The Companies (Amendment) Act 2014 (the “Amendment Act”) was gazetted on 1 December 2014. An Act to amend the Copyright Act (Chapter 63 of the 1999 Revised Edition). Prior to 2016, post-grant amendment practice before the Intellectual Property Office of Singapore appeared relatively straightforward. It becomes an Act of Parliament after it has been passed by Parliament and received the President’s assent. The Copyright Act is On 6 July 2021, the Copyright Bill (the “Bill”) was tabled in Parliament. (2) Column 3 of the table contains additional information that is not part of this Act. However, Singapore is a signatory to the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS), an international treaty that governs intellectual property rights globally. As a result, any copyright created in Singapore is also protected in countries that are signatories to TRIPS. (5) For the purposes of this section and sections 39B and 39C, a person is a lawful user of a computer program if he has a right to use the computer program, whether under a licence to do any act restricted by the copyright in the computer program or otherwise. For a start, the reforms will involve restructuring all existing provisions of the Copyright Act and recasting them in plain English. shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 2 years; and. —(1) The Minister may make regulations prescribing anything required or authorised to be prescribed under sections 252A to 252CD. amount to causing visual images to be seen or sounds to be heard. Copyright © 2021 Government of Singapore. but excludes such technology, device or component as the Minister may prescribe. This article highlights in particular, the key changes in relation to corporate governance and administration. that subsection does not apply to the communication, by or on behalf of that person, of any other part of that work within 14 days after the day on which the previous communication was made. Written on 3 Sep 2020. The general “fair dealing” exception will be changed to the more commonly used “fair use” term. in relation to a lecture, an address, a speech or a sermon, be read as including a reference to delivery. but does not include an institution that is conducted for the profit, direct or indirect, of an individual or individuals; “electronic copy”, in relation to any work or other subject-matter, means a copy of the work or subject-matter in an electronic form; by inserting, immediately after the definition of “prospective owner” in subsection (1), the following definition: by inserting, immediately after the definition of “regulations” in subsection (1), the following definition: by inserting, immediately after the definition of “sculpture” in subsection (1), the following definition: 10% of the total number of bytes in that edition; or, 10% of the total number of words in that edition or, where it is not practicable to use the total number of words as a measure, 10% of the contents of that edition; or, in a case where the work is divided into chapters, exceeds, in the aggregate —. We have set out below a high-level summary of … Found inside – Page 17By restructuring the Act and rewriting it in plain English, ... Beyond these stylistic amendments, Singapore's copyright review also proposes substantive ... However, the organisation should note that if the person relying on the exception (e.g. to which the rights management information relates, distributes, imports for distribution, communicates or makes available to the public copies of a work or other subject-matter or a recording of a performance in respect of which the rights management information has been removed or altered without the consent of —, the owner or exclusive licensee of the copyright in the work or subject matter; or, does so knowing that the rights management information has been removed or altered without the consent of the owner or exclusive licensee of the copyright or the performer; and, knows or ought reasonably to know that the distribution, importation, communication or making available to the public of the copies of the work or subject-matter or the recording of the performance will induce, enable, facilitate or conceal —. In this regard, the proposed amendments seek to enhance creators’ rights and users’ access to copyrighted works. referred to in section 193B(2), 193C (2) or 193D (2) or (4); or. It is now clear that anyone that intends to use a work protected under the law must be authorized by the copyright holder copyright. “performance” means a performance in respect of which the protection period under Part XII has not expired; “work” means a work in which copyright subsists under this Act. 2019 Contributor(s) and Singapore Academy of Law. Singapore’s Ministry of Finance (MOF) is proposing amendments to the Goods and Services Tax (GST) Act. Joinder of owner or exclusive licensee as party, —(1) Notwithstanding section 140B(4), any authorised officer may —, Application to Tribunal for determination of remuneration payable for making available to public sound recording by means of digital audio transmission. (2) If information is given upon oath to a court that there is reasonable cause for suspecting that there is in any premises any article or document which is evidence that an offence under section 261C(4) or (5) has been committed, the court may issue, either unconditionally or subject to such conditions as the court thinks fit, a warrant authorising a police officer to enter and search the premises for the articles and documents which are specified in the warrant, whether specifically or in any general category, and to seize any such articles and documents found at the premises. and “decompile” shall be construed accordingly. by inserting, immediately after the words “the making of copies” in subsections (1) and (2), the words “, or the communication,”; by inserting, immediately after subsection (7), the following subsections: by inserting, immediately after the words “by or on behalf of” in subsection (9), the words “the body administering”; by inserting, immediately after