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COPYRIGHTinfopackContentsIntroduction and Fundamentals1Other Copyright ProvisionsIntroductionBorder Enforcement MeasuresWorks Protected by CopyrightExceptions to Copyright InfringementLegislation Governing Copyright-Fair DealingAutomatic Protection-Other ExceptionsOverseas Protection for Copyright Works CreatedCircumvention of Technological MeasuresThe Symbol Rights Management Information (RMI)Proof of OriginalityCopyright and the InternetWhat is Not Protected by CopyrightLiability of Network Service Providers13Copyright and Computer ProgramsOwnership and Rights5Copyright and Registered DesignsSpecial Provisions for Educational InstitutionsOwnershipOwnership RightsTermSeeking Permission from Copyright OwnersCopyright TribunalANNEX A: Seeking PermissionFrom Collecting Societies to UseMaterial Protected by Copyright21ANNEX B: Collecting SocietiesInfringementRemediesCriminal OffencesThe information provided in this infopack is meant as a guide only and doesnot amount to legal advice. We recommend that you seek professional advice ifyou have specific legal questions.ISBN Number: 981-05-2971-6I

Copyright 2012 Intellectual Property Office of Singapore.You may download, view, print and reproduce this document without modifications, but only for non-commercial use. Allother rights are reserved. This document and its contents are made available on an "as is" basis, and all implied warrantiesare disclaimed. The contents of this document do not constitute, and should not be relied on as, legal advice. You shouldapproach a legal professional if you require legal advice.

1INTRODUCTION ANDFUNDAMENTALSIntellectual Property (IP) refers to the product of your mind or intellect. IP can be an invention orinnovation, special names and images used in trade, original designs or an expression of an idea. InSingapore, laws exist to protect such IP. This may be through a registration process such as patentgrants for inventions, trademark registration for signs used in trade, industrial design registration fordesigns applied to articles and grants of protection for plant varieties. Other forms of IP, that need notbe registered, but may be protected nonetheless, include copyright, geographical indications, layoutdesigns of integrated circuits, confidential information and trade secrets.IntroductionCopyright protects works like novels, computer programs, plays, sheet music and paintings. Generally, theauthor of a copyright work has the right to reproduce, publish, perform, communicate and adapt his work.These different exclusive rights form the bundle of rights that we call copyright. These rights enable acopyright owner to control the commercial exploitation of his work.Copyright is a form of property. It can be licensed or transferred, either as an entire bundle (all of thedistinct rights under copyright) or as a single, distinct right within the copyright bundle (e.g. only the rightto reproduce).For a work to be protected by copyright, it has to be original and expressed in a tangible form such as ina recording or in writing. Originality simply means that there is a degree of independent effort in thecreation of the work. It is not a question of whether the work has creative merit.Works Protected by CopyrightCopyright protects literary, dramatic, musical and artistic works. Other works like films, soundrecordings, broadcasts, cable programmes and published works are also protected. C o pyr i g h tac c or d e d t o such other works are often referred to as neighbouring or related rights. In this Infopack, “works” include literary, dramatic, musical and artistic works, as well as films,sound recordings, broadcasts, cable programmes and published editions. Copyright protects the expression of ideas, e.g. in words and illustrations. Ideas alone are notprotected. Please refer to What is Not Protected by Copyright on page 4.1

1 - INTRODUCTION AND FUNDAMENTALSThe following may be protected under the Copyright Act:Literary works such as Written works / Books Articles in journals ornewspapers Lyrics in songs Source codes of computerprogramsDramatic works such as Scripts for films & drama (as applied) Choreographic scripts for shows or dance routinesMusical works Music, i.e. melodyArtistic works such as Paintings Drawings Photographs Works of artisticcraftsmanship, e.g. designerfurniture that is not massproducedPublished editions ofliterary, dramatic,musical or artistic works Typographic arrangements of a published workSound recordings An aggregate of sounds recorded on tapes, CDs, etc.Films An aggregate of visual images and sounds recorded on tapes,video compact discs, digital versatile discs, etc.Television and radiobroadcasts Broadcasts by way of television or radio.Cable programmes Programmes (visual images and sound) included in a cableprogramme service sent by means of a telecommunicationsystemPerformances By performers such as musicians, singers and comedians Sculptures Engravings Buildings or models ofbuildingsLegislation Governing CopyrightThe Copyright Act (Cap. 63) and its subsidiary legislation form the legislation governing copyrightlaw in Singapore. View the Copyright Act (Cap. 63) online at http://statutes.agc.gov.sg and the IPOS websitehttp://www.ipos.gov.sg (Legislation).2

1 - INTRODUCTION AND FUNDAMENTALSAutomatic ProtectionIn Singapore, an author automatically enjoys copyright protection as soon as he creates andexpresses his work in a tangible form. There is no need to file for registration to get copyrightprotection.Overseas ProtectionSingaporeforCopyrightWorksCreatedinA copyright work created by a Singapore citizen or resident is protected in many countriesoverseas by virtue of international agreements. Generally, under these international agreements, thework of a Singapore citizen or resident would be protected in countries that signed the agreements asthough the work was made there. Some countries such as Canada and the United States of Americaprovide for registration to facilitate proof of copyright in infringement proceedings. The Berne Convention for the Protection of Literary and Artistic Works is a convention on copyrightprotection of literary and artistic works including films. It is administered by the World IntellectualProperty Organization (WIPO). A list of countries party to the Berne Convention may be found atthe WIPO website http://www.wipo.int.The Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreement) (1994) of theWorld Trade Organization (WTO) is an international agreement on intellectual property rights includingcopyright, patents, and trade marks. A list of member countries of the WTO may be found at the WTOwebsite at http://www.wto.org.The Symbol The use of the symbol is simply a notice of a claim by the copyright owner that copyright exists. Itdoes not give the copyright owner any substantive right and is therefore not crucial to the enjoyment ofcopyright protection.Conversely, the non-use of the symbol does not imply a waiver or loss of copyright. It may, however, bea relevant fact in infringement proceedings. If an infringing party claims that he did not know that thecopyright work was protected under copyright law, the Court may take that into account and awardlower damages. The use of the symbol would generally stop the infringing party from successfullyrelying on such an argument.In practice, the symbol is usually followed by the year when copies of the work were first madeavailable, and the name of the copyright owner, e.g. 2007 Intellectual Property Office of Singapore.Sometimes, near the symbol, there may be a statement indicating the terms of permitted use, e.g.“for Private Use Only”. Where the owner does not allow use, the term “All Rights Reserved” may befound after the symbol.3

