WORLD TRADE ORGANIZATION  
ORGANISATION MONDIALE DU COMMERCE  
ORGANIZACIÓN MUNDIAL DEL COMERCIO  IP/N/1/PNG/C/1 
17 November 2005 
 (05-5412) 
Council for Trade-Related Aspects 
of Intellectual Property Rights Original:   English/ 
  anglais/   inglés 
 
  
MAIN DEDICATED INTELLECTUAL PROPERTY LAWS AND 
REGULATIONS NOTIFIED UNDER ARTICLE 63.2 
OF THE AGREEMENT 
 
PAPUA NEW GUINEA 
  
 The present document reproduces the text
1 of the Copyright and Neighbouring Rights Act 
2000, as notified by Papua New Guinea under Article 63.2 of the Agreement (see document IP/N/1/PNG/2). 
 
 Conseil des aspects des droits de propriété 
intellectuelle qui touchent au commerce  
 
PRINCIPALES LOIS ET RÉGLEMENTATIONS CONSACRÉES À LA 
PROPRIÉTÉ INTELLECTUELLE NOTIFIÉES AU TITRE 
DE L'ARTICLE 63:2 DE L'ACCORD 
 
PAPOUASIE-NOUVELLE-GUINÉE 
   Le présent document contient le texte
1 de la Loi sur le droit d'auteur et les droits voisins 
de 2000, notifiée par la Papouasie- Nouvelle-Guinée au titre de l'arti cle 63:2 de l'Accord (voir le 
document IP/N/1/PNG/2). 
 
 Consejo de los Aspectos de los Derechos de Propiedad 
Intelectual relacionados con el Comercio  
 
PRINCIPALES LEYES Y REGLAMENTOS DEDICADOS A LA PROPIEDAD 
INTELECTUAL NOTIFICADOS EN VIRTUD DEL PÁRRAFO 2 
DEL ARTÍCULO 63 DEL ACUERDO 
 
PAPUA NUEVA GUINEA 
 
  En el presente documento se reproduce el texto
1 de la Ley de Derecho de Autor y Derechos 
Conexos de 2000, que Papua Nueva Guinea ha notifi cado en virtud del párrafo 2 del artículo 63 del 
Acuerdo (véase el documento IP/N/1/PNG/2). 
                                                      
1 In English only./En anglais seulement./En inglés solamente. IP/N/1/PNG/C/1 
Page 2  
 
 
     
 
    
 
   
No. 21 of 2000 
 
Copyright and Neighbouring Rights Act 2000. 
 
Certified on: 08.11.00  
     
 
                  IP/N/1/PNG/C/1 
Page 3 
 
 
INDEPENDENT STATE OF PAPUA NEW GUINEA. 
 
No. 21 of 2000. 
 
Copyright and Neighbouring Rights Act 2000 . 
 
ARRANGEMENT OF SECTIONS. 
PART I. - PRELIMINARY. 
 
1. Compliance with Constitutional requirements. 2. Interpretation – 
 “audiovisual work”  “author”  “broadcast”  “collective work” 
 “communication to the public” “computer” “computer program” “copyright” “Court” “derivative work” “economic rights” “expression of folklore” “fixation” “infringement” “literacy and artistic work” “moral rights” “neighbouring rights” “owner of copyright” “performers” “person” “photographic work” “producer” “public display” “public institution” “public lending” “public performance” “published” “rental” “reproduction” “rights” “rights management information” “sound recording” “work” “work of applied art” “work of joint authorship” 
 3.  Application IP/N/1/PNG/C/1 
Page 4  
 
 
PART II. - COPYRIGHT.  
 
4. Works protected. 5. Subject matter not protected. 6. Economic rights. 7. Moral rights. 8. Private reproduction for personal purposes. 9. Temporary reproduction. 10. Quotation. 11. Reproduction for teaching. 12. Reprographic reproduction by public institutions. 13. Reproduction, broadcasting and other comm unication to the public for informatory 
purposes. 
14. Reproduction and adaptation of computer programs. 
15. Importation of works for personal purposes. 16. Display of works. 17. Duration of Copyright. 18. Original ownership of economic rights. 19. Presumption of authorship and representation of the author. 20. Assignment and licensing  of author’s rights. 
PART III. - NEIGHBOURING RIGHTS. 
 
21. Acts requiring authorisation of performers. 22. Acts requiring authorisation of producers of sound recordings. 
23. Equitable remuneration fo r use of sound recordings. 
24. Acts requiring authorisation of broadcasting organisations. 
25. Limitations on protection. 
PART IV. - ENFORCEMENT OF RIGHTS. 
 26. Conservatory and provisional measures. 27. Civil remedies. 28. Criminal sanctions. 29. Measures, remedies and sanctions against abuses. 
PART V. - PROTECTION OF EXPRESSIONS OF FOLKLORE. 
 
30. Rights Protected. 31. Infringement of folklore. IP/N/1/PNG/C/1 
Page 5 
 
 
PART VI. - MISCELLANEOUS. 
 
32. Application of inte rnational treaties. 
33. Regulations. 34. Repeals. IP/N/1/PNG/C/1 
Page 6  
 
 THE INDEPENDENT STATE OF PAPUA NEW GUINEA. 
 
