The Ministry of Law (“MinLaw“) and the Intellectual Property Office of Singapore (“IPOS“) are seeking comments on situations in which users should be permitted to circumvent technological measures that control access to copyright works or protected performances (“access control measures“). The public consultation is open from 22 April 2024 to 19 May 2024.
Access control measures are technologies, devices, or components that control access to copyright works and protected performances. However, there are legislated exceptions covering situations where users are permitted to circumvent access control measures for non-infringing uses. These are found in: (i) the Copyright Act 2021 (“CA“), Part 7, Division 4 (Protection of Technological Measures); and (ii) the Copyright Regulations 2021, Part 6, Division 1 (Protection of Technological Measures). The latter contains a list of prescribed exceptions that are reviewed regularly to ensure that the exceptions remain relevant in light of technological and market developments (“prescribed exceptions“).
The current prescribed exceptions will expire on 31 December 2024. MinLaw and IPOS seek feedback on whether these exceptions should be retained, and if so, whether with any modifications (including specific modifications suggested under Regulations 94 and 100). The exceptions that will be prescribed pursuant to this public consultation will commence on 1 January 2025 and remain in force for no more than four years.
MinLaw and IPOS are also seeking feedback on how the prohibition on circumventing access control measures has impaired or adversely affected (or is likely to impair or adversely affect), any dealings with copyright works or protected performances that would be non-infringing by virtue of any permitted uses in the CA or otherwise.
Click on the following link for more information:
- Public Consultation on Prescribed Exceptions in Part 6, Division 1 of the Copyright Regulations 2021 (available on the MinLaw website at www.minlaw.gov.sg)
