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Full-Text Articles in Law

Taking Stock Of The Creative Commons Experiment: Monitoring The Use Of Creative, Giorgos Cheliotis, Kam Wai, Warren Bartholomew Chik, Ankit Guglani, Giri Kumar Tayi May 2013

Taking Stock Of The Creative Commons Experiment: Monitoring The Use Of Creative, Giorgos Cheliotis, Kam Wai, Warren Bartholomew Chik, Ankit Guglani, Giri Kumar Tayi

Warren Bartholomew Chik

No abstract provided.


Revisiting Authorisation Liability In Copyright Law, Cheng Lim Saw, Warren B. Chik Apr 2013

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 Aug 2012

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.


Challenges To Criminal Law Making In The New Global Information Society: A Critical Comparative Study Of The Adequacies Of Computer-Related Criminal Legislation In The United States, The United Kingdom And Singapore, Kam Wai, Warren Bartholomew Chik Jan 2012

Challenges To Criminal Law Making In The New Global Information Society: A Critical Comparative Study Of The Adequacies Of Computer-Related Criminal Legislation In The United States, The United Kingdom And Singapore, Kam Wai, Warren Bartholomew Chik

Warren Bartholomew Chik

No abstract provided.


Customary Internet-Ional Law: Creating A Body Of Customary Law For Cyberspace, Kam Wai, Warren Bartholomew Chik Jan 2012

Customary Internet-Ional Law: Creating A Body Of Customary Law For Cyberspace, Kam Wai, Warren Bartholomew Chik

Warren Bartholomew Chik

The shift in socio-economic transactions from realspace to cyberspace through the emergence of electronic communications and digital formats has led to a disjuncture between the law and practices relating to electronic transactions. The speed at which information technology has developed require a faster, more reactive and automatic response from the law that is not currently met by the existing law-making framework. This paper suggests the development of special rules to enable Internet custom to form legal norms to fulfill this objective. In Part 1, I will describe the socio-economic problems and stresses that electronic transactions place on existing policy and …


Bloggers Beware: The Five Commandments For Bloggers, Warren B. Chik Jan 2012

Bloggers Beware: The Five Commandments For Bloggers, Warren B. Chik

Warren Bartholomew Chik

There is a need for Singapore bloggers to be aware of legal issues arising from their online diaries, particularly in the light of the recent cases involving seditious remarks made online by bloggers that resulted in jail terms and fines; and earlier in the year, a dispute arose over allegedly defamatory speeches made by a blogger about A*STAR’s Chairman, Philip Yeo, which was resolved amicably, but not without an apology. The threats of legal repercussions in the form of civil lawsuits and criminal charges serve as reminders of the potential legal problems that can arise from blogging, and indeed from …


Singapore And International Law, Warren B. Chik Jan 2012

Singapore And International Law, Warren B. Chik

Warren Bartholomew Chik

No abstract provided.


Brief Notes: Recent International Legal Developments In Singapore, Warren B. Chik Jan 2012

Brief Notes: Recent International Legal Developments In Singapore, Warren B. Chik

Warren Bartholomew Chik

No abstract provided.


The Lion, The Dragon And The Wardrobe Guarding The Doorway To Information And Communications Privacy On The Internet: A Comparative Case Study Of Hong Kong And Singapore: Two Differing Asian Approaches, Warren B. Chik Jan 2012

The Lion, The Dragon And The Wardrobe Guarding The Doorway To Information And Communications Privacy On The Internet: A Comparative Case Study Of Hong Kong And Singapore: Two Differing Asian Approaches, Warren B. Chik

Warren Bartholomew Chik

Almost a decade ago, the electronic commerce revolution began, led by such companies as Amazon.com and Ebay.com. These companies have grown into the internet business giants they are today, diversifying in the products they sell, the services they provide and the jurisdictions they conduct business in. However, aside from these rare examples, most medium and small internet-based business enterprises have grown with the dot.com bubble and dissolved when it burst mid-way through the decade. Now, at the 10th Anniversary of Electronic Commerce, after we have seen the dot.com way of doing business launch like a rocket and plunge like a …


Book Review: Arbitration In China - A Practical Guide, Kam Wai, Warren Bartholomew Chik Jan 2012

Book Review: Arbitration In China - A Practical Guide, Kam Wai, Warren Bartholomew Chik

Warren Bartholomew Chik

No abstract provided.


Lord Of Your Domain, But Master Of None: The Need To Harmonize And Recalibrate The Domain Name Regime Of Ownership And Control, Kam Wai, Warren Bartholomew Chik Jan 2012

Lord Of Your Domain, But Master Of None: The Need To Harmonize And Recalibrate The Domain Name Regime Of Ownership And Control, Kam Wai, Warren Bartholomew Chik

Warren Bartholomew Chik

The world has seen three waves of property. The first hark back centuries and relate to 'real and personal property' such as land and chattel, also known as immovable and movable property. The second gained recognition around the nineteenth century and relates to propertization of the 'labours of the mind' or 'intellectual property'. The third wave came within a much shorter period and starting to gain recognition and it is what is known as 'virtual property'. The law and policy-makers have had to surmount not only a steep learning curve but also in some cases a foundation that is wrought …