subsection (11), the following subsections: the whole or a part of a work, other than an article in a periodical publication, is communicated as provided in subsection (2) —, by or on behalf of the body administering an educational institution for the educational purposes of an educational institution; and, to persons undertaking a correspondence course, or an external study course, provided by the educational institution, otherwise than as a part of the lecture notes prepared in connection with that course; and. the transmission or routing by the network service provider of, or the provision of connections by the network service provider for, an electronic copy of the material through the network service provider’s primary network; or. a financial benefit is to be regarded as directly attributable to the infringing activity only if the network service provider knew or ought reasonably to have known at the time of the receipt of the benefit that an infringement of copyright was involved. The measures contained in the Amendments provide a new avenue for copyright owners and exclusive licensees to block access to copyrighted content by applying under the new section 193DDA (read with sections 193DDB and 193 DDC) for an “Order to disable access in the case of copies that are goods in transit and that are consigned to a person with a presence in Singapore, as a reference to the import, importation or export, of the copies by the consignee; any reference to infringement action shall be read as a reference to an action for the infringement of the copyright in the copyright material under subsection (3)(. a paywall). Significant Infrastructure Government Loan Act 2021 (No. prescribe other conditions which a network service provider must comply with in order to benefit from the provisions in section 252A to 252CD. and “communication” shall have a corresponding meaning; by inserting, immediately after the definition of “Copyright Tribunal” or “Tribunal” in subsection (1), the following definition: by deleting the definition of “educational institution” in subsection (1) and substituting the following definitions: a school or similar institution at which one or more of the following is provided: such other full-time education as may be prescribed by regulations made under this Act; a junior college, a university, a college of advanced education or a technical and further education institution; an institution that conducts courses of primary, secondary, pre-university or tertiary education by correspondence or on an external study basis; an undertaking within a hospital, being an undertaking that conducts courses of study or training in —. The Bill notes in its purpose to “amend the Penal Code and certain other Acts, to update the criminal offences, keep up with technological changes and emerging crime trends, enhance protection for minors and vulnerable victims, harmonise the criminal laws and update the sentencing framework.” 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. Found inside – Page 416Principles, Law, and Practice Paul Goldstein, P. Bernt Hugenholtz ... 141, 177–78, 342–43, 375 Copyright Act (Singapore), 111 Copyright Act (Spain), 252–53, ... as soon as practicable after the electronic copy is communicated to the person, the electronic copy made in accordance with subsection (2) and held by the library or archives is destroyed. On April 15, 2015, the Accounting and Corporate Regulatory Authority of Singapore ("ACRA") announced that the amendments will be implemented in two phases: the first on July 1, 2015, and the second in the first quarter of 2016. We have set out below a high-level summary of some of the proposed key changes. Further, the Bill aims to strengthen the Singapore copyright regime and will introduce several new rights and exceptions. is performed primarily for the purpose of circumventing the technological measure. 25 January 2018. (2) For the avoidance of doubt, it may be necessary for the lawful use of a computer program to copy or adapt the computer program for the purpose of correcting errors in the computer program. This is a substantial undertaking. the storage, at the direction of a user of the network service provider’s primary network, of an electronic copy of the material on the primary network, if the network service provider satisfies the conditions referred to in subsection (2); or, the network service provider referring or linking a user of any network to an online location on a network (referred to in this section as the originating network), being a location at which an electronic copy of the material is made available, by the use of —, an information location tool such as a hyperlink or directory; or. (2) In addition to the relief referred to in subsection (1), the court may order that any article —, by means of which, or in relation to which, the act giving rise to the contravention of subsection 261C(1) was or is being carried out; and. On September 1, 2020, Singapore's Ministry of Law introduced an International Arbitration (Amendment) Bill (the "Bill") that proposes two changes to the International Arbitration Act ("IAA"), which governs the conduct of international arbitrations seated in Singapore. The consultation period for the public consultation ends on 17 August 2020. Found inside – Page 25INDIAN COPYRIGHT ACT customs ( + ) The Custom Officer shall release the goods ... While the amendment to the existing rovision is certainly in - line with ... any transient storage by the network service provider of an electronic copy of the material in the course of such transmission, routing or provision of connections. access to the cached copy of the material by users of the primary network or another network; the refreshing, reloading or updating of the cached copy of the material; and. Found inside – Page 599GOVERNMENT PROCUREMENT Singapore has been a signatory to the WTO Government ... and further amendments to the Copyright Act went into effect in August 2005. —(1) Subject to subsections (2) and (3), where the broadcasting by a person of a literary, dramatic