Copyright Act 2021

Sections (541)

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• § 1 — Short title and commencement

  1.—(1) This Act is the Copyright Act 2021.(2) Division 2 of Part 9 and sections 501(2) and (3) and 507(4)(c) and (10) come into operation on a date that the Minister appoints by notification in the Gazette. —(1) This Act is the Copyright Act 2021. (2) Division 2 of Part 9 and sections 501(2) and (3

• § 10 — What is a work of joint authorship

  10. An authorial work is a “work of joint authorship” if —(a) it is produced by the collaboration of 2 or more authors; and (b) the contributions of the authors are not separate.

• § 100 — What are acts comprised in a copyright

  100. An act comprised in a copyright is any act that, under this Act, the owner of the copyright has the exclusive right to do.

• § 101 — What does it mean to do an act with or without the licence of copyright owner

  101. An act is done with or without the licence of a copyright owner if it is done or not done under a licence that is binding on the copyright owner.

• § 102 — If there are 2 or more copyright owners for a work, which owner is relevant

  102.—(1) This section applies where (whether because of an assignment limited in accordance with section 139 or otherwise) there are 2 or more different persons who are owners (or prospective owners) of a copyright in respect of its application to —(a) the doing of different acts or classes of acts;

• § 103 — What is an exclusive licence

  103.—(1) An “exclusive licence”, in relation to a copyright, is a licence —(a) granted by the owner or prospective owner of the copyright; and (b) authorising the licensee, to the exclusion of any other person, to do an act that, by virtue of this Act, the owner of the copyright would, but for the

• § 104 — If there are 2 or more rights owners for a protected performance, whose authority is relevant

  104. If a performance has 2 or more rights owners —(a) a reference in this Act to the doing of an act in relation to the performance (or a recording of the performance) with the rights owner’s authority is a reference to the doing of the act with the authority of every rights owner; and (b) a refer

• § 105 — When is a visual image or sound embodied in an article or a thing

  105. A visual image or sound is embodied in an article or a thing if the article or thing has been treated so that the visual image or sound can be reproduced from the article or thing, either with or without the aid of a separate device.

• § 106 — Copyright subsists only by virtue of this Act

  106. Subject to section 5(1), copyright subsists only by virtue of this Act.

• § 107 — Copyrights to subsist independently

  107.—(1) The subsistence or otherwise of copyright under any provision of this Part does not affect the subsistence or otherwise of copyright under any other provision of this Part.(2) Without limiting subsection (1), the subsistence or otherwise of copyright in an authorial work does not affect the

• § 108 — Nature of copyright

  108.—(1) Where a copyright owner has the exclusive right to do an act —(a) the right is a right to exclude others from doing that act (or authorising the doing of that act) without the authorisation of the copyright owner; and (b) it is declared that the right is not a positive right of the copyrig

• § 109 — Conditions for copyright to subsist in unpublished authorial works

  109.—(1) Subject to the provisions of this Act, copyright subsists in an unpublished authorial work if —(a) the work is original; and (b) one of the following applies:(i) the author is a qualified individual when the work is made; (ii) if the work is made over a period — the author is a qualified

• § 11 — Reference to author includes all joint authors

  11. Unless expressly provided otherwise, a reference in this Act to the author of an authorial work is, in relation to a work of joint authorship, a reference to all the authors of the work.

• § 110 — Conditions for copyright to subsist in published authorial works

  110.—(1) Subject to the provisions of this Act, where an authorial work is published and copyright subsists in the work immediately before its first publication by virtue of section 109 —(a) copyright continues to subsist in the work if and only if —(i) the author of the work —(A) is a qualified ind

• § 111 — Conditions for copyright to subsist in buildings

  111.—(1) Subject to the provisions of this Act, copyright subsists in an original artistic work —(a) that is a building in Singapore; or (b) that is attached to, or part of, a building in Singapore. (2) This section does not apply to or in relation to a building if the construction of the building

• § 112 — Nature of copyright in literary, dramatic and musical works

  112.—(1) For the purposes of this Act, unless the contrary intention appears, copyright in a literary, dramatic or musical work is the exclusive right to do all or any of the following acts:(a) to make a copy of the work; (b) to publish the work if the work is unpublished; (c) to perform the work

• § 113 — Nature of copyright in artistic works

  113. For the purposes of this Act, unless the contrary intention appears, copyright in an artistic work is the exclusive right to do all or any of the following acts:(a) to make a copy of the work; (b) to publish the work if it is unpublished; (c) to communicate the work to the public.

• § 114 — Duration of copyright in authorial works

  114.—(1) Where an authorial work is first published within 50 years after the end of the year in which the work is made, any copyright in the work expires —(a) if the author is identified within 70 years after the end of the year in which the work is first published — 70 years after the end of the y

• § 115 — Duration of copyright in authorial works — transitional provision for certain works published before 31 December 2022

  115.—(1) Despite section 114, any copyright in an authorial work expires 70 years after the end of the year in which the work is first made available to the public if —(a) the work is a literary, dramatic or musical work or an engraving; (b) the author is identified on or before 31 December 2022;

• § 116 — Interpretation of sections 114 and 115 — making available to public; application to works of joint authorship

  116.—(1) This section applies for the purposes of sections 114 and 115.(2) Subject to subsection (3), an authorial work is made available to the public in the following circumstances (but without limiting the expression “made available to the public”):(a) the work (or, in the case of a literary, dra

• § 117 — Conditions for copyright to subsist in published editions of authorial works

  117.—(1) Subject to the provisions of this Act, copyright subsists in a published edition of an authorial work if —(a) the person who first published the edition is a qualified person at the date when the edition is first published; or (b) the edition is first published —(i) in Singapore; (ii) by

• § 118 — Nature of copyright in published editions of authorial works

  118. For the purposes of this Act, unless the contrary intention appears, copyright in a published edition of an authorial work is the exclusive right to make a copy of that edition.

• § 119 — Duration of copyright in published editions of authorial works

  119. Any copyright in a published edition of an authorial work expires 25 years after the end of the year in which the edition is first published.

• § 12 — What is an authorial work with an identified author

  12.—(1) An authorial work has an identified author if —(a) the identity of the author is generally known or can reasonably be ascertained; or (b) in the case of a work of joint authorship — the identity of at least one of the authors is generally known or can reasonably be ascertained. (2) For the

• § 120 — Conditions for copyright to subsist in sound recordings

  120. Subject to the provisions of this Act, copyright subsists in a sound recording if —(a) the maker of the recording is a qualified person when the recording is made; or (b) the recording is made or first published —(i) in Singapore; (ii) by or under the direction or control of the Government; o

• § 121 — Nature of copyright in sound recordings

  121. For the purposes of this Act, unless the contrary intention appears, copyright in a sound recording is —(a) the exclusive right to do all or any of the following acts:(i) to make a copy of the recording; (ii) to enter into a commercial rental arrangement in respect of the recording; (iii) to

• § 122 — Duration of copyright in sound recordings

  122.—(1) Subject to subsections (2) and (3), any copyright in a sound recording expires —(a) if the recording is first published within 50 years after the end of the year in which the recording is made — 70 years after the end of the year in which the recording is first published; and (b) in any ot

• § 123 — Conditions for copyright to subsist in films

  123.—(1) Subject to the provisions of this Act, copyright subsists in a film if —(a) the maker of the film is a qualified person for the whole or a substantial part of the period during which the film is made; or (b) the film is made or first published —(i) in Singapore; (ii) by or under the direc

• § 124 — Nature of copyright in films

  124. For the purposes of this Act, unless the contrary intention appears, copyright in a film is the exclusive right to do all or any of the following acts:(a) to make a copy of the film; (b) to cause the visual images of the film to be seen in public; (c) to cause any sounds of the film to be hea

• § 125 — Duration of copyright in films

  125.—(1) Subject to subsection (2), any copyright in a film expires —(a) if the film is first published within 50 years after the end of the year in which the film is made — 70 years after the end of the year in which the film is first published; (b) if the film is first published more than 50 year

• § 126 — Conditions for copyright to subsist in broadcasts

  126.—(1) Subject to the provisions of this Act, copyright subsists in a broadcast if the broadcast is made from a place in Singapore by the holder of a broadcasting licence.(2) This section does not apply to —(a) a broadcast made before 10 April 1987; and (b) a broadcast made after that date that i

• § 127 — Nature of copyright in broadcasts

  127. For the purposes of this Act, unless the contrary intention appears, copyright in a broadcast is the exclusive right to do all or any of the following acts:(a) to make a copy of the broadcast; (b) to communicate the broadcast to the public (whether by rebroadcasting it or otherwise); (c) in t

• § 128 — Duration of copyright in broadcasts

  128. Subject to section 129, any copyright in a broadcast expires 50 years after the end of the year in which the broadcast is made.

• § 129 — Duration of copyright in repeat broadcasts

  129.—(1) This section applies to a broadcast (called in this section a repeat broadcast) that —(a) repeats (whether for the first time or otherwise) an earlier broadcast (called in this section the original broadcast) that is made from a place in Singapore by the holder of a broadcasting licence; an

• § 13 — Literary work includes computer program and compilation

  13.—(1) A “literary work” includes —(a) a compilation in any form; and (b) a computer program. (2) A “compilation” is a compilation or table —(a) consisting —(i) wholly or partly of the following material:(A) an authorial work, including a computer program; (B) a published edition of an authorial

• § 130 — Conditions for copyright to subsist in cable programmes

  130.—(1) Subject to the provisions of this Act, copyright subsists in a cable programme if the programme is included in a cable programme service that is provided by a qualified person in Singapore.(2) Subsection (1) does not apply to a cable programme that is included in a cable programme service —

• § 131 — Nature of copyright in cable programmes

  131.—(1) For the purposes of this Act, unless the contrary intention appears, copyright in a cable programme is the exclusive right to do all or any of the following acts:(a) to make a copy of the programme; (b) to communicate the programme to the public; (c) to cause the programme —(i) insofar as

• § 132 — Duration of copyright in cable programmes

  132. Any copyright in a cable programme expires 50 years after the end of the year in which the cable programme is first included in the cable programme service.