 
No. 21 of 2000 
  
AN ACT 
  
entitled 
  
Copyright and Neighbouring Rights Act 2000.  
 
Being an Act to make provision for the protection of copyright and neighbouring rights, and for 
     related purposes 
 
MADE by the National Parliament to come into  operation in accordance with a notice in the 
National Gazette by the Head of State, acting with, and in accordance with, the advice of 
the Minister. 
PART I. - PRELIMINARY. 
1. COMPLIANCE WITH CONSTITUTIONAL REQUIREMENTS . 
(1) For the purposes of - 
(a) Section 29 of the Organic Law on Provincial Government ; and 
(b) Section 41 of the Organic Law on Provincial Governments and Local-
level Governments , 
it is declared that this law relates to a matter of national interest. 
 
(2)  This Act, to the extent that it regulate s or restricts a right or freedom referred 
to in Subdivision III.3.C.  (qualified rights ) of the  Constitution , namely -  
(a) the right to freedom from arbitrary search and entry conferred by Section 
44 of the  Constitution ; and 
(b) the right to freedom of expression conferred by Section 46 of the  
Constitution   
(c) the right to freedom of employme nt conferred by Section 48 of the  
Constitution ; and 
(d) the right to privacy conf erred by Section 49 of the  Constitution , 
is a law that is made for the purpose of giving effect to the public interest in public welfare .  
 
2. INTERPRETATION. 
In this Act, unless the c ontrary intention appears - 
“audiovisual work” means a work that cons ists of a series of related images 
which impart the impression of mo tion, with or without accompanying 
sounds, susceptible of being made visible, and where accompanied by 
sounds, susceptible of being made audible; 
“author”, in relation to a work, mean s the person who has created the work;  IP/N/1/PNG/C/1 
 Page 7 
 
 
 “broadcast” means the communication of a work, performance or sound 
recording to the public by wireless  transmission, including transmission 
by satellite; 
“collective work” means a work created by the collective co ntribution of two 
or more persons at the initiative and under the direction of another 
person or legal entity, with the unders tanding that it shall be disclosed by 
that other person or entity under his or  its own name and that the identity 
of the contributing persons shall not be indicated; 
“communication to the public” means the transmission by wire or without wire 
of the images or sounds, or both, of a work, a performance, sound recording or a broadcast in such a wa y 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 pl aces distant from the place where the 
transmission originates that, wit hout the transmission, the images or 
sounds would not be perceivable and irrespective of whether the persons 
can receive the images or sounds at the same place and time, or at different places or times i ndividually chosen by them; 
“computer” means an electronic or similar device having information 
processing capabilities;  
“computer program” means a set of instru ctions 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 particular task or result; 
“copyright” means copyright under this Act; “Court” means the National Court; “derivative work” includes a work  described in Section 4(1)(b); 
“economic rights” are the rights  mentioned in Section 6; 
“expression of folklore” means a group-or iented and tradition-based creation 
of groups or individuals reflecting th e expectation of the community 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; and 
(b) folk songs and instrumental folk music; and 
(c) folk dances and folk plays; and  
(d) productions of folk arts in particular, drawings, paintings, 
carvings, sculptur es, pottery, terra cotta, mosaic, 
woodwork, metalware, jewelle ry, handicrafts, costumes, 
and indigenous textiles; 
“fixation” means the embodiment of sounds , or of the representations thereof 
from which they can be perceived, reproduced or communicated through 
a device; 
“infringement” means any act that viol ates a right protected under this Act; 
“literacy and artistic work” includes a work described in Section 4(1)(a); 
“moral rights” has the meaning given to it in Section 7; neighbouring rights” means the right s protected under Part III. IP/N/1/PNG/C/1 
Page 8  
 
 “owner of copyright” means - 
(a) where the economic rights ar e vested in the author, the 
author; or 
(b) where the economic rights are originally vested in a person 
other than the author or in a legal entity, that person or 
entity; or 
(c) where the ownership of th e economic rights has been 
transferred to a person or legal entity, that pers on or entity; 
“performers” includes singers, musician s, and other persons who sing, deliver, 
declaim, play in, or otherwise perform literary and artistic works or expressions of folklore; 
“person” includes a corporation; “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 techniqu e (chemical, electronic or other) by 
which such recording is made but does not include a still picture extracted from an audiovisual work; 
“producer”, in relation to an audiovisu al work or a sound recording means the 
person or legal entity that undertakes the initiative and responsibility for 
the making of the audiovisual work or sound recording; 
“public display” means the showing of the original or a copy of the work - 
(a) directly; or 
(b) by means of a film, slide, te levision image or otherwise on 
screen; or 
(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 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 or times, and where the work can be displayed without communication to the public; 
“public institution” includes a public library or an archive; 
“public lending” means the transfer of th e possession of the original or a copy 
of a work or a sound recording for a limited period of time for non-profit 
making purposes, by a public institu tion in the normal course of 
providing such services to the public; 
“public performance” means - 
(a) in the case of a work other than an audiovisual work, the 
recitation, playing, dancing, acti ng or otherwise performing 
the work, either directly or by means of any device or 
process; and 
(b) in the case of an audiovisua l work, the showing of images 
in sequence and the making of accompanying sounds audible; and 
(c) in the case of a sound recording, the making of the 
recording sounds audible,   IP/N/1/PNG/C/1 
 Page 9 
 
