Monday, May 10, 2010

Intellectual Property - Copyrights

This issue (Copyright Licences for Music and/or Videos at Your Business
) came up quite unexpectedly from the news. And there is a lot of discussion on this but it all came from a professional photographer and videographer point of view.

Nobody seems interested in taking care of the wedding couple's point of view.

So to draw the line between facts and myth. Here are extract from the IPOS website which i think applies.

When is a licence not required?

The Copyright Act provides for exceptions for "fair dealing" in the use of copyrighted works. The fair dealing exceptions can be found in section 35 to 40A of the Copyright Act (Cap. 63). When these exceptions apply, there is no need to obtain permission to use copyright works within the parameters of these exceptions. It is advisable to check with your own legal counsel about the applicability of these exceptions to your business.

Why do I sometimes have to approach more than one collective management organisation?

Each collective management organisation is authorised by the rights owner to administer particular rights on his/her behalf. If your activity requires the use of several rights, you will need to approach the societies administering those rights. For example, if you make your own collection of songs for your CD and play it during a fun fair, you will need to obtain reproduction licences from RIPS, and MPS, to make your CD and a public performance licence from COMPASS to play the musical works publicly.

How long would it take to get a licence?

Depending on the nature of the licence application, the collective management organisations could get back to you to clarify some details. Based on feedback by the collective management organisations, the following is the estimated time lines for the various collective management organisations to reply to your enquiry:
COMPASS: 7-60 days
MPS: 7-14 days
RIPS: 7-14 days
InnoForm Entertainment Pte Ltd: 7 working days


Fair Dealing
Under the provisions of the Copyright Act, copying the whole or a part of a copyright work is permissible as long as it is a 'fair dealing'. Factors that will be taken into account in deciding whether such copying is a fair dealing include the following:
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;
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 within a reasonable time at an ordinary commercial price.
Where the copying is for the specific purposes of research or study, it shall be taken to be a fair dealing as long as the copying limits are observed. For a published work of at least 10 pages, the copying limits are up to 10% of the number of pages or one chapter, whichever is the greater.

In other cases, fair dealings for the purposes of criticism, review or reporting current events would not constitute copyright infringement. In the case of criticism or review and the reporting of current events in a newspaper, magazine or similar periodical, a sufficient acknowledgment of the work is required.


Solitairebrides take:
The magic word is "fair dealing". I hope that means good news for me.
My wedding is not commercial affair bah? And my montage is going to be done by myself. Surely, fair dealing applies? Any lawyers out there care to shed some light?

2 comments:

  1. i think hilton will not allow you to play unless you show them some form of licensing (shin24 from sgbrides here)

    ReplyDelete
  2. how do you know xy? Hilton told that to you/your friends? do you know if any other hotels have that imposition?

    ReplyDelete