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The Laws of Fiji
Last Updated: 19 July 2019

[COP 40] Incidental copying of copyright work40 

40
(1) Copyright in a work is not infringed by—
  • (a)the incidental copying of the work in an artistic work, a sound recording, an audio visual work, a broadcast or a cable programme;
  • (b)the issue to the public of copies of an artistic work, the playing of a sound recording, the showing of an audio visual work, the making of a broadcast or the inclusion of a cable programme in a cable programme service, in which a copyright work has been incidentally copied; or
  • (c)the issue to the public of copies of a sound recording, audio visual work, broadcast, or cable programme to which paragraph (a) or (b) applies.
(2) For the purposes of this subsection, a musical work, words spoken or sung with music, or so much of a sound recording, broadcast, or cable programme as includes a musical work or such words, is not to be regarded as incidentally copied in another work if the musical work or, as the case requires, such words of that sound recording, broadcast, or cable programme is deliberately copied.