—

• (a)in relation to a literary or dramatic work, includes—
  • (i)a translation of the work from one language to another;
  • (ii)a version of a dramatic work in which it is converted into a literary work or, as the case may be, of a literary work in which it is converted into a dramatic work;
  • (iii)wholly or mainly by means of pictures in a form suitable for reproduction in a book, or in a newspaper, magazine or similar periodical;
• (b)in relation to a musical work, means an arrangement or transcription of the work;
• (c)in relation to a literary work that is a computer program, includes a version of the program in which it is converted into or out of a computer language or code or into a different computer language or code, otherwise than incidentally in the course of running a program;

, in relation to an article in a periodical, includes an item of any description;

means—

• (a)a graphic work, photograph, sculpture, collage or model, irrespective of artistic quality;
• (b)a work of architecture, being a building or a model for a building;
• (c)a work of artistic craftsmanship, not falling within paragraph (a) or paragraph (b) of this definition;

is a work that consists of a series of related images which impart the impression of motion, with or without accompanying sounds, susceptible of being made visible, and where accompanied by sounds, susceptible of being made audible;

has the meaning given to it by section 5;

, with respect to anything done in relation to a work, means done—

• (a)by or with the licence of the copyright owner; or
• (b)pursuant to section 57 or 58;

means a transmission of a programme, whether or not encrypted, by wireless communication, where the transmission is—

• (a)capable of being lawfully received, in Fiji or elsewhere, by members of the public; or
• (b)for presentation to members of the public in Fiji or elsewhere;

and broadcasting has a corresponding meaning;

includes—

• (a)any fixed structure; and
• (b)a part of a building or fixed structure;

includes a trade or profession;

and associated terms have the meaning given to them by section 4;

, in relation to a copy, means a copyright licence offered by a collective body, under which the copy can be made;

means—

• (a)a work of joint authorship; or
• (b)a work in which there are distinct contributions by different authors or in which works, or parts of works, of different authors are incorporated;

has the meaning given to it by section 11;

means the transmission by wire or without wire of the images or sounds, or both, of a work, a performance or a sound recording in such a way that the images or sounds can be perceived by persons outside the normal circle of a family and its closest social acquaintances at a place or places so distant from the place where the transmission originates that, without the transmission, the images or sounds would not be perceivable, irrespective of whether the persons can receive the images or sounds at the same place and time;

and communicated to the public has a corresponding meaning;

includes—

• (a)a compilation consisting wholly of works or parts of works;
• (b)a compilation consisting partly of works or parts of works;
• (c)multi-media productions; and
• (d)a compilation of data other than works or parts of works;

, in relation to a work, means that the work is generated by computer in circumstances such that there is no human author of the work;

means a country that is party to a Convention or other international agreement relating to performers’ rights to which the State is also a party;

has the meaning given to it by section 30(2);

and copy and copies have corresponding meanings;

means a licence to do, or authorise the doing of, any restricted act;

has the meaning given to it by section 8;

means a work of any of the descriptions in section 14(1) in which copyright exists;

includes every territory for whose international relations the government of that country is responsible;

, in relation to a copyright work that is an audio visual work, includes any person nominated by the director of the audio visual work to exercise the director’s rights under Part 4 if—

• (a)the nomination is in writing and signed by the director;
• (b)the nomination is made before the completion of the making of the audio visual work; and
• (c)the person nominated makes a creative contribution to the making of the audio visual work;

includes—

• (a)a work of dance or mime; and
• (b)a scenario or script for an audio visual work;

means—

• (a)a tertiary institution;
• (b)a private training institution; or
• (c)a government training institute;

means actuated by electric, magnetic, electro-magnetic, electro-chemical or electro-mechanical energy; and in electronic form means in a form usable only by electronic means;

means employed under a contract of service or a contract of apprenticeship; and employee, employer and employment have corresponding meanings;

means a licence in writing, signed by or on behalf of a copyright owner, authorising the licensee, to the exclusion of all other persons (including the copyright owner) to exercise a right that would otherwise be exercisable exclusively by the copyright owner;

includes a copy that is reduced or enlarged in scale;

means copyright that will or may come into existence in respect of a future work or a class of future work or on the occurrence of a future event;

includes—

• (a)any painting, drawing, diagram, map, chart or plan; and
• (b)any engraving, etching, lithograph, woodcut, print, or similar work;

has the meaning given to it by section 12;

means giving or receiving a lesson, either in person or by correspondence, to a student or a group of students at an educational establishment or elsewhere;

means a school in which full time instruction is given to the pupils in the sixth, seventh or eighth years of formal education;

means an organisation the members of which include one or more states;

has the meaning given to it by section 9;

includes proceedings before any court, tribunal or person having authority to decide any matter affecting a person’s legal rights or liabilities;

means a school in which instruction is given to children between the ages of 3 and 6 in games, stories, simple handwork and other activities aimed at inculcating good physical and social habits;

