proposed changes to singapore copyright law (blocking websites) and comparison to dmca acta tpp
DESCRIPTION
Singapore copyright owners could find it easier to get court orders to block websites which infringe their copyright material end 2014, if proposed changes to the Copyright Act are passed as measures to act against pirate sites. But many questions remain: How easy will it be to get a site blocked? Should it be so easy? What can wrongly blocked (innocent) sites do? Will site blocking actually work? This easy to follow presentation outlines the proposed changes and compares them to DMCA, ACTA and TPP. Visit http://isoc.sg for more details. Share this with friends, colleagues and anyone who could be affected by changes to Internet access in SingaporeTRANSCRIPT
Proposed Changes to Singapore’s Copyright Law – Blocking Websites The Internet Society Forum and Webcast on the Proposed Amendments to the Copyright Act of Singapore, April 2014
PRESENT SITUATION IN SINGAPORE
• Rights holders issue “take-down” notice to a network service provider (“NSP”) or internet service provider (“ISP”)
Please disable access to / remove copyright
infringing material from your network.
RIGHTS HOLDER ISP / NSP
I’ll think about it
THE ISP / NSP MAY NOT RESPOND
• Rights holder needs to sue for copyright infringement
I will go to court to get an injunction against you for
copyright infringement
RIGHTS HOLDER ISP / NSP
But you will waste time and money, and your outcome is uncertain
Sigh. You are right.
PROPOSED ALTERNATIVE
• Rights holders can apply directly to the Courts
Please give me an injunction to prevent access to pirate sites
RIGHTS HOLDER
ISP / NSP
Yes, sir. I will block the sites.
You don’t need to show that ISPs’ committed
copyright infringement. So I’ll grant the injunction
HIGH COURT JUDGE
WHO CAN APPLY
Can I apply for an
injunction?
ISP / NSP
I can also present my case if I wish, and rights holders
will also need to notify the website owner.
Only if you are a rights holder or
exclusive licensee
HIGH COURT JUDGE
WHO IS AN "EGREGIOUS" ONLINE LOCATION
• Online locations which clearly and flagrantly infringe copyright,
• NOT search engines, e.g. Google or Yahoo,
• NOT websites based primarily on user-generated content, e.g. YouTube.
WHAT FACTORS ARE CONSIDERED
• (a) Whether the online location’s primary purpose is to commit or facilitate copyright infringement.
• (b) Whether the online location makes available, and/or contains directories, indexes or categories of, the means to commit copyright infringement.
• (c) Whether the owner of the online location demonstrates a disregard for copyright.
• (d) Whether access to the online location has been disabled by orders from the courts of other countries on grounds of or related to copyright infringement.
• (e) Whether the online location contains guides or instructions on circumventing measures that disable access to the online location.
• (f) The number of visitors to the online location.
APPEALS, DURATION, FOLLOW UP
• The injunction is permanent
• The site owners, ISPs or rights holders can appeal to the Court of Appeal
• An applicant can obtain another injunction if the original website has assumed a different IP address or URL
RIGHTS HOLDER
STOP!
COMPARISON WITH US LAWS AND TREATIES
DMCA (Digital Millennium Copyright Act)
• Service providers are not liable if
– The material was put online by someone else
– The service provider does not have knowledge
– Upon notification, he must respond expeditiously act to remove/ disable access
I’m sending you notice that you have infringing material
on your site
RIGHTS HOLDER ISP / NSP
I’ll respond expeditiously act to remove/ disable access
Good, otherwise you could be liable for infringement
DMCA Misrepresentations
I’m sending you notice
that you have infringing material on your site
RIGHTS HOLDER
ISP / NSP
I’ll respond expeditiously act to
remove/ disable access
Hey, you knowingly lied that my material was
infringing. It isn’t!
Oops. My bad
I will sue you for damages and lawyer’s fees!
Wrongly Accused
DMCA Counter Notice
Hey, the other guy knowingly lied that my material was infringing.
It isn’t!
Wrongly Accused
Send me a Counter-Notice and I’ll look into it
ISP / NSP
ACTA (Anti-Counterfeiting Trade Agreement)
• Singapore is a signatory, so we must amend our Copyright Act to comply
• Criticisms
– It was made in secret, not voted on
– It focuses on the rights of the content industry, not users
– It makes some copyright infringement into crimes (e.g. distribution on the Internet)
– It requires countries to have three strikes laws
– It requires courts to have 'provisional measures' with no immediate right of reply
ACTA: Three Strikes Laws
• If you get three CLAIMS of copyright infringement, you can lose access to the Internet
• These claims can be unproven, non-commercial claims
ISP / NSP
Sorry, this is the third time someone has claimed against you.
You will no longer have Internet access.
But I’m innocent! There’s no proof!
ACTA: Provisional Measures
• “Provisional measures” = actions taken by the court before a full trial is heard
But I didn’t have the chance to be heard in court!
I have to grant an injunction against you because the rights holder says any delay
is likely to cause irreparable harm
HIGH COURT JUDGE
TPP (Trans Pacific Partnership)
• Singapore is also a signatory, so we must amend our Copyright Act to comply
• Criticisms – It is being negotiated in secret (though leaked) – It could make the 1998 DCMA rules part of an international
treaty, so none of the signatories (including USA) can amend or update them
– It could provide copyright owners power over “buffer copies” – It would encourage implementation of three strikes laws – It could criminalize small scale infringement – It could reduce limitations and exceptions, e.g. fair use, use by
libraries preservation, and use of works in accessible formats by the disabled
• BUT: It’s a secret
What to do next
• Watch the presentations at http://isoc.sg and read the text that Internet Society (Singapore) has submitted to Ministry of Law
• Send your feedback on the proposed changes to [email protected] or Tweet #isocsg – Internet Society (Singapore) is still compiling
• Share this with your friends, colleagues and anyone who could be affected by changes to Internet access in Singapore