Yu Peng Hsueh-Shu v Public Prosecutor: Copyright Infringement & Interpretation of 'Article' under Copyright Act

Yu Peng Hsueh-Shu appealed to the High Court of Singapore against a custodial sentence for copyright infringement. The appellant had pleaded guilty to three charges under section 136(2)(b) of the Copyright Act for possessing infringing copies of visual recordings and song titles. The High Court, Choo Han Teck J, allowed the appeal, finding the initial sentence manifestly excessive. The court clarified the interpretation of the term 'article' in the context of copyright infringement, determining that the hard disk, rather than each individual infringing copy, should be considered the 'article'. The custodial sentence was replaced with fines totaling $96,000.

1. Case Overview

1.1 Court

High Court

1.2 Outcome

Appeal Allowed

1.3 Case Type

Criminal

1.4 Judgment Type

Grounds of Decision

1.5 Jurisdiction

Singapore

1.6 Description

Yu Peng Hsueh-Shu appeals against a custodial sentence for copyright infringement. The court clarifies the definition of 'article' under the Copyright Act.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
Yu Peng Hsueh-ShuAppellantIndividualAppeal AllowedWonLeo Cheng Suan
Public ProsecutorRespondentGovernment AgencyAppeal DismissedLostKan Shuk Weng, Darryl Soh

3. Judges

Judge NameTitleDelivered Judgment
Choo Han TeckJYes

4. Counsels

Counsel NameOrganization
Leo Cheng SuanInfinitus Law Corporation
Kan Shuk WengAttorney-General's Chambers
Darryl SohAttorney-General's Chambers

4. Facts

  1. The appellant pleaded guilty to three charges of copyright infringement.
  2. The charges involved possessing infringing copies of visual recordings and song titles.
  3. The infringing copies were stored on external hard disks.
  4. The recording companies confirmed that the copies were infringing.
  5. The trial judge imposed a custodial sentence of seven months.
  6. The appellant appealed against the sentence, arguing it was manifestly excessive.
  7. The appellant was a sole retailer and not part of a syndicate.

5. Formal Citations

  1. Yu Peng Hsueh-Shu v Public Prosecutor and another matter, , [2011] SGHC 198
  2. Yu Peng Hsueh-Shu v Public Prosecutor, Magistrate's Appeal No 41 of 2011 (DAC No 000301-307 of 2011), Magistrate's Appeal No 41 of 2011 (DAC No 000301-307 of 2011)
  3. Yu Peng Hsueh-Shu v Public Prosecutor, Criminal Motion No 46 of 2011, Criminal Motion No 46 of 2011

6. Timeline

DateEvent
Judgment reserved
Copyright infringement occurred between November 2009
Copyright infringement occurred until 6 July 2010
Decision Date

7. Legal Issues

  1. Copyright Infringement
    • Outcome: The court clarified the definition of 'article' under s 136(2) of the Copyright Act, determining that the hard disk, rather than each individual infringing copy, should be considered the 'article'.
    • Category: Substantive
    • Sub-Issues:
      • Distribution of infringing copies
      • Possession of infringing copies for distribution
    • Related Cases:
      • [2004] 1 SLR(R) 373
  2. Interpretation of 'Article' under Copyright Act
    • Outcome: The court held that the term 'article' in s 136(2) of the Copyright Act refers to the storage medium (hard disk) and not each individual infringing copy of the copyrighted material.
    • Category: Substantive
    • Related Cases:
      • [2004] 1 SLR(R) 373
  3. Manifest Excessiveness of Sentence
    • Outcome: The court found the initial custodial sentence to be manifestly excessive, considering the number of articles involved, the lack of aggravating factors, and the appellant's circumstances.
    • Category: Procedural
    • Related Cases:
      • [2007] SGDC 55
      • [2007] SGDC 40

8. Remedies Sought

  1. Appeal against custodial sentence
  2. Reduction of sentence

9. Cause of Actions

  • Copyright Infringement

10. Practice Areas

  • Criminal Appeals
  • Copyright Infringement

11. Industries

  • Music
  • Entertainment

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
Public Prosecutor v Poh Kim Video Pte LtdHigh CourtYes[2004] 1 SLR(R) 373SingaporeRelied upon to interpret the term 'article' in s 136(2)(b) of the Copyright Act, specifically whether each video compact disc in a boxed set should be considered an 'article'.
Public Prosecutor v Yeo Wei KianDistrict CourtNo[2007] SGDC 55SingaporeCited to justify a custodial sentence, but distinguished due to the presence of wilfulness and a greater number of infringing articles.
Public Prosecutor v Mohd Hapiz b TahirDistrict CourtNo[2007] SGDC 40SingaporeCited to justify a custodial sentence, but distinguished due to planned efforts to evade detection and a greater number of infringing articles.

13. Applicable Rules

Rule Name
No applicable rules

14. Applicable Statutes

Statute NameJurisdiction
Copyright Act (Cap 63, 2006 Rev Ed)Singapore
Copyright ActSingapore

15. Key Terms and Keywords

15.1 Key Terms

  • Copyright infringement
  • Infringing copies
  • Article
  • Hard disk
  • Custodial sentence
  • Manifestly excessive
  • Sound recordings
  • Visual recordings
  • Copyright Act

15.2 Keywords

  • Copyright
  • Infringement
  • Article
  • Hard disk
  • Sentence
  • Appeal

16. Subjects

  • Copyright Law
  • Criminal Law
  • Intellectual Property Law

17. Areas of Law

  • Copyright Law
  • Criminal Law
  • Sentencing