LAWS OF TUVALU
2008 Revised Edition

CAP. 40.24

COPYRIGHT ACT

AN ACT RELATING TO COPYRIGHT

Commencement [13th June 1917] 
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1 	Short title 

This Act may be cited as the Copyright Act. 

2 	Penalties for dealing with infringing copies, etc. 

(1) 	If in Tuvalu any person knowingly — 

(a) 	makes for sale or hire any infringing copy of a work in which copyright subsists; or 

(b) 	sells or lets for hire, or by way of trade exposes or offers for sale or hire any infringing copy of any such work; or 

(c) 	distributes infringing copies of any such work either for the purposes of trade or to such an extent as to affect prejudicially the owner of the copyright; or 

(d) 	by way of trade exhibits in public any infringing copy of any such work; or 

(e) 	imports for sale or hire any infringing copy of any such work; 

he shall be liable to a fine of $4 for every copy dealt with in contravention of this section, but not exceeding $100 in respect of the same transaction; or in the case of a second or subsequent offence either to such fine or to imprisonment for 2 months. 

(2) 	If any person knowingly makes, or has in his possession, any plate for the purpose of making infringing copies of any work in which copyright subsists, or knowingly and for his private profit causes any such work to be performed in public without the consent of the owner of the copyright, he shall be liable to a fine of $100 or in the case of a second offence either to such fine or to imprisonment for 2 months. 

(3) 	The court before which any such proceedings are taken may, whether the alleged offender is convicted or not, order that all copies of the work or all plates in the possession of the alleged offender, which appear to it to be infringing copies, be destroyed or delivered up to the owner of the copyright or otherwise dealt with as the court may think fit. 

3 Application of section 22 of the Copyright Act 1956 

For the purpose of the application of section 22 of the Copyright Act 1956 to the importation into Tuvalu of works made out of Tuvalu — 

(1) 	The Minister shall perform the duties and may exercise the powers thereby imposed on or given to the Commissioners of Customs and Excise of the United Kingdom. 

(2) 	Regulations made under that section may provide that notices given to the said Commissioners if communicated by them to the Minister shall be deemed to have been given by the owner of the copyright to the Minister. 

(3) 	That section shall have effect as if it formed part of the Customs Act.