• § 133 — First owner — maker of work, etc., is default first owner

  133.—(1) Subject to the provisions of this Act, the first owner of copyright in a work is —(a) in the case of an authorial work — subject to subsection (2), the author; (b) in the case of a published edition of an authorial work — the publisher; (c) in the case of a sound recording — the maker of

• § 134 — First owner — copyright created in the course of employment

  134.—(1) This section applies where, in the course of a contract of service, the employee —(a) makes an authorial work; or (b) does any of the following on or after 21 November 2021:(i) makes a sound recording, film or broadcast; (ii) provides a cable programme service in which a cable programme i

• § 135 — First owner — sound recordings, films and certain authorial works commissioned before 21 November 2021

  135.—(1) This section applies where —(a) one party (X) entered into an agreement with another party (Y) before 21 November 2021; (b) pursuant to the agreement, X does any of the following (whether before, on or after 21 November 2021):(i) takes a photograph; (ii) paints or draws a portrait; (iii)

• § 136 — First owner — Government and prescribed international organisations

  136.—(1) Despite subsections (3) and (4) and sections 133, 134 and 135, the Government is the first owner of —(a) any copyright in an unpublished authorial work made by or under the direction or control of the Government (including any copyright in the work after it is published); (b) any copyright

• § 137 — Transfer of copyright

  137. Copyright may be transferred as personal or moveable property by —(a) assignment; (b) testamentary disposition; or (c) operation of law.

• § 138 — Assignment — formalities

  138. An assignment of copyright is valid only if it is —(a) made in writing; and (b) signed by or on behalf of the assignor.

• § 139 — Assignment — partial assignment

  139. An assignment of copyright may be limited, but only in one or more of the following ways:(a) to some but not all the types of acts comprised in the copyright; (b) to a part but not the whole of each type of act comprised in the copyright; (c) to a part of the whole duration of the copyright;

• § 14 — Subject matter of copyright in compilations

  14. To avoid doubt, any copyright in a compilation —(a) is limited to the selection or arrangement of its contents that constitutes an intellectual creation; and (b) is in addition to, and independent of, any copyright in its contents and any other right under Part 4 (protection of performances) in

• § 140 — Assignment — assignment of future copyright

  140.—(1) A future copyright may be assigned by the person who would be the copyright owner when the copyright comes into existence.(2) Where a future copyright is assigned, the copyright will, when it comes into existence —(a) vest in the assignee or the assignee’s successor in title, as the case ma

• § 141 — Licences — licence of future copyright

  141.—(1) A licence may be granted in respect of a future copyright by the person who would be the copyright owner when the copyright comes into existence.(2) Section 143 applies to a licence of a future copyright as it applies to the licence of a subsisting copyright. —(1) A licence may be granted

• § 142 — Licences — formalities for exclusive licence

  142. An exclusive licence of a copyright is valid only if it is —(a) made in writing; and (b) signed by or on behalf of the owner or prospective owner of the copyright.

• § 143 — Licences — licence binds successors in title to copyright except bona fide purchaser

  143. Where the owner of a copyright grants a licence of the copyright —(a) in the case of a licence granted on or after 1 July 2004 to the Government or a public body — the licence binds every successor in title to the copyright; and (b) in any other case — the licence binds every successor in titl

• § 144 — Death — devolution of copyright coming into existence after would‑be owner dies

  144.—(1) This section applies where a copyright comes into existence after the death of the person who would have been the copyright owner had he or she been alive.(2) The ownership of the copyright is to devolve as if —(a) the copyright existed immediately before the person’s death; and (b) the pe

• § 145 — Death — bequest of manuscript, etc., includes any copyright therein

  145.—(1) This section applies to a bequest (whether specific or general) if —(a) the testator dies on or after 10 April 1987; (b) the bequest entitles a person, beneficially or otherwise, to —(i) the manuscript of a literary, dramatic or musical work; or (ii) an artistic work; and (c) the work is

• § 146 — Infringement by doing act comprised in copyright

  146.—(1) Subject to the provisions of this Act, copyright is infringed if —(a) a person does in Singapore, or authorises the doing in Singapore of, any act comprised in the copyright; and (b) the person neither owns the copyright nor has the licence of the copyright owner. (2) For the purposes of

• § 147 — Infringement by importation for commercial dealing, etc.

  147.—(1) Subject to the provisions of this Act, copyright in a work is infringed if —(a) a person imports an article for the purpose of —(i) commercial dealing; or (ii) distributing the article to an extent that will prejudicially affect the copyright owner; (b) the article is imported without the

• § 148 — Infringement by commercial dealing, etc.

  148.—(1) Subject to the provisions of this Act, copyright in a work is infringed if —(a) a person does any of the following acts in Singapore:(i) deals commercially in an article; or (ii) distributes an article to an extent that will prejudicially affect the copyright owner; (b) the act is done wi

• § 149 — Accessory to imported article to be ignored for purposes of sections 147 and 148 in certain circumstances

  149.—(1) This section applies where —(a) an imported article includes an accessory; (b) the accessory is or embodies any of the following material:(i) an authorial work; (ii) a published edition of an authorial work; (iii) a sound recording; (iv) a film; (c) copyright subsists in the material;

• § 15 — What does a dramatic work include

  15.—(1) Subject to subsection (2), a “dramatic work” includes —(a) a work of dance or mime; and (b) a scenario or script for a film, but not a film. (2) A work of dance or mime made before 21 November 2021 is not a dramatic work unless it is described in writing in the form in which the show is to

• § 150 — Infringement by making device or providing service, etc., to access works communicated without authority

  150.—(1) Subject to the provisions of this Act, copyright in a work is infringed by a person (X) if —(a) the work is communicated to the public without the copyright owner’s authority; (b) X does any of the following acts (whether before or after the work is so communicated):(i) makes a device to o

• § 151 — Infringement by failure to pay equitable remuneration for causing sounds embodied in commercially published sound recordings to be heard in public

  151.—(1) Subject to the provisions of this Act, copyright in a sound recording is infringed if a person fails to pay equitable remuneration to the copyright owner in circumstances to which section 121(b) applies.(2) This section does not limit section 146. —(1) Subject to the provisions of this Act

• § 152 — Exceptions to infringement

  152.—(1) Part 5 (permitted uses) applies.(2) The following written laws also provide for exceptions to copyright infringement:(a) section 25(5) of the Newspaper and Printing Presses Act 1974 (copies of declared foreign newspapers); (b) section 57(2) of the Patents Act 1994 (reproduction or publicat

• § 153 — Action for copyright infringement

  153.—(1) Subject to the provisions of this Act, an action against a person for an infringement of copyright may be brought in the Court by —(a) the copyright owner; or (b) if an exclusive licence of the copyright is in force at the time of the infringement — the exclusive licensee. (2) The exclusi

• § 154 — Limitation of action

  154. An action may not be brought for an infringement of copyright more than 6 years after the infringement takes place.

• § 155 — Remedies and border enforcement measures

  155. Part 6 applies, subject to Subdivision (3) of this Division.

• § 156 — Interpretation of this Subdivision

  156. In this Subdivision —“infringement” means an infringement of copyright for which the copyright owner and the exclusive licensee of the copyright have concurrent rights of action; “infringement action” has a corresponding meaning; “party” means the copyright owner or the exclusive licensee, as

• § 157 — Application of this Subdivision

  157.—(1) This Subdivision applies where an action for an infringement of copyright may be brought by the copyright owner and the exclusive licensee of the copyright.(2) This Subdivision does not apply in relation to a licence granted before 10 April 1987. —(1) This Subdivision applies where an acti

• § 158 — Joinder and costs

  158.—(1) This section applies if the copyright owner or the exclusive licensee (but not both) brings an infringement action.(2) Unless the Court orders otherwise, the party that brought the action may proceed with the action without joining the other party as a claimant or adding the other party as

• § 159 — Same defences and same remedies available

  159.—(1) This section applies if the exclusive licensee brings an infringement action.(2) A defendant in the action is entitled to the same defences under this Act that would be available to the defendant if the action had been brought by the copyright owner. (3) Subject to this Subdivision, the ex

• § 16 — When is a literary, dramatic or musical work made

  16.—(1) A literary, dramatic or musical work is made at the time when, or over the period during which, the work is first fixed in a material form, including —(a) in writing; or (b) by storage —(i) in a computer; (ii) on any medium by electronic means; or (iii) on any other medium from which the

• § 160 — Assessment of damages

  160.—(1) This section applies if —(a) the copyright owner or the exclusive licensee brings an infringement action for an infringement; and (b) the other party is not a claimant in that action. (2) If the Court orders the payment of damages or statutory damages for the infringement, the following m

• § 161 — Apportionment of profits

  161.—(1) This section applies if the copyright owner or the exclusive licensee brings an infringement action for an infringement (whether or not the other party is also a claimant in that action).(2) If the Court orders an account of profits to be taken in respect of the infringement, the Court must

• § 162 — Separate actions for same infringement

  162.—(1) This section applies if the copyright owner and the exclusive licensee bring separate actions for the same infringement.(2) If there is a final order in one action —(a) for damages or statutory damages to be paid in respect of the infringement; or (b) to take an account of profits in respe

• § 163 — Application

  163.—(1) This Division applies in an action for copyright infringement.(2) The presumptions in this Division do not apply if the contrary is proved. —(1) This Division applies in an action for copyright infringement. (2) The presumptions in this Division do not apply if the contrary is proved.

• § 164 — Presumption that copyright subsists if not disputed, etc.

  164.—(1) Copyright is presumed to subsist in a work if —(a) the defendant does not put in issue the question whether copyright subsists in the work; (b) the defendant puts that question in issue, but does not satisfy the Court that this is done in good faith; or (c) the defendant puts that questio

• § 165 — Presumption that claimant owns copyright if not disputed, etc.

  165.—(1) This section applies if copyright is proved (or presumed by section 164) to subsist in a work.(2) The claimant is presumed to own the copyright if —(a) the defendant does not put in issue the question whether the claimant owns the copyright; (b) the defendant puts that question in issue, b

• § 166 — Presumption of authorship where name appears

  166.—(1) This section applies if —(a) either —(i) a name purporting to be that of the author (or a joint author) of an authorial work appears on a published copy of the work; or (ii) a name purporting to be that of the author (or a joint author) of the work appears on an artistic work when it is ma

• § 167 — Presumptions where authorial work is first published in Singapore

  167.—(1) This section applies if —(a) an infringement action is brought in relation to an authorial work; (b) the presumptions in section 166 are not applicable; (c) it is proved that —(i) the work is first published in Singapore; (ii) the first publication took place within the 70 years immediat

• § 168 — Presumptions where author is dead

  168.—(1) This section applies if it is proved that the author of an authorial work is dead.(2) The work is presumed to be original. (3) If the claimant alleges that a specified publication is the first publication of the work and that the first publication took place in a specified country and on a

• § 169 — Presumptions as to anonymous or pseudonymous authorial work

  169.—(1) This section applies if —(a) an authorial work is published; (b) the publication is anonymous or is alleged by the claimant to be pseudonymous; and (c) it is not proved that the work has an identified author. (2) The work is presumed to be original. (3) If the claimant alleges that a sp

• § 17 — What is an adaptation of a literary or dramatic work

  17. An “adaptation” of a literary work is —(a) in relation to a literary work in a non‑dramatic form — a version of the work (whether in its original language or in a different language) in a dramatic form; (b) in relation to a literary work in a dramatic form — a version of the work (whether in it

• § 170 — Presumptions relating to label or mark on copies of sound recording

  170.—(1) This section applies if —(a) copies of a sound recording are supplied to the public; and (b) those copies bear a label or other mark stating that —(i) a specified person owns the copyright in the recording; (ii) the recording is first published in a specified year; or (iii) the recording

• § 171 — Presumptions as to maker of film

  171.—(1) This section applies if —(a) copies of a film are made available to the public; (b) the name of a person appears on those copies in a way that implies that the person made the film; and (c) in the case of an individual — the name is —(i) the person’s true name; or (ii) the name by which

• § 172 — Interpretation of this Part

  172. In this Part —“direct”, in relation to recording a performance, means recording the live performance; “indirect”, in relation to recording a performance, means recording from a communication of the performance.

