Lee Wei Ling v Attorney-General: Copyright, Contractual Terms & Ownership of Lee Kuan Yew's Interview Transcripts

1. Case Overview

2. Parties and Outcomes

3. Judges

4. Counsels

4. Facts

1. Mr. Lee Kuan Yew gave interviews to the Oral History Unit between 1981 and 1982.
2. An Interview Agreement was signed in 1983, governing the rights to the transcripts.
3. The Interview Agreement stipulated copyright would vest in the government after a certain period.
4. The Attorney-General drafted the Interview Agreement.
5. Mr. Lee passed away on 23 March 2015.
6. The executors of Mr. Lee's estate sought declarations regarding their rights to the transcripts.
7. The Attorney-General opposed the declarations, citing the Official Secrets Act.

5. Formal Citations

1. Lee Wei Ling and another v Attorney-General, Civil Appeal No 149 of 2016, [2017] SGCA 48
2. Lee Wei Ling and another v Attorney-General, Originating Summons No 816 of 2015, [2016] 5 SLR 902

6. Timeline

7. Legal Issues

1. Interpretation of Contractual Terms
   • Outcome: The court interpreted the Interview Agreement based on its text and context, giving effect to the parties' intentions.
   • Category: Substantive
   • Sub-Issues:
     • Ambiguity in contractual language
     • Intention of contracting parties
   • Related Cases:
     • [2008] 3 SLR(R) 1029
     • [2017] 1 SLR 219
2. Copyright Ownership
   • Outcome: The court held that copyright vested in Mr. Lee's estate but was limited by the government's ownership of the physical transcripts.
   • Category: Substantive
   • Sub-Issues:
     • Vesting of copyright
     • Transfer of copyright to estate
     • Scope of copyright rights
   • Related Cases:
     • [2017] 2 SLR 185
     • [1935] Ch 267
3. Succession of Rights
   • Outcome: The court determined that certain rights under the Interview Agreement were personal to Mr. Lee and did not pass to his estate.
   • Category: Substantive
   • Sub-Issues:
     • Inheritance of contractual rights
     • Personal vs. transferable rights
4. Official Secrets Act Applicability
   • Outcome: The court found that the Official Secrets Act likely applied to the transcripts, limiting the estate's ability to access and use them.
   • Category: Substantive
   • Sub-Issues:
     • Confidentiality of government information
     • Restrictions on access to information

8. Remedies Sought

1. Declarations that all rights accorded to Mr. Lee under the Interview Agreement are vested in Mr. Lee’s estate
2. Declaration that Mr. Lee’s estate is entitled to use and have copies of the Transcripts
3. Declaration that there shall be no access to, supply of copies of, or use of the Transcripts by anyone until 23 March 2020 without the express written permission of Mr. Lee’s estate
4. Declaration that the Cabinet Secretary, as custodian of the Transcripts, is under a duty to inform Mr. Lee’s estate of any request made after the death of Mr. Lee for access to, supply of copies of, or use of the Transcripts, and of the grant of any such request without the express written permission of Mr. Lee’s estate

9. Cause of Actions

• Declaratory judgment regarding rights under contract

10. Practice Areas

• Commercial Litigation
• Intellectual Property Law

11. Industries

• No industries specified

12. Cited Cases

13. Applicable Rules

14. Applicable Statutes

15. Key Terms and Keywords

17. Areas of Law

16. Subjects

• Contract Law
• Copyright Law
• Succession Law
• Government Information
• Oral History