Selected year snapshot
For 2016, the active event in this file is Copyright Act 2002 (Act No. 12 of 2002).
60%
Current rationale
The Copyright Act 2002 introduced Tonga's first dedicated copyright statute. The most permissive research-relevant exception is Section 9 (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 (with exclusions for architecture, substantial parts of digital databases, and computer programs), but is restricted to natural persons acting privately and covers only reproduction (not sharing/communication). Section 12 (library/archive reproduction) is limited to 'published articles, other short works or short extracts of a work' for study, scholarship or private research — this does not permit full-work reproduction and is restricted to institutions, so it would be RED or PURPLE. Section 10 (quotation) is limited to quotations and does not permit full-work reproduction (RED). Section 11 (teaching) is limited to short parts/short extracts (RED). Section 13 (informatory purposes) is limited to short excerpts and specific informatory contexts. The most permissive exception for research is Section 9, which permits full-work reproduction by a natural person for personal purposes (which includes private study/research). However, it is restricted to natural persons acting privately, does not cover sharing/communication, and excludes certain work types (architecture, substantial parts of digital databases, computer programs). The exclusion of certain work categories would normally push toward ORANGE, but the exclusions are narrow (architecture in building form, substantial parts of digital databases, computer programs) and the exception otherwise covers full works. Since the exception is restricted to 'personal purposes' by a 'natural person,' this is LIGHT BLUE. The work-type exclusions (architecture, digital databases, computer programs) could push this to ORANGE, but the primary restriction is the personal/private user limitation. Under the compound-restriction rule, the most restrictive element governs: LIGHT BLUE (user restriction) vs. ORANGE (work restriction). ORANGE is more restrictive than LIGHT BLUE in the hierarchy, so the classification should be ORANGE. However, re-examining: the hierarchy is GREEN > BLUE > LIGHT BLUE > PURPLE > ORANGE > RED. ORANGE is more restrictive than LIGHT BLUE. Since Section 9 has both a user restriction (natural person, personal purposes → LIGHT BLUE) and a work restriction (excludes architecture, digital databases, computer programs → ORANGE), the most restrictive element is ORANGE. Classification: ORANGE.
Exceptions considered
Private reproduction for personal purposes: permits a natural person to make a single copy of a published work exclusively for personal purposes. Excludes architecture in building form, substantial parts of digital databases, and computer programs.
Quotation: permits reproduction of a quotation from a lawfully available work, compatible with fair practice, not exceeding extent justified by purpose.
Reproduction for teaching: permits reproduction of short parts of published works for teaching illustration, and reprographic reproduction of articles/short works/short extracts for face-to-face teaching in non-commercial educational institutions.
Reprographic reproduction by libraries and archives: permits a single reprographic copy of published articles, short works, or short extracts for study, scholarship, or private research requests by natural persons; also permits preservation copies.
Reproduction, broadcasting and communication to the public for informatory purposes: permits reproduction of newspaper/periodical articles on current topics, short excerpts for reporting current events, and lectures/addresses for current information.
Law changes
Baseline
Baseline · Effective 1990-01-01
?
Dates: Effective 1990-01-01
Why this score
Tonga did not have a dedicated copyright statute in force on 1990-01-01. Prior to the Copyright Act 2002 (Act No. 12 of 2002), copyright protection in Tonga was governed by inherited common law principles and potentially the UK Copyright Act 1956 as extended, but no specific Tongan statutory text with exceptions and limitations for research could be verified via web search. Without access to the actual statutory text in force on that date, the status is AMBIGUOUS.
