Copyrights Law in Samoa
Here’s an overview of Copyright Law in Samoa:
Copyright Law in Samoa
1. Legal Framework
Samoa’s copyright law is primarily governed by the Copyright Act 2013 (which repealed earlier legislation), establishing the legal framework for protecting authors’ rights over creative works.
Samoa is a member of the Berne Convention for the Protection of Literary and Artistic Works and the WIPO Copyright Treaty, which guide its copyright standards.
2. Protected Works
Under the Copyright Act 2013, the following are protected:
Literary works (books, articles, computer programs)
Artistic works (paintings, drawings, sculptures, photographs)
Musical works (music and lyrics)
Dramatic works
Cinematographic films and audiovisual works
Sound recordings
Broadcasts
Published editions (typographical arrangements of published editions)
3. Rights Granted
Copyright owners in Samoa have the exclusive rights to:
Reproduce the work
Publish and distribute copies
Perform or display the work publicly
Make adaptations or translations
Broadcast or communicate the work to the public
Rent out copies (in certain cases)
4. Duration of Protection
For most works, copyright lasts for the life of the author plus 50 years after death.
For cinematographic films, sound recordings, broadcasts, and published editions, the protection generally lasts 50 years from the year of first publication or communication to the public.
5. Infringement and Enforcement
Unauthorized use of protected works is an infringement.
Remedies available include injunctions, damages, account of profits, and seizure of infringing copies.
Criminal penalties may apply for willful infringement, including fines and imprisonment.
6. Limitations and Exceptions
Samoa’s law includes exceptions such as:
Fair dealing for research, private study, criticism, review, and news reporting.
Use for educational purposes.
Libraries and archives may have limited rights to copy works for preservation.
Certain uses by persons with disabilities for access.
7. International Obligations
Samoa complies with:
Berne Convention
WIPO Copyright Treaty
TRIPS Agreement under the WTO framework
This means Samoa aligns its laws with international standards for copyright protection.
Summary
Samoa’s copyright law, under the Copyright Act 2013, protects a broad range of creative works for the life of the author plus 50 years, granting exclusive rights to creators with enforcement options against infringement. The law includes important exceptions for fair use, education, and preservation, and Samoa is compliant with major international copyright treaties.
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