Copyrights Law in Vanuatu
Here’s a detailed overview of Copyright Law in Vanuatu:
Copyright Law in Vanuatu
1. Legal Framework
Vanuatu’s copyright protection is governed by the Copyright and Related Rights Act No. 42 of 2000, which establishes the legal basis for protecting the rights of authors and creators.
Vanuatu is also a member of the World Intellectual Property Organization (WIPO) and a signatory to the Berne Convention for the Protection of Literary and Artistic Works, which sets international minimum standards for copyright protection.
2. Protected Works
The Copyright and Related Rights Act protects original intellectual creations, including:
Literary works (books, poems, computer programs)
Artistic works (paintings, drawings, sculptures, architecture)
Musical works (including lyrics)
Dramatic works (plays, choreographic works)
Audiovisual works (films, videos)
Sound recordings
Broadcasts
Databases (as compilations)
Performances of performers
Photographic works
3. Rights Granted
Vanuatu’s law grants both economic and moral rights:
Economic rights include the exclusive right to:
Reproduce the work
Publish or distribute copies
Perform or display the work publicly
Broadcast or communicate the work
Translate or adapt the work
Moral rights include:
The right to claim authorship
The right to object to derogatory treatment of the work
4. Duration of Protection
Author’s life + 50 years after death for most works.
For anonymous or pseudonymous works: 50 years from the date of publication.
For cinematographic works and sound recordings: 50 years from creation or publication.
Broadcasts and performances: 50 years from the date of first transmission or performance.
5. Infringement and Enforcement
Infringement includes unauthorized reproduction, distribution, or use of protected works. Remedies include:
Civil actions for damages, injunctions, and destruction of infringing copies
Criminal penalties including fines and imprisonment for willful infringement
Customs enforcement against the import/export of pirated goods
6. Limitations and Exceptions
The law allows for fair use/fair dealing in the following situations:
Private use
Research or study
Criticism or review
News reporting
Educational purposes
Libraries and archives preservation
7. International Commitments
Vanuatu is party to:
Berne Convention
WIPO treaties including the WIPO Copyright Treaty (WCT)
TRIPS Agreement under the WTO framework
These treaties oblige Vanuatu to maintain certain international standards for copyright protection and enforcement.
Summary
Vanuatu’s Copyright and Related Rights Act 2000 provides comprehensive protection for a wide array of creative works for the life of the author plus 50 years. It includes both economic and moral rights, enforcement mechanisms, and fair use exceptions. The law is aligned with global copyright standards through Vanuatu’s membership in key international treaties.
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