in relation to a computer program, means a person who has a right to use the program, whether under a licence to do any restricted act or otherwise;

means a person admitted as a legal practitioner under the Legal Practitioners Act 2009;

means a body of persons (whether corporate or unincorporate) that, as copyright owner or prospective copyright owner or as agent for a copyright owner, negotiates and grants copyright licences including licences that cover the works of more than one author;

means a scheme setting out—

• (a)the classes of cases in which the operator of the scheme, or the person on whose behalf the operator acts, is willing to grant a copyright licence; and
• (b)the terms on which a copyright licence would be granted in those classes of cases;

and for the purpose of this definition scheme includes anything in the nature of a scheme whether described as a scheme or as a tariff or by any other name;

means any work, other than a dramatic or musical work, that is written, spoken, or sung, and includes—

• (a)a table or compilation; and
• (b)a computer program;

means the Minister responsible for the administration of this Act and includes the Attorney-General if he or she is so responsible;

includes the proceedings of a committee set up by the Government or a Minister to inquire into or advise on any matter;

means a work consisting of music, exclusive of any words intended to be sung or spoken with the music or any actions intended to be performed with the music;

has the same meaning as it has in the Public Records Act 1968;

means a recording of light or other radiation on any medium on which an image is produced or from which an image may by any means be produced, but does not include an audio visual work or part of an audio visual work;

includes any stereotype, stone, block, mould, matrix, transfer, negative, or other similar appliance;

means prescribed by regulations made under this Act;

includes land, buildings, moveable structures, vehicles, vessels, aircraft and hovercraft;

means a school in which full time instruction is given from first year to the eighth year of formal education or for any shorter period;

includes a counterclaim; and references to the plaintiff and to the defendant in proceedings are to be construed accordingly;

means—

• (a)in the case of a work other than an audiovisual work, reciting, playing, dancing, acting or otherwise performing the work (which term includes an expression of folklore) either directly or by means of any device or process;
• (b)in the case of an audiovisual work, showing of images in sequence and making of an accompanying audible sound; and
• (c)in the case of a sound recording, making the recorded sounds audible,

in each case, at a place or at places where persons outside the normal circle of the family and its closest acquaintances are or can be present, irrespective of whether they are or can be present at the same place and time, or at different places and/or times, and where the performance can be perceived without the need for communication to the public as defined in this Act;

has the meaning given to it by section 10;

means a published edition of the whole or any part of one or more literary, dramatic or musical works;

means the embodiment of sounds or images or of sounds and images or of the representations thereof, from which they can be perceived, reproduced or communicated through a device;

and recorded has a corresponding meaning;

means the transfer of the possession of the original or a copy of a work for a limited period of time for profit making purposes;

means a copy made by a reprographic process;

and reprographic copying has a corresponding meaning;

means a process—

• (a)for making facsimile copies; or
• (b)involving the use of an appliance for making multiple copies;

and includes, in relation to a work held in electronic form, any copying by electronic means; but does not include the making of an audio visual work or sound recording;

means an act described in section 16;

means a school as defined in section 2 of the Education Act 1966;

includes a cast or model made for purposes of sculpture;

means a school in which full time instruction is given in general, technical, commercial and/or agricultural subjects, extending over a period of 2 to 6 years, to pupils who have completed the full primary school course; and includes a school in which instruction may be given to part-time pupils;

means—

• (a)a recording of sounds, from which the sounds may be reproduced; or
• (b)a recording of the whole or any part of a literary, dramatic or musical work, from which sounds reproducing the work or part may be produced, regardless of the medium on which the recording is made or the method by which the sounds are reproduced or produced;

means a school for persons mentally or physically impaired;

means the Republic of Fiji and includes every Ministry and department of the Government, but does not include—

• (a)a statutory authority;
• (b)a company that is a public enterprise as defined in section 2 of the Public Enterprises Act 2019;

means an inquiry held or investigation conducted in pursuance of a duty imposed or power conferred by or under an enactment;

, in relation to a work, means an acknowledgement identifying—

• (a)the work by its title or other description; and
• (b)the author of the work, unless—
  • (i)in the case of a published work, it is published anonymously;
  • (ii)in the case of any unpublished work, it is not possible by reasonable inquiry to ascertain the identity of the author;

means a system for conveying visual images, sounds, or other information by electronic means;

means a written record of words spoken on a recording;

means the Copyright Tribunal established by section 202;

, with respect to anything done in relation to a work, means done otherwise than—

• (a)by or with the licence of the copyright owner; or
• (b)pursuant to section 57 or section 58;

has the meaning given to it by section 7;

means the sending of electro-magnetic energy over paths not provided by a material substance constructed or arranged for that purpose;

has the meaning given to it by section 6;

includes any form of notation or code; whether by hand or otherwise and regardless of the method by which, or medium in or on which, it is recorded;

and written has a corresponding meaning.