 Section 24(1)]}

• 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.^{[1999 Section 25]}
• Where a work is made by or under the direction or control of the State, the State is the first owner of any copyright in the work.^{[1999 Section 26(1)]} State copyright expires
  • in the case of a typographical arrangement of a published edition - at the end of the period of 25 years from the end of the calendar year in which the work is made;^{[1999 Section 26(3a)]}
  • in the case of any other work - at the end of the period of 50 years from the end of the calendar year in which the work is made.^{[1999 Section 26(3b)]}

Under the Copyright Act, 1999, no copyright exists in any of the following works: (a) any Bill introduced into the House of Representatives; (b) any Act as defined in the Interpretation Act (Cap 7); (c) any subsidiary legislation as defined in the Interpretation Act (Cap 7); (d) the debates of the Parliament of the Fiji Islands; (e) a report of a Royal Commission, Commission of Inquiry, ministerial inquiry or statutory inquiry; (f) a judgment of any court or tribunal.^{[1999 Section 27(1]} This applies to works made before or after this Act comes into force.^{[1999 Section 27(2]}

Во ред for buildings, sculptures and works of artistic craftsmanship. Under the Copyright Act, 1999,

• This section applies to (a) buildings; and (b) works (being sculptures, models for buildings, or works of artistic craftsmanship) that are permanently situated in a public place or in premises open to the public.^{[1999 Section 67(1)]}
• Copyright in a work to which this section applies is not infringed by (a) copying the work by making a graphic work representing it; (b) copying the work by making a photograph or audiovisual work of it; or (c) broadcasting, or including in a cable programme, a visual image of the work.^{[1999 Section 67(2)]}
• Copyright is not infringed by the issue to the public of copies, or the broadcasting or communication to the public or inclusion in a cable programme, of anything the making of which was, under this section, not an infringement of copyright.^{[1999 Section 67(3)]}