Singapore News Flash - Another landmark case for the Singapore IP team

03 December 2010

A team lead by Alban Kang and Koh Chia Ling, together with associate Oh Pin-Ping has won an appeal before the Singapore Court of Appeal for RecordTV -  a start-up company which offered an IDVR service to allow consumers to record and time shift free to air TV broadcast programmes.

In an action for groundless threat against MediaCorp, the national broadcaster counterclaimed copyright infringement by RecordTV. The High Court originally found in favour of and awarded damages to MediaCorp, finding that RecordTV had authorised the infingement by consumers who used their services.

In allowing the appeal, which one local newspaper described as "a stunning reversal", the Court of Appeal held that RecordTV did not authorise any infringement and that RecordTV was "doing no more than making it convenient" for consumers to record TV programmes. The Court of Appeal granted an injunction against MediaCorp and awarded damages to RecordTV.

The Court of Appeal also commented that there is a need to balance the interests of copyright owners but at the same time not hinder creativity or innovation.



Alban Kang


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