Amendments to the Copyright Act in SingaporeAAA IPRIGHT5
The Copyright Bill (the “Bill”) was introduced in Parliament on July 6, 2021.
The former Copyright Act will be repealed and replaced by the Bill. The Bill also aims at improving Singapore’s copyright law by introducing a number of new rights and exceptions.
A high-level overview of some of the proposed significant changes is provided below. This is not a complete list. The majority of the Bill’s provisions are scheduled to go into effect in November 2021 if it is passed.
1. Right of creators and performers to be identified
Creators and performers will need to be appropriately credited in a clear and visible manner for their work.
2. By default, the creators of certain works will be the first owners.
Even if they were commissioned to create those works, the creators of photos, portraits, engravings, sound recordings, and films will be the initial owners by default (unless otherwise stipulated in a contract).
3. New remuneration rights for sound recordings that are broadcast or performed publicly
Sound recording businesses will have a new authority to demand license fees for commercially published sound recordings that are broadcast or performed publicly.
Collective management organizations (CMOs) may be in charge of administering and collecting such license payments.
4. New exceptions to the permitted use of computational data analysis
If legitimately accessible, copyright works can be utilized for computational data analysis (e.g. sentiment analysis, text and data mining, or machine learning training) without gaining approval from each copyright owner.
5. Permission to utilize works for educational purposes has been extended.
Schools and students may utilize freely available internet materials for instructional purposes without the need to obtain permission from each copyright owner. This is allowed as long as the source is acknowledged and the access date is stated.
6. Expiration date for unpublished works protection
Literary, musical, dramatic, and artistic works’ copyright protection will end 70 years after the author’s death, whether the work is published or unpublished.
The copyright protection for anonymous or pseudonymous authorial works and films will expire 70 years after the work is created, after it is made available to the public, or after it is first published (as the case may be).
7. Reclassifying the “fair dealing” exception
The term “fair dealing” will be replaced with the more widely used “fair use” exception.
In addition, the requirement to demonstrate in all cases the possibility of obtaining a work within a reasonable time at an ordinary commercial price will be removed.
8. Exceptions that cannot be restricted by contracts
The current list of “permitted uses” exceptions that aren’t restricted by contract will be extended to include new exceptions, including computational data analysis (e.g. data mining).
In addition, all other exceptions may only be excluded or restricted by contract if:
- the contract is individually negotiated (i.e. not a standard form contract, such as an end-user licence agreement (EULA)); and
- the term is “fair and reasonable” having regard to the circumstances that are known to the parties when the contract is made.
The following are some practical suggestions:
First, if it is financially necessary or desirable to avoid identification, an organization can request that the author of a work waive his or her right to be identified. The waiver must be signed by the author in writing.
Second, if a company wants to own the copyright of a commissioned work, it should consider getting an assignment of the rights from the creator.
Organizations should review and, if necessary, modify their existing contracts (both standard form and individually negotiated contracts) to see if there are any conditions in those contracts that limit the use of any copyright exceptions.
Not every existing contract needs to be modified to remove such restrictive terms; nonetheless, a restrictive term is only likely to be opposed if it is sought to be enforced, and the organization may not want to enforce such a term. Organizations may, however, consider changing certain contractual terms to reflect the changes that the Bill will bring.
– You could visit here to see Procedure of Singapore Trademark Registration.
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