3. Copyright (Part 1)

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Questions and Answers

Which of the following is categorized as an authorial work under the Copyright Act 2021?

Film scripts and written choreography (correct)

Television broadcasts

Sound recordings of live performances

Cinematograph films

What type of work is categorized as a non-authorial work under the Copyright Act 2021?

Musical compositions and scores

Artistic works including paintings and sculptures

Literary works such as novels and poems

Sound recordings like songs on a CD (correct)

Under the Copyright Act 2021, which of the following is NOT explicitly defined as a type of work protected by copyright?

Newspaper articles (correct)

Creative compilations or databases

Choreographed dance performances

Published editions of works

Which section of the Copyright Act 2021 directly addresses the definition of 'work'?

Section 8 Signup and view all the answers

Which of the following does the Copyright Act 2021 classify as an authorial work?

Choreography documented in writing Signup and view all the answers

What is the main criterion for originality in authorial works according to the content?

The work must originate from the author and no one else Signup and view all the answers

In the context of authorship, what requirement is established by the Asia Pacific Publishing Pte Ltd case?

At least one human must be identified as the author for a work to be original Signup and view all the answers

What is the challenge related to the criterion of originality, as discussed in the content?

Lack of sufficient intellectual effort in creating the work Signup and view all the answers

What typically validates reciprocal protection according to the Berne Convention and TRIPS Agreement?

The number of countries participating in these treaties Signup and view all the answers

Which statement reflects a misconception about the originality criterion in copyright law?

A work can be considered original if it shows minimal differences from prior works Signup and view all the answers

In the case of Global Yellow Pages Ltd v Promedia Directories Pte Ltd, what is emphasized as a requirement for proving originality?

Sufficient intellectual effort in authorial creation Signup and view all the answers

What does reduction to material form entail as one of the criteria for protection?

The work should be recorded in a tangible medium Signup and view all the answers

What factor influences the assessment of authorship, as indicated in the content?

The presence of recognized identifiable human authors Signup and view all the answers

Which of the following items is not subject to copyright protection?

A mathematical formula Signup and view all the answers

What is the definition of fixation in the context of copyright?

The need for the work to be recorded in a tangible medium Signup and view all the answers

Which of the following statements best describes copyright subsistence?

The bundle of rights within copyright subsist independently of each other Signup and view all the answers

For a work to qualify for copyright protection, it must meet which of the following requirements?

The work must be original and belong to a recognized category Signup and view all the answers

What is a valid connecting factor for copyright protection in Singapore?

The author must be a qualified individual upon publication Signup and view all the answers

Which of the following theories about copyright is false?

Copyright is protecting ideas rather than expressions of those ideas Signup and view all the answers

In which of these situations would a work not be eligible for copyright?

A work that is a mere reproduction of existing material Signup and view all the answers

What does not necessarily destroy copyright according to the definition of fixation?

If the work is deleted from a digital file Signup and view all the answers

Which of the following statements about the reduction to material form for copyright protection is true?

Non-authorial works can be embodied in various media to satisfy protection requirements. Signup and view all the answers

What is the default ownership of copyright for works created by an employee during their employment?

The employer typically owns the copyright unless specified otherwise. Signup and view all the answers

Under the current Copyright Act, which scenario maintains that the commissioning party is the default copyright owner?

Only for commissioned works before 21 Nov 2021. Signup and view all the answers

What does the Copyright Act state about changing ownership through contract?

Contracts can vary the default ownership rules established in the Act. Signup and view all the answers

Which of the following best describes the formalities required for copyright assignment?

A written agreement must be signed by the assignor to be valid. Signup and view all the answers

What is required for an exclusive licence according to the formalities outlined?

Written document, signed by or for the licensor Signup and view all the answers

What is a key criterion for a work to qualify for copyright protection?

It must be expressed in a material form. Signup and view all the answers

In the context of commissioned works under the current Copyright Act, what default position applies to commissioning parties?

The commissioning party is typically the copyright owner for all commissioned works. Signup and view all the answers

Which entities are specified to not be successors in title bound by the licence according to the content?

Public bodies Signup and view all the answers

What must occur for a partial assignment of copyright to be valid?

It needs a written agreement specifying the nature of partial rights. Signup and view all the answers

What denotes a bona fide purchaser in the context of a copyright licence?