• § 173 — Protection of performances

  173. A performance is protected if it is —(a) a qualifying performance; and (b) given live —(i) in Singapore; or (ii) by a qualified individual.

• § 174 — Duration of protection

  174. A performance is protected for the period —(a) starting on the day the performance is given; and (b) ending 70 years after the end of the year in which the performance is given.

• § 175 — Infringing use — general

  175. Subject to Part 5 (permitted uses), a person makes an infringing use of a protected performance if —(a) the person does any of the following acts:(i) while the performance is live —(A) directly or indirectly records the performance in any manner or medium; (B) communicates the performance to t

• § 176 — Infringing use — commercial dealing in unauthorised recordings, etc.

  176. Subject to Part 5 (permitted uses), a person makes an infringing use of a protected performance if —(a) the person does any of the following acts:(i) deals commercially in a recording of the performance; (ii) imports a recording of the performance for the purpose of commercially dealing; (b)

• § 177 — Action for infringing use of protected performance

  177. A performer of a protected performance may bring an action in the Court against any person who makes an infringing use of the performance.

• § 178 — Limitation of action

  178. An action under section 177 for an infringing use of a performance may not be brought more than 6 years after the infringing use takes place.

• § 179 — Remedies and border enforcement measures

  179. Part 6 applies.

• § 18 — What is an adaptation of a musical work

  18. An “adaptation” of a musical work is an arrangement or a transcription of the work.

• § 180 — Assignment of right to bring action

  180.—(1) The right to bring an action under section 177 may be assigned.(2) For the purposes of subsection (1), an assignment is valid only if it is —(a) made in writing; and (b) signed by or on behalf of the assignor. (3) Subsection (2)(b) does not apply to an assignment made before 21 November 2

• § 181 — Presumptions relating to identity of performers

  181.—(1) This section applies to an action under section 177.(2) Unless the contrary is proved, a person is presumed to be the performer of a performance if —(a) the person’s true name, or a name by which the person is commonly known, appears on a recording of the performance in a way that implies t

• § 182 — Other rights not affected

  182. This Part does not affect —(a) any copyright in a work that is performed; (b) any copyright in a sound recording, film or broadcast of a performance; and (c) any other right or obligation arising otherwise than under this Part.

• § 183 — Permitted uses are not rights infringements

  183.—(1) Where an act in relation to a work is a permitted use, the act is not an infringement of any copyright in the work.(2) Where an act in relation to a protected performance is a permitted use, the act is not an infringing use of the performance. —(1) Where an act in relation to a work is a p

• § 184 — Permitted uses are independent

  184. Unless this Act expressly provides otherwise, a permitted use is independent of, and does not affect the application of, any other permitted use.

• § 185 — Permitted uses may go beyond scope of copyright or protection of performances

  185. An act that is a permitted use —(a) is not necessarily comprised in a copyright; and (b) would not necessarily constitute an infringing use of a protected performance if the act were not a permitted use.Explanation. — To provide certainty, some provisions on permitted uses are drafted in a way

• § 186 — Permitted uses may be excluded or restricted by reasonable contract term

  186.—(1) Subject to this section and section 187, a rights owner may, by contract with a person, exclude or restrict the application of a permitted use to that person.(2) A contract term between the rights owner and another person (called in this section the counterparty) is valid for the purposes o

• § 187 — Permitted uses that may not be excluded or restricted

  187.—(1) Any contract term is void to the extent that it purports, directly or indirectly, to exclude or restrict any permitted use under any provision in —(a) Division 6 (public collections), but not section 234 (supplying copies of published literary, dramatic or musical works or articles between

• § 188 — Evasion through choice of law clause to be void

  188.—(1) A contract term that purports to apply the law of a country other than Singapore is void if —(a) the application of that law has the effect of excluding or restricting the operation of any permitted use; and (b) either —(i) the term is imposed wholly or mainly for the purpose of evading th

• § 189 — What is sufficient acknowledgment of an authorial work

  189.—(1) For the purposes of this Part, an acknowledgment of an authorial work is sufficient if the acknowledgment identifies —(a) the work by its title or other description; and (b) subject to subsection (2) — the author. (2) It is not necessary to identify the author if —(a) the work has no iden

• § 19 — Adaptation of literary, dramatic or musical work includes adaptation of substantial part thereof

  19. An adaptation of a substantial part of a literary, dramatic or musical work is to be treated as an adaptation of the work.

• § 190 — Fair use is permitted use

  190.—(1) It is a permitted use of a work to make a fair use of the work.(2) It is a permitted use of a protected performance to make a fair use of —(a) the performance; or (b) a recording of the performance. —(1) It is a permitted use of a work to make a fair use of the work. (2) It is a permitted

• § 191 — Relevant matters in deciding whether use is fair

  191. Subject to sections 192, 193 and 194, all relevant matters must be considered in deciding whether a work or a protected performance (including a recording of the performance) is fairly used, including —(a) the purpose and character of the use, including whether the use is of a commercial nature

• § 192 — Additional requirement for sufficient acknowledgment where use is for certain purposes

  192.—(1) Where a work or a protected performance (including a recording of the performance) is used for the purpose of reporting news, the use is not fair unless —(a) the work or performance is sufficiently acknowledged; or (b) sufficient acknowledgment is impossible for reasons of practicality or

• § 193 — Deemed fair use where work or recording included in fairly‑used work

  193.—(1) This section applies where —(a) any of the following is used for the purpose of criticism or review:(i) a sound recording; (ii) a film; (iii) a broadcast; (iv) a cable programme; (v) a protected performance (including a recording of the performance); and (b) the use is fair.[Act 31 of

• § 194 — Deemed fair use where reasonable portion copied for research or study

  194.—(1) Making a copy of a literary, dramatic or musical work for the purpose of research or study is deemed to be a fair use (and section 191 does not apply) if —(a) the work is an article in a periodical publication; or (b) no more than a reasonable portion of the work is copied. (2) Subsection

• § 195 — Interpretation: when is a copy or recording made or used for the educational purposes of an educational institution

  195.—(1) For the purposes of this Division, a copy of a work or a recording of a protected performance is taken to be made or used for the educational purposes of an educational institution if —(a) the copy or recording is made for use, or is used, in connection with a course of education provided b

• § 196 — Copying authorial work by non‑reprographic means for course of education

  196.—(1) If the conditions in subsection (2) are met, it is a permitted use to make a copy of an authorial work.(2) The conditions are —(a) the copy is made for the purposes of a course of education; (b) the copy is made by a person conducting or undergoing the course; and (c) the copy is not made

• § 197 — Copying or communicating very small portions of literary or dramatic work for course of education provided by educational institutions

  197.—(1) If the conditions in subsection (2) are met, it is a permitted use of a literary or dramatic work for a person (X) to —(a) make a copy of a part (but not the whole) of the work in an edition of the work; or (b) communicate a part (but not the whole) of the work in an edition of the work.

• § 198 — Copying or communicating material for educational purposes of educational institutions

  198.—(1) If the conditions in subsection (2) are met and subject to section 199, it is a permitted use to —(a) make a copy of any of the following material:(i) an authorial work; (ii) a recording of a protected performance; or (b) communicate the material. (2) The conditions are —(a) the copy or

• § 199 — Suspension of section 198 for contravention of record keeping requirements

  199.—(1) Subject to this section, a Copyright Tribunal may make an order suspending the application of the whole of section 198 in relation to a body administering an educational institution.(2) A suspension order may only be made on an application by the Attorney‑General. (3) A suspension order ag

• § 2 — Application to things existing before 21 November 2021

  2. Unless it expressly provides otherwise, this Act applies to a thing existing on 21 November 2021 as it applies to a thing coming into existence after that date.

• § 20 — What is an artistic work

  20.—(1) An “artistic work” —(a) is any of the following:(i) a painting, a sculpture, a drawing, an engraving or a photograph (whether the work is of artistic quality or not); (ii) a building or a model of a building (whether the building or model is of artistic quality or not); (iii) a work of art

• § 200 — Copying broadcasts or cable programmes for educational purposes

  200.—(1) If the conditions in subsection (2) are met, it is a permitted use to make a copy of a broadcast or cable programme.(2) The conditions are —(a) the copy is made by or on behalf of the body administering an educational institution; and (b) the copy is not used except for the purposes of a c

• § 201 — Copying for purposes of teaching or learning film making

  201.—(1) If the conditions in subsection (2) are met, it is a permitted use for a person (X) to do the following acts:(a) make a copy of —(i) a sound recording; (ii) a film; (iii) a broadcast; (iv) a cable programme; (v) a recording of a protected performance; (b) record a protected performance

• § 202 — Things done for purposes of examination

  202. It is a permitted use of a work or protected performance to do anything for the purposes of an examination, including —(a) setting the questions; (b) communicating the questions to the candidates; and (c) answering the questions.

• § 203 — Inclusion of authorial work in collections for use by educational institutions

  203.—(1) If the conditions in subsection (2) are met, it is a permitted use to include a short extract of an authorial work in a collection of authorial works.(2) The conditions are —(a) the work has been published; (b) the work was not published for the purpose of being used by educational institu

• § 204 — Using material available on Internet for educational purposes

  204.—(1) If the conditions in subsection (2) are met, the following acts are permitted uses:(a) making a copy of a work or a recording of a protected performance; (b) communicating a work or a recording of a protected performance to the public; (c) making an adaptation of a literary, dramatic or m

• § 205 — Performances by students or staff of educational institutions, etc.

