Singapore: First Reading of the Copyright Bill

The Second Reading of the Bill will be in September 2021

In brief

On 6 July 2021, the Singapore parliament tabled the Copyright Bill for the First Reading. The Bill introduces key changes and is the first amendment of copyright legislation drafted since 2011.

The Copyright Bill has been tabled after a public consultation on the proposed Copyright Bill, which we have previously discussed in our earlier update, Singapore: Ministry of Law and IPOS seek public feedback on proposed Copyright Bill (23 March 2021), in which we summarized the key proposed changes.

The Second Reading of the Bill will be on the first available sitting in September 2021.

While there have been minimal changes to the Copyright Bill from the proposed Copyright Bill, there has been one salient change to the threshold to establishing liability for selling illicit streaming devices in breach of copyright. The threshold for this offence is detailed in this client update.


Contents

Key takeaways

The key changes introduced by the Copyright Bill have been discussed in our earlier update, Singapore: Ministry of Law and IPOS seek public feedback on proposed Copyright Bill (23 March 2021). In summary, the Copyright Bill introduces the following key changes:

  • Introduction of new rights and remedies for creators and performers.
  • New exceptions to copyright owners’ rights, known as 'permitted uses'.
  • A thematic structuring of provisions, with an aim to enhance the Copyright Act's clarity and accessibility.

Since its proposal, the Copyright Bill has introduced an amended threshold for the offence of selling illicit streaming devices that now covers situations where sellers sell 'empty' streaming devices (e.g., set-top boxes) without infringing apps or works for the buyer to install later.

*****

For further information and to discuss what this development might mean for you, please get in touch with your usual Baker McKenzie contact.

Threshold for offence of sale of illicit streaming devices amended

Previously under the proposed Copyright Bill, criminal liability was proposed to be imposed on persons who make or distribute devices that allow for the streaming of audio-visual content that provides access to a 'flagrantly infringing online location'.

This threshold has since been changed, and a person will be liable for an offence if they make or distribute devices that allow for access to copyright works where they have knowledge that the device or service is capable of facilitating access to copyright works without authorisation and has only a limited commercially significant purpose or use other than that capability.

This expansion will therefore cover situations where sellers sell 'empty' streaming devices (e.g., set-top boxes) without infringing apps or works for the buyer to install later, and is a welcome further protection for right-holders.

LOGO_Wong&Leow_Singapore

Baker McKenzie Wong & Leow is a member firm of Baker & McKenzie International, a global law firm with member law firms around the world. In accordance with the common terminology used in professional service organizations, reference to a "partner" means a person who is a partner or equivalent in such a law firm. Similarly, reference to an "office" means an office of any such law firm. This may qualify as "Attorney Advertising" requiring notice in some jurisdictions. Prior results do not guarantee a similar outcome.

Contact Information

Copyright © 2023 Baker & McKenzie. All rights reserved. Ownership: This documentation and content (Content) is a proprietary resource owned exclusively by Baker McKenzie (meaning Baker & McKenzie International and its member firms). The Content is protected under international copyright conventions. Use of this Content does not of itself create a contractual relationship, nor any attorney/client relationship, between Baker McKenzie and any person. Non-reliance and exclusion: All Content is for informational purposes only and may not reflect the most current legal and regulatory developments. All summaries of the laws, regulations and practice are subject to change. The Content is not offered as legal or professional advice for any specific matter. It is not intended to be a substitute for reference to (and compliance with) the detailed provisions of applicable laws, rules, regulations or forms. Legal advice should always be sought before taking any action or refraining from taking any action based on any Content. Baker McKenzie and the editors and the contributing authors do not guarantee the accuracy of the Content and expressly disclaim any and all liability to any person in respect of the consequences of anything done or permitted to be done or omitted to be done wholly or partly in reliance upon the whole or any part of the Content. The Content may contain links to external websites and external websites may link to the Content. Baker McKenzie is not responsible for the content or operation of any such external sites and disclaims all liability, howsoever occurring, in respect of the content or operation of any such external websites. Attorney Advertising: This Content may qualify as “Attorney Advertising” requiring notice in some jurisdictions. To the extent that this Content may qualify as Attorney Advertising, PRIOR RESULTS DO NOT GUARANTEE A SIMILAR OUTCOME. Reproduction: Reproduction of reasonable portions of the Content is permitted provided that (i) such reproductions are made available free of charge and for non-commercial purposes, (ii) such reproductions are properly attributed to Baker McKenzie, (iii) the portion of the Content being reproduced is not altered or made available in a manner that modifies the Content or presents the Content being reproduced in a false light and (iv) notice is made to the disclaimers included on the Content. The permission to re-copy does not allow for incorporation of any substantial portion of the Content in any work or publication, whether in hard copy, electronic or any other form or for commercial purposes.