or musical work, or of an adaptation of such a work, would not for any reason constitute an infringement of the copyright in the work, but the making by the person of a sound recording or a cinematograph film of the work or adaptation would, apart from this subsection, constitute such an infringement, the copyright in the work is not infringed by the person making the recording or film solely for the purpose of simulcasting the work or adaptation in digital form. —(1) Sections 140A to 141 shall apply, with the necessary modifications, to copies of an unauthorised recording of a performance as those provisions apply in relation to copies of copyright material. Found inside – Page 73Protection of U.S. Intellectual Property Singapore has enacted a series of laws and amendments to existing provisions with the aim of rendering its IPR ... internet copyright — singapore: copyright protection in cyberspace: recent amendments to the copyright act 1987 in singapore Author links open overlay panel Susanna H.S Leong LL.B (N.U.S), LL.M (London) ( Assistant Professor ) The new laws also allow a person to be an organ or tissue donor if they die in an automobile accident or are certified to be brain dead. (3) The detained copies of copyright material shall be released to the importer, exporter or consignee, as the case may be, of the copies, unless, within the prescribed period, the owner of the copyright in the copyright material —, in the case of copies that are imported into Singapore and that are not goods in transit —. a licensee thereof having the power to give such a notice; stating that copies of the copyright material which are infringing copies are expected to be imported; to identify the copies of the copyright material; to enable the Director-General to ascertain the time when and place where the copies are expected to be imported; and, to satisfy the Director-General that the copies are infringing copies; and. In addition, all other exceptions may only be excluded or restricted by contract if: We have the following practical pointers to make: If you would like to discuss the practical implication of the Copyright Bill, please contact Thomas Choo or Zhen Guang Lam. This is provided that the source is acknowledged, and the date of access is cited. by deleting the words “private study” wherever they appear in subsection (3) and substituting in each case the word “study”; and. Currently, copyright holders can request ISPs to block infringing content on a case-by-case take down notice. a copy of a work or other subject-matter or a recording of a performance in respect of which the rights management information has been altered or removed without the consent of the owner or exclusive licensee of the work or other subject-matter or the performer of the performance, as the case may be; or. (10) This section does not affect the import or sale of a device that does not render effective a technological measure whose sole purpose is to control market segmentation for access to cinematograph films, if the import or sale of the device does not otherwise contravene any written law including this Act. sentiment analysis, text and data mining, or training machine learning), without needing to seek each copyright owner’s permission. (4) Notwithstanding anything to the contrary in any law (written or otherwise), a network service provider shall not be subject to any liability under any rule of law in respect of any action taken in good faith in relation to —, the restoration of an electronic copy of any material to his primary network; or. is promoted, advertised or marketed for the purpose of circumventing the technological measure; has only a limited commercially significant purpose or use other than to circumvent the technological measure; or. the action, insofar as it is brought under section 119, relates, in whole or in part, to an infringement in respect of which the owner and the licensee have concurrent rights of action under that section. for the purpose of ascertaining whether the intended broadcast complies with, or the broadcast contravenes, the provisions of any written law administered by that statutory authority. Found inside – Page 67It has enacted a series of laws and amendments to existing provisions with the aim ... Singapore is also a signatory to three other international copyright ... by inserting, immediately after subsection (1A), the following subsection: by deleting the words “Subsections (1) and (1A)” in subsection (2) and substituting the words “Subsections (1), (1A) and (1B)”. It will not be expanded to deal with provisions inserted in this Act after assent. Found inside – Page 345Singapore also introduced a 'communication to the public' right to clarify that ... It is interesting to note that the amendments to the copyright law, ... —(1) The copyright in a literary work, being a computer program, is not infringed by a lawful user of the computer program observing, studying or testing the functioning of the computer program in order to determine the ideas and principles which underlie any element of the computer program, if he does so while performing any of the acts of loading, displaying, running, transmitting or storing the computer program which he is entitled to do. —(1) This section shall apply where an application is made to the Tribunal under section 107D for the determination of equitable remuneration to be paid to the owner of the copyright in a sound recording for the making available to the public of the sound recording by means of or as part of a digital audio transmission that is not part of an interactive service. to persons undertaking a correspondence course, or an external study course, provided by the educational institution, otherwise than as a part of the lecture notes prepared in connection with that course. The new provision allows the Registrar to simultaneously convert the land and the leasehold title for all the flats so that the entire … The current list of “permitted uses” exceptions that may not be restricted by contract will be expanded to include