  205.—(1) If the conditions in subsection (2) are met, it is a permitted use to perform a musical work in public.(2) The conditions are —(a) the work is performed for an audience by the students or staff of an educational institution (whether on the premises of the institution or elsewhere); and (b)

• § 206 — Material to which this Division applies

  206. In this Division, “relevant material” —(a) means any of the following material:(i) a published literary work; (ii) a published dramatic work; (iii) a published artistic work; (iv) a published sound recording; (v) a sound broadcast; (vi) a published recording of a protected performance; but

• § 207 — Interpretation: what is an accessible format

  207.—(1) A format is an “accessible format” if it is —(a) any format that is accessible to persons with print disabilities, including —(i) a large print version; (ii) an electronic book; (iii) a sound recording; and (iv) the format known as Digital Accessible Information System (DAISY); or (b) a

• § 208 — Interpretation: what is an accessible format copy

  208. An “accessible format copy” means —(a) in relation to an authorial work — a copy (whether in an electronic or a physical form) of the work in an accessible format; (b) in relation to a sound recording — a copy (whether in an electronic or a physical form) of the recording in an accessible form

• § 209 — Interpretation: what is a new copy of an accessible format copy

  209. In this Division, an accessible format copy is new if —(a) in the case of a physical copy — the copy is not secondhand; (b) in the case of a copy (being a sound recording or an electronic copy) that is embodied or stored in a record or other article — a copy that is embodied or stored in a rec

• § 21 — What is a sound recording

  21. A “sound recording” is the sounds embodied in a record, but does not include the sounds of a film.

• § 210 — Interpretation: what does it mean to make an accessible format copy available to persons with print disabilities or a foreign institution

  210. For the purposes of this Division —(a) an accessible format copy is made available to a person with a print disability if the copy is made available —(i) to the person; (ii) on a network or otherwise; and (iii) in a way that the copy may be accessed by the person on demand; and (b) an access

• § 211 — Making, distributing or making available accessible format copies for Singapore residents with print disabilities

  211.—(1) If the conditions in subsection (2) are met, it is a permitted use of any relevant material to —(a) make a copy of the material; (b) distribute a physical copy of the material; or (c) make available an electronic copy of the material. (2) The conditions are —(a) the copy is an accessible

• § 212 — Making or making available accessible format copies for foreign institutions or non‑resident persons with print disabilities

  212.—(1) If the conditions in subsection (2) are met, it is a permitted use of any relevant material to —(a) make a physical copy of the material; or (b) make available an electronic copy of the material. (2) The conditions are —(a) the copy is an accessible format copy; (b) the copy is made or m

• § 213 — Receiving, importing or distributing accessible format copies from foreign institutions

  213.—(1) If the conditions in subsection (2) are met, it is a permitted use of any relevant material to —(a) make a temporary electronic copy of the material incidentally to the technical process of receiving an electronic copy of the material from a foreign institution (F) aiding persons with print

• § 214 — Making of accessible format copy by person with print disability for personal use

  214.—(1) If the conditions in subsection (2) are met, it is a permitted use to make a copy of any relevant material.(2) The conditions are —(a) the copy is an accessible format copy; (b) the copy is made by —(i) a person with a print disability (X) who is a Singapore resident; or (ii) a person act

• § 215 — Copyright not to vest by virtue of making accessible format copy for persons with print disability

  215.—(1) This section applies where an accessible format copy of any relevant material is made —(a) by or on behalf of —(i) the body administering an institution aiding persons with print disabilities; or (ii) an educational institution; (b) on a non‑profit basis; and (c) to be used by a person w

• § 216 — Rights owner’s right to license or authorise not affected

  216. This Division does not affect a rights owner’s right to grant a licence to or authorise (as the case may be) the body administering an institution aiding persons with print disabilities or an educational institution —(a) to make or cause to be made; (b) to make available or cause to be made av

• § 217 — Copying by institution aiding persons with intellectual disabilities — authorial works

  217.—(1) If the conditions in subsection (2) are met, it is a permitted use to make a copy of an authorial work.(2) The conditions are —(a) the work has been published; (b) the copy is made by or on behalf of a body (X) administering an institution aiding persons with intellectual disabilities; (c

• § 218 — Copying, etc., by institution aiding persons with intellectual disabilities — protected performances

  218.—(1) If the conditions in subsection (2) are met, it is a permitted use to —(a) make a copy of a recording of a protected performance; or (b) record a protected performance live. (2) The conditions are —(a) the copy or recording is made by or on behalf of a body administering an institution ai

• § 219 — Copyright not to vest by virtue of making copy for aiding persons with intellectual disabilities

  219.—(1) This section applies where a copy of an authorial work is made —(a) by or on behalf of a body administering an institution aiding persons with intellectual disabilities; and (b) for the sole purpose of aiding persons with intellectual disabilities (whether the aid is provided by the instit

• § 22 — When is a sound recording made

  22. A sound recording is made when the first record embodying the sounds is produced.

• § 220 — Rights owner’s right to license or authorise not affected

  220. This Division does not affect —(a) the right of the owner of the copyright in an authorial work to grant a licence to the body administering an institution aiding persons with print disabilities to make, or cause to be made, copies of the work; or (b) the right of the rights owner of a protect

• § 221 — Interpretation: what is an article in a periodical publication

  221. In this Division, “article”, in relation to a periodical publication, means anything (other than an artistic work) appearing in the publication.

• § 222 — Public use and enjoyment — copying for public exhibitions

  222.—(1) If the conditions in subsection (2) are met, it is a permitted use to make a copy of any of the following material:(a) an authorial work; (b) a sound recording; (c) a film; (d) a recording of a protected performance. (2) The conditions are —(a) the material is part of a public collectio

• § 223 — Public use and enjoyment — publicising public exhibitions

  223.—(1) If the conditions in subsection (2) are met, it is a permitted use to —(a) make a copy of any of the following material:(i) an authorial work; (ii) a sound recording; (iii) a film; (iv) a recording of a protected performance; or (b) communicate the material to the public. (2) The condi

• § 224 — Public use and enjoyment — performing for public exhibitions

  224.—(1) If the conditions in subsection (2) are met, it is a permitted use to do any of the following acts:(a) perform a literary, dramatic or musical work in public; (b) cause the visual images of a film to be seen in public or any sounds of the film to be heard in public (or both). (2) The cond

• § 225 — Public use and enjoyment — making public collection available on internal network

  225.—(1) If the conditions in subsection (2) are met, it is a permitted use to make any of the following material available on a network:(a) an article in a periodical publication, if acquired in electronic form; (b) a published authorial work, if acquired in electronic form; (c) an unpublished ar

• § 226 — Research or study — copying or communicating material for users of public collections

  226.—(1) If the conditions in subsection (2) are met, it is a permitted use to —(a) make a copy of any of the following material:(i) an authorial work; (ii) a recording of a protected performance; or (b) communicate the material. (2) The conditions are —(a) either —(i) the material has been publi

• § 227 — Research or study — copying originals for use on premises of public collections

  227.—(1) If the conditions in subsection (2) are met, it is a permitted use to —(a) make a copy of any of the following material:(i) an authorial work; (ii) a sound recording; (iii) a film; (iv) a recording of a protected performance; or (b) communicate the material. (2) The conditions are —(a)

• § 228 — Research or study — copying or communicating unpublished thesis in university library or archive

  228.—(1) If the conditions in subsection (2) are met, it is a permitted use to make a copy of, or communicate, a thesis or a similar literary work.(2) The conditions are —(a) the original version or a copy of the thesis or work is kept in a university library (including a similar institution) or an

• § 229 — Research, study or publication — copying or communicating unpublished old material in public collections

  229.—(1) If the conditions in subsection (2) are met, it is a permitted use to —(a) make a copy of any of the following material:(i) an authorial work; (ii) a sound recording; (iii) a film; (iv) a recording of a protected performance; or (b) communicate the material. (2) The conditions are —(a)

• § 23 — Who is the maker of a sound recording

  23. The maker of a sound recording is the person who owns the first record embodying the sounds when the recording is produced.

• § 230 — Publication — publishing unpublished old authorial works in public collections

  230.—(1) It is a permitted use of an authorial work (called in this section the old work) to publish another authorial work (called in this section the new work) that includes the old work (or any part of the old work) if —(a) immediately before the new work is first published —(i) the old work is u

• § 231 — Publication — communicating, performing, etc., authorial works published under section 230

  231.—(1) This section applies where, by virtue of section 230, the publication of an authorial work (or part of the authorial work) is a permitted use.(2) The following acts are also permitted uses if they are done after the publication:(a) broadcasting the work (or part of the work); (b) including

• § 232 — Preservation and replacement — copying material in public collections

  232.—(1) If the conditions in subsection (2) are met, it is a permitted use to make a copy of any of the following material:(a) an authorial work; (b) a sound recording; (c) a film; (d) a recording of a protected performance. (2) The conditions are —(a) the material was or is part of a public co

• § 233 — Administration — copying or communicating material in public collections

  233.—(1) If the conditions in subsection (2) are met, it is a permitted use to —(a) make a copy of any of the following material:(i) an authorial work; (ii) a sound recording; (iii) a film; (iv) a recording of a protected performance; or (b) communicate the material. (2) The conditions are —(a)

• § 234 — Supplying copies of published literary, dramatic or musical works or articles between libraries and archives

  234.—(1) This section applies if —(a) a copy is made of —(i) a published literary, dramatic or musical work; or (ii) an article in a periodical publication; (b) the copy is made or caused to be made —(i) by an authorised officer of library X; and (ii) on a written request by or on behalf of an au

• § 235 — Protection of libraries and archives when infringing copies made on machines installed by them

  235.—(1) This section applies where —(a) a machine is installed by or with the approval of the custodian of a library —(i) on the premises of the library; or (ii) outside the premises of the library, but for the convenience of persons using the library; (b) a notice in the prescribed form and dime

• § 236 — Copying online material for National Library Board collection

  236.—(1) If the conditions in subsection (2) are met, it is a permitted use to make a copy of any of the following material:(a) an authorial work; (b) a sound recording; (c) a film; (d) a recording of a protected performance. (2) The conditions are —(a) the material is or is part of online mater

• § 237 — Making back‑up copy of computer program

  237.—(1) If the conditions in subsection (2) are met, it is a permitted use to make a copy of a computer program.(2) The conditions are —(a) the copy is not made from an infringing copy of the program; and (b) the copy is made —(i) by or on behalf of the owner of the copy of the program from which

