[LE(;AL NOTICE No. 27] 151 
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 of first 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. 152 
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