PREPARED BY:
BARBARA PHILIP – JUNIOR SCHOOL LIBRARIAN
DECEMBER 2005

This report is written to share the information obtained at the Intellectual Property Office of Singapore (IPOS) training day, Intellectual Property (IP) for Educators - Copyright Issues, with the staff of the school and to assist in the adherence to copyright law within the school.

Director of Teaching and Learning Resource Centre
Director of Studies
Staff members



  • Information booklets and reports supplied by IPOS
  • Personal communications with See Tho Sok Yee, Senior Assistant Director / Legal Counsel, Strategic Planning Division, Intellectual Property Office Of Singapore
  • IPOS website

IPOS held a training day called Intellectual Property (IP) for Educators - Copyright Issues that was attended by two staff members from the school:
§ Barbara Philip – Junior School Librarian
§ Developer of Web-based Learning

The training session provided information on:
§ Copyright basics
§ Using the Internet, digitising resources
§ Exceptions for educational institutions
§ Responsibility for infringements

Seminar notes, were distributed at these training sessions and some are attached at the end of this document (see attachments). In addition some matters were clarified by See Tho Sok Yee who was the keynote speaker at the training day; part of this correspondence is also attached.

A summary of additional information obtained is as follows:


© Copyright is automatic and universal. Resources purchased overseas are subject to the copyright law of Singapore
© Literary, dramatic, artistic & musical works are generally protected for the life of the creator plus 70 years
© If a work is created by an employee in the course of their employment the
copyright is deemed to belong to the employer
© The employer may be liable for copyright breaches committed by their
employees
© There is no exception that allows the use of copyright material for personal use
© There is provision for fair dealing for research and study
Definition of fair dealing taken from http://www.ipos.gov.sg

Under the provisions for “fair dealing” in the Copyright Act, a certain amount of copying for legitimate purposes, such as for the purpose of research or study, is permissible as long as it is a “fair dealing”.

The following factors will be taken into account in deciding whether the use is a fair dealing:
· purpose and character of the dealing, including whether such dealing is of a commercial nature or is for non-profit educational purposes;
· nature of the work or adaptation e.g. for certain works, like photographs, a taking of any part can constitute a taking of the whole;
· amount and substantiality of the part copied taken in relation to the whole work;
· effect of the dealing upon the potential market for, or value of, the work;
· the possibility of obtaining the work or adaptation within a reasonable time at an ordinary commercial price.

In other cases, a fair dealing for the purpose of criticism or review; for the purpose reporting of current events; for the purpose of judicial proceedings or professional advice would not constitute an infringement. In the case of criticism or review and the reporting of current events, a sufficient acknowledgment of the work is required.
© There are provisions available to use material that is normally subject to
copyright through the purchase of licences
© The Creator’s moral rights must be protected at all times
© Each element (text, graphics, music) of a website has separate copyright issues to address
© Reproducing images from copyrighted material and distributing it via the
internet or intranet requires permission from the copyright holder
© Digitising resources for transmission is equivalent to reproducing hardcopy and is subject to the same copyright restrictions as print material
© Copying, lending and communicating material from radio, free to air television & cable television is permitted, provided the recording is made for, or on behalf of the person in charge of the educational institution & that the recording is used in the course of educational instruction at that institution
© It is permissible to make a copy of a computer program for back-up purposes.
These copies may not be loaned
© There are no circumstances where the technological measures put in place to
prevent copying by the copyright holder may be circumnavigated by the
purchaser.
© Commercially produced videos, CDROMs, DVDs, sound recordings are an
exception to the fair dealing rule of copyright and are not included in the
exceptions made for educational institutions. There is no provision for back up
copies to be made without permission from the copyright holder. Copies of
accompanying text material are subject to fair dealing.
© Copyright holders’ permission to stage plays, use music in concerts and musicals is required.
© Permission for exceptions to copyright can often be gained by purchasing a
licence from one of Singapore’s four collecting societies.
o Composers and Authors Society of Singapore (COMPASS) administers the music public performance rights for songwriters and lyricists.
o Recording Industry Performance Singapore Pte Ltd (RIPS) administers the public performance rights of the music videos and karaoke videos owned or controlled by the record companies represented by RIPS.
o Music Publishers (Singapore) Ltd (MPS) is an association of music publishing companies in Singapore. There are currently 12 companies in the association. These companies collectively control a number of rights to musical works in Singapore.
o The Copyright Licensing and Administration Society of Singapore Ltd (CLASS) administers the reproduction right of published literary works such as books, magazines, journals etc on behalf of authors and publishers. CLASS provides licences to allow photocopying of these works.

