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Papua New Guinea

Copyright and Neighbouring Rights Act 2000.

Copyright exception history

0%20%40%60%80%100%199019952000200520102015202020252000: 60%2001: 60%2002: 60%2003: 60%2004: 60%2005: 60%2006: 60%2007: 60%2008: 60%2009: 60%2010: 60%2011: 60%2012: 60%2013: 60%2014: 60%2015: 60%2016: 60%2017: 60%2018: 60%2019: 60%2020: 60%2021: 60%2022: 60%2023: 60%2024: 60%2025: 20%YearOpenness score (%)

Selected year snapshot

For 1993, the active event in this file is Baseline.

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Current rationale

Papua New Guinea did not have a dedicated copyright statute in force on 1990-01-01. Prior to the Copyright and Neighbouring Rights Act 2000, PNG's copyright regime was inherited from the pre-independence Australian Copyright Act 1968 as applied via the Laws Repeal and Adopting Act (Ch. 1) and the Underlying Law Act. However, no verified official statutory text of the copyright law actually in force in PNG on 1990-01-01 could be located via web search. The Classification of Publication (Censorship) Act 1989 dealt with censorship, not copyright exceptions. Without access to the verified statutory text of the copyright law in force on that date, the status must be AMBIGUOUS. The Copyright and Neighbouring Rights Act 2000 (No. 21 of 2000) was enacted in 2000 and came into operation by notice in the National Gazette, but the exact commencement date could not be verified from the sources retrieved.

Law changes

Baseline

Baseline ยท Effective 1990-01-01

?

Dates: Effective 1990-01-01

Why this score

Papua New Guinea did not have a dedicated copyright statute in force on 1990-01-01. Prior to the Copyright and Neighbouring Rights Act 2000, PNG's copyright regime was inherited from the pre-independence Australian Copyright Act 1968 as applied via the Laws Repeal and Adopting Act (Ch. 1) and the Underlying Law Act. However, no verified official statutory text of the copyright law actually in force in PNG on 1990-01-01 could be located via web search. The Classification of Publication (Censorship) Act 1989 dealt with censorship, not copyright exceptions. Without access to the verified statutory text of the copyright law in force on that date, the status must be AMBIGUOUS. The Copyright and Neighbouring Rights Act 2000 (No. 21 of 2000) was enacted in 2000 and came into operation by notice in the National Gazette, but the exact commencement date could not be verified from the sources retrieved.

Copyright and Neighbouring Rights Act 2000

Relevant update ยท Effective 2000-06-21

60%

Relevant section: Sections 17, 18, 19, 20, 21, 22

Dates: Effective 2000-06-21 ยท Enacted 2000-06-21

Why this score

The Copyright and Neighbouring Rights Act 2000 introduced PNG's first comprehensive copyright exceptions. The most permissive exception relevant to research is Section 17 (Private Reproduction for Personal Purposes), which permits a natural person to make a single copy of a published work exclusively for his own personal purposes. This covers reproduction of full works (subject to exclusions for architecture, substantial parts of digital databases, and computer programs). Section 20 provides a library/archival exception but is limited to 'published articles, other short works or short extracts of a work' for study, scholarship or private research โ€” this does not permit full-work reproduction and is therefore RED individually. Section 18 (Quotation) only permits quotations, not full-work reproduction โ€” RED. Section 19 (Teaching) is limited to short parts/short extracts โ€” RED. There is no general fair dealing or fair use clause. There is no TDM exception. Section 17 is the most permissive: it permits reproduction of full works by a natural person for personal purposes (which includes private research/study), but it is restricted to natural persons acting for their own personal purposes, does not cover sharing/communication, and excludes architecture, substantial parts of digital databases, and computer programs. The exclusion of specific work categories (architecture, digital databases, computer programs) means this is not a clean LIGHT BLUE โ€” it could be ORANGE due to work-type exclusions. However, the exclusions are narrow carve-outs from an otherwise broad permission covering all published works, and the primary restriction is the 'natural person exclusively for his own personal purposes' user limitation. Under the classification hierarchy, the user restriction (individual/private only = LIGHT BLUE) and the work exclusions (ORANGE) both apply; the more restrictive element governs. ORANGE is more restrictive than LIGHT BLUE in the hierarchy. However, re-examining: LIGHT BLUE already implies a private/personal user restriction. The work exclusions (architecture, digital databases, computer programs) are additional restrictions on top of the private-use limitation. Since ORANGE (work-type exclusion) is more restrictive than LIGHT BLUE (user restriction) in the color hierarchy (GREEN > BLUE > LIGHT BLUE > PURPLE > ORANGE > RED), the compound restriction should be classified at the most restrictive element. But the hierarchy ranks LIGHT BLUE as less restrictive than ORANGE, meaning ORANGE is the more restrictive classification. On reflection, the work exclusions in Section 17(2) are relatively narrow (architecture as buildings, substantial parts of digital databases, computer programs), and the exception still permits full-work reproduction of literary works, musical works, artistic works, audiovisual works, photographs, etc. The exception does permit full-work reproduction for at least some (indeed most) types of works. The primary limiting factor for research classification is the restriction to 'natural person exclusively for his own personal purposes' โ€” this is a LIGHT BLUE restriction. The work exclusions add an ORANGE element. Since ORANGE is more restrictive than LIGHT BLUE in the hierarchy, the compound result should be ORANGE. However, I note that the work exclusions are narrow carve-outs and the exception covers the vast majority of work types in full. The classification rules state: 'if a single exception has restrictions in more than one dimension, classify according to the most restrictive element.' ORANGE is more restrictive than LIGHT BLUE. Therefore the classification should be ORANGE. But wait โ€” re-reading the color definitions more carefully: LIGHT BLUE means 'permits reproduction of whole works but restricts the beneficiary to individuals.' ORANGE means 'permits reproduction of full works for research, but excludes specific categories of works.' The question is which is more restrictive. The hierarchy says GREEN > BLUE > LIGHT BLUE > PURPLE > ORANGE > RED. So LIGHT BLUE is LESS restrictive than ORANGE. When compound restrictions apply, we use the MOST restrictive element, which is ORANGE. Final classification: ORANGE. Classification-neutral factors: the single-copy limit and the three-step-test language in Section 17(2)(d) do not affect the color.

