In Singapore, copyright is governed by the Copyright Act, which affords copyright owners and creators with several types of rights in relation to their literary, musical, dramatic and artistic works. This includes “moral rights”, which this article will explore in greater detail. It will cover:
- What are moral rights
- Moral rights of authors and performers in Singapore
- How to properly identify an author or performer when using their work
- How long do moral rights in a work last
- Remedies for infringement of moral rights
- Assignment and waiver of moral rights
- What happens to your moral rights if you pass away
- Whether your moral rights apply overseas
What are Moral Rights?
Moral rights are the rights given to individual creators, such as authors of literary, musical, dramatic and artistic works, as well as performers, to protect their personal connection to their works. For example, creators have the right to be credited whenever their work is used or shared by someone else. This is also known as the right to be identified.
Moral rights can be distinguished from copyright. Copyright grants a copyright owner a bundle of exclusive rights to reproduce, publish, perform, communicate and adapt his or her work, whereas moral rights refer to the need to give credit to the individual creator. It is possible to have a situation where a creator, who originally owned the copyright in his/her work, still possesses moral rights to the work despite having transferred the copyright in the work to another party.
There could also be instances where a person commits copyright infringement without infringing the moral rights of the creator. For example, even though person X credited the photographer of a photograph that X had published online, X may still have infringed on the photographer’s copyright if he published the photograph without first getting the photographer’s permission.
Moral rights of Authors and Performers in Singapore
Under the Copyright Act, individual creators as well as performers enjoy the following moral rights:
- Right to be identified for creators and performers;
- Right against false identification;
- Right not to be falsely identified as author of copy of artistic work; and
- Right not to have altered copy represented as unaltered.
Right to be identified
Authors and performers also have the right to be properly acknowledged for their literary, dramatic, musical, artistic works and/or performances. (Here, an “author” refers to a person who has created a literary, dramatic, musical or artistic work, rather than a person who has written a book. Literary, dramatic, musical or artistic works are also collectively known as “authorial works”.)
The table below sets out when an author and/or performer must be identified for his/her work.
| When the creator must be identified | |
| Authors | When his/her dramatic or literary work is:
When his/her musical work or literary work consisting of words intended to be sung or spoken with music is:
When his/her artistic work is:
|
| Performers | When:
|
How to properly identify an author or performer when using their work
Authors and performers should be identified by either his/her true name, pseudonym or stage name (as he/she wishes), or any reasonable form of identification if it is unknown how the performer wishes to be acknowledged.
For joint authors and group performers, identifying their group name would suffice.
Attribution must be done in a clear and reasonably prominent manner. This means that identification must be noticeable. In the case where copies have been made of the work (including copies of recordings of a performance), the attribution should appear in or on each copy of the work.
Exceptions to the right to be identified
There are certain circumstances where creators need not be credited when their works are being used. These include but are not limited to:
- When the works are used for judicial proceedings;
- When the works are used for news reporting;
- When the works appear in a video or photo but is not the focus of the recording; and
- When it is not possible to ascertain the creators’ identities.
Right against false identification
The author of an authorial work has the right to not have any other person falsely identified as the author of the work. A person (X) who attributes a work to any other person (Y) other than the author, would infringe the author’s moral right against false identification.
To establish an infringement of an author’s right against false identification, two specific elements must be shown:
- X inserts Y’s name in, or on, a work; and
- The way Y’s name is being inserted or reflected implies that Y is the author of that work, or that Y had adapted that work.
For example, if X affixes Y’s name (and not the author’s name) on the work or a copy of a poem, and Y’s name appears right below the poem, X’s actions could falsely imply that Y had penned the poem. If so, X will have infringed the author’s moral right against false identification.
Right not to be falsely identified as author of copy of artistic work
An author of an artistic work also has the right to not be falsely represented as the author of a copy of the work that was not made by him/her.
For infringement to be found, two elements must be established:
- A person must have published, sold, or distributed a copy of a work as being made by the author; and
- Such a person knew that the copy was not made by the author.
For instance, if X sells a copy of an artistic work identifying Q as the author, but X knows that Q is not actually the author of the work, X would have infringed Q’s right to not be falsely identified as the author of a copy of the artistic work.
