Traditional Knowledge Laws: Vanuatu

Subject Matter of Protection

Article 1 - Interpretation

"expression of indigenous culture" means any way in which indigenous knowledge may appear or be manifested, and includes:
(a) all material objects; and
(b) names, stories, histories and songs in oral narratives; and
(c) dances, ceremonies and ritual performances or practices; and
(d) the delineated forms, parts and details of designs and visual compositions; and
(e) specialised and technical knowledge and the skills required to implement that knowledge, including knowledge and skills about biological resources, biological resource use and systems of classification;

"indigenous knowledge" means any knowledge:
(a) that is created, acquired or inspired for traditional economic, spiritual, ritual, narrative, decorative or recreational purposes; and
(b) whose nature or use of which has been transmitted from generation to generation; and
(c) that is regarded as pertaining to a particular indigenous person or people in Vanuatu;

Scope of Protection

Part 7 Expressions of Indigenous Culture

Section 41(1)

If a person does an act of a kind mentioned in subsection 8(1) or 23(1) in relation to an expression of indigenous culture (for example, reproduces an indigenous carving) and the person:
(a) is not one of the custom owners of the expression; or
(b) has not been sanctioned or authorised by the custom owners to do the act in relation to the expression; or
(c) has not done the act in accordance with the rules of custom;
the person is guilty of an offence punishable on conviction by a fine not exceeding 1,000,000 Vatu or a term of imprisonment not exceeding one year, or both.

Section 8(1)

The owner of the copyright in a work has the exclusive right to carry out or to authorize the following acts in relation to the work:
(a) to reproduce the work in any manner or form;
(b) to publish the work;
(c) to perform or display the work in public;
(d) to broadcast the work;
(e) to make an adaptation, arrangement or other transformation of the work;
(f) to translate the work;
(g) to cause the work to be transmitted to subscribers to a communications service;
(h) to distribute the work to the public by sale, rental, public lending or otherwise;
(i) to enter into a commercial rental arrangement in respect of an audiovisual work, a work reproduced in a sound recording or a musical work in the form of a notation.
(l) to communicate the work in any other way to the public;
(m) to import copies of the work.

Section 23(1)

A performer has the exclusive right to carry out or to authorize any of the following acts:
(a) to broadcast or communicate in any way to the public:
(i) his or her live performance; or
(ii) a fixation of his or her performance if the fixation has been made under section 32 or has been made without the authorisation of the performer;
(b) to fixate his or her unfixed performance;
(c) to reproduce directly or indirectly a fixation of his or her performance in any manner or form;
(d) to make available to the public for the first time a fixation of his or her performance, or copies of it, through sale or other transfer of ownership;
(e) to rent to the public a fixation of his or her performance, or copies of it, irrespective of the ownership of the copy rented;
(f) to make available to the public his or her fixed performance, by wire or wireless means, in such a way that members of the public may access it from a place and at a time individually chosen by them.

and is the owner of the rights protected under this section.

Exceptions and Limitations

Section 41

(2) It is a defence to a prosecution of an offence against subsection (1) if the act concerned:
      (a) related to the use exclusively for personal matters; or
      (b) related to using short excerpts for reporting current events to the extent justified by the purpose of providing current information; or
      (c) related to use solely for the purpose of face to face teaching; or
      (d) is an act that is not an infringement of copyright under Part 3 or of a right protected under Part 5; or
      (e) is an act that has been authorised by the National Cultural Council or the National Council of Chiefs.

(3) To avoid doubt, this section applies:
      (a) in relation to an act whether or not the person did the act for profit making purposes; and
      (b) in relation to an expression of indigenous culture regardless of when that expression first came into existence.

Part 3 Acts not constituting infringement of copyright in works

Private reproduction for personal purposes

Section 10(1)

Subject to subsection (2), an individual may reproduce a published work in a single copy exclusively for his or her own personal purposes and the reproduction is not an infringement of the copyright in the work.

Temporary reproduction

Section 11

A temporary reproduction of a work is not an infringement of the copyright in the work if:
(a) the reproduction is made in the process of a digital transmission of the work or is an act of making a digitally stored work perceptible; and
(b) the person is lawfullly entitled to make the transmission or the making perceptible of the work.

Quotation

Section 12

(1) The reproduction of a short part of a published work in the form of a quotation is not an infringement of the copyright in the work if the reproduction:
      (a) is compatible with fair practice; and
      (b) does not exceed the extent justified by the purpose.
(2) The quotation must be accompanied by:
      (a) an indication of its source; and
      (b) the name of the author of his or her name appears in the work from which the quotation is taken.

