Copyrights Law in Tuvalu
Tuvalu's copyright law is primarily governed by the Copyright Act (Chapter 40.24, Revised Edition 2008), which was enacted on June 13, 1917. This legislation has been retained post-independence, reflecting Tuvalu's historical ties to British law. The Act aligns with international standards, notably the Berne Convention for the Protection of Literary and Artistic Works, to which Tuvalu acceded on June 2, 2017.
📚 Scope of Protection
The Copyright Act offers protection to original works in the literary, artistic, and scientific domains, including:
Books, articles, and other written works
Dramatic and musical compositions
Artistic works such as paintings and sculptures
Photographic works
Audiovisual works
Computer programs and databases
Architectural designs
Protection extends to derivative works, such as translations and adaptations. However, ideas, methods, and systems are not protected under copyright law.
⏳ Duration of Protection
The standard duration of copyright protection is the lifetime of the author plus 50 years after their death. For anonymous or pseudonymous works, protection lasts 50 years from the date of first publication. For works of joint authorship, the term lasts 50 years from the death of the last surviving author.
⚖️ Enforcement and Penalties
The Act stipulates penalties for the unauthorized dealing with infringing copies of copyrighted works. Offenders may face fines of $4 per infringing copy, up to a maximum of $100 for the same transaction. For subsequent offenses, penalties may include imprisonment for up to two months. Courts have the authority to order the destruction or delivery of infringing copies or plates.
📝 Registration and Formalities
While copyright protection is automatic upon the creation of an original work, registration with the relevant authorities is recommended to establish a public record of the work. This can be particularly useful in legal disputes to prove ownership and the date of creation.
🌐 International Treaties
Tuvalu is a member of several international treaties, including:
Berne Convention for the Protection of Literary and Artistic Works
World Intellectual Property Organization (WIPO) Copyright Treaty
World Trade Organization (WTO)
These memberships facilitate the protection of Tuvaluan works internationally and ensure that foreign works are protected within Tuvalu.
🏢 Administrative Authority
The Registrar General of Intellectual Property, under the Ministry of Justice, is responsible for administering copyright matters in Tuvalu. The office can be contacted at:
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