1 - INTRODUCTION AND FUNDAMENTALSProof of OriginalityIn practice, authors have resorted to a number of means to preserve their interests. They may have: deposited a copy of their work with their solicitors or a depository; sent a copy of their work to themselves by post leaving the envelope unopened on its return so thatthe date stamp and the unopened work could establish the date of existence and the work as itexisted at the relevant time; or made a declaration stating the facts of ownership and the date of creation before a Commissioner ofOaths.These are, however, by no means foolproof methods of proving authorship as they do not prove that thework is original or created by the author. In a dispute, the Court will decide whether there is sufficientevidence to prove the authorship.In an action, it is presumed that copyright subsists in the work and that the plaintiff is the copyright ownerunless the defendant (alleged infringer) challenges that. If the defendant challenges in good faith whethercopyright subsists in the work or whether the plaintiff is the copyright owner, the plaintiff will have to filean affidavit with assertions of relevant facts to show that copyright subsists and that he is the copyrightowner.What is Not Protected by CopyrightSubject matter not protected by copyright includes: Ideas (e.g. a new business idea that has not been documented); Concepts (e.g. an idea for a new game show that has not been written down); Discoveries (e.g. a research finding that has not been known before); Procedures (e.g. the steps involved when applying for a travel visa); Methods (e.g. the unique solution to a mathematical problem); Subject matter that has not been made tangible in a recording or writing (e.g. a speech or adance that has not been written or recorded); and Subject matter which is not of original authorship (e.g. works which contain information in thepublic domain such as standards and the like).4

2OWNERSHIP AND RIGHTSOwnershipGenerally, the person who created the work (i.e. the author) owns the copyright in the work. However,there are exceptions to this general rule. Some exceptions are:Employment: If the work is created by an employee pursuant to the terms of his employment, the employerowns the copyright in the work. Special situation for newspaper/magazine/periodical employees:Where an employee of a newspaper, magazine or periodical creates a literary, dramatic or artistic workpursuant to the terms of his employment and for the purpose of publication in a newspaper, magazineor periodical, the proprietor of the newspaper, magazine or periodical owns the copyright in respect ofpublication in or reproduction for the purpose of publication in any newspaper, magazine or periodical.The employee owns the remaining rights that make up the copyright bundle of exclusive rights.Commissioning: If a portrait / photograph / engraving is commissioned by another party, the commissionerowns the copyright in the work. If the portrait / photograph / engraving is required for a particular purpose,this purpose must be told to the commissioned party. While the commissioner is the copyright owner,the commissioned party has the right to stop others from doing any act comprised in the copyright, unlesssuch act is done for the particular purpose for which the portrait/ photograph / engraving is created.For other types of commissioned works, ownership belongs to the commissioned party, unless thecommissioner and commissioned party otherwise agree.As mentioned in the introduction at page 1, the copyright owner may transfer his rights to anotherparty or entity either partially or wholly.5

2. OWNERSHIP AND RIGHTSOwnership RightsLiterary, dramatic andmusical worksAuthors enjoy the exclusive rights to reproduce the work; publish the work; perform the work in public; communicate the work to the public; and make an adaptation of the workArtistic worksArtists enjoy the exclusive right to reproduce the work; publish the work; and communicate the work to the publicPublished editions ofliterary, dramatic,musical or artistic worksThe publisher has the exclusive right to make a reproduction of theedition.Sound recordingsThe producer of a sound recording enjoys the exclusive rights to: make a copy of the sound recording; rent out the sound recording; publish the sound recording if it is unpublished; and make available to the public a sound recording by means or aspart of a digital audio transmission.** Where the sound recording is made available to the publicthrough a non-interactive digital audio transmission, theproducer of the recording need only be compensated by anequitable remuneration.FilmsThe producer of a film enjoys the exclusive rights to: make a copy of the film; cause the film to be seen in public; and communicate the broadcast to the public.Television and radiobroadcastsThe broadcaster enjoys the exclusive rights to: make a recording of the broadcast; rebroadcast; communicate the broadcast to the public; and cause the broadcast to be seen or heard by a paying audience.Cable programmesThe producer of the cable programme enjoys the exclusive rights to: make a recording of the cable programme; rebroadcast; communicate the cable programme to the public; and cause the cable programme to be seen or heard by a payingaudience.6

2. OWNERSHIP AND RIGHTSPerformancesThe performer has the right to authorise the following uses: allow the performance to be seen and heard, or seen or heard, livein public; make a direct or indirect sound recording of his live performance; make available a recording of the performance to the public insuch a way that the recording may be accessed by any person froma place and at a time chosen by him; distribute or sell or import for distribution or sale such recordings; publish a recording of a performance (if not previously published);and communicate the live performance to the public (includingbroadcast, Internet dissemination and inclusion of the performancein a cable programme). “Communicate” means to transmit by electronic means a work or other subject matter, whether or notit is sent