ITE COPYRIGHT E-GUIDE

ITE COPYRIGHT

E-GUIDE

ITE Copyright E-Guide is developed jointly with the Intellectual Property Office of Singapore (IPOS)

Due to the general nature of its content, this write-up is not and should not be regarded as legal advice.

CONTENTS Page Section A : Basic Information on Copyright

I Definition and Scope of Copyright Protection 1

II Copyright Ownership 5

III Duration of Copyright 7

IV Copyright Infringement and Enforcement 8

Section B : Issues Specific to ITE as an Educational Institution

I Exceptions for Educational Institutions 11

II Use of Copyright Materials in Educational setting 15

III Use of Copyright Materials in Internet-related Situations 17

IV Use of Software and Electronic Media 20

V Exceptions Applicable to ITE Libraries 22

VI Other Copyright and IP-related Information 23

Section C : Copyright Licensing & IP-related Organisations

I Copyright Licensing and Administration Society of Singapore (CLASS)

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II Composers and Authors Society of Singapore Ltd (COMPASS) 26

III Music Publishers (S) Ltd 27

IV Recording Industry Performances Singapore Pte Ltd (RIPS) 28

V Business Software Alliance (BSA) 29

VI International Confederation of Societies of Authors and Composers (CISAC)

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VII The Motion Picture Association (MPA) 31

VIII The Recording Industry Association, Singapore (RIAS) 32

Section D : Common Scenarios Pertaining to Copyright 33 Appendix A : Form for Record-Keeping Appendix B : Sample Letters to seek permission from Copyright Owners

Section A : Basic Information on Copyright


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(I) DEFINITION AND SCOPE OF COPYRIGHT PROTECTION

1 What is copyright? Put broadly, copyright is an intangible property right given to creators of works to enable them to exploit commercially their works by preventing others from using or reproducing those works. More specifically, copyright comprises a bundle of rights exclusive to the owner and the scope of these rights differs according to the type of work concerned.

2 What works are protected by copyright? Copyright protects original works that are produced in a tangible form such as in a recording or in writing. Originality simply means that there is a degree of independent effort in the creation of the work. It does not matter whether the work has creative value or not. The following may be protected under the Copyright Act:

Literary works such as • Books; • Lyrics in songs; • Articles in journals or newspapers; • Source codes of computer programmes; • Web pages; and • Content in multimedia productions.

Dramatic works such as • Scripts for films & drama (as applied); and • Choreographic scripts for shows or dance

routines. Musical works I.e. music scores.

Artistic works such as • Paintings; • Sculptures; • Drawings; • Engravings; • Photographs; • Buildings or models of buildings; and • Works of artistic craftsmanship e.g. designer

furniture.

Published editions of Literary, dramatic, musical or artistic works I.e. typographical arrangements.

Sound recordings Which are tape, compact disc or any other form of recording of sounds.

Films Including videos and digital videodiscs.

Television and radio broadcasts Including satellite and encrypted broadcasts.

Cable programmes

Performances By performers such as actors, dancers, musicians, singers, and comedians.



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3 What is not protected by copyright? What is not protected include: • Ideas; • Concepts; • Discoveries; • Procedures; • Methods; • Themes; • Titles or catchy names to denote the source of a product; • Works that have not been made tangible in a recording or writing (e.g., a speech or a

dance that has not been written or recorded); and • Works which are not of original authorship (e.g., works which contain information in the

public domain such as standards and the like).

3(a) Are facts protected by copyright? No. Copyright does not protect works that have no original authorship such as factual information about standards, measures or public documents. However, the way in which the factual information is presented or expressed can be protected by copyright.

For factual information, the law provides that there is only copyright protection in the presentation if the arrangement or selection of information is done in a manner that shows some degree of creativity.

3(b) Are databases protected by copyright? The information contained in a database is usually not protected under copyright. However, if the manner of selection and presentation of the database contains a sufficient degree of creativity, then copyright may be granted to the selection criteria and expression of the database as a literary work, and not to the facts or data itself.

3(c) Must the material have creative value to have copyright protection? No. The basis for copyright protection is originality and not creativity. As long as the work is original, it does not matter whether the work has creative value or not.

3(d) Does copyright protect designs for products? No. If an artistic work (such as a drawing or a sculpture) has been applied into a design for a product with the consent of the original artist and 50 or more copies have been made, then one cannot take action under copyright. If a shape, configuration, pattern or ornamental design is novel, it can be protected under the Registered Designs Act as an industrial design.

However, in the case of a design for a product that is solely functional, there is also no protection under the Registered Designs Act. But, copyright can be used to prevent someone from making copies of the artistic work itself.

3(e) Are materials on the Internet protected by copyright? Yes. Copyright materials sent over the Internet or stored on web servers are treated in the same manner as copyright materials in other media. The fact that they are made available on the Internet does not constitute a waiver of copyright nor does it carry any implied license for anyone to download or reproduce the material without permission of the copyright owner.

4 What are the exclusive rights conferred on a copyright owner?



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Literary, dramatic, musical, artistic works

Authors enjoy the exclusive rights to • reproduce the work; • publish the work; • perform the work in public; • broadcast the work; • include the work in a cable programme; and • make an adaptation of the work.

Published editions of literary, dramatic, musical or artistic works

The publisher has the exclusive right to make a reproduction of the edition.

Sound recordings The producer of a sound recording enjoys the exclusive rights to • make a copy of the sound recording; and • rent out the sound recording.

Films The producer of a film enjoys the exclusive rights to • make a copy of the film; • cause the film to be seen in public; • broadcast the film; and • include the film in a cable programme.

Television and radio broadcasts The broadcaster enjoys the exclusive rights to • make a recording of the broadcast; • rebroadcast; • include the broadcast in a cable programme;

and • cause the broadcast to be seen or heard by a

paying audience.

Cable programmes The producer of the cable programme enjoys the exclusive rights to • make a recording of the cable programme; • broadcast and rebroadcast; and • cause the broadcast to be seen or heard by a

paying audience.

Performances Performers have the right to prevent unauthorised recordings of their live performances and the distribution or sale of such unauthorised recordings.

5 Is registration required to get copyright protection? No. In Singapore, copyright protection is automatic and is conferred on the author from whom the work originates as soon as a work is created in a material or tangible form. Thus, an author of a work does not have to do anything to get copyright protection.

If the work is independently created, it has copyright protection. It does not matter that there is another work of a similar theme or nature as long as it can be proven that there was no copying from that other work.



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6 Must the © symbol be used? No. The © symbol need not be used and the fact that it was not does not render any loss in copyright protection. The use of the © symbol is merely an indication or notice of an assertion of copyright. It may, however, be a relevant fact in infringement proceedings.

If the infringer claims that he did not know that the material was protected under copyright, the court may take that into account and award lower damages. The use of the © symbol would generally deprive the infringer of such a defence.

In practice, the © symbol is usually followed by the name of the copyright owner plus the year when copies of the work were first made available.

