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I am organising a motivational talk at my condominium's clubhouse. The event is open only to the residents and their guests (max. 2 per resident), and is free. a. Before the talk, can I play some tracks from original music CDs to set the mood? b. During the talk, can I screen excerpts from original DVDs I own?
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a. Generally, you are free to play original music CDs in a private and domestic setting. However, you cannot do so in a public setting. It does not matter that the event is free of charge or that the event is organised on an ad-hoc basis. It also does not matter that the event takes place on private property.
Only the copyright owners of the sheet music and lyrics of the tracks in the CDs have the exclusive right of public performance. If you want to play music in a public setting, you will need to obtain a licence from the relevant copyright owners.
What is "public" can be relatively wide in scope and depends on factors such as the size and nature of the audience, which the Court will consider and determine.
In the present scenario, you are opening the event to ALL residents of the condominium plus a limited number of guests, the identities of whom are unknown to you. In such a situation, you may be considered to be "performing" the sheet music and lyrics in a public setting and will need a licence from the relevant copyright owners.
This is unlike a situation where you invite a restricted number of your friends and family to the clubhouse for the event. In this situation, it is more likely that you would be able to establish that you are playing the music CDs in a private and domestic setting.
If you are playing the music CDs in a public setting, you should approach COMPASS (Composers and Authors Society of Singapore) for licensing permission. More details can be found on the COMPASS website.
Alternatively, you can choose to simply connect the PA system to a local radio station playing music appropriate for your event instead of playing CDs. Doing so is allowed under our copyright law.
b. Generally, you are free to play movies comprised in original DVDs, or excerpts of such movies, in a private and domestic setting. However, you cannot screen the DVDs, or a substantial part of the movies comprised in a DVD, in a public setting. It does not matter that the event is free of charge or that the event is organized on an ad-hoc basis. It also does not matter that the event takes place on private property.
Only the copyright owner of the movie has the right to screen the movie or a substantial part of it in a public setting. If you want to screen the movie or a substantial part of the movie in a public setting, you will need to obtain a licence from the relevant copyright owner.
What is "public" can be relatively wide in scope and depends on factors such as the size and nature of the audience, which the Court will consider and determine.
In the present scenario, you are opening the event to ALL residents of the condominium plus a limited number of guests, the identities of whom are unknown to you. In such a situation, you may be considered to be screening the movie in public and will need a licence from the relevant copyright owner.
This is unlike a situation where you invite a restricted number of your friends and family to the clubhouse for the event. In this situation, it is more likely that you would be able to establish that you are playing the DVD in a private and domestic setting.
If you are uncertain whether a screening is public, it is advisable to check that the copyright owner is agreeable.
The above issue is a concern even though you only plan to screen movie excerpts, if the excerpts form a substantial part of the respective movies. What is "substantial"? This is a question of fact to be determined case by case. For example, if the excerpts screened comprise important or readily identifiable scenes in the movie (irrespective of duration), then it is more likely that you would have screened a substantial part of the movie. The test, therefore, is qualitative, rather than purely quantitative.
However, our copyright law does allow you to screen the excerpts for the specific purpose of criticism or review (e.g. reviewing whether a particular technique demonstrated in a video DVD is effective), as long as a sufficient acknowledgement is made.
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Does watching content online (e.g. exclusive cable TV shows and live sports events) through various internet live-streaming channels infringe copyright?
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One has to exercise caution in relation to content available on the Internet. Not everything free is legal; and not everything technically possible is legally in the clear. It is easy for almost anybody to make content available on the Internet. Some of these are legitimate copyright owners or their licensees. Others, however, are not. For example, there are those who steal broadcast signals from authorised sources and transmit them online illegally.
This has an impact on you because when you watch content online via streaming technology, a temporary copy of the programme is made on your computer. You may recall that reproduction is one of the copyright owner's exclusive rights. If the programme is communicated without the copyright owner's consent (e.g. in the example of signal theft above), then the temporary copy on your computer infringes copyright. In other words, if the source is infringing, the temporary copy on your computer will also be infringing. If the source is authorised, the temporary copy on your computer is recognised as an exception under our copyright law and is therefore non-infringing.
In view of this, you should be careful and check before watching content available online. It may not always be possible to tell if the source is legitimate. If you do not receive a clear and satisfactory response from the people responsible for putting up the content, it is best to avoid watching it.
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3.
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Can music, songs, videos and movies from my original CDs/VCDs/DVDs a. Be uploaded onto my personal website/blog? b. Be sent to my family and friends over Microsoft/Yahoo messenger?
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The above acts involve making copies of the copyright-protected music, songs, videos and movies. Hence, copyright will be infringed unless it is a situation of "fair dealing " as determined by the Court or if it is done for the purpose of criticism or review, which may be relevant in scenario (a) where opinions are often expressed. In the latter case, you need to make a sufficient acknowledgement of the work used. Further, if the copyright owner takes legal action against you, it is for the Court to decide whether on the evidence, you have genuinely uploaded relevant parts of the material for the purpose of criticism or review such that the exception applies.
If the abovementioned exceptions do not apply, you should proceed only with consent from the copyright owners. Otherwise, you run the risk of infringing copyright.
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Copyright impacts educators significantly. This is because educators often use copyright works for purposes of teaching. IPOS has prepared a special Copyright Infosheet just for educators which is accessible by expanding and clicking on the link below.
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Please click here to access the Copyright for Educators Infosheet.
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5.
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As an employer, what can I do to ensure that my employees do not infringe copyright?
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An employer is in the ideal position to take the lead in honouring intellectual property rights in the workplace. Simple measures go a long way in establishing the right work culture for a productive and legal work environment.
Insisting on only original software, having a system of tracking software installation and un-installation to keep within the limits of the software licence, running regular internal software audits are some of the things you can do. It is also important to impress upon employees the value of respecting copyright as part of a virtuous cycle that benefits everybody.
For more ideas, you can visit the Business Software Alliance's homepage or its dedicated Software Asset Management (SAM) site.
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