 
 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 or times, and wher e the performances can be perceived 
without the need for comm unication to the public;  
“published” means a work or sound reco rding, tangible copies of which have 
been made available to the public in a reasonable quantity for sale, 
rental, public lending or for other tr ansfer 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, or  in the case of a sound recording, with the consent 
of the producer of the sound reco rding or his su ccessor in title; 
“rental” means the transfer of the pos session of the original or a copy of a 
work or sound recording for a limited period of time for profit-making purposes; 
“reproduction” means the making of one or more copies of a work or sound 
recording for a limited period of time for profit making purposes; 
“rights” means the rights protected under this Act; “rights management information” means any information which identifies the 
author, the work, the performer, the performance of the performer, the 
producer of the sound recording, the broadcaster, the broadcast, the 
owner of any right under this Act, the information about the terms and 
conditions of use of the work, the performance, the sound recording or the broadcast, and any numbers or c odes that represent such information 
is attached to a copy of a work, a fixed performance, a sound recording 
or a fixed broadcast, or appears in connection with the broadcasting, 
communication to the public or making available to the public of a work, 
a fixed performance, a sound recording or a broadcast; 
“sound recording” means any exclusivel y aural fixation of the sounds of a 
performance or of other sounds, or  of a representation of sounds, 
regardless of the method by which the sounds are fixed or the medium in 
which the sounds are embodied but does not include a fixation of sounds and images, such as the sound track of an audiovisual work; 
“work” means any literary, artistic or derivative work eligible for copyright 
under Section 4; 
“work of applied art” means an artistic  creation with utilit arian functions or 
incorporated in a useful article wh ether made by hand or produced on an 
industrial scale; 
“work of joint authorship” means a work the creation of which two or more 
authors have contributed provided the work does not qualify as a 
collective work. 
 
3. APPLICATION. 
(1) This Act shall apply to works, perf ormances, sound recordings and broadcasts 
existing at the coming into operation of this Ac t provided that the terms of any protection of 
such works, performances, sound recordings or broadcasts have not expired under any Act or 
under a law of the country of or igin that requires protection under an international treaty to 
which Papua New Guinea is a party. IP/N/1/PNG/C/1 
Page 10  
 
  
(2) Nothing in this Act constitutes a breach  of, or default under, or terminates an 
agreement or obligation under a contract on works, performances, sound recordings or 
broadcasts concluded or existing at the coming into operation of this Act. 
 (3) The provisions of this Act concerning the protection of literacy and artistic 
works shall apply to -  
(a)     works of authors who are citizen s of, or have their habitual residence 
in,   Papua New Guinea; and 
(b) works first published in Papua new Guinea and works first published in 
another country and also published in  Papua New Guinea within thirty 
days, irrespective of the nationality or residence of their authors; and 
(c)  audiovisual works the producer of  which has his headquarters or 
habitual residence in Papua New Guinea; and  
(d) works or architecture erected in Pa pua New Guinea and other artistic 
works incorporated in a building or  other structure located in Papua 
New Guinea. 
  (4) The provisions of this Act shall apply to works that are eligible for protection 
in Papua New Guinea by virtue of, and in acco rdance with, any international convention or 
other international agreement to which Papua New Guinea is a party. 
 (5) The provisions of this Act on the prot ection of performers shall apply to – 
(a)  performers who are citi zens of Papua New Guinea; and 
  (b)   performers who are not ci tizens of Papua New Guinea but whose 
performances –  (i) take place within Papua New Guinea; or (ii) are incorporated in sound recordings that are protected under 
this Act; or 
(iii) have not been fixed in a sound recording but are included in 
broadcasts qualifying for pr otection under this act. 
 
(6) The provisions of this Act on the protection of sound recordings shall apply to-  
  (a) sound recordings the producers of which are citizens of Papua New 
  Guinea and 
(b)  sound recordings first fixed in Papua New Guinea; and 
  (c)  sound recordings first pub lished in Papua New Guinea. 
 (7) The provisions of this Act on the prot ection of broadcasts shall apply to- 
  (a) broadcast of broadcasting organisa tions the headquarters of which are 
situated in Papua New Guinea; and  
  (b)  broadcasts transmitted from the transmitters situated in Papua New 
Guinea. 
 (8) The provisions in this Act shall apply to performers, producers of sound 
recordings and broadcasting organi sations that are eligible for protection by virtue of, and in 
accordance with, any international convention or  other international agreement to which 
Papua New Guinea is party.   IP/N/1/PNG/C/1 
 Page 11 
 
 
 PART II. - COPYRIGHT. 
4. WORKS PROTECTED. 
 (1)  Subject to this Act, the following works are protected works and are eligible 
for copyright under this Act:- 
 (a) literary and artistic works of origin al intellectual creations in the literary 
and artistic domain, in cluding in particular - 
 (i) books, pamphlets, articles, computer programs and other 
writings;   and   
 (ii) speeches, lectures, addresses, sermons and other oral works; and 
 (iii) dramatic, dramatic-musical works, pantomimes, choreographic 
works and other works created for stage productions; and 
 (iv) musical works, with or without accompanying words; and 
 (v) audiovisual works; and  (vi) works of architecture; and  (vii) works of drawing, painting, sculpture, engraving, lithography, 
tapestry and other works of fine art; and 
 (viii) photographic works; and  (ix) works of applied art; and 
(x) illustrations, maps, plans, sketches and three-dimensional works 
relative to geography, topography, ar chitecture or science; and 
(b) derivative works including in particular – 
(i)  translations, adaptions, arra ngements and other transformations 
or modifications of works; and  
(ii)  collections of works and databa ses, whether in machine, readable 
or other forms; and  
(iii) collections of expressions of folklore provided that such 
collections are original by reason of the selection or arrangement 
of their contents  
 