Right not to have altered copy represented as unaltered
There may be instances where an author’s piece of work is altered, such as when a line in the author’s script has been modified. If this altered work is shared, the author has the moral right to not have such work represented as being unaltered.
There are three elements in establishing an infringement of the right not to have an altered copy represented as unaltered:
- A person must have published, sold, or distributed a copy of a work as being unaltered;
- Such a person knew that the copy is an altered copy; and
- The person also knew that the alteration was not made by the author.
How Long Do Moral Rights in a Work Last?
For authorial works, moral rights apply only where copyright subsists in the work, and only for the period of time during which copyright subsists. In Singapore, copyright for literary, dramatic, musical or artistic works (whether they are published or not) generally lasts for 70 years after the author’s death.
For performances, moral rights apply only to a protected performance for the period of time when it is protected. Protection for a protected performance lasts until 70 years after the performance is given.
Remedies for Infringement of Moral Rights
If your moral rights have been infringed upon, you can ask the alleged infringing party to credit you or take down their use of the work.
If that party refuses to comply, you may take legal action and bring the matter to court. Where it is established that there was indeed an infringement of moral rights, the court may:
- Order an injunction, i.e to order the infringing party to refrain from specified acts, and/or
- Award monetary damages to you if you are able to show a loss in potential income as a result of the infringement.
Note that any legal action must be brought within 6 years from the alleged moral rights infringement.
That said, it is always prudent to consider the practicalities of bringing a matter relating to infringement of moral rights to court. After all, it may not be easy or realistic to monitor how and/or where your work is being used online.
Even if you do identify a potential moral right infringement, you may realise through a cost-benefit assessment that it may not be practical to hunt the infringer down. Considering the amount of money and time you will need to spend to establish your case in court, it might not be worth pursuing the matter.
Assignment and Waiver of Moral Rights
If you are wondering if you, as a creator, can transfer your moral rights to another party, the answer is no. The Copyright Act makes clear that a creator cannot assign their moral rights to someone else, as these rights are personal to you as an author.
Note, however, that it is possible for you to waive or “give up” your moral rights in two ways. First, you can give consent to a party to use your works without crediting or attributing the work to you. Such consent need not be in writing. Another way to waive your moral rights is to formally waive your moral rights in writing with your signature.
What Happens to Your Moral Rights If You Pass Away?
If you pass away, your moral rights do not cease but are transferred to your personal legal representative. In the event of any infringement of your moral rights, your personal legal representative may then choose to bring an action to enforce them. If he/she succeeds in establishing infringement and monetary damages are awarded, this sum will go to your estate.
Note that if you had waived your moral rights in one of the two ways mentioned above, the waiver remains valid and binding even after you pass away.
Do Your Moral Rights Apply Overseas?
Moral rights under the Copyright Act do not apply overseas. Thus, if your work is used outside Singapore in a way that infringes upon your moral rights, you do not have a right to seek remedies for such infringement.
For example, if somebody exhibits your work publicly in another country without crediting you, you will be unable to seek remedies for the infringement of your moral right to be identified.
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Creators certainly deserve to have their works properly used, and to also be credited for their work. The recognition of the wide scope of moral rights under the Copyright Act empowers creators to protect their works, preventing situations where businesses profit from such work without giving due recognition to the creators behind them.
If you are a creator and believe that your moral rights have been infringed upon in Singapore, do consider approaching a copyright infringement lawyer who will be able to provide specialised advice to guide you in securing the appropriate remedies.
FAQs
Guide to Moral Rights Under Singapore's Copyright Act - SingaporeLegalAdvice.com? ›
Moral rights are personal rights contained in the Copyright Act 1968 that connect creators to their work. Moral rights exist in relation to artistic, literary, dramatic and musical works and films but not sound recordings. Some performers also have limited moral rights in certain live or recorded performances.
What does the copyright Act mean by moral rights? ›Moral rights are personal rights contained in the Copyright Act 1968 that connect creators to their work. Moral rights exist in relation to artistic, literary, dramatic and musical works and films but not sound recordings. Some performers also have limited moral rights in certain live or recorded performances.
