Fiji protects works whose author is a citizen or subject, domicile or resident, or body incorporated under the law of the country party to the treaty that Fiji is party to. 

A work qualifies for protection if it is first published in a member country of treaties that Fiji is party to and if it is first published outside Fiji and simultaneously published in Fiji within 30 days.

Qualifying foreign authors enjoy copyright protection in Fiji concerning performance rights and digital exploitation of their works.

Fiji protects the performance of a performer who is a citizen or subject of or a person domiciled or resident in a member country of a treaty that Fiji is party to and if a performance was given in Fiji. The Minister may by regulations apply protection to performers of any other country or place outside Fiji based on reciprocity. 

A performance qualifies for protection if it takes place in a member country of the Rome Convention. 

Fiji does not apply the criterion of fixation in respect of a phonogram under Paragraph 1(b) of the Rome Convention.

Sound recordings are protected as works therefore the same eligibility criteria as for works apply to sound recordings (phonograms).

Fiji has made a reservation to the Rome Convention declaring that it will not apply Article 12, i.e., single equitable remuneration for direct broadcasting or any communication to the public.

“National Treatment” refers to the assimilation of the treatment of foreign right holders to that of domestic right holders. It is a basic rule of most international conventions and mandates that foreign rights holders from contracting countries must receive the protection within any other contracting country as that country grants to its own nationals, ensuring equal rights under the scope of the relevant convention.

General national treatment obligations are set out in Article 5 of the Berne Convention and Article 2 of the Rome Convention, providing that the members of respective conventions must grant to each other’s nationals the rights provided in the convention. Berne Convention also extends the national treatment to “the rights which their respective laws do now or may hereafter grant to their nationals,” while Rome Convention members are not obliged to extend national treatment to the rights of performers and producers of phonograms which are accorded under their national law over and above the rights enshrined in the Rome Convention.

The criteria for eligibility for protection are provided in Article 3 of the Berne Convention and Articles 4 and 5 of the Rome Convention. With regards to national treatment of producers of phonograms, members of the Rome Convention may reserve the right not to apply either the criterion of fixation or that of publication of the phonogram.

As per WIPO, the total number of members to the key treaties above is as follows:

Berne Convention: 181 Members
Rome Convention: 98 Members
WIPO Copyright Treaty: 118 Members
WIPO Performances and Phonograms Treaty: 114 Members
TRIPS Agreement: 166 Members

This is a high-level overview concerning national treatment of music authors, performers and producers of phonograms; for comprehensive and detailed provisions, refer to the laws of each country. The overview:

1) details only the criteria applicable to foreign rights holders, without including the broader set of qualification rules for domestic protection that do not concern them,

2) is limited to performance rights and digital exploitation of recorded music, including works and other protected objects:

- “Performance rights” include radio and TV broadcasting, public performance, and communication to the public,

- “Digital exploitation” includes reproduction rights, distribution rights, communication to the public and making available rights.

The term "based on reciprocity" used in the overview for some countries means that Country A will protect the works of authors or other right holders who are nationals of Country B that is not a member of treaties Country A is a party to, and whose works or other protected objects were first published outside of Country A, only if Country B offer similar copyright protection to Country A’s authors or other rights holders and works and other protected objects respectively first published in Country A.

The term "treaty" in the overview includes conventions and international agreements.