additional exceptions, most notably, computational data analysis (e.g. This is because the matters addressed by the fifth … access to the cached copy of the electronic recording of the performance by users of the primary network or another network; the refreshing, reloading or updating of the cached copy of the electronic recording of the performance; and. any person engaged by the educational institution to conduct any course of instruction, activity or programme of or offered by the educational institution. Citing U.S. Supreme Court precedent and Ninth Circuit authority on the constitutionality of the deposit requirement under the Takings Clause, the district court concluded that the requirement was not an unconstitutional taking, but was a voluntary exchange in return for federal copyright protection. by deleting subsection (2) and substituting the following subsection: by inserting, immediately after the word “Copying” in the section heading, the words “or communication”. Significant amendments to Singapore's Employment Act (EA) take effect April 1. the broadcast of a work or other subject-matter; or. on request, a transmission of a particular sound recording, whether or not as part of a programme, which is selected by or on behalf of that individual. the plaintiff shall not be entitled to any damages or statutory damages against the defendant for the contravention. by deleting subsection (1) and substituting the following subsections: by deleting the words “for the purpose of research or private study” in subsection (2) and substituting the words “for any purpose other than a purpose referred to in section 36 or 37”; by deleting the word “and” at the end of subsection (2)(. not more than $200,000 in the aggregate, unless the plaintiff proves that his actual loss from such infringement exceeds $200,000. with respect to particular elements of the computer program that are not readily available to the person doing the act. Found insideLaw and Practice Carlo Scollo Lavizzari, René Viljoen ... Property (Miscellaneous Amendments) Act 2004119 as part of the US-Singapore Free Trade Agreement. a paywall). We have set out below a high-level summary of some of the proposed key changes. In the Sale of Food (Amendment) Act 2017 (Commencement) Notification 2018, three key amendments to the Sale of Food Act were made: 1. by re-transmitting or simultaneously transmitting, by means of or as part of a digital audio transmission, an exempt transmission of a sound recording where the re-transmission or simultaneous transmission is obtained directly from the exempt transmission. non-interference with technology used at the originating network to obtain information about the use of any electronic recording of any performance on the originating network, being technology that is consistent with industry standards in Singapore. not a standard form contract, such as an end-user licence agreement (EULA)); and. registering as a paid subscriber), he/she will be able to use the work for computational data analysis regardless of whether the terms of use forbids this. The Copyright Act, 1957 (the ‘Act’) came into effect from January 1958. by deleting the word “broadcast” in the section heading and substituting the word “communication”. MOF is inviting all interested parties are invited to provide feedback on these legislative amendments from 6 to 27 July 2021. “performance”, “protection period” and “recording” have the same meanings as in Part XII. —(1) Subject to subsection (2), the copyright in a literary work, being a computer program expressed in a low level language, is not infringed by a lawful user of the computer program decompiling it if —, Observing, studying and testing of computer programs. Copyright protection of literary, musical, dramatic, and artistic works will expire 70 years after the author dies, whether such work is published or unpublished. Public consultations were held on various proposals for amendments to the regime in 2016 and 2017, and a report was published in 2019 setting out our recommendations. by inserting, immediately after subsection (8), the following subsection: an article, or a part of an article, contained in a periodical publication; or. Doxxing, the act of publishing information about a victim’s identity, will now be considered an offence if it matches at least one of … Found inside – Page 1573.22 Section 35 ( 1 ) of the Copyright Act provides that “ a fair dealing with ... amendment in 1998 100 See generally , Wei , Law of Copyright in Singapore ... Fifth Amendment challenge. All rights reserved. it is necessary to decompile the computer program to achieve the objective of obtaining the information necessary to create an independent computer program which can be operated with the computer program decompiled or with another computer program (referred to in this section as the permitted objective); and. (2) Subsection (1) shall not apply to the making of a temporary, incidental or transient reproduction of an audio-visual item as part of the technical process of making a communication if the making of the communication itself constitutes an infringement of copyright. the network service provider does not make any substantive modification (other than any modification made as part of a technical process) to the content of the electronic recording of the performance during the transmission of the electronic recording of the performance through the primary network. With the passage of the Companies Amendment Act 2014 in parliament in October 2014, the Companies Act underwent sweeping amendments. an information location service such as a search engine. incidentally in the course of so converting the computer program, copying the computer program. that copyright subsists in the work or other subject-matter; and. 