Copyright Act 2002 (Act No. 12 of 2002)
Relevant update · Effective 2002-07-01
60%
Relevant section: Sections 9, 10, 11, 12, 13
Dates: Effective 2002-07-01 · Enacted 2002-07-01
Why this score
The Copyright Act 2002 introduced Tonga's first dedicated copyright statute. The most permissive research-relevant exception is Section 9 (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 (with exclusions for architecture, substantial parts of digital databases, and computer programs), but is restricted to natural persons acting privately and covers only reproduction (not sharing/communication). Section 12 (library/archive reproduction) is limited to 'published articles, other short works or short extracts of a work' for study, scholarship or private research — this does not permit full-work reproduction and is restricted to institutions, so it would be RED or PURPLE. Section 10 (quotation) is limited to quotations and does not permit full-work reproduction (RED). Section 11 (teaching) is limited to short parts/short extracts (RED). Section 13 (informatory purposes) is limited to short excerpts and specific informatory contexts. The most permissive exception for research is Section 9, which permits full-work reproduction by a natural person for personal purposes (which includes private study/research). However, it is restricted to natural persons acting privately, does not cover sharing/communication, and excludes certain work types (architecture, substantial parts of digital databases, computer programs). The exclusion of certain work categories would normally push toward ORANGE, but the exclusions are narrow (architecture in building form, substantial parts of digital databases, computer programs) and the exception otherwise covers full works. Since the exception is restricted to 'personal purposes' by a 'natural person,' this is LIGHT BLUE. The work-type exclusions (architecture, digital databases, computer programs) could push this to ORANGE, but the primary restriction is the personal/private user limitation. Under the compound-restriction rule, the most restrictive element governs: LIGHT BLUE (user restriction) vs. ORANGE (work restriction). ORANGE is more restrictive than LIGHT BLUE in the hierarchy, so the classification should be ORANGE. However, re-examining: the hierarchy is GREEN > BLUE > LIGHT BLUE > PURPLE > ORANGE > RED. ORANGE is more restrictive than LIGHT BLUE. Since Section 9 has both a user restriction (natural person, personal purposes → LIGHT BLUE) and a work restriction (excludes architecture, digital databases, computer programs → ORANGE), the most restrictive element is ORANGE. Classification: ORANGE.
Exceptions considered
Private reproduction for personal purposes: permits a natural person to make a single copy of a published work exclusively for personal purposes. Excludes architecture in building form, substantial parts of digital databases, and computer programs.
Quotation: permits reproduction of a quotation from a lawfully available work, compatible with fair practice, not exceeding extent justified by purpose.
Reproduction for teaching: permits reproduction of short parts of published works for teaching illustration, and reprographic reproduction of articles/short works/short extracts for face-to-face teaching in non-commercial educational institutions.
Reprographic reproduction by libraries and archives: permits a single reprographic copy of published articles, short works, or short extracts for study, scholarship, or private research requests by natural persons; also permits preservation copies.
Reproduction, broadcasting and communication to the public for informatory purposes: permits reproduction of newspaper/periodical articles on current topics, short excerpts for reporting current events, and lectures/addresses for current information.
Original text
9. Private reproduction for personal purposes (1) Notwithstanding the provisions of section 8(1)(a), 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 natural 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 a building or other construction; (b) of the whole or a substantial part of a database in digital form; (c) of a computer program except as provided in section 14; (d) 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 owner of copyright. 10. Quotation Notwithstanding the provisions of section 8(1)(a), it shall be permitted without the authorisation of the author or owner of copyright, to reproduce a quotation from a work which has already been lawfully made available to the public, provided that the reproduction is compatible with fair practice and does not exceed the extent justified by the purpose, including quotations from newspaper articles and periodicals in the form of press summaries. 11. Reproduction for teaching (1) Notwithstanding the provisions of section 8(1)(a), the following acts shall be permitted without the authorisation of the author or owner of copyright — (a) the reproduction of a short part of a published work for teaching purposes by way of illustration, in writings or in sound or visual recordings, provided that such reproduction is compatible with fair practice; (b) the reprographic 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, provided 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. 12. Reprographic reproduction by libraries and archives (1) Notwithstanding the provisions of section 8(1)(a), any library or archive whose activities do not serve direct or indirect commercial gain may, without the authorisation of the author or 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 request 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 one occurring, if repeated, on separate and unrelated occasions; and (iii) there is no collective 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, replace 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 reasonable conditions. 13. Reproduction, broadcasting and other communication to the public for informatory purposes Notwithstanding the provisions of section 8(1), the following acts shall be permitted without the authorisation of the author or owner of copyright — (a) the reproduction in a newspaper or periodical, the broadcasting or other communication to the public of — (i) any article published in a newspaper or periodical on current economic, political or religious topics; or (ii) a broadcast work of the same character, in cases in which the reproduction, broadcasting or other communication to the public thereof is not expressly reserved; (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 the extent justified by the purpose; (c) the reproduction in a newspaper or periodical, the broadcasting or other communication to the public of a lecture, address, sermon or other work of a similar nature delivered in public, to the extent justified by the purpose of providing current information.
