The Copyright (Excluded Works) Order 2008 will come into force on 1st January 2009 and will remain in force until 31st December 2012. This new Order will replace the Copyright (Excluded Works) Order 2005, which expires on 31st December 2008.
Section 261C(1)(a) of the Copyright Act (Cap. 63) prohibits the circumvention of technological access control measures as applied to copyright material and protected performances. The copyright owner or performer may bring a civil suit against any person who circumvents a technological access control measure without his authorization. In addition, any willful contravention of the prohibition for the purpose of obtaining a commercial advantage or private financial gain is an offence carrying a maximum penalty of a $20,000/- fine.
The prohibition may, however, hinder a person from legitimate and authorized use of a protected work. An example would be a situation in which a hospital maintained data using software that requires an obsolete dongle to access. The obsolete dongle is damaged and prevents access to software, hence preventing access to the important data. As the dongle is now obsolete, there is no way to repair or obtain a new dongle from the manufacturer. If the hospital staff decide to circumvent the access control, then they would be at risk of a civil suit by the copyright owner. The hindering of such a legitimate use is undesirable.
In order to ensure that legitimate uses of works are not hindered by the prohibition on the circumvention of technological access control measures, the Minister for Law is empowered to make an order exempting from the operation of the prohibition under section 261C(1)(a) specified works, other subject matter or performances or classes of works, other subject matter or performances, the purpose for which the circumvention may be carried out and the person who may carry out the circumvention. The Minister is also empowered to make the order in a case where he is satisfied that a legitimate dealing with the work, subject matter or performance is likely to be adversely impaired or affected by the prohibition on circumvention.
In order to prepare a new Order that would meet the needs of users who are using works, other subject matter or performances legitimately, IPOS conducted two public consultation exercises. The first public consultation exercise was conducted from 15 June to 15 August 2006. Members of the public were invited to comment on:
(a) whether the existing list of excluded works should continue to be exempted from the prohibition against circumvention of technological access control measures as applied to them; and
(b) whether there are any other specified copyright material and performances; or specified classes of copyright material and performances, which should be exempted from the prohibition against circumvention of technological access control measures as applied to them.
Based on the feedback received in the first public consultation exercise, IPOS prepared a draft Copyright (Excluded Works) Order 2007. A second public consultation exercise was conducted from 15 March to 30 April 2007. The objective of the public consultation was to invite comments on the list of excluded works, other subject matter or performances.
In the second public consultation exercise, a total of 15 responses were received from copyright owners, government agencies and tertiary educational institutions. Generally, copyright owners (through their associations) were concerned about the breadth of the rules; while users indicated that more concessions should be granted to them.
IPOS has carefully considered the feedback and noted the concerns raised by users and copyright owners. The draft Order 2007 has been revised to address the concerns. The Copyright (Excluded Works) Order 2008 may be accessed here (28KB).
A table comparing the rules in the 2005 Order and the new 2008 Order may be accessed here (32KB).
IPOS appreciates the feedback submitted to-date by stakeholders on the proposed changes to the Copyright Tribunal.
We have received several requests for an extension of the deadline for submission of feedback. After consideration of the matter, we are pleased to advise that the deadline for submission of feedback is extended to 5pm (Singapore time), Monday, 24th March 2008.
For direct access to the full public consultation documents, please click here.
IPOS is inviting feedback on the proposed changes to the jurisdiction and procedures of the Copyright Tribunal (“Tribunal”). These changes are intended to enhance the role of the Copyright Tribunal in meeting the growing needs of users and owners of copyright works in the digital age. Members of the public will have from 11th February to 10th March 2008 to review and give feedback on the consultation documents.
Several options on possible ways of addressing the stated needs are given below. In your written submission, you are also invited to give further inputs or suggestions in relation to any aspect of the Copyright Tribunal. Your feedback should describe how the proposed changes and your suggestions may affect you and how to address and strike a fair balance between the interest of copyright holders and the interests of users to have access to copyright works on reasonable terms.
The Tribunal only has jurisdiction to hear such disputes as are specifically provided for under the Copyright Act. Currently, the specified jurisdiction of the Copyright Tribunal is narrow, and consequently, the Tribunal has limited ability to adjudicate in license disputes and thereby play an effective role in the maintenance of the fair balance between the ownership interests of copyright holders and the interests of users in having access to copyright works on reasonable terms.
The Copyright Tribunal is currently NOT empowered to resolve disputes in relation to charges payable to a copyright owner for the public screening or reproduction of a film. Proprietors of entertainment outlets who wish to screen music videos in their outlets cannot apply to the Tribunal if they are of the view that the license fees charged or terms imposed by copyright owners are unreasonable.
Therefore, IPOS is inviting feedback on the following proposed changes to the jurisdiction and operational aspects of the Copyright Tribunal:
(a) enabling the Tribunal to hear disputes concerning remuneration and/or royalties payable in respect of licenses for all uses of all types of copyright works, including music and films;
(b) increasing the number of Tribunal panel members; and
(c) appointing up to two Deputy Presidents.
For more information and access to the public consultation documents, please click here.
IPOS is very grateful for all the feedback we have received for both public consultation periods in relation to the draft Copyright (Excluded Works) Order 2007. Substantive submissions were received from copyright owners, companies, educational institutions, government agencies and individuals.
The feedback has been carefully considered and IPOS is working with the Attorney-General’s Chambers to prepare the new Order.
In the meantime, the existing Copyright (Excluded Works) Order 2005 will remain in force until 31st December 2008.
For a copy of the amendment order, please click here and scroll down to "Copyright".