COPYRIGHT ACT NOTIFICATION

 Introduction

The Copyright Act, Chapter 63 of Singapore (Copyright Act), as supplemented by its subsidiary legislation, provides limitation of liabilities for Network Service Providers (NSPs) such as Nucleus Connect based on various functions carried out by the NSPs (for example, routing of or storage of data).

 

As long as the copyright infringements occur in the various conditions and the NSP has complied with certain conditions imposed by the Copyright Act, the NSP will not be liable in monetary damages to copyright owners. Such conditions include the requirement to take reasonable steps to remove or disable access to the infringing material, upon receipt of the prescribed take-down notice from the copyright owner. In certain scenarios prescribed by the Copyright Act, after the infringing material has been removed or disabled, the NSP is required to take reasonable steps to notify the person who made it available so that such person can decide whether to serve a prescribed counter-notice requiring the NSP to restore the material.


Take-down Procedure

Therefore, if you discover any copyright infringement of your material, you may send a valid take-down notice to Nucleus Connect's Designated Person (at the contact address listed below) in accordance with the Copyright Act. Upon receipt of a valid take-down notice, Nucleus Connect will take reasonable steps to remove or disable access to the material in accordance with the Copyright Act.


Restoration Procedure

In certain scenarios prescribed by the Copyright Act, after the infringing material has been removed or disabled, Nucleus Connect will take reasonable steps to notify the person (“ Respondent ”) who made it available. If the Respondent send a valid counter-notice to Nucleus Connect's Designated Person (at the contact address listed below) within the prescribed time period and in accordance with the Copyright Act, Nucleus Connect will take reasonable steps to restore the material (if it is technically and practically feasible to do so) in accordance with the Copyright Act, UNLESS the copyright owner commences court proceedings to prevent the restoration of the material and Nucleus Connect is informed of such proceedings.


Nucleus Connect's Designated Person

All take-down notices and counter-notices must be sent to:

Nucleus Connect Abuse Response Team
Nucleus Connect Pte. Ltd.  
3 Tai Seng Drive, #04-01

Singapore 535216
or email to: copyrightact@nucleusconnect.com


Please note that Nucleus Connect's Designated Person should only be contacted for notifications under the Copyright Act and not for general or other queries.


Prescribed Take-down Notices and Counter-notices

PLEASE NOTE THAT NUCLEUS CONNECT WILL ONLY ACT UPON RECEIPT OF A VALID TAKE-DOWN NOTICE OR COUNTER-NOTICE, IE: THE NOTICE OR COUNTER-NOTICE MUST BE IN THE FORM PRESCRIBED BY THE COPYRIGHT ACT AND SENT TO NUCLEUS CONNECT IN ACCORDANCE WITH THE COPYRIGHT ACT. NUCLEUS CONNECT RESERVES THE RIGHT NOT TO ENTERTAIN ANY CORRESPONDENCE IF THE TAKE-DOWN NOTICE OR COUNTER-NOTICE IS INVALID.

 

The prescribed take-down notice to be sent to Nucleus Connect by the copyright owner must substantially contain, inter alia, all of the following information:

 

  • name and address of the complainant;
  • where the complainant is not resident in Singapore, the complainant's address for service in Singapore;
  • telephone number and email address of the complainant. Fax number is optional;
  • information to enable Nucleus Connect to identify the infringing material;
  • information identifying the location of the infringing material;
  • a statement that the complainant requires Nucleus Connect 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 in the take-down notice is accurate;
  • a statement that the complainant is the copyright owner or exclusive licensee as the case may be or that he is authorised to act on behalf of such owner or exclusive licensee; and
  • agreement that the complainant submits to the jurisdiction of Singapore Courts.

 

The prescribed counter-notice to be sent to Nucleus Connect by the Respondent must substantially contain, inter alia, all of the following information:

 

  • name and address of the Respondent;
  • where the Respondent is not resident in Singapore, the complainant's address for service in Singapore;
  • telephone number and email address of the Respondent. Fax number is optional;
  • information to enable Nucleus Connect to identify the material removed or disabled;
  • information identifying the location of the material before it was removed or disabled;
  • a statement that of good faith belief that the material was removed/disabled as a result of mistake or misidentification or the material does not infringe copyright in any material;
  • a statement that the information in the counter-notice is accurate; and
  • agreement that the complainant submits to the jurisdiction of Singapore Courts.

 

UNDER THE COPYRIGHT ACT, IF A PARTY IS FOUND TO HAVE MADE A FALSE STATEMENT IN HIS TAKE-DOWN NOTICE OR COUNTER-NOTICE, HE WOULD BE LIABLE IN DAMAGES TO ANY PARTY WHO SUFFERS ANY LOSS/DAMAGE AS A RESULT OF THAT NOTICE. IN ADDITION, IF CONVICTED, HE CAN BE FINED UP TO S$10,000 OR BE SENTENCED TO IMPRISONMENT FOR A TERM NOT EXCEEDING 2 YEARS.