So works created by ITE staff should include “© Year, Institute of Technical Education.”.

7 Is the copyright work created in Singapore protected overseas? Yes. Generally, a copyright work created by a Singapore citizen or resident is protected overseas through international conventions and agreements signed by countries. The protection of a work by a Singapore resident would be as though the work was made by those countries’ residents. The protection overseas is also automatic in that there is no need to register in order to be conferred protection.

Note however that countries such as Canada and the US provide for registration to facilitate proof of copyright in infringement proceedings.

7(a) How do these conventions and agreements work? International conventions and agreements obligate the member countries and World Trade Organisation member countries (including Singapore) to grant uniform protection for copyright works as laid down in these conventions/agreements.

7(b) What conventions/agreements is Singapore bound to? • The Berne Convention for the Protection of Literary and Artistic Works, a

convention on copyright for authors’ works and films that is administered by the World Intellectual Property Organisation (WIPO). A list of countries party to the Berne Convention may be found at WIPO’s website at http://www.wipo.int.

• The Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreement) (1994) of the World Trade Organisation (WTO). A list of member countries of the WTO may be found at the WTO’s website at http://www.wto.org.

8 Are works created overseas protected in Singapore? Yes. Singapore is obligated under the Berne Convention and the TRIPS Agreement to grant protection to copyright works created by nationals or residents of countries that are signatories of the Berne Convention and WTO member countries.



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(II) COPYRIGHT OWNERSHIP 9 Who owns the copyright?

Generally, if you are the person who created the work (i.e. you are the author), you will be the first owner of the copyright in your work.

However, there are exceptions to this general rule. Two of these exceptions are for:

• Employment As an ITE staff, if you create a work in the course of employment, then ITE is the owner of the copyright in the work.

• Commissioning If you are commissioned to create a work, without an agreement or contract, the person who commissions you owns the copyright to the work. However, an agreement or contract between you and the commissioner, can define the ownership of the copyright and the terms for use of the work by either party.

10 How does an author prove that the work originates from him? In practice, authors have resorted to a number of means to preserve their interests. They may have:

• Deposited a copy of their work with their solicitors OR

• Sent a copy of their work to themselves by special delivery, leaving the envelope unopened on its return so that the date stamp and the unopened work could establish the date of existence and the work as it existed at the relevant time OR

• Made a declaration stating the facts of ownership and the date of creation before the Commissioner of Oaths.

These are however by no means foolproof methods of proving authorship. These methods do not prove that the work is original or created by the author. In a dispute, the court will decide whether there is sufficient evidence to prove the authorship.

10(a) What about works placed on the Internet? Documentary evidence of the date of creation of the work should be maintained, and a notice of copyright on the material placed.

The documentary evidence will facilitate proof of copyright should there be a need to enforce the copyright against a third party. The notice of copyright will prevent an infringer from pleading that he did not know that the work has copyright protection.

11 Can copyright be transferred to someone else? Yes. Copyright is transferable (or assignable), in whole or in part. For example, ITE may transfer only the right of reproduction to some other organisation. The rights of the organisation ITE has transferred copyright to, are dependent on the terms of the transfer.



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11(a) What is the difference between a transfer of right and a license? If ITE had transferred the right to some other organisation, the latter may allow others to use the work as long as the usage is within the scope of the right transferred.

If ITE had licensed the right, the licensee cannot then permit others to use the work or license it out. A license is merely a permission to use the work as defined by the licensor.

11(b) After the copyright has been transferred to someone else, can ITE staff continue to revise the work? If the copyright has been transferred, the copyright in that work belongs to that entity. Thus, ITE may not release a Revised Version of the work without that organisation’s consent, if the Revised Version is substantially the same as the work that has been assigned.



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(III) DURATION OF COPYRIGHT

12 How long does copyright last? The duration varies according to the type of copyright work concerned.

Literary, dramatic, musical, artistic works

Life of the author plus another 50 years thereafter. If the work is published after the death of the author, it lasts for 50 years after the date of the first publication.

Published editions of literary, dramatic, musical or artistic works

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

Sound recordings and films 50 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.



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(IV) COPYRIGHT INFRINGEMENT AND ENFORCEMENT

13 When and how do I infringe copyright? You as an individual, infringe copyright when you do one of the things for which the copyright owner has the exclusive right to do without permission. For example, when you make a copy of a work without permission.

It is not necessary that you must have reproduced the whole copy. You would have infringed copyright as long as a substantial amount has been copied. In addition, it is irrelevant whether you had any ill intent or knowledge that the work was copyrighted; ‘innocent’ infringement is still infringement.

13(a) What constitutes a “substantial amount” of copying? It is a question to be determined by the court in a dispute. A substantial amount is not measured merely in terms of the quantity that has been copied. The court also takes into account the nature of the portion that has been copied or reproduced. If the portion copied constitutes the primary part or essence of the copyright material, the court may construe that a substantial amount has been copied.

13(b) Is it still an infringement if I were to acknowledge the source? Any reproduction of copyright materials without the prior permission of the copyright owner is an infringement and the mere acknowledgement of the source is not sufficient to constitute the permission of the copyright owner.

14 In what situations may I use copyright materials without permission? You may use copyright materials without permission only in specific instances and with the limitation that the use must constitute a “fair dealing”.

14(a) What is “fair dealing”? “Fair dealing” is when a fair and reasonable portion of the work is copied for: • Research or private study; • Criticism or review; • Reporting current events; or • Judicial proceedings or professional advice.

14(a)(i) What is the meaning of “research or private study”? In one case, the High Court of Singapore ruled that the defence of fair dealing for the purpose of “private study” is available where “the study is kept or removed from public knowledge or observation”.



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14(b) When can fair dealing be presumed? A fair dealing may be presumed when the portion copied is:

• For work divided into chapters - Not more than one single chapter OR - Not more than 10% of the total number of pages of the work.

• For work that is not divided into chapters - Not more than 10% of the number of pages of the work.

• For when the work is an edition stored on an electronic medium and is not divided into pages - Not more than 10% of the total number of bytes in the edition.

The following factors will be taken into account in deciding whether a fair and reasonable portion was copied:

• Purpose and character of the dealing, including whether such dealing is of a commercial nature or is for non-profit educational purposes.

• Nature of the work e.g. for certain works like photographs a taking of any part can constitute a taking of the whole.

• Amount and substantiality of the part copied taken in relation to the whole work. • Effect of the dealing upon the potential market for, or value of, the work.

15 Does the fair dealing defence allow teachers of ITE to make multiple copies of copyright material for teaching purpose and mass distribution to students? The fair dealing defence applies to individuals who need to use the copyright materials for the purposes of:

• Research or private study; • Criticism or review; • Reporting current events; or • Judicial proceedings or professional advice.

The fair dealing defence might not be applicable to multiple copying even if it is for educational purposes. This is to be determined by the facts of each case.

