a. Yes, you can do so for your own private and domestic use. This is an exception recognised under our copyright law. b. You may do so if the viewing of the programme at a party or other gathering is regarded as your private and domestic use. What is private and domestic use often depends on the facts. For example, if you only invite a select group of friends and relatives to a gathering, then it is more likely that the viewing of the recorded programme will be considered as private and domestic. On the other hand, if you invite a large group of friends and then permit those friends to invite their own friends, then it is more likely that the viewing of the recorded programme will be considered to be seen in public. In such a situation, there is copyright infringement. It is important to bear in mind that a recording might be seen in public even on private property (e.g. party held in function room of a private condominium).As an alternative, you may instead choose to watch the actual television broadcast or cablecast during the party. This is allowed under our copyright law if the audience is non-paying.
a. Buying an original movie DVD gives you a licence to use it according to law; you still do not own the copyright in it. Generally, you may invite friends and family members to watch the DVD with you, if this does not amount to causing the movie to be seen in public. What amounts to causing the movie to be seen in public often depends on the facts. For example, if you only invite a select group of friends and relatives to your home to watch the movie, then it is less likely that you will be considered as causing the movie to be seen in public. On the other hand, if you invite a large group of friends and then permit those friends to invite their own friends to your home to watch the movie, then it is more likely that you will be considered as causing the movie to be seen in public. In such a situation, there is copyright infringement. A movie might be seen in public even on private property (e.g. gathering held in function room of a private condominium). b. Likewise, renting a movie DVD does not mean you own the copyright to it. You should read the terms and conditions of use that come with the movie DVD and ensure that your use falls within their scope. You may come across terms such as "For private domestic use only", which explicitly allow you to enjoy the movie privately in a domestic setting.In general, our copyright law recognises that the copyright owner, not the consumer, has the exclusive right to cause the movie to be seen in public. (Please see the answer to part (a) above for a discussion on what may amount to a movie being seen in public.)
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.
All 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 (c) 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 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. This consent may be found in the terms and conditions accompanying your CDs/VCDs/DVDs. For example, some record companies expressly state the number of copies you can make of the music on other devices (e.g. personal computers, MP3 players). If the terms and conditions do not address your intended use of the music, songs, videos and movies, you may also contact the copyright owners directly for consent.
In general, the maker of a video owns the copyright to it. When a video-recording is posted onto a website, a copy is made. This involves the reproduction right of the copyright owner. Further, the communication right is involved as the video is made available on the Internet. Thus, if you want to post the video-recording onto websites like YouTube and you are not the maker of the video, you should get the consent of the copyright owner.
Apart from copyright concerns, you may also want to consider Internet safety and privacy issues before posting the video-recording for the world at large to view.