(2) Works eligible for copyright under this section are protected by the sole fact of 
their creation and irrespective of  their mode or form of expression, content, quality or 
purpose. 
 (3) The protection of any work referred to in this secti on shall be without 
prejudice to any protection of a pr e-existing work or expression of folklore incorporated in or 
utilised for the making of such a work.   
 
5. SUBJECT MATTERS NOT PROTECTED.  
 Notwithstanding the provisions  of Section 4, protecti on under this Act shall not 
extend to – 
(a)  any idea, procedure, system, met hod of operation, concept, principle, 
discovery or mere date, whether expre ssed, described, explained, illustrated or 
embodied in a work; and  
(b) any official text of a legislative, admini strative or legal natu re or any official 
translation thereof. IP/N/1/PNG/C/1 
Page 12  
 
 6. ECONOMIC RIGHTS. 
(1) Subject to this Act, the author or other owner of copyright shall have the 
exclusive right to carry out or  to authorise the following acts  in relation to the work - 
(a) the reproduction of the work; and 
(b) the translation of the work; and 
(c) the adaptation, arrangement or othe r transformation of the work; and 
(d) the distribution to the public by sa le, rental, public le nding or otherwise 
of the original or a c opy of the work that has not already been subject 
to a distribution authorised by the owner of copyright; and 
(e) the rental or public lending of the or iginal or a copy of an audiovisual 
work, a work embodied in a sound recording, a computer program, a database or a musical work in the fo rm of notation, irrespective of the 
ownership of the original  or copy concerned; and 
(f) the importation of copies of the work; and 
(g) the public display of the origin al or a copy of the work; and 
(h) the public performance of the work; and  
(i) the broadcasting of the work; and 
(j) other communication to the public of the work. 
 (2) The rights of rental and lending unde r Subsection (1)(e) does not apply to 
rental or lending of a computing program wher e the program itself is not the essential object 
of the rental or lending. 
7. MORAL RIGHTS. 
(1) The author of a copyright work shall have the right - 
(a) to have his name indicated promin ently on the copies and in connection 
with any public use of his work; and  
(b) not to have his name indicated on the copies and in connection with 
any public use of his work; and 
(c) the right to use a pseudonym; and   
(d) to object to any distortion, mutilation  or other modification of, or other 
derogatory action in relation to, hi s work which would be prejudice to 
his honour or reputation. 
 (2) Subsection (1) shall apply whether or not  a person no longer owns the rights of 
a copyright work. 
 (3) The rights referred to in subsection (1 ) may be transmissible during the life of 
the author, but the right to exercise any of t hose rights may be transmissible by testamentary 
disposition or by operation of law following the death of the author. 
 
(4)  The author of a copyright work may wave any of the rights referred to in 
Subsection (1) provided such a waver is in writ ing and clearly specifies the right or rights 
waved and the circumstances in which the waver applies.  
(5) Any waver of the right under Subsection (1)(d) shall specify the nature and the 
extent of the modification or other action in respect of which the right is waived. 
  IP/N/1/PNG/C/1 
 Page 13 
 
 
 (6) Following the death of the author of  the copyright wor k, the person or the 
legal entity upon whom or which the moral rights  have devolved shall be  entitled to wave the 
rights under this section.  
8. PRIVATE REPRODUCTION FOR PERSONAL PURPOSES. 
(1) Notwithstanding the provisions of Section 6(1) (a), and subject to Subsection 
(2), the private reproduction of a published work  in a single copy may be made without the 
authorisation of the author or  owner of copyright, where the reproduction is made by a person 
exclusively for his ow n personal purposes. 
 (2) Subsection (1) does not apply to the reproduction - 
(a) of a work of architecture in the fo rm of building or other construction; 
or 
(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; or 
(c) of the whole or a substantial part of a database in digital form; or 
(d) of a computer program, except as provided in Section 13; or 
(e) of any work in cases where repr oduction 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 REPRODUCTIONS. 
Notwithstanding the provisions of Section 6 (1) (a), the temporary reproduction of a 
work shall be permitted where 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 st ored work perceptible; and 
(b) it is caused by a person or entity that, by way of aut horisation by the owner of 
copyright or by operation of law, is entitled to make that transmission or 
making perceptible of the work; and 
(c) it is an accessory to a transmission or making perceptible  during the normal 
operation of the equipment used and enta ils the automatic deletion of the copy 
without enabling the retrieva l of the work for any other purpose than referred 
to in Paragraphs (a) and (b). 
10. QUOTATIONS. 
(1) Notwithstanding the provisions of Section 6(1) (a), the reproduction, in the 
form of quotation, of a short part of a publishe d work may be made without authorisation of 
the author or other owner of the copyright prov ided that the reproduction is compatible with 
fair practice and does not exceed
 the extent justified by the purpose.  
 
