what
is copyright?
In Singapore,
copyright law is governed by the Copyright Act (Cap 63) of 1987 and as
amended by the Copyright (Amendment) Act 1994 and the Copyright
(Amendment) Act 1998. Further amendments are expected in the Copyright
(Amendment) Act 1999.
Copyright refers
to the exclusive right to do a number of things in relation to a
work: such as, reproduce or make a copy of a work; publish the work;
perform the work in public; broadcast the work; include the work in a
cable program service, etc.. In relation to the right to make a copy,
that right is infringed when a substantial part of the work is
copied.
In addition to
exclusive rights, there is the concept of moral right at common law
that is also applicable in Singapore. The concept of moral right is that
the copyright owner of a work has the right to claim to be identified as
such and to object to any distortion, mutilation or other modification of
his work that would be prejudicial to his reputation. Further, in this
connection, the Copyright Act imposes a duty on anyone not to falsely
attribute the authorship of a work or to knowingly reproduce, publish,
sell or let for hire or by way of trade offer for sale any such altered
works. The copyright owner has a cause of action against anyone who
breaches such a duty.
For
copyright to subsist, the work must be a protected work under the
Copyright Act. Copyright protection can be claimed in the following
categories of works or materials:
- literary works (which
also includes computer programs and as amended by the Copyright
Amendment Act 1999, also includes creative compilations);
- musical works;
- artistic works;
- dramatic works (the
above are generally known as "authors’ works");
- sound recordings;
- cinematograph films;
- broadcasts;
- cable programs;
- published editions of
works; and
- live performances.
There is
copyright in any original expression. The test of "originality"
is not stringent. An expression is considered original as long as it is
not copied from some other work and there is a degree of intellectual
effort, labor and skill involved in the creation.
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what
is a trade mark?
A trade mark is
any visually perceptible sign capable of being represented graphically and
which is capable of distinguishing goods or services dealt with or
provided in the course of trade by a person from goods and services so
dealt with or provided in the course of trade by any other person.
Such a sign includes any letter, word, name, signature, numeral, device,
brand, heading, label, ticket, shape, colour, aspect of packaging or any
combination thereof. An example of a famous trade mark is Coca-Cola. Sound
and smell marks are excluded from the definition of a trade mark.
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TTTerms
and Conditionsss
PLEASE READ
THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE (the "Sites").
WELCOME TO Team Organization™ ! Please
read these terms and conditions of use carefully before using Team Organization™
(the "Site"). Your access to and use of the Site is subject to the
following terms and conditions (including the Privacy Policy of the Site) and
all applicable laws. By accessing and using this Site, you signify your assent
to these Terms of Use. If you do not agree to these Terms of Use, please do not
use the Site. These Terms of Use may be amended or modified, or new conditions
may be imposed, at any time. Any such changes or additions will be reflected by
an update of this posting. Please check these Terms of Use periodically for
changes. Your continued use of the Site following the posting of changes to
these terms (including the Privacy Policy) will mean you accept those changes.
This site is fully controlled and operated
by Team Organization™, Inc. (referred to below as "Team Organization™"
"we," "us," and "our"). By accessing and using
this Site, you agree to be legally bound by these terms of use. If you do not
agree to these terms, please do not use the Sites. We reserve the right, at our
sole discretion, to change, modify, add to, or otherwise alter these Terms
and Conditions at any time. Such changes and/or modifications shall
become effective immediately upon their posting, so please review the Terms and
Conditions posted at this link periodically. Your continued use of the Site
following the posting of changes and/or modifications will constitute your
acceptance of the revised Terms and Conditions (including the Team Organization™
Privacy Policy). For your information, this page was last updated on Sunday, May 12, 2002 10:20:08 AM
LINKS
LINKS
LINKS
LINKS
LINKS
LINKS
The following restrictions apply to all links to the Site from any on-line,
cable, wireless or other site, service or browser:
A. On-line, cable, wireless or other sites, services or browsers created by,
licensed by or substantially associated with any entity that regularly promotes
any product, brand or service may not link to Team Organization™ without the
written permission of Team Organization™, even if the page/area where the link
originates does not promote a product, brand or service.
B. Sites, services or browsers other than Commercial Sites (e.g., fan sites,
chamber of commerce sites, search engines, widely available Internet browsers)
("Permissible Sites") may link to Team Organization™ sites without
the express written permission of Team Organization™ if such link is: (i) a
"word" (as opposed to a "logo") link; and (ii) spatially
separated from, and not otherwise associated with, any sponsorship advertising,
or other commercial text or graphics that may be on the page/area containing
such word link.
C. The Team Organization™ logo or any other logo of the Team Organization™
may not be used to link to Team Organization™ sites without the written
permission of Team Organization™.
