Jurisdiction of Copyright Tribunal extended

The Copyright Act (Cap 63) was recently amended on 15 September 2009. These amendments extended the jurisdiction of the Copyright Tribunal, as well as clarified the scope of its powers.
The Copyright Tribunal’s role is to resolve disputes over copyright licencing issues without having to go to the courts. However, in the recent case of Orchard KTV & Lounge Pte Ltd v Recording Industry Performance Singapore Pte Ltd [2006] SGCRT 1, the Copyright Tribunal held that it did not have jurisdiction to hear a dispute over copyright licencing fees in relation to for the copying and “public performance” of Karaoke music videos.

This was because the Copyright Act as it then was restricted the Copyright Tribunal’s jurisdiction to cases in relation to a literary, dramatic or musical work, for a licence to do certain acts including perform the work or an adaptation of the work in public, as well as cases where there was an issue in relation to computer program or sound recording for a licence to enter a commercial rental arrangement in respect of the program or recording.

The recent amendment gives the Copyright Tribunal jurisdiction over cases which involve licences, in relation to a work or other subject-matter, to do an act comprised in the copyright. This greatly expands the jurisdiction of the Copyright Tribunal.

However, this expansion is limited in that the Copyright Tribunal only has jurisdiction where the licence is managed by an association, body or organisation that is in the business of collectively administering licences (“Copyright Licence Associations”).

In addition, Parliament confirmed the power of the Copyright Tribunal to substitute a licence scheme of its own in place of an existing licence scheme. Although the Copyright Tribunal already had the power to vary an existing licence scheme, this amendment confirms that the Copyright Tribunal may vary the entire licence scheme such that it has substituted a scheme of its own.

The result is that the Copyright Tribunal may vary or substitute licence schemes of Copyright Licence Associations for all works and other subject matter and for any right comprised in the copyright, in contrast with its limited scope before.

The Copyright Tribunal has only issued 3 decisions since its inception. Although the recent amendments have greatly increased the jurisdiction of the Copyright Tribunal, it remains to be seen if these amendments encourage more people to challenge existing licence schemes or demand that a licence scheme apply to them.

By Koh Chia Ling, Partner
Intellectual Property and Technology Group
ATMD Bird & Bird LLP
Phone +65 6428 9847
Email:  ChiaLing.Koh@twobirds.com

and Nathanael Chua, Associate (pictured)
Intellectual Property and Technology Group
ATMD Bird & Bird LLP
Phone +65 6428 9889
Email:  Nathanael.Chua@twobirds.com