What are the moral rights arising under the Copyright Designs and Patents Act 1988? ›Found in the Copyright, Designs and Patents Act 1988, the moral rights are the right to be identified as the author of a work, known as the right of paternity, the right to object to derogatory treatment of a work, known as the right of integrity, the right not to be identified as the author of someone else's work, and ...
What are the rights of copyright owner in Singapore? ›Copyright protects the expression of ideas in tangible form. In Singapore, an author automatically enjoys copyright protection as soon as they create and express their work in a tangible form. No registration is required to get copyright protection.
What are the damages for copyright infringement in Singapore? ›Statutory damages: if you are not able to prove that you have suffered a loss as a result of the infringement, you may wish to elect for statutory damages instead. There is a ceiling of $10,000 per work and an aggregate ceiling of $200,000 for each legal action.
What is an example of a moral right in copyright? ›Moral rights require that your name is always shown with your work. This is called right of attribution. For example: your name should always appear next to your artwork in an exhibition.
What are some examples of moral rights? ›- The Right of Attribution.
- The Right to Object to Derogatory Treatment - affecting the artist's reputation.
- The Right to Object to False Attribution.
- The Right of Privacy in Certain Films and Photographs.
Through the Rome Revision of the Berne Convention in 1928, the Berne Convention accepted two forms of moral rights; paternity and integrity.
What is the difference between copyright and moral rights? ›Copyright is designed to protect the 'economic rights' of copyright holders. In comparison, moral rights protect the reputation and integrity of creators. So while the Copyright Agency manages copyright, and monitors the reproduction and communication of works, it does not monitor the moral rights of its members.
What are the two moral rights of intellectual property? ›Moral rights are defined under the Copyright Act as a right: of attribution of authorship; not to have authorship falsely attributed; or. of the integrity of authorship.
What is not protected by copyright Singapore? ›
Copyright does not protect inventions or a company's brand. Those are protected by patents and trademarks respectively. In Singapore, copyright is governed by the Copyright Act (CA).
What is Copyright Act and Fair Dealing in Singapore? ›Fair Use permits the limited use of copyrighted work without the need to obtain permission from the copyright holder. Singapore copyright law permits a certain amount of copying for the purposes of: study and research. criticism and review.
What are the 5 exclusive rights of copyright? ›General Scope of Copyright.
The five fundamental rights that the bill gives to copyright owners-the exclusive rights of reproduction, adaptation, publication, performance, and display-are stated generally in section 106.
Statutory damages are usually between $750 and $30,000 per work, as determined by the court. However, the damage amount can be increased up to $150,000 per work if the infringement is found to be willful (intentional).
What are common infringement of copyright? ›Image and text are the two most common types of copyright infringement plagiarism. Whether music lyrics, academic writing, or stock photos, usually using them without informing the owner counts as copyright infringement.
What does copyright protect Singapore? ›Copyright protects the expression of ideas in tangible forms. When you own the copyright to a work, you control the use and commercial exploitation of these works. This means that you have the right to prevent others from reproducing, publishing, performing, communicating to the public, or adapting your work.
What is an example of a violation of moral rights? ›Manipulating a scanned photograph may also be a violation of moral rights if prejudicial to the honor or reputation of the author of the photograph. Mere editing of an article, however, would likely not be an infringement of the right of integrity.
Do moral rights expire? ›U.S. Moral Rights Waivers and Duration
Under VARA, moral rights are not transferable by license or assignment, but are waivable (in writing). The rights end with the life of the author (unlike economic rights, which endure for 70 years after the death of the author).
Morally wrong acts are activities such as murder, theft, rape, lying, and breaking promises. Other descriptions would be that they are morally prohibited, morally impermissible, acts one ought not to do, and acts one has a duty to refrain from doing. Morally right acts are activities that are allowed.
What qualifies one to have moral rights? ›For a person to have the moral right to have, get, or do something, there must be a moral basis or justification for the claim. These bases or justifications are different for different categories of rights. We shall see that "human rights" is a name given to those rights that all people have because they are people.
