E sccr/30/2 original: english date: april 30, 2015 Standing Committee on Copyright and Related Rights Thirtieth Session Geneva, June 29 to July 3, 2015

A copy of work shall be made:

a) to preserve and, if necessary to replace a copy or a copy which has been lost, destroyed or rendered unusable in the permanent collection of another similar library or

archive, .

b) where it is impossible to obtain a copy under reasonable conditions, and

c) the act or reproduction is an isolated one occurring and if repeated on separate and unrelated occasions.

The owner of copyright cannot forbid private reproduction of a published work in a single copy by a physical person exclusively for his own personal purposes.

Excluded:

a) a work of architecture in the form of a building or other construction;

b) musical work in the form of notation; or of the original or a copy made and signed by the author of a work of fine art.

c) the whole or a substantial part of a database in digital form;

d) a computer program except as provided in; or

e) copy which would conflict with or unreasonable harm the normal exploitation of the work or the legitimate interest of the author.

1) the owner of copyright cannot forbid, without exceeding fair practice and the extent justified by the purpose, a reproduction of a published work or sound recording for the purpose of teaching.

2) A copy made in accordance with the preceding Sub-Article shall indicate, as far as practicable, the sources of the work or sound recording reproduced and the name of the autheor

Meaning of the term "archive" includes:

(i) the National Archives of the Fiji Islands;

(ii) any library, museum or other body approved by the Minister of Information to be a repository of archival material under section 3 of the Libraries (Deposit of Books) Act (Cap 109);

(iii) any collection of documents (within the meaning of section 7 of the Public Records Act (Cap 108)) of historical significance or public interest that is in the custody of and maintained by a person or body, whether incorporated or unincorporated, that does not keep and maintain the collection for the purpose of deriving a profit;

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Literary, dramatic, or musical works, including any artistic work contained within the work and the typographical arrangement.

The work may be copied only where it is not reasonably practicable to purchase a copy of the work to fulfill the allowed purpose.

To preserve or replace an item by placing the copy in the permanent collection of archive in addition to or in place of the item.

To replace in the permanent collection of another archive an item that has been lost, destroyed, or damaged.

(1) A sound recording of a performance of a song may be made for the purpose of including the song in an archive maintained by a body prescribed by regulations under section 229 without infringing copyright in the words as a literary work or in the accompanying musical work, if the

conditions in subsection (2) are complied with.

(2) The conditions referred to in subsection (1) are that-

(a) the words are unpublished and of unknown authorship at the time the recording is made;

(b) the making of the recording does not infringe any other copyright; and

(c) the making of the recording is not prohibited by any performer.

(3) Copies of a sound recording made in reliance on subsection (1) and included in an archive maintained by a body prescribed by regulations made under this Act may, if the condition contained in subsection (4) is complied with, be made and supplied by the archivist without infringing copyright in the recording or the works included in it.

(4) The condition referred to in subsection (3) is that no person is furnished with more than one copy of the same recording.

(1) The archivist of an archive may, if the conditions contained in subsection (3) are complied with, copy for supply to any person a copy of an unpublished work in the archive, without infringing copyright in that work.

(2) This section does not apply if the copyright owner has prohibited copying of the work and at the time the copy is made the archivist making it is, or ought to be aware of that fact.

(3) The conditions referred to in subsection (1) are-

(a) that no person is supplied on the same occasion with more than one copy of the same work;

(b) that if a person to whom a copy is supplied is required to pay for the copy, the payment required is no higher than the cost of production of the copy together with a reasonable contribution to the general expenses of the library or archive; and

(c) that there is no collective licence available of which the archive is or should be aware under which the copying can be done.

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§ 154 devoted to Licences for reprographic copying.