Chapter 17.05  
2020 Revised Edition  
  
  
  
  C 
T 
COPYRIGHT ACT  Copyright Act    CAP. 17.05 Arrangement of Sections  
 
 
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 C 
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COPYRIGHT ACT  
Arrangement of Sections  
Section  
1 Short title ................................ ................................ ................................ ..........  5 
2 Interpretation  ................................ ................................ ................................ .... 5 
PART I —COPYRIGHT  8 
3 Works protected  ................................ ................................ ...............................  8 
4 Derivative works  ................................ ................................ ..............................  9 
5 Subject matter  not protected  ................................ ................................ ............  9 
6 Economic rights  ................................ ................................ ...............................  9 
7 Moral rights ................................ ................................ ................................ .... 10 
8 Private reproduction for personal purposes  ................................ ...................  11 
9 Temporary reproduction  ................................ ................................ ................  11 
10 Quotation  ................................ ................................ ................................ ....... 11 
11 Reproduction for teaching ................................ ................................ ..............  12 
12 Reprographic reproduction by libraries and archives  ................................ .... 12 
13 Reproduction, broadcasting and other communication to the public for 
information purposes  ................................ ................................ .....................  13 
14 Reproductio n and adaptation of computer programs  ................................ ..... 13 
15 Importation for personal purposes  ................................ ................................ . 14 
16 Display of works  ................................ ................................ ............................  14 
17 Ephemeral r ecording  ................................ ................................ ......................  14 
18 Duration of Copyright  ................................ ................................ ....................  14 
19 Original ownership of economic rights  ................................ ..........................  15 
20 Presumption of authorship and of representation of th e author  .....................  15 
21 Assignment and licence of authors’ rights  ................................ .....................  16 Arrangement of Sections   CAP. 17.05  Copyright Act  
 
 
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 PART II — PROTECTION OF PERFOR MERS, PRODUCERS OF 
PHONOGRAMS AND BROAD CASTING ORGANISATION S 16 
22 Acts requiring authorisation of performers  ................................ ....................  16 
23 Acts requiring authorisation of producers of phonograms  .............................  17 
24 Equitable remuneration for use of phonograms  ................................ .............  17 
25 Acts requiring authorisation of broadcasting organisations  ...........................  18 
26 Limitations on protection  ................................ ................................ ...............  18 
PART  III — ENFORCEMENT OF RIGHT S 19 
27 Conservatory and provisional measures  ................................ .........................  19 
28 Civil remedies  ................................ ................................ ................................  19 
29 Criminal sanc tion ................................ ................................ ...........................  20 
30 Measures, remedies and sanctions against abuses in respect of technical 
means of protection and rights management informa tion ..............................  20 
PART IV — MISCELLANEOUS  21 
31 Scope of application of protection of literary and artistic works  ...................  21 
32 Scope of application of protection of performers, phonogram producers 
and broadcasting organisations  ................................ ................................ ...... 21 
33 Application of international treaties  ................................ ...............................  22 
34 Regulations  ................................ ................................ ................................ ..... 22 
35 Repeal and saving ................................ ................................ ...........................  22 Copyright Act    CAP. 17.05 Section  1 
 
 
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 C 
T 
COPYRIGHT ACT  
AN ACT TO PROVIDE CO MPREHENSIVE PROVISIO NS WITH 
RESPECT TO COPYRIGHT1 
Commencement [1 September 2008 ]2 
1 Short title  
This Act may be cited as the Copyright Ac t. 
2 Interpretation  
In this Act unless the contrary  intention appears  — 
“audiovisual work ” means 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;  
“author ” means a natural person who has created the work;  
“broadcasting ” means the communication of a work, a performance or a 
phonogram to the public by wireless transmission, including transmission by 
satellite;  
“collective work ” mean s a work created by two or more natural persons at the 
initiative and under the direction of a natural person or legal entity, with the 
understanding that it will be disclosed by the latter person or entity under his 
or its own name and that the identity o f the contributing natural persons will 
not be indicated;  Section  2  CAP. 17.05  Copyright Act  
 
