- Provides balance between rights of creator to earn a living and need for public access to works
- Statutory right that gives copyright owners exclusive right to publish, copy, perform, communicate, adapt or authorise use of their works
- Protects way idea expressed, not idea itself
Definition of Copying [S30(2)]
- Copying means reproducing or recording a work in any material form and includes storing (literary, dramatic, musical, or artistic works) in any medium by any means (e.g. CD Rom, computer). However, it does not include making it available online electronically – on an intranet or through Moodle.
Works protected [S14]
- Literary (written, spoken or sung) and dramatic (dance, mime) works – include translations and adaptations (scripts for audio visual works), computer programs, periodical articles, tables and compilations
- Artistic works – include graphic works such as paintings, drawings, diagrams, maps, plans; photographs, sculptures, architecture (buildings and models of buildings)
- Musical works (exclusive of words)
- Films/audio visual works
- Sound recordings
- Broadcasts, cable programmes and communication works
- Typographical arrangements of published editions
Rights protected [S16]
- Copyright owner has exclusive right to copy (store), publish/issue copies to public, publicly perform, communicate/broadcast to public, adapt/arrange or authorise use
- Publication includes making available by means of an electronic retrieval system [S10]
- Moral rights recognised (creator to be identified and to object to derogatory use of work) [Ss85,88]
Works not protected by copyright [S27]
- Bills, Acts, subsidiary legislation, parliamentary debates, reports of Royal Commission, Commissions of Inquiry, Ministerial or Statutory Inquiries, Court/Tribunal judgments.
- Author/creator first owner
- Publisher has typographical rights in published work [S25]
- Employer owner where work created during course of employment
- Certain commissioned works (artistic/photographic/sculpture) owned by person commissioning work
Duration of copyright [S22]
- Copyright lasts 50 years
- From end of year in which author/creator of literary, dramatic, musical or artistic work dies
- From end of year in which photograph taken
- From end of year in which sound recording created/made available to public or first published – whichever the latest [S23]
- From end of year in which broadcast first communicated to public [S24]
- Publisher’s typographical right in published work lasts 25 years from end of year in which work published [S25]
- Works then in “public domain” and free to use
Fair dealing – permitted uses
- Incidental copying of a work in a film or sound recording or other work permissible where copying not deliberate [S40]
- Extracts can be copied for criticism, review, news reporting (as long as work acknowledged – title/author) [S41]
- Copying for research or private study by individuals or through library [S42]
- One article from periodical or up to 10% of a book
- One copy only – cannot be copied further
- Fairness of use dependent on
- Nature of work copied
- Whether available at reasonable price
- Effect of copying on market for/value of work
- Significance of portion copied in relation to whole (10% significant where summaries of all chapters)
Educational exceptions – permitted uses by USP staff
- The copying of one chapter or 10% (whichever is less) from literary, dramatic, musical or artistic works for supply to students or staff. [S44]
- Includes the copying of a whole artistic work (such as an illustration) where it is part of the chapter or 10% being copied.
- Includes copying from similar works available on the internet.
- Can be provided in print form or on CD – cannot be provided online, on a password protected intranet or on Moodle.
- There is no provision for making copies of articles – a reading list should be provided to students who can access them through the library or online.
- The copying of sound recordings, audio visual works or audio soundtracks and broadcasts for instructional purposes (by person giving/receiving instruction). [S44]
- The performance of literary, dramatic or musical works or the playing or showing of sound recordings, audio visual works or broadcasts as long as not to public i.e. restricted to students and staff, not extended to family. [S45]
- Staff can record a television or internet broadcast or copy a recording made by or on behalf of USP for educational purposes. [S46]
- Copyright material can be freely used to set and answer questions for examination purposes which can be communicated (online) to candidates. [S47]
- Copying for individuals for research and private study
- One copy of short excerpt from book [literary, dramatic, music] by one author.[S49]
- Copies of short excerpts from authors’ works in a compilation of works by different authors [excluding articles from periodicals]. [S49]
- One article from a periodical; two if on same subject. [S50]
- Includes artistic work contained in excerpts copied.
- Single copy only.
- Library must be satisfied that it is for research or private study of individual and not at behest of lecturer/university.
- Must not be related to similar requirement of another person – i.e. it is not appropriate for a lecturer to suggest that students approach library for individual copies of excerpt from same work – this is not research/private study - it is copying at direction of university and comes under educational exception.
- There must be a request to copy from library user - library cannot make copies in anticipation of demand.
- Copy provided cannot be copied further [would be an infringing copy]
- Library can seek reasonable remuneration for copy to cover costs.
- Copying for supply to other libraries [S51]
Libraries can provide other libraries with single copies of whole works where the other library [prescribed] has been unable to purchase the work at the normal commercial price in the 6 months preceding supply. The receiving library must keep appropriate records identifying the work copied and pay equitable remuneration to the copyright owner on demand.
- Replacement copies of works in collection [S52]
Where original works are unavailable for purchase in the market place, libraries:
- may make a copy to preserve or replace that item. The copy may replace the original item or be placed in the permanent collection in addition to the original item.
- may copy any item in their collection to replace the item in the permanent collection of another prescribed library as it has been lost, destroyed or damaged.
- Copying unpublished works [S53]
At the request of an individual, a library may make one copy of an unpublished work held in its collection only where the copyright owner has not prohibited copying of the work and there is no collective licence that permits such copying. A reasonable fee may be charged to recoup the costs of such copying.
- Rental by educational establishments and libraries
Educational institutions and libraries can rent out computer programs, sound recordings or audio visual works as long as it is not for the purposes of making a profit.
- Copyright in a literary, dramatic, musical or artistic work is not infringed where it is reasonable to assume that copyright has expired or where it is not possible to ascertain the identity of the author after reasonable enquiry. [S62]
- Reasonable extracts (i.e. a chapter, paragraph) from published literary or dramatic works can be read or recited in public without clearance as long as the reading is accompanied by sufficient acknowledgement of the author. Such a reading can be recorded and broadcast. [S64]
- Abstracts accompanying scientific or technical articles can be freely copied unless such copying is covered under a collective licence. [S65]
- Artistic works such as buildings and sculptures which are situated in a public place can be graphically copied or photographed and issued to the public.
- It is ok to make a backup copy of a computer program [S74] as long as:
- the copy is made on behalf of the lawful user
- for the purpose of being used by or on behalf of the lawful user should the original be lost, destroyed or rendered unusable.
It is good practice to provide a notice on all copies made (whether by libraries or staff) indicating that the copy was made under the specific provision of the Fiji Copyright Act 1999 and may not be copied further without appropriate authority.
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