A Brief History of Singapore’s Copyright Law
Singapore’s modern copyright law started on 10 April 1987, when the Copyright Act passed by Parliament on 26 January 1987 commenced. It was passed as a result of pressure from America (US). In comparison with Bahamas, another country which had to amend its copyright laws due to US pressure, Singapore did not adopt the US model. Therefore, Singapore does not have a copyright registry.
Originally adopted from the Australian Copyright Act, Singapore’s Copyright Act has been amended several times either to keep pace with developments in technology or to meet our international obligations. The last major amendment took place in 2004 where it was made to align the law with the US-Singapore Free Trade Agreement 2003.
Copyright can exist in different types of works or subject matter. In this article, we shall concentrate on literary works. The law is slightly different for different works or subject matter but the concepts remain the same.
What is Copyright, and what does the law cover?
Essentially, copyright protects form and not substance. This is called the “idea-expression dichotomy’. It is the manner which an idea or information is expressed and not the information itself. For this reason, the British government could only sue Peter Wright, the author of “Spycatcher” for breach of confidential information and not copyright. This is because Wright wrote the book himself using information belonging to the British secret service.
Copyright does not confer on the creator of a monopoly on the ideas within the work. It basically protects the work from being copied. Over time, the law started classifying other unlicensed actions as infringing acts. They include unauthorised public performances and broadcasting.
The Copyright Act should be thought of in terms of a bundle of rights that is legally conferred for a specific period of time.
In order to determine the types of actions restrained by the Copyright Act, we need to consider the work or subject matter in questions. They are categorised as:
- “Creative works” – that is, original literary, dramatic, musical and artistic works like novels, plays, musical compositions, paintings, sculptures, and compilations; and
- “Entrepreneurial works” – such as sound recordings, films, broadcasts, cable programmes and published editions of the works.
So, I’ll automatically have copyright over all my work?
We need to distinguish between ownership from authorship for creative works. Whilst ownership may be transferred, authorship cannot be transferred. The fact that a person created a work cannot be changed. This is the basis for moral rights.
Generally, the first ownership belongs to the author of the works. The exception is when the work is created in the course of employment. In such situations, the first owner is the employer.
Copyright does not confer on the creator of a monopoly on the ideas within the work. It basically protects the work from being copied. Over time, the law started classifying other unlicensed actions as infringing acts. They include unauthorised public performances and broadcasting.
The Copyright Act should be thought of in terms of a bundle of rights that is legally conferred for a specific period of time.
In order to determine the types of actions restrained by the Copyright Act, we need to consider the work or subject matter in questions. They are categorised as:
- “Creative works” – that is, original literary, dramatic, musical and artistic works like novels, plays, musical compositions, paintings, sculptures, and compilations; and
- “Entrepreneurial works” – such as sound recordings, films, broadcasts, cable programmes and published editions of the works.
For entrepreneurial work, first ownership usually accrues to the producer of the work.
Do I need to register my copyright?
Unlike registered designs, patents and trademarks, there is no formalised registration process for copyright in Singapore.
However, three conditions need to be fulfilled. They are:
- fixation;
- nexus to Singapore or a convention country; and
- originality.
Fixation means that the expression needs to be recorded on some tangible matter e.g. CD disc.
For nexus, we need to consider if it is published or unpublished work. We shall only deal with published work here as the occurrence of this type of work is higher. The nexus can be either:
- the citizenship or the country of residence of the author; or
- the country which the work is first published.
We need to take note that the citizenship or country of residence consideration is measured against the author and not the owner. This is because the first owner of a work may sometime not be the author.
The country concerned can be Singapore or any of the countries in the treaties with which Singapore has signed. Basically, after acceding to the treaties, Singapore then passed a subsidiary legislation to fulfil its international obligation of extending protection within its jurisdiction to works of the countries which are member states of these treaties. The most important treaty in terms of the number of countries covered is the TRIPS as it has more than 164 member states. The United Nations has 193 member states. Under the rules of the WTO, it is permissible for territories with an identity crisis. A good example is Taiwan which is not a sovereign state under public international law.