• § 238 — Copying electronic compilation or computer program when essential for use

  238.—(1) If the conditions in subsection (2) are met, it is a permitted use for a person (X) to make, or authorise the making of, a copy or an adaptation of —(a) a compilation in an electronic form; or (b) a computer program. (2) The conditions are —(a) the copy or adaptation is made from a copy o

• § 239 — Decompilation of computer program by lawful user

  239.—(1) If the conditions in subsection (2) are met, it is a permitted use for a person (X) to decompile a computer program.(2) The conditions are —(a) the program is expressed in a low‑level language; (b) X is a lawful user of the program; (c) the decompiling is necessary to obtain the informati

• § 24 — What is a film; what are the visual images, sounds and soundtrack of a film

  24.—(1) A “film” —(a) is all the visual images embodied in a thing in a way that —(i) the images can be shown as a moving picture by using that thing; or (ii) that thing can be used to embody the images in another thing, and the images can be shown as a moving picture by using that other thing; and

• § 240 — Observing, studying and testing of computer program by lawful user

  240.—(1) If the conditions in subsection (2) are met, it is a permitted use for a person (X) to observe, study or test the functioning of a computer program.(2) The conditions are —(a) X is a lawful user of the program; and (b) the observing, studying or testing is done —(i) to determine the ideas

• § 241 — Copying or adapting of computer program by lawful user

  241.—(1) If the conditions in subsection (2) are met, it is a permitted use for a person (X) to make a copy or an adaptation of a computer program.(2) The conditions are —(a) X is a lawful user of the program; (b) making the copy or adaptation is necessary for X’s lawful use; and (c) making the co

• § 242 — Interpretation: who is a lawful user

  242. In this Division, a person is a “lawful user” of a computer program if the person has a right to use the program (whether under a licence to do any act comprised in the copyright in the program or otherwise).

• § 243 — Interpretation: what is computational data analysis

  243. In this Division, “computational data analysis”, in relation to a work or a recording of a protected performance, includes —(a) using a computer program to identify, extract and analyse information or data from the work or recording; and (b) using the work or recording as an example of a type

• § 244 — Copying or communicating for computational data analysis

  244.—(1) If the conditions in subsection (2) are met, it is a permitted use for a person (X) to make a copy of any of the following material:(a) a work; (b) a recording of a protected performance. (2) The conditions are —(a) the copy is made for the purpose of —(i) computational data analysis; or

• § 245 — Interpretation: what is an interactive service

  245. In this Division, “interactive service” —(a) means a service that enables an individual to receive —(i) a transmission of a programme specially created for that individual; or (ii) on request, a transmission (whether or not as part of a programme) of a particular sound recording or a particula

• § 246 — Communication by analogue broadcast

  246.—(1) If the conditions in subsection (2) are met, it is a permitted use for a person (X) to communicate —(a) a sound recording; or (b) a recording of a protected performance. (2) The conditions are —(a) the communication is by means of an analogue broadcast; and (b) the recording —(i) is not

• § 247 — Communication by non‑interactive digital broadcast

  247.—(1) If the conditions in subsection (2) are met, it is a permitted use for a person (X) to communicate —(a) a sound recording; or (b) a recording of a protected performance. (2) The conditions are —(a) the communication is by means of a digital broadcast that —(i) is not part of an interactiv

• § 248 — Communication by other analogue or non‑interactive digital transmission

  248.—(1) If the conditions in subsection (2) are met, it is a permitted use for a person (X) to communicate —(a) a sound recording; or (b) a recording of a protected performance. (2) The conditions are —(a) the communication is an analogue transmission (but not an analogue broadcast); or (b) the

• § 249 — Films depicting historical events

  249.—(1) This section applies where —(a) the visual images of a film consist wholly or mainly of images that, when they were first embodied in an article or a thing, were means of communicating news; and (b) 50 years have passed since the end of the year during which the main events depicted in the

• § 25 — What is the making of a film

  25. The making of a film is the doing of the things needed to produce the first copy of the film.

• § 250 — Using record of sounds in films

  250.—(1) This section applies where —(a) the sounds embodied in the soundtrack of a film are also embodied in a record; and (b) the record is not the soundtrack or derived, directly or indirectly, from the soundtrack. (2) Any use of the record is a permitted use of the film. —(1) This section app

• § 251 — Making sound recordings or films of literary, dramatic and musical works for broadcasting

  251.—(1) If the conditions in subsection (2) are met, it is a permitted use for a person (X) to make a copy of a literary, dramatic or musical work.(2) The conditions are —(a) the copy is a sound recording or film of the work; (b) the copy is made for the sole purpose of broadcasting the work; (c)

• § 252 — Making films of artistic works for television broadcasting or cable programmes

  252.—(1) If the conditions in subsection (2) are met, it is a permitted use for a person (X) to make a film of an artistic work.(2) The conditions are —(a) the film is made for the sole purpose of including the work in a television broadcast or cable programme; (b) X would not infringe the copyrigh

• § 253 — Copying sound recordings or recordings of performances for broadcasting

  253.—(1) If the conditions in subsection (2) are met, it is a permitted use for a person (X) to —(a) make a copy of —(i) a sound recording; or (ii) a recording of a protected performance; or (b) record a protected performance live. (2) The conditions are —(a) the copy or recording is made for the

• § 254 — Checking whether broadcast of sound recording or recording of performance is lawful

  254.—(1) This section applies where a sound recording, a protected performance or a recording of a protected performance is intended for broadcast or is broadcast.(2) The following acts are permitted uses if they are done for the purpose of checking whether the broadcast or intended broadcast compli

• § 255 — Making sound recordings or films of literary, dramatic or musical works for simulcasting

  255.—(1) If the conditions in subsection (2) are met, it is a permitted use for a person to make a copy of a literary, dramatic or musical work.(2) The conditions are —(a) the copy is a sound recording or film of the work; (b) broadcasting the work would not infringe the copyright in the work; (c)

• § 256 — Copying sound recordings, recordings of performances, or films for simulcasting

  256.—(1) If the conditions in subsection (2) are met, it is a permitted use to make a copy of any of the following material:(a) a sound recording; (b) a film; (c) a recording of a protected performance. (2) The conditions are —(a) broadcasting the material would not be a rights infringement in re

• § 257 — Reception of broadcasts or cable programmes

  257.—(1) It is a permitted use of a literary, dramatic or musical work for a person to —(a) receive a broadcast or a cable programme; and (b) thereby cause the work to be seen or heard (or both) in public. (2) It is a permitted use of a sound recording or a recording of a protected performance for

• § 258 — Deemed copyright licences when receiving or transmitting broadcasts or cable programmes

  258.—(1) A person is deemed to have the licence of the copyright owner of a film to —(a) cause the visual images of the film to be seen in public or any sounds of the film to be heard in public (or both) by receiving a television broadcast or cable programme; and (b) cause the film to be included i

• § 259 — Interpretation and scope of this Division

  259.—(1) In this Division —“musical work” means a musical work in its original form or an adaptation of the work; “owner”, in relation to the copyright in a literary, dramatic or musical work, means, unless the contrary intention appears, the person who is entitled to authorise the making in, and t

• § 26 — Who is the maker of a film

  26. The maker of a film is the person who undertakes the arrangements needed to make the film.

• § 260 — Conditions for making musical records

  260.—(1) Subject to subsections (3) and (4), it is a permitted use for a person (X) to make a record of a musical work (or of an adaptation of the work) if —(a) the record is made in Singapore; (b) other records of the work (or of a similar adaptation of the work) have previously been made in Singa

• § 261 — Conditions for including literary or dramatic work in musical records

  261.—(1) This section applies where —(a) a person (X) makes a record of a performance of a musical work; and (b) in the recorded performance, some or all of the words of a literary or dramatic work are sung, or spoken, incidentally to or in association with the music. (2) The making of the record

• § 262 — Regulations and inquiry on amount of royalties

  262.—(1) The Minister may make regulations to prescribe the royalty payable to a copyright owner under this Division, including any minimum royalty and any circumstances in which no royalty or no further royalty needs to be paid or apportioned.(2) The Minister may request a Copyright Tribunal to inq

• § 263 — Regulations on other matters

  263. The Minister may prescribe any matter for the purpose of this Division (other than matters that may be prescribed under section 262), including —(a) the manner in which, and the time within which, the royalty for a record must be paid; (b) requiring the royalty (or any part of the royalty) for

• § 264 — Modifications relating to records made before 10 April 1987

  264.—(1) This section applies to a record made before 10 April 1987 of a musical work.(2) If the record is made by (or with the consent or acquiescence of) the owner of the copyright in the work under the 1911 Act, the record is deemed, for the purposes of this Division —(a) to have been made in Sin

• § 265 — Buildings and certain artistic works in public places

  265.—(1) This section applies to the following artistic works:(a) a building or a model of a building; (b) a sculpture located (other than temporarily) in a public place or in premises open to the public; (c) a work under paragraph (a)(iii) of the definition of “artistic work” in section 20(1), bu

• § 266 — Incidental inclusion in film, television broadcast or cable programme

  266.—(1) If the condition in subsection (2) is met, it is a permitted use of an artistic work to —(a) include the work in a film, television broadcast or cable programme; or (b) publish a film that includes the work, but only if the film is made on or after 10 April 1987. (2) The inclusion must be

• § 267 — Copying artistic work in different dimensions

  267.—(1) If the condition in subsection (2) is met, it is a permitted use of an artistic work to —(a) if the work is 2‑dimensional — make a 3‑dimensional object of any kind; and (b) if the work is 3‑dimensional — make a 2‑dimensional object of any kind. (2) The object must not appear, to persons w

• § 268 — Copying part of artistic work in later artistic work

  268.—(1) It is a permitted use of an artistic work to make a later artistic work if —(a) both works are made by the same author; and (b) the later work does not repeat or imitate the main design of the earlier work. (2) Subsection (1) applies even if —(a) part of the earlier work is reproduced in

• § 269 — Reconstruction of buildings

  269.—(1) It is a permitted use of an artistic work, being a building, to reconstruct the building.(2) It is a permitted use of architectural drawings or plans to reconstruct a building according to those drawings or plans if —(a) another building has earlier been constructed according to those drawi

• § 27 — What does it mean to broadcast (verb)

  27. To “broadcast” means to broadcast by wireless telegraphy.

• § 270 — Interpretation of this Division

  270. In this Division —“corresponding design”, in relation to an artistic work, has the meaning given by section 2(1) of the Registered Designs Act 2000; “device” means a device for projecting a non‑physical product (as defined by section 2(3) of the Registered Designs Act 2000); “exclusive rights

• § 271 — Purpose of this Division

  271. The purpose of this Division is to restrict the application of copyright law in relation to an artistic work with a corresponding design that is, has been or could be applied to —(a) articles or products, under the Registered Designs Act 2000; or (b) useful articles.

