Pianist, song writer, and singer Tupuivao Bernard Scanlan believes it’s time for American Samoa to have a copyright law. He’s currently circulating a petition to support a copyright bill, which he hopes will be introduced in the Fono in its upcoming session.
Why a copyright law? Tupuivao says, “It’s to recognize and protect the written and recorded work of our local songwriters and artists. 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.”
He adds, “Thus far, we have no local laws that help our local music artists from unlawful reproduction of their work.”
Tupuivao, the son of the late Mulipola Herbert and Tiumalu Sia Scanlan, has been associated with music since he was 12 years old.
He is one of the islands top keyboard players, has been a music teacher at Faasao Marist and South Pacific Academy, and has also been the choir director of the International Choir at the Fagatogo Catholic Parish for 40 years.
He was also a recording engineer and back up musician for his late brother, Aliimau Jr. Scanlan’s recording studio in Fagatogo.
Tupuivao has witnessed and experienced the theft of original compositions.
“It is common practice for some recording artists on their CD covers to print that all songs were written by them, when in fact the original artists know they did not write the music. Many storeowners have music that is pre-recorded and sold under the person who recorded it, but no credit is given to the original owner or artist who wrote the song.”
He says, he knows 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 that they own it.”
Many years ago, Tupuivao took a business trip to sell his CDs in Hawaii. When he got to the Honolulu swap meet, someone was selling his CDs. He reported the unauthorized reproduction of his music to the FBI Hawaii Office but was told they could not pursue the complaint because he is based in American Samoa “an unincorporated territory.”
He was advised to talk to the Fono to pass a copyright law.
Tupuivao said, he contacted his Faipule but no action was taken.
Now, he has the ear of his current Faipule, Vailiuama Steve Leasiolagi, who has started the ball rolling on draft legislation. Rep. Andra Samoa is also in support.
The petition Tupuivao is circulating now, is to support the introduction of the American Samoa Copyright Bill. Tupuivao can be reached at 254-3665.
