MinLaw, IPOS seek public feedback on exceptions in Copyright (Excluded Works) Order

THE Ministry of Law (MinLaw) and the Intellectual Property Office of Singapore (IPOS) on Monday launched a public consultation to seek feedback on the exceptions to be included in the Copyright (Excluded Works) Order (EWO).

This will include whether the current exceptions in the EWO 2017 are still relevant and should be retained for the next EWO.

The public consultation will run for four weeks till Oct 2, 2020. The current EWO 2017 expires on Dec 31, 2020.

The EWO specifies the situations in which users are allowed to circumvent technological protection measures (TPMs) for legitimate use of copyrighted works.

TPMs are technologies or devices that are intended to restrict the access or use of copyrighted works. They often prevent copyright infringement, such as by preventing users from making unauthorised copies of a movie.

Under the Copyright Act, users are not allowed to circumvent TPMs or to sell products and services for others to do so.

However, in practice, TPMs may unintentionally restrict legitimate and non-infringing acts. For instance, a TPM may prevent users with print disabilities from using assistive technologies.

There is thus a list of exceptions in the Copyright Act for specific situations where circumventions of TPMs are allowed.

Some of these exceptions are temporary in nature as they apply only to works, other subject matter or performances specified in the EWO.

The latest consultation is part of a periodic review of the EWO conducted once every four years to take into account the fast pace of technological change.

In particular, MinLaw and IPOS are looking to gather feedback from creators, users of copyrighted works and the general public on whether the exceptions in the EWO 2017 should be retained, expanded or limited.

These exceptions allow the following uses of copyrighted works:

- Continued use of software reliant on obsolete systems

- Read-aloud and assistive functionality for digital e-books

- Use of short clips from films or shows for educational purposes

- Use of short clips from films or shows for criticism or commentary

- Investigating and fixing cybersecurity flaws

- Replacement or repair of essential or emergency system software