MinLaw and IPOS seek feedback on situations where circumventions of access control measures should be allowed

1     The Ministry of Law (MinLaw) and the Intellectual Property Office of Singapore (IPOS) launched a public consultation today to seek feedback on the exceptions available in our Copyright Act 2021 (CA) to allow users to circumvent technological measures that control access to copyright works or protected performances.

2     The public consultation will run for four weeks, ending on 19 May 2024. This is part of a periodic review of the exceptions in the CA, which is conducted once every four years to take into account technological developments.

Copyright Act 2021

3     Technological measures that control access (“access control measures”) are technologies, devices or components intended to control access to copyrighted works. They function like digital locks, and often prevent copyright infringement, for example, by preventing users from making unauthorised copies of a movie. The CA generally prohibits users from circumventing such access control measures or from selling products and services that allow others to do so.

4     In practice, access control measures may unintentionally restrict legitimate and non-infringing uses. For instance, an access control measure may prevent compilations of portions of films / video clips for educational uses in courses on film or media studies. Hence, in limited situations, the CA provides exceptions1 in which users are permitted to circumvent these access control measures for legitimate use of copyrighted works or protected performances. Some of these exceptions are temporary in nature (i.e. there is a specified duration for which these exceptions are valid) and these are the relevant exceptions for the purposes of this public consultation.

Public Consultation

5     The current temporary exceptions will expire on 31 December 2024. MinLaw and IPOS would like to seek feedback on the following:

i.     Whether the existing exceptions should be retained and whether they need to be modified if so, including suggestions on modifications of these exceptions;

ii.     Whether new exceptions should be introduced, for existing non-infringing uses or any new non-infringing uses resulting from the enactment of the CA.

6     The full public consultation paper may be viewed online at https://www.mlaw.gov.sg/public-consultation-on-ca-exceptions2024.

Invitation for feedback

7     Members of the public are invited to submit their views by 19 May 2024. They may submit feedback via MinLaw's feedback website, email or in hard copy, with the subject or header “2024 Public Consultation on Prescribed Exceptions in Part 6, Division 1 of the Copyright Regulations 2021” to the following:

MinLaw
Intellectual Property Policy Division, Ministry of Law
100 High Street, #08-02, The Treasury
Singapore 179434

Email:
MLAW_Consultation@mlaw.gov.sg

¹ See Part 7, Division 4 of the Copyright Act 2021, and Part 6, Division 1 of the Copyright Regulations 2021

MINISTRY OF LAW

INTELLECTUAL PROPERTY OFFICE OF SINGAPORE

22 April 2024

For enquiries, please contact:

Amelia Leong (Ms)
Email: Amelia_Leong@mlaw.gov.sg

Jenny Kwok (Ms)

Email: Jenny_KWOK@ipos.gov.sg