The 'whom's' in online dissemination of copyrightworks: to whomand by whom is the communication made?

The right of 'communication to the public'was introduced into the Singapore Copyright Act in 2004, as part of its implementation of art. 8 of the WIPO Copyright Treaty (the "WCT") 1996. The purpose of this right is clear enough: it is to allowright-holders to control, inter alia, the dissemination of their copyright works via the internet. There is a recent case in Singapore which involved an unauthorised transmission of copyright works via the internet. Yet the right-holder in this case lost in its claim for infringement of its right of 'communication to the public'. This defeat brings into focus the two essential elements of this right: namely, the two 'whom's'. To whom is the communication made - is it to 'the public'? By whom is the communication made - is it the defendant in the infringement action? This article suggests that the Singapore approach in answering these two questions is overly strict, and may be inconsistent with what the promulgators intended for the right of 'communication to the public'. This assessment is made in the light of the travaux pr paratoires of the WCT, as well as developments in Australia and the EU.