 
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 “communication to the public ” means the transmission by wire or without 
wire of the images or sounds, or both, of a work, a performance, a phonogram 
or a broadcast in such a way that the images or s ounds 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 and, further irrespective of whether the persons can 
receive the images or sounds at the same place and time, or at different places 
and times individually chosen by them;  
“computer ” means an electronic or similar device having information 
processing capabilities;  
“computer program ” means a set of instructions expressed in words, codes, 
schemes or in any other form, which is capable, when incorporated in a 
medium that the computer can read, of causing a computer to perform or 
achieve a particula r task or result;  
“Court ” means the Supreme Court of Tonga;  
“economic rights ” means the rights mentioned in section 6;  
“expression of folklore ” means a group -oriented and tradition -based creation 
of groups or individuals reflecting the expectation of the c ommunity as an 
adequate expression of its cultural and social identity, its standards and values 
as transmitted orally, by imitation or by other means, including  — 
(a) folktales, folk poetry and folk riddles;  
(b) folk songs and instrumental folk music;  
(c) folk dances and folk plays;  
(d) productions of folk arts in particular, drawings, paintings, carvings, 
sculptures, pottery, terra -cotta, mosaic, woodwork, metal  ware, 
jewellery, handicrafts, costumes, and indigenous textiles;  
“fixation ” means the embodime nt of sounds, images or both or of the 
representations thereof, from which they can be perceived, reproduced or 
communicated through a device;  
“moral rights ” means the rights mentioned in section 7;  
“owner of copyright ” means  — 
(a) where the economic right s are vested in the author, the author;  
(b) where the economic rights are originally vested in a natural person 
other than the author or in a legal entity, that person or entity;  
(c) where the ownership of the economic rights has been transferred to a 
natural person or legal entity, that person or entity;  
“performers ” means any person who performs literary and artistic works or 
expressions of folklore;  Copyright Act    CAP. 17.05 Section  2 
 
 
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 “phonogram ” means the fixation of the sounds of a performance or of other 
sounds, or of a representati on of sounds, other than in the form of a fixation 
incorporated in a cinematographic or other audiovisual work;  
“photographic work ” means a recording of light or other radiation on any 
medium on which an image is produced or from which an image may be 
produced, irrespective of the technique (chemical, electronic or other) by 
which such recording is made but does not include a still picture extracted 
from an audiovisual work;  
“producer ” of an audiovisual work or a phonogram means the natural person 
or legal entity that undertakes the initiative and responsibility for the making 
of the audiovisual work or phonogram;  
“public display ” means showing of the original or a copy of the work  — 
(a) directly;  
(b) by means of a film, slide, television image or otherwise on screen;  
(c) by means of any other device or process; or  
(d) in the case of an audiovisual work, the showing of individual images 
non-sequentially at a place or places where persons outside the normal 
circle of a family and its closest social acquaintanc es 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 times, and where the work can 
be displayed without communication to the public;  
“public lending ” means the transfer of the po ssession of the original or a 
copy of a work or a phonogram for a limited period of time for non -profit -
making purposes, by an institution, the services of which are available to the 
public, such as a public library or archive;  
“public performance ” means  — 
(a) in the case of a work other than an audiovisual work, performing of the 
work, either directly or by means of any device or process;  
(b) in the case of an audiovisual work, the showing of images in sequence 
and the making of accompanying sounds audible ; and  
(c) in the case of a phonogram, making the recording 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 c an be present at the same place and time, or at different 
places and times, and where the performance can be perceived without the 
need for communication to the public;  
“published ” refers to a work or a phonogram, tangible copies of which have 
been made av ailable to the public in a reasonable quantity for sale, rental, 
public lending or for other transfer of the ownership or the possession of the 
copies, provided that, in the case of a work, the making available to the public 
took place with the consent of the author or other owner of copyright and, in Section  3  CAP. 17.05  Copyright Act  
 
 
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 the case of a phonogram, with the consent of the producer of the phonogram 
or his successor in title;  
“rental ” means the transfer of the possession of the original or a copy of a 
work or phonogram for a limite d period of time for profit -making purposes;  
“reproduction ” means the making of one or more copies of a work or 
phonogram in any manner or form, including any permanent or temporary 
storage of the work or phonogram in electronic form;  
“reprography ” means t he making of a facsimile copy of the original or a 
copy of the work, including photocopying;  
“rights management information ” means any information which identifies 
the author, the work, the performer, the performance of the performer, the 
producer of the p honogram, the phonogram, the broadcaster, the broadcast, 
the owner of any right under this Act, or information about the terms and 
conditions of use of the work, the performance, the phonogram or the 
broadcast, and any numbers or codes that represent such information, when 
any of these items of information is attached to a copy of a work, a fixed 
performance, a phonogram or fixed broadcast, or appears in connection with 
the broadcasting, communication to the public or making available to the 
public of a wor k, a fixed performance, a phonogram or a broadcast;  
“work ” means any literary or artistic work under sections 3(1) and 4(1);  
“work of applied art ” means artistic creation with utilitarian functions or 
incorporated in a useful article, whether made by hand or produced on an 
industrial scale;  
“work of joint authorship ” means a work to the creation of which two or 
more authors have contributed, provided the work does not qualify as a 
“collective work ”. 
PART I —COPYRIGHT  
3 Works protected  
(1) Literary and artistic works are original intellectual creations including  — 
(a) books, pamphlets, articles, computer programs and other writings;  
(b) speeches, lectures, addresses, sermons and other oral works;  
(c) dramatic, dramatico -musical works, pantomimes, choregr aphic works 
and other works created for stage productions;  
(d) musical works, with or without accompanying words;  
(e) audiovisual works;  
(f) works of architecture;  Copyright Act    CAP. 17.05 Section  4 
 