For teachers in ITE, the Copyright Act grants exceptions to educational institutions such as ITE, to make multiple copies for teaching purposes. For further details, please refer to Section B: Issues Specific to ITE as an Educational Institution.



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16 Are all infringement also criminal offences? No. Not all infringements carry criminal penalties. It is a criminal offence only if the infringer is found to be trading in the infringing copies. This includes instances where the infringer

• Is found with infringing copies and it can be shown that the infringing copies are for the purposes of sale;

• Makes or manufactures infringing copies for sale; • Sells or distributes infringing copies for the purpose of trade; or • Imports infringing copies for the purpose of trade.

In addition, it must be proven that the infringer knows or ought reasonably to know that the copies were infringing copies at the relevant time. The law provides for a presumption that the infringing copies are for sale where a person is found to have more than 5 copies of any one work.

17 How do I enforce my copyright? You, as the copyright owner, can sue another in a civil suit for any infringement that implicates your exclusive right(s).

In a civil suit, you have the following remedies:

• Damages for infringement To claim damages you have to prove the losses you have suffered as a result of the infringement.

• Injunction Stops the infringer from making further infringing use.

• Delivery-up Order Demands the infringer to deliver up the infringing copies to be given either to you or to the court.

Section B: Issues Specific to ITE as an Educational Institution


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(I) EXCEPTIONS FOR EDUCATIONAL INSTITUTIONS

18 Are there special provisions for ITE as an educational institution to use copyright material for distribution to students? Yes. There are exceptions in the Copyright Act that allow certain schools, including ITE, to make copies of a copyright work within prescribed limits for educational purposes. Copying is expressly allowed under certain circumstances and fulfilment of specific conditions.

19 What are the permissible limits for multiple copying by ITE staff for distribution to students? (a) Reprographic Copying not exceeding 5%

• Types of Work Literary or dramatic works

• Amount - For a work of 500 pages or less, the copying must not exceed 5 pages. - For a work of more than 500 pages, the copying must not exceed 5% of the

work. - For an edition stored on any medium by electronic means and not divided

into pages, the copying must not exceed 5% of the total number of bytes in the edition.

• Purpose

- Copying must be done on the premises of ITE and for the educational purposes of a course offered by ITE.

- Educational purposes means that the copying is used in connection with a particular course of instruction provided by ITE or the copying is to be used or included in a collection of the institute’s library.

• Time Frame

NO other part of the same work may be copied within a 14-day period of the first copying.

• Record Keeping NO record keeping is required for such copying.

• Dissemination ITE may also provide such copies on its Intranet or on a network that is operated or controlled by ITE that is made accessible to students who have enrolled for a course of education provided by the institute.



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(b) Reprographic Copying not exceeding 10% or a Chapter or an Article

• Types of Work Literary or dramatic works

• Amount - Not exceeding 10% of a work

OR - A single chapter where a work is divided into chapters

OR - An article in a periodical

If there is more than one article that relates to the same subject matter in the same periodical publication, the copying may extend to those articles.

• Purpose

The copying must be for educational purposes. Educational purposes means that the copying is used in connection with a particular course of instruction provided by the school or the copying is to be used or included in a collection of the school’s library.

• Record-Keeping In order for staff to enjoy the above exceptions, a record of materials copied must be made and kept. These records have to be made available for inspection upon request by copyright owners who have the right to levy a charge for the copying. If there is a dispute as to the amount to be paid, the matter may be referred to the Copyright Tribunal. It is advised that these records be kept for at least 6 years.

ITE Regulation To ensure the record-keeping requirement is met, individual establishment has to maintain on behalf of ITE centralised records of such copying by using the standard record-keeping form in Appendix A.

• Dissemination

ITE may also provide such copies on its Intranet or on a network that is operated or controlled by ITE that is made accessible to students who have enrolled for a course of education provided by the institute. Each download must be recorded as a copy made.

(c) Reprographic copying exceeding 10%

• Types of Work

(i) Work is non-commercially available If a work is not commercially available within a reasonable time (such as perhaps out-of-print books), schools may copy more than 10% of the work.

ITE staff who makes the copies or causes the copies to be made for or on behalf of the school (such as the librarian) must certify that the work cannot be obtained within a reasonable time at an ordinary commercial price.



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(ii) Work is not separately published It is permissible to copy an entire work that is not separately published. Examples of such works include poems, illustrations, short stories published in anthologies.

(iii) Work is an artistic work and is required for the purpose of

explaining or illustrating the work that is copied It is permissible to copy an entire artistic work if it is required for the purpose of explaining or illustrating the work that is copied.

So, if you were to copy an entire diagram from a science textbook to help explain the concepts in a text, this is permissible. It is also permissible to copy an entire sketch or illustrated plate in a book to help explain the concepts and ideas of the work to your students.

• Purposes In all the above instances, the copying must be for educational purposes. Educational purposes means that the copying is used in connection with a particular course of instruction provided by the school or the copying is to be used or included in a collection of the school’s library.

• Record Keeping

In order for staff to enjoy the above exceptions, a record of materials copied must be made and kept. These records have to be made available for inspection upon request by copyright owners who have the right to levy a charge for the copying. If there is a dispute as to the amount to be paid, the matter may be referred to the Copyright Tribunal. It is advised that these records be kept for at least 6 years.

ITE Regulation To ensure the record-keeping requirement is met, individual establishment has to maintain on behalf of ITE centralised records of such copying by using the standard record-keeping form in Appendix A.

20 What if I copy more than the permissible limit? If you copy by reprographic means, then you will be infringing copyright. It is always wise to seek permission from the copyright owner if you are unsure.

But if you copy by non-reprographic means (i.e. by hand) then you would not be infringing. If you subsequently make reprographic copies of that hand-written copy, then it would be an infringement.

21 As an ITE staff, how do I get permission to use or copy copyright materials as part of my work? You have to officially write to the copyright owner or any agency or administrative body that license uses on behalf of the owners to get written permission.

ITE Regulation If there are royalties or license fees that require ITE to pay, you will need to seek approval from your Head of Establishment who will examine the request on a case-by-case basis. Such expenses will be borne by individual establishment as part of T&M expenses. You may refer to Appendix B for a copy of the sample letter to seek permission from copyright owners.

22 Is ITE liable for copyright infringement by teaching staff?



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Yes. ITE would be liable for acts of infringement by teaching staff where the acts are done in the course of employment.

ITE Regulation Should it be so, ITE may take disciplinary action against the staff member for breach of the terms of employment. Therefore, staff should take extra effort to ensure that the material that they have produced does not infringe copyright laws.

23 Is ITE liable for copyright infringement by students? The law provides that where a person conducts himself in a manner that he can be deemed to have authorised the infringing acts of another, he could be liable for authorising the infringement. Thus, it is possible to have a situation where a school becomes liable for acts of infringement committed by students.

In one case in Australia, a school was found liable for the infringement by students because it had provided photocopying machines which were used by students to make infringing copies and it was found that the school knew about the infringement and did not do anything to prevent the infringement.

