infoJustice

Singapore’s new Copyright Act came into force on November 21. The law was amended to keep up with changes in ICT technology that affect the creation and consumption of copyrighted works. The Intellectual Property Office of Singapore has posted a good overview, and three more detailed descriptions. The text of the law can be found here.

This post highlights three changes to the limitations and exceptions that may be of interest to InfoJustice’s readers.

1. Computational uses

The Copyright Act 2021 includes a new exception for computations uses including text and data mining, and the training stage of machine learning. While there was previously no specific exception for computational uses, Singapore’s broad fair dealing exception may have offered some protection. The new exception provides certainty – it explicitly protects computational uses of lawfully acquired, non-infringing works. Works used under this exceptions may not be used for any purpose other than computational analysis. They can be shared with research collaborators. Private contracts cannot restrict this new right.

2. Fair use

Singapore’s previous law included a broad fair dealing right that allowed general uses based on a factor test. The factors included the four found in U.S. law; purpose and character of the use, nature of the work used, amount of the work used, and the potential impact on the a work’s market . It also included a fifth factor – the possibility of obtaining the work at an “ordinary commercial price.” Singapore’s new law removed this fifth factor from the law, which was a change suggested by PIJIP and others during the country’s copyright review. It also changes the title of this exception from “fair dealing” to “fair use.”

3. Educational uses

The previous law was written to allow educational uses of printed materials, and it was unclear to what extent it applied to online works. The new law clarifies that teachers and students can use freely available online materials for educational purposes, including home-based education. The works must be communicated over a network that is only accessible to the teachers and students.