Chapter 9 Flashcards

1
Q

Where is the law of copyright found in Singapore?

A

In the Copyright Act.

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2
Q

Where is the law of copyright found at the international level? Give an example.

A

In treaties. The Berne Convention under the World Trade Organization (WTO)

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3
Q

What do the treaties provide?

A

Reciprocal protection of copyright for signatory countries.

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4
Q

Does Singapore benefit from the treaties?

A

Yes, it is a member of WTO and has signed these treaties.

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5
Q

How does Singapore benefit from the treaties?

A

Intellectual properties created in Singapore are recognized and protected in foreign signatory countries.

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6
Q

What does Singapore have to do as one of the signatory countries of the treaties?

A

Singapore is required to recognize and protect intellectual property rights that are created in foreign countries.

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7
Q

What is copyright?

A

Intellectual property rights given to the creator of an original work.

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8
Q

Under the copyright act, what are the ‘works’ that enjoy protection? (5)

A

(1) Literary
(2) Dramatic
(3) Musical
(4) Artistic
(5) Other

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9
Q

What are literary works?

A

Words, computer programmes, tables, compilations

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10
Q

What are dramatic works?

A

Scripts for film or stage, plays

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11
Q

What are musical works?

A

Musical scores

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12
Q

What are artistic works?

A

Sculptures, paintings, drawings, photographs, buildings and models of buildings

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13
Q

What are other works?

A

Anything commercialized- Sound recordings, cinematograph films, television and sound broadcasts, cable programmes, and published editions of LDMA works.

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14
Q

What are works referred to as author’s copyrights?

A

LDMA works

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15
Q

What are works referred to as entrepreneurial copyrights?

A

Other works

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16
Q

Who owns the copyright under author’s copyrights?

A

The author of a work owns the copyright in his work.

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17
Q

Who owns the copyright under entrepreneurial copyrights?

A

The entrepreneur who produced his subject matter owns the copyright in his subject matter.

18
Q

Can copyright be sold?

A

Yes, the copyright may be sold for valuable consideration.

19
Q

Who owns the copyright under employment contract? What is the exception?

A

If an employee creates a work or other subject matter under the employment contract, the copyright in the work belongs to his employer, unless it is stated otherwise in the contract

20
Q

Who can own rights?

A

Only the copyright owner.

21
Q

Who is the copyright owner? (3)

A

(1) creator of the work,
(2) person whom the creator of the work sold rights to
(3) person whom the creator of the work licensed his rights to

22
Q

What are the rights of the copyright owner? Explain. (3)

A

(1) Reproduce the work in material form- copy
(2) Publish the work- print or publish through the internet
(3) Make an adaptation of the work- change the form of the work

23
Q

Is it necessary to use the copyright symbol? Why? (3)

A

No.

(1) simply a notice of a claim by the owner that copyright exists
(2) does not give the owner any substantive copyright rights
(3) not critical for copyright protection

24
Q

Do owners have to register for copyright?

25
How does copyright arise? (what to do)
Automatically- owner of copyright must have evidence to prove his ownership
26
What evidence can you use to prove ownership? (2)
(1) leave a copy with a lawyer with a statutory declaration that you are the original creator (2) send a copy to oneself with a date stamp from the post office. Keep it sealed and unopened.
27
What is the duration of copyright for LDMA works? What if it was published after the author's death?
70 years from the end of the author's death year. 70 years from the end of the year in which it was first published.
28
What is the duration of copyright for published LDMA works (layout)?
25 years from the end of the year in which it was first published.
29
What is the duration of copyright for sound recordings and films?
70 years from the end of the year of release of the sound recording or film.
30
What is the duration of copyright for broadcasts and cable programmes?
50 years from the end of the year of making the broadcast or cable programme.
31
What is the duration of copyright for performance?
70 years from the end of the year of performance.
32
What are the types of copyright infringement? (3)
(1) primary infringement (2) infringement by authorization (3) secondary infringement
33
What is primary infringement?
When a person who does not own the copyright in a work does any of the exclusive acts of the owner without the copyright owner's permission.
34
What is the most common method of primary infringement?
Reproducing the protected work or subject matter.
35
Is all copying considered primary infringement?
No, a substantial part must have been copied.
36
What is the question of fact in primary infringement?
Whether a substantial part has been copied.
37
What are the factors that the Court considers with regards to whether a substantial part has been copied? (3)
(1) whether an essential part of the original work had been copied (2) the amount of effort, skill and labour used- small=greater amount of copying to constitute as substantial copying (3) nature of the protected material- compilations:many entries copied=substantial copying
38
In some situations, infringement may NOT be ____.
Obvious
39
What does the copyright law protect?
Form of expression, not the idea itself.
40
What is infringement by authorization?
When a person who could take reasonable steps within his control to prevent another person from committing primary infringement fails to do so.
41
What is the test for infringement by authorization?
Measure of control that the defendant has- whether he could have taken reasonable steps to prevent the infringement from being committed.