D. No link to the Sites may be "framed" by the Permissible Site where
the link originated if such "frame" contains any sponsorship,
advertising or other commercial text or graphics.
E. All links to Sites from a Permissible Sites must be to the Site's home page
-- links to internal pages within the Sites other than to the home page are not
permitted.
F. The posting or creation of any link to the Site signifies that you have read
these Linkage Restrictions and agree to abide by their terms.
OWNERSHIP
OF INTELLECTUAL PROPERTY
RESTRICTIONS
ON USE
All site software, designs, text, images, photographs, illustrations, audio
clips, video clips, artwork, graphic material, or other copyrightable elements,
and the selection and arrangements thereof, and trademarks, service marks and
trade names (the "Materials") are the property of Team Organization™,
Inc. and/or its subsidiaries, affiliates, assigns, licensors or other respective
owners, and are protected, without limitation, pursuant to SG. and foreign
copyright and trademark laws.
Users are not permitted or
authorized to copy, reproduce, republish, upload, post, transmit, or distribute
Materials (or any portion thereof) in any way or by any means, except that you
may download one copy of appropriately limited portions of the Materials on any
single computer for your personal, noncommercial use only, provided you include
"© 2001 Team Organization™ Sites, Inc. All Rights Reserved" on
every page containing copyrightable elements and you keep intact other
proprietary notices. Modification of Materials or use of Materials for any other
purpose is a violation of Team Organization™' copyright and other proprietary
rights. For purposes of these Terms and Conditions, use of any Materials in any
unauthorized manner (including, without limitation, on web pages or sites that
contain paid or free advertisements, third-party endorsements of any kind or
nature (including without limitation, endorsements of a religious, political, or
social orientation nature), promotions, products, games, services, or other
inappropriate content) is strictly prohibited. Team Organization™ hereby
grants you a personal, non-exclusive, non-assignable, revocable,
non-transferable license to use and display, for noncommercial and personal use
only, one copy of appropriately limited portions of the Materials and/or
software that are downloadable from this Sites, including, without limitation,
any files, codes, audio, or images incorporated in or generated by or in
conjunction with the Site and/or Team Organization™, provided that that "©
2001 Team Organization™, Inc. All Rights Reserved" accompanies all
copyrightable Materials and other notices are properly maintained. You agree not
to reproduce, modify, create derivative works from, display, perform, publish,
distribute, disseminate, broadcast, sell, recompile, reverse engineer,
disassemble, or circulate any Materials to any third party (including, without
limitation, display and distribute the Materials via a third party website)
without Team Organization™' express prior written consent. Unauthorized or
prohibited exploitation of Materials will result in deletion of the offender's
account from the Site, and may subject the offender to civil liability and
criminal prosecution under applicable federal and state laws.
Team Organization™ respects
the intellectual property of others, and we ask our users to do the same. Team Organization™
may, in appropriate circumstances and at its discretion, terminate the accounts
of users who infringe the intellectual property rights of others.
If you believe that your work has been copied
in a way that constitutes copyright infringement, please provide Team Organization™'s
Copyright Agent with the following information:
(1) an electronic or physical
signature of the person authorized to act on behalf of the owner of the
copyright interest;
(2) a description of the copyrighted work that you claim has been infringed;
(3) a description of where the material that you claim is infringing is located
on the site;
(4) your address, telephone number, and email address;
(5) a statement by you that you have a good faith belief that the disputed use
is not authorized by the copyright owner, its agent, or the law;
(6) a statement by you, made under penalty of perjury, that the above
information in your Notice is accurate and that you are the copyright owner or
authorized to act on the copyright owner's behalf.
Team Organization™'s Copyright
Agent for Notice of claims of copyright infringement can be reached as follows:
Team Organization
Building Tower A
Legal Department
Team Organization™, Inc.
P.O. Box 552
Team Organization Road, SG 558486
Telephone: (+ international dialing code) 65-777-TEAM
Fax: (+ international dialing code) 65-777-TEAM
E-mail: LEGAL@TEAM.ORG
USE
OF USER SUBMITTED MATERIALS
By uploading or otherwise submitting any materials to us and/or the Sites, you
(and your parents, if you're under age 18) automatically grant (or warrant that
the owner of such rights has expressly granted) to Team Organization™ a
perpetual, royalty-free, irrevocable, nonexclusive right and license to use,
reproduce, modify, adapt, publish, translate, create derivative works from, and
distribute such materials or incorporate such materials into any form, medium,
or technology (now known or hereafter developed or devised) throughout the
universe. In addition, you warrant that all so-called "moral rights"
and other rights recognized throughout the world (including without limitation,
the European Economic Community) in those materials have been waived.