• § 272 — Artistic work with corresponding design registered under Registered Designs Act 2000

  272.—(1) This section applies where there is, in relation to an artistic work, a corresponding design that is or is deemed to be registered.(2) Subject to section 273, it is a permitted use of the artistic work to —(a) while the registration is still in force — do any act that is within the exclusiv

• § 273 — Modification of section 272 if registration is false

  273.—(1) Subject to subsection (2), section 272 does not apply in any proceedings for an infringement of the copyright in the artistic work if —(a) the registration of the corresponding design is still in force before the proceedings begin; and (b) it is proved or admitted in those proceedings that

• § 274 — Artistic work with industrially‑applied corresponding design that could have been registered under Registered Designs Act 2000

  274.—(1) Subject to subsection (3), this section applies where —(a) copyright subsists in an artistic work; (b) there is a corresponding design in relation to the work; (c) the corresponding design is applied industrially (whether in Singapore or elsewhere) to articles or products; (d) the indust

• § 275 — Artistic works that have been industrially applied

  275.—(1) If the condition in subsection (2) is met, it is a permitted use of an artistic work to make —(a) a useful article in 3 dimensions; (b) a 2‑dimensional copy that is reasonably required to make a useful article in 3 dimensions; or (c) a product. (2) The work must have been applied industr

• § 276 — Application to artistic works made before 10 April 1987

  276. This Division (except section 275) does not apply to an artistic work made before 10 April 1987.

• § 277 — Interpretation: what is a public register

  277.—(1) In this Division, “public register” —(a) subject to paragraphs (b) and (c), means any collection (however named) of documents or materials to which the following criteria apply:(i) the collection is maintained by the Government or a public body under any written law; (ii) the Government or

• § 278 — Copying or communicating material in public registers

  278.—(1) If the conditions in subsection (2) are met, it is a permitted use to —(a) make a copy of any of the following material:(i) a work; (ii) a recording of a protected performance; or (b) communicate the material to the public. (2) The conditions are —(a) the material is part of a public reg

• § 279 — Copying literary or artistic works in public registers

  279.—(1) If the conditions in subsection (2) are met, it is a permitted use to make a copy of a literary or an artistic work.(2) The conditions are —(a) the work is part of a public register; (b) if the register is maintained by the Government — the copy is made by or with the authority of the Gove

• § 28 — What is a broadcast (noun)

  28. A “broadcast” is a television or sound broadcast.

• § 280 — Interpretation: what is publicly disclosed material

  280.—(1) In this Division, a work or a recording of a protected performance is publicly disclosed material if —(a) it is in the possession, custody or control of the Government or a public body; (b) it is supplied, communicated or otherwise disclosed to the public by or with the authority of the Go

• § 281 — Copying or communicating publicly disclosed material

  281.—(1) If the conditions in subsection (2) are met, it is a permitted use to —(a) make a copy of any of the following material:(i) a work; (ii) a recording of a protected performance; or (b) communicate the material to the public. (2) The conditions are —(a) the material —(i) is already publicl

• § 282 — Copying literary or artistic works that are publicly disclosed material

  282.—(1) If the conditions in subsection (2) are met, it is a permitted use to make a copy of a literary or an artistic work.(2) The conditions are —(a) the work is publicly disclosed material; (b) if the work is in the possession, custody or control of the Government — the copy is made by or with

• § 283 — Data sharing within public sector

  283.—(1) If the conditions in subsection (2) are met, it is a permitted use to —(a) make a copy of any of the following material:(i) a work; (ii) a recording of a protected performance; or (b) communicate the material. (2) The conditions are —(a) the material is in the possession, custody or cont

• § 284 — Interpretation: what is a public act

  284.—(1) In this Division, “public act” means any act that is —(a) done by —(i) the Government; or (ii) a person with the written authority of the Government —(A) whether the authority is given before or after the act; and (B) whether or not the person also has the licence of the relevant rights o

• § 285 — Public act is permitted use

  285.—(1) A public act in relation to a work or protected performance is a permitted use.(2) As soon as practicable after a public act is done, the Government must —(a) inform the relevant rights owner in the prescribed manner; and[Act 31 of 2022 wef 01/11/2022] (b) give the rights owner any informa

• § 286 — Terms for doing public act

  286.—(1) The terms for doing a public act are to be —(a) agreed between the Government and the rights owner (whether before or after the act is done); or (b) in default of agreement, decided by a Copyright Tribunal. (2) Unless it is approved by the Minister, an agreement or a licence that fixes th

• § 287 — Public act does not constitute publication

  287. A public act —(a) is not to be treated, for the purposes of this Act, as publishing a work or a recording of a protected performance; and (b) must be ignored in determining the duration of any copyright under this Act.

• § 288 — Protection of purchaser in sale in course of public act

  288.—(1) This section applies where, by virtue of section 285, the sale of an article is not a rights infringement.(2) The purchaser and any person claiming through the purchaser is entitled to deal with the article as if the Government is the rights owner. —(1) This section applies where, by virtu

• § 289 — Modification when exclusive copyright licence in force

  289. In this Division (except section 288), “rights owner”, in relation to any copyright that is subject to an exclusive licence, means the exclusive licensee.

• § 29 — What is a television broadcast

  29. A “television broadcast” is the visual images that are broadcast by way of television, together with any sounds broadcast for reception along with those images.

• § 290 — Acts done for judicial proceedings

  290.—(1) It is a permitted use of a work or protected performance to do anything for the purposes of —(a) a judicial proceeding; or (b) reporting a judicial proceeding. (2) In this section, “judicial proceeding” means a proceeding before any court, tribunal or person having by law power to hear, r

• § 291 — Acts done for seeking legal advice

  291. It is a permitted use of a work or protected performance to do anything —(a) for the purpose of seeking professional advice from an advocate and solicitor; or (b) for the purpose of, or in the course of, the giving of professional advice by an advocate and solicitor.

• § 292 — Temporary copies made in course of communication

  292.—(1) If the conditions in subsection (2) are met, it is a permitted use to make a temporary copy of —(a) a work; or (b) a recording of a protected performance. (2) The conditions are —(a) the temporary copy is made incidentally as part of the technical process of making or receiving a communic

• § 293 — Temporary copies made in user caching

  293.—(1) If the conditions in subsection (2) are met, it is a permitted use to make a temporary and incidental electronic copy of —(a) a work; or (b) a recording of a protected performance. (2) The conditions are —(a) the copy is made from an electronic copy of the work or recording that is made a

• § 294 — Transfer of electronic copy of material

  294.—(1) This section applies where —(a) an electronic copy of any material (called in this section the first copy) is purchased on or after 15 December 1999; and (b) the terms of purchase (whether expressed or implied), or any rule of law, allow the purchaser to do any of the following acts in con

• § 295 — Reading or recitation of literary or dramatic works

  295.—(1) If the conditions in subsection (2) are met, it is a permitted use to —(a) read or recite, in public, an extract from a literary or dramatic work; or (b) include, in a communication of a reading or recitation, an extract from a literary or dramatic work. (2) The conditions are —(a) the wo

• § 296 — Religious performances of literary, dramatic or musical works

  296.—(1) If the conditions in subsection (2) are met, it is a permitted use to perform a literary, dramatic or musical work.(2) The conditions are —(a) the work is of a religious nature; and (b) the performance is in the course of services at a place of worship or other religious assembly. —(1) If

• § 297 — Using adaptations of literary, dramatic or musical works

  297.—(1) Subject to subsection (2), where an act in relation to a literary, dramatic or musical work is a permitted use of the work under any provision of this Part, the same act in relation to an adaptation of the work is also a permitted use.(2) For the purposes of subsection (1) —(a) if it is a c

• § 298 — Copying published editions of authorial works in course of permitted use of authorial works

  298. It is a permitted use of a published edition of an authorial work (or authorial works) to make a copy of the edition in the course of any other permitted use of that work (or any, some or all of those works).

• § 299 — Private and domestic use

  299.—(1) If the condition in subsection (2) is met, it is a permitted use for a person to —(a) make a copy of any of the following material:(i) a broadcast; (ii) a cable programme; (iii) a recording of a protected performance; or (b) record a protected performance live. (2) The copy or recording

• § 3 — Extension of Act to reciprocating countries

  3.—(1) Subject to subsection (2), regulations may prescribe that —(a) a country is a reciprocating country; and (b) this Act is extended so as to apply in relation to the country or its nationals —(i) generally or for specified classes of cases; and (ii) with or without modifications or exceptions

• § 30 — What is a sound broadcast

  30. A “sound broadcast” is any sounds broadcast except as part of a television broadcast.

• § 300 — Recording performance, etc., in mistaken belief of authorisation

  300.—(1) If the condition in subsection (2) is met, it is a permitted use for a person (X) to do any of the following acts:(a) make a copy of a recording of a protected performance; (b) record a protected performance live. (2) Because of a fraudulent or an innocent misrepresentation made to X, X b

• § 301 — When and how should copies be notated

  301.—(1) Where a copy (including a microform copy and an accessible format copy) of a work, or of a recording of a protected performance, is required to be notated according to this section, the notation must —(a) in the case of a copy (being a sound recording) made under Division 4 (persons with pr

• § 302 — Presumptions relating to notated copy

  302.—(1) In the following proceedings, a copy that is notated in accordance with section 301 is prima facie proof of the notated matters:(a) proceedings for rights infringements; (b) proceedings for contravening any provision of this Act; (c) proceedings in a Copyright Tribunal to decide the amoun

• § 303 — Making false or misleading notation

  303.—(1) A person commits an offence if —(a) the person makes a notation that is for, or appears to be for, the purposes of section 301; and (b) the person knows or ought reasonably to know that the notation contains any material information that is false or misleading. (2) A person convicted of a

• § 304 — Interpretation of this Division

  304. In this Division —“delivery up order” means an order under section 309(2); “disposal order” means an order under section 310(1); “infringement action” means an action for a rights infringement.