24 Say someone has infringed a copyright work belonging to ITE, how would ITE be able to enforce the right? ITE as the copyright owner can sue another in a civil suit for any infringement that implicates its exclusive right(s). In a civil suit, the following remedies are available:

• Damages for infringement To claim damages you have to prove the losses you have suffered as a result of the infringement.

• Injunction Stops the infringer from making further infringing use.

• Delivery-up Order Demands the infringer to deliver up the infringing copies to be given either to you or to the court.



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(II) USE OF COPYRIGHT MATERIALS IN EDUCATIONAL SETTINGS

25 Can ITE copy exam papers or test papers from other sources? No. Originally developed exam or test questions are protected and the copyright belongs to the person or institution that develops the questions. It is therefore not permissible to reproduce exam or test papers wholesale or on a substantial basis without prior permission of the copyright owner.

However, according to the Copyright Act, it is not an infringement of copyright if staff incorporates copyright materials or works (such as pictures, diagrams, poems, etc.) from textbooks or other sources while formulating exam questions. Likewise, students do not infringe copyright in answering exam questions.

26 Can ITE staff print commercial specifications or commercial documents as part of their course handouts? No. Copying without the prior permission of the copyright owner is, strictly speaking, an infringement.

However, there are situations where copying is allowed within specified limits. Please refer to Section B Part (I): Exceptions for Educational Institutions for further details.

27 Is it sufficient to acknowledge the source (i.e. with a footnote or in a bibliography)? No. Any reproduction of copyright materials without the prior permission of the copyright owner is an infringement and the mere acknowledgement of the source is not sufficient to constitute the permission of the copyright owner.

However, there are situations where copying is allowed within specified limits. Please refer to Section B Part (I): Exceptions for Educational Institutions for further details.

28 Can ITE staff tape a television, radio broadcast or a cable programme for use as a tool in the course of instruction? Yes. A teacher or school may make a recording of a television or radio broadcast or a cable programme and show the recording, if, it is part of a course of instruction of the school.

In so doing, the teacher or school will not be liable for any infringement of copyright in the broadcasts or cable programme as well as the copyright in the underlying film or sound recording.

29 Can ITE staff copy a video or tape or any other recording? Yes. If ITE conducts courses in making films or sound tracks, and it is done in the course of instruction or preparation for instruction.

30 Can ITE arrange or organise movie screenings and video shows? Yes. If the audience is limited to teachers, students and their parents and guardians and the screenings are done in the course of ITE’s activities. If the performance is open to the general public, then prior authorisation has to be sought.



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31 Can ITE stage plays and musicals based on copyright works? Yes. If the audience is limited to teachers, students and their parents and guardians, and the staging is part of ITE’s activities. If the performance is open to the general public, then prior authorisation has to be sought.

31(a) Can ITE record or video tape these plays and musicals? Where the performance is not an infringement, the performance can be taped or recorded. Where the performance will be an infringement, without the authorisation of the copyright owners, any further recording of the performance will also be an infringement.

32 Will teaching staff infringe IPR if they photocopy and use teaching and learning resource materials from commercial training providers for their lessons? Yes. The copyrights of these materials belong to the commercial training providers. Unless the amount of copying falls within the permissible limit stated in Q19 of Section B Part (I): Exceptions for Educational Institutions, approval has to be obtained before such material can be copied.

33 Will teaching staff infringe IPR if they make changes to a document and redistribute it? If copyright subsists in the work, any modifications of the work can constitute an infringement. In certain instances, particularly where the modification impinges on the reputation of the work, it may even infringe the moral rights of the author such as defined in the Copyright Act.



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(III) USE OF COPYRIGHT MATERIALS IN INTERNET-RELATED SITUATIONS

34 Is it necessary to obtain permission from website publishers, authors and creators for the use of their works? Yes. Websites contain a compilation of copyright materials such as graphics, text, music and films.

As a whole, independently of the copyright in the individual components, the website may be protected as a creative compilation where there is creativity in the selection or arrangement of the materials.

Where the individual components are original, copyright subsists in the individual components separately. Generally, all original compilations, texts, graphic materials, music and videos are subjected to copyright protection. The fact that these materials are made freely available or accessible on the Internet does not nullify any copyright protection and does not give an implied license to use the materials without permission unless there is an express license to do so.

Thus, it would be necessary to contact the website publishers for the use of their works. It may also be important to ascertain if they have the copyright in the individual components.

ITE may make use of the exceptions applicable to it as an educational institution. For more information, see Section B Part (I): Exceptions for Educational Institutions.

35 Will teaching staff infringe copyright if they download and use materials from the Internet to prepare their teaching materials? Downloading of materials from the Internet could constitute copyright infringement unless the amount falls within the limits under Section B Part (I): Exceptions for Educational Institutions.

ITE Regulation Staff who wish to download more than the permissible limit should seek the approval of the website owners before doing so. In most cases where it is difficult or impossible to determine the byte size to be copied, staff is strongly advised not to download the materials without prior approval. Please refer to Section B Part (I): Exceptions for Educational Institutions.

36 How much of an available online work can be copied? Where no prior permission is sought, copying of online works for the purpose of teaching must fall under the exceptions for educational institutions defined in Section B Part (I): Exceptions for Educational Institutions.

37 How about websites offering graphics and other diagrams, can these be downloaded for teaching? This would depend on the terms stated in the user agreement of individual websites. Some websites do offer free graphics that can be downloaded and used at no charge. However, if the website does not state that the graphics or diagrams can be used freely, and there is no prior permission from the website owner, the copying should fall within the amount stated in the exceptions for educational purposes. For more information, please see Section B Part (I): Exceptions for Educational Institutions.

ITE Regulation Staff should exercise extra caution when they use images from the Internet as there is the possibility that the images were misappropriated at some point and were not original creations of the alleged author. In these cases, use of the images may infringe the copyright of the original authors.



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38 Will ITE staff infringe copyright if they make modifications to materials taken from the Internet for teaching purposes? If copyright subsists in the work, any modification of the work can constitute an infringement. In certain instances, particularly where the modification impinges on the reputation of the work, it may even infringe the moral rights of the author such as defined in the Copyright Act.

39 When can materials be downloaded from the Internet, incorporated and used in ITE websites? Generally materials cannot be freely downloaded except where expressly authorised for linking, mirroring, caching or downloading or copying.


40 Is it an infringement to forward by e-mail copyright materials obtained from the Internet? Yes, it is an infringement of copyright to reproduce and distribute any copyright material without the prior permission of the copyright owner. This includes attaching or forwarding copyright materials by e-mails.

41 Is it an infringement to upload copyright materials onto the staff and student Intranet? Yes, it is an infringement of copyright to reproduce and distribute any copyright material without the prior permission of the copyright owner. It does not matter where the infringement takes place, whether it is on the Intranet or it is made publicly available.


