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Changes At A Glance |
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New Right of
Communication for works |
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New Rights for
Producers of Sound Recordings |
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New Rights for
Performers |
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Removal and
alteration of rights management information |
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Technological
Measures protecting Copyrighted Works |
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Stronger
Enforcement Measures |
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Criminal Liability for wilful infringement of copyright |
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SECOND READING SPEECH BY DEPUTY PRIME MINISTER AND
MINISTER FOR LAW |
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Mr Speaker, Sir, I beg to move
“That the Bill be now read a second time.” |
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Overview |
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Mr Speaker Sir, Members of the House may recall
that in June this year, four Bills were enacted to strengthen our intellectual
property regime. At that time, I had informed the House that a further set of
amendments to the Copyright Act would be proposed later in the year. |
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Sir, this Bill seeks to amend the Copyright Act to
enhance and strengthen our copyright regime, particularly to ensure that our
copyright laws remain relevant in an age of rapid technological development. |
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Major amendments to the Act were last made in 1999
to keep pace with the emerging popularity of the online environment and the
growth of electronic commerce. Even then, I had said that the amendments would
by no means be the last word on the subject. |
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Today, we all are aware of the rapid pace of
technological advancement, particularly in the realm of digital technology.
Singapore’s information communications technology (or ICT) environment has
also correspondingly evolved. |
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In 1999, only 42% of Singapore households enjoyed
home Internet access. This has since increased to 65%, almost two-thirds of
all households. More households also have high speed access to the Internet –
some 40% of households have broadband access now compared to only 3% in 1999. |
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The amendment in the Bill address the needs of
both copyright owners and users in this new environment. The changes in the
Bill will also further strengthen Singapore’s position as an attractive
location for copyright-based activities. Several of the amendments in the Bill
also relate to our obligations under the United States – Singapore Free Trade
Agreement. |
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The proposed amendments Sir, are a result of a
2-year review of technological and international developments, and were
finalised only after extensive consultations with the relevant stakeholders. |
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Since June 2003, the Intellectual Property Office
of Singapore, IPOS, has chaired an IP Taskforce in order to obtain
well-rounded feedback. The Taskforce comprises members from business
associations such as the Association of Small and Medium Enterprises, and the
Singapore International Chamber of Commerce, as well as government statutory
boards such as the EDB and the Media Development Authority. |
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To complement the IP Taskforce, an inter-Ministry
committee comprising the relevant government agencies was also set up to
review the proposed amendments. |
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In proposing these amendments, we have sought to
strike a good balance between the interests of copyright owners and those of
the copyright users. We have taken into account legislation in other countries
including that of the United States, the United Kingdom, Australia and Canada. |
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We made available a consultation draft version of
the Bill on IPOS’ website, and IPOS invited further feedback through a public
seminar. We received useful feedback from several IP rights organisations,
user groups, the Law Society and experts in IP law. All the feedback was
carefully considered and modifications incorporated where relevant. The
Government is also committed to extensive public awareness initiatives. |
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Let me first deal with the amendments related to
enhancing the Copyright regime to meet the needs of copyright owners and users
in the new digital environment. |
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The first group of amendments introduces several
new rights, in recognition of changing business models in the digital realm. |
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New Rights |
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New Right of Communication for works |
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First, the new right of communication for works.
Sir, the Internet is becoming an increasingly important platform through which
copyright owners promote and disseminate their copyrighted works. Such digital
dissemination of works has become the basis for businesses such as home-grown
music distributor Soundbuzz. |
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The Bill introduces a new right to enable the
copyright owner to control the communication of his work to the public. |
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This new communication right encompasses both the
existing broadcasting and cable programme rights, and also the right to
control the dissemination of works on the Internet. This new right will enable
copyright owners or other entrepreneurs to fully leverage on the Internet
platform as a means to disseminate copyrighted material. |
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New Rights for Producers of Sound Recordings |
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Next, new rights for producers of sound
recordings. Likewise, Sir, Clause 20 provides, for producers of sound
recordings, a new right to publish a sound recording, and the right to make
available to the public a sound recording by means of, or as part of, a
digital audio transmission. |
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These new rights will enable producers of sound
recordings to control interactive transmissions of their recordings, and give
them greater confidence in the protection of their IP in this medium. |
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More..... |
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Source:
Ministry of Law Press Release 16 Nov 2004 |
Copyright (Amendment) Bill
