Samoa

Baseline

Baseline · Effective 1990-01-01

?

Dates: Effective 1990-01-01

Why this score

Samoa (formerly Western Samoa) did not have a dedicated copyright statute in force on 1990-01-01. Prior to the Copyright Act 1998, copyright protection in Samoa was governed by inherited colonial-era provisions (New Zealand Copyright Act 1913 as applied to Western Samoa, and potentially the New Zealand Copyright Act 1962 by extension). I was unable to retrieve or verify the actual statutory text of any copyright law in force in Samoa on 1990-01-01 via web search. No official digital source provides the text of the pre-1998 copyright regime as applied in Samoa. Therefore, the baseline must be marked AMBIGUOUS with empty fields, and the first verifiable statutory text is the Copyright Act 1998.

Copyright Act 1998 (Act No. 25 of 1998)

Relevant update · Effective 1998-12-23

100%

Relevant section: Sections 7–9

Dates: Effective 1998-12-23 · Enacted 1998-12-23

Why this score

Section 7(1) of the Copyright Act 1998 provides a general fair dealing exception for 'research or private study' that does not infringe copyright. The term 'dealing' covers any exclusive right (not limited to reproduction), and the exception applies to any 'work' without restricting the category of works. There is no restriction on the class of user — it is open to any person, not limited to individuals acting privately or to institutions. The multi-factor test in s 7(2) is a proportionality qualifier (classification-neutral). Section 8 provides fair dealing for criticism/review and news reporting. Section 9 provides fair dealing for educational instruction. The most permissive exception for research purposes is s 7(1), which covers: (1) Uses — any dealing (all exclusive rights); (2) Works — any work; (3) Users — any user. This maps to GREEN. The non-commercial factor in s 7(2)(a) is merely one consideration in the fairness assessment, not a hard restriction, and in any event non-commercial restrictions are classification-neutral.

Exceptions considered

Original text

7. Fair dealing—(1) Fair dealing with a work for the purposes of research or private study does not infringe copyright in the work.
(2) In determining whether the dealing with a work is fair dealing under subsection (1), the matters to which regard shall be had include—
(a) the purpose and character of the dealing, including whether the dealing is of a commercial nature or is for non-profit educational purposes;
(b) the nature of the work;
(c) the amount and substantiality of the part dealt with, in relation to the whole work;
(d) the effect of the dealing upon the potential market for, or value of, the work;
(e) whether the work could have been obtained within a reasonable time at an ordinary commercial price.

8. Criticism, review and news reporting—(1) Fair dealing with a work for the purposes of criticism or review does not infringe copyright in the work if it is accompanied by a sufficient acknowledgement.
(2) Fair dealing with a work for the purposes of reporting current events by means of a newspaper, magazine or similar periodical does not infringe copyright in the work if it is accompanied by a sufficient acknowledgement.
(3) Fair dealing with a work for the purposes of reporting current events by means of broadcasting or a cable programme does not infringe copyright in the work.

9. Educational purposes—(1) Fair dealing with a work for the purposes of educational instruction does not infringe copyright in the work if the dealing is done by a person giving or receiving instruction.

English rendering

7. Fair dealing—(1) Fair dealing with a work for the purposes of research or private study does not infringe copyright in the work.
(2) In determining whether the dealing with a work is fair dealing under subsection (1), the matters to which regard shall be had include—
(a) the purpose and character of the dealing, including whether the dealing is of a commercial nature or is for non-profit educational purposes;
(b) the nature of the work;
(c) the amount and substantiality of the part dealt with, in relation to the whole work;
(d) the effect of the dealing upon the potential market for, or value of, the work;
(e) whether the work could have been obtained within a reasonable time at an ordinary commercial price.

Source links

• Official text ↗

Copyright Amendment Act 2011 (Act No. 10 of 2011)

Relevant update · Effective 2011-10-11

100%

Relevant section: Sections 7–9 (unchanged); amendments to other provisions

Dates: Effective 2011-10-11 · Enacted 2011-10-11

Why this score

The Copyright Amendment Act 2011 amended the Copyright Act 1998 primarily regarding enforcement provisions, moral rights, and related matters. The fair dealing exception for research or private study in Section 7 was not amended. The classification remains GREEN for the same reasons as the baseline 1998 Act: Section 7(1) provides fair dealing for research or private study, covering any dealing (all exclusive rights), any work, and any user.

Exceptions considered

Original text

7. Fair dealing—(1) Fair dealing with a work for the purposes of research or private study does not infringe copyright in the work.
(2) In determining whether the dealing with a work is fair dealing under subsection (1), the matters to which regard shall be had include—
(a) the purpose and character of the dealing, including whether the dealing is of a commercial nature or is for non-profit educational purposes;
(b) the nature of the work;
(c) the amount and substantiality of the part dealt with, in relation to the whole work;
(d) the effect of the dealing upon the potential market for, or value of, the work;
(e) whether the work could have been obtained within a reasonable time at an ordinary commercial price.

Source links

• Official text 1 ↗
• Official text 2 ↗

Copyright Act 1998 (Act No. 25 of 1998, as amended by Act No. 10 of 2011)

Current law confirmation · Effective 2025-01-01

100%

Relevant section: Section 7

Dates: Effective 2025-01-01

Why this score

As of 2025, the Copyright Act 1998 as amended by Act No. 10 of 2011 remains in force in Samoa. Section 7(1) provides a general fair dealing exception for research or private study. Analysis across three dimensions: (1) Uses — 'dealing' covers any exclusive right, including reproduction, communication, and distribution; (2) Works — applies to any 'work' without category restrictions; (3) Users — open to any person, not restricted to individuals or institutions. This maps to GREEN. One secondary source (lawgratis.com) references a 'Copyright Act 2013' but this could not be verified against any official source or WIPO Lex record. WIPO Lex, the most authoritative available source, lists the Copyright Act 1998 as amended by Act No. 10 of 2011 as the current law. The Intellectual Property Amendment Act 2018 (Act No. 16 of 2018) is recorded on WIPO Lex but appears to relate to industrial property (patents, trademarks, designs) rather than copyright. No TDM-specific exception exists. Classification-neutral factors (non-commercial consideration in s 7(2)(a), proportionality factors) were not factored into the color decision.

Exceptions considered

Original text

7. Fair dealing—(1) Fair dealing with a work for the purposes of research or private study does not infringe copyright in the work.
(2) In determining whether the dealing with a work is fair dealing under subsection (1), the matters to which regard shall be had include—
(a) the purpose and character of the dealing, including whether the dealing is of a commercial nature or is for non-profit educational purposes;
(b) the nature of the work;
(c) the amount and substantiality of the part dealt with, in relation to the whole work;
(d) the effect of the dealing upon the potential market for, or value of, the work;
(e) whether the work could have been obtained within a reasonable time at an ordinary commercial price.

Source links

• Official text ↗