Traditional Knowledge Laws: Samoa

Subject Matter of Protection

Section 2 - Interpretation

"expression of folklore" means a group-oriented and tradition-based creation of groups or individuals reflecting the expectation of the community as an adequate expression of its cultural and social identity, its standards and values as transmitted orally, by imitation or by other means, including –
(a) Folktales, folk poetry, and folk riddles;
(b) Folk songs and instrumental folk music;
(c) Folk dances and folk plays;
(d) Production of folk arts in particular, drawings, paintings, carvings, sculptures, pottery, terra-cotta, mosaic, woodwork, metalware, jewelry, handicrafts, costumes, and indigenous textiles.

Section 3 - Works protected

(1) Literary and artistic works (herein-after referred to as "works") are original intellectual creations in the literary and artistic domain, including in particular –
      (a) Books, pamphlets, articles, computer programs and other writings;
      (b) Speeches, lectures, addresses, sermons and other oral works;
      (c) Dramatic, dramatico-musical works, pantomimes, choreographic works and other works created for stage productions;
      (d) Stage productions of works mentioned in the previous item and of expressions of   folklore   that are apt for such productions.

Scope of Protection

Section 29 - Rights Protected

(1) Expressions of folklore are protected against –
      (a) Reproduction;
      (b) Communication to the public by performance, broadcasting, distribution by cable or other means; and
      (c) Adaptation, translation and other transformation, when such expressions are made either for commercial purposes or outside their traditional or customary context.

In all printed publications, and in connection with any communication to the public of any identifiable expression of folklore, its source shall be indicated in an appropriate manner and in conformity with fair practice, by mentioning the community or place from where the expression utilized has been derived.

Exceptions and Limitations

Section 29 - Rights Protected

(2) Subsection (1) of this section shall not apply where the acts referred to therein are related to –
      (a) The use by a physical person exclusively for his or her own personal purposes;
      (b) Using short excerpts for reporting current events to the extent justified by the purpose of providing current information;
      (c) Use solely for the purpose of face to face teaching or for scientific research;
      (d) Cases where under Part I, a work can be used without the authorization of the author or other owner of copyright.