RecordTV v MediaCorp: Copyright Infringement, Groundless Threats, and Time-Shifting
RecordTV Pte Ltd, owner of an Internet-based service, sued MediaCorp TV Singapore Pte Ltd and others for groundless threats of copyright infringement. MediaCorp counterclaimed copyright infringement. The High Court of Singapore, presided over by Justice Andrew Ang, ruled against RecordTV, finding them liable for authorising copyright infringement by allowing users to record and view MediaCorp's broadcasts and films. The court granted interlocutory judgment to MediaCorp, with damages to be assessed.
1. Case Overview
1.1 Court
High Court1.2 Outcome
Interlocutory judgment granted to the defendants with damages to be assessed by the registrar. The plaintiff's claim against the defendants for groundless threats of copyright infringement fails.
1.3 Case Type
Intellectual Property
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
RecordTV sued MediaCorp for groundless threats of copyright infringement. MediaCorp counterclaimed, alleging copyright infringement. The court found RecordTV liable.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| RecordTV Pte Ltd | Plaintiff | Corporation | Claim Dismissed | Lost | Koh Chia Ling, Ang Kai Hsiang |
| MediaCorp TV Singapore Pte Ltd | Defendant | Corporation | Counterclaim Allowed | Won | Davinder Singh SC, Gill Dedar Singh, Paul Teo, Roe Yun Song |
| Mediacorp TV 12 Singapore Pte Ltd | Defendant | Corporation | Counterclaim Allowed | Won | Davinder Singh SC, Gill Dedar Singh, Paul Teo, Roe Yun Song |
| Mediacorp News Pte Ltd | Defendant | Corporation | Counterclaim Allowed | Won | Davinder Singh SC, Gill Dedar Singh, Paul Teo, Roe Yun Song |
| Mediacorp Studios Pte Ltd | Defendant | Corporation | Counterclaim Allowed | Won | Davinder Singh SC, Gill Dedar Singh, Paul Teo, Roe Yun Song |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Andrew Ang | Judge | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Koh Chia Ling | ATMD Bird & Bird LLP |
| Ang Kai Hsiang | ATMD Bird & Bird LLP |
| Davinder Singh SC | Drew & Napier LLC |
| Gill Dedar Singh | Drew & Napier LLC |
| Paul Teo | Drew & Napier LLC |
| Roe Yun Song | Drew & Napier LLC |
4. Facts
- RecordTV operated a service allowing users to record free-to-air broadcasts.
- MediaCorp alleged RecordTV infringed copyright by copying and communicating broadcasts.
- RecordTV claimed users, not RecordTV, made the copies.
- RecordTV's system evolved from single-copy to multiple-copy storage.
- RecordTV claimed to have consulted with authorities and obtained necessary licenses.
- RecordTV's website stated it had obtained all necessary regulatory licenses from the Government of Singapore.
- RecordTV's system used streaming, preventing users from permanently downloading content.
5. Formal Citations
- RecordTV Pte Ltd v MediaCorp TV Singapore Pte Ltd and Others, Suit 615/2007, [2009] SGHC 287
6. Timeline
| Date | Event |
|---|---|
| RecordTV launched | |
| Defendants issued cease and desist letter to the plaintiff | |
| Defendants issued cease and desist letter to the plaintiff | |
| RecordTV system operated in a hybrid mode | |
| Plaintiff commenced an action for groundless threats of copyright infringement and conspiracy against the defendants | |
| Defendants requested further discovery of certain documents from the plaintiff | |
| Court order granted permitting the defendants access to the Operational and Current Copies | |
| Additional Copies began to be made | |
| RecordTV system was reconfigured to make individual copies for each and every requesting end-user | |
| Plaintiff explained that it had not itself created any copies of the television programmes in the defendants’ channels and films | |
| Additional Copies began to be made | |
| Mr Carlos Nicholas Fernandes cross-examined | |
| Mr Fernandes conceded that if the plaintiff were not in the picture, the user would not be able to use the system | |
| Judgment reserved |
7. Legal Issues
- Copyright Infringement
- Outcome: The court found the plaintiff liable for authorising copyright infringement and communicating copyrighted material to the public.
- Category: Substantive
- Sub-Issues:
- Authorisation of infringement
- Communication to the public
- Fair dealing
- Groundless Threats of Copyright Infringement
- Outcome: The court ruled against the plaintiff's claim for groundless threats of copyright infringement.
- Category: Substantive
- Fair Dealing
- Outcome: The court found that the plaintiff did not qualify for the fair dealing defense.
