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1.
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Can I forward emails and file attachments from external parties to my colleagues?
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Forwarding emails and file attachments results in copies made of the copyright material and you can do so with the consent of the copyright owners or if it is a situation of fair dealing .
The consent of copyright owners can be express or implied. For example, some emails expressly invite you to forward them to your contacts who you think may be interested (e.g. publicity on a product launch). Other emails, by their nature (e.g. where social awareness or public education is involved), may imply that forwarding is allowed. When in doubt, you should check with the source.
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2.
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Can I install original software bought by my company on my home PC?
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Every time computer software is installed on a PC, a copy is made. This should take place with the copyright owner's consent, which can usually be checked from the terms and conditions accompanying the original software your company bought.
Whether you can install this software on your home PC depends on these terms and conditions. It cannot be assumed that legitimate software bought for office use can also be installed on home PCs.
Usually, there is a variety of licences for a company to choose from when buying software. In general, the higher the licence fee, the wider the scope of permitted use.
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3.
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I am writing a proposal for my company. Can I
a. insert images from websites or clipart from legally purchased software in my proposal?
b. annex copies of newspaper/magazine/journal articles to my proposal?
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a. You can use these images and clipart in your proposal if the terms and conditions of use so allow. Look for these terms and conditions on the website and in the software agreement that comes with the software. Copyright in images and clipart includes the right to make copies, such as when you electronically copy and paste them in your proposal. Making copies without the copyright owner's permission will infringe his copyright, so make sure your use is covered by the terms and conditions, or otherwise with the copyright owner's consent.
b. Similarly, newspaper/magazine/journal articles are also protected by copyright. You need the copyright owners' consent to make copies before annexing them to your proposal, unless it is a situation of "fair dealing". On the other hand, you can annex the actual articles, as clipped from the newspaper/magazine/journal, to your proposal without making copies.
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4.
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During my presentation at the department meeting, can I screen the opening scene from an original movie DVD to grab my colleagues' attention? The scene takes only 1 minute.
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Owning an original movie DVD allows you to enjoy the movie privately in a domestic setting. On the other hand, the copyright owner of a movie has the exclusive right to show it in public. The concept of "public" may include workplaces.
Although you do not plan to screen the entire movie, if the opening scene is a substantial part of the movie (in quality, rather than quantity), you still need to get the copyright owner's consent before playing it at your department meeting.
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5.
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During our company's Family Day held at a park, can we play music over the PA system?
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Your company needs the consent of the copyright owners to do this as public performance of copyright works is involved, even though your company's Family Day is an ad-hoc event. You should approach COMPASS (Composers and Authors Society of Singapore).
Alternatively, your company can choose to simply connect the PA system to a local radio station instead of playing music independently. Doing so is allowed under our copyright law.
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6.
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My company is organising a seminar. Can I make a copy of the map showing the seminar venue and print it on the invitation cards and publicity material?
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A map is an artistic work protected by copyright. With the copyright owner's consent, you can reproduce the map in your invitation cards and publicity material. This could be something as straightforward as checking with the owner of the venue (e.g. if the seminar is held on rented premises like a hotel ballroom) whether it has its own map which it can allow your company to use.
Alternatively, your company can produce its own map for use in its invitation cards and publicity material.
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7.
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My company engaged a vendor to give us training. Since we paid for the training, can we
a. make copies of the materials and distribute them to staff who did not attend the training?
b. make a video-recording of the training sessions to show the staff who did not attend the training?
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a. As original training materials are protected by copyright, they can only be reproduced with the permission of the copyright owner or if it is a situation of "fair dealing .". Check the agreement between your company and the vendor. For example, was it agreed that the training fee includes the right for your company to make copies of the training materials and a video-recording of the training? Or, during the training, did the trainer indicate on behalf of the vendor that your company is free to make copies of the materials for internal use?
b. Further, the trainer may deliver the training based on a prepared script, which is also protected by copyright. Video-recordings of such training are considered to reproduce the underlying literary work. Hence, when in doubt, you should check with the company whether video-recording is allowed.
