Determining an Employer’s Liability for Employee’s Copyright Infringement – Court Finds Employer Vicariously Liable for Use of Unauthorised Software

In the Singapore High Court case of Siemens Industry Software Inc v Inzign Pte Ltd [2023] SGHC 50, the Court found the defendant employer to be liable for its employee’s actions in installing an unauthorised version of a commercial software onto a laptop which he found at his workplace. In reaching its decision, the Court considered a number of key issues, including the novel question of whether the doctrine of vicarious liability in tort extends to cases involving copyright infringement.

The Court’s decision also provides guidance on issues of employment law, including the adequacy of administrative controls over office IT equipment, the supervision and management of employees, and internal policies relating to technology, training and anti-software piracy. This Update provides a summary of the Court’s decision and highlights the key takeaways for employers.