WHAT EVERY BUSINESS NEEDS TO KNOW ABOUT
SINGAPORE’S NEW COPYRIGHT LAW

Prior to 1st January 2005
Copyright law in Singapore at present makes the manufacture, sale, exhibition, importation and distribution of copyright infringing copies a criminal offence. An example is where a shop sells pirated CDs or where a person brings into Singapore pirated CDs. You would have read in the papers that many offenders have been caught by the police and jailed for these crimes.

What about using unlicensed or pirated software in the office?
Before 1st January 2005, the copying of and use of infringing copies not intended for sale is not a criminal offence although it still exposes the company or person carrying out these activities to civil suits filed by copyright owners for, amongst others, damages and costs.

What’s changing after 1st January 2005?
The Copyright Act was recently amended and will come into effect on 1 January 2005. From 1 January 2005, any willful copyright infringement by a person or company to obtain a commercial advantage will be a criminal offence. A person or company will be taken to have done an act for a commercial advantage if it is done to obtain a direct advantage, benefit or financial gain for a business or trade carried on by him or the company. This means, from 1st January 2005, based on the above factors, it will be a criminal offence to use unlicensed or pirated software in the office!

Who will enforce the new Copyright Law?
The Singapore Police have the authority to enforce the new Copyright Law. Companies caught by the Police would then face prosecution in a Court of law.

What are the Penalties / Liabilities?
First time offenders may be subject to a fine of up to $20,000 or imprisonment of up to 6 months or both. Repeat offenders face stiffer punishment in the form of a fine of up to $50,000 or to imprisonment of up to 3 years or both. In addition, the changes also introduce a new form of damages which the copyright owner may claim against an infringer under a civil suit. Under the new law, an infringer could be required to pay up to $10,000 for each work infringed or up to $200,000. If the copyright owner can prove he has suffered greater loss, a higher amount of damages may even be awarded.