What is the scope of copyright protection for computer software in Singapore?
This article provides a commentary on the application and scope of copyright protection in Singapore for FinTech startups in two broad aspects: (a) computer software and (b) AI / computer-generated content.
A. Computer Software
Copyright protects the expression of ideas, and not the ideas themselves. “Computer programs” are categorised as “literary works” which (if original and made by a Singapore Citizen / resident of Singapore) are afforded copyright protection under the Copyright Act (Chapter 63 of Singapore) (“Copyright Act”).
Section 7 of the Copyright Act defines “computer programs” as an an expression, in any language, code or notation of a set of instructions (whether with or without related information) intended, either directly or after either or both of the following:(a) conversion to another language, code or notation; (b) reproduction in a different material form, to cause a device having information processing capabilities to perform a particular function.
The above definition generally includes source codes, object codes and algorithms. It is important to note that other aspects of a computer software, which do not fall within the definition of “computer programs”, are also likely to be afforded copyright protection as a type of “literary work”, “artistic work” or “musical work”:
- Any technical, operating or design materials relating to the computer program;
- Compilations of one or more computer programs;
- Icons, graphic works and other screen displays; or
- Sounds effects.
Databases (which involve a compilation of data, which, by reason of the selection or arrangement of its contents, constitutes an intellectual creation) may have copyright protection over the arrangement /selection of such contents. This, does not however, mean that there is a copyright over the data itself.
Generally, copyright is likely to belong to the author (i.e. first owner of such copyright) unless he/she created it in the course of employment — in such case, the employer is the owner of the copyright, save for any agreement otherwise.
B. Computer-generated Content
With the advent of AI, machine learning has enabled computers to autonomously learn from data input and, to evolve and make future decisions. Machine learning algorithms are able to generate new content or adaptations of existing copyright works which therefore begs the question of who owns the new or adapted works?
Given that copyright protection is afforded to persons and not computers, there are several approaches to this issue:
- On one hand, the author / owner of the work should be the person who made the necessary actions and/or arrangements for the generation of such work. Given that developers are making principle decisions about the types of data sets and processes, they should be the author / owner of the works.
- On the other hand, if there is almost no contribution or intervention by a developer (i.e. in a fully-automated system) such computer-generated works may have no author to claim ownership. In such cases, it might be useful to revise / update the Copyright Act to include another category of “works”, which would be regarded as “entrepreneurial works”.
While the Copyright Act does not adequately cover copyright protection for computer-generated content, it is important for developers to ensure that they document the process of arranging, selecting and inputing data in a comprehensive manner, so as to have sufficient justifications for ownership.
The opinions expressed in this article are my own and do not represent the opinions of my employer. This article does not constitute legal advice or a legal opinion on any matter discussed and, accordingly, it should not be relied upon. It should not be regarded as a comprehensive statement of the law and practice in this area. If you require any advice or information, please speak to a suitably qualified lawyer in your jurisdiction. The author does not accept or assume any responsibility or liability in respect of this article.
