The amendments to the Copyright Act to tackle online piracy became effective on 10 December 2014. Essentially, a copyright owner may now protect their rights against online locations that clearly and flagrantly infringe copyright (“Offending Sites”) through judicial directions issued towards anetwork service provider (“NSP”) or internet service provider (“ISP”) to disable access to these Offending Sites. These judicial measures involve the issuing of directions to NSPs and ISPs without commencing copyright infringement proceedings against the NSPs and ISPs.
A copyright owner or an exclusive licensee of the work may now find it easier to obtain a permanent court injunction to prevent public access to copyright infringing material on the Internet as there is no need to first establish the NSP’s or ISP’s complicity in the copyright infringement. The amendments establish the judicial process meant to target the Offending Sites. The High Court is now empowered under the Copyright Act to decide whether an online location has been or is being used to flagrantly commit or facilitate infringement of copyright in materials.
The Copyright Act incorporating the new provisions to tackle online piracy is available from the Singapore Statutes Online website http://statutes.agc.gov.sg.