4. Copyright Part 2

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Questions and Answers

What factor influences the amount of copying required to establish copyright infringement?

The financial value of the work

The popularity of the work

The duration of the work's creation

The originality and skill involved in the work (correct)

In the case of Global Yellow Pages v Promedia Directories Pte Ltd, what is necessary for establishing infringement?

A substantial part of the protected work is copied (correct)

The entire work is copied

Permission is obtained from the original creator

That a derivative work is created

Which of the following categories does NOT typically involve authorial works?

Sound recordings (correct)

Musical compositions

Literary works

Artistic works

What section addresses infringement of acts comprised in copyright?

Section 146 Signup and view all the answers

What can be the outcome when two people photograph the same scene resulting in almost identical images?

No infringement occurs Signup and view all the answers

What is the duration of copyright for published authorial works?

Life of author + 70 years Signup and view all the answers

Which of the following statements about copyright infringement is true?

Copyright protects the expression of an idea, not the idea itself. Signup and view all the answers

In the case of sound recordings, when does the duration of copyright begin?

After the expiration of the calendar year in which the recording was published Signup and view all the answers

Which of the following is NOT a criteria for determining liability in copyright infringement?

Evidence of prior licensing Signup and view all the answers

What does the concept of 'right of adaptation' entail?

The right to create derivative works based on the original Signup and view all the answers

What does copyright primarily serve as in relation to others?

An exclusive right to exclude or authorize others Signup and view all the answers

Which section outlines the right to create copies of a work?

Section 41 to 50 Signup and view all the answers

How is the right to communicate to the public primarily carried out?

By transmitting electronically, such as music streaming Signup and view all the answers

Which of the following is NOT a right included under exclusive rights?

Right to perform in private Signup and view all the answers

Before a work can be classified as published, what must occur?

A copy must be supplied to the public Signup and view all the answers

Which of the following accurately defines the right of temporary copying under copyright?

Any incidental duplication that does not affect the original Signup and view all the answers

What is the primary distinction between the right to communicate and the right to publish?

The right to communicate relates to electronic means, while the right to publish applies to written works. Signup and view all the answers

Which section regulates the performance rights for authorial works?

Section 67 Signup and view all the answers

What must be demonstrated to establish a prima facie causal connection in copyright infringement claims?

Defendant’s access to claimant's work and close similarity Signup and view all the answers

Which of the following is NOT a factor to determine authorisation liability in copyright infringement?

Claimant's intent to protect their work Signup and view all the answers

Which section of the Copyright Act defines 'commercial dealing'?

Section 73 Signup and view all the answers

What is required for an act to be considered a permitted use according to Section 183(1)?

The act must be independent from other uses Signup and view all the answers

Which of the following factors is NOT considered in the fair use analysis under Section 191?

Educational purpose of the user Signup and view all the answers

What is the limitation period for bringing actions for copyright infringement according to Section 154?

6 years from the date of infringement Signup and view all the answers

Which of the following categories is excluded from being restricted by contract as noted in Section 187?

Acts done for judicial proceedings Signup and view all the answers

What does Section 190(1) confer regarding fair use?

Fair use is a permitted use Signup and view all the answers

What must a defendant know to be liable for copyright infringement under Sections 147 and 148?

That the article was made without the copyright owner's consent Signup and view all the answers

Which of the following uses is explicitly labeled as non-examinable?

Computational data analysis Signup and view all the answers

Study Notes

Nature of Copyright

Copyright is a negative right, which means it gives the copyright holder the exclusive right to exclude others from doing certain acts in relation to the work.
The copyright holder is not granted the right to do those acts personally, even though they have exclusive control over others' actions.

Exclusive Rights

Exclusive rights for different types of works are defined in various sections of the Copyright Act.
Sections 112 and 113 apply to authorial works.
Section 121 applies to sound recordings.
Section 124 applies to films.
Other types of works are not examinable.