 
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 (g) works of drawing, painting, sculpture, engraving, lithography, tapestry 
and other works of fine art;  
(h) photographic works;  
(i) works of applied art;  
(j) illustrations, maps, plans, sketches and three -dimensional works 
relative to geography, topography, architecture or science.  
(2) Works shall be protected by the sole fact of their creation and irrespective of 
their mode or form of expression, o r of their content, quality and  purpose.  
4 Derivative works  
(1) The following shall also be protected as works  — 
(a) translations, adaptations, arrangements, and other transformations or 
modifications of works; and  
(b) collections of works, collections of mere data (databases), whether in 
machine readable or other form, and collections of expressions of 
folklore, provided that such collections are original by reason of the 
selection or arrangement of th eir contents.  
(2) The protection of any work referred to in subsection (1) shall be  without 
prejudice to any protection of a pre -existing work or  expression of folklore 
incorporated in or utilised for the making of  such a work . 
5 Subject matter not protect ed 
Notwithstanding the provisions of section 3 and 4, no protection under this Act shall 
extend to  — 
(a) any idea, procedure, system, method of operation, concept, principle, 
discovery or mere data, even if expressed, described, explained, 
illustrated or e mbodied in a work;  
(b) any official text of a legislative, administrative or legal nature, or any 
official translation thereof.  
6 Economic rights  
(1) Subject to the provisions of sections 9 to 17, the author or other owner of 
copyright shall have the exclu sive right to carry out or to authorise the 
following acts in relation to the work  — 
(a) reproduction of the work;  
(b) translation of the work;  
(c) adaptation, arrangement or other transformation of the work;  Section  7  CAP. 17.05  Copyright Act  
 
 
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 (d) the distribution to the public by sale, rental, public lending or otherwise 
of the original or a copy of the work that has not already been subject to 
a sale or other transfer of ownership authorised by the owner of 
copyright;  
(e) rental or public lending of the original or a copy of an audiovis ual 
work, a work embodied in a phonogram, a computer program, a 
database or a musical work in the form of notation, irrespective of the 
ownership of the original or copy concerned;  
(f) importation of copies of the work;  
(g) public display of the original o r a copy of the work;  
(h) public performance of the work;  
(i) broadcasting of the work;  
(j) other communication to the public of the work.  
(2) The rights of rental and lending under subsection (1)(e) do not apply to rental 
or lending of computer programs w here the program itself is not the essential 
object of the rental or lending.  
7 Moral rights  
(1) Independently of his economic rights, and even where he is no longer the 
owner of the said rights, the author of a work shall have the right  — 
(a) to have his name indicated prominently on the copies and in connection 
with any public use of his work, as far as practicable;  
(b) not to have his name indicated on the copies and in connection with any 
public use of his work, and the right to use a pseudonym;  
(c) to object to any distortion, mutilation or other modification of, or other 
derogatory action in relation to, his work which would be prejudicial to 
his honour or reputation.  
(2) None of the rights mentioned in subsection (1) shall be transmissible during 
the life of the author, but the right to exercise any of those rights shall be 
transmissible by testamentary disposition or by operation of law following the 
death of the author.  
(3) The author may waive any of the moral rights mentioned in subsection (1), 
provided that such a waiver is in writing and clearly specifies the right or 
rights waived and the circumstances in which the waiver applies and provided 
further, that any waiver of the right under subsection (1)(c) specifies the 
nature and extent of the modi fication or other action in respect of which the 
right is waived. Following the death of the author, the natural person or legal 
entity upon whom or which the moral rights have devolved shall have the 
right to waive the said rights.  Copyright Act    CAP. 17.05 Section  8 
 
