Virtual Map v SLA: Copyright Infringement of Street Directory Data
Virtual Map (Singapore) Pte Ltd appealed to the High Court of Singapore against the District Court's decision that it had infringed the copyright of Singapore Land Authority (SLA) with respect to SLA’s street directory data and address point data. The High Court, presided over by Justice Tan Lee Meng, dismissed the appeal, finding that Virtual Map had substantially copied SLA's copyright works after the termination of their license agreements. The court upheld the injunction restraining Virtual Map from infringing SLA's copyright and ordered an inquiry as to damages or an account of profits.
1. Case Overview
1.1 Court
High Court1.2 Outcome
Appeal Dismissed with costs.
1.3 Case Type
Intellectual Property
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Virtual Map infringed SLA's copyright by substantially copying street directory data. The court upheld the injunction against Virtual Map.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Singapore Land Authority | Respondent, Plaintiff | Government Agency | Judgment for Plaintiff | Won | |
| Virtual Map (Singapore) Pte Ltd | Appellant, Defendant | Corporation | Appeal Dismissed | Lost |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Tan Lee Meng | Judge | Yes |
4. Counsels
4. Facts
- SLA is the copyright owner of street directory data and address point data in vector format.
- VM entered into license agreements with SLA to use its street directory data and address point data.
- SLA terminated the license agreements with VM on 10 July 2004.
- SLA alleged that VM continued to offer for sale maps that were reproductions of SLA’s copyright works after the termination of the license agreements.
- VM claimed its online maps were independently created through GPS data and satellite imagery.
- SLA contended that VM's maps contained 'fingerprints' of SLA's copyright material, indicating substantial copying.
- VM's map-makers had no qualifications in land survey or experience in cartography.
5. Formal Citations
- Virtual Map (Singapore) Pte Ltd v Singapore Land Authority, DA 19/2007, [2008] SGHC 42
6. Timeline
| Date | Event |
|---|---|
| Virtual Map (Singapore) Pte Ltd incorporated. | |
| Singapore Land Authority established. | |
| SLA served notice to terminate license agreements with VM. | |
| License agreements between SLA and VM terminated. | |
| SLA demanded VM stop using materials containing reproductions of SLA’s copyright works. | |
| District Court trial occurred. | |
| High Court rendered decision dismissing the appeal. |
7. Legal Issues
- Copyright Infringement
- Outcome: The court held that Virtual Map had infringed SLA's copyright by substantially copying its street directory data.
- Category: Substantive
- Sub-Issues:
- Copying
- Substantial Copying
- Independent Creation
- Altered Copying
- Estoppel
- Outcome: The court held that SLA was not estopped from asserting its copyright.
- Category: Procedural
- Implied Terms in Contract
- Outcome: The court held that there was no implied term in the license agreements allowing Virtual Map to continue using SLA's data after termination.
- Category: Substantive
8. Remedies Sought
- Injunction
- Inquiry as to damages
- Account of profits
9. Cause of Actions
- Copyright Infringement
10. Practice Areas
- Intellectual Property Litigation
11. Industries
- Technology
- Mapping
- Software Development
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Creative Technology Ltd v Aztech Systems Pte Ltd | Court of Appeal | Yes | [1997] 1 SLR 621 | Singapore | Cited for the principle that the burden of proving substantial copying lies with the plaintiff. |
| Designers Guild Ltd v Russell Williams (Textiles) Ltd | N/A | Yes | [2000] 1 WLR 2416 | England and Wales | Cited for the test of copyright infringement: whether the infringer has incorporated a substantial part of the independent skill, labour etc contributed by the original author. |
| Billhofer Maschinenfabrik GmbH v TH Dixon & Co | N/A | Yes | [1990] FSR 105 | N/A | Cited for the principle that resemblances in inessentials, small, redundant, even mistaken elements of the copyright work carry the greatest weight in determining copyright infringement. |
| Forefront Medical Technology (Pte) Ltd v Modern-Pak Pte Ltd | N/A | Yes | [2006] 1 SLR 927 | Singapore | Cited for the principle that terms should be implied only rarely in order not to undermine the concept of freedom of contract itself. |
| Regina Glass Fibre Limited v Werner Schuller | N/A | No | [1972] FSR 141 | England and Wales | Cited by VM to support its assertion that it is entitled to continue to use SLA’s data after the termination of the licence agreements but the court distinguished it. |
| Genelabs Diagnostics Pte Ltd v Institut Pasteur & Anor | Court of Appeal | Yes | [2001] 1 SLR 121 | Singapore | Cited for the definition of acquiescence in copyright cases. |
| Virtual Map (Singapore) Pte Ltd v Suncool International Pte Ltd | N/A | No | [2005] 2 SLR 157 | Singapore | Cited to show that SLA had asserted its copyright in separate proceedings. |
| The Moorcock | N/A | No | (1889) 14 PD 64 | England and Wales | Cited for the business efficacy test. |
| Shirlaw v Southern Foundries (1926) Limited | N/A | No | [1939] 2 KB 206 | England and Wales | Cited for the officious bystander test. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Copyright Act (Cap 63, 2006 Rev Ed) | Singapore |
| Section 10(1)(b) Copyright Act (Cap 63, 2006 Rev Ed) | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Copyright
- Infringement
- Street directory data
- Address point data
- Vector data
- Raster data
- Fingerprints
- Substantial copying
- Independent creation
- Licence agreement
- Geographic Information Systems
- GPS
- Satellite imagery
15.2 Keywords
- Copyright infringement
- Street directory
- Mapping data
- Singapore Land Authority
- Virtual Map
- Data copying
- Intellectual property
- GIS
- GPS
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Copyrights | 95 |
| Intellectual Property Law | 70 |
| Contract Law | 30 |
16. Subjects
- Copyright
- Intellectual Property
- Mapping
- Data Licensing