Papua New GuineaCopyright and Neighbouring Rights Act 2000, Exceptions to Copyright and Enforcement
Copyright and Neighbouring Rights Act 2000 (PNG), No. 21 of 2000, ss. 5, 8, 10, 14, 27-28
archived copy
Read from a public archive copy, not the publisher directly. The publisher does not serve this page to automated readers, so a direct fetch was not an option here; how we access sources. Archived . Publisher's page: http://www.paclii.org/pg/legis/consol_act/canra2000341/In force.
A copyright and text and data mining (TDM) rule binding public and private bodies.
- Obligation class
- Attribution, Prohibition
- Audit expectation
- none
What it requires
- Do not reproduce, adapt, or otherwise use a substantial part of a protected literary or artistic work, including text from a published article, beyond what the private-use, quotation, teaching, reprographic, or informatory-purposes exceptions in this Act allow, without the author's or copyright owner's authorization.
- A short quotation of a published work is permitted only where the reproduction is compatible with fair practice, does not exceed the extent justified by the purpose, and is accompanied by an indication of the source and, where it appears in the work, the author's name.
- Reproducing or adapting a computer program without authorization is permitted only when done by the lawful owner of a copy and only to the extent necessary for its use, backup, or error correction; no exception in this Act permits automated bulk reproduction of published works to train a model.
- Do not reproduce a substantial part of a database in digital form under the private-use exception; reproducing a database beyond what another exception allows requires the rightholder's authorization.
- Wilful or grossly negligent infringement carried out for profit-making purposes is a criminal offence carrying up to ten years' imprisonment, a fine of up to K100,000, or both, in addition to civil remedies available to the rightholder.
These lines are LexLint's reading of the law's text.
In the frameworks
- NIST AI RMF
- MAP 4.1Approaches for mapping AI technology and legal risks of its components – including the use of third-party data or software – are in place, followed, and documented, as are risks of infringement of a third party’s intellectual property or other rights.
- NIST AI 600-1
- GAI-RISK-10Intellectual Property
- MIT mitigations Draft
- 3.2Data Governance
- FINOS AIGF
- AIR-PREV-007Legal and Contractual Frameworks for AI Systems
- AIR-DET-013Providing Citations and Source Traceability for AI-Generated Information
Our reading of where this law's duties sit in each framework. It never says that running a control meets the law. How we read a framework against the law
If you get it wrong
Criminal exposureYes
Private right of actionYes
Criminal exposure note
Section 28: wilful or grossly negligent infringement of a right protected under the Act, carried out for profit-making purposes, is an offence carrying imprisonment for a term not exceeding ten years or a fine not exceeding K100,000, or both.
Penalty structure
Section 28 criminal sanction for wilful or grossly negligent infringement carried out for profit-making purposes: imprisonment for up to ten years, a fine of up to K100,000, or both. Section 26(8) separately allows a fine of up to K100,000 against a person who continues an act of infringement contrary to a court order to cease it, in addition to any other penalty the Court is empowered to impose.
- Rule
- Fixed only
- As of
- Currency
- PGK
- Fixed cap
- 100,000
Who enforces it
Enforcement body
Civil enforcement by the rightholder in the National Court under section 27; criminal prosecution under section 28
Settledness
- As of
- Open questions
- Has the Head of State, acting on the Minister's advice, published the National Gazette notice on which the long title makes the Act's coming into operation depend?
- Does "a short part of a published work" in section 10, copied "in the form of quotation", allow the bulk copying of many published works to train a model?
What it makes you log
Logging duty
The cited exceptions (private reproduction, temporary reproduction, quotation, teaching, reprography by public institutions, informatory uses) are conditions on copying and carry no duty to create, keep or produce a log or record. The temporary-reproduction exception requires automatic deletion of the copy, which limits a copy of a work rather than a log, and there is no text-and-data-mining exception. Section 5(3) ties protection to the author's or the work's connection with Papua New Guinea, which describes which works are protected and names no hook for the user's conduct.
- Kind
- None
- As of
What this law does
Section 5 excludes from protection any idea, procedure, system, method of operation, concept, principle, discovery, or official legislative, administrative, or legal text. Section 8 permits a private reproduction of a published work in a single copy without authorization where made exclusively for personal purposes, but expressly excludes a substantial part of a database in digital form and a computer program from that privilege.
Section 10 permits reproducing a short part of a published work in the form of quotation without authorization where the reproduction is compatible with fair practice, does not exceed the extent justified by the purpose, and is accompanied by an indication of the source and, where it appears in the work, the author's name.
Section 14 permits the lawful owner of a copy of a computer program to reproduce or adapt it in a single copy without authorization only to the extent necessary for its use with a computer for the purpose for which it was obtained. No section creates a text-and-data-mining exception.
Section 28 makes wilful or grossly negligent infringement for profit-making purposes a criminal offence, and section 27 gives the rightholder civil remedies including an order to cease a continuing infringement, breach of which is itself a further offence. No National Gazette notice bringing the Act into operation has been located.
When LexLint raises it
When your app profile says your app crawls the web or trains models.
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