DISCLAIMER
AND LIMITATION OF LIABILITY
THIS SITE AND ALL MATERIALS CONTAINED ON IT ARE DISTRIBUTED AND TRANSMITTED ON
AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF
ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE UNDER
APPLICABLE LAW, Team Organization™ DISCLAIMS ALL
WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Team Organization™
DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE OR MATERIALS WILL BE
UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE
OR THE SERVERS THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL
COMPONENTS. Team Organization™ DOES NOT WARRANT
OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE
MATERIALS IN THIS SITE WITH REGARD TO THEIR CORRECTNESS, ACCURACY, RELIABILITY,
OR OTHERWISE. THE ENTIRE RISK AS TO THE QUALITY, ACCURACY, ADEQUACY,
COMPLETENESS, CORRECTNESS AND VALIDITY OF ANY MATERIAL RESTS WITH YOU. YOU
(I.E., NOT Team Organization™) ASSUME THE
COMPLETE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. APPLICABLE LAW
MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY
NOT APPLY TO YOU.
TO THE FULLEST EXTENT
PERMISSIBLE PURSUANT TO APPLICABLE LAW, Team Organization™,
ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS,
LICENSORS, REPRESENTATIVES, AND THIRD PARTY PROVIDERS TO THE SITE WILL NOT BE
LIABLE FOR DAMAGES OF ANY KIND INCLUDING, WITHOUT LIMITATION, COMPENSATORY,
CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR SIMILAR DAMAGES, THAT MAY RESULT
FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS CONTAINED ON THIS SITE,
WHETHER THE MATERIAL IS PROVIDED OR OTHERWISE SUPPLIED BY Team
Organization™ OR ANY THIRD PARTY.
NOTWITHSTANDING THE FOREGOING,
IN NO EVENT SHALL Team Organization™ HAVE ANY
LIABILITY TO YOU FOR ANY CLAIMS, DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER
IN CONTRACT, TORT OR OTHERWISE) EXCEEDING THE AMOUNT PAID BY YOU, IF ANY, FOR
ACCESSING THIS SITE.
THIRD
PARTY HYPERLINKS
The appearance of external hyperlinks and/or other materials generated by
third parties does not constitute an endorsement by Team Organization™, its
subsidiaries and affiliates, of the opinions or views expressed by these third
party web sites. Team Organization™ explicitly disclaims any responsibility
for the accuracy, content, availability, currency, completeness or quality of
the content contained at these sites. Further, Team Organization™ is not
responsible for the quality or delivery of the products or services offered,
accessed, obtained by or advertised at such sites. As such, neither Team Organization™
nor its subsidiaries and affiliates are responsible for any errors or omissions
or for the results obtained from the use of such information contained in these
sites.
Team Organization™
encourages discretion when browsing the Internet using anyone's service. Because
some sites employ automated search results or otherwise link you to sites
containing information that may be deemed inappropriate or offensive, Team Organization™
cannot be held responsible for the accuracy, copyright compliance, legality, or
decency of material contained in third-party sites, and you hereby irrevocably
waive any claim against us with respect to such sites. Thus, under no
circumstances will Team Organization™ be liable for any direct, indirect,
incidental or special loss or other damage, whether arising from negligence,
breach of contract, defamation, infringement of copyright or other intellectual
property rights, caused by the exhibition, distribution or exploitation of any
information or content contained within these third party hyper linked sites.
Team Organization™ cannot
ensure that you will be satisfied with any products or services that you obtain
from a third-party site that links to or from Team Organization™, since such
sites are owned and operated by third parties. Team Organization™ does not
endorse any of the merchandise or services, nor has Team Organization™ taken
any steps to confirm the accuracy or reliability of any of the information
contained on such third-party sites. Team Organization™ does not make any
representations or warranties as to the security of any information (including
without limitation, credit card and other personal information) you may be
required to provide on a third-party site, and you hereby irrevocably waive any
claim against Team Organization™ with respect to such sites. We strongly
encourage you to make whatever investigation you feel necessary or appropriate
before proceeding with any online or offline transaction with any of these third
parties.
INDEMNIFICATION
You agree to indemnify, defend and hold harmless Team Organization™, its
affiliates, and their respective officers, directors, employees, agents,
licensors, representatives, and third party providers to the site from and
against all losses, expenses, damages and costs, including reasonable attorneys'
fees, resulting from any violation of these Terms and Conditions by you. Team Organization™
reserves the right to assume, at its sole expense, the exclusive defense and
control of any matter subject to indemnification by you, in which event you will
fully cooperate with Team Organization™ in asserting any available defenses.
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