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Full-Text Articles in Intellectual Property Law
Revisiting Authorisation Liability In Copyright Law, Cheng Lim Saw, Warren B. Chik
Revisiting Authorisation Liability In Copyright Law, Cheng Lim Saw, Warren B. Chik
Warren Bartholomew Chik
In this article, the authors revisit the origins and purpose of the law on authorising infringement and propose that the word “authorise” should bear the dictionary meaning of “sanction, approve, countenance”, in lieu of the phrase “grant or purported grant” as adopted in the CBS Songs Ltd v Amstrad Consumer Electronics plc ([1988] AC 1013) decision. The authors will also examine a non-exhaustive list of factors for determining authorisation liability. The suggested approach seeks to expand the scope of indirect copyright liability in Singapore, which is necessary in the face of increasing incursions into the sphere of copyright protection.
Where Copyright Law And Technology Once Again Cross Paths: The Continuing Saga: Recordtv Pte Ltd V Mediacorp Tv Singapore Pte Ltd [2011] 1 Slr 830, Cheng Lim Saw, Warren B. Chik
Where Copyright Law And Technology Once Again Cross Paths: The Continuing Saga: Recordtv Pte Ltd V Mediacorp Tv Singapore Pte Ltd [2011] 1 Slr 830, Cheng Lim Saw, Warren B. Chik
Warren Bartholomew Chik
This article critically analyses the issues and reasoning behind the recent Singapore Court of Appeal decision in RecordTV Pte Ltd v Mediacorp TV Singapore Pte Ltd on the legality of digital copying and communications technology under Singapore’s copyright law and offers a different perspective (and some alternative arguments) on the three issues of copying, communication to the public and authorisation of copyright infringement. In particular, we will identify the relevant party to these acts and examine their definitions, based on the current statutory provisions and the history of the development of copyright law vis-à-vis modern technology.