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ARTICLE · 13 FEBRUARY 2012

A Company Can Own... But Can It Author?

In a claim for copyright infringement, it must be proven that the work is the original creation of a human author.

SingaporeIntellectual Property
John Paul Loo
John Paul Loo

The question on whether a company could be considered the author of a work for the purpose of asserting copyright protection was addressed in a recent decision of the Court of Appeal of Singapore involving two publishers of horseracing magazines.

The issue emanated from a claim for copyright infringement and passing off lodged before the High Court by Pioneers & Leaders (Publishers) Pte Ltd against Asia Pacific Publishing Pte Ltd. Pioneers and Leaders is the publisher of Punters' Way magazine while Asia Pacific Publishing is the publisher of Racing Guide magazine.

The claim alleged that Racing Guide copied the table guides containing relevant horseracing information which were first used in Punters' Way. In both magazines, the table guides contained the same set of information (ie. race card, results panel, track work and records of past performances) and were organised in the same sequence. Racing Guide also used a colour coding system in its table guides which is

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