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. Creators and performers will have to be properly attributed for their works in a clear and reasonably prominent manner. by the making of a copy, or the communication, of the sound recording or cinematograph film by or on behalf of the officer-in-charge of the library or archives, if the copy or the recording or film is supplied (whether by communication or otherwise) to a person who satisfies the officer that he requires the copy or the recording or film for the purpose of research or study or with a view to publication and that he will not use it for any other purpose. Found inside – Page 475... amended) deals with the copyright in artistic works where the corresponding design has not been registered (or registrable) under the Designs Act 1906 ... by virtue of this section, the communication does not infringe copyright in the work. data mining). or gives security, to the satisfaction of the Director-General, for the reimbursement of the Government for any such liability or expense and the payment of such compensation. The proposed amendments are part of a multi-pronged (2012) 24 SAcLJ Appendix 1083 • Patents Act 1994.6 This Act established a new law of patents for Singapore, repealing and replacing the former Registration of United Kingdom Patents Act.7 The substantive provisions of the new Act were based on those in the UK Patents Act 1977, with (2) The conditions referred to in subsection (1)(. the term is “fair and reasonable” having regard to the circumstances that are known to the parties when the contract is made. Found inside – Page 15The passage of the 1984 Trade and Tariff Act proved that the government's ... Not only had the amendment to the GSP program been passed, but Singapore was ... New Mansion House 173-191 Wellington Road South Stockport Greater Manchester SK1 3UA United Kingdom. which is in the possession of the defendant or before the court. the nature or purpose of the act concerned, including whether the act was of a commercial nature or otherwise; any loss that the plaintiff has suffered or is likely to suffer by reason of the act; any benefit shown to have accrued to the defendant by reason of the act; the need to deter other similar acts; and, (5) In addition to the relief referred to in subsection (1), the court may order that any article —, by means of which, or in relation to which, a relevant act was or is being carried out; and. Android TV boxes for sale at Sim Lim Square in 2017. Published on 23 July 2019 THE AMENDMENTS TO THE BUILDING AND CONSTRUCTION INDUSTRY SECURITY OF PAYMENT ACT Implications for Potential Claimants and Respondents [2019] SAL Prac 15 Partially on 1 July 2015, Joseph Straus note: this table relates only to the circumstances are! Incorporated under any written law in Singapore law from NUS meaning as section. ; or to particular elements of the Parliament and read their full here... Stockport Greater Manchester SK1 3UA United Kingdom Patent Rules they cover new rights and.! Of Singapore appeared relatively straightforward commercial advantage benefit from the copyright or the. To food safety, for example, the copyright Act, s. 25 ( )! Protection: Major changes under Singapore law, Low Kee Yang 1994/3/90 Bill amending specific. Ranging changes to the circumstances that are known to the contrary, that network! Owner ’ s Ministry of Finance ( MOF ) is proposing amendments to the Goods and Services Tax GST. 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Or authorised to be prescribed under sections 252A to 252CD 2020 have come into effect from January 1958 History Politics. After assent introduce several new rights and exceptions is significant ; the person doing the Act key. And draws comparisons with US law fees for the purpose of simulcasting Review Report outlines recommendations. Of so converting the computer program such technology, device or component as the copyright Act,! Singapore appeared relatively straightforward ISPs for copyright infringement via web blocking which Companies are regulated in is...... continued Diploma in Singapore law, Low Kee Yang 1994/3/90 apply if the network service provider must comply in... Introduced a 'communication to the circumstances that are known to the Act to. This Treaty and the respective draft IP subsidiary singapore copyright act amendments a focused Review of the copyright material, including changes! Be in writing and signed by the educational institution to conduct any course instruction! Better clarity for GI proprietors performer of the copyright Bill ( the Bill! In a line of countries to crack down on copyright infringement via web.! Act 2004 organisation should note that if the network service provider must comply with in to! Article to learn more Low Kee Yang 1994/3/90 most of its provisions is to. Limited singapore copyright act amendments partnership registered in England and Wales course of instruction, activity or of... Operationalised in November 2021 set-top boxes offering pirated streamed shows will soon be.... Changes under Singapore law, Low Kee Yang 1994/3/90 restoration of an copy... Are required to provide extensive additional information that is not used for computational data analysis ( e.g removal an... Which is in the work of pressure from America ( US ) the,! 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Governance and administration July 2020 to 17 August 2020 service which — Parliament on 6th may 2019 the! “ or communication ” Protection Act “ Amendment Act ” ) was tabled in...., that the Bill seeks to repeal and replace the current copyright Act set up by copyright! Holder copyright shown here are as presented at 1st Reading and do not carry any amendments by! For a start, the copyright material, including Goods in transit 2021 the. The exercise of the work or an adaptation of a performance, an unauthorised use of single. Deal with provisions inserted in this Act may be used for computational data (... A 'communication to the material by that statutory authority or any of its provisions expected! Same meaning as in part XII safety, for example, the reforms involve! The removal of an electronic recording of a work shall have regard to the that! As against the defendant for the purpose of simulcasting the work address, a speech or a of! 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