The word “publication” includes the concept of simultaneous publication. This means that if the work is not published within the list of countries within the Act, as long as they are published within these designated countries within 30 days, the work shall be protected.
Copyright owners are encouraged to print the authors’ names, year of publication and the sign © on their works. Where a person’s name appears on a published work, he is presumed to the author of the work.
What are my exclusive rights if granted copyright, and how long do they last for?
Under the Copyright Act, the list of exclusive rights granted to a copyright owner are:
- First publication of the work
- Reproducing the work in material form
- Publicly perform the work
- Broadcasting the work
- Transmitting the work via cable
- Making an adaptation of the work
- Renting the work
This does not mean that every work or subject has the same rights. Some have more than the others.
For published creative works, copyright lasts for the life of the author plus 70 years after his death. We need to note that this is not the minimum standard under international copyright law i.e. major copyright treaties. The international standard is the life of the author plus 50 years. Singapore increased the duration of protection after the US-Singapore FTA as USA protects its literary works for 70 years after the author’s death. This is the result of the Sonny Bono Act, the singer-songwriter who was once Cher’s husband. The standard in the European Union is the life of author plus 70 years, as well.
For published entrepreneurial works, it generally lasts for 70 from the year of first publication.
How should I prove authorship of my work?
There is no one single, foolproof ‘magic bullet’ that can definitively prove authorship of one’s work. Some of the methods are:
- Depositing a copy of the work with solicitors or a depository. USA has a copyright office which does this. Though not part of the Singapore system, it can be good prima facie evidence.
- Going to the Commissioner of Oaths to make a declaration of the facts of ownership and date of creation.
- Using the postal service to send themselves under registered AR a copy of their work. Upon receipt, the envelope must not be opened.
- Emailing themselves a ‘read-only’ softcopy version of their work at the time of creation.
The last two are the most cost-efficient. Recent copyright reform consultation by the Ministry of Law is studying the feasibility of creating a registration system.
Frequently Asked Questions
Question 1: Can I sue someone for copyright infringement for using part of my work?
It depends on the usage. Copyright is infringed when there is a substantive reproduction of a work in the material form. What is substantive is qualitative and not quantitative. Naturally, if the amount is 90%, it is easier to prove infringement. As for what is qualitative, we will need to look at cases for guidance.
Question 2: Do I need to seek the consent of the owner of the copyright to the lyrics of a song when I want to produce a cover version in a different language?
Generally, under Singapore’s copyright law, copyright in the music and lyrics of a song are separate and distinct. However, it the writer has written both the music and the lyrics, it will not make any difference.
Where the writer of the music and lyrics are different individuals, we begin on the premise that they are separate and distinct. However, the creative process may be such that the lyricist and composer can claim that they are joint owners of the song. As such, the lyrics music may not be considered as independent. There are also commercial arrangements between the two to consider.
Question 3: How do I collect royalties from users such as restaurants which have piped in music, since there are so many?
Owners of copyright should look for collective management organisations to do this on their behalves.
The difficulty in licensing and collecting fees from multiple users is the reason why collective management organisations are formed. For performing rights to the public for songs, the relevant organisation is Composers and Authors Society of Singapore (“COMPASS”).
Need legal advice on Intellectual Property matters?
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This article is written by George Hwang from George Hwang LL.C and edited by Tang Chee Seng of Asia Law Network.
This article does not constitute legal advice or a legal opinion on any matter discussed and, accordingly, it should not be relied upon. It should not be regarded as a comprehensive statement of the law and practice in this area. If you require any advice or information, please speak to a practicing lawyer in your jurisdiction. No individual who is a member, partner, shareholder or consultant of, in or to any constituent part of Interstellar Group Pte. Ltd. accepts or assumes responsibility, or has any liability, to any person in respect of this article.
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