An Introduction to Singapore Copyright Law

The modern Copyright Act (Cap 63) of Singapore was passed in 1987 and is based on Australian legislation. The original Copyright Act 1911 of United Kingdom remains relevant in relation to copyright material made before the current Act came into effect.

Copyright is a type of property that can be traded just like other types of tangible property. It can be licensed or transferred, either as an entire bundle (all of the distinct rights under copyright) or as a single, distinct right within the copyright bundle (e.g. only the right to reproduce).

Copyright protects works like literary, computer programs, plays, music and paintings. It is not ideas but their expression that are protected by copyright law. Generally, the author of a copyright work has the right to reproduce, publish, perform, communicate and adapt his work. These different exclusive rights form the bundle of rights that we call copyright. These rights enable a copyright owner to control the commercial exploitation of his work.

For a work to be protected by copyright in Singapore, it has to be original and expressed in a tangible form such as in a recording or in writing. Originality simply means that there is a degree of independent effort in the creation of the work. It is not a question of whether the work has creative merit.

In Singapore, an author automatically enjoys copyright protection as soon as he creates and expresses his work in a tangible form. There is no need to file for registration to get copyright protection.

Copyrights may be licensed by the owner to a thrird party. Future copyrights for a work that has yet to be produced can also be licensed. The licence can be full or partial with limited scope. A license can be exclusive or non-exclusive.

Generally, the original author of the work owns the copyright unless the work was commissioned by the other party in which case the other party will own the copyrights (unless there is an agreement otherwise). Similarly, in case of an employee/employer relationship, the employer will own the copyrights subject to an agreement otherwise.

Copyright infringement in Singapore occurs when one of a copyright owner's exclusive rights is violated such as when someone copies, distributes, performs or displays all or part of a copyright work without the permission of the copyright owner. To establish copyright infringement, a copyright owner must establish proof of copyright ownership and proof of copying.

The Copyright Act of Singapore allows a person to copy part of a work (not substaintial) for private study or research only.

Starting January 2005, after the new amendment of the Singapore Copyright Act took into effect, it is now a criminal offense for a person or company to conduct willful copyright infringement. The statute of limitations for copyright infringement in Singapore is six years.

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