Source links
Copyright (Amendment) Act 2025 (Act No. 19 of 2025)
Relevant update · Effective 2025-08-28
20%
Relevant section: Section 30(1)(e) of the Principal Act (as amended)
Dates: Effective 2025-08-28 · Enacted 2025-05-14
Why this score
The Copyright (Amendment) Act 2025 amends Section 30(1) of the principal Copyright Act by adding a new offence for infringement via computer systems. This is an enforcement provision, not an exception or limitation. It does not add, remove, or modify any exception relevant to research, private study, fair dealing, or TDM. All pre-existing exceptions (Sections 9, 10, 11, 12, 13) remain unchanged. The classification remains ORANGE based on the same analysis as the previous event: Section 9 (private reproduction for personal purposes) remains the most permissive research-relevant exception, but it excludes certain work types (architecture, digital databases, computer programs) and is limited to natural persons for personal purposes. The compound restriction yields ORANGE as the most restrictive element.
Exceptions considered
Private reproduction for personal purposes: permits a natural person to make a single copy of a published work exclusively for personal purposes. Excludes architecture in building form, substantial parts of digital databases, and computer programs. Unchanged by 2025 amendment.
Quotation exception. Unchanged.
Reproduction for teaching. Unchanged.
Reprographic reproduction by libraries and archives for study/scholarship/private research. Unchanged.
Reproduction for informatory purposes. Unchanged.
Original text
Section 30(1) of the Principal Act is amended by- (a) removing the punctuation "." and replacing it with the punctuation ";" at the end of paragraph (d); and (b) inserting the following new paragraph (e) - "(e) a person who, by means of a computer system, infringes a right protected under this Act commits an offence.".
Source links
Copyright Act 2002 (Act No. 12 of 2002), as amended by Copyright (Amendment) Act 2025 (Act No. 19 of 2025)
Current law confirmation · Effective 2025-08-28
20%
Relevant section: Sections 9, 10, 11, 12, 13
Dates: Effective 2025-08-28
Why this score
As of 2025, the Copyright Act 2002 (as amended by the 2025 Amendment Act) remains in force. The 2025 amendment only added an enforcement provision (computer-system infringement offence) and did not alter any exceptions or limitations. The most permissive research-relevant exception remains Section 9 (private reproduction for personal purposes), which permits a natural person to reproduce a published work in a single copy exclusively for personal purposes. This covers full-work reproduction but excludes: (a) architecture in building form, (b) whole or substantial part of a digital database, and (c) computer programs. It is also limited to natural persons for personal purposes (no sharing/communication). Evaluating the three dimensions: Uses — reproduction only, no sharing; Works — full works but with exclusions for architecture, digital databases, and computer programs; Users — natural persons only, personal purposes. The compound restriction analysis: user restriction alone would yield LIGHT BLUE; work-type exclusions alone would yield ORANGE. ORANGE is more restrictive than LIGHT BLUE in the hierarchy (GREEN > BLUE > LIGHT BLUE > PURPLE > ORANGE > RED), so the classification is ORANGE. No TDM exception exists. No fair dealing or fair use clause exists. No general research exception exists. The library exception (Section 12) is limited to articles/short works/short extracts and thus RED. Non-commercial restriction and single-copy limit in Section 9 are classification-neutral factors and were not factored into the color decision.
Exceptions considered
Private reproduction for personal purposes: permits a natural person to make a single copy of a published work exclusively for personal purposes. Excludes architecture in building form, substantial parts of digital databases, and computer programs.
Quotation: permits reproduction of quotations from lawfully available works, compatible with fair practice, not exceeding extent justified by purpose.
Reproduction for teaching: permits reproduction of short parts for teaching illustration and reprographic reproduction of articles/short works/short extracts for face-to-face teaching in non-commercial educational institutions.
Reprographic reproduction by libraries and archives: permits a single reprographic copy of published articles, short works, or short extracts for study, scholarship, or private research; also preservation copies.
Reproduction, broadcasting and communication to the public for informatory purposes: permits reproduction of newspaper/periodical articles on current topics, short excerpts for reporting current events, and lectures for current information.
Reproduction and adaptation of computer programs: permits lawful user to make a single backup copy and to observe/study/test functioning. Not directly a research exception but relevant to the computer program exclusion in Section 9.
Original text
9. Private reproduction for personal purposes (1) Notwithstanding the provisions of section 8(1)(a), 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 natural 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 a building or other construction; (b) of the whole or a substantial part of a database in digital form; (c) of a computer program except as provided in section 14; (d) 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 owner of copyright.