General Questions on Copyright Act

1) What is copyright?

Copyright law in Singapore is governed by the Copyright Act ("the Act") and gives the copyright owner the exclusive right to do certain things in relation to a work, such as to reproduce the work, to publish the work or to perform the work in public. The copyright owner also has the right to prevent others from copying the work without his/her consent.

2) What does copyright protect?

Copyright protects the original expression of an idea, and not the ideas themselves. Facts and ideas cannot be copyrighted. An original work is protected as long as there is some amount of intellectual effort, labour and skill involved in its creation. For a "work" to be protected by copyright, the work must fall within one of the established categories of works, such as literary works, musical works, sound recordings or cinematograph films.The source code of computer programs are considered literary works under the Act. The graphic display and layout of computer programs and web pages are considered as compilations, which are also viewed as literary works. Copyright protection is conferred on the web page as a whole. The individual materials found on a web page may have independent copyrights attached to them.

3) What is considered an infringement of copyright?

There will be infringement of copyright if you do something with the work that only the copyright owner has the exclusive right to do. In relation to the right to make a copy of the work, there will be an infringement where a substantial part of the work is copied. There is no infringement if a person independently creates a work, even if that work turns out to be identical to another copyrighted work.It is also a violation of copyright if one for example sells or imports for sale any copyrighted work without the consent of the copyright owner.

4) Who is the owner of the copyright in a work?

Ownership of copyright to a work will belong to the author or creator of the work subject to any other agreement to the contrary. In general, the employer will own the works of an employee under the employment contract if the work was created in the course of employment. Further general information on copyright in Singapore can be found at the Intellectual Property Office of Singapore's website at www.ipos.gov.sg.

Copyright Infringement Against a Video Sharing Site

Viacom will sue YouTube for $1bn
Entertainment giant Viacom Media says it will sue web search engine Google and its video-sharing website YouTube for $1bn (£517m).

Viacom, which owns MTV and Nickelodeon, says YouTube uses its shows illegally.
Viacom alleges that about 160,000 unauthorised clips of its programmes have been loaded onto YouTube's site and viewed more than 1.5 billion times.
Google says it is "confident" that YouTube has respected the legal rights of copyright holders.
However the internet search giant saw its shares fall $11.72, or 2.6%.


'Clearly illegal'

As well as more than $1bn in damages, the legal action seeks an injunction to prevent what Viacom calls "massive intentional copyright infringement".

"YouTube's strategy has been to avoid taking proactive steps to curtail the infringement on its site," said Viacom in a statement.

"Their business model, which is based on building traffic and selling advertising off of unlicensed content, is clearly illegal and is in obvious conflict with copyright laws."

Last month, Viacom, which also owns cable networks VH1 and Comedy Central, told YouTube to remove 100,000 "unauthorised" clips.

Viacom said its demand came after YouTube and Google failed to install tools to "filter" the unauthorised video clips following negotiations.

"There is no question that YouTube and Google are continuing to take the fruit of our efforts without permission and destroying enormous value in the process," it said.

"This is value that rightfully belongs to the writers, directors and talent who create it and companies like Viacom that have invested to make possible this innovation and creativity."

For the full article please click here.

Other legal Issue Relating to Video Sharing (1)

Copyright Act isn't the only legal issue you have to be aware of when you do video sharing.
Material posted on the Internet is subject to exactly the same legal rules as material printed in a newspaper or magazine, or broadcast on television or radio.That means online statements or footage which have the potential to cause damage to a person's reputation are covered by the laws of defamation, as they are anywhere else.

Ex-MP in legal action threat over YouTube video

Published Date: 02 July 2008
By Ed O'Mara
FORMER Peterborough MP Helen Clark has threatened to take legal action after a film of her involved in an altercation in a Peterborough hotel was posted on a video hosting website.

A YouTube video, apparently filmed on a mobile phone, shows Mrs Clark embroiled in a row with staff in the bar of a city centre hotel.

During the 73-second clip, she furiously accuses a hotel employee of victimising and humiliating her.

When the former Labour MP was contacted by The Evening Telegraph yesterday, she declined to comment on the video but said she would be seeking legal advice.

She said: "I will be contacting my lawyers. "

I don't want to say anything about it, but obviously I will be taking legal action."

Mrs Clark, who served as Peterborough's MP between 1997 and 2005, is shown in the film sitting with a friend at a table in the bar area of the Great Northern Hotel.

The footage begins part way through a heated exchange between Mrs Clark and an unseen female employee. Although it is not clear from the clip what the dispute is about, the poster of the video claims it was sparked after Mrs Clark was refused service by staff.

Loudly protesting she has been wronged by the hotel worker, she says: "Why was I treated like this?"

Mrs Clark then appears to become distressed and says: "I was just sitting here. I did nothing wrong. What did I do wrong?"

For the full article please click here

Other legal Issue Relating to Video Sharing (2)

Thailand blocks YouTube access

BANGKOK, Thailand (AP) — The Thai government blocked access to the popular YouTube video website Wednesday saying a short film it features insults the country's beloved monarch.

Blocking access to YouTube was part of the military-installed government's move to shut down any websites deemed insulting to the king, and authorities will crack down on more, said Sitthichai Pookaiyaudom, the minister of information and technology.

Sitthichai said YouTube was blocked Wednesday morning after its owner Google turned down his request to remove the contentious Web page, which features a 44-second clip showing graffitti-like elements painted over a slideshow of photographs of 79-year-old King Bhumibol Adulyadej.

One part of the clip juxtaposes pictures of feet over the king's image — a major cultural taboo for Thais since feet are considered extremely dirty and offensive. The soundtrack is the Thai National anthem.

"It's a serious case of lese majeste," said Sitthichai, using the official name of charges for offending the monarch. "We asked Google to remove it some days ago, but they refused to."

For full article please click here.