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Business Law (Focus Areas) > Chapter 9 > Flashcards

Chapter 9 Flashcards

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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?

A

No.

25
Q

How does copyright arise? (what to do)

A

Automatically- owner of copyright must have evidence to prove his ownership

26
Q

What evidence can you use to prove ownership? (2)

A

(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
Q

What is the duration of copyright for LDMA works? What if it was published after the author’s death?

A

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
Q

What is the duration of copyright for published LDMA works (layout)?

A

25 years from the end of the year in which it was first published.

29
Q

What is the duration of copyright for sound recordings and films?

A

70 years from the end of the year of release of the sound recording or film.

30
Q

What is the duration of copyright for broadcasts and cable programmes?

A

50 years from the end of the year of making the broadcast or cable programme.

31
Q

What is the duration of copyright for performance?

A

70 years from the end of the year of performance.

32
Q

What are the types of copyright infringement? (3)

A

(1) primary infringement
(2) infringement by authorization
(3) secondary infringement

33
Q

What is primary infringement?

A

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
Q

What is the most common method of primary infringement?

A

Reproducing the protected work or subject matter.

35
Q

Is all copying considered primary infringement?

A

No, a substantial part must have been copied.

36
Q

What is the question of fact in primary infringement?

A

Whether a substantial part has been copied.

37
Q

What are the factors that the Court considers with regards to whether a substantial part has been copied? (3)

A

(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
Q

In some situations, infringement may NOT be ____.

A

Obvious

39
Q

What does the copyright law protect?

A

Form of expression, not the idea itself.

40
Q

What is infringement by authorization?

A

When a person who could take reasonable steps within his control to prevent another person from committing primary infringement fails to do so.

41
Q

What is the test for infringement by authorization?

A

Measure of control that the defendant has- whether he could have taken reasonable steps to prevent the infringement from being committed.

Business Law (Focus Areas) (10 decks)

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