Reproduced from http://www.ipos.gov.sg/main/aboutip/copyright/seekpermission.html#1



The educational copying provisions are reasonably generous. With care and education the school community should be able to adhere to them with ease. The school should make their current licensing agreements known to staff to enable them to work with in the scope of these licences.



All Staff and Students should be made aware of the schools and their own obligations under copyright law.

Staff employed in areas where breaches are most likely to occur (library, photocopying and web development) should maintain their skills in copyright obligations and be supported by the school administration in their efforts to uphold the law.

Staff should be aware of the IPOS website http://www.ipos.gov.sg and the valuable links and resources available there, in particular the part of the site www.iperckidz.gov.sg that is available to assist in educating students in copyright law.

Web pages created for the school intra/internet should make it clear to the reader if information and images have been sourced elsewhere, and consideration should be given to addressing possible breaches of copyright.

Notices reminding users of their copyright obligations (see attachments for Australian model that could be adapted) should be placed in all areas where breaches might occur. (Scanners, photocopiers, computers, video/DVD recorders, etc.).

Current procedures regarding the making of back-up copies of resources should be analysed to assess if these procedures comply with copyright law.

The Chief Executive Officer should be aware that breaches of copyright occurring within the school are his responsibility and as such he can be held liable for any such breaches.
.
Barbara Philip
December 2005
REFERENCES
Australia. Australian Copyright Council. Notices on photocopiers and other
copying equipment. NSW: Australian Copyright Council, 2004. 6 Dec. 2005
<http://www.copyright.org.au/pdf/acc/InfoSheets/G040.pdf>.

Intellectual Property Office of Singapore. 6 Dec. 2005
<http://www.ipos.gov.sg/main/index.html>.

Intellectual Property Office of Singapore, and Iperckidz Team. Intellectual
Property for Educators. Intellectual Property Office of Singapore. Civil
Service College, Singapore. 18 Nov. 2005.

See Tho, Sok Yee, Ms. "Re: Copyright Issues." E-mail to Barbara Philip. Dec.
2005.

Extracts for correspondence between Sok Yee See Tho and Barbara Philip


See Tho Sok Yee (Ms)
Senior Assistant Director / Legal Counsel
Strategic Planning Division
Intellectual Property Office Of Singapore

DID: (65) 6331 6563
Fax: (65) 6339 0252

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.

Thus, if the conditions in the above section are satisfied, the act in
issue is deemed not to be copyright infringement.

Back-up copy of computer program, etc.
39. —(1) Subject to subsection (2), the copyright in a literary work being
a computer program is not infringed by the making of a reproduction of the
work, or of a computer program being an adaptation of the work, if —


(a) the reproduction is made by, or on behalf of, the owner of the copy
(referred to in this section as the original copy) from which the
reproduction is made; and


(b) the reproduction is made for the purpose only of being used, by or on
behalf of the owner of the original copy, in lieu of the original copy in
the event that the original copy is lost, destroyed or rendered unusable.


(2) Subsection (1) shall not apply to the making of a reproduc- tion of a
computer program, or of an adaptation of a computer program, from an
infringing copy of the computer program.
[6/98]



Back-up copies of commercially bought videos(ie, dvds, cds and cdroms)
It is within the exclusive right of the copyright owner to make a copy of the videos. It appears that the exceptions for libraries (such as sections 112, 113) do not cover such a scenario in respect of videos. Therefore, unless the terms and conditions of use permit, or the exceptions apply (for example fair dealing under section 109), you would have to obtain the consent of the copyright owner to take such a course of action.

