TuvaluCopyright Ordinance, infringement penalties
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/tv/legis/consol_act/co186/In force since .
A copyright and text and data mining (TDM) rule binding public and private bodies.
- How the hook was established
- express
- What makes it apply
- User location
- Obligation class
- Prohibition
- Audit expectation
- none
What it requires
- Reproducing, distributing, publicly exhibiting, or importing a copy of a copyrighted work without the rights holder's consent risks liability under this Ordinance, which provides no exception for text-and-data-mining, research, or other automated reproduction.
- A first violation risks a fine per infringing copy reproduced, capped per transaction; a repeat violation risks imprisonment instead of the fine.
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.
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
Criminal exposure note
A second or subsequent offence under section 2 may be punished by imprisonment for two months instead of the fine.
Penalty structure
Section 2(1): $4 per infringing copy dealt with, capped at $100 for the same transaction. Section 2(2) (unauthorised plate-making, or unauthorised public performance for private profit) instead carries a flat $100 fine. Tuvalu's circulating currency is the Australian dollar; the Ordinance's own text states the amount only as '$'.
- Rule
- Per violation only
- As of
- Currency
- AUD
- Fixed cap
- 100
- Per violation unit
- Violation
- Per violation amount
- 4
What it makes you log
Logging duty
Section 2 makes dealing in infringing copies, and possessing a plate for making them, a criminal offence with fines and, for a repeat offence, two months' imprisonment. It imposes no duty to create, keep, produce or review a log or record. The section opens with the words 'If in Tuvalu', which tie the offence to an act done in Tuvalu.
- Kind
- None
- As of
What this law does
Section 2(1) makes it an offence for any person knowingly to make for sale or hire, sell, distribute, publicly exhibit, or import an infringing copy of a work in which copyright subsists, punishable by a fine of $4 per infringing copy dealt with, capped at $100 for the same transaction, or on a second or subsequent offence either that fine or imprisonment for two months.
Section 2(2) separately makes it an offence to knowingly make or possess a plate for producing infringing copies, or to cause a copyrighted work to be publicly performed for private profit without the owner's consent, punishable by a fine of $100 or, on a second offence, that fine or imprisonment for two months. Section 3 applies section 22 of the United Kingdom's Copyright Act 1956, restricting the importation of infringing printed copies, to importation into Tuvalu.
The Ordinance's own text provides no exception for quotation, fair dealing, or text-and-data-mining; the substantive scope of what is copyrightable rests on the extended United Kingdom Copyright Act 1911 that the Ordinance continues, which has not been located.
When LexLint raises it
When your app profile says your app crawls the web or trains models.
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