Director Yvonne Tang quoted in Asia IP article on amendments to Singapore’s Copyright Act
07 Oct 2021
Director Yvonne Tang shared her insights with Asia IP on amendments to the Copyright Act in Singapore, in particular photographers hired for wedding photography will become the default first owners of the photos. The new Copyright Bill is expected to be enacted into law in November 2021.
The shift in ownership of copyright from the contracting party, such as a newlywed couple, to the creator, such as the wedding photographer, is one of the amendments to the Copyright Act. The creator may waive his ownership of the copyright and transfer this right to the contracting party via negotiations and a contract. This amendment was made to address the inequality of bargaining power between large commissioning parties and creators.
Yvonne commented that in the case of wedding photography, it may be viewed as a particularly unique situation, distinguishable from other types of works such as sound recordings or films commissioned by a company for a corporate flyer or event. She was quoted saying, “From the bargaining inequality perspective, it may in fact be the subject of wedding photography, namely the couple itself, as individuals, that lack familiarity and experience in the area, as compared to entities experienced in the wedding photography industry.” Yvonne also highlighted that the power imbalance between commissioning parties and creators may remain, citing “it is not unimaginable that there will be creators who would readily cede ownership rights, leading to other creators being pressurized to follow suit, to remain competitive.”
You may click here to read the full article that appears on Asia IP.