Right of Reproduction

The right of reproduction refers to the ability to copy a work, encompassing different formats (hard vs. soft copies) and conversion between 2D and 3D forms.
Copying a substantial part of a work is considered copying the entire work.
Tempory or incidental copying is also included in the right of reproduction.

Right of Publication

This right relates to the act of making an unpublished work available to the public.
Once a work is published, it loses the label of being "unpublished."
The right of publication is distinct from the right to communicate a work.

Right to Communicate to the Public

This right refers to transmitting a work to the public using electronic means, regardless of whether it is done through physical mediums like fibre optic cable or wirelessly.
This right is distinct from the right to publish unpublished works.
The right to communicate does not include causing visual images or sounds to be seen or heard.

Right to Perform in Public

This right covers the visual or aural presentation of a work, including delivering a lecture, among other actions.
This right is separate from the right to communicate.
Films hold specific exclusive rights: the right to cause visual images of the film to be seen publicly and the right to cause the sounds of the film to be heard publicly.

Right of Adaptation

Various sections outline the right of adaptation for different types of works.
The copyright holder has exclusive rights in relation to an adaptation of the work.

Duration of Copyright

Published authorial works are protected for the life of the author plus 70 years.
The protection period for sound recordings and films is 70 years from the publication date.
The clock for both starts running after the calendar year in which the relevant event (death for authorial works, publication for recordings and films) occurs.

Principles of Infringement

The Global Yellow Pages case highlights the crucial questions in determining copyright infringement:
- Does copyright subsist in the work?
- Has the copyright been prima facie infringed?
- Are there any defences or exceptions that apply?
Copyright protects the expression of an idea, not the idea, facts, or data itself.
An original selection and arrangement of facts can be protected by copyright, but protection would be “thin.”
The substantiality of copying needed to establish infringement is directly linked to the originality, skill, and judgment invested in the original work.

Thinking of Infringement

Infringement is defined as copying the whole work or a substantial part of it that attracts protection in the first place.
Infringement is analyzed by considering the type of work, the category of infringement, and the elements of infringement.

Infringement of Acts Comprised in Copyright: Section 146

It is crucial to review the “Exclusive Rights” and the substantiality rule.
A causal link and access to the work are required to prove infringement.
A causal connection can be inferred from the defendant’s access to the claimant’s work and the close similarity between the two.

Authorising Infringement of Acts Comprised in Copyright

Section 146(1)(a) covers authorizing the infringement of copyright.
The RecordTV case outlined four factors relevant to determining whether authorization to infringe has been granted:
- The extent of control the defendant had over the infringing act.
- The financial benefits the defendant derived from the infringement.
- The defendant's knowledge of the infringing act.
- The defendant's intention to authorize the infringing act.

Commercial Dealing

Commercial dealing includes a wide range of activities related to selling, hiring, distributing, and exhibiting works.
The defendant must know or ought reasonably to know that the article was made without the consent of the copyright owner (imported articles) or that the making of the article infringed copyright (articles made in Singapore) to be held liable.

Exceptions

Permitted use, including fair use, allows certain acts that would otherwise be considered infringement.
Permitted uses are independent of each other and can be limited by contract, but certain specific exclusions cannot be contracted out.

Fair Use

Fair use is considered a permitted use.
Determining the use's fairness is done by considering four non-exhaustive factors:
- The purpose and nature of the use (commercial or non-profit, etc.)
- The nature of the work or performance.
- The amount and substantiality of the portion used.
- The impact of the use on the market and value of the work.

Other Permitted Uses

Numerous other permitted uses exist within the Copyright Act.
Acts performed for examination purposes, judicial proceedings, legal advice, and certain data analysis are considered permitted uses.

Limitation Period

An action for copyright infringement must be filed within six years of the infringement occurring.

Notice

The provided text is copyrighted material and belongs to the Singapore Institute of Legal Education.

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Description

Explore the essential aspects of copyright law, including the nature of copyright, exclusive rights granted to copyright holders, and the rights of reproduction and publication. Understand how these elements apply to various types of works as defined in the Copyright Act.