Case Details
- Citation: [2017] SGCA 28
- Court: Court of Appeal of the Republic of Singapore
- Decision Date: 2017-04-19
- Coram: Sundaresh Menon CJ, Chao Hick Tin JA, Andrew Phang Boon Leong JA, Judith
- Plaintiff/Applicant: Global Yellow Pages Ltd
- Defendant/Respondent: Promedia Directories Pte Ltd and another matter
- Area of Law: Copyright — Authorship, Copyright — Defence, Copyright — Groundless threat
- Key Legislation: Copyright Act, Copyright Act
- Judgment Length: 28 pages (16,971 words)
Summary
that facts and data were not copyrightable because they were not original works: that is, works independently created (as opposed to having been copied) by the author and possessing a minimal degree of creativity. On the other hand, a compilation of facts, specifically a selection or arrangement of the facts, was original and could, as such, conceivably be eligible for copyright protection, though the protection conferred would be “thin”. 16 The third principle is that the method of analysis is
Global Yellow Pages Ltd v Promedia Directories Pte Ltd and another matter [2017] SGCA 28 Case Number : CA/Civil Appeal No 19 of 2016 and CA/Summons No 56 of 2016 Decision Date : 19 April 2017 Tribunal/Court : Court of Appeal Coram : Sundaresh Menon CJ; Chao Hick Tin JA; Andrew Phang Boon Leong JA; Judith Prakash JA; Tay Yong Kwang JA Counsel Name(s) : Bryan Ghows and Wang Yingyu (Via Law Corporation) for the appellant in CA 19/2016 and respondent in CA/SUM 56/2016; G Radakrishnan, Mark Teng and Gillian Tan (Infinitus Law Corporation) for the respondent in CA 19/2016 and applicant in CA/SUM 56/...
What Were the Facts of This Case?
Global Yellow Pages Ltd v Promedia Directories Pte Ltd and another matter [2017] SGCA 28 Case Number : CA/Civil Appeal No 19 of 2016 and CA/Summons No 56 of 2016 Decision Date : 19 April 2017 Tribunal/Court : Court of Appeal Coram : Sundaresh Menon CJ; Chao Hick Tin JA; Andrew Phang Boon Leong JA; Judith Prakash JA; Tay Yong Kwang JA Counsel Name(s) : Bryan Ghows and Wang Yingyu (Via Law Corporation) for the appellant in CA 19/2016 and respondent in CA/SUM 56/2016; G Radakrishnan, Mark Teng and Gillian Tan (Infinitus Law Corporation) for the respondent in CA 19/2016 and applicant in CA/SUM 56/2016; and Professor David Llewelyn (School of Law, Singapore Management University) as amicus curiae...
What Were the Key Legal Issues?
The central legal questions in this case concerned Copyright — Authorship, Copyright — Defence, Copyright — Groundless threat. The court was tasked with determining the applicable legal principles and their application to the specific facts before it.
The court examined the relevant statutory provisions, including Copyright Act, Copyright Act, and considered how these provisions should be interpreted and applied in the circumstances of this case.
In reaching its decision, the court reviewed 2 prior authorities, carefully analysing how earlier decisions had addressed similar legal questions and whether those principles should be applied, distinguished, or developed further in the present case.
How Did the Court Analyse the Issues?
Global Yellow Pages Ltd v Promedia Directories Pte Ltd and another matter [2017] SGCA 28 Case Number : CA/Civil Appeal No 19 of 2016 and CA/Summons No 56 of 2016 Decision Date : 19 April 2017 Tribunal/Court : Court of Appeal Coram : Sundaresh Menon CJ; Chao Hick Tin JA; Andrew Phang Boon Leong JA; Judith Prakash JA; Tay Yong Kwang JA Counsel Name(s) : Bryan Ghows and Wang Yingyu (Via Law Corporation) for the appellant in CA 19/2016 and respondent in CA/SUM 56/2016; G Radakrishnan, Mark Teng and Gillian Tan (Infinitus Law Corporation) for the respondent in CA 19/2016 and applicant in CA/SUM 56/2016; and Professor David Llewelyn (School of Law, Singapore Management University) as amicus curiae...
What Was the Outcome?
111 For these reasons, GYP’s appeal is allowed only in relation to the issue of subsistence of copyright (though only insofar as it relates to the arrangement of the listings in the BL and even though this had no consequence to the outcome), and the issue of groundless threats of copyright infringement, and is otherwise dismissed. 112 Each party is to file, within two weeks of the date of this judgment, one set of written submissions (not exceeding 5 pages) in respect of the appropriate order as to the costs of the appeal and the application that was before us (including the appropriate quantum of costs).
Why Does This Case Matter?
This judgment is significant for the development of Copyright — Authorship, Copyright — Defence, Copyright — Groundless threat law in Singapore. It provides authoritative guidance from the Court of Appeal of the Republic of Singapore on the interpretation and application of the relevant legal principles in this area.
The court's interpretation of Copyright Act, Copyright Act will be of particular interest to practitioners advising clients in this area. The analysis of the statutory provisions and their application to the facts of this case may inform future litigation strategy and legal advice.
Legal professionals, academics, and students may find this judgment instructive in understanding how Singapore courts approach questions of Copyright — Authorship, Copyright — Defence, Copyright — Groundless threat. The decision also illustrates the court's methodology in weighing evidence, applying statutory provisions, and exercising judicial discretion.
Legislation Referenced
- Copyright Act
- Copyright Act
Cases Cited
- [2007] SGDC 216
- [2017] SGCA 28
Source Documents
Detailed Analysis of the Judgment
Global Yellow Pages Ltd v Promedia Directories Pte Ltd and another matter [2017] SGCA 28 Case Number : CA/Civil Appeal No 19 of 2016 and CA/Summons No 56 of 2016 Decision Date : 19 April 2017 Tribunal/Court : Court of Appeal Coram : Sundaresh Menon CJ; Chao Hick Tin JA; Andrew Phang Boon Leong JA; Judith Prakash JA; Tay Yong Kwang JA Counsel Name(s) : Bryan Ghows and Wang Yingyu (Via Law Corporation) for the appellant in CA 19/2016 and respondent in CA/SUM 56/2016; G Radakrishnan, Mark Teng and Gillian Tan (Infinitus Law Corporation) for the respondent in CA 19/2016 and applicant in CA/SUM 56/2016; and Professor David Llewelyn (School of Law, Singapore Management University) as amicus curiae...
Procedural History
This matter came before the Court of Appeal of the Republic of Singapore by way of appeal. The judgment was delivered on 2017-04-19 by Sundaresh Menon CJ, Chao Hick Tin JA, Andrew Phang Boon Leong JA, Judith. The court considered the submissions of both parties, reviewed the evidence, and examined the relevant authorities before arriving at its decision.
The full judgment runs to 28 pages (16,971 words), reflecting the thoroughness of the court's analysis. The court's reasoning engages with questions of Copyright — Authorship, Copyright — Defence, Copyright — Groundless threat, and the decision is likely to be of interest to practitioners and scholars working in these areas of Singapore law.
This article summarises and analyses [2017] SGCA 28 for legal research and educational purposes. It does not constitute legal advice. Readers are encouraged to consult the full judgment for the Court's complete reasoning.