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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

ccmixter

Flickr (search for CC licensed works, not all are CC!!)

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

"The Commons" on Flickr

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

Educational Purpose = use in course of instruction OR storage in Library.

Educational Institution = "... does NOT include an institution that is conducted for the profit, direct or indirect, of an individual or individuals"

"Reasonable Portion"

"10%": a LOWER limit, not upper limit ("Without limiting the meaning of the expression" ie. justification required beyond 10% threshold; 10% & Below considered reasonable under law)

Fair Dealing

Fair Dealing in Works: ss. 35-37

IF for research / study, making a Copy of a Reasonable Portion = fair dealing. Making a copy of the whole of an article = fair dealing.

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.

"Copyright-Free" in 2017 for photographs taken in: 1946 and earlier. ("70 years" starts to run on 1/1/1947, expires on commencement of 1/1/2017.)

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

Protection is 25, 50 or 70 years (depending on the subject matter) from end of the performance, publication, release or first transmission year., Eg. Films now in public domain: "critical year" is 1946. Most of Charlie Chaplin's movies. Gone with the Wind. Wizard of Oz. Casablanca. Movies with Humphrey Bogart, Lauren Bacall, Ginger Rogers.

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.

AS long as only a transient, streaming copy is made, it is not infringement. HOWEVER, uploading video-content in a permanent file, to be distributed via MEL or some other content-sharing platform, whether inside a Powerpoint presentation or as a standalone file, would NOT be covered (exempted from a charge of copyright infringement) under s.193E.

Works vs Subject Matter Other than Works

Works

Literary, Includes computer code

Dramatic

Musical, Means MUSIC only, not lyrics (lyrics = literary works)

Artistic, Includes photographs

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.

Published editions

Sound recordings

Films

TV & radio broadcasts

Cable TV programmes

Performances

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.51 Multiple Copying of Insubstantial Portions, not more than 5 of the pages of a work in an edition of the work OR a) there are more than 500 pages in the edition; and (b) total number of pages copied does not exceed 5% of the total number of pages in the edition., Wait 14 days before you can take advantage of this provision again.

s.52 Multiple Copying of Reasonable Portion (or Whole of an Article) FILL IN THE MULTIPLE COPYING DECLARATION FORM FIRST!!, Can make multiple copies of Whole of an article, or more than one article in same periodical, on same topic., Different articles from same periodical, on different topics, NOT allowed under this provision., Can make multiple copies of reasonable portion of a book., Get the MCDF from your Institution's Library. May be a softcopy form., Application to illustrations accompanying articles and other works 53.Where an article or other literary, dramatic or musical work is accompanied by an artistic work or artistic works provided for the purpose of explaining or illustrating the article or other work, the provisions of this Division shall apply as if — ... included a reference to any copyright in that artistic work or those artistic works; ... included a reference to a copy of that part of the article or other work together with a copy of the artistic work or artistic works provided for the purpose of explaining or illustrating that part; etc., Applies to multiple COMMUNICATION as well (posting on an LMS, mass-email, MMS, Facebook, WhatsApp) ie. need to fill in the form, need to keep to "reasonable portion" / whole article limits

s.45 Copying of Whole of Unavailable Work: work is not commercially available (out of print) - Library must make copy on behalf of user.

Off-air recordings, GET LIBRARY TO RECORD FOR YOU. "Use of broadcasts for educational purposes" 115.The making of a record of a sound broadcast or a cinematograph film of a television broadcast or of a cable programme does not constitute an infringement of copyright in a work or sound recording or cinematograph film included in the broadcast or programme, or an infringement of copyright in the broadcast or programme, if — (a) the record or cinematograph film is made by, or on behalf of, the person or authority in charge of an educational institution; and (b) the record or cinematograph film is not used except in the course of instruction at that institution.

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

When a Performance is NOT Public: when it is Sanctioned by the Educational Institution

Applies for lectures, tutorials, any delivery of a literary, dramatic or musical work in a physical performance., 23.—(1) Where a musical work is performed by the students or staff of an educational institution in the premises of the institution or elsewhere in the presence of an audience and is so performed in the course of the activities of the institution, the performance shall, for the purposes of this Act, be deemed not to be a performance in public. (2) Where a literary or dramatic work is performed by the students or staff of an educational institution in the premises of the institution or elsewhere in the presence of an audience and is so performed in the course of the activities of the institution, the performance shall, for the purposes of this Act, be deemed not to be a performance in public if the audience is limited to persons who are taking part in the instruction or are otherwise directly connected with the place where the instruction is given.

Location does not matter; Audience does.

Music without Lyrics: any audience is OK

Music WITH Lyrics: audience must be limited to students, connected persons, parent, guardian, brother or sister, same rules apply to films (DVDs etc.)

s.22: A Communication to the Public is not a Performance. Communication right (right to control communication of copyrighted work to the public) is not considered in s.23, Communication = transmission, broadcast, Internet, use of electronic media, not "live" performance

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.

But they cannot sell it, and they cannot publish it eg. on Youtube, without your prior permission., Designed for protection of concert performers against "bootleg recordings", This is the extent of your protection under Copyright.

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.