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[LE(;AL NOTICE No. 27] COPYRIGHT ACT (ACT No II OF 1999)
COPYRIGHT (PRESCRIBED COUNTRIES) REGULATIONS 20()3
IN exerci,e of the powers conferred uron me by ,ection 229 of the Copyright Act 1999, I make the,e Regulations-
Cuarwn
I. These Regulations may be cited a, the Copyright (Prescribed Countries) Regulations 20()3.
QU{I/I[i( (If/1I11 hJ l(/croICt.' In author
2.-( I) A country which is a rarty to the Conventions listed in Schedule I is prescribed for the purpose of section 18(2) of the Act and article 4 of the Berne Convention in respect of the following
| (a) | the author is, at the rnakrial time, a citizen or subject of that country; |
| (h) | the author is, at the rnatcri<J1 time, an individual domiciled or re,ident in that |
| country; | |
| (c) | the author is a body incorporated under the law of that country; |
| (a) | the author is, at the material time, in respect of an audio·vi,ual work -a body |
| which has its headquarters in that country; | |
| Ie) | the author of a cinematographic work the maker of which has his or her |
| headquarters or habitual re,idence in that country; | |
| (j) | the author of a work of arch itecture erected in that country or of other artistic |
| works incorporated in a building or other structure located in that country. | |
| Qualification h.." n/L'It'llu' tu place offirst pubilcatlOlI |
3.-( I) A country which is a party to the Conventions listed in Schedule 1 is prescribed for the purpose of section 19(1)(h) of the Act, in respect of a work (being a literary, dramatic, musical, artistic, sound recording, an audio visual or a typographical arrangement of a published edition) which qualifies for copyright if it is first published in a place outside the Fij i "lands.
(2) Pur'>uant to article 5(3) of the Rome Convention, the criterion of fixation in respect of a phonogram under paragraph I (h) of artiek 5 of the Convention does not apply.
Qualific(J{((J1I h.. n,/crnl( t' to place of tran\mi.n/On
4.-( 1) A country which i, a partv to the Conventions listed in Schedule 2 is prescribed for the purpmes of a broadcast which qualifies for copyright under section 20( l)(h) of the Act if it is transmitted from a transmitter situated in any of the countric, which arc parties to the Conventions listed in Schedule 2.
(2) Pursuant to article 6(2) of the Rome Convention, a broadca,t qualifies for copyright if the headquarters of the broadcasting organisation is situated in a country which is a party to the Conventions listed in Schedule::' and the broadcast was transmitted from a transmitter ,itllated in 'lJch country.
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Qualificatwn in rc'peC( of{Jf!IJ()nWIIICe
5. Pursuant to article 4 of the Rome Convention, a performance qualifies for copyright if the performance takes place in a country which is a party to the Rome Convention.
SCHEDULE 1
(Regulation 2)
PRESCRIBED COUNTRIES Berne Convention for the Protection of Literary and Artistic Works, 1886 Marrakech Agreement Phonograms Convention, Convention for the Protection of Producers of Phonograms
Against Unauthorised Duplication of their Phonograms, 1971
Rome Convention, International Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organisations, 1961 Universal Copyright Convention
SCHEDULE 2
(Regulatiotl -I)
PRESCRIBED COUNTRIES Berne Convention for the Protection of Literary and Artistic Works, 1886 Phonograms Convention, Convention for the Protection of Producers of Phonograms
Against Unauthorised Duplication of their Phonograms, 1971
Rome Convention, International Convention on the Protection of Performers, Producers of Phonograms and Broadcasting Organisations, Il)tl 1 Trade -Related Aspects of Intellectual Property Rights (TRIPS) Agreement, 1994 Made at Suva this 13th day of June 20(U.
Q. BALE
Attorney General and Minister for Justice