42 Is it an infringement of copyright to provide links or addresses to websites? There is no clear answer to this question. Generally, it may be permissible to link or provide links to addresses on the Internet if it is done through the main home page entrance. In certain instances, deep linking or linking to subsidiary pages or specifically to relevant information and bypassing the home page can constitute an infringement of copyright.



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(IV) USE OF SOFTWARE AND ELECTRONIC MEDIA

43 Can teaching staff use graphics and other materials, such as clipart from legally purchased software to incorporate into teaching resources or materials? Most software gives a clear license to use materials created with the aid of the software. If it is so provided in the license then it is not an infringement to incorporate such materials into the school’s teaching materials.

Only when there is a clear license to use materials created with the aid of the software then it would not be an infringement to incorporate such materials into the school's teaching materials.

Should there be no clear license, staff may make use of the exceptions applicable to ITE as an educational institution stated in Q19 of Section B Part (I): Exceptions for Educational Institutions.

43(a) Can teaching staff mass-produce these learning resources materials for distribution to students and teaching staff? Yes. The learning resource materials developed can be mass-produced for distribution to student and staff for educational purposes, provided such mass production and distribution is not prohibited under the terms and conditions stipulated by the license agreement of the software.

Learning resource materials originally developed by ITE staff may be made available on the Internet. Where the learning resource materials incorporate other copyright materials, the copying of the copyright materials has to be within the limits spelt out above. Otherwise, permission has to be sought.

44 Can educational editions of software be used for revenue-generating purposes such as consultancy projects or industry collaboration projects by teaching staff and students? The terms and conditions of the license agreement for the software should be referred to. It could be that a condition for educational editions of software may not be used for revenue-generating purposes.

45 Free software (also known as freeware) from the Internet, e.g. animators, etc., are usually meant for personal use. Will teaching staff infringe IPR if they use these software for developing teaching and learning resources for presentations and distribution to the public? This will depend on the terms and conditions stipulated by the freeware creators. If the terms and conditions do not state clearly that you can use the software for producing material for presentation or distribution, it is best to seek the permission of the creators before proceeding.

46 Is it an infringement to make a back-up of legally obtained software? No. The making of a back-up copy of a legally purchased computer software is not infringement of copyrights, provided that:

(a) the back-up copy is made by or on behalf of the owner of the original copy; and

(b) the back-up copy is made for the purpose of being used by the owner or on behalf of the owner of the original copy, in the event that the original copy is lost, destroyed or deemed unusable.

47 Is it an infringement to make a backup copy of a copyright work on a disk or a CD-ROM?



20

Yes. It is not permissible to make a back-up copy of a copyright work on a disk or CD-ROM without the consent of the copyright owner.

However, ITE may make use of the exceptions applicable to it as an educational institution. For more information, see Section B Part (I): Exceptions for Educational Institutions.



21

(V) EXCEPTIONS APPLICABLE TO ITE LIBRARIES

48 What exceptions are applicable to ITE libraries? Broadly, the Copyright Act provides for exceptions for school libraries to make copies of copyright materials under the following circumstances:

(a) Copying For Educational Purposes School libraries may make copying for educational purposes on behalf of schools under the exception for schools. These exceptions can be found in Section B Part (I): Exceptions for Educational Institutions.

In such instances, the record maintained by the library will be considered to have been made on behalf of the school.

(b) Copying On Behalf of Users The library may make copies at the request of a user for • an article in a periodical publication

OR • not more than a single chapter

OR • not more than 10% of the total number of pages of a work.

IF the request

• was in writing AND

• it includes a declaration that the copying is for the purpose of research or private study.

(c) Copying of Unpublished Works The library can make a copy of the work to anyone who requires it for research or private study or with a view to publication

IF the unpublished work • was kept in the collection of a library

AND • the library can establish that it has been more than 50 years after the author’s

death and more than 75 years after the creation of the work AND

• the request includes a declaration that the copying is for the purpose of research or private study.

(d) Copying for Preservation Purposes It is not an infringement for a library to make a copy of a work for the purpose of • preservation against loss or deterioration

OR • replacement against damage or loss.



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(VI) OTHER COPYRIGHT & IP-RELATED INFORMATION

49 What is an ISBN and what is its significance? The ISBN (International Standard Book Number) system was established in 1968 as a standard identification system for books and other publications. Today, all book databases use the ISBN to track books and almost every book item has one.

50 What are digital watermarks? Watermarking is a technique used to impress a mark onto a medium, to identify the source or origin of a work. Digital watermarking involves embedding an invisible or partly visible impression onto a medium or work so that it is possible to identify the origin or owner of a work.

51 What are the requirements for copyright notices in ITE? ITE Regulation

ITE staff should include “© Year, Institute of Technical Education.” in works that they have created.

52 Who can I approach if I have queries concerning copyright? If you have a specific query on copyright or a query relating to possible infringement or protection of a work that is related to your job in ITE, please consult the BSD Dept.

If you have general enquiries about copyright law or intellectual property law, you may approach the Intellectual Property Office of Singapore through the email hotline provided in the website http://www.ipos.gov.sg or through the general enquiry line 63398616.

53 What are other IP rights I should be aware of? Broadly, intellectual property rights is a category of rights designed to protect and promote intellectual creations, science and innovative ideas. Intellectual property includes patents, trademarks, industrial designs, trade secrets and confidential information. Intellectual property rights grant monopoly to the right holders and create obligations in relation to uses that impinge on the monopoly.

• Trademark A trademark is a sign used by a person in the course of trade to distinguish the goods or services he deals with or provides from those of another trader. This sign must be visually perceptible and capable of being represented graphically. Examples of such signs include letters of the alphabet, words, names, signatures, numerals, devices, brands, headings, labels, tickets, shapes, colours, aspects of packaging, or any combination thereof.

• Patent In general, a patent is a monopoly right granted in relation to an invention in exchange for a full written disclosure to the patent office of the said invention by the applicant. An invention is patentable if it satisfies the criteria for patentability, namely: - The invention must be new; - The invention must involve an inventive step; and - The invention must be capable of industrial application.

• Design

http://www.ipos.gov.sg/



23

A design refers to features of shape, configuration, pattern or ornament applied to an article via an industrial process. To be protected as a registered design, designs must be new and capable of industrial replication, and do not include the method or principle of construction nor the features of shape or configuration of an article, which are dictated solely by the function which the article performs.

• Geographical Indication A geographical indication is an indication that identifies a good as originating in a place where a given quality, reputation or other characteristic of the good is essentially attributable to its geographical origin. Some more well-known examples of geographical indications are “Champagne”, “Bordeaux” and “Chianti”, the first two being regions in France and the third, a region in Italy, all famous for their wines.

• Layout-design of an Integrated Circuit In Singapore, the layout-design of an integrated circuit may be protected if it is the result of its creator’s own intellectual effort and is not commonplace among creators of layout-designs and manufacturers of ICs at the time of its creation.

