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MUSIC TO THEIR EARS: Under the proposed changes, the Copyright Tribunal will be able to hear more disputes, including scenarios such as music lounges appealing for lower karaoke video royalty payments. -- ST FILE PHOTO
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THE Government is looking at expanding the powers of a specialist intellectual property dispute resolution body.
The Copyright Tribunal, set up in 1987, hears disputes between agencies representing copyright owners of 'literary, dramatic and musical works', and those using their products, like schools and businesses.
Since then, new technologies like digitisation and new media like film have significantly changed the way copyrighted materials are used, said an Intellectual Property Office of Singapore (Ipos) spokesman.
This is why it is proposing 'jurisdiction and operational' changes to 'enhance the role of the Copyright Tribunal in meeting the needs of users and owners of copyright works in the digital age', according to an Ipos statement.
For instance, under the tribunal's current powers, it can hear disputes involving schools and a textbook publisher, but not that of a music lounge arguing that the fees levied for the use of karaoke videos are too high.
Going forward though, the tribunal will be able to hear disputes involving 'all uses of all types of copyright works, including music and films', which have become increasingly commonplace in the digital age, said the Ipos spokesman.
Unlike the courts, the tribunal can also hear cases where no laws have been broken, such as disputes over how much copyright holders should be allowed to charge businesses.
The tribunal typically does not hear disputes involving consumers.
Besides expanding the tribunal's powers to include new media like sound recordings and film, Ipos is also looking at expanding the pool of tribunal members it can draw from for hearings.
The tribunal currently has four volunteer members. They consist of a law academic, an intellectual property lawyer, a businessman and a music conductor.
As a hearing must involve at least three members, conflicts of interest or lack of availability can set back hearings.
With the proposed expansion of the pool to 'up to 20' members, the tribunal will have more members to draw from.
The tribunal charges a one- time $200 fee for every case.
Parties that go before the tribunal are bound by its orders, but if they disagree 'on points of law', such as whether copyright exists for a particular work - but not non-legal issues like the quantum of fees payable - they can bring it to the High Court, said the Ipos spokesman.
The government agency has published the proposed changes to the tribunal on its website, www.ipos.gov.sg, and the public is invited to give feedback on these changes from today until March 10.
chuahh@sph.com.sg
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