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8.
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My company commissioned a graphics designer to design the invitation cards and publicity posters for a product launch. To save costs, can I "recycle" the artwork for another event e.g. by simply changing the event details on the material?
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It depends on what was agreed between your company and the graphics designer on the use of the artwork and/or ownership of copyright in the artwork.
If there was no agreement on this issue, the default position is that the graphics designer (or his company, if he is an employee) owns the copyright. If so, you should only "recycle" the designs with permission as this involves making copies of the artwork. Even though the event details will be changed, a substantial part of the artwork would have been copied and this is enough to infringe copyright.
In general, it is best to ensure at the outset that the terms of the engagement suit your company's needs e.g. with allowance for multiple use in future or with copyright to be owned by your company, at an agreed price.
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9.
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I was interviewed by a journalist who then published a feature in the newspaper on my company. Can I use the published feature for my company's publicity e.g. in emails to business associates, in our annual report, on our company website etc.?
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It depends on what you mean by "use". If, in your publicity, you merely refer to the fact that the newspaper featured your company, you do not need the newspaper's permission to do so.
However, if you reproduce the newspaper feature in your publicity material, you will need the copyright owner's consent to do so unless it is a situation of "fair dealing". The copyright owner may be the newspaper itself, or the feature writer, especially if he/she is a freelancer. You should check with the newspaper if in doubt.
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10.
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I provide photography services. Do I own the copyright to the photos that I take for my clients? If I don't, is there any way that I can own the copyright? I want to showcase the best photos in my website and brochures.
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In general, clients who pay for your services own the copyright to the photos taken. However, you have limited rights in that if the photos are required for any particular purpose (e.g. a corporate client wants glamour shots of the senior management, to use in its annual report), your clients should tell you and you are entitled to prevent the photos from being used for other purposes.
In practice, however, many photographers have their own terms of engagement with clients. The parties are free to have their own agreement, which automatically overrides the above default position. Thus, for example, you and your clients can mutually agree that you will own the copyright in the photos but that your clients can use the photos for certain purposes; or that your clients own the copyright but you have the license to reproduce the photos in your website and brochures.
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11.
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I own a music CD retail shop. To promote the latest music CDs, I often play them in my shop. I was told recently that I may be infringing copyright. Is this true? If so, what should I do?
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When you play music CDs in your retail shop, you are actually "performing" the copyright works in public. This is something that only the copyright owners of the music and lyrics have the right to do, so you will need their consent.
You may wonder how to get consent when there are so many different music CDs sold in your shop. There is a relatively easy way to do so. COMPASS (Composers and Authors Society of Singapore) represents most of these song writers and lyricists and is authorized to collect royalties for them in return for consent to play the music publicly. You can get more details from its website..
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12.
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What can I do if I suspect that another company has infringed my company's copyright? On the other hand, what can I do if I am accused of infringing another company's copyright?
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If you suspect that your company's copyright has been infringed, you should get legal advice on the options available in your particular case. As copyright is a private right, copyright owners generally have to take action themselves. There is no government body as such to help you get your compensation.
As a practical point, you should get as many facts about the suspected infringement as possible so that your legal advisor can better advise you. If you threaten legal action without grounds, the party you suspect has infringed your copyright can sue you for groundless threats of legal proceedings. This is why it is important to get your facts right and to have a legal advisor properly advise you.
If you are accused of infringing another company's copyright, you should likewise get hold of the relevant facts and seek legal advice.
Finally, whether you suspect or are suspected of copyright infringement, going to court is not the only way to deal with the matter. For example, in cases of unintentional infringement, both parties may be more willing and find it more cost- and time-effective to negotiate a private settlement out of court. They may also wish to rope in a mediator in their talks. Mediation services are provided by the Singapore Mediation Centre. For more information, please visit the Singapore Mediation Centre website..
