Virtual Map v Suncool: Copyright Infringement of Digital Map Images
Virtual Map (Singapore) Pte Ltd sued Suncool International Pte Ltd in the High Court of Singapore for copyright infringement of digital map images displayed on Virtual Map's website. Suncool admitted to reproducing a map image from Virtual Map's website without consent. The High Court dismissed Suncool's appeal against the grant of summary judgment to Virtual Map, finding that Virtual Map owned independent copyright in the maps and that Suncool's copying was substantial.
1. Case Overview
1.1 Court
High Court1.2 Outcome
Defendant's appeal dismissed.
1.3 Case Type
Intellectual Property
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Virtual Map sued Suncool for copyright infringement of digital map images. The court granted summary judgment for Virtual Map, finding Suncool's copying was substantial.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Virtual Map (Singapore) Pte Ltd | Plaintiff, Respondent | Corporation | Appeal allowed | Won | Low Chai Chong, Jonathan Seng |
| Suncool International Pte Ltd | Defendant, Appellant | Corporation | Appeal dismissed | Lost | Wong Siew Hong, Michelle Angelique Armand |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Lai Kew Chai | Judge | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Low Chai Chong | Rodyk and Davidson |
| Jonathan Seng | Rodyk and Davidson |
| Wong Siew Hong | Infinitus Law Corporation |
| Michelle Angelique Armand | Infinitus Law Corporation |
4. Facts
- The plaintiff creates and licenses digital raster street maps of Singapore.
- The defendant reproduced a map image from the plaintiff’s website without consent.
- The map image reproduced by the defendant disclosed the location of the defendant’s premises.
- The plaintiff obtained summary judgment against the defendant for copyright infringement.
- The plaintiff uses vector data from the SLA to create its maps.
- The plaintiff invested S$3 million in developing and maintaining its online map services.
- The defendant's website designer copied the map image.
5. Formal Citations
- Virtual Map (Singapore) Pte Ltd v Suncool International Pte Ltd, MC Suit 40057/2003, RAS 37/2004, [2005] SGHC 19
- Virtual Map (Singapore) Pte Ltd v Suncool International Pte Ltd, , [2004] SGDC 190
6. Timeline
| Date | Event |
|---|---|
| MC Suit 40057/2003 filed | |
| Deputy registrar's decision | |
| District judge dismissed the defendant’s appeal | |
| Appeal dismissed | |
| Further arguments heard | |
| Judgment reserved |
7. Legal Issues
- Copyright Infringement
- Outcome: The court held that the defendant's copying was substantial and constituted infringement.
- Category: Substantive
- Sub-Issues:
- Substantial copying
- Originality of work
- Copyright Ownership
- Outcome: The court held that the plaintiff owned independent copyright in the map images and was entitled to commence proceedings in its own right.
- Category: Substantive
- Sub-Issues:
- Independent copyright
- Joint ownership
8. Remedies Sought
- Summary Judgment
- Damages
9. Cause of Actions
- Copyright Infringement
10. Practice Areas
- Intellectual Property
- Summary Judgment
11. Industries
- Technology
- Mapping
- Solar Control Films
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| MacMillan Publishers Limited v Thomas Reed Publications Limited | Unspecified | Yes | [1993] FSR 455 | Unspecified | Cited for the principle that copyright can vest in the creator of a work if they expended sufficient skill and labour to make the work original. |
| Acorn Computers v MCS Microcomputer Systems Pty Ltd | Unspecified | Yes | (1984) 57 ALR 389 | Australia | Cited for the principle that co-owners of copyright are treated as tenants in common and each is entitled to bring proceedings without joining the other. |
| ZYX Music GmbH v Chris King | Unspecified | Yes | [1995] FSR 566 | Unspecified | Cited for the principles that a plaintiff’s work, even if it infringes the copyright in another’s work, may nonetheless enjoy copyright, and that copyright is still enforced in such a situation where only an incidental civil wrong is involved. |
| Interlego AG v Tyco Industries Inc | Unspecified | Yes | [1989] AC 217 | Unspecified | Cited for the principle that originality requires an addition of some element of material alteration or embellishment which suffices to make the totality of the work an original work. |
| SA Editions du May v La Manufacture des Pneumatiques Michelin | French Court of Appeal | Yes | [1992] ECC28 | France | Discusses the burden of proving that a plaintiff’s work is not original, which can be met by the production of earlier, similar maps and proof that the publishers of those other maps had used the same combination of data as the plaintiff. The court found it to be of no assistance to the defendant in this appeal. |
| Hyperion Records Ltd v Warner Music (UK) Ltd | High Court (Chancery Division) | Yes | Hyperion Records Ltd v Warner Music (UK) Ltd (17 May 1991, High Court (Chancery Division), England) | England | The defendant relied on this case to support its proposition that the admitted copying of the plaintiff’s maps should be measured against the entire printed Singapore Street Directory. The court found that a map is in a different categorisation of work altogether. |
| Leco Instruments (UK) Ltd v Land Pyrometers Ltd | Court of Appeal | Yes | [1982] RPC 133 | Unspecified | The court referred to Fox LJ’s remarks in this case, stating that all a defendant has to do in order to avoid an O 14 judgment is to say that he disputes substantiality and wishes to call evidence. |
| Universal Press Pty Ltd v Provest Ltd | Federal Court of Australia | Yes | (1989) 87 ALR 497 | Australia | The court remarked that where an original map is subsequently altered there will be a question of fact involved in determining whether the map as altered has become a new original work or whether it remained the old work. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Copyright Act (Cap 63, 1999 Rev Ed) | Singapore |
| Section 124 Copyright Act (Cap 63, 1999 Rev Ed) | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Digital raster maps
- Copyright infringement
- Summary judgment
- Locus standi
- Originality
- Substantial copying
- Vector data
- Cartographic raw material
15.2 Keywords
- copyright
- infringement
- digital maps
- singapore
- virtual map
- suncool
- intellectual property
16. Subjects
- Copyright
- Intellectual Property
- Digital Mapping
17. Areas of Law
- Copyright Law
- Civil Procedure