What are 5 example of moral rules? ›
The rules: help your family, help your group, return favours, be brave, defer to superiors, divide resources fairly, and respect others' property, were found in a survey of 60 cultures from all around the world.
What are the 5 moral laws? ›Moral foundation theory argues that there are five basic moral foundations: (1) harm/care, (2) fairness/reciprocity, (3) ingroup/loyalty, (4) authority/respect, and (5) purity/sanctity. 5 These five foundations comprise the building blocks of morality, regardless of the culture.
What are the three sources of moral law? ›What are the three sources of morality? The three sources of morality are object, intention, and circumstances.
What are the three parts of the moral act? ›Traditionally, moral acts are evaluated using the three-font principle: the object, the intention, and the circumstances. The object is an action that is rationally and freely chosen by the will. It is an intentional kind of behavior or thought.
What are moral rights and duties? ›Rights reside in some individuals; they have rights to certain things which are necessary for their self-realization. Duties are moral obligations, on the part of other individuals, to respect those rights. The individuals also having certain rights are under moral obligation to use them well for the common good.
What is copyright waiving moral rights? ›Any of the moral rights may be waived by a written instrument by the person giving up the right (and developers should typically always look to obtain such a waiver, when commissioning a site-specific artwork).
Can copyright and moral rights be assigned? ›Moral Rights in Copyrighted Works
Unlike copyright, Moral Rights cannot be assigned to another party, they can only be waived.
Moral rights are intended to protect a creator's “honor or reputation”. In addition, moral rights cannot be transferred to another individual or to a corporate entity.
What are the four 4 most well known types of intellectual property rights that can be protected under the law? ›There are four main types of intellectual property rights, including patents, trademarks, copyrights, and trade secrets.
What are three 3 types of intellectual property protected by law in the United States and which two 2 may be used into perpetuity? ›| Type of IP | Protects | Infringement |
|---|---|---|
| PATENTS – Design Patent | Ornamental Features | Make, Use, Offer, Sale, Import |
| TRADEMARKS | Brands | Use in commerce |
| COPYRIGHTS | Works of Authorship | Copying, Derivative works, Performance, etc. |
| TRADE SECRETS | Information | Misappropriation |
What are the 8 intellectual property rights? ›
Intellectual property rights include patents, copyright, industrial design rights, trademarks, plant variety rights, trade dress, geographical indications, and in some jurisdictions trade secrets.
What are the moral rights under the Copyright Act in Singapore? ›Moral rights are the rights given to individual creators, such as authors of literary, musical, dramatic and artistic works, as well as performers, to protect their personal connection to their works. For example, creators have the right to be credited whenever their work is used or shared by someone else.
Which 4 works are not protected by copyright? ›Titles, names, short phrases, slogans
Titles, names, short phrases, and slogans are not protected by copyright law. Similarly, it is clear that copyright law does not protect simple product lettering or coloring, or the mere listing of product ingredients or contents.
- Public Performing Right. ...
- Public Performance License. ...
- Reproduction Right. ...
- Mechanical Licenses. ...
- Synchronization License.
The Doctrine holds that the copyright owner's rights in a copy of the work extend only up to the first sale of that copy, as once a copy is lawfully acquired, the new owner is entitled, without the copyright owner's permission to sell, lease, rent, give away or otherwise dispose of that particular copy.
How much can you copy without infringing copyright? ›Under those guidelines, a prose work may be reproduced in its entirety if it is less than 2500 words in length.
What are 3 things protected by copyright? ›Copyright, a form of intellectual property law, protects original works of authorship including literary, dramatic, musical, and artistic works, such as poetry, novels, movies, songs, computer software, and architecture.
What are 3 works that are protected by copyright? ›- A novel.
- A poem.
- A photograph.
- A movie.
- Lyrics to a song.
- A musical composition in the form of sheet music.
- A sound recording.
- A painting.
Infringer pays for all attorneys fees and court costs. The Court can issue an injunction to stop the infringing acts. The Court can impound the illegal works. The infringer can go to jail.
What is 1 example of copyright infringement? ›Modifying an image and then displaying it on your company's website. Creating merchandise for sale which features copyrighted words or images. Downloading music or films without paying for their use. Copying any literary or artistic work without a license or written agreement.
