Copyrights Law in Tonga
Copyright Law in Tonga
1. Legal Framework
Copyright in Tonga is governed by the:
Copyright and Neighbouring Rights Act 2008
This law aligns Tonga’s copyright regime with international standards and treaties, including:
The Berne Convention for the Protection of Literary and Artistic Works
The TRIPS Agreement
The WIPO Copyright Treaty
2. What is Protected?
Under Tonga’s copyright law, protection covers original works of authorship such as:
Literary works (books, articles, computer programs)
Musical works (with or without lyrics)
Artistic works (paintings, drawings, sculptures)
Cinematographic and audiovisual works
Sound recordings and broadcasts
Architectural works
Derivative and compiled works
Works must be original and fixed in a tangible form.
3. Ownership of Copyright
The author or creator is the initial copyright owner.
For works created in the course of employment, the employer may own the copyright unless otherwise agreed.
For commissioned works, ownership depends on written contracts.
4. Duration of Copyright
| Type of Work | Duration |
|---|---|
| Literary, artistic, musical | Life of author + 50 years after death |
| Anonymous or pseudonymous | 50 years from publication |
| Cinematographic works | 50 years from publication |
| Sound recordings and broadcasts | 50 years from publication or performance |
| Architectural works | 25 years from creation |
5. Economic and Moral Rights
Economic rights include reproduction, distribution, public performance, broadcasting, adaptation, and communication to the public.
Moral rights include the right of attribution and the right to object to distortion or mutilation of the work.
Moral rights are inalienable and remain with the author even after economic rights expire.
6. Limitations and Exceptions
Tongan law allows certain exceptions such as:
Use for private and personal purposes
Quotation for criticism, review, or news reporting (with attribution)
Use for educational and research purposes
Temporary reproductions for technical processes
Use by libraries and archives for preservation
7. Enforcement and Remedies
Infringement remedies include injunctions, damages, and seizure of infringing materials.
Criminal penalties apply for willful infringement.
Enforcement is handled through Tonga’s court system.
8. Registration
Copyright protection is automatic upon creation.
Registration is not mandatory but may be used for evidence in disputes.
The Tonga Intellectual Property Office handles IP administration.
Summary
Tonga protects copyright for life of author + 50 years.
Covers a broad range of original works.
Both economic and moral rights are recognized.
Exceptions exist for education, private use, and news reporting.
Enforcement through the court system.
Copyright arises automatically; registration is optional.
RELATED Blog
0 comments