SINGAPORE – Creators and performers now have a proper to be recognized each time their work or efficiency is utilized in public, together with when it’s shared on-line.
This is without doubt one of the modifications to the Copyright Act – aimed toward strengthening their rights – that took impact on Nov 21.
One other change includes giving default copyright possession of sure commissioned works to their creators.
The Straits Instances appears to be like at how the 2 modifications have an effect on the use and distribution of works resembling pictures and movies.
Q: How does the brand new proper to be recognized have an effect on me when I’m sharing pictures and movies taken by others on-line?
A: The creator have to be recognized in a transparent and fairly outstanding method, resembling within the caption of the social media submit.
The identification have to be in a way that the creator needs to be recognized. For instance, a photographer might intend to be identified by a unique identify.
This obligation applies even when the creator doesn’t personal the copyright to the photographs and movies.
Q: Apart from photographs and movies, what different works are lined by this new proper to be recognized?
A: Performances and authorial works are lined too. Authorial works comprise literary creations resembling books, musical content material, dramatic works resembling movie scripts, and creative efforts resembling work and images.
Q: Does this proper to be recognized apply to works created abroad?
A: Sure. The proper to be recognized applies to works by Singapore residents and residents, in addition to by residents of nations that are events to the Berne Conference or a member of the World Commerce Organisation (WTO).
“At the moment, there are 179 contracting events to the Berne Conference and 164 members of the WTO, which embody international locations resembling Australia, China, Japan, United Kingdom and the USA,” stated Ms Trina Ha, chief authorized counsel and director of the Mental Property Workplace of Singapore’s (Ipos) authorized division.
Q: Does this proper to be recognized apply to my works created in Singapore however used abroad?
A: The duty, as set out within the Copyright Act, applies solely when the works are utilized in Singapore.
For works used in a foreign country, the mental property legal guidelines there’ll decide whether or not the creator have to be recognized. That is no matter whether or not the works have been created in Singapore.
Q: What if I have no idea the creator of the work?
A: The proper to be recognized doesn’t apply if the id of the work’s creator will not be identified.
Q: Are there different conditions the place I wouldn’t have to credit score the creator of the work?
A: Creators can agree to not be recognized or waive the precise to be recognized when their work is being utilized in public. Different conditions embody when the work is utilized in examinations or court docket proceedings.