Section C: Copyright Licensing and IP-related Organisations


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(I) COPYRIGHT LICENSING AND ADMINISTRATION SOCIETY OF SINGAPORE LTD (CLASS)

CLASS is • A non-profit society established in September 1999 by a group of international and local

academic book publishers and authors. • Its founding members include some of the world’s major book publishers such as Pearson

Education, McGraw-Hill, John Wiley, Thomson Learning, Cambridge University Press, Oxford University Press, Spinger Verlag, and local publishers Times Publishing and World Scientific Publishing.

• Other members include Reed Elsevier’s Health Sciences Asia (formerly Harcourt Asia), Taylor & Francis Group, SNP Publishing as well as local authors like Catherine Lim, Leong Wern Fook and Claire Chiang.

• CLASS is the licensing agent for academic, medical, scientific, artistic and other literary works used for educational purposes.

When to approach CLASS • If you are Government tertiary institutions and schools, private colleges, Government

departments and statutory boards, libraries, commercial and industrial corporation making reprographic copies of educational material.

What else it does • One of its main aims is to protect copyright and champion the interest of book publishers and

authors in the country. • Through a programme of public education, promotion, licensing and enforcement, CLASS

hopes published creative works can be better protected while the respect for copyright is attained.

Contacts Email: [email protected] Address: Blk 5 Tanjong Pagar Plaza #02-03 Singapore 081005 Tel: (65) 6223 5521 Fax: (65) 6223 5526



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(II) COMPOSERS AND AUTHORS SOCIETY OF SINGAPORE LTD (COMPASS)

COMPASS is • A non-profit company, which administers the rights in music and musical associated literary works on

behalf of its members (composers, authors and musical publishers).

COMPASS administers • Music copyrights and the usage of musical works including the public performance, broadcast, diffusion

and reproduction rights in music and musical associated literary works. • By virtue of the reciprocal agreements with many other similar music copyright organisations around the

world, COMPASS protects an extensive repertoire written by thousands of songwriters and composers worldwide.

When to approach COMPASS • If you are a proprietor of a business that provides music to the public, or if music is used in any

entertainment that you provide.

Examples of businesses requiring annual licenses are - Cinemas - Factories - Karaoke lounges - Restaurants - Clubs - Fitness centres - Nightclubs - Shopping centres - Concert halls - Hairdressing salons - Office buildings - Skating rinks - Discotheques - Hotels - Pubs

• If you are organising an event (other than a dramatic musical work, an oratorio or other choral work, or a ballet) and it involves the public performance of copyright musicals works.

Examples of parties who require permits are organisers of - Carnivals - Dinner and dances - Exhibitions - Concerts - Fun fairs - Promotional events

• If you are a music user who needs to seek clearance for reproduction of copyright musical works. For example, if you are making a record of a copyright work on CD, tape or any other format, making a soundtrack for a cinematographic film using a copyright work, making a commercial jingle or an accompaniment to commercial advertising using a copyright work, or reproducing a work in printed form.

What else it does • For licensees (i.e. music users)

- Provides licenses for public performances; - Clearance of copyright for mechanical reproduction and synchronisation of musical works; and - Provides computerised song search services on copyright ownership information.

• For its members (e.g. composers, lyricists and publishers) - Administers the full range of music copyrights of its members; - Promotes and safeguards the collective interests of its members; - Accord recognition and awards to outstanding members; - Provides consultancy services and raises the profile of members (and their repertoire) at local and

international levels; and - Conducts professional seminars/forums for members.

Contacts Website: http://www.compass.org.sg Email: [email protected] (for members/membership) [email protected] (for license) Address: 37 Craig Road Singapore 089675 Tel: (65) 6323 6630 Fax: (65) 6323 6639



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(III) MUSIC PUBLISHERS (S) LTD

Music Publishers is • An association currently comprising 13 music-publishing companies who control a large

number of music copyrights in Singapore. It is a non-commercial and non-profit making organisation and its principal activities are to act as a representative of the music publishers of Singapore.

What it administers • Music compositions.

When to approach Music Publishers • Music Publishers administers all forms of copyright pertaining to musical compositions (i.e.

mechanical rights, synchronisation rights, print rights, etc.), with the exception of only “Public performance rights” which are controlled by COMPASS.

• Users should note that the obtaining of a license from other copyright bodies does not imply an automatic waiver of copyright from the music publishers directly administering a particular work.

• When using a music composition, prior copyright clearance must always be sought with the publisher representing that work here in Singapore. It does not matter how the composition is used – whether as mobile phone ringtones; on compact discs, VCD, DVD; in TV commercials movies; as print formats (as in music scores, song sheets, song books, lyrics printed in magazines, or displayed in websites) or any other formats etc. Failure to do so would constitute copyright infringement.

Contacts Email: [email protected] Address: 2 Havelock Road #07-06 Apollo Centre Singapore 059763



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(IV) RECORDING INDUSTRY PERFORMANCE SINGAPORE PTE LTD (RIPS)

RIPS is • A collective licensing body representing a number of recording companies.

RIPS administers • Public performance and broadcast (including transmission via satellite or cable) of all music

videos and karaoke videos owned or controlled by represented record companies.

• The reproduction or re-recorded (dubbing) of sound recordings, karaoke and music videos.

When to approach RIPS Members of the public who intend to cause music and/or karaoke videos to

• Be seen in public

• Broadcasted (including transmission by satellite)

• Transmitted by cable programme service

• Reproduced or re-recorded (for both sound recordings and karaoke/music videos)

For example, one would require permission from a record company before the record company’s music and/or karaoke videos can be used in bars, pubs, lounges, discotheques, cafes, restaurants, retail shops, departmental stores, community centres, cruise ships, health and fitness centres, hotels and private clubs, etc. The typical applicant will be one who wishes to use these music and/or karaoke videos to provide karaoke entertainment, music video featured entertainment, or music video background entertainment to the public or a section of the public.

Contacts Website: http://www.rips.com.sg Address: The Licensing Department Recording Industry Performance Singapore Pte Ltd 163 Tras Street #04-00 Singapore 079024 Tel: (65) 6220 4166



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(V) BUSINESS SOFTWARE ALLIANCE (BSA)

BSA is • The voice of the world software and Internet industry before governments and with consumers

in the international marketplace. Established in 1988 and represented in 65 countries around the world, the BSA (www.bsa.org) is the foremost organisation dedicated to promoting a safe and legal online world. Its members represent the fastest growing industry in the world.

• BSA worldwide members include Adobe, Apple Computer, Autodesk, Bentley Systems, CNC Software/Mastercam, Compac, Dell, Entrust, IBM, Intel, Intuit. Macromedia, Microsoft, Network Associates, Novell, Sybase, Symantec, and Unigraphics Solutions (EDS).

What it does • As the voice of the world’s software and Internet industry, the BSA helps governments and

consumers understand how software strengthens the economy, worker productivity and global development; and how its further expansion hinges on the successful fight against piracy and Internet theft.

• The BSA’s efforts include: - educating computer users about software copyright; - advocating public policy that fosters innovation and expands trade opportunities; and - fighting software piracy.

