# Local musician petitioning for a copyright law to protect songwriters

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Local musician petitioning for a copyright law to protect songwriters
It would protect their original written and recorded work
By Samoa News staff
reporters@samoanews.com
Pago Pago, AMERICAN SAMOA — Veteran local musician and well-known singer, Tupuivao Bernard M. Scanlan, has launched a petition seeking the public’s support for a proposed copyright law to protect original work of local musicians, as there is no local law in the territory.
And so far, Tupuivao has garnered the support of Reps. Vailiuama Steve Leasiolagi and Andra Samoa.
Tupuivao’s June 1 letter-petition circulating in the community seeks support for proposed legislation — “American Samoa Copyright Bill” — to be introduced in the Fono to established local law that would recognize and protect the written and recorded work of local songwriters.
“It is their lawful right to be the owner of their original creative work and they should be able to have a way to protect their work from unlawful reproduction and unauthorized sales and theft of their original work,” Tupuivao explained, noting that there are no local laws to protect music artists from unlawful reproduction of their work.
Tupuivao noted in the petition letter that it’s common practice for some recording artists on their CD covers to print “All songs written by them”, but the original artist knows they did not write the music.
And many storeowners have music that is pre-recorded and sold under the name of the person who recorded it, but the recognition does not go to the original creator of the song.
“I know a lot of talented songwriters that refuse to release their work because somebody else is going to benefit from it and worst they will claim they wrote it,” he explained. “In addition, there are Samoan communities overseas; they have stores that cater to them. When you get to these stories with your CD, they already have it and have been selling it.”
Tupuivao said he personally experienced this predicament and thinking that the U.S already has a copyright law — he reported it to the Hawaii field office of the U.S Federal Bureau of Investigation. However, he was informed by the FBI that they could not pursue the claim because Tupuivao is based in American Samoa which is an unincorporated territory and he should petition the territorial Legislature to pass a copyright law.
Tupuivao said he returned home and pursued the issue during the time of the late Gov. Tauese P.F. Sunia and also spoke to local faipule but nothing was done to address his concern.
“I have my own original music that I want to release, but am reluctant to do it. I am sure that there are many good songwriters locally but will not release their originals because of the lack of lawful protection for their work,” he said.
And through the petition Tupuivao is seeking help and support from the public for the American Samoa Copyright Bill to be introduced in the Fono. And he is also urging the community to talk to their lawmakers about such a proposal.
The Legislature is currently in recess and returns on July 11 for the 4th session of the 37th Legislature.
Tupuivao has been associated with music since the age of 12 and is retired after 40-plus years working in the private sector. He served as the choir director for the Fagatogo Catholic Church — namely the International Community, according to the petition.
He has also been a music teacher at both Fa’asao Marist High School and South Pacific Academy.
For more information about his petition Tupuivao can be reached at 254-3665.
This work is in the public domain in the United States because American Samoa does not have any copyright laws, the copyright law of the United States only applies to works created by American Samoans in the United States, and the work is not registered for copyright protection in the United States. See COM:American Samoa.
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