CONSUMERS are generally aware that using Bit Torrent to download blockbuster movies and music from record labels is wrong but many may think that copying other Netizens' screen shots and home-made videos is perfectly legitimate.
This could not be further from the truth.
Home-made videos, self-shot photographs and even entries in personal blogs may automatically gain copyright protection under the law the moment they are created.
There is no requirement in Singapore for you to register your copyright.
In order for a creation to be protected by copyright, it only needs to be original (with some effort put into its creation) and expressed in a tangible form - no strict artistic merit required.
For example, copyright is yours once you write an original storyline on paper or your crazy dance routine is captured on video.
Other original works protected by copyright include the lyrics and melody of a song, the text of a short story, a painting and even a computer program.
Another feature of copyright law is that the copyright owner is entitled to license his work.
When we buy the latest U2 CD from a record store, we are in effect purchasing a license to listen to that music.
Now, while you can download an MP3 off a website like iTunes, or watch a video on YouTube, you probably accepted a licence agreement in some form, restricting you from certain activities.
As a copyright owner, not only do you have the right to reproduce, publish, perform, communicate and adapt your work, you also have the right to stop a copyright infringer from selling, hiring or distributing the copyrighted article.
Copying works off the Internet
E-books, blog entries, lyrics of a song, articles in journals and source codes of computer programs are all works that can be found online and protected by copyright.
If you reproduce or copy the content without the express consent of the author, you will be infringing the author's copyright.
Crediting the author or website is not sufficient.
However, if you reproduce a reasonable amount of a particular work for criticism, review or academic research, and with due credit given to the author, you can be allowed to do so under the "fair dealing" exception.
If in your blogging or writing, you copied or quoted substantial text from another blog or book and posted that on your blog or website, you would be infringing on that author's copyright.
As computer code is also protected by copyright, bloggers who substantially copy the blog templates of others without obtaining consent are potentially infringing on copyright too.
There are, however, plenty of Web resources offering free templates for personal and non-profit use.
Music and MP3
When you buy music from online services, like the iTunes Music Store, you are getting a licence - a right to listen to the song.
You do not actually own the song.
Do read the terms of agreement to see if you are entitled to make copies of the music - for your own use, of course.
Some services permit the making of multiple copies so you can listen to the tracks on your laptop and MP3 player.
If you recorded your own song at home, you have copyright over your original melody and lyrics.
If you are recording covers of original tracks, you still have copyright over your version of the song, but you must get the permission of the original songwriter and music composer.
If you set up your blog or website and embed pop hits in it, you are infringing copyright if you did not obtain permission.
Photos and pictures
Saving a copy of a picture from a website to your PC is an an infringement of copyright.
However, some websites allow you to download their pictures and photographs for personal or non-commercial use and merely request for users to acknowledge the owners of these photographs.
Generally, the copyright owner of a work is the author but if he was commissioned to take the photograph or make the drawing, the person who commissioned the work owns the copyright.
So if you were hired to be a wedding photographer, your clients own the copyright of all the pictures you took at their wedding.
Videos
In principle, viewing videos online may technically be a copyright infringement as a copy is sometimes created in your hard drive automatically.
However, authors who upload their videos onto YouTube have given users the licence to view the video.
Downloading videos without authorisation, on the other hand, is a clear infringement, regardless of where you got it from.
Contributed by Meryl Koh, international lawyer, and Shane Low, associate.
They are from Drew & Napier LLC's Intellectual Property Business Group.
This is the first of a four-part series on intellectual property
This story was first published in The Straits Times Digital Life.