(2) A quotation referred to in Subsection (1) shall be accompanied by an 
indication of source and the name of the author  where his name appears in the work from 
which the quotation is taken. IP/N/1/PNG/C/1 
Page 14  
 
 11. REPRODUCTIONS FOR TEACHING. 
(1) Notwithstanding the provisions of Section 6 (1) (a), the following acts may be 
taken without authorisation of the au thor or other owne r 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 repr oduction is compatible with fair 
practice and does not exceed the exte nt justified by the purpose; and 
(b) the reproduction of published articl es, other short works or short 
extracts of works for face-to-face te aching in educational institutions 
the activities of which do not serve di rect or indirect commercial gain, 
to which the extent justified by the purposes, provided that - (i) the act of reproduction is an isolated one occurring, where 
repeated, on separate and unrelated occasions; and  
(ii) there is no license or other copyright available under which 
approval for such reproduction can be made. 
 (2) The source of the work reproduced a nd the name of the author shall be 
indicated as far as practicable on a ll copies made under Subsection (1). 
12. REPROGRAPHIC REPRODUCTIONS BY PUBLIC INSTITUTIONS. 
Notwithstanding the provisions of Secti on 6 (1) (a), a public  institution whose 
activities does not serve direct or indirect comm ercial gain may, without the authorisation of 
the author or other owner of copyright, ma ke a single copy of the work by reprographic 
reproduction -  
(a) where the work reproduced is a published  article, other sh ort work or short 
extract of a work, and where the purpose of the reproduction is to satisfy the 
request of a person, provided that - (i) the public institution is satisfied that  the copy shall be used solely for 
the purposes of study, scholarship  or private research; and 
(ii) the act of reproduction is an isolat ed case occurring, where repeated, on 
separate and unrelated occasions; and 
(iii) there is no license or other author ity available under which approval for 
such copies can be made; or  
(b) where the copy is made in order to preserve and, where necessary, replace a 
copy or to replace a copy which has been  lost, destroyed or rendered unusable 
in the permanent collection of another public institution pr ovided that it is 
impossible to obtain such a copy under reasonable conditions and that the act of reprographic reproduction is an isol ated case occurring, where repeated, on 
separate and unrelated occasions. 
13. REPRODUCTIONS, BROADCASTS AND OTHER COMMUNICATION TO 
THE PUBLIC FOR INFORMATORY PURPOSES. 
Notwithstanding the provisions of Section 6 (1)  (a), (i) and (j), the following acts may 
be taken in respect of a work without the au thorisation of the author or other owner of 
copyright, subject to the obligation to indicate th e source and the name of the author as far as 
practicable -  IP/N/1/PNG/C/1 
 Page 15 
 
 
 (a) the reproduction in a newspaper or peri odical, or the broadcasting or other 
communication to the public of an article published in a newspaper or 
periodical on current economic, political  or religious topi cs or a broadcast 
work of the same character except wher e the right to aut horise reproduction, 
broadcasting or other comm unication to the public is expressly reserved on the 
copies by the author or other owner of copyright, or in connection with 
broadcasting or other communication to the pub lic of the work; and 
(b) for the purpose of reporting curr ent events, the reproduction and the 
broadcasting or other comm unication to the public of short excerpts of a work 
seen or heard in the course of such events, to the extent justified by the 
purpose; and 
(c) the reproduction in a newspaper or peri odical or 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 speech delivered during 
legal proceedings, to the extent justif ied by the purpose of providing current 
information. 
14. REPRODUCTIONS AND ADAPTION S OF COMPUTER PROGRAMS. 
(1) Notwithstanding Section 6 (1)  (a) and (c), the reproduction, in a single copy, 
or the adaptation of a computer  program by the lawful owner of a copy of that computer 
program may be made 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 with a computer for the purpose and 
extent for which the computer program has been obtained; or 
(b) for archival purposes and for the replacement of the lawfully owned 
copy of the computer program in the event that the said copy of the 
computer program is lost, de stroyed or rendered unusable. 
 (2) No copy or adaptation of a computer program shall be used for any purposes 
other than those specified in subsection (1), and any such copy or adaptation shall be 
destroyed in the event that continued possession of the copy of the computer program ceases 
to be lawful. 
15. IMPORTATIONS OF WORKS 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 personal purposes ma y be made without the authorisation of the 
author or other owner of copyright. 
16. DISPLAYS OF WORKS. 
Notwithstanding the provisions of Section 6 (1)  (g), the public display of originals or 
copies of works may be made without the authorisation of the author, provided -  
(a)  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 device or process; and 
(b)  that the work has been published or the original or the copy displayed has been 
sold, given away or otherwise transferre d to another person by the author or 
his successor in title. IP/N/1/PNG/C/1 
Page 16  
 
