Copyright Act Notification
The Copyright Act (Cap. 63) of Singapore (‘Copyright Act’), together with its subsidiary legislation, in particular, the Copyright (Network Service Provider) Regulations (the ‘Regulations’), grant Network Service Providers (NSPs) (NTT Singapore being one of these NSPs), limited liability in respect of certain services carried out e.g. transmission, routing, system caching and/or storage of data.
For copyright infringement(s) falling under the purview of the Copyright Act, NTT will not be liable in damages (including monetary damages) to copyright owners where NTT has complied with certain conditions stipulated by the Copyright Act. In general, these conditions may include the taking of reasonable steps remove or disable access to the infringing material after NTT has received a valid take down notice in the form prescribed by the Copyright Act. However, do note that in certain scenarios, NTT may be required to restore access to the removed infringing material. This will occur in situations where NTT is required under the Copyright Act to notify the person who made available the material in the first place and received a counter-notice from that person. In such an event, the copyright owner may wish to commence court proceedings to prevent such restoration and notify NTT.
Details of NTT’s designated representative to receive notices under the Copyright Act are as follows:
NTT Singapore Legal, Compliance & Audit Department
NTT Singapore Pte Ltd
20 West Pasir Panjang Road
Mapletree Business City
Email to: firstname.lastname@example.org
Fax: +65 6438-3102
Kindly be reminded that the designated representative should only be contacted for notifications under the Copyright Act and not for general or other queries.
If you discover any copyright infringement of your material, you may send a take-down notice to NTT’s designated representative. This take-down notice should, at minimum, contain all of the following details:
Name, address, contact number, facsimile number (if any), email address of the complainant and alternate address for service in Singapore (if complainant is not resident in Singapore);
Sufficient details of the infringing material and its online location enabling NTT to identify it;
A statement that expressly requires NTT to remove/disable access to the material;
A statement that the complainant, in good faith, believes that the material is an infringing copy;
A statement that the information contained in the take-down notice is accurate;
A statement that the complainant is the copyright owner or exclusive licensee or that he/she is authorized to act on behalf of such owner or exclusive licensee; and
Agreement that the complainant submits to the jurisdiction of the Singapore courts.
Upon receipt of a valid take-down notice, NTT will take reasonable steps to remove or disable access to the material in accordance with the Copyright Act.
In certain scenarios prescribed by the Copyright Act, NTT may be required to take reasonable steps to notify the person who first made the infringing material available (the ‘Respondent’) of its removal after NTT has removed or disabled access to such material pursuant to a valid take-down notice. Should the Respondent wish to restore access to the material, NTT will take reasonable steps (subject to technical and practical feasibility) to do so upon receipt by NTT’s designated representative of a valid counter-notice from the Respondent within the prescribed time limit. This counter-notice should, at minimum, contain all of the following details:
Name, address, contact number, facsimile number (if any), email address of the Respondent and alternate address for service in Singapore (if Respondent is not resident in Singapore);
Sufficient details of the material removed and its online location prior to its removal to enable NTT to identify it;
A statement that the Respondent, in good faith, believes that the material was removed or access was disabled as a result of mistake or misidentification or that the material does not infringe copyright in any material;
A statement that the information in the counter-notice is accurate; and
Agreement that the Respondent submits to the jurisdiction of the Singapore courts.
Note that in cases where the copyright owner has commenced court proceedings preventing restoration of the material and NTT has be informed of such proceedings, NTT may be unable to restore the removed material despite receiving a valid counter-notice sent by the Respondent.
NTT will only act upon receipt of a valid take-down notice/counter-notice; i.e. such notices must be in the form prescribed by the Copyright Act and sent to NTT in accordance with the Copyright Act. NTT reserves the right not to entertain any correspondence if any notices are invalid.
Please note that under the Copyright Act, any party found to have made a statement which is false or which he does not believe to be true in any take-down notice/counter-notice shall be liable in damages to any party who suffers any loss/damage as a result of that notice. In addition, if convicted, he shall be liable to a fine not exceeding S$10,000.00 or to imprisonment for a term not exceeding two (2) years.