Reproduction for Education or Legal Purposes

Section 13

(1) The reproduction of a short part of a published work for teaching purposes by way of illustration, in writing or sound or visual recordings, is not an infringement of the copyright in the work if:
      (a) the reproduction is compatible with fair practice; and
      (b) the reproduction does not exceed the extent justified by the purpose; and
      (c) a collective licence to reproduce the work is not available to the educational institution concerned.
(2) The source of the work reproduced and the name of the author must be indicated as far as practicable on all copies made under subsection (1).
(3) A fair dealing with a work for the purpose of research or study does not constitute an infringement of the copyright in the work.
(4) The copyright in a work is not infringed by anything done for the purposes of a judicial proceeding or of a report of a judicial proceeding.
(5) A fair dealing with a work does not constitute an infringement of the copyright in the work if it is for the purpose of the giving of professional advice by a legal practitioner or patent attorney.

Reproduction by libraries and archives

Section14

(1) This section applies to a library or archive that does not operate for commercial gain. (2) The reproduction of a work in a single copy by the library or archive is not an infringement of the copyright in the work if:
      (a) the work reproduced is a published article or a short extract of a work; and
      (b) the purpose of the reproduction is to satisfy the request of an individual; and
      (c) the library or archive is satisfied that the copy will be used solely for the purposes of study, scholarship or private research; and
      (d) a collective licence to reproduce the work is not available to the library or archive.
(3) The reproduction of a work in a single copy by a library or archive is not an infringement of the copyright in the work if:
      (a) the copy is made in order:
            (i) to preserve a copy of the work; or
            (ii) to replace a copy of the work which has been lost, destroyed or rendered unusable in the permanent collection of another similar library or archive; and
      (b) it is impossible to obtain such a copy under reasonable conditions.

Reproduction, Broadcasting and other Communication to the public for information purposes

Section 15

(1) If:
      (a) a person:
            (i) reproduces a work or broadcast referred to in subsection (3), (4) or (5) in a newspaper or periodical publication; or
            (ii) broadcasts or communicates in any other way to the public such a work or broadcast; and
      (b) the person indicates the source of the subject matter and the name of the author as far as practicable;
the reproduction, broadcast or other communication of the work or broadcast is not an infringement of copyright.
(2) Subsection (1) does not apply if the right to authorise the reproduction, broadcasting or other communication to the pubic of the work is expressly reserved by the owner of the copyright in the work:
      (a) on the copies of the work; or
      (b) in connection with broadcasting or other communication to the public of the work.
(3) A person may reproduce:
      (a) an article published in a newspaper or periodical publication on a topic of current interest; or
      (b) a broadcast on a topic of current interest.
(4) A person may reproduce:
      (a) a political speech, a lecture, address, sermon or a work of a similar nature delivered in public; or
      (b) a speech delivered during legal proceedings;
      (c) to the extent justified by the purpose of providing current information.
(5) A person may reproduce for the purpose of reporting current events short excerpts of a work seen or heard in the course of such events to the extent justified by the purpose.
(6) A fair dealing with a work does not constitute an infringement of the copyright in the work if:
      (a) it is for the purpose of criticism or review, whether of that work or of another work; and
      (b) an acknowledgment of the work and the author as far as practicable is made.

Reproduction and Adaptation of Computer programs

Section 16

(1) The lawful owner of a copy of a computer program may reproduce a single copy of the computer program, or make an adaptation of the computer program, if the copy or adaptation is necessary for:
      (a) the use of the computer program with a computer for the purpose and extent for which the computer program has been obtained; or
      (b) archival purposes; or
      (c) replacement of the lawfully owned copy of the computer program if that copy is lost, destroyed or rendered unusable.
(2) The reproduction or adaptation of a computer program in accordance with subsection (1) is not an infringement of the copyright in the computer program.
(3) A copy or adaptation of a computer program must not be used for any purpose other than a purpose mentioned in subsection (1).
(4) A copy or adaptation of a computer program must be destroyed in the event that continued possession of the copy of the computer program ceases to be lawful.

Importation for Personal Purposes

Section 17

An individual may import a copy of a work for his or her own personal purposes and the importation is not an infringement of the copyright in the work.

Display of Works

Section 18

(1) A person may display in public the original or copies of a work if:
      (a) the display is made other than by means of an audiovisual work, slide, television image or otherwise on screen; and
      (b) either:
            (i) the work has been published; or
            (ii) the original or the copy of the work displayed has been sold, given away or otherwise transferred to another person by the author or his or her successor in title.
(2) The display of the work in accordance with subsection (1) is not an infringement of the copyright in the work. (3) The display in public of the original or copies of a work by means of an audiovisual work, slide, television image or otherwise on screen is not an infringement of copyright in the work if its inclusion in such is only incidental to the principal matters being represented.
      (a) the display is made other than by means of an audiovisual work, slide, television image or otherwise on screen; and
      (b) either:
            (i) the work has been published; or
            (ii) the original or the copy of the work displayed has been sold, given away or otherwise transferred to another person by the author or his or her successor in title.
(2) The display of the work in accordance with subsection (1) is not an infringement of the copyright in the work. (3) The display in public of the original or copies of a work by means of an audiovisual work, slide, television image or otherwise on screen is not an infringement of copyright in the work if its inclusion in such is only incidental to the principal matters being represented.