Defining "the public" in copyright disputes

Managing IP is part of Legal Benchmarking Limited, 1-2 Paris Gardens, London, SE1 8ND

Copyright © Legal Benchmarking Limited and its affiliated companies 2026

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

Cookies Settings

Defining "the public" in copyright disputes

A panellist called for clarification about what defines “the public” in copyright disputes in Asia in yesterday’s “Copyright aspects of embedding, framing and hyperlinking” workshop at the AIPPI Congress

Tony Yeo, director at Drew & Napier, said Singapore has no definition of “the public” when the issue of making something “freely available to the public” is being discussed, adding that this contrasts with the position in Japan.

He pointed to the case in Singapore of RecordTV v MediaCorp TV, in which RecordTV used an internet-based digital video recorder to make MediaCorp programs available online. The court of appeals found that the registered users did not constitute “the public” because the communications were made “privately and individually”.

“This is an issue touched on by the Aereo case, and that went the other way,” said Yeo. Perhaps if Aereo had come out earlier, the Singapore decision might have gone the other way.”

Fellow panellist Dale Nelson of Warner Brothers noted the language of the Aereo decision talking about performance being activated at a “’turn of the knob’—a click on a website”. “The Aereo decision found direct liability for public performance so I think it provides an opportunity to rethink some of the decisions that have been made about direct infringement,” Nelson said.

more from across site and SHARED ros bottom lb

More from across our site

Olga Partington, director in Sterne Kessler’s biotechnology and chemical practice group, shares why a patent's vulnerability peaks when it is young, rather than when it is most valuable, under the PTAB's new framework
IP experts gathered in San Francisco last week to discuss the changing global SEP landscape and new licensing models for AI infrastructure
SKW Schwarz partner Daniel Kendziur explains how new green claims rules are changing his workload and bringing him into direct contact with marketing, PR and government affairs teams
The government is targeting earlier resolution of SEP disputes while ruling out a standalone IPEC rate determination track and restrictions on injunctions
Ana Castedo, who brings a strong focus on patent litigation, will help build the firm’s IP litigation offering in Madrid
A former scientist, inventor and now a patent practice leader, Hanane Fathi Roswall shares her views on leadership, diversity, the rise of AI and the promise of the UPC
With rumours that a third IP judge could yet join the England and Wales High Court, we run through some potential names while practitioners outline the importance of a well-stocked bench
Speaking to Managing IP at Via’s Bridge Summit in San Francisco, president Kevin Mack explains why the AI infrastructure boom is forcing a rethink of traditional SEP licensing and FRAND models
Law firms continue to sell clients on international footprints, but sprawling office networks count for little if financial structures discourage internal collaboration
Via's Qi pool expands its footprint in Asia with the addition of Chinese smartphone giant and Japanese auto company
Gift this article