Quoted in the Media

‘Fair use changes to law in Singapore could make it easier to defend memes’, The Straits Times, 13 July 2021, page B6: Professor David Tan from the National University of Singapore’s Faculty of Law, said the fair-dealing term caused some confusion here as some people took it to mean Singapore’s approach was like that of other jurisdictions like England, in which using copyrighted material could infringe rights if it does not fall neatly into specific uses.

But the change to fair use, and related matters, would make Singapore’s copyright law “more future-ready and closer to the American system”, he said, as the United States model is not reliant on such pre-defined uses. “This fair-use definition allows the courts to better assess whether the (extensive collection) of technological and artistic uses are permitted uses,” added Prof Tan.

But Prof Tan said the amendments would not mean anyone can freely repost or share content he or she did not create on social media.

For members of the public, this would likely be deemed fair use. However, for celebrities, influencers and businesses, the commercial aspect of their online accounts may result in a finding that the reposting is not fair use and thus infringes copyright, he said.

It will also depend on whether the meaning of the original work is transformed, such as making fun of it in a meme or criticising an aspect of it. “It is highly unlikely that it is fair use if you post a video of yourself dancing or lip-syncing to an entire song. But if you change the lyrics and parody the original, then it is probably fair use,” Prof Tan said. Another proposed change to the Copyright Act says the original singer must be identified too, added Prof Tan.

Read the full story from https://www.straitstimes.com/tech/tech-news/fair-use-changes-to-law-could-make-it-easier-to-defend-memes