Proposed changes to Singapore copyright law (blocking websites) and comparison to DMCA ACTA TPP
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Transcript of Proposed changes to Singapore copyright law (blocking websites) and comparison to DMCA ACTA TPP
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