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Copyright & the Creative Commons. The Law in SINGAPORE. http://goo.gl/ac8vUM Created by Paul Ng for discussion in Copyright-related courses run by or at Ngee Ann Polytechnic, Singapore. Created 9 Jan 2014, updated 24 Jan 2017. by Mind Map: Copyright & the Creative Commons.  The Law in SINGAPORE. http://goo.gl/ac8vUM  Created by Paul Ng for discussion in Copyright-related courses run by or at Ngee Ann Polytechnic, Singapore.  Created 9 Jan 2014, updated 24 Jan 2017.
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Copyright & the Creative Commons. The Law in SINGAPORE. http://goo.gl/ac8vUM Created by Paul Ng for discussion in Copyright-related courses run by or at Ngee Ann Polytechnic, Singapore. Created 9 Jan 2014, updated 24 Jan 2017.

Audio Network:

Trademark Passing Off & Course of Trade

NP is a non profit stat body therefore generally not "in trade" ie business or profession ss27-28 Trademarks Act

Don't imply endorsement if there is none

"Copyright-free" resources

Creative Commons licensed works

US Govt works (strictly speaking copyright-free only to US citizens, but US Govt doesn't seem to mind)

Once-off payment: no restrictions thereafter ("royalty-free")

Works explicitly released to the public domain

Copyright has expired

The Copyright symbol

Has no legal effect. But good practice to serve notice to users of copyrighted material.

Work produced by staff

S.30: If produced in the course of employment, copyright belongs to employer. Subject to contract.

Students' work

NP does not automatically own copyright in students work. A matter of agreement.

s.107B & C: Digital Radio: non- subscription, non- interactive, public digital audio broadcasts of sound recordings

s.7 Interpretation

"Educational Institution" & Educational Purposes

"Reasonable Portion"

Fair Dealing

Fair Dealing in Works: ss. 35-37

Fair Dealing in Subject Matter other than Works: ss. 109-111

RESEARCH AND STUDY

NON PROFIT EDUCATION

Amount of copying

"Substantiality" of copying (which bits have you copied, actually?)

Effect of your copying, on the market or value of what you have copied

Was what you copied commercially available or eg. long out of print?

Criticism or review, with acknowledgement

Reporting news (in any case, please don't forget to acknowledge)

Duration of Copyright: Has COPYRIGHT EXPIRED?

Duration of Copyright in Works: s.28. Life of creator of work, + 70 years.

Duration of Copyright in Photographs: ss28 & .212. 70 years from expiry of year in which picture is published or taken.

Division 4: Duration of Copyright in Subject-Matter Other Than Works

s. 193E User Caching (hyperlinking, embedding)

Here "embed" means only a transient, streaming copy is made: it is just HTML code - hyperlinking to the content. If the source is deleted the content is lost. "Embed" does NOT involve downloading a permanent copy of the content onto a local hard disk and then inserting it into a Powerpoint file.

Works vs Subject Matter Other than Works

Works

Subject Matter Other Than Works: These are 1. TECHNOLOGY-based rights and 2. DERIVED from / BASED on an underlying Work eg. Edition of a Literary Work; Performance of a Musical Work. Duration of protection is shorter than for Works.

The Distinction between Copyright, and Moral Rights

a.k.a. the overlap between copyright and plagarism

False Attribution of Authorship is a breach of the Copyright Act: Part IX ss.187-193. Remedy: Injunction.

Copyright is an economic right; charge money to copy, or save money thru copying. MORAL right is the right to be identified as the author of the work or subject matter other than work; usually, this is not viewed as being of economic value (the money comes from the copying and resale of the work, or from saving cost by not having to buy a copy of the work; naming the author/creator is not usually thought of as having any monetary value).

NP IS NOT FOR PROFIT. THE NON PROFIT EDUCATION EXCEPTIONS

The "Library" Exceptions

s. 23 The Performance Right for Non Profit Educators. A performance is NOT a "public performance" if...