 17. DURATION OF COPYRIGHT. 
(1) Subject to this section, the economic and moral rights in respect of a copyright 
work shall be protected during the life of the aut hor and for a period of 50 years of the date of  
his death. 
 (2) In the case of a work of joint author ship, the economic and moral rights of the 
of the author shall be protected during the life of the author and for a period of 50 years of the 
date of 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 mo ral rights shall be protected for a period of 
50 years from the date on which the work was ma de, first made available to the public or first 
published, whichever occurs last. 
 (4) In the case of a work published anonymously or under a pseudonym, the 
economic and moral rights shall be protected fo r a period of 50 years from the date on which 
the work was made, first made available to th e public or first published, whichever occurs 
last, provided that where the auth or’s identity is revealed or is no longer in doubt before the 
expiration of the said period, the provisions of  Subsection (1) or Subs ection (2) as the case 
may be, shall apply. 
 (5) In the case of a work of applied ar t, the economic and mo ral rights shall be 
protected for a period of 25 years from the making of the work. 
18.   ORIGINAL OWNERSHIP OF ECONOMIC RIGHTS. 
(1) Subject to this section, the original owner of economi c rights in a work is the 
author who has created the work. 
 (2) In respect of a work of joint author ship, the co-authors sh all be the original 
owners of the economic rights unless a work of jo int authorship consists of parts that can be 
used separately and the author of each part ca n be identified, in which case, 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 pers on 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 person or legal entity 
in the course of his employment, the origin al owner of the economic rights shall be the 
employer unless otherwise provide d under a written agreement. 
 
(5)  In respect of an audiovisual work -  
(a)  the original owner of the economic rights shall be the producer unless 
otherwise provided under a written agreement; and  IP/N/1/PNG/C/1 
 Page 17 
 
 
 (b)  the co-authors of the audiovisual work  and the authors of the pre-existing 
works included in or adapted for the making of the audiovisual work shall 
maintain their economic rights in thei r contributions or pre-existing work 
respectively to the extent that those c ontributions or pre-ex isting works can be 
subject of acts covered by their economic rights separately from the 
audiovisual work. 
19. PRESUMPTION OF AUTHORSHIP AND OF REPRESENTATION OF THE 
AUTHOR. 
(1) A person whose name is indicated as the author on a work shall, in the absence 
of proof to the contrary, be presum ed to be the author of the work. 
 (2)     Subsection (1) applies where the name  is a pseudonym and there is no doubt as 
to the identity of the author.  
(3)    Subject to Subsection (2), in th e case of an anonymous or pseudonymous 
work, the publisher whose name appears on the wo rk shall, in the abse nce of proof to the 
contrary, be presumed to repr esent the author and, in that  capacity, shall be entitled to 
exercise and enforce the moral and economic rights of the author except that when the author 
reveals hid identity, this pr esumption shall cease to apply. 
20. ASSIGNMENT AND LICENSIN G OF AUTHOR’S RIGHTS. 
(1) Economic rights in respect of a copyright  work may be assignable in whole or 
in part. 
 (2) An assignment of an economic right under this section, and any license to do 
an act subject to authorisation by the author or  other owner of copyright shall be in writing 
signed by the assignor and the assignee or by th e licensor and the licensee, as the case may 
be. 
 (3) An assignment in whole or in part of any economic right in respect of a 
copyright work, or a license 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 license of any 
other right not explicitly referred to therein. 
PART III. - NEIGHBOURING RIGHTS. 
21. ACTS REQUIRING AUTHORIZ ATION OF PERFORMERS. 
(1) Subject to Section 25, a performer shall have the exclusive right to carry out or 
to authorise any of the following acts - 
(a) the broadcasting or other comm unication 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 25 or otherwise made without 
the authorisation of the performer; or IP/N/1/PNG/C/1 
Page 18  
 
 (ii) is a re-broadcasting made or authorised by the organisation 
initially broadcasting the performance; and 
(b) the fixation of his unfixed performance; and 
(c) the direct or indirect  reproduction of a fixation of his performance, in 
any manner or form; and 
(d) the first making available to the pub lic of a fixation of his performance, 
or copies thereof, through sale or other transfer or ownership;  and 
(e) the rental to the public or pub lic lending of a fixation of his 
performance, or copies thereof, ir respective of the ownership of the 
copy rented or lent; and 
(f) the making available to the public of his fixed performance, by wire or 
wireless means, in such a way th at members of the public may access 
them from a place or at a time individually chosen by them. 
 
(2) Where a performer has authorised the incorporation of his performance in an 
audiovisual fixation, Subsection (1) sh all have no further application. 
 (3) Independently of the performer’s economic rights, and notwithstanding the 
transfer of those rights, the performer has, in respect of his live aural performances and 
performances fixed in phonograms, the right to cl aim to be identified as the performer of his 
performances, except where omission is di ctated by the manner of the use of the 
performance, and the right to object to any di stortion, mutilation or other modification of his 
performances that would be prejudicial to his reputation. 
 