• § 305 — Remedies

  305.—(1) Subject to the provisions of this Act, the remedies that the Court may grant for a rights infringement include —(a) an injunction (which may be subject to terms); (b) damages, including additional damages under section 307; (c) an account of profits; (d) if the claimant so elects, statut

• § 306 — No damages for innocent rights infringement

  306.—(1) Where a person does an act that constitutes a rights infringement, damages may not be ordered for the infringement if, when doing that act, the person does not know and could not reasonably have known that the act is a rights infringement.(2) To avoid doubt, subsection (1) does not prevent

• § 307 — Measure of damages

  307. The Court may order additional damages for a rights infringement if it is appropriate in the circumstances, having regard to all relevant matters, including —(a) the flagrancy of the infringement; and (b) any benefit gained by the defendant because of the infringement.

• § 308 — Measure of statutory damages

  308.—(1) This section applies where a claimant in an infringement action elects for statutory damages.(2) The amount of statutory damages must not exceed —(a) $10,000 for each work or performance that is the subject of the action; (b) $200,000 for all the works that are the subject of the action; a

• § 309 — Order to deliver up infringing copies, etc.

  309.—(1) This section and sections 310 and 311 apply where —(a) an infringement action is brought; and (b) any of the following items (called in this section and sections 310 and 311 offending items) is before the Court or in the defendant’s possession:(i) any infringing copy; (ii) any article tha

• § 31 — Who is the maker of a broadcast

  31. The maker of a broadcast is —(a) the person who broadcasts the relevant visual images or sounds (or both); and (b) in the case of direct broadcasting by satellite — the person who transmits the relevant visual images or sounds (or both) to the satellite transponder.

• § 310 — Order to dispose of infringing copies, etc.

  310.—(1) The Court may order the offending items to be —(a) forfeited to the claimant; (b) destroyed; or (c) otherwise dealt with. (2) Without limiting subsection (1)(c), a disposal order may require offending items to be sold and the proceeds to be divided between interested persons. (3) In dec

• § 311 — Procedure for disposal order

  311.—(1) This section applies to proceedings for a disposal order to be made against offending items.(2) The Court must give directions to serve notice on any person having an interest in any of the offending items. (3) A person who claims an interest in any of the offending items may appear in the

• § 312 — Remedy for infringement of copyright under section 151

  312. Despite any provision to the contrary in this Act, the only remedy for an infringement of copyright under section 151 is an order for the payment of equitable remuneration as determined by a Copyright Tribunal.

• § 313 — Interpretation of this Division

  313. In this Division —“electronic copy” means —(a) a work, or a copy of a work, in an electronic form; or (b) a sound recording, in an electronic form, of a performance; “network connection provider” or “NCP” —(a) means a person who provides services relating to, or provides connections for, the

• § 314 — Provisions relating to rights infringement not affected

  314. This Division does not affect what constitutes a rights infringement.

• § 315 — Restriction of remedies if conditions met

  315.—(1) The purpose of this Subdivision is to restrict the remedies available against a NCP or NSP for rights infringements arising from their activities, but only if certain conditions are met.(2) If a NCP commits a rights infringement to which section 316 (transmission, routing and providing conn

• § 316 — Conditions relating to infringement by transmission, routing or providing connections

  316.—(1) This section applies where a NCP commits a rights infringement by —(a) transmitting or routing, or providing connections for, an electronic copy through the NCP’s primary network; or (b) any temporary storage of an electronic copy in the course of doing an act under paragraph (a). (2) The

• § 317 — Conditions relating to infringement by system caching

  317.—(1) This section applies where a NSP commits a rights infringement by making an electronic copy (called in this section the cached copy) —(a) on the NSP’s primary network; (b) from another electronic copy that is available on a network (called in this section the originating network); (c) thr

• § 318 — Conditions relating to infringement by storage

  318.—(1) This section applies where a NSP commits a rights infringement by storing an electronic copy on its primary network (called in this section the stored copy) at the direction of a user of that network.(2) The conditions for this section are —(a) if the NSP has the right and the ability to co

• § 319 — Conditions relating to infringement by locating information

  319.—(1) This section applies where —(a) an electronic copy (called in this section the main copy) is made available on an online location on a network (called in this section the originating network); (b) the NSP commits a rights infringement by referring or linking a user of any network to the on

• § 32 — Where is a broadcast made

  32. A broadcast is made at —(a) the place from which the relevant visual images or sounds (or both) are broadcast; and (b) in the case of direct broadcasting by satellite — the place from which the relevant visual images or sounds (or both) are transmitted to the satellite transponder.

• § 320 — Conditions do not require monitoring of network services, etc.

  320.—(1) The application of sections 315, 316, 317, 318 and 319 does not depend on —(a) a NSP monitoring its service or affirmatively seeking facts indicating a rights infringement, except to the extent consistent with any standard technical measure; or (b) a NSP taking any action to gain access to

• § 321 — Evidence of compliance with conditions

  321.—(1) In proceedings relating to this Subdivision, a NSP may produce evidence —(a) that is prescribed; and (b) that suggests that the NSP complied with any condition mentioned in section 316, 317, 318 or 319. (2) If a NSP produces the evidence mentioned in subsection (1), the NSP is presumed, u

• § 322 — Protection against liability for removing or disabling access to electronic copy under section 317, 318 or 319

  322.—(1) If subsection (2), (3) or (4) applies, a NSP is not, despite any contrary written law or rule of law, liable under any rule of law for acting to —(a) remove an electronic copy from its primary network; or (b) disable access to an electronic copy on its primary network or another network.

• § 323 — Requirements relating to take‑down or restoration notices, etc.

  323. A take‑down notice under section 317(2)(b), 318(2)(b)(iii) or 319(2)(b)(iii) or a restoration notice under section 322(3)(c) or (4)(c)(i) must —(a) be served in the prescribed manner; (b) be in or substantially in the prescribed form; and (c) state the prescribed matters.

• § 324 — Making false statements in take‑down or restoration notice

  324.—(1) In making a take‑down notice under section 317(2)(b), 318(2)(b)(iii) or 319(2)(b)(iii) or a restoration notice under section 322(3)(c) or (4)(c)(i), a person must not make a false statement (whether in or outside Singapore) that —(a) the person knows is false or does not believe is true; an

• § 325 — Access disabling order

  325.—(1) The Court may, on application, order a NCP to take reasonable steps to disable access to an online location (called in this Subdivision an access disabling order) if —(a) the online location is a flagrantly infringing online location; (b) the online location has been or is being used to co

• § 326 — Procedure for application

  326.—(1) This section applies to an application by a rights owner for an access disabling order against a NCP in relation to an online location.(2) Subject to subsection (5), the rights owner must do the following before making the application:(a) give notice to the owner of the online location that

• § 327 — Variation and revocation of order

  327.—(1) The Court may vary an access disabling order if —(a) there is a material change of circumstances; or (b) it is otherwise appropriate to do so.[Act 22 of 2021 wef 01/04/2022] (2) The Court may revoke an access disabling order if —(a) there is further evidence to show that the order should

• § 328 — Application of presumptions

  328. The presumptions in Subdivision (4) of Division 9 of Part 3 and section 181 apply in an application for an access disabling order.

• § 329 — Interpretation of this Division

  329. In this Division —“customs officer” —(a) means an officer of customs as defined in section 3(1) of the Customs Act 1960; and (b) includes —(i) a person appointed under section 366(1); and (ii) a senior customs officer; “dealer”, in relation to seized goods —(a) means the importer or intendin

• § 33 — When is a broadcast made

  33. A broadcast is made at —(a) the time when the relevant visual images or sounds (or both) are broadcast; and (b) in the case of direct broadcasting by satellite — the time when the relevant visual images or sounds (or both) are transmitted to the satellite transponder.

• § 330 — Interpretation: what are infringing goods

  330. In this Division, “infringing goods” means —(a) goods that are or incorporate infringing copies of any of the following works:(i) an authorial work; (ii) a published edition of an authorial work; (iii) a sound recording; (iv) a film; (v) a broadcast; or (b) goods that are or incorporate in

• § 331 — Infringement actions to which this Division applies

  331. In this Division, “infringement action”, in relation to seized goods, means an action —(a) for a rights infringement constituted by the importation or making of the seized goods; and (b) brought by any person who is entitled to bring the action.

• § 332 — Request to seize

  332.—(1) A person may request the Director‑General to seize goods if —(a) the person suspects that the goods are infringing goods of which the person is —(i) a rights owner; or (ii) a copyright licensee with the power to make a request under this section; and (b) the goods are not goods in transit

• § 333 — Duration of request

  333.—(1) A request to seize is in force until it is revoked or expires under this section.(2) A request may be revoked at any time by a written notice given to the Director‑General by —(a) the requestor; or (b) any person who becomes the rights owner after the requestor. (3) A request expires on t

• § 334 — Seizure on request

  334. A customs officer may seize goods (whether or not they are infringing goods) if —(a) a request to seize is made in respect of the goods; (b) the goods are imported or proposed to be exported; (c) the request is made in accordance with section 332; (d) the request is in force; (e) the reques

• § 335 — Notice to bring action after seizure

  335.—(1) After goods have been seized under section 334, the Director‑General must give written notice to the requestor and the dealer.(2) The notice must —(a) identify the seized goods; (b) state that the goods have been seized; (c) state the recipient’s rights under section 351 (inspection of se

• § 336 — Inspection and seizure without request

  336.—(1) A customs officer may examine any goods (including goods in transit) that the officer reasonably suspects to be infringing goods.(2) Subject to subsection (3), a customs officer may seize goods that the officer reasonably suspects are —(a) infringing goods; and (b) imported or to be export

• § 337 — Notice of seizure

  337.—(1) After goods have been seized under section 336, the Director‑General must give written notice to —(a) any person whom the Director‑General considers to be a rights owner of the goods; and (b) the dealer. (2) The notice must —(a) identify the seized goods; (b) state that the goods have be

• § 338 — Request to continue detention

  338.—(1) A person may request the Director‑General to continue to detain goods seized under section 336 if the person suspects that the goods are infringing goods of which the person is the rights owner.(2) A request must —(a) be made within the prescribed time after the date of the notice of seizur

• § 339 — Release of seized goods if request not made

  339. If a request to continue detention in respect of goods seized under section 336 is not made in accordance with section 338, the Director‑General must release the goods.

