Notes
Outline
Copyright Licensing in Singapore
Presentation by
Mr Edmund Lam
General Manager
Composers and Authors Society Singapore (COMPASS)
10 April 2001
Materials Protected by Copyright
original literary works
original dramatic works
original artistic works
original musical works
sound recording
cinematograph films
broadcasts
cable programmes
typographic format of published editions of works
Duration of Copyright
Authors’ Works - life of author + 50 years
sound recordings - 50 years after first publication
cinematograph films - 50 years after first publication
broadcast/ cable programmes - 50 years after first broadcast or cable transmission
published editions of works- 25 years after first published
Protection of Foreign Copyright Materials
TRIPS - WTO’s multilateral agreement on Trade Related Aspects of Intellectual Property Rights (1994)
Berne Convention for Protection of Literary and Artistic Works (Sept 21, 1998)
What is Copyright ?
Copyright of an original Work means the right to do the following things:
Reproduce the Work in a material form, for example on a CD, tape, film
Publish the Work
Perform the Work in public
Broadcast the Work
Transmit the Work through cable
Adapt the Work
Substantiality
How much must be copied before there is infringement ?
not necessarily the whole work or subject matter
substantial part of the work.
whether the part taken is the essence of the work or subject matter
the nature of the protected material
the degree of labour, skill and effort of creation which has been appropriated by the defendant
Sound Recordings
Two exclusive rights given to the copyright owner of a sound recording:
the right to make a copy of the sound recording
the right to rent out on commercial terms (new section 25A, Copyright <Amendment> Act 1998 )
Cinematograph Films
Exclusive rights of owners include:
the right to make a copy of the film
the right to cause the film to be seen in public
the right to broadcast the film
the right to include the film in a cable programme
Broadcasts/ Cable Programmes
to make a cinematograph film of the broadcast
to make a sound recording of the broadcast or a copy of such a recording
in the case of TV broadcast, to cause it to be seen or heard before a paying audience
to rebroadcast it or to include it in a cable programme
Published Editions of Work
the right to make, by means that include a photographic process, a reproduction of the edition
Performers’ Protection
Newly instituted in Copyright (Amendment) Act 1998
section 252 gives the following exclusive rights to a performer
to make a direct recording of the performance
broadcasts live the performance
makes a copy of a recording of the performance
causes the performance to be seen and heard, or seen or heard, live in public
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Copyright-Related Associations
Composers & Authors Society of Singapore (COMPASS): music copyrights
Singapore Phonogram & Video Association (SPVA): sound recording rights
Motion Pictures Association : cinematograph film rights
CLASS : literary rights
Business Software Alliance: computer softwares
Scope of Copyright Licence
Type of usage (eg reproduction, synchronisation)
quantity (how many copies ?)
geographical scope (within Singapore, regional or the  world ?)
medium of exploitation ? (retail sales, broadcasting, advertising, Internet)
exploitation period ?
Non-transferable licence ?