By Tupuola Terry Tavita

Parliament has passed amendments that will expand copyright laws to Parliament proceedings and broadcast media as well as all forms of original and traditional expression.

Though the amendments (to the  Copyright Act 1998) puts its foot down on the commercial reproduction of these expressions, there is now leeway for those who may use these expressions for the purpose of research and private study.

Now that Parliament (visually recorded) and judiciary proceedings recorded on tape, the law points out that the material can only be used for the purpose of media reporting and research enquiry.

Such material and any traditional and original expression, the law says, can be used, incidentally, in a public broadcast, a public demonstration or a non-commercial audio-visual work.

Non-the-less, the broadcaster of the said material is also protected by the law from the commercial exploitation of his work by a third party.

The amendment also sets out what constitutes an author and an original work pertaining to that author. It also repeals a Section 33 in the Principal Act “that automatically incorporates international copyright treaties and permits such treaties to prevail over the Principal Act where there is inconsistency”.

Trade minister Fonotoe Pierre Lauofo, who tabled the amendment bill, said the amendments is to reform the Copyright Act so that it is consistent with the Agreement on Trade-Related Aspects of International Property Rights 1994, or TRIPS.

“The TRIPS Agreement is one of the suite of  agreements to which Samoa will become a party of once it accedes to the World Trade Organisation (WTO),” said Fonotoe.

The Trade Minister also tabled before Parliament the 250-page Intellectual Property Bill 2011 to replace the Trademarks Act 1972 and Industrial Designs Act 1972. The Bill has been passed to a select Parliamentary committee for review and to conduct public consultation before it is returned to the House.

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Palemia Ugapo