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Public Consultation on Exemptions to Prohibition Against Circumvention of Technological Access Control Measures
Posted on Thursday, June 15, 2006 - 10:00 AM

The purpose of this public consultation exercise is to determine whether there are specific copyright material or protected performances; or specific classes of copyright material or protected performances, as to which users are, or are likely to be, adversely affected in their ability to make non-infringing uses due to the prohibition on circumvention of access controls. If the Minister is satisfied of such adverse impact, he may exempt the relevant material (protected by technological access control measures) from the prohibition against circumvention under the Copyright (Excluded Works) Order 2007.
The Copyright Act (Cap. 63) prohibits the circumvention of technological access control measures as applied to copyright material and protected performances (Section 261C). For example, the act of bypassing passwords used to restrict access to copyright material is prohibited.

However, the Minister for Law may exclude specified copyright material and performances; or specified classes of copyright material and performances, from the prohibition (Section 261D(2) ) and in this regard, the Copyright (Excluded Works) Order 2005 currently applies. This Order expires on 31st October 2006. Please click here for the full text of the Order. Under the Copyright (Excluded Works) Order 2005, the following is currently excluded from the prohibition against circumvention:
(a) any compilation which consists of a list of blocked Internet locations;
(b) any computer program to which access is controlled by means of an obsolete dongle that is damaged or defective;
(c) any computer program or video game —
i. which is distributed in an obsolete format; and
ii. to which access may be gained only by means of the original medium or hardware in or with which it was designed to be used or operated; and
(d) any literary work —
i. which is in an electronic book format; and
ii. in respect of which a technological access control measure has been applied to all existing electronic book editions of the work (including any digital text edition made available by an institution assisting handicapped readers) so as to —
(A) prevent the operation of the read-aloud function of the electronic book; and
(B) prevent screen readers from converting the text into a specialised format.

The purpose of this public consultation exercise is to determine whether there are specific copyright material or protected performances; or specific classes of copyright material or protected performances, as to which users are, or are likely to be, adversely affected in their ability to make non-infringing uses due to the prohibition on circumvention of access controls. If the Minister is satisfied of such adverse impact, he may exempt the relevant material (protected by technological access control measures) from the prohibition against circumvention under the Copyright (Excluded Works) Order 2007.

In this regard, feedback is sought on:
1. whether the existing list of excluded works should continue to be exempted from the prohibition against circumvention of technological access control measures as applied to them; and
2. whether there are any other specified copyright material and performances; or specified classes of copyright material and performances, which should be exempted from the prohibition against circumvention of technological access control measures as applied to them.

Written comments from all interested parties, including representatives of copyright owners, educational institutions, libraries and archives, scholars, researchers and members of the public are invited. For each copyright material and performance; or each class of copyright material and performance, that is proposed for exemption, the interested party is requested to firstly identify this and then provide reasons why the exemption should apply. Such reasons should include, in particular, how the prohibition would otherwise adversely impair or affect non-infringing uses of the specified copyright material and performances; or specified classes of copyright material and performances.

Feedback may be submitted to www.ipos.gov.sg or by post to IPOS's office from 15th June to 15th August 2006.

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