Selected year snapshot
For 1993, the active event in this file is Copyright Act (Cap. 100).
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Current rationale
The copyright law in force in Fiji on 1990-01-01 was the Copyright Act (Cap. 100), which was based on the UK Copyright Act 1956 as extended to Fiji. Despite extensive web searching, I was unable to locate the full statutory text of this Act as it stood on 1990-01-01. The UK Copyright Act 1956, as applied to Fiji, contained fair dealing provisions for research and private study (Section 6), but I cannot verify the exact text as applied in Fiji or confirm whether any local amendments had been made. The law was eventually repealed and replaced by the Copyright Act 1999. Without access to the verified statutory text, I classify this as AMBIGUOUS.
Exceptions considered
Fair dealing for purposes of research or private study — presumed to exist based on the UK Copyright Act 1956 model, but text not verified for Fiji
Law changes
Copyright Act (Cap. 100)
Baseline · Effective 1990-01-01
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Dates: Effective 1990-01-01
Why this score
The copyright law in force in Fiji on 1990-01-01 was the Copyright Act (Cap. 100), which was based on the UK Copyright Act 1956 as extended to Fiji. Despite extensive web searching, I was unable to locate the full statutory text of this Act as it stood on 1990-01-01. The UK Copyright Act 1956, as applied to Fiji, contained fair dealing provisions for research and private study (Section 6), but I cannot verify the exact text as applied in Fiji or confirm whether any local amendments had been made. The law was eventually repealed and replaced by the Copyright Act 1999. Without access to the verified statutory text, I classify this as AMBIGUOUS.
Exceptions considered
Fair dealing for purposes of research or private study — presumed to exist based on the UK Copyright Act 1956 model, but text not verified for Fiji
Copyright Act 1999 (Act No. 10 of 1999)
Relevant update · Effective 1999-08-01
100%
Relevant section: Sections 40, 41, 42, 43, 44, 45, 46, 47, 48, 49, 50, 51, 52, 53, 54, 55, 56, 57, 58, 59, 60, 61, 62, 63, 64, 65, 66, 67, 68, 69, 70, 71, 72, 73, 74, 75, 76, 77, 78, 79, 80, 81, 82, 83, 84, 85, 86, 87, 88, 89, 90, 91, 92, 93, 94, 95, 96, 97, 98, 99 (Part 4 — Acts Permitted in Relation to Copyright Works)
Dates: Effective 1999-08-01 · Enacted 1999
Why this score
Section 40(1) provides a fair dealing exception for research or private study covering literary, dramatic, musical or artistic works. The term 'fair dealing' covers any act restricted by copyright (not only reproduction), and the exception is open to any user — it is not restricted to individuals acting privately (the phrase 'research or private study' lists two independent purposes; 'private' modifies 'study' not 'research'). The exception covers all categories of original works (literary, dramatic, musical, artistic) and typographical arrangements. Additionally, sections 42-43 provide library copying exceptions for research, and section 41 provides fair dealing for criticism/review. The most permissive exception is section 40, which permits fair dealing (covering any exclusive right) with any original work for research by any user. This maps to GREEN. The non-commercial nature of 'private study' is a classification-neutral factor. The restriction in s.40(2) on third-party copying is a proportionality qualifier that does not change the color.
Exceptions considered
Fair dealing with literary, dramatic, musical or artistic works for purposes of research or private study — open to any user, covers any act restricted by copyright ('dealing'), applies to all original works
Fair dealing for purposes of criticism, review and news reporting
Copying by librarians for purposes of research or private study — articles in periodicals and parts of published works; restricted to librarians acting for researchers
Copying by librarians to supply other libraries
Acts done for purposes of instruction or examination
Original text
40.—(1) Fair dealing with a literary, dramatic, musical or artistic work for the purposes of research or private study does not infringe any copyright in the work or, in the case of a published edition, in the typographical arrangement. (2) Copying by a person other than the researcher or student himself or herself is not fair dealing if— (a) in the case of a librarian, or a person acting on behalf of a librarian, he or she does anything which regulations under section 43 would not permit to be done under section 42 or 43; or (b) in any other case, the person doing the copying knows or has reason to believe that it will result in copies of substantially the same material being provided to more than one person at substantially the same time and for substantially the same purpose.
Source links
Copyright Act 1999 (Act No. 10 of 1999)
Current law confirmation · Effective 2025-03-08
100%
Relevant section: Section 40
Dates: Effective 2025-03-08
Why this score
As of 2025, the Copyright Act 1999 remains in force in Fiji without any amendments to the fair dealing provisions relevant to research. Section 40(1) continues to provide fair dealing for research or private study covering literary, dramatic, musical or artistic works and typographical arrangements. 'Fair dealing' covers any act restricted by copyright (reproduction, communication, adaptation, etc.), not only reproduction. The exception is open to any user — 'research' is not qualified by 'private' or 'personal.' The exception applies to all categories of original works. This maps to GREEN. No TDM-specific exception exists in Fiji's law. The library exceptions in sections 42-44 remain in force but are less permissive (PURPLE). No amendments to Part 4 of the Copyright Act 1999 were identified through web search. The Fiji Law Reform Commission published a review of copyright laws in 2024 (see flrc.gov.fj), but no amending legislation has been enacted as of early 2025. Classification-neutral factors (non-commercial purpose, copy limits in s.40(2)) were not factored into the color decision.
Exceptions considered
Fair dealing with literary, dramatic, musical or artistic works for purposes of research or private study — open to any user, covers any act restricted by copyright, applies to all original works and typographical arrangements
Fair dealing for purposes of criticism, review and news reporting
Copying by librarians for purposes of research or private study — articles in periodicals and parts of published works
Copying by librarians to supply other libraries
Acts done for purposes of instruction or examination
Original text
40.—(1) Fair dealing with a literary, dramatic, musical or artistic work for the purposes of research or private study does not infringe any copyright in the work or, in the case of a published edition, in the typographical arrangement. (2) Copying by a person other than the researcher or student himself or herself is not fair dealing if— (a) in the case of a librarian, or a person acting on behalf of a librarian, he or she does anything which regulations under section 43 would not permit to be done under section 42 or 43; or (b) in any other case, the person doing the copying knows or has reason to believe that it will result in copies of substantially the same material being provided to more than one person at substantially the same time and for substantially the same purpose.