The amendments to the Copyright Act, Cap. 63 ("the Act") enable Singapore to meet its copyright obligations under the Agreement on Trade-Related Aspects of Intellectual Property Rights ("TRIPS"). The amendments also affect other matters such as the defences that can be raised and the remedies in an infringement action. Some of the amendments are highlighted below.
In reading this article, the terms "works" and "other subject-matter" as used in the Act can be explained as follows: Original "works" in which copyright may subsist are literary, dramatic, musical and artistic works, and "other subject-matter" in which copyright may subsist are sound recordings, cinematograph films, television and sound broadcasts, cable programmes, and published editions of works.
TRIPS-related Amendments
TRIPS Article 11 - Rental Rights
Copyright protection for computer programs and sound recordings are expanded to include the exclusive right to enter into a commercial rental arrangement of the computer program or sound recording.
TRIPS Article 14 - Protection of Performers
These new provisions deal with performers' rights. A person cannot make a sound recording of, reproduce the sound recording of, or broadcast a performance without the authority of the performer. The right of a performer to bring an action under these provisions is not assignable.
The performer's rights do not cover "exempt recordings" as defined in the provisions. The list of "exempt recordings" includes sound recordings made for private and domestic use, for scientific research and for educational purposes, amongst others.
TRIPS Article 46 - Other Remedies
Previously, under the Act, the Court could only order the delivery up to the Plaintiff of infringing copies or articles designed to make copies of sound recordings or audio-visual productions only.
The Court may now order the delivery up to the Plaintiff of infringing copies or articles designed to make the copies of any copyright work or other subject-matter. The Court may additionally make an order for the items delivered up to be forfeited to the Plaintiff or destroyed or otherwise dealt with as the Court may deem fit.
TRIPS Part III Section 4 - Special Requirements Related to Border Measures
Two new divisions consisting of 18 new sections have been added to the Act dealing with the seizure of imported copyright materials.
A copyright owner can give the Customs Authorities ("Customs") a written notice objecting to the importation of copyright material. Customs is empowered to seize copies of such copyright materials imported for commercial purposes. However, the seized copies will be released to the importer if the copyright owner does not act to meet the conditions prescribed in the Act. There are also provisions allowing the importer to forfeit the seized copies to the Government.
The provisions also set out the powers of Customs to search the conveyance, persons and baggage, inspect documents, and examine and remove packages.
A notable exclusion is the fact that the copyright owner cannot object to, and Customs cannot seize, copyright materials which are in transit. "Goods in transit" is defined as goods which are imported, whether or not landed or transhipped within Singapore, which are to be carried to another country either by the same or another conveyance.
Defence of Research Widened
Previously, the defence of research was not available where the research was industrial research or where the research was carried out by any business entity (not being owned or controlled by the Government). This restriction has been removed and the defence of research is now available to persons undertaking research, whether or not commercial, so long as their dealing with the copyright work or other subject-matter is fair.
Defence of Copying of Works by Institutions Assisting Intellectually Handicapped Readers
Copyright is not infringed by the copying of works or the reproduction of a published edition of the works, under certain conditions, by institutions assisting the visually handicapped. This has now been expanded to include institutions which assist intellectually handicapped readers.
Offence of Making or Possessing Article for Copying Works or Other Subject-Matter
It is now an offence for a person to make or have in his possession any article specifically designed or adapted to make copies of a particular work or other subject-matter, which he knows or ought reasonably to know is to be used for making infringing copies of the work or other-subject matter. Previously, this offence was restricted to the making or possession of articles for making sound recordings or audio-visual productions only.
Documents Seizable
A Magistrate is now empowered to issue a warrant to the police to search and seize documents evidencing the commission of offences. Previously, under the Act, such documents could not be seized.
This article is intended to provide a general guide to the subject matter and should NOT be treated as legal advice. Specific legal advice should be sought by you about your particular case and special circumstances.
You may also wish to read through related material on Intellectual Property matters in Singapore provided by Donaldson & Burkinshaw. You can view the entire archive via the Internet on Mondaq Business Briefing (http://www.mondaq.com), or via your online provider by entering "Donaldson & Burkinshaw" and "Mondaq" as a free text search.
For further information/enquiries, please contact:
Mr TAN Bok Hoay / Mr Simon SEOW Donaldson & Burkinshaw 24 Raffles Place #15-00 Clifford Centre SINGAPORE 048621 Tel: (65) 533 9422 Fax: (65) 533 7806