Exceptions considered

Section 1720%Private UseMost permissive

Private reproduction of a published work in a single copy by a natural person exclusively for his own personal purposes. Excludes architecture (as buildings), substantial parts of digital databases, and computer programs. Subject to three-step test.

Section 180%Quotation

Quotation from a work lawfully made available to the public, compatible with fair practice, not exceeding extent justified by purpose.

Section 190%Educational

Reproduction of a short part of a published work for teaching purposes; reprographic reproduction of articles, short works or short extracts for face-to-face teaching in non-commercial educational institutions.

Section 200%Library Institutional

Reprographic reproduction by libraries and archival centres of published articles, other short works or short extracts to satisfy requests of natural persons for study, scholarship or private research. Also permits preservation copies.

Section 210%Other

Reproduction, broadcasting and communication to the public for informatory purposes โ€” limited to news articles, current events reporting, and public lectures.

Section 220%Other

Reproduction and adaptation of computer programs by lawful owner for use with a computer or archival purposes.

Original text

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Copyright and Neighbouring Rights Act 2000

Current law confirmation ยท Effective 2025-03-08

20%

Relevant section: Sections 17, 18, 19, 20, 21, 22

Dates: Effective 2025-03-08

Why this score

As of 2025, the Copyright and Neighbouring Rights Act 2000 remains in force with no verified amendments to its exceptions provisions. The most permissive research-relevant exception remains Section 17 (Private Reproduction for Personal Purposes), which permits a natural person to reproduce a published work in a single copy exclusively for his own personal purposes. This covers full-work reproduction but: (1) restricts users to natural persons acting for personal purposes (LIGHT BLUE dimension), (2) excludes works of architecture as buildings, substantial parts of digital databases, and computer programs (ORANGE dimension), and (3) does not cover sharing/communication (not GREEN or BLUE). Under the compound-restriction rule, the most restrictive element governs. ORANGE (work-type exclusion) is more restrictive than LIGHT BLUE (user restriction) in the hierarchy. No general fair dealing, fair use, three-step-test enabling clause, or TDM exception exists. The library exception (Section 20) is limited to articles, short works, and short extracts โ€” it does not permit full-work reproduction and is therefore RED. Classification-neutral factors (single-copy limit, non-commercial nature of personal use, three-step-test language in Section 17(2)(d)) were not factored into the color decision.

Exceptions considered

Section 1720%Private UseMost permissive

Private reproduction of a published work in a single copy by a natural person exclusively for his own personal purposes. Excludes architecture (as buildings), substantial parts of digital databases, and computer programs.

Section 180%Quotation

Quotation from a work lawfully made available to the public, compatible with fair practice, not exceeding extent justified by purpose.

Section 190%Educational

Reproduction of short parts for teaching; reprographic reproduction of articles, short works or short extracts for face-to-face teaching in non-commercial educational institutions.

Section 200%Library Institutional

Reprographic reproduction by libraries and archival centres of published articles, other short works or short extracts for study, scholarship or private research. Also preservation copies.

Section 210%Other

Reproduction, broadcasting and communication to the public for informatory purposes โ€” news articles, current events, public lectures.

Section 220%Other

Reproduction and adaptation of computer programs by lawful owner for use or archival purposes.

Original text

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