(4) Section 7(3) and (4) applies mutatis mutandis  to any right conferred by 
Subsection (3). 
 (5) Nothing in this Section shall be constr ued to deprive performer of the right to 
agree by written agreement on such terms and c onditions that are most favourable to him in 
respect of his performances. 
 (6) The rights under this section shall be protected until the end of the fiftieth 
calendar year following the year in which th e 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. 
22. ACTS REQUIRING AUTHORIZAT ION OF PRODUCERS OF SOUND 
RECORDINGS. 
(1) Subject to Section 25, a producer of a sound recording shall have the exclusive 
right to carry out or to aut horise any of the following acts - 
(a) the direct or indirect  reproduction of the sound recording in any manner 
or form; and 
(b) the importation of copies of the sound recording; and  
(c) the making available to the public by sale or other transfer of 
ownership of the original or copies  of the sound recording that has not 
already been subject to a distribut ion authorised by the producer; and 
(d) the rental to the public or pub lic lending of a copy of the sound 
recording irrespective of the owner of the copy rented or lent; and  IP/N/1/PNG/C/1 
 Page 19 
 
 
 (e) the making available to the public of the sound recording, by wire of 
wireless means, in such a way that  members of the public may access it 
from a place or at a time i ndividually chosen by them. 
 
(2) The rights under subsecti on (1) shall be protected fr om the publication of the 
sound recording until the end of th e fiftieth calendar year follow ing the year of publication or, 
where the sound recording has not been publishe d from the fixation of the sound recording 
until the end of the fiftieth calendar year following the year of fixation. 
23. EQUITABLE REMUNERATION FO R USE OF SOUND RECORDINGS. 
(1) Where a sound recording publishe d for commercial purposes, or a 
reproduction of such sound recording, is us ed directly for broadcasting or other 
communication to the public, or  is publicly performed, a si ngle equitable remuneration for 
the performer or performers and the producer of the sound recording shall be paid by the user 
to the producer. 
 (2) Unless otherwise agreed between the pe rformers 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 sound recording until th e end of the fiftieth calendar year following 
the year of publication or, where the sound record ing has not been published, from the date of 
fixation of the sound recording until the end of th e fiftieth calendar year following the year of 
fixation. 
 
(4) For the purposes of this section, a sound recording that  has been made 
available to the public by wire or wireless means in such a way that members of the public 
may access them from a place and at a time indivi dually chosen by them shall be considered 
as if it has been publishe d for commercial purposes. 
24. ACTS REQUIRING AUTHORIZ ATION OF BROADCASTING 
ORGANIZATIONS. 
(1) Subject to Section 25, a broadcastin g organisation has, in relation to a 
broadcast, the exclusive right  to carry out or to author ise any of the following acts - 
(a) the re-broadcasting of the broadcast; and 
(b) the communication to the pub lic of the broadcast; and 
(c) the fixation of the broadcast; and 
(d) the reproduction of a fixa tion of the broadcast. 
 (2) The right under this section shall be  protected from the moment when the 
broadcasting takes place until the en d of the fiftieth calendar year following the year in which 
the broadcast takes place. 
25. LIMITATIONS ON PROTECTION. 
Sections 21, 22 and 24 shall not apply where the acts referred to in those sections are 
related to – 
 IP/N/1/PNG/C/1 
Page 20  
 
 (a) the use of short excepts for reporting curre nt events to the extent justified by 
the purpose of providing current information; or 
(b) reproduction solely for sc ientific research; or  
(c) reproduction solely for the purpose of face-to-face teachi ng activities except 
for performances and phonograms which have been published as teaching or 
instructional materials; or 
(d) cases where, under Part II, a work can be  used without the authorisation of the 
author or other owner of copyright. 
PART IV. - ENFORCEMENT OF RIGHTS. 
26. CONSERVATORY AND PROVISIONAL MEASURES. 
(1) The Court shall have the authority, u nder its civil and criminal jurisdiction, 
and on such terms as it may deem reasonable - 
(a) to grant injunctions to prohib it the committing, or continuation of 
committing, of infringement of any right protected under this Act; or 
(b) to order the impounding of copies  of works or sound recordings 
suspected of being made or importe d without the aut horisation of the 
owner of any right protected under this Act where the making or importation of copies is subjec t to such authorisation; or 
(c) to order the impounding or packaging of the implements that could be 
used for the making of copies of works and sound recordings, and the 
documents, accounts or business pape rs relating to such copies. 
 
(2) The provisions of the Criminal Code Act  (Chapter 262) dealing with search 
and seizure shall apply to infringe ments of rights under this Act. 
 (3) The provisions of the Customs Act  (Chapter 101) dealing with illegal goods 
shall apply to articles and implements used in  relation to infringements rights protected under 
this Act. 
27. CIVIL REMEDIES. 
(1)  The owner of any right protected under this Act whos e right has been infringed 
shall be entitled to payment of damages by the infringer for the prejudice suffered as a 
consequence of the act of infringement incl uding such expenses directly caused by the 
infringement. 
 (2) For the purposes of Subsection (1), the amount of damages shall be fixed 
taking into account the importan ce of the material, the moral prejudice suffered by the owner 
of the right and the importance of the infringe r’s profits attributable  to the infringement. 
 (3) Where the infringer did not or had no justifiable reason to know that he was 
engaged in an infringing activity, the Court may limit damages to the profits of the infringer 
attributable to the infringement. 
  IP/N/1/PNG/C/1 
 Page 21 
 
