The document explains copyright protection for various types of artistic works, including literature, music, and visual arts, essential for ensuring authors' exclusive rights to reproduce and adapt their creations. It details the criteria for copyright eligibility, how copyright is automatically granted in Singapore, and what is not protected under copyright law. Additionally, it addresses the implications of infringement and the conditions under which material can be used, such as fair dealing and the necessity of obtaining permission from copyright owners.

1. COPYRIGHT FOR ARTISTS
Benjamin Ang visual-lawschool.blogspot.com

2. What is Copyright?
What are your rights?
How can we share or re-use?
Case Study
What is copyright?

3. What copyright protects
Copyright protects works like novels, computer programs, plays, sheet music and paintings
For a work to be protected by copyright, it has to be
original and
expressed in a tangible form such as in a recording or in writing.
Originality simply means that there is a degree of independent effort in the creation of the work.
It is not a question of whether the work has creative merit.

4. How copyright is created
In Singapore, an author automatically enjoys copyright protection as soon as he creates and expresses his work in a tangible form.
There is no need to file for registration to get copyright protection.
A copyright work created by a Singapore citizen or resident is protected in many countries overseas by virtue of international agreements
The use of the symbol © is simply a notice of a claim by the copyright owner that copyright exists. It does not give the copyright owner any substantive right and is therefore not crucial

5. Authors Works that are protected
Type
Example
Literary
Written works / Books
Articles in journals or newspapers
Lyrics in songs
Source codes of computer programs
Dramatic
Scripts for films & drama (as applied)
Choreographic scripts for shows or dance
Musical
Melody
Artistic
Paintings
Drawings
Photographs
Works of artistic craftsmanship, e.g. designer furniture that is not mass produced

6. Copyright Protects Literature

7. Copyright Protects Drama…

8. Copyright Protects Artistic Works

9. Artistic Works and Works of Artistic Craftsmanship
Paintings
Drawings
Photographs
Regardless of artistic value!
Must be artistic
Must have craftsmanship
Artistic Works
Artistic Craftsmanship

10. Is this protected?

11. Copyright Protects Music

12. Entrepreneurial works that are protected
Type
Example
Published editions
Typographic arrangements of a published work
Sound recordings
sounds recorded on tapes, CDs, etc
Films
visual images and sounds recorded on tapes,
video compact discs, digital versatile discs
TV and radio
Broadcasts
TV and radio Broadcasts
Cable programmes
Programmes (visual images and sound) included in a cable
programme service sent by means of a telecommunication
System
Performances
By performers such as musicians, singers and comedians

13. Copyright Protects Recordings…

14. Copyright Protects Publications…

15. What is Not Protected by Copyright
Ideas (e.g.the );
Concepts (e.g. an idea for a new game show that has not been written down);
Discoveries (e.g. research that has not been known before);
Procedures (e.g. steps for applying for a travel visa);
Methods (e.g. the unique solution to a mathematical problem);
Subject matter that has not been made tangible in a recording or writing (e.g. a speech or a dance that has not been written or recorded); and
Subject matter which is not of original authorship (e.g. historical facts).

16. Is this protected?

17. What is Copyright?
What are your rights?
How can we share or re-use?
Case Study
What are your rights?

18. Exclusive Rights
The author of a copyright work has the exclusive right to
reproduce,
publish,
perform,
communicate and
adapt his work.
These rights enable a copyright owner to control the commercial exploitation of his work.

19. What you can do with rights
Copyright is a form of property.
It can be licensed or transferred,
either as an entire bundle (all of the rights)
or as a single right (e.g. only the right to adapt)
Adaptation

20. Rights in Classical Works
•Make 2D versions of 3D works
•Make 3D versions of 2D works

21. How long these rights last

22. How to use copyright works
Consent is needed to do anything that only the copyright owner has the exclusive right to do (e.g. reproduce the work).
Merely acknowledging the source when one uses the work is insufficient.
To obtain consent from copyright owners, one may:
contact the copyright owners directly and negotiate for a licence to use the copyright work; or
obtain a licence through a collecting society.
No consent = infringement

23. Primary Infringement
Infringement occurs when one has not obtained consent from the copyright owner to do something that only the copyright owner has the exclusive right to do.
photocopies an article without consent

24. Don’t infringe these rights
Reproducing
Adapting
Publishing

25. Primary Infringement of Substantial Amount
One does not need to have reproduced the entire copyright work - as long as a SUBSTANTIAL AMOUNT of the original work has been copied.
SUBSTANTIAL AMOUNT is not measured merely in terms of the quantity that has been copied.
The Court also takes into account the nature of the portion that has been copied or reproduced.
If the portion copied is an important part of the copyright work, the Court may say that a substantial amount has been copied

26. Secondary Infringement
Infringement also occurs when one deals commercially with infringing copies, e.g. if a person:
a) imports infringing copies for sale or distribution;
b) sells (including distribution for trade or any other purpose)
or lets for hire infringing copies; or
c) offers infringing copies for sale or hire by way of trade.

27. Don’t infringe these rights
Importing
Selling
Offering

28. Fair Dealing
Copying the whole or a part of a copyright work is permissible if it is a “fair dealing”.
Factors that will be taken into account
Purpose and character of the dealing (e.g. commercial nature? non-profit? Educational?);
Nature of the work;
Amount and substantiality of the part copied taken in relation to the whole work;
Effect of the dealing upon the potential market;
The possibility of obtaining the work within a reasonable time at an ordinary commercial price.

29. Fair Dealing Examples
Fair dealing = up to 10% of the number of pages or 1 chapter, whichever is the greater
Fair dealing = acknowledgment of the work
“research or study”
“criticism, review or reporting”

30. Is this allowed?

31. Is this allowed?
What about publishing an advertisement that shows the difference?

32. What is Copyright?
What are your rights?
How can we share or re-use?
Case Study
How can we share and re-use?

33. Permission from Copyright Owners
Can you use this image from singapore.sg ?

34. Permission from Copyright Owners
“Terms of Use …. You also grant other users and members of the public a world-wide, royalty free, non-revocable and non-exclusive licence to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content for non- commercial purposes. Non-commercial purposes include but are not limited to academic presentations, private research, study, criticism and review, any charitable purpose and any purpose that is solely for public benefit.” Source: Singapore.sg http://app.singapore.sg/terms-of-use

35. Public Domain = no control
Intellectual property rights have expired or are inapplicable. E.g.
The plays of Shakespeare
The music of Beethoven
Most of the early silent films
Formulae of Newtonian physics
Sources
Wikimedia Commons
Pixelbay

36. Creative Commons = some control

37. What does this allow?

38. Case Study

39. Hercules

40. Freedom Formula