Copyright Act Notification

With effect from 1 Jan 2005, Copyright Act of Singapore (Chapter 63) will be amended by the implementation of the Copyright (Amendment) Act 2004 ("the Act"). This stems from the US Singapore Free Trade Agreement signed on 6 May 2003. The changes are aimed at copyright protection. We have set out the changes required by the new Act for your information and action, if necessary.

NOTE:

The Act prescribes that you will be liable, for (i) criminal and (ii) civil sanctions, on conviction (i) to a fine not exceeding S$10,000 or to imprisonment for a term not exceeding 2 years, and (ii) damages suffered by the person as a result of you making the notification, if you are found to have make a misrepresentation or false statement.

Please take note of the following instructions/ procedures:

  • In the event a copyright holder discovers any unauthorized distribution or production of his copyright material, he may notify Pacnet Internet (S) Limited, to the person designated and in the manner prescribed by the Copyright (Amendment) Act 2004 and any subsidiary legislation thereof, and Pacnet Internet (S) Limited shall take all reasonable efforts to remove or disable the infringing material;
  • Upon receipt of a valid take down notice, Pacnet Internet (S) Limited shall take all reasonable steps to notify the person who had posted the infringing material as soon as possible after the removal or disabling of the infringing material;
  • Should the person whose material has been removed or disabled does, within the prescribed time, send Pacnet Internet (S) Limited a valid counter-notification, to the person designated and in the manner prescribed by the Copyright (Amendment) Act 2004 and any subsidiary legislation thereof, to restore the infringing material, Pacnet Internet (S) Limited shall take all reasonable efforts to restore the infringing material as soon as possible UNLESS the person requesting for the material to be disabled or removed, has commenced action against the person who had posted the infringing material and Pacnet Internet (S) Limited is informed of such proceedings.

Please note that Pacnet Internet (S) Limited will only act upon a valid notification or counter-notification, i.e. a notice in the prescribed form under the Act.

All notification shall be sent to :-
Abuse Response Team (ART)
Pacnet Internet (S) Limited
89 Science Park Drive
#01-07 The Rutherford Singapore 118261

or send a fax to: 6773 6812
or email to: copyrightact.sg@pacnet.com

Please note that the abovementioned Abuse Response Team shall only be contacted for notification and not for general queries.

The notification to Pacnet Internet (S) Limited to disable or remove any infringing material should include, but is not
limited to:

  1. The identity, telephone number, physical and electronic address of the complainant;
  2. Information reasonably sufficient to enable Pacnet Internet (S) Limited to identify the material infringed, to locate the material, that is to be removed or disabled;
  3. Statement that the complainant has in good faith and belief that the use of the material is an infringement of copyright and without the copyright owner's consent;
  4. Statement that the complainant is the owner of the copyright of the material or is authorized to act on the copyright owner's behalf;
  5. Statement that complainant requires Pacnet Internet (S) Limited to remove or disable access to the material;
  6. Statement that the information provided is accurate;
  7. Statement that complainant submits to the jurisdiction of the Singapore Court for the purpose of any proceedings under the Act;
  8. Any further information that Pacnet Internet (S) Limited shall require;
  9. The signature of the complainant.

The counter-notification shall include, but not limited to:

  1. The identity, telephone number, physical and electronic address of the subscriber;
  2. Information identifying the material removed or disabled;
  3. Location at which the material appeared before it was removed or disabled;
  4. Statement that subscriber is the supplier of the material and has good faith that the removal or disabling of the material was a result of mistake or misidentification;
  5. Statement that subscriber agrees to be subject to any court order, from any court having jurisdiction over the place where subscriber's address is located;
  6. Statement that the subscriber will accept service of process in any such suit;
  7. Any further information that Pacnet Internet (S) Limited shall require;
  8. The signature of the subscriber.

Please take note that under the Copyright (Amendment) Act 2004, Pacnet Internet (S) Limited shall enjoy limited legal immunity as a Network Service Provider and shall exclude itself from damages arising out of disputes between the copyright owner and the offender.

Should you have queries on the abovementioned, please email us at copyrightact.sg@pacnet.com or send a fax to: 6773-6812.