If it's still covered (within Duration) SOME GENERAL EXCEPTIONS

PERFORMANCES BY LECTURERS: "Performers' Protection"

s.22: Delivering a lecture = performance.

Performers' Protections under Part XII: s.246(1) Performance = live performance (communication via Internet excluded, not "performance" under this Part) - "whether in the presence of an audience or otherwise" (!!)

The following NOT performances for the purposes of this Part XII: (a) a performance referred to in section 23 (1) (ie. performance by educational institution students of music without lyrics); (b) reading, recital or delivery of "news and information"; (c) a performance of a sporting activity; (d) a participation in a performance as a member of an audience; (e) a performance in a National Day Parade in Singapore; or (f) any other performance as may be prescribed by the Minister.

ANY STUDENT CAN RECORD YOUR LECTURE FOR his/her own private & domestic use - under Copyright law.

IN fact, "exempt recordings" can be made for a very wide range of reasons, including by educational institutions for educational purposes eg. lecture capture for students unable to come to class; institutional learning & development departments making micro-teaching recordings.

This is only true under Copyright Law. Other areas of law eg. contract law; teachers' rights in class management; and real property owners' rights, eg. to control what guests within the property can do, are other issues.

Distinction between Copyright in Artistic Works and Registered Designs

Div 10 ss73-74: When design/pattern is applied to over 50 articles of manufacture = "mass produced": NO copyright exists in the design/pattern, only registered designs protection is available (shorter duration, must register for protection)

Explicit Permission to reproduce the work or use a copy of it in a certain manner: check the terms of use.

Date: 11/09/2013 10:16 PM Subject: RE: Dilbert.com "Permission to Use Strip" Inquiry 9/11/13 Dear Hwee, Thank you for your email. You may use up to (7) DILBERT cartoons in your classroom. Educational/Classroom Usage: There is no need to request permission if you wish to use a cartoon for educational or classroom usage. Classroom use refers to public and private schools, home schooling, dissertations, thesis papers and other restricted college usage only. They MAY NOT be used in presentations outside of the classroom, as handouts for non-student use or in any manner that is not a classroom setting. All other use will be charged a permission fee. You may use up to seven (7) cartoons per year at no costs as part of our fair use policy. If you wish to use more than seven, please contact us. There will be a fee of $25.00 (USD) per cartoon over seven. please note: Calvin and Hobbes cartoons cannot be used on web pages, on-line, email or intranet - no exceptions. For Better or For Worse: Only five comics per year may be used within the context of educational fair use. Off the Mark: If educational rights/usage is needed for OFF THE MARK cartoons by Mark Parisi, please go to www.offthemark.com. Images may be used in the classroom for the following uses: Overheads Syllabi Reprinted on tests or assignment papers Passed out for sharing during lectures Other uses within the classroom only Use in thesis, doctorates, etc. for the library catalog-sharing projects. They MAY NOT be used in presentations outside of the classroom, as handouts for non-student use or in any manner that is not a classroom setting. As long as you do not abuse the permission or the creators work, we are glad to offer it free of charge. All materials remain the property of Universal Uclick. All Rights Reserved. No changes, deletions or additions are to be made to the cartoon or text. You must reprint or post in its entirety. Please include the cartoonists name and the Universal Uclick name in the credit line. Let me know if you have any questions. Sincerely, Raegan Carmona Permissions Coordinator Universal Uclick 1130 Walnut St Kansas City MO 64106 P 816.581.7358 F 816.581.7395 rcarmona@amuniversal.com

Copyright = RIGHT TO CONTROL COPYING.

Education exceptions applicable to ALL educators, not just the nonprofit ones.

Things done for purposes of examination 52A. The copyright in a work is not infringed by anything done for the purposes of an examination, whether by way of setting the questions, communicating the questions to the candidates or answering the questions.

STUDENTS HAND COPYING WORKS: s.50A: Copying by non-reprographic means for purpose of a course of education 50A.—(1) Copyright in a work is not infringed by its being copied for the purposes of a course of education, provided the copying — (a) is done by a person conducting or undergoing the course of education; and (b) is not by means of a reprographic process.