IP Starter

What Is Copyright?

Copyright is a bundle of rights given to the author of original works to make sure that only he can use and reproduce what he has created. It would also enable him to control the commercial exploitation of his works.

Such works include:

literary works
dramatic works
musical works
artistic works
sound recordings
films
television and radio broadcasts
cable programs
live performances
published editions

Generally, the author of the original work owns the copyright in the work and has the exclusive right to reproduce, publish, perform in public, broadcast and adapt it. However, there are exceptions to this general rule. For example if the work is created in the course of work as an employee or is commissioned by another party, the employee or the commissioning party respectively could own the copyright of the work.

The duration of the right varies with the type of copyright work concerned.

Literary, dramatic, musical, artistic works	Life of the author plus another 70 years thereafter If the work is published after the death of the author, it lasts for 70 years after the date of the first publication.
Published editions of literary, dramatic, musical or artistic works layout	25 years from the end of the year in which the edition was first published
Sound recordings and films	70 years from the end of the year of release of the sound recording or film
Broadcasts and cable programmes	50 years from the end of the year of making the broadcasts or cable programme

What Works Can Be Protected by Copyright?
Any form of original work that is produced in a tangible form such as a writing or recording would be protected by copyright. Originality does not refer to its creative value but rather, the degree of independent effort that has been put into the creation of the work. Ideas, concepts, discoveries, procedures, methods, or any works which are not of original authorship, are not protected by copyright.

How to Seek Copyright Protection?
Copyright protection is automatically conferred on the author from whom the work originates as soon as a work is created in a material or tangible form.

What Does the © Symbol Mean?
The use of the © symbol indicates an assertion of copyright. The symbol © is usually followed by the name of the copyright owner plus the year when copies of the work were first made available. E.g., © Intellectual Property Office of Singapore 2003. Not using the © symbol does not imply a waiver or loss of copyright. It may, however, be a relevant fact in infringement proceedings.

Can Copyright Materials Be Used Without Permission?
Exceptions are allowed but only in specific instances and with the limitation that the use must constitute “fair dealing”. Fair dealing is when a fair and reasonable portion of the work is copied for research/private study, criticism/review, reporting current affairs, judicial proceedings or professional advice.

There are exceptions in the Copyright Act that allow certain schools to make copies of a copyright work within limits for educational purposes. Copying is expressly allowed under certain circumstances and fulfillment of specific conditions.

How Do I Seek Permission from a Copyright Owner?
There are two ways to go about it. Direct negotiation with the copyright owner for a licence to use or copy copyright material. The other way is through agencies or administrative bodies that license certain uses on behalf of their members.

For more information, visit the IPOS Website.


Top	Last updated on 29 Aug 2007