Making complete copies of the accompanying material
that is sometimes packaged with a video (booklets, worksheets etc)


It is within the exclusive right of the copyright owner to reproduce such works. Therefore, unless the terms and conditions of use permit, or the exceptions apply (for example fair dealing under section 35), you would have to obtain the consent of the copyright owner to take such a course of action.

Compiling a video/dvd from clips taken from commercially produced
videos

It is within the exclusive right of the copyright owner to make a copy of the videos. Therefore, unless the terms and conditions of use permit, or the exceptions apply (for example fair dealing under section 109), you would have to obtain the consent of the copyright owner to take such a course of action.

Scanning a book covers or using an image of a book cover from the
Internet to use on my library catalogue or library blog. This would be less that 5% of the book or content of the webpage.


A book cover may be protectable as an artistic work under the Copyright
Act. In such a case, section 51 (from which I gather you got the 5%
reference) would not apply. Section 51 applies to literary or dramatic
works.

As it is within the exclusive right of the copyright owner to reproduce
works, unless the terms and conditions of use permit, or the exceptions
apply (for example fair dealing under section 35), you would have to obtain
the consent of the copyright owner to take such a course of action.

Purchasing videos and books overseas
Many overseas copyright works enjoy protection in Singapore by virtue of international agreements / treaties. Acts relating to copyright works which take place in Singapore are governed by Singapore law rather than the law of the country of purchase. You may find it helpful to refer to Slide 6 of the slides disseminated at the talk on 18 November 2005.

Audiotapes that say “These tapes may be copied for student
use” on them. Can I digitize them and make them available via the school’s intranet?


If the audiotapes are original, there appears to be permission to copy,
including making electronic copies by digitisation. You should however
take care to see if there are any other restrictions on copying, such as
the format (are soft copies excluded), or the quantities allowed.

Videos no longer available to purchase. Can I make a copy from one held in another library or that my friend has and add it to my collection?

It is within the exclusive right of the copyright owner to make a copy of the videos. It appears that the exceptions for libraries (such as sections 112, 113) do not cover such a scenario in respect of videos. Therefore, unless the terms and conditions of use of the video held in another library or belonging to your friend permit, or the exceptions apply (for example fair dealing under section 109), you would have to obtain the consent of the copyright owner to take such a course of action.

Scannning an article from a periodical (less than 10% of the whole
periodical) and put it on my intranet. I would acknowledge the source and put a copyright warning on it.


It is within the exclusive right of the copyright owner to reproduce such works. You may be able to avail yourself of section 35(3) if such copying of 1 article from a periodical is done for the purpose of research or study. This is where a presumption of fair dealing applies and the act accordingly does not amount to copyright infringement. Otherwise, unless the terms and conditions of use permit, or other exceptions apply (for example general fair dealing under section 35(2) or multiple copying or communication under statutory licence by educational institutions under section 52), you would have to obtain the consent of the copyright owner to take such a course of action.

Can I download an article from a subscription database and provide a copy to a colleague?

When one downloads material, a reproduction (albeit a soft copy) of the
work is made. Further, when you, say, e-mail that copy to your colleague, communication has taken place. It is within the exclusive right of the copyright owner to reproduce and communicate his copyright works. Therefore, unless the terms and conditions of your subscription permit, or the exceptions apply (for example fair dealing under section 35), you would have to obtain the consent of the copyright owner to take such a course of action. In cases of corporate subscription to databases, there could be some terms and conditions applicable to such a scenario.

If I locate an article in an online database that we subscribe to, can
I save that article and make it available on our intranet?


When one saves material from an online database and uploads it onto the
intranet, reproduction (albeit in electronic form) and communication of the work has taken place. It is within the exclusive right of the copyright owner to reproduce and communicate his copyright works. Therefore, unless the terms and conditions of your subscription permit, or the exceptions apply (for example fair dealing under section 35), you would have to obtain the consent of the copyright owner to take such a course of action. In cases of corporate subscription to databases, there could be some terms and conditions applicable to such a scenario.