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13.
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If my employee infringes copyright, e.g. while at work, he illegally uploads music to the Internet, as the employer, am I also responsible for my employee's action?
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In general, an employer may be held responsible for an employee's wrongdoing committed in the course of employment. Copyright owners might sue both the employee and employer for copyright infringement committed by the employee.
Furthermore, if a criminal offence is committed by a company, its directors, managers, secretaries and other similar officers are also personally responsible if the infringement is committed with their consent or connivance.
Practically, an employer should foster a working environment that respects intellectual property rights to minimize the risk (please refer to the next FAQ).
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14.
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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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15.
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I own a graphics design firm. I am told that I can exploit the copyright in my works by licensing it to other companies. How should I go about doing so?
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Indeed, copyright, like many other types of property, can be licensed by the copyright owner to others. Licensing is a useful way to get more mileage from your copyright (another way is to sell it outright).
As copyright is a private right, it is up to you and your potential licensees to negotiate the terms of the licence.
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16.
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My company hired an external web designer to create our corporate website. The website was designed to our satisfaction. Subsequently, a third party sends notice to my company that it is the copyright owner of the pictures used in our corporate website. It claims that copyright infringement has taken place, because the pictures from its website have been taken and used without permission.
a. Can the third party take action against my company for copyright infringement committed by the external web designer?
b. Is it possible to reduce my liability in such situations?
c. How do I check whether I am permitted to use a copyrighted work found on someone else’s website for my intended purposes?
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a. Artistic works, such as photographs, pictures and drawings are protected by copyright. This protection continues to exist where artistic works are distributed and shown over the Internet. You cannot assume you have permission to use the pictures even if the pictures have been posted on a website.
When someone saves a copy of a picture from a website onto his or her computer, a reproduction of that picture is made. The act of making a reproduction of the picture without the copyright owner’s permission potentially infringes the owner’s rights, subject to fair dealing and other exceptions. Subsequently, when he or she uploads that saved copy of the photograph onto his or her own website without the owner’s permission, he or she is potentially infringing on the communication rights of the copyright owner, subject to the same exceptions mentioned above.
By engaging the services of the external web designer, you may also be liable for any infringing acts the web designer commits in creating the website, if it can be shown that you have authorized the infringing act. Whether or not you have authorized the infringing act will be determined by the courts, on a case by case basis with reference to the facts presented. For example, if you had knowledge that the external web designer was intending to infringe copyright, you could be found to authorize the infringing act.
When your company receives a letter accusing it of infringing someone else's copyright, you should obtain the relevant facts and seek legal advice. You can consider settling disputes through other means instead of going to court. For instance, where infringement has occurred unintentionally, both parties may find it more useful and cost- and time-effective to negotiate a private settlement out of court. They may also wish to seek mediation services, such as those provided by the Singapore Mediation Centre.
b. There may be an element of risk when companies hire external vendors to create copyrighted works, since they may not have entire control over the actions of such vendors.
During the negotiation phase, companies should make clear to their vendors that copyright must be respected. If the vendor uses copyrighted material (e.g. photographs, graphics, text etc.) to create the websites, written approval from the relevant copyright owners should be obtained. As far as possible, all such correspondences should be reflected in writing. Companies may wish to keep a copy of all relevant consents in their records.
Companies may also wish to engage the services of a lawyer. A lawyer will be able to advise the company on ways to limit legal exposure, for instance, by advising on steps to obtain IP clearances, inserting appropriate indemnities by the vendor and other contract provisions that limit exposure.
c. Many websites contain terms of use, which may include what can or cannot be done in relation to the material found on a website. If the terms of use do not cover your intended use, you should contact the website owner and seek permission from the relevant copyright owners (which may or may not be the website owner).
If the website’s terms of use do not cover your intended use or the website owner does not respond to your request for use, it may be better to seek other alternative sources of material. The consequences of infringing someone else’s copyrighted work, even if accidental, may not be worth the risk.
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