 
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 8 Private reproduction for personal purposes  
(1) Notwithstanding the provisions of section 6(1)(a), and subject to the 
provisions of subsection (2), the private reproduction of a published work in a 
single copy shall be permitted without the authorisation of the author or 
owner of copyright, where the reproduction is made by a person exclusively 
for his own personal purposes.  
(2) The permission under subsection (1) shall not extend to reproduction  — 
(a) of a work of architecture in the form of building or other construction;  
(b) in the form of reprography of the whole or a substantial part of a book 
or of a musical work in the form of notation;  
(c) of the whole or a substantial part of a database in digital form;  
(d) of a computer program, except as provided in section 14; or  
(e) of any work in cases where reproduction would conflict with a normal 
exploitation of the work or would otherwise unreasonably prejudice the 
legitimate interests of the author or other owner of the  copyright.  
9 Temporary reproduction  
Notwithstanding the pro visions of section 6(1)(a), the temporary reproduction of a 
work shall be permitted if all the following conditions are met  — 
(a) the reproduction is made in the process of a digital transmission of the 
work or an act of making a digitally stored work perc eptible;  
(b) it is caused by a person or entity that, by way of authorisation by the 
owner of copyright or by operation of law, is entitled to make that 
digital transmission or making a digitally stored work perceptible; and  
(c) it is ancillary to that digital transmission or the making perceptible of 
digitally stored work, that occurs during the normal operation of the 
equipment used and entails the automatic deletion of the copy without 
enabling the retrieval of the work for any other purpose than thos e, 
referred to in paragraphs (a) and (b).  
10 Quotation  
Notwithstanding the provisions of section 6(1)(a), the reproduction, in the form of 
quotation, of a short part of a published work shall be permitted without 
authorisation of the author or other owner of copyright, provided that the 
reproduction is compatible with fair practice and does not exceed the extent justified 
by the purpose. The quotation shall be accompanied by an indication of source and 
the name of the author, if his name appears in the work  from which the quotation is 
taken.  Section  11  CAP. 17.05  Copyright Act  
 
 
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 11 Reproduction for teaching  
(1) Notwithstanding the provisions of section 6(1)(a), the following acts shall be 
permitted without authorisation of the author, or other owner of copyright  — 
(a) the reproduction of a short  part of a published work for teaching 
purposes by way of illustration, in writings or sound or visual 
recordings, provided that such reproduction is compatible with fair 
practice and does not exceed the extent justified by the purpose;  
(b) the reprographi c reproduction, for face -to-face teaching in educational 
institutions the activities of which do not serve direct or indirect 
commercial gain, of published articles, other short works or short 
extracts of works, to the extent justified by the purpose, prov ided that  
— 
(i) the act of reproduction is an isolated one occurring, if repeated, 
on separate and unrelated occasions; and  
(ii) there is no collective licence available (that is, offered by a 
collective administration organisation of which the educational  
institution is or should be aware) under which such reproduction 
can be made.  
(2) The source of the work reproduced and the name of the author shall be 
indicated as far as practicable on all copies made under paragraph (1).  
12 Reprographic reproduction by  libraries and archives  
Notwithstanding the provisions of section 6(1)(a), any library or archive whose 
activities do not serve direct or indirect commercial gain may, without the 
authorisation of the author or other owner of copyright, make a single copy of the 
work by reprographic reproduction  — 
(a) where the work reproduced is a published article, other short work or 
short extract of a work, and where the purpose of the reproduction is to 
satisfy the reques t of a natural person, provided  that — 
(i) the library or archive is satisfied that the copy will be used solely 
for the purposes of study, scholarship or private research;  
(ii) the act of reproduction is an isolated case occurring, if repeated, 
on separate and unrelated occasions; and  
(iii) there is no  collection licence available (that is, offered by a 
collective administration organisation of which the library or 
archive is or should be aware) under which such copies can be 
made; or  
(b) where the copy is made in order to preserve and, if necessary, re place a 
copy or to replace a copy which has been lost, destroyed or rendered 
unusable in the permanent collection of another similar library or 
archive provided that it is impossible to obtain such a copy under Copyright Act    CAP. 17.05 Section  13 
 
 
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 reasonable conditions and provided further th at the act or reprographic 
reproduction is an isolated case occurring, if repeated, on separate and 
unrelated occasions.  
13 Reproduction, broadcasting and other communication to the public for 
information purposes  
Notwithstanding the provisions of section 6(1)(a), (i) and (j), the following acts shall 
be permitted in respect of a work without the authorisation of the author or other 
owner of copyright, subject to the obligation to indicate the source and the name of 
the author as far as practicable  — 
(a) the reproduction in a newspaper or periodical or the broadcasting or 
other communication to the public, of an article published in a 
newspaper or periodical on current economic, political or religious 
topics or a broadcast work of the same character, provide d that this 
permission shall not apply where the right to authorise reproduction, 
broadcasting or other communication to the public is expressly reserved 
on the copies by the author or other owner of copyright, or is 
acknowledged in connection with broadca sting or other communication 
to the public of the work;  
(b) for the purpose of reporting current events, the reproduction and the 
broadcasting or other communication to the public of short excerpts of 
a work seen or heard in the course of such events, to t he extent justified 
by the purpose;  
(c) the reproduction in a newspaper or periodical, the broadcasting or other 
communication to the public of a political speech, a lecture, address, 
sermon or other work of a similar nature delivered in public, or a 
speec h delivered during legal proceedings, to the extent justified by the 
purpose of providing current information.  
14 Reproduction and adaptation of computer programs  
(1) Notwithstanding section 6(1)(a) and (c), the reproduction, in a single copy, or 
the adapt ation of a computer program by the lawful owner of a copy of that 
computer program shall be permitted without the authorisation of the author 
or other owner of copyright, provided that the copy or adaptation is necessary  
— 
(a) for use of the computer program for the purpose and extent for which 
the computer program has been obtained;  
(b) for archival purposes and for the replacement of the lawfully owned 
copy of the computer program where the said copy is lost, destroyed or 
rendered unusable.  
(2) No copy or adaptation of a computer program shall be used for any purpose 
other than those specified in subsection (1) and any such copy or adaptation Section  15  CAP. 17.05  Copyright Act  
 