• The BSA also provides resources like the Software Asset Management (SAM) Guide to help businesses avoid serious problems with sound software management practices and audit tools to help businesses identify and detect pirated software.

When to approach BSA • Members of the public who wish to provide information on suspected incidents of companies

using pirated software can call the Report Software Piracy Hotline at Tel: (65) 6226 0196.

Contacts Website: http://www.bsa.org Email: [email protected] Address: 300 Beach Road The Concourse #32-07 Singapore 199555 Tel: (65) 6292 2072 Fax: (65) 6292 6369



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(VI) INTERNATIONAL CONFEDERATION OF SOCIETIES OF AUTHORS AND COMPOSERS (CISAC)

CISAC is • An international non-profit, non-governmental organisation established in 1926 with its

headquarters based in Paris, France. It has observer status with the World Intellectual Property Organisation (WIPO) and represents 198 member societies, which in turn represent 2.5 million composers, authors, publishers and other copyright owners worldwide.

What it does • CISAC’s aims are to protect the moral, professional, economic and legal interests attached to

every kind of literary or artistic production of its members. It also co-ordinates the technical activities of copyright societies (also known as collective management organisations or authors’ societies) and serves as an international centre of research and information.

• The Asia-Pacific Regional Office of CISAC, which is based in Singapore, also helps to create collective management organisations in the region, e.g. the Composers and Authors Society of Singapore Ltd (COMPASS), Music Authors’ Copyright Protection Bhd (MACP), the Yayasan Karya Cipta Indonesia (KCI) in Indonesia, Music Copyright Society of China. Music Copyright (Thailand) Ltd and Music Copyright Intermediary Society of Chinese Taipei in Taiwan.

Contacts Website: http://www.cisac.org Email: [email protected] Address: 77A Duxton Road Singapore 089536 Tel: (65) 6225 5025 Fax: (65) 6225 5153



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(VII) THE MOTION PICTURE ASSOCIATION (MPA)

MPA is • A trade association representing seven of the largest international producers and distributors

of filmed entertainment, television programmes, and digital representations of moving images and sounds. Its members are: - Buena Vista International, Inc. - Columbia TriStar Film Distributors International. Inc. - Metro-Goldwyn-Mayer Studios. Inc. - Paramount Pictures Corporation - Twentieth Century Fox International Corporation - Universal International Films. Inc. - Warner Bros. International Theatrical Distribution.

What it does • Among its major activities, the MPA

- seeks to eliminate restrictive trade regulations and non-tariff trade barriers to allow free competition in the international marketplace;

- assists in the drafting of international treaties that affect the marketing, sales, leasing, taxation and distribution of the products of the US film industry;

- acts as liaison between its member companies and agencies and departments of the US Government on matters related to international commerce;

- negotiates industry-wide agreements abroad on matters related to the theatrical presentation, home video distribution, television syndication, and transmission and retransmission of television programmes and films;

- protects the rights of copyright owners in the international marketplace; - works with the film industries of other countries on matters of common interest designed to

preserve the freedom of the marketplace; and - directs a worldwide anti-piracy effort to protect US films and home videos.

Contacts Website: http://www.mpaa.org Address: 101 Thomson Road United Square #08-06 Singapore 307591 Tel: (65) 6253 1033 Fax: (65) 6255 1838 (Michael V. Connors – Senior Vice President, Asia-Pacific)



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(VIII) THE RECORDING INDUSTRY ASSOCIATION, SINGAPORE (RIAS)

RIAS is • A non-profit trade association representing both foreign and local record companies in

Singapore. It is an affiliate of the International Federation of the Phonographic Industry (IFPI), representing IFPI as its Singapore Nation Group.

What it does • RIAS maintains and fosters trade ethics and fair business practices in the industry. The

Association serves as the industry’s voice as it promotes the local music industry and defends the rights of its members.

• One of its main aims is to provide support and assistance to the government in its fight against piracy. It works closely with agencies like IPOS and IPRB and also undertakes various public education projects to alert the public to the piracy problem and to educate them on the importance of respecting copyright.

• Another objective of RIAS is to assist and serve the business community and the general public should they wish to use the intellectual property of its members.

When to approach RIAS • Members of the public can approach RIAS if they wish to be a member, participate in the

promotion of music and discuss applicable copyright issues in Singapore vis-à-vis the interests of both local and international recording companies.

Contacts Website: http://www.rias.org.sg Email: [email protected] Address: 13 Tras Street #04-00 Singapore 079024 Tel: (65) 6220 4166 Fax: (65) 6220 9452

Section D: Common Scenarios Pertaining to Copyright


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SCENARIO 1 PART 1

Adam, a teacher at ITE, copies an entire article from a technical periodical to teach his IT class, he then posts the article as a scanned image into the office Intranet where it is made available to teaching staff only. It is presumed that the technical periodical is protected by copyright. The purpose of copying is to distribute the copies to his class in ITE that he teaches.

In this case, Adam may make copies the article for distribution to this class if he makes an official record of the copying on behalf of ITE. If there is more than one article on the same subject matter in the periodical, Adam may make copies of more than one article in the same periodical.

The records accordingly must show all copies made. If the owner(s) of the work(s) wishes to examine the records and asks for equitable remuneration, ITE would have to make payment.

It would also not be an infringement to upload the article onto the Intranet. However Adam must keep an updated record of the copying on behalf of ITE. If the owner of the work wishes to be remunerated, ITE would have to make payment. ITE has to account for every reproduction of the work from the Intranet server by the other teaching staff and students in the record.

PART 2

Beng, another teacher, sees the article on the Intranet and downloads the article for his own use. He then saves it on a diskette, takes it home and uploads the entire article into his computer. Beng incorporates the text onto his own web site. The web site generates some revenue from web advertisements. In this case, Beng has not made the copy on behalf of ITE in the course of teaching. It would therefore be an infringement to reproduce the copyrighted work by downloading it from the Intranet and uploading it on to his site. However, Beng would not be infringing the copyright in the article if he can show that the reproduction was a fair dealing.

To do this he could say that the copying was for the purpose of research or private study. To determine if it is a fair dealing, the factors to be considered by the Courts include the purpose of the copying, the nature of the work (can it be copied in parts?), the amount of copying and the substantial impact on the market of the right holder.

Copying the article for one’s own reference could qualify as a fair dealing. However by uploading the article onto the Internet, as well as commercially benefiting from placing the work on his web site, Beng would definitely not be able to justify the copying as one of fair dealing.



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PART 3

Charles, another teacher, uses parts of the same article as well as other articles in the original technical periodical, to set an exam paper. He then prints out 250 copies to distribute to his students for their end of term examination. The law provides that including a copyrighted work in setting or answering an examination or a test would not be an infringement.

Therefore, ITE staff may use any material to set an examination paper, and the students will not infringe any copyright by answering, reproducing or quoting it in the examination or test.

However, the examination paper itself may not be subsequently reproduced or distributed for other purposes such as in a book of model exam answers.

