Part of a comprehensive analysis of the Copyright Act 2021
All Parts in This Series
- PART 1
- PART 2
- PART 3
- Part 6 (this article)
- PART 4
- Part 6
- PART 5
- PART 6
- PART 7
- PART 8
- PART 9
- PART 10
- PART 11
- Part 9
- PART 12
Concurrent Rights of Action in Copyright Infringement: An In-Depth Analysis of Sections 156-171, Copyright Act 2021
In Singapore’s Copyright Act 2021, the provisions governing concurrent rights of action in copyright infringement cases are critical for delineating the rights and remedies available to copyright owners and exclusive licensees. This analysis explores the key statutory provisions, their purposes, and the legal framework that ensures fair adjudication and enforcement of copyright in cases involving both copyright owners and exclusive licensees. The relevant sections span from definitions to procedural safeguards, damages, and presumptions, providing a comprehensive legal structure for infringement actions.
Definitions and Scope: Section 156
Section 156 establishes foundational definitions that clarify the parties and actions involved in concurrent copyright infringement claims:
"‘infringement’ means an infringement of copyright for which the copyright owner and the exclusive licensee of the copyright have concurrent rights of action; ‘infringement action’ has a corresponding meaning; ‘party’ means the copyright owner or the exclusive licensee, as the case may be." — Section 156, Copyright Act 2021
Verify Section 156 in source document →
This provision exists to clearly define the legal actors and the nature of the infringement claims where both the copyright owner and the exclusive licensee have standing to sue. By doing so, it prevents ambiguity in litigation and ensures that the rights of both parties are recognized under the law.
Concurrent Rights of Action: Sections 157-159
Sections 157 through 159 regulate the circumstances under which copyright owners and exclusive licensees may bring infringement actions and the defenses available to defendants:
"Subdivision (3) applies where an action for an infringement of copyright may be brought by the copyright owner and the exclusive licensee of the copyright." — Section 157, Copyright Act 2021
Verify Section 157 in source document →
"This section applies if the copyright owner or the exclusive licensee (but not both) brings an infringement action." — Section 158, Copyright Act 2021
Verify Section 158 in source document →
"A defendant in the action is entitled to the same defences under this Act that would be available to the defendant if the action had been brought by the copyright owner." — Section 159(2), Copyright Act 2021
Verify Section 159 in source document →
"The exclusive licensee is entitled to the same remedies that the copyright owner would be entitled to under Division 1 of Part 6 if the action had been brought by the copyright owner." — Section 159(3), Copyright Act 2021
Verify Section 159 in source document →
The purpose of these provisions is to balance the interests of copyright owners and exclusive licensees by allowing either party to initiate infringement proceedings independently, while ensuring defendants are not prejudiced by the identity of the claimant. This promotes judicial economy and fairness by preventing duplicative litigation and maintaining consistent defenses regardless of the claimant.
Assessment and Apportionment of Remedies: Sections 160-162
Sections 160 to 162 address the assessment of damages, statutory damages, and the apportionment of profits in infringement cases involving concurrent rights:
"If the Court orders the payment of damages or statutory damages for the infringement, the following matters must be considered in assessing damages or statutory damages..." — Section 160(2), Copyright Act 2021
Verify Section 160 in source document →
"If the Court orders an account of profits to be taken in respect of the infringement, the Court must apportion the profits between the copyright owner and the exclusive licensee in a way the Court considers just." — Section 161(2), Copyright Act 2021
Verify Section 161 in source document →
"If the copyright owner and the exclusive licensee bring separate actions for the same infringement... the Court may not make an order to take an account of profits or damages in the other action." — Section 162, Copyright Act 2021
Verify Section 162 in source document →
These provisions exist to ensure equitable remedies that reflect the respective interests of the copyright owner and exclusive licensee. The court’s discretion to apportion profits justly prevents unjust enrichment and double recovery. Additionally, the prohibition on overlapping orders in separate actions avoids inconsistent judgments and preserves judicial resources.
Application and Presumptions in Infringement Actions: Sections 163-171
Section 163 confirms the applicability of this Division to infringement actions, while Sections 164 to 171 establish important presumptions to streamline litigation and reduce evidentiary burdens:
"This Division applies in an action for copyright infringement." — Section 163(1), Copyright Act 2021
Verify Section 163 in source document →
"If the defendant puts in issue the question whether copyright subsists in a work; causes, as a result, unnecessary costs or delay in the proceedings; and does not satisfy the Court that the question is put in issue in good faith, the Court may order that the defendant is not allowed any costs in the action; and the defendant is to pay to the other parties any costs that the defendant caused them to incur." — Section 164(4), Copyright Act 2021
Verify Section 164 in source document →
"If the defendant puts in issue the question whether the claimant owns the copyright in a work; causes, as a result, unnecessary costs or delay in the proceedings; and does not satisfy the Court that the question is put in issue in good faith, the Court may order that the defendant is not allowed any costs in the action; and the defendant is to pay to the other parties any costs that the defendant caused them to incur." — Section 165(5), Copyright Act 2021
Verify Section 165 in source document →
"The person is presumed to have made the work in circumstances to which sections 134 and 135 (works made in the course of employment or under commission) do not apply." — Section 166(2)(b), Copyright Act 2021
Verify Section 166 in source document →
"The person is presumed to have made the film in circumstances to which section 135 (works made under commission) does not apply." — Section 171(2)(b), Copyright Act 2021
Verify Section 171 in source document →
The presumptions serve to facilitate efficient adjudication by placing the evidentiary burden initially on the defendant to rebut claims of copyright subsistence, ownership, authorship, and originality. The cost sanctions for frivolous or bad-faith challenges deter dilatory tactics and encourage good faith litigation. Cross-references to sections 134 and 135 ensure consistency with rules governing works made in employment or under commission, which are common contexts for copyright ownership disputes.
Cross-References to Other Statutory Provisions
The Act integrates these provisions with other parts of the copyright regime to maintain coherence:
- Section 159(3) links exclusive licensee remedies to those available under Division 1 of Part 6, ensuring parity with copyright owners.
- Sections 166(2)(b) and 171(2)(b) reference sections 134 and 135, which address works made in the course of employment or under commission, clarifying presumptions about authorship and ownership.
These cross-references exist to harmonize the concurrent rights framework with the broader copyright ownership and authorship rules, preventing conflicting interpretations and ensuring comprehensive protection of rights.
Conclusion
The provisions from Sections 156 to 171 of the Copyright Act 2021 establish a robust legal framework for managing concurrent rights of action in copyright infringement cases involving copyright owners and exclusive licensees. By defining key terms, regulating who may bring actions, ensuring equitable remedies, imposing presumptions to streamline litigation, and integrating with other statutory provisions, the Act balances the interests of all parties and promotes efficient, fair resolution of disputes.
Sections Covered in This Analysis
- Section 156 – Definitions
- Section 157 – Concurrent Rights of Action
- Section 158 – Application of Subdivision
- Section 159 – Defences and Remedies for Exclusive Licensees
- Section 160 – Assessment of Damages and Statutory Damages
- Section 161 – Account of Profits and Apportionment
- Section 162 – Separate Actions and Prohibition of Double Recovery
- Section 163 – Application of Division
- Section 164 – Presumptions Relating to Copyright Subsistence and Costs
- Section 165 – Presumptions Relating to Ownership and Costs
- Section 166 – Presumptions Relating to Authorship
- Section 171 – Presumptions Relating to Films
Source Documents
For the authoritative text, consult SSO.