How do you prove actual damages in copyright infringement? ›
Actual damages must be based on measurable numbers; an estimate of loss is simply not enough. For example, a copyright owner could try to establish actual damages by demonstrating that sales of the copyrighted work declined immediately upon infringement by a demonstrable amount.
What is the most common form of infringement for copyrighted materials? ›Image and text copyright are two common types of infringement.
What is the test for copyright infringement? ›When determining whether or not someone has committed copyright infringement, the courts use a test known as substantial similarity. However, deciding whether a work is substantially similar is neither clear-cut nor precise. There is no exact formula, but there are standards the court can use to reach a decision.
Has anyone gone to jail for copyright infringement? ›Artur Sargsyan, 30, of Glendale, California, was sentenced by U.S. District Judge Timothy C. Batten, Sr., to five years in prison to be followed by three years of supervised release, and ordered to pay restitution in the amount of $458,200. He was also ordered to forfeit $184,768.87.
What are the consequences of copyright infringement in Singapore? ›...
Penalties.
| Criminal liability for wilful infringement | Penalties |
|---|---|
| Distribution of infringing copies for commercial purposes | A fine not exceeding $50,000; and/or Imprisonment up to three years |
Statutory damages: if you are not able to prove that you have suffered a loss as a result of the infringement, you may wish to elect for statutory damages instead. There is a ceiling of $10,000 per work and an aggregate ceiling of $200,000 for each legal action.
What is the difference between moral rights and copyright? ›Copyright is designed to protect the 'economic rights' of copyright holders. In comparison, moral rights protect the reputation and integrity of creators. So while the Copyright Agency manages copyright, and monitors the reproduction and communication of works, it does not monitor the moral rights of its members.
What is the difference between moral rights and civil rights? ›Moral rights are derived from a moral system. Civil rights are codified in law and govern people's freedoms in society. They are applicable to all citizens. Since there are many different moral systems in the world, there is no universally agreed-upon system of moral rights.
What does it mean to waive your moral rights? ›However, moral rights can be waived. This means that although you have moral rights with respect to your work, you can agree not to enforce those rights.
Is moral right an intellectual property right? ›Creating an artistic work automatically attracts certain intellectual property (IP) rights and protections for the creator. One such IP right is called 'moral rights'. If someone breaches your moral rights, you can enforce your rights against them and seek a remedy through the courts.
What is the importance of moral rights? ›
Moral rights recognise the creative value of literary, dramatic, film, musical and artistic works. The creator of those works may have invested significant time, value, energy and creative input and as such moral rights protect these creative, non-economic interests.
What is legal is not always moral? ›The basic distinction between the legal and moral is easy enough to identify. Most people agree that what is legal is not necessarily moral and what is immoral should not necessarily be illegal. Slavery in the U.S. is commonly used as an example.
What are the six rights of copyright owners? ›General Scope of Copyright.
The five fundamental rights that the bill gives to copyright owners-the exclusive rights of reproduction, adaptation, publication, performance, and display-are stated generally in section 106.
U.S. copyright law provides copyright owners with the following exclusive rights: Reproduce the work in copies or phonorecords. Prepare derivative works based upon the work. Distribute copies or phonorecords of the work to the public by sale or other transfer of ownership or by rental, lease, or lending.
Who can use copyrighted material without permission? ›Only the owner of copyright in a work has the right to prepare, or to authorize someone else to create, a new version of that work. Accordingly, you cannot claim copyright to another's work, no matter how much you change it, unless you have the owner's consent.
Can moral rights be taken away? ›In continental Europe, moral rights are “inalienable and cannot be transferred or waived.” However, in the U.S., the moral rights applicable to works of visual art “may not be transferred, but those rights may be waived if the author expressly agrees to such waiver in a written instrument signed by the author.”
Are moral rights binding? ›Moral rights clauses often contain a survival clause. For example, “This clause x will survive expiry or termination of this Agreement.” This means that even after the agreement comes to an end or is terminated, the specified clause or clauses will continue to bind the relevant parties.