PART 4

Dave is the computer service consultant for ITE. Whilst routinely servicing their computers, he notices Adam’s Intranet posting of the article. He saves a copy without anyone noticing. When he gets home, he makes a few changes to the article, and sends it to another periodical publisher claiming to be the author. Dave having reproduced an electronic copy would have infringed the original copyright, unless he can show that his use was a fair dealing (private study and research). By altering and adapting the work, he has further infringed the copyright owner’s exclusive right to prevent adaptation.

Dave has also offered his work to another publisher claiming to be the author. This would be a breach of the original copyright owner’s rights to be attributed, to be named or recognised as the rightful author of the work.

PART 5

Ernie, a student, recites the article that Adam handed out in class for a demonstration of a project. Adam records his speech, and plays it in other classes for students to comment on. Reciting the article or parts of the article is not an infringement, so long as the reading is of a reasonable length and sufficient acknowledgement of the source and author of the article is made.

Making a recording of the speech, is considered a reproduction of the original literary work. Adam may then be infringing the copyright if he cannot justify the reproduction as a fair dealing. However, an argument can be made out that in recording and playing the speech for his students to comment on, there was a fair dealing for criticism and review purposes.



34

SCENARIO 2

Frank, a student at ITE, compiles all the periodicals that he has received as a student for the last 2 years (about 400 articles, samples, word passages etc) and creates an electronic database. He does this by selectively compiling articles according to what he thinks are the most important. He then sells this database to a German consortium of IT firms for a lot of money. He also places the list of articles (but not the articles themselves) on his own web site available on the Internet with hyperlinks to the location where it is available online. The database that Frank developed, as a result of the compilation may, on its own, be entitled copyright protection if he can show that the order or choice in selecting the articles is intellectually creative. The works that he compiled however in the database, remain the copyright of the respective authors and owners, and any dealing (other than a fair dealing as defined in Section A Part IV: Copyright Infringement and Enforcement) would be an infringement of the work without the authorisation of the right holder.

Assuming that the database is a creative database and he has acquired all the copyright in the individual works, he would be entitled to deal with it anyway he chooses including selling or licensing the database. If he sells the copyright in the database to the German IT firm, he would thereafter, no longer be entitled to deal with the database unless allowed to do so under the terms of the contract with the purchasing firm.

It would not be an infringement of any copyright if he merely posts the links of the articles on the Internet. However as he had previously sold the database, the rights may have passed to the German firm. In the event that he did assign the copyright, he would not be entitled to deal with the database list any longer.

If no rights of use were accorded to him under the contract with the German IT firm, he may be infringing the copyright to the database by merely posting the links to the articles. He may also be infringing the copyright in the articles by providing links directly to them.



35

SCENARIO 3 PART 1

Harvey, an ITE employee, writes several technical articles based on his work for publication by ITE. On his own time but whilst at work (i.e. on his lunch break, and staying late after work) he also writes several papers for publication in other magazines. These other papers are not based on his work at ITE. The copyright of the work will usually vest in the creator or author of the work. However, where an employee in the course of his employment does the work, the employer will be entitled to the copyright.

In the first instance, Harvey writes the articles within his job scope, with the intent that they be published by ITE. Unless previously agreed by contact, ITE is entitled to the copyright.

However in the second instance, Harvey has written other works on his own time and at his own expense. If it is not within the scope of his employment to write the other works, ITE may not be entitled to the copyright of those works.

PART 2

Iris is an employee at ITE, and develops original teaching and learning resources for one of ITE’s courses. Due to better pay and brighter prospects she leaves her job and begins work for JCN (a private school). Several weeks after she leaves ITE, JCN introduces a new teaching and learning resource which is very similar to that of ITE’s. As an employee at ITE, any work created within the scope of Iris' employment would entitle ITE to the copyright. Clearly, the original learning and teaching resources was written within the scope of her employment, and the copyright in the software would belong to ITE, unless there was a prior agreement between Iris and ITE.

However it appears that a very similar work is now being produced by JCN. The facts at this point are not clear to determine if there is a copyright infringement.

ITE would have to ascertain the likelihood that Iris would have passed copyrighted material to JCN and if there was any actual copying done. If JCN can show that the work was created completely independently, or that there is only one way to program the same function, both parties may be entitled to retain their own separate copyright.

Appendix A

Institute of Technical Education 10 Dover Drive Singapore 138683

RECORD FORM FOR PURPOSES OF SECTION 52(6), (7) AND (8) OF THE COPYRIGHT ACT

Record of copies made by or on behalf of the Institute of Technical Education of the whole or part of a book or periodical publication

Section 1 – Type of Publication

Book Periodical International Standard Book Number (ISBN):

International Standard Serial Number (ISSN):

Author:

Title:

Name of publisher:

Title of periodical publication: Vol No and Issue No: Author of article:

Title of article:

Page numbers copied:

Number of copies made:

Date copied:

Purpose:

Course Title:

Page numbers copied:

Number of copies made:

Date copied:

Purpose:

Course Title:

If the edition is stored in any medium by electronic means,

Total bytes in publication: Total bytes copied:

Section 2 - Requestor’s Details

Name of staff: Signature:

Campus: Date:

* Please complete Section 1 appropriate to the work being copied

Appendix B

Sample 1 : Permission to reproduce works set in print Attn: Mr Xxxx Xxx xxxxx Xxx xxxxx Xxx xxxxx Dear Sir PERMISSION TO REPRODUCE MATERIAL

The Institute of Technical Education (ITE) is a premier post secondary institution in

Singapore. We provide pre-employment technical education and training to post-secondary students, as well as continuing technical education for Singapore’s current workforce.

2 On behalf of ITE, I would like to request for permission to copy the following material to use in one of our courses entitled Xxxx xxxx. 3 Title: xx xxx

Author: xxx xxxx ISBN: xxx xxx xxx Material to be copied: Pg xx - xx (photocopy enclosed) Number of copies: xx

4 The above material will only be used for classroom teaching, and would not be used for commercial purposes. 5 I would appreciate it if you could accede to my request. Yours sincerely MS HO SIEW PENG Industry Officer/Industry-based Training Division

Sample 2 : Permission to reproduce works from the Internet Dear Sir PERMISSION TO REPRODUCE MATERIAL

The Institute of Technical Education (ITE) is a premier post secondary institution in Singapore. We provide pre-employment technical education and training to post-secondary students, as well as continuing technical education for Singapore’s current workforce. 2 On behalf of ITE, I would like to request for permission to copy the following material to use in one of our courses entitled Xxxx xxxx. 3 URL: xx xxx

URL/Filename of material to be copied: xxxx Number of copies: xx

4 The above material will only be used for classroom teaching, and would not be used for commercial purposes. 5 I would appreciate it if you could accede to my request. Yours sincerely MS HO SIEW PENG Industry Officer/Industry-based Training Division

Documents

ITE COPYRIGHT E-GUIDE