 
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 shall be destroyed when continued possession of the copy of the computer 
program ceases to be lawful.  
15 Importation for personal purposes  
Notwithstanding the provisions of section 6(1)(f), the importation of a copy of a 
work by a person for his own purposes shall be permitted without the authorisation 
of the author or other owner of copyright.  
16 Display of works  
Notwithstanding the provisions of section 6(1)(g), the public display of originals or 
copies o f works shall be permitted without the authorisation of the author, provided 
that the display is made other than by means of a film, slide, television image  or 
otherwise on screen or by means of any other electronic device or process, and 
provided further that the work has been published or the original or the copy 
displayed has been sold, given away or otherwise transferred to another person by 
the author or  his successor in title.  
17 Ephemeral recording  
Notwithstanding the provisions of section (6)(1)(a), any broadcasting organisation 
may make, for the purpose of its own broadcasts and by means of its own facilities, 
an ephemeral recording of any work which it is authorised to broadcast. All copies 
of it shall be destroyed within 6 months of the making or within any longer term 
agreed to by the author; however, where such recording has an exceptional 
documentary character, one copy of it may be preserved in o fficial archives.  
18 Duration of Copyright  
(1) Subject to the provisions of subsections (2) to (5), the economic and moral 
rights shall be protected during the life of the author and for 50 years after his 
death.  
(2) In the case of a work of joint authorsh ip, the economic and moral rights shall 
be protected during the life of the last surviving author and for 50 years after 
his death.  
(3) In the case of a collective work, other than a work of applied art, and in the 
case of an audiovisual work, the economic  and moral rights shall be protected 
for 50 years from the date on which the work was either made, first made 
available to the public, or first published, whichever date is the latest.  
(4) In the case of a work published anonymously or under a pseudonym, t he 
economic and moral rights shall be protected for 50 years from the date on 
which the work was either made, first made available to the public or first 
published, whichever date is the latest, provided that where the author’s Copyright Act    CAP. 17.05 Section  19 
 
 
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 identity is revealed or is n o longer in doubt before the expiration of the said 
period, the provisions of subsection (1) or subsection (2) shall apply, as the 
case may be.  
(5) In the case of a work of applied art, the economic and moral rights shall be 
protected for 25 years the maki ng of the work.  
(6) Every period provided for under the preceding subsections shall run to the end 
of the calendar year in which it would otherwise expire.  
19 Original ownership of economic rights  
(1) Subject to the provisions of subsections (2) to (5), th e original owner of 
economic rights is the author who has created the work.  
(2) In respect of a work of joint authorship, the co -authors shall be the original 
owners of the economic rights. If, however, a work of joint authorship 
consists of parts that can  be used separately and the author of each part can be 
identified, the author of each part shall be the original owner of the economic 
rights in the part that he has created.  
(3) In respect of a collective work, the natural person or legal entity at the 
initiative and under the direction of whom or which the work has been created 
shall be the original owner of the economic rights.  
(4) In respect of a work created by an author, employed by a natural person or 
legal entity, in the course of his employment, th e original owner of the 
economic rights shall be the employer unless provided otherwise in a contract.  
(5) In respect of an audiovisual work, the original owner of the economic rights 
shall be the producer, unless provided otherwise in a contract. The co -authors 
of the audiovisual work and the author of the pre -existing works included in 
or adapted for the making of the audiovisual work shall maintain their 
economic rights in their contributions or pre -existing works can be subject to 
acts covered by their economic rights separately from the audiovisual work.  
20 Presumption of authorship and of representation of the author  
(1) The person whose name is indicated as the author on a work in the usual 
manner shall, in the absence of proof to the contrary, be pre sumed to be the 
author of the work. This provision shall be applicable even if the name is a 
pseudonym, where the pseudonym leaves no doubt as to the identity of the 
author.  
(2) In the case of an anonymous or pseudonymous work, subject to the provision 
of subsection (1), the publisher whose name appears on the work shall, in the 
absence of proof to the contrary, be presumed to represent the author and, in 
this capacity, shall be entitled to exercise and enforce the moral and economic 
rights of the author. T his presumption shall cease to apply when the author 
reveals his identity.  Section  21  CAP. 17.05  Copyright Act  
 