 
 (4) Subject to Subsection (5), where infri nging copies exist, the Court shall order 
the destruction or other reasonable disposition of  those copies and their packaging in such a 
manner as to avoid harm to the right holder, un less the owner of the right requests otherwise. 
 (5)  Subsection (4) shall not apply to copies and their packaging which were 
acquired by a third party in good faith. 
 (6)   Where there is a danger that implemen ts may be used to commit or continue to 
commit acts of infringement, the court may, whenev er and to the extent it is reasonable, order 
their destruction or other reasona ble disposition in such a manner as to minimise the risks of 
further infringements, including the surrender of the implements to the owner of the right. 
 (7)  Where it appears to the Court that th ere likelihood of an act of infringement 
continuing, the Court may order that such act of infringement shall cease to be continued. 
 (8) A person who carries on an act of infr ingement in contravention of an order 
under Subsection (7) shall be liable, on convi ction, to a fine not exceeding  K100,000.00 in 
addition to any other penalty the Court is empowered to impose. 
28. CRIMINAL SANCTIONS. 
(1)   A person who infringes a right protected under this Act, if done wilfully or by 
gross negligence and for profit-making purposes, is guilty of an offence. 
 Penalty: Imprisonment for a term, not ex ceeding ten years or a fine is not    
   exceeding K100,000.00, or both.  (2) The Court shall apply the measures a nd remedies referred to in Sections 31 
and 32 in any criminal proceedings under Subsection (1) provided that no decision has yet been taken on such remedies in a civil proceeding. 
29. MEASURES, REMEDIES AND SANCTIONS AGAINST ABUSES. 
(1) The following acts shall be considered unlawful and, in the application of 
Sections 26, 27 and 28, shall be assimilated to in fringements of the right s protected under this 
Act - 
(a) the manufacture or impor tation for sale or rent al of any device or 
means specifically designed or adapted to circumvent any device or means intended to prevent or restri ct reproduction of a work, a sound 
recording or a broadcast, or to im pair the quality of copies made; 
(b) the manufacture or impor tation for sale or rent al of any device or 
means that is susceptible to 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 management 
information without authority; IP/N/1/PNG/C/1 
Page 22  
 
 (d) the distribution, import for distri bution, broadcasting, communication 
to the public or making available to  the public, without authority, of 
works, performances, sound record ings or broadcasts, knowing or 
having reason to know that electr onic rights management information 
has been removed or altered without authority. 
 (2) In the application of Sections 26, 27 and 28, any illicit device and means 
referred to in Subsection (1) and any copy from  which rights management information has 
been removed, or in which such information has been altered, shall be assimilated to infringing copies or works, and any illicit act referred to in Su bsection (1) shall be treated as 
an infringement of copyright or neighbouring ri ghts to which the civil remedies and criminal 
sanctions provided for in Sections  26, 27 and 28 are applicable.  
PART V. - PROTECTION OF EXPRESSIONS OF FOLKLORE. 
30. RIGHTS PROTECTED. 
(1) Expressions of folklore  are protected against - 
(a) reproduction; and 
(b) communication to the public by perf ormance, broadcasting, distribution 
by cable or by other means; and 
(c) adaptation, translation and other tr ansformation when such uses are 
made either for commercial purposes  or outside their traditional or 
customary context. 
 (2) Subsection (1) shall not apply where act s referred to therein are related to - 
(a) the use by a person exclusively for his own personal purposes; and 
(b) using short excerpts for reporting curr ent events to the extent justified 
by the purpose of providing current information; and 
(c) the use solely for the purposes of f ace-to-face teaching or for scientific 
research. 
 (3) In all publications and in connection with any communicatio n to the public of 
any identifiable expression of folklore, its sour ce shall be indicated in  an appropriate manner 
and in conformity with fair practice by men tioning the community or place from where the 
expression utilised is derived. 
 (4) The right to authorise acts referred to in Subsection (1) and the terms and 
conditions of such authorisati on shall vest in a competent au thority as determined by the 
Minister for the purposes of this section. 
 (5) All monies collected in relation to th is Part shall be used for purposes of 
cultural development as the competent authority referred to in Subsection (4), on the approval 
of the Minister, determines.  IP/N/1/PNG/C/1 
 Page 23 
 
 
 31. INFRINGEMENT OF FOLKLORE. 
A person who, without the consent of the co mpetent authority referred to in Section 
30 (4), uses an expression of folklore in a ma nner not permitted by that section, is guilty of an 
offence and shall be liable to the competent au thority for damages, injunctions and any other 
remedies as the Court may deem fit. 
PART VI. - MISCELLANEOUS. 
32. APPLICATION OF INTERNATIONAL TREATIES. 
The provisions of any international treaties in respect of copyri ght and related rights 
to which Papua New Guinea is a party shall appl y to matters dealt with in this Act and, in 
case of any conflict with a provisi on of this Act, the treaty sha ll prevail to the extent of any 
inconsistency. 
33. REGULATIONS. 
The Head of State, acting on advice, may make  regulations not inconsistent with this 
Act prescribing all matters that are by this Act required to be prescribed  or that are necessary 
or convenient to be prescribed for carry ing out or giving eff ect to this Act. 
34. REPEAL. 
The Copyright Act  1978  is repealed. 
   I hereby certify that the above  is a fair print of the Copyright and Neighbouring Rights Act 
2000  which has been made by the National Parliament. 
    
Clerk of the National Parliament. 
   
I hereby certify that the Copyright and Neighbouring Rights Act 2000  was made by the 
National Parliament on 19 July 2000 by an absolute majority in accordance with the 
Constitution.  
 
  
Speaker of the National Parliament 
__________