Currently, the Motion Picture Association of America (MPA) is calling on Singapore to clarify the copyright exception rules related to artificial intelligence (AI) companies, especially how this copyright exception works for computational data analysis or text and data mining. This is an important legal issue in the context of the strong development of AI technology, and there needs to be a balance between the rights of copyright owners and the needs of technology companies. To clarify the contents and limitations of this rule, Viet An Law will provide information in the article below.
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Copyright exceptions in Singapore are legal provisions that allow the use of copyrighted works without the author’s permission. This exception is intended to strike a balance between protecting copyright and the right to promote innovation and research in society at large.
Copyright exceptions are a hot topic in Singapore, with the MPA not only seeking clarification but also proposing that Singapore establish a mechanism that would allow copyright owners to opt out of the use of their works. The organization outlined these goals in a submission to the United States Trade Representative, seeking to persuade the government to pressure countries that have or are moving toward copyright exceptions for AI companies to allow rights holders to opt out.
Legal experts in Singapore also agree that the country’s copyright exception for data mining needs to be clarified. The issue may lie in the scope of the provision.
One of the conditions for the exception to apply is that the use must be limited to computational data analysis or preparatory work towards it. Computational data analysis is defined in the Singapore Copyright Act, including not only the use of a computer program to identify, extract and analyze information or data from a work or recording of a performance, but also the use of the work or recording as an example of a type of information to improve the function of the program.
Another requirement for the computational data analytics exception to apply is that the AI must have legal access to the data. Members of organizations like the Motion Picture Association of America typically don’t put their movies on the internet for free, often on paywalled platforms like Netflix and Disney. Their copyrighted material would be protected for now.
The Singapore Law Department is seeking feedback and information on whether the provisions of the Copyright Act 2021 against circumventing access controls or technological protections will hinder computational data analysis by industry participants. If circumvention of technological protections is legalized for the purpose of AI training, original works will be misused for use by AI companies without permission or compensation.
If an action against a Singapore company for copyright infringement in a foreign country – Country X – is brought against it in Singapore, the plaintiff needs to be able to overcome the “double action” hurdle. The action must be able to be brought in Country X and Singapore. If the Section 244 licence is not geographically limited, the defendant in Singapore may be able to dismiss the case at the preliminary stage.
Experts stress the importance of an opt-out mechanism. It is important for rights holders to have an opt-out mechanism to allow them some form of control over their work. This must be made clear, as the Copyright Act 2021 does not allow anyone to enter into a contract that contravenes the permitted use for computational data analysis.
Copyright exceptions in Singapore need to be carefully considered to strike a balance between promoting innovation in AI and protecting the rights of copyright owners.
In this complex context, entities should seek support from professional intellectual property representatives and law firms. These experts can:
“Singapore Copyright Exceptions: Legal Analysis of Fair Use Provisions” is facing new challenges in the age of artificial intelligence. Balancing the incentives for innovation and copyright protection is a complex task that requires clarity in the legal rules. The Motion Picture Association of America and legal experts have raised concerns about the current exceptions and proposed solutions, such as opt-out mechanisms and clarification of geographic scope.
With professional support from intellectual property representatives and law firms as Viet An Law, stakeholders can effectively navigate this changing legal environment. For timely support on copyright legal issues, please contact Viet An Law as soon as possible. Sincerely!