A buyer who paid for the title without any notice of the licence Signup and view all the answers

What must be obtained to use the Course materials as mentioned in the copyright notice?

Written permission from the creator Signup and view all the answers

What is the main purpose of the Code of Conduct mentioned in the notice?

To provide guidelines on personal behavior and resource usage Signup and view all the answers

Study Notes

Subject Matter Protected by Copyright

Copyright Act 2021 protects "works"
Works are classified as either authorial or non-authorial.

Authorial Works

Literary works: novels, poems, writings, computer programs, “creative” compilations or databases, multimedia works.
Dramatic works: film scripts, choreography in writing.
Musical works: music scores.
Artistic works: painting, sculptures, photographs, buildings.

Non-Authorial Works

Sound Recordings: songs on a CD, vinyl records.
Films: motion pictures in VCDs and DVDs.
Broadcasts: TV, radio (non-examinable)
Cable Programmes: StarHub (non-examinable)
Published Editions of Works (non-examinable): typographical arrangement.

Subject Matter Not Protected

Ideas
Concepts
Discoveries
Procedures
Methods

Requirement of Fixation

Works need to be in material form for copyright protection.
Works can be stored electronically.
The medium does not need to be permanent; deletion or removal does not destroy copyright.

Subsisting Independently

Copyright is a bundle of rights that subsist independently of each other.
A movie may include various rights including: film, sound recording, artistic works, literary works, dramatic works.

Criteria for Copyright Protection

Automatic protection, no need for registration.
Requirements:
- Subject matter must fall into a recognized category of work (e.g. literary, dramatic, artistic, musical, sound recording, film).
- For authorial works, the work must be original.
- Valid connecting factor between the subject matter and Singapore.

Published Authorial Works: Subsistence & Connecting Factors

Requirements:
- The work must be original.
- The author must be a qualified individual (SG citizen/ SG resident) when the work was first published; or
- Work first published in Singapore; or
- Work was first published in a “reciprocating country” (party to the Berne Convention or WTO).

Issues in Copyright Protection: Connecting Factor

Litigation regarding connecting factors is rare because of reciprocal protection under the Berne Convention and TRIPS Agreement.
Subsistence challenges usually relate to a lack of “originality.”

Issues Specific to Authorial Works

Originality: Originality needs to demonstrate intellectual effort, creativity, or exercise of mental labor, skill, or judgment by the author.
Authorship: The author must be a human to have copyright protection.
Reduction to Material Form: Works must be reduced to writing or some other material form. This includes:
- Works embodied in sound recordings or cinematograph films.
- Works stored in a computer or other medium by electronic means.

First Ownership Rule

The author of an authorial work is the first owner of its copyright.
Similar position for non-authorial works.

Varied by Contract

Ownership can be varied by contract.
Ownership of future copyright can be contracted.

Employment Scenario

If an employee creates a work in the course of employment, the employer owns the copyright unless there is a written agreement.
Fact-specific enquiry is required to determine whether the author is an employee or an independent contractor.

Commissioned Works

The commissioning party who commissions certain works is the default copyright owner under the old Copyright Act (non-examinable).
Works commissioned on or after November 21, 2021, are governed by the new Copyright Act 2021. The author is the default owner.

Assignment

Assignment must be in writing and signed by the assignor.
Partial Assignment: possible to assign only a portion of the rights in the work.

Licence

Exclusive licenses must be in writing and signed by the licensor.
Successors in title (excluding the government or public body) bound by the license (unless they are a bona fide purchaser)

Notice

"Copyright © 2024, Singapore Institute of Legal Education. All rights reserved." The Course materials are developed by the Singapore Institute of Legal Education, based on the content, syllabus, and guidance provided by the Chief and Principal Examiners and their teams. No direct or indirect reproduction, publication, communication to the public, adaptation or any other use (that is prohibited and/or proscribed by copyright laws) of the Course materials in whole or in part in any form or medium is allowed without the written permission of the Singapore Institute of Legal Education. Part B Candidates should refer to the Code of Conduct for more information, particularly, the sections on conduct and behaviour, and the use of SILE resources.

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Description

Explore the basics of copyright as per the Copyright Act 2021. This quiz covers the classifications of works protected by copyright, both authorial and non-authorial, and outlines what is not protected under copyright laws. Test your understanding of the requirements for fixation and different types of works.