- Category: Substantive
8. Remedies Sought
- Damages
- Injunction
9. Cause of Actions
- Copyright Infringement
- Groundless Threats of Copyright Infringement
10. Practice Areas
- Copyright Infringement
- Intellectual Property Litigation
11. Industries
- Media
- Technology
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Cartoon Network LP v CSC Holdings Inc | US Court of Appeals for the Second Circuit | Yes | Cartoon Network LP v CSC Holdings Inc 536 F 3d 121 (2nd Cir 2008) | United States | Cited to argue that the end-user of the Offending Website is the maker of the copies, not the plaintiff. |
| Sony Music Entertainment (UK) Ltd v EasyInternetCafe Ltd | High Court | Yes | Sony Music Entertainment (UK) Ltd v EasyInternetCafe Ltd [2003] FSR 48 | United Kingdom | Cited to argue that automation does not change liability where copying is initiated via voluntary human agency. |
| CBS Songs Ltd v Amstrad Consumer Electronics Plc | House of Lords | Yes | CBS Songs Ltd v Amstrad Consumer Electronics Plc [1988] 1 AC 1013 | United Kingdom | Cited for the formulation of 'authorisation' in copyright infringement. |
| Ong Seow Pheng v Lotus Development Corp | Court of Appeal | Yes | Ong Seow Pheng v Lotus Development Corp [1997] 3 SLR 137 | Singapore | Cited to define 'authorisation' of copyright infringement and the requirement of control over the infringing act. |
| Shetland Times Limited v Dr Jonathan Wills | Court of Session | Yes | Shetland Times Limited v Dr Jonathan Wills [1997] FSR 604 | Scotland | Cited to support the argument that a website can be considered a 'cable programme service'. |
| Sony Corporation of America v Universal City Studios, Inc | Supreme Court | Yes | Sony Corporation of America v Universal City Studios, Inc 464 US 417 (1984 Sup Ct) | United States | Cited to argue that time-shifting is fair use. |
| Princeton University Press v Michigan Document Services Inc | Sixth Circuit Court of Appeal | Yes | Princeton University Press v Michigan Document Services Inc 99 F 3d 1381 (6th Cir 1996) | United States | Cited to support the proposition that a service provider cannot rely on its customers' fair dealing to exculpate its own culpable behavior. |
| MCA, Inc v Wilson | United States Court of Appeals | Yes | MCA, Inc v Wilson 677 F 2d 180 | United States | Cited to argue that the court may consider whether the alleged infringing use was primarily for public benefit or for private commercial gain. |
| Triad Systems Corporation v Southeastern Express Co | United States District Court for the Northern District of California | Yes | Triad Systems Corporation v Southeastern Express Co 31 USPQ 2d 1239, 1243 (BNA) (ND Cal) | United States | Cited to support the argument that the copyright law is not so much concerned with the temporal ‘duration’ of a copy as it is with what that copy does, and what it is capable of doing, while it exists. |
| MAI Systems Corporation v Peak Computer, Inc | United States Court of Appeals for the Ninth Circuit | Yes | MAI Systems Corporation v Peak Computer, Inc 991 F 2d 511 (9th Cir 1993) | United States | Cited to support the argument that copies of electronic material loaded into the RAM (random access memory) of a computer constituted bona fide copies under the US Copyright Act. |
| Religious Technology Center v Netcom On-Line Communication Serivces Inc | United States District Court for the Northern District of California | Yes | Religious Technology Center v Netcom On-Line Communication Serivces Inc 907 F Supp 1361 (ND Cal, 1995) | United States | Cited generally regarding contributory infringement. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Copyright Act (Cap 63, 2006 Rev Ed) | Singapore |
| Copyright Act (Cap 63, 2006 Rev Ed) s 200(1) | Singapore |
| Copyright Act (Cap 63, 2006 Rev Ed) s 103(1) | Singapore |
| Copyright Act (Cap 63, 2006 Rev Ed) s 83 | Singapore |
| Copyright Act (Cap 63, 2006 Rev Ed) s 84 | Singapore |
| Copyright Act (Cap 63, 2006 Rev Ed) s 114 | Singapore |
| Copyright Act (Cap 63, 2006 Rev Ed) s 109 | Singapore |
| Copyright Act (Cap 63, 2006 Rev Ed) s 193A | Singapore |
| Copyright Act (Cap 63, 2006 Rev Ed) s 193B | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Copyright infringement
- Time-shifting
- Authorisation
- Communication to the public
- Fair dealing
- Network service provider
- Groundless threats
- iDVR
- SIS Mode
- Multiple Copy Mode
- MediaCorp Broadcasts
- MediaCorp Films
15.2 Keywords
- Copyright
- Infringement
- Time-shifting
- Internet
- MediaCorp
- RecordTV
16. Subjects
- Copyright
- Internet Services
- Broadcasting
17. Areas of Law
- Copyright Law
- Intellectual Property Law
- Internet Law