Copyrights

Copyright in Fiji is a fundamental aspect of intellectual property law, protecting the original creative works of authors, artists, and other creators. Unlike trademarks and patents, copyright protection in Fiji is automatic upon the creation of the work in a material form; no formal registration is required.

1. Governing Legislation:

  • Copyright Act 1999: This is the primary legislation that came into effect on July 1, 2000. It modernized Fiji’s copyright law, aligning it with international standards and conventions, particularly the Berne Convention for the Protection of Literary and Artistic Works, to which Fiji is a signatory. This means that works created in Fiji automatically receive protection in other Berne Convention member countries, and vice versa.

2. Works Protected by Copyright:

The Copyright Act 1999 extends protection to a broad range of original works, provided they are in a material (fixed) form. These include:

  • Literary Works: Books, articles, poems, computer programs, databases, compilations, and similar written works.
  • Dramatic Works: Plays, screenplays, scenarios for films, and choreographic works.
  • Musical Works: Compositions (exclusive of lyrics, which are literary works).
  • Artistic Works: Paintings, drawings, graphic works, photographs, sculptures, architectural designs (buildings and models), and works of artistic craftsmanship.
  • Sound Recordings: Recordings of sounds.
  • Audiovisual Works (Films): Works consisting of a series of visual images which are intended to be shown as a moving picture, with or without accompanying sounds.
  • Broadcasts: Radio and television broadcasts.
  • Cable Programmes: Programmes included in a cable programme service.
  • Typographical Arrangements: The layout and arrangement of published editions.

3. Key Principles of Copyright in Fiji:

  • Automatic Protection: Copyright arises automatically once an original work is created and fixed in a tangible medium. No registration, filing, or other formalities are required for protection. However, some private entities like “Copyright Index” offer registration services to provide “proof of copyright” for dispute resolution purposes, which can be useful in proving authorship and ownership in an infringement case.
  • Originality: The work must be original, meaning it must be the author’s own intellectual creation and not copied from another source. It does not need to be novel or unique in the way a patent does.
  • Ownership: Generally, the author or creator of the work is the first owner of the copyright. However, exceptions apply:
    • Works made in the course of employment: If a work is created by an employee in the course of their employment, the employer is usually the first owner of the copyright, unless there’s a contract to the contrary.
    • Commissioned artistic works: In Fiji, where an artistic work is commissioned for payment, the commissioner typically owns the copyright unless otherwise agreed.
  • Duration of Copyright:
    • Literary, Dramatic, Musical, or Artistic Works (most common): Copyright generally expires 50 years after the end of the calendar year in which the author dies.
    • Photographs, Computer-Generated Works, Works of Unknown Authorship: 50 years from the end of the calendar year in which the work was taken, authorized publication, or creation, respectively.
    • Sound Recordings and Audiovisual Works: 50 years from the end of the calendar year in which the work was made, first made available to the public, or first published, whichever is latest.
    • Broadcasts and Cable Programmes: 50 years from the end of the calendar year in which the broadcast was made or the program communicated.
    • Typographical Arrangements of Published Editions: 25 years from the end of the calendar year in which the edition is first published.
    • State Copyright: Works made by or under the direction of the State generally last for 50 years.
  • Exclusive Rights of Copyright Owners: Copyright owners have exclusive rights to:
    • Reproduce the work.
    • Issue copies of the work to the public.
    • Perform or show the work in public.
    • Broadcast or communicate the work to the public.
    • Make adaptations of the work.
    • Authorize others to do any of these acts.
  • Moral Rights: The Act also recognizes moral rights, which protect the author’s right to be identified as the creator of the work (right of attribution) and to object to derogatory treatment of their work (right of integrity). These rights generally cannot be waived.
  • Fair Dealing Exceptions: The Copyright Act 1999 provides for “fair dealing” provisions, allowing limited use of copyrighted works without permission for purposes such as:
    • Criticism or review.
    • News reporting.
    • Research or private study.
    • Education.
    • Judicial proceedings. These exceptions balance the rights of creators with public access to information and knowledge.

4. Enforcement and Remedies:

  • Infringement: Occurs when someone performs an act restricted by copyright without the owner’s permission.
  • Legal Remedies: Copyright owners can seek remedies for infringement, including:
    • Injunctions: Court orders to stop infringing activities.
    • Damages: Compensation for financial losses suffered due to the infringement.
    • Account of Profits: Recovery of profits made by the infringer.
    • Delivery Up: Seizure and delivery of infringing copies.
  • Copyright Tribunal: The Copyright Act establishes a Copyright Tribunal in Fiji (consisting of a chairman and two other members). This tribunal handles disputes related to copyright, particularly concerning licensing schemes and the determination of equitable remuneration for certain uses of copyrighted works.
  • Border Protection Measures: The Customs Act, in conjunction with the Copyright Act, includes provisions to help prevent the importation of pirated copies of copyrighted works.

5. Challenges and Current Developments:

  • Digital Piracy: Like many countries, Fiji faces challenges with digital piracy due to the ease of online sharing. Enforcement efforts are ongoing.
  • Resource Allocation: Effective enforcement relies on adequate resources for law enforcement and the judiciary.
  • Awareness: Continued public awareness and education are crucial for promoting respect for copyright and deterring infringement.

In summary, copyright in Fiji provides robust automatic protection for original creative works under the Copyright Act 1999, aligning with international standards. It grants creators exclusive rights for a significant period and offers legal recourse for infringement, aiming to foster creativity and innovation while balancing public access to information.