Singapore's Intellectual Property Law
On this page, we will only show the more relevant sections of Singapore's Intellectual Property Law, so that you will be equipped with the necessary information so as not to violate the law by engaging in acts of internet piracy.
Ownership of Copyright
12.1.5 The general rule is that the person who created a work is the owner of the copyright in the work. However, another person is the owner if
12.1.6 Additionally, if the person who created the work
Exclusive Rights and Infringement
12.1.7 The CA confers on the copyright owner the exclusive right to do, or to authorise others to do, certain acts (‘primary infringements’) in relation to a work, or subject matter like sound recordings, and films, such as:
12.1.8 Copyright infringers are therefore those who do any of the above acts without the copyright owner’s consent. The owner’s rights are also infringed by such acts (‘secondary infringements’) as
A copyright owner can sue an infringer in respect of any of these primary and secondary infringements, seeking any of the remedies referred to in Section 12.1.16 below.
Copyright Offences
12.1.9 The primary and secondary infringements can also be the subject of criminal proceedings initiated by the copyright owner. The proceedings are available for a primary infringement if it is wilful and significant and the infringer commits the infringement to obtain a commercial advantage, in which event he would be liable, if convicted, to a fine not exceeding $20,000 and/or imprisonment for a term not exceeding 6 months. In the case of a second or subsequent offence, the maximum fine and imprisonment term are $50,000 and 3 years respectively.
12.1.10 As regards the secondary infringements, the penalties generally range from a fine not exceeding $10,000 per article or $100,000 in the aggregate, whichever is the lower, and/or an imprisonment for a term not exceeding 3-5 years. The courts have imposed both fines and custodial sentences on offenders who deal in a large number of infringing items and who commit the infringements in an organised fashion (eg. as part of a syndicate).
Remedies
12.1.16 The range of remedies which the Court can order in infringement proceedings includes an injunction, either damages or an account of profits, an order for delivery up and/or disposal of infringing articles in relation to the copyright. In lieu of damages or an account of profits, the copyright owner can elect for an award of statutory damages, for which the court can grant not more than $10,000 for each work or subject matter in respect of which the copyright has been infringed but not more than $200,000 in the aggregate, unless the owner proves that his actual loss from such infringement exceeds $200,000. In awarding statutory damages, the court shall have regard to a number of factors, including
Ownership of Copyright
12.1.5 The general rule is that the person who created a work is the owner of the copyright in the work. However, another person is the owner if
- the copyright was assigned to that person; or
- the work was created by the creator in the course of his employment by that person.
12.1.6 Additionally, if the person who created the work
- was doing so in the course of his employment as a journalist or a writer for a newspaper, magazine or periodical or under a contract of service or apprenticeship, the proprietor of the newspaper, magazine or periodical would be the owner of the copyright, but only for the purpose of publishing or reproducing the work in the newspaper, magazine or periodical;
- is a photographer or artist engaged to take a photograph of a person or to draw the portrait of a person, the person would be the copyright owner and he has the right to prevent the photographer or artist from using the photograph or painting for any purpose that he has not agreed to.
Exclusive Rights and Infringement
12.1.7 The CA confers on the copyright owner the exclusive right to do, or to authorise others to do, certain acts (‘primary infringements’) in relation to a work, or subject matter like sound recordings, and films, such as:
- to reproduce the work in a material form;
- to publish the work if the work is unpublished;
- to perform the work in public;
- to make an adaptation of the work or to do any of the above in relation to an adaptation;
- to communicate the work to the public;
- to make a copy of the sound recording or film;
- to enter into a commercial rental arrangement in respect of the recording; and
- to cause the film, insofar as it consists of visual images, to be seen in public.
12.1.8 Copyright infringers are therefore those who do any of the above acts without the copyright owner’s consent. The owner’s rights are also infringed by such acts (‘secondary infringements’) as
- importing, selling, offering for sale and exhibiting in public of any article where the infringer knows, or ought reasonably to know, that the article was made without the copyright owner’s consent;
- falsely attributing the authorship of a work or the identity of the performer of a performance; and
- falsely removing or altering the rights management information electronically attached to a work.
A copyright owner can sue an infringer in respect of any of these primary and secondary infringements, seeking any of the remedies referred to in Section 12.1.16 below.
Copyright Offences
12.1.9 The primary and secondary infringements can also be the subject of criminal proceedings initiated by the copyright owner. The proceedings are available for a primary infringement if it is wilful and significant and the infringer commits the infringement to obtain a commercial advantage, in which event he would be liable, if convicted, to a fine not exceeding $20,000 and/or imprisonment for a term not exceeding 6 months. In the case of a second or subsequent offence, the maximum fine and imprisonment term are $50,000 and 3 years respectively.
12.1.10 As regards the secondary infringements, the penalties generally range from a fine not exceeding $10,000 per article or $100,000 in the aggregate, whichever is the lower, and/or an imprisonment for a term not exceeding 3-5 years. The courts have imposed both fines and custodial sentences on offenders who deal in a large number of infringing items and who commit the infringements in an organised fashion (eg. as part of a syndicate).
Remedies
12.1.16 The range of remedies which the Court can order in infringement proceedings includes an injunction, either damages or an account of profits, an order for delivery up and/or disposal of infringing articles in relation to the copyright. In lieu of damages or an account of profits, the copyright owner can elect for an award of statutory damages, for which the court can grant not more than $10,000 for each work or subject matter in respect of which the copyright has been infringed but not more than $200,000 in the aggregate, unless the owner proves that his actual loss from such infringement exceeds $200,000. In awarding statutory damages, the court shall have regard to a number of factors, including
- the nature and purpose of the infringing act (e.g. whether it was of a commercial nature);
- the flagrancy of the infringement;
- whether the defendant acted in bad faith;
- the need for deterrence;
- any loss that the plaintiff has suffered or is likely to suffer by reason of the infringement; and
- any benefit shown to have accrued to the defendant by reason of the infringement.