Law / Samoa

Copyright Act 1998, compilation-only protection of collections and databases

Copyright Act 1998, No. 25 (Samoa), s. 4(1)(b) (protection of collections and databases)

A citation is an address, not a summary. The first part names the law; what follows narrows it to the exact section, article or paragraph.

In force since 1 September 1998.

A database right rule binding private bodies.

As of 7 September 2026.

What it requires

  • Do not reproduce a collection of works or of data, including a database, whose selection, coordination, or arrangement is original, without the authorisation of the collection's author or other copyright owner, unless a specific exception such as quotation or news reporting applies.

If you get it wrong

Criminal exposureYes

Criminal exposure note

Section 27(1) makes wilful, for-profit infringement of a right protected under the Act, which includes the reproduction right in an original collection or database protected under section 4(1)(b), an offence punishable on conviction by a fine not exceeding 250 penalty units (WST $25,000) or imprisonment not exceeding 5 years, or both, doubled for a second or further infringement within 5 years of a previous conviction.

Penalty structure

Section 27(1) caps a first wilful, for-profit infringement of a right protected under the Act, including the section 4(1)(b) collection and database right, at a fine of 250 penalty units, or imprisonment up to 5 years, or both. Samoa fixes the penalty unit at WST $100 under section 4 of the Fines (Review and Amendment) Act 1998, so the cap is WST $25,000.

Rule
Fixed only
As of
7 September 2026
Currency
WST
Fixed cap
25,000

What it reaches

Obligation class

Access restriction

What this law does

Drafted with AI from the cited sources under the direction of UnGovr staff. UnGovr holds editorial responsibility for this page.

Section 4(1)(b) protects, as a derivative work, a collection of works and a collection of mere data, including a database, whether in machine-readable or other form, provided the collection is original by reason of the selection, coordination, or arrangement of its contents. Section 3(2) confirms that a work, and by extension a qualifying collection, is protected by the sole fact of its creation, irrespective of its mode or form of expression, content, quality, or purpose.

The protection under section 4(1)(b) attaches only where the collection is original by reason of the selection, coordination, or arrangement of its contents, so a scraper that extracts the underlying data without copying that original selection or arrangement is not reached by it.

When LexLint raises it

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Read the law

Text of the Copyright Act 1998, Samoa Consolidated Legislation 2020, PacLII, archived copy

archived copyRead from a public archive copy, not the publisher directly. The publisher does not serve this page to automated readers, so a direct fetch was not an option here; how we access sources. Archived December 17, 2024. Publisher's page: https://www.paclii.org/ws/legis/consol_act_2020/ca1998133.pdf

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