 
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 21 Assignment and licence of authors’ rights  
(1) Economic rights shall be assignable in whole or in part.  
(2) Any assignment of an economic right, and any licence to do an act subje ct to 
authorisation by the author or other owner of copyright, shall be in writing 
signed by the assignor and the assignee, or by the licensor and the licensee.  
(3) An assignment in whole or in part of any economic right, or a licence to do an 
act subject to authorisation by the author or other owner of copyright, shall 
not include or be deemed to include the assignment or licence of any other 
rights not explicitly referred to therein.  
PART II  — PROTECTION OF PERFOR MERS, PRODUCERS 
OF PHONOGRAMS AND BROADCASTING ORGANIS ATIONS  
22 Acts requiring authorisation of performers  
(1) Subject to the provisions of section 26 a performer shall have the exclusive 
right to carry out or to authorise any of the following acts  — 
(a) the broadcasting or other communica tion to the public of his 
performance, except where the broadcasting or the other 
communication  — 
(i) is made from a fixation of the performance, other than a fixation 
made under the terms of section 26 or otherwise made without 
the authorisation of the pe rformer; or  
(ii) is a re -broadcasting made or authorised by the organisation 
initially broadcasting the performance;  
(b) the fixation of his unfixed performance;  
(c) the direct or indirect reproduction of a fixation of his performance in 
any manner or form ; 
(d) the distribution to the public by sale or other transfer of ownership of a 
fixation of his performance, or copies thereof, that has not already been 
subject to a distribution authorised by the performer;  
(e) rental to the public or public lending of a fixation of his performance, 
or copies thereof, irrespective of the ownership of the copy rented or 
lent; 
(f) the making available to the public of his fixed performance, by wire or 
wireless, in such a way that members of the public may access them 
from a place or at a time individually chosen by them.  
(2) Once the performer has authorised the incorporation of his performance in an 
audiovisual fixation, the provisions of subsection (1) shall have no further 
application.  Copyright Act    CAP. 17.05 Section  23 
 
 
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 (3) Independently of the performer’ s economic rights, also after the transfer of 
those rights, the performer shall, as regards his live aural performances and 
performances fixed in phonograms, have the right to claim to be identified as 
the performer of his performances, except where omissi on is dictated by the 
manner of the use of the performance, and to object to any distortion, 
mutilation or other modification of his performances that he considers 
prejudicial to his reputation. The provisions of subsections (2) and (3) of 
section 7 apply mutatis mutandis t o the rights granted under this  subsection.  
(4) Nothing in this section shall be construed to deprive performers of the right to 
agree by contracts on terms and conditions more favourable for them in 
respect of their performances.  
(5) The right under this section shall be protected until the end of the 50th 
calendar year following the year in which the performance was fixed in a 
phonogram, or in the absence of such a fixation, from the end of the year in 
which the performance took place.  
23 Acts requiring authorisation of producers of phonograms  
(1) Subject to the provisions of section 26 a producer of a phonogram shall have 
the exclusive right to carry out or to  authorise any of the following  acts — 
(a) direct or indirect reproduction of t he phonogram, in any manner or 
form;  
(b) importation of copies of the phonogram;  
(c) the distribution to the public by sale or other transfer of ownership, of 
the original or copies of the phonogram that have not already been 
subject to a distribution auth orised by the producer;  
(d) rental to the public or public lending of the original or copies of the 
phonogram, irrespective of the ownership of the copy rented or lent;  
(e) the making available to the public of the phonogram, by wire or 
wireless, in such a  way that members of the public may access it from a 
place or at a time individually chosen by them.  
(2) The rights under subsection (1) shall be protected from the publication of the 
phonogram until the end of the 50th calendar year following the year of 
publication or, if the phonogram has not been published from the fixation of 
the phonogram until the end of the 50th calendar year, following the year of 
fixation.  
24 Equitable remuneration for use of phonograms  
(1) If a phonogram published for commercial purposes, or a reproduction of such 
phonogram, is used directly for broadcasting or other communication to the 
public, or is publicly performed, a single equitable remuneration for the Section  25  CAP. 17.05  Copyright Act  
 