Harassment Through Digital Media: A Cross-Jurisdictional Comparative Analysis On The Law On Cyberstalking, Warren B. Chik Jan 2012

Harassment Through Digital Media: A Cross-Jurisdictional Comparative Analysis On The Law On Cyberstalking, Warren B. Chik

Warren Bartholomew Chik

The cyber world is an extension of the real world. It is another dimension where we can work, study and play. But people also tend to lose their inhibitions on the Internet, often while keeping their anonymity. Because of the perceived and real freedoms in the digital environment, people are emboldened to act in ways that they may not normally do in the real world. One recent phenomenon that is steadily becoming a problem in every country with a high level of electronic connectivity is the act of cyberstalking. The electronic medium is an important factor due to its very …


‘Customary Internet-Ional Law’: Creating A Body Of Customary Law For Cyberspace. Part 2: Applying Custom As Law To The Internet Infrastructure, Warren B. Chik Jan 2012

‘Customary Internet-Ional Law’: Creating A Body Of Customary Law For Cyberspace. Part 2: Applying Custom As Law To The Internet Infrastructure, Warren B. Chik

Warren Bartholomew Chik

The shift in socio-economic transactions from real space to cyberspace through the emergence of electronic communications and digital formats has led to a disjuncture between the law and practices relating to electronic transactions. The speed at which information technology has developed require a faster, more reactive and automatic response from the law that is not currently met by the existing law-making framework. This paper suggests the development of special rules to enable Internet custom to form legal norms to fulfill this objective. In Part 2 of this article, I will construct the customary rules to Internet law-making that are applicable …


Recent Developments In Singapore On International Commercial Arbitration, Warren B. Chik Jan 2012

Recent Developments In Singapore On International Commercial Arbitration, Warren B. Chik

Warren Bartholomew Chik

No abstract provided.


Recent International Law Developments In Singapore, Warren B. Chik Jan 2012

Recent International Law Developments In Singapore, Warren B. Chik

Warren Bartholomew Chik

No abstract provided.


Legal Implications Of Airline Co-Operation: Some Legal Issues And Consequences Arising From The Rise Of Airline Strategic Alliances And Integration In The International Dimension, Warren B. Chik Jan 2012

Legal Implications Of Airline Co-Operation: Some Legal Issues And Consequences Arising From The Rise Of Airline Strategic Alliances And Integration In The International Dimension, Warren B. Chik

Warren Bartholomew Chik

The current legal regime lags behind economic realities and there is a need for faster changes in the law, domestic and international, to reflect these developments. This paper first focuses on legal issues arising from the most popular form of airline alliance, namely the allocation of civil liability for breach of contract and air disaster cases in code-sharing arrangements. Secondly, some examples will be given of the legal effects of strategic alliances and airline integration on the evolution of bilateral air services negotiations and agreements. Finally, some interesting legal considerations will be made on the potential harmonisation of laws in …


Us Jurisdictional Rules Of Adjudication Over Business Conducted Via The Internet – Guidelines And A Checklist For The E-Commerce Merchant, Kam Wai, Warren Bartholomew Chik Jan 2012

Us Jurisdictional Rules Of Adjudication Over Business Conducted Via The Internet – Guidelines And A Checklist For The E-Commerce Merchant, Kam Wai, Warren Bartholomew Chik

Warren Bartholomew Chik

No abstract provided.


Us Jurisdictional Rules Of Adjudication Over Business Conducted Via The Internet: Guidelines And A Checklist For The E-Commerce Merchant, Warren B. Chik Jan 2012

Us Jurisdictional Rules Of Adjudication Over Business Conducted Via The Internet: Guidelines And A Checklist For The E-Commerce Merchant, Warren B. Chik

Warren Bartholomew Chik

No abstract provided.


Legal Implications Of Airline Alliances, Warren B. Chik Jan 2012

Legal Implications Of Airline Alliances, Warren B. Chik

Warren Bartholomew Chik

No abstract provided.


Recent Developments In International Commercial Arbitration In Singapore, Warren B. Chik Jan 2012

Recent Developments In International Commercial Arbitration In Singapore, Warren B. Chik

Warren Bartholomew Chik

No abstract provided.


Paying It Forward: The Case For A Specific Statutory Limitation On Exclusive Rights For User-Generated Content Under Copyright Law, Warren Bartholomew Chik Asst. Prof. Of Law Aug 2011

Paying It Forward: The Case For A Specific Statutory Limitation On Exclusive Rights For User-Generated Content Under Copyright Law, Warren Bartholomew Chik Asst. Prof. Of Law

Warren Bartholomew Chik

This article examines the User-Generated Content (UGC) phenomena and the significance of re-inventions in the context of an increasingly user-centric Internet environment and an information sharing society. It will explain the need to provide a statutory limitation in the form of an exception or exemption for socially beneficial UGC on the exclusive rights under copyright law. This will also have the effect of protecting the Internet intermediary that hosts and shares UGC. Nascent but abortive attempts have been made by Canada to introduce just such a provision into her copyright legislation, while some principles and rules have also emerged from …