Sections 8 to 16 of the Copyright and Neighbouring Rights Act 2000 permit certain acts without the owner’s authorisation. Section 8 is the broadest, and the most heavily qualified.
Section 8(1) — the private copying exception
Notwithstanding section 6(1)(a), and subject to subsection (2), the private reproduction of a published work in a single copy may be made without the authorization of the author or owner of copyright where the reproduction is made by a person exclusively for his own personal purposes.
Published. The work must be published — defined in section 2 as tangible copies made available to the public in a reasonable quantity, with the consent of the author or owner. Copying an unpublished manuscript, an unreleased recording or a private document is outside section 8.
A single copy. One. Not a set, not a backup as well, not one for each family member.
By a person. The copy must be made by the person who will use it. A person who has a copy shop, an employer or a friend make it for them is not within the words.
Exclusively for his own personal purposes. “Exclusively” and “own” are both restrictive. Copying for a colleague, for a class, for a church group or for a business is not personal. Copying for use in your own employment is, at best, doubtful — the purpose is the employer’s.
The exception operates only against section 6(1)(a) — the reproduction right. It does not permit distribution (s 6(1)(d)), public performance (s 6(1)(h)), broadcasting (s 6(1)(i)) or communication to the public (s 6(1)(j)).
So making one copy of a song for yourself may be within section 8; uploading it, sharing it, or playing it to a gathering outside the normal circle of a family and its closest social acquaintances is not.
Section 8(2) — the five exclusions
(a) of a work of architecture in the form of a building or other construction;
(b) in the form of reprography of the whole or a substantial part of a book, or of a musical work in the form of notation;
(c) of the whole or a substantial part of a database in digital form;
(d) of a computer program, except as provided in section 13 — a reference that in context is to the computer program provision in section 14;
(e) of any work in cases where reproduction would conflict with a normal exploitation of the work or would otherwise unreasonably prejudice the legitimate interests of the author or other owner of the copyright.
| Situation | Within section 8? | Why |
|---|---|---|
| Photocopying a chapter of a published book for your own reading | Probably yes | Not the whole or a substantial part — but para (b) bites if it is |
| Photocopying a whole textbook | No | Para (b) — reprography of the whole of a book |
| Photocopying sheet music to play at home | No | Para (b) — a musical work in the form of notation |
| Copying a song from your own CD to your phone | Likely yes | Single copy, published work, personal purposes — subject to para (e) |
| Downloading a film from an unauthorised site | No | Para (e) — conflicts with normal exploitation |
| Copying a friend’s software | No | Para (d) — computer programs are excluded; see s 14 |
| Exporting a substantial part of a subscription database | No | Para (c) |
| Building a house copied from an architect’s design | No | Para (a) — and note this is reproduction of the work in the form of a building |
| Photographing a building you see in the street | Outside para (a) | A photograph is not a reproduction in the form of a building or other construction |
Paragraph (e) — the catch-all
Section 8 does not apply where reproduction would conflict with a normal exploitation of the work, or would otherwise unreasonably prejudice the legitimate interests of the author or other owner.
This is the language of the international three-step test, familiar from the Berne Convention and TRIPS — and relevant here because section 32 gives treaties to which Papua New Guinea is party priority over the Act where they conflict.
The first limb asks whether the copying competes with the way the owner earns from the work. Copying a work instead of buying it, where copies are readily available for purchase, conflicts with normal exploitation.
The second is broader. Even where there is no direct substitution, copying that unreasonably prejudices legitimate interests is outside the exception.
Paragraph (e) therefore means section 8 cannot be read as a general licence to copy for oneself. It is a narrow allowance for genuinely private, non-substitutional use.
Where to look if section 8 does not apply
- Section 10 — a quotation of a short part of a published work, compatible with fair practice, with the source and author indicated.
- Section 11 — reproduction for teaching, by way of illustration, and for face-to-face teaching in non-commercial educational institutions.
- Section 12 — a single reprographic copy by a public institution to satisfy a request for study, scholarship or private research, or for preservation and replacement.
- Section 13 — reproduction and broadcasting for informatory purposes.
- Section 14 — a single copy or adaptation of a computer program by its lawful owner, for use or archiving.
- Section 9 — temporary reproductions incidental to a lawful digital transmission.
- Section 15 — importation of a copy for personal purposes.
And note the parallel provision for neighbouring rights: under section 25(d), the rights of performers, producers and broadcasters do not apply in cases where, under Part II, a work can be used without the authorisation of the author — so a use permitted by section 8 is equally permitted against those right holders.
Sources
- Copyright and Neighbouring Rights Act 2000 — ss 2, 6, 8–16, 25, 32
Before relying on anything here, read the current text of the Copyright and Neighbouring Rights Act 2000 and check for later amendments. If a decision matters to you, get advice — start with the Office of the Public Solicitor, or find a firm in the law firms directory.