 
Page  18 2020 Revised Edition  to    
 performer or performers and the producer of the phonogram shall be paid  by 
the user to the producer.  
(2) Unless otherwise agreed between the performers and the producer, half of the 
amount received by the producer under subsection (1) shall be paid by the 
producer to the performer or performers.  
(3) The right to an equitable remuneration under this section shall subsist from 
the date of publication of the phonogram until the end of the 50th calendar 
year following the year of publication or, if the phonogram has not been 
published, from the date of fi xation of the phonogram until the end of the 50th 
calendar year following the year of fixation.  
(4) For the purposes of this section, phonograms that have been made available to 
the public by wire or wireless, in such a way that members of the public may 
access them from a place and at a time individually chosen by then shall be 
deemed to have been published for commercial purposes.  
25 Acts requiring authorisation of broadcasting organisations  
(1) Subject to the provisions of section 26 a broadcasting organ isation shall have 
the exclusive right to carry out or to  authorise any of the following  acts — 
(a) the re -broadcasting of its broadcast;  
(b) the communication to the public of its broadcast;  
(c) the fixation of its broadcast;  
(d) the reproduction of a fix ation of its broadcast.  
(2) The rights under this section shall be protected from the moment when the 
broadcasting takes place until the end of the 50th calendar year following the 
year in which the broadcast takes place.  
26 Limitations on protection  
Sections 22, 23, 24 and 25 shall not apply where the acts referred to in those sections 
are related to  — 
(a) using short excerpts for reporting current events to the extent justified 
by the purpose of providing current information;  
(b) reproduction solely for scientific research;  
(c) reproduction solely for the purpose of face -to-face teaching activities, 
except for performances and phonograms which have been published as 
teaching or instructional materials;  
(d) cases where, under Part I, a work can be used  without the authorisation 
of the author or other owner of copyright.  Copyright Act    CAP. 17.05 Section  27 
 
 
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 PART III  — ENFORCEMENT OF RIGHT S 
27 Conservatory and provisional measures  
(1) The Court having jurisdiction of a civil action arising under this Act, shall 
have the authority  — 
(a) to gr ant injunctions to prohibit the committing, or continuation of 
committing, of infringement of any right protected under this Act;  
(b) to order the impounding of copies of works or phonograms suspected of 
being made or imported without the authorisation of the owner of any 
right protected under this Act where the making or importation of 
copies is subject to such authorisation, as well as the impounding of the 
packaging of, the implements that could be used for the making of, and 
the documents, accounts or b usiness papers referring to, such copies.  
(2) The provisions of the Police Act and the Magistrate ’s Court Act relating to 
search and seize shall apply as if all references to an offence in those 
provisions include infringements of rights under this Act.  
(3) The provisions of the Customs and Excise Act dealing with suspension of the 
release of suspected illegal goods shall apply to articles and implements 
protected under this Act.  
28 Civil remedies  
(1) The owner of any right protected under this Act whose ri ght has been 
infringed shall be entitled to payment, by the infringer, of damages for the 
prejudice suffered as a consequence of the act of infringement and the 
payment of expenses caused by the infringement, including legal costs. In 
fixing the amount of damages the Court shall take into account the importance 
of the material and moral prejudice suffered by the owner of the right and the 
infringer’s profits attributable to the infringement. Where the infringer did not 
know or had no reasonable cause to kno w that he was engaged in infringing 
activity, the Court may limit damages to the profits of the infringer 
attributable to the infringement.  
(2) Where infringing copies exist, the Court shall have the authority to order the 
destruction or other reasonable d isposition of those copies and their packaging 
in such a manner as to avoid harm to the owner of the right unless he requests 
otherwise. This provision shall not be applicable to copies and their packaging 
which were ac quired by a third party in good  faith. 
(3) Where there is a danger that implements may be used to commit or continue 
to commit acts of infringement, the Court shall order their destruction or other 
reasonable disposition in such a manner as to minimise the risks of further 
infringemen ts or su rrender to the owner of  the right.  Section  29  CAP. 17.05  Copyright Act  
 
