About Copyright

Introduction

Copyright protects works like novels, computer programs, plays, sheet music and paintings. 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.

Copyright is a form of 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).

For a work to be protected by copyright, 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.

Works Protected by Copyright

Copyright protects literary, dramatic, musical and artistic works. Other subject matter like films, sound recordings, broadcasts, cable programmes and published works are also protected. Such rights are often referred to as neighbouring or related rights.

Copyright protects the expression of ideas, (e.g. in words and illustrations.) Ideas alone are not protected. The following may be protected under copyright law:

What is Not Protected by Copyright?

Subject matter not protected by copyright include:

• ideas (e.g. a new business idea that has not been documented);
• concepts (e.g. an idea for a new game show that has not been written down);
• discoveries (e.g. a research finding that has not been known before);
• procedures (e.g. the steps involved when applying for a travel visa);
• methods (e.g. the unique solution to a mathematical problem);
• subject matter that has not been made tangible in a recording or writing (e.g. a speech or a dance that has not been written or recorded); and
• subject matter which is not of original authorship (e.g. works which contain information in the public domain such as standards and the like).

Automatic Protection

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.

Overseas Protection for Copyright Works Created in Singapore

A copyright work created by a Singapore citizen or resident is protected in many countries overseas by virtue of international agreements. Generally, under these international agreements, the work of a Singapore citizen or resident would be protected in countries that signed the agreements as though the work was made there. Some countries such as Canada and the U.S. provide for registration to facilitate proof of copyright in infringement proceedings.

>> The Berne Convention for the Protection of Literary and Artistic Works is a convention on copyright protection of literary and artistic works including films. It is administered by the World Intellectual Property Organization (WIPO). A list of countries party to the Berne Convention may be found at the WIPO website.

>> The Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreement) (1994) of the World Trade Organization (WTO) is an international agreement on intellectual property rights including copyright, patents, and trade marks. A list of member countries of the WTO may be found at the WTO website.

The Symbol ©

The use of the symbol is simply a notice of a claim by the copyright owner that copyright exists. It does not give the copyright owner any substantive right and is therefore not crucial to the enjoyment of copyright protection.

Conversely, the non-use of the symbol does not imply a waiver or loss of copyright. It may, however, be a relevant fact in infringement proceedings. If an infringing party claims that he did not know that the material was protected under copyright law, the Court may take that into account and award lower damages. The use of the © symbol would generally stop the infringing party from successfully relying on such an argument.

In practice, the © symbol is usually followed by the year when copies of the work were first made available, and the name of the copyright owner, e.g. © 2005 Intellectual Property Office of Singapore. Sometimes, near the © symbol, there may be a statement indicating the terms of permitted use, e.g. “for Private Use Only”. Where the owner does not allow use, the term “All Rights Reserved” may be found after the © symbol.

Proof of Originality

In practice, authors have resorted to a number of means to preserve their interests. They may have:

• deposited a copy of their work with their solicitors or a depository;
• sent a copy of their work to themselves by post leaving the envelope unopened on its return so that the date stamp and the unopened work could establish the date of existence and the work as it existed at the relevant time; or
• made a declaration stating the facts of ownership and the date of creation before a Commissioner of Oaths.