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Copyright Law - Further Legislative Changes
September 2005 | Intellectual Property & Technology | IP Edge

In the March edition of the Rodyk Reporter, we reported on the January 2005 amendments to the copyright laws of Singapore. Seven months later, the Copyright Act (Cap. 63) has undergone further amendments based on feedback received following the last amendments. These latest amendments are aimed at refining certain technical provisions in order to eliminate uncertainties and iron out minor implementation difficulties. The more salient changes are set out below.

Temporary Reproductions and User Caching
Computer users are not liable for copyright infringement where incidental copies of material are automatically made on the user’s computer in the course of receiving or making electronic communications or surfing the Internet. Such incidental copies are automatically made by the user’s computer to speed up the loading of the webpage on subsequent visits and therefore do not involve any direct action by the innocent user.

• The recent amendments clarify that this exemption only applies to short-lived incidental copies, and not to long-lasting copies even if they are made automatically. The exemption also does not authorise any subsequent use of the short-lived incidental copies nor does the exemption apply if the material or the communication is itself infringing.

Limitation Of Liability Of Network Service Providers ("NSPs")
In order to be exempted from liability to the copyright owner for monetary relief, NSPs must satisfy certain conditions.

• Where a NSP has knowledge of the infringing material on its network or on another network to which it refers or links a user, it is required to take reasonable steps to expeditiously remove or disable access to such material. The latest amendments have clarified that this knowledge need not necessarily be acquired by a designated representative of the NSP, and may be acquired from a notice that is substantially in accordance with (i.e. not necessarily strictly conforming to) the prescribed form.


• A NSP must not receive any financial benefit directly attributable to a copyright infringement. The latest amendments clarify that in determining whether a financial benefit is directly attributable to an infringement, the courts will consider the accepted industry practices in relation to the provision of services and pricing policies, as well as any other factors that the court, in its discretion, deems relevant.

Take-Down and Restoration Procedure
When a NSP receives a take down notice from a copyright owner relating to any alleged infringing material, it will remove or disable access to the material. If the person who made available the material disagrees, he can file a counter-notice to have the material or access restored. If copyright owner wishes to prevent the restoration, he can institute court proceedings to prevent the restoration. If no such action is taken by the copyright owner, the NSP will proceed to restore the material or access.

• The recent amendments provide for specific time periods within which the copyright owner must take legal action to prevent the material or access from being restored, and exactly when the NSP should restore the material or access.

Rights Management Information And Circumvention Of Technological Measures
Earlier amendments to the Copyright Act introduced criminal sanctions for the removal or alteration of rights management information and the circumvention of technological measures, where such acts are committed wilfully and for the purpose of obtaining a "commercial advantage".

• The recent amendments have enlarged the scope of criminal sanctions to cover acts wilfully committed not only for the purpose of obtaining a "commercial advantage", but also for "private financial gain" as it has been recognised that it is possible for a person to potentially cause as much harm for private financial gain as for commercial purposes.

The latest round of amendments serve to fine-tune and enhance our copyright framework by striking a better balance between the various interests of copyright owners, NSPs and end users. While the recent adjustments are relatively minor, they make for a clearer, more comprehensible and robust regime that remains at the forefront of blindingly rapid technological advancements and continuous developments in the online digital environment.