 
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 (4) Where there is a danger that acts of infringement may continue, the Court 
shall order that no such further acts be committed and fix a fine not exceeding 
$20,000 which shall be due if the order is not respected.  
29 Criminal sanction  
(1) Any person who wilfully infringes any right protected under this Act commits 
an offence and is liable on conviction to a fine not exceeding $20,000 or 
imprisonment for a period not exceeding 3 years or both.  
(2) Where the defendant ha s been convicted of a new act of infringement within 5 
years of a previous conviction for an infringement the penalty in subsection 
(1) shall be double.  
(3) In any criminal proceedings the Court may apply the measures and remedies 
referred to in sections 2 7 and 28, provided that no decision has yet been taken 
on such remedies in a civil proceeding.  
30 Measures, remedies and sanctions against abuses in respect of 
technical means of protection and rights management information  
(1) The following acts shall be considered unlawful and, in the  application of 
sections 27 to 29, shall be deemed to be an infringement of the rights 
protected under this Act  — 
(a) the manufacture or importation for sale or rental of any device or means 
specifically designed or adapted t o circumvent any device or means 
intended to prevent or restrict reproduction of a work, a phonogram or a 
broadcast, or to impair the quality of copies made;  
(b) the manufacture or importation for sale or rental of any device or means 
that is designed to a dopt, enable or assist the reception of an encrypted 
program, which is broadcast or otherwise communicated to the public, 
including by satellite, by those who are not entitled to receive the 
program;  
(c) the removal or alteration of any electronic rights m anagement 
information without authority;  
(d) the distributing, importing for distribution, broadcasting, 
communicating to the public or making available to the public, without 
authority, of works, performances, phonograms or broadcasts, knowing 
or having r eason to know that rights management information has been 
removed or altered without authority.  
(2) In the application of sections 27 to 29, any illicit device and means mentioned 
in subsection (1) and any copy from which rights management information 
has been removed, or in which such information has been altered, shall be 
deemed to be infringing copies of works, and any illicit act referred to in 
subsection (1) shall be treated as an infringement of copyright or related rights Copyright Act    CAP. 17.05 Section  31 
 
 
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 to which the civil remedies and criminal sanctions provided in sections 27 to 
29 are applicable.  
PART IV  — MISCELLANEOUS  
31 Scope of application of protection of literary and artistic works  
(1) The provisions of this Act concerning the protection of literary and artistic 
works shall apply to  — 
(a) works of authors who are nationals of, or have their habitual residence 
in, Tonga;  
(b) works first published in Tonga and works first published in another 
country and also published in Tonga within 30 days, irrespective of the 
nationality of  residence of their authors;  
(c) audiovisual works, the producer of which has his headquarters or 
habitual residence, in Tonga; and  
(d) works of architecture erected in Tonga and other artistic works 
incorporated in a building or other structure located in  Tonga.  
(2) The provisions of this Act shall also apply to works that are eligible for 
protection in Tonga by virtue of and in accordance with any international 
convention or other international agreement to which Tonga is a party.  
32 Scope of application of protection of performers, phonogram 
producers and broadcasting organisations  
(1) The provisions of this Act on the prote ction of performers shall apply  to — 
(a) performers who are nationals of Tonga;  
(b) performers who are not nationals of Tonga but who se performances  — 
(i) take place in Tonga;  
(ii) are incorporated in phonograms that are protected under this Act; 
or 
(iii) have not been fixed in a phonogram but are included in 
broadcasts qualifying for protection under this Act.  
(2) The provisions of this Act on the protection of phonograms shall apply to  — 
(a) phonograms the producers of which are nationals of Tonga;  
(b) phonograms first fixed in Tonga; or  
(c) phonograms first published in Tonga.  
(3) The provisions of this Act on the protection of bro adcasts shall apply to  — Section  33  CAP. 17.05  Copyright Act  
 
 
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 (a) broadcasts of broadcasting organisations the headquarters of which are 
situated in Tonga; and  
(b) broadcasts transmitted from transmitters situated in Tonga.  
(4) The provisions in this Act shall also apply to performers, produc ers of 
phonograms and broadcasting organisations that are eligible for protection by 
virtue of and in accordance with any international convention or other 
international agreement to which Tonga is a party.  
33 Application of international treaties  
The prov isions of any international treaty in respect of copyright and related rights 
to which Tonga is a party shall apply subject to this Act.  
34 Regulations  
The Minister responsible for commerce may, with the consent of Cabinet, make 
Regulations for the implementation of the purposes and provisions of this Act.3 
35 Repeal and saving  
(1) The Copyright Act (Cap. 121) is repealed.  
(2) The provisions of this Act shall apply also to works, performances, 
phonograms and broadcasts dating back to before the comin g into force of 
this Act, provided that the term of protection has not expired under the former 
legislation or under the legislation of the country of origin of such works, 
performances, phonograms or broadcast that are to be protected under an 
internation al convention or other international agreement to which Tonga is a 
party.  
(3) Contracts on works, performances, phonograms and broadcasts concluded 
before the coming into force of this Act shall not be affected by this Act.  
 Copyright Act    CAP. 17.05   
 
 
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ENDNOTES  
1 Act 12 of 2002   
 Amended by Act 5 of 2012, commencement 30 July 2012  
2 By GS 32/2008  
3 Amended by Act 5 of 2012