• § 34 — What is a cable programme

  34. A “cable programme” is a programme (including any item) that is included in a cable programme service.

• § 340 — Notice to bring action if request made

  340.—(1) If a request to continue detention in respect of goods seized under section 336 is made in accordance with section 338, the Director‑General must give a written notice to the requestor and the dealer.(2) The notice must state that the goods will be released to the dealer unless —(a) an infr

• § 341 — Interpretation of this Subdivision

  341. In this Subdivision —“claim period” means the time within which an infringement action must be brought under section 342; “notice to bring action” —(a) in relation to goods seized under Subdivision (2) — means the notice under section 335; and (b) in relation to goods seized under Subdivision

• § 342 — Time for requestor to bring action

  342.—(1) Subject to this section, where goods are seized under Subdivision (2) or (3), an infringement action in relation to the seized goods must be brought (whether by the requestor or any other entitled person) within the time specified in the notice to bring action.(2) The requestor or any other

• § 343 — Failure to bring action — release of seized goods

  343.—(1) This section applies if —(a) no infringement action in relation to the seized goods is brought within the claim period; or (b) the Director‑General is not informed in writing of the action within the claim period. (2) The Director‑General must release the seized goods to the dealer unless

• § 344 — Failure to bring action — compensation for seizure

  344.—(1) If no infringement action is brought in relation to the seized goods within the claim period, a person aggrieved by the seizure may apply to the Court for an order of compensation against the requestor.(2) The Court may order compensation if it is satisfied that the aggrieved person has suf

• § 345 — Infringement action — orders in relation to seized goods

  345.—(1) This section applies if —(a) an infringement action is brought in relation to the seized goods; and (b) the seized goods are not forfeited to the Government under section 355 or released when the action is brought. (2) The Court may, in addition to granting any other remedy —(a) at any ti

• § 346 — Infringement action — release of seized goods if no contrary order made

  346.—(1) This section applies if —(a) an infringement action is brought in relation to the seized goods; (b) the seized goods have not been forfeited to the Government under section 355 or released when the action is brought; and (c) on the 22nd day after the day on which the action is brought, th

• § 347 — Infringement action — compensation if action dismissed, etc.

  347.—(1) This section applies if —(a) an infringement action is brought in relation to the seized goods; (b) the action is dismissed or discontinued, or the Court decides that the importation or making of the seized goods is not a rights infringement; and (c) the Court is satisfied that the defend

• § 348 — Infringement action — further provisions

  348.—(1) If an infringement action is brought in relation to seized goods, the Court may, on the application of a person having sufficient interest in the seized goods, allow the person to be joined as a defendant.(2) A customs officer has the right to be heard in an infringement action relating to

• § 349 — Security for request to seize or continue detention

  349.—(1) A person who makes a request to seize or a request to continue detention must —(a) deposit with the Director‑General a sum of money that, in the Director‑General’s opinion, is enough for the purposes in subsection (2); or (b) give security, in a form and for an amount satisfactory to the D

• § 35 — What is a cable programme service

  35.—(1) A “cable programme service” —(a) is a service that consists wholly or mainly of the sending of visual images or sounds (or both) by any person —(i) by means of a telecommunication system (whether run by that person or any other person); and (ii) for reception —(A) by any means other than wi

• § 350 — Direction for secure storage

  350. The Director‑General may direct any of the following persons to take seized goods to a place that the Director‑General considers to be secure:(a) the person in possession, custody or control of those goods immediately before they were seized; (b) the person who made the request to seize or the

• § 351 — Inspecting, or removing sample of, seized goods

  351.—(1) In this section, “relevant person” means —(a) in relation to goods seized under Subdivision (2) — the person who made the request to seize; and (b) in relation to goods seized under Subdivision (3) — a person who may make a request to continue detention in respect of those goods (whether o

• § 352 — Power of customs officer, etc., to require information after seizure

  352.—(1) This section applies where —(a) goods are seized under Subdivision (2); or (b) goods are seized under Subdivision (3) (whether or not a request to continue detention is made in respect of those goods). (2) A customs officer may, at any time after the seizure, require a person to provide a

• § 353 — Requestor may ask for identity, etc., of person connected with seized goods

  353.—(1) This section applies where —(a) goods are seized under Subdivision (2); or (b) goods are seized under Subdivision (3), and a request to continue detention is made in respect of those goods. (2) The person who made the request to seize or the request to continue detention may apply to the

• § 354 — Notice of release

  354.—(1) This section applies in any case where the Director‑General is required by any provision of this Division to release seized goods to the dealer.(2) The Director‑General must —(a) give prior written notice of the release to the dealer; and (b) specify in the notice the period within which t

• § 355 — Forfeiture by consent

  355.—(1) A dealer may consent to forfeiting seized goods to the Government by giving written notice to the Director‑General.(2) The notice must —(a) be given before —(i) any infringement action is brought in relation to the seized goods; and (ii) any written notice under section 356 consenting to t

• § 356 — Release by consent

  356.—(1) A person who made a request to seize or a request to continue detention may consent to releasing the seized goods to the dealer by giving written notice to the Director‑General.(2) The Director‑General must release the seized goods to the dealer unless —(a) the Government or any public body

• § 357 — Release for non‑compliance with directions, etc.

  357.—(1) The Director‑General or a customs officer may refuse to seize goods and may release any seized goods if any direction of the Director‑General, or any prescribed requirement, is not complied with.(2) Subsection (1) does not require the Director‑General to release any seized goods if the Gove

• § 358 — Unsecured expenses of Director‑General

  358.—(1) This section applies where —(a) the Director‑General incurs reasonable expenses in taking any action under this Division in relation to seized goods (including taking any action in accordance with a court order); and (b) the expenses exceed the sum deposited, or the security given, under s

• § 359 — Interpretation of this Subdivision

  359. In this Subdivision —“aircraft”, “conveyance”, “master”, “pilot of an aircraft”, “vehicle” and “vessel” have the meanings given by section 2 of the Regulation of Imports and Exports Act 1995; “seizable goods” means goods that may be seized under Subdivision (2) or (3).

• § 36 — What is inclusion in a cable programme service

  36. A programme is included in a cable programme service only if it is included in the service by the person providing the service.

• § 360 — Powers to search vessels, aircrafts and vehicles

  360.—(1) A senior customs officer may —(a) board any conveyance in Singapore; and (b) rummage and search all parts of the conveyance for seizable goods. (2) In order to effectively exercise the power under subsection (1), a senior customs officer may do all or any of the following:(a) order the ma

• § 361 — Examination and search of packages, etc.

  361.—(1) The powers under subsections (2) and (3) may be exercised in relation to an article if —(a) the article is being imported or exported, or has recently been imported; and (b) the officer reasonably suspects that the article is or contains seizable goods. (2) A customs officer may —(a) exam

• § 362 — Removal of packages, etc., to police station, etc., for examination and search

  362.—(1) For the more convenient exercise of the powers under section 361, a customs officer may —(a) remove an article to a police station or an examination station; or (b) order the article to be so removed by the owner of the article, the owner’s agent, or any person who has custody, charge or c

• § 363 — Search of travellers and baggage

  363.—(1) This section applies to a person (called in this section a traveller) —(a) who is landing, is about to land, or has recently landed, from any vessel or aircraft; (b) who is leaving any vessel or aircraft in Singapore (whether to land or for any other purpose); or (c) who is entering or ha

• § 364 — Powers to enter certain premises

  364.—(1) For the purpose of exercising any power under section 360, 361, 362 or 363, a customs officer may, without warrant, enter —(a) any islet, landing place, wharf, dock, railway or quay; (b) any premises of a provider of port services or facilities licensed or exempted under the Maritime and P

• § 365 — Obstruction of customs officers

  365.—(1) A person commits an offence if he or she —(a) refuses any customs officer access to any vessel, aircraft, vehicle or place that the officer is entitled to under this Subdivision; or (b) obstructs or hinders any customs officer in the exercise of any power conferred on that officer by this

• § 366 — Appointment of persons to exercise powers and duties of customs officers

  366.—(1) The Minister may appoint any person, or class of persons, to exercise the powers and perform the duties of a customs officer under this Division (including any subsidiary legislation relating to this Division).(2) The Minister may appoint any person, or class of persons, to exercise the pow

• § 367 — Delegation of Director‑General’s powers

  367.—(1) Subject to this section, the Director‑General may delegate any of his or her powers and duties under this Division (including any subsidiary legislation relating to this Division) to a senior officer of customs as defined in section 3(1) of the Customs Act 1960.(2) A delegation under subsec

• § 368 — Fees

  368. The Minister charged with the responsibility for customs duties may make regulations to prescribe the fees payable to the Director‑General for the administration of this Division, including fees for the following purposes:(a) for the escort of a conveyance conveying seized goods; (b) for a cus

• § 369 — Interpretation of this Division

  369. In this Division —“moral right” means a right under this Division; “name” includes initials or a monogram.

• § 37 — What is a qualifying performance

  37.—(1) A “qualifying performance” is —(a) any of the following performances:(i) a performance (including an improvisation and a performance that uses puppets) of a dramatic work or part of the dramatic work; (ii) a performance (including an improvisation) of a musical work or part of the musical w

• § 370 — Application

  370. The moral rights in this Division apply only —(a) in relation to an authorial work in which copyright subsists; (b) for the period during which copyright subsists in the work; and (c) in relation to the whole or any substantial part of the work.

• § 371 — Right to be identified

  371.—(1) Subject to the provisions of this Division, the author of an authorial work has the moral right to be so identified, and that right is infringed if a person fails to identify the author —(a) in the circumstances mentioned in section 372; or (b) in the manner required by section 373. (2) I

• § 372 — Right to be identified — when should an author be identified

  372.—(1) A person must identify the author of a dramatic or literary work (other than a literary work mentioned in subsection (2)) whenever the person —(a) publishes the work; (b) performs the work in public; (c) communicates the work to the public; (d) causes to be seen in public a film that inc

• § 373 — Right to be identified — how should an author be identified

  373.—(1) Where an author has a moral right to be identified, he or she must be identified in accordance with this section.(2) The author must be identified —(a) in the way that the author wishes to be identified (for example, by the author’s true name or a pseudonym), but only if —(i) the author has

• § 374 — Right to be identified — exception where author not known

  374.—(1) Section 371 does not require a person to identify the author of an authorial work if, at or during the material time, the identity of the author —(a) is not generally known; (b) is not known to the person; and (c) could not reasonably be ascertained by the person.Illustration The identit

• § 375 — Right to be identified — exception for certain authorial works

  375. Section 371 does not apply in relation to the following authorial works:(a) a computer program; (b) any authorial work, if —(i) the work is made by the author in the course of his or her employment; and (ii) the author’s employer is the first owner of the copyright in the work; (c) any autho

• § 376 — Right to be identified — exception for certain permitted uses

  376. Section 371 does not apply —(a) where a person does an act that is a permitted use of an authorial work under any of the following provisions:(i) section 202 (examination purposes); (ii) section 265 (artistic works in public places); (iii) section 266 (incidental inclusion in film, television

• § 377 — Right to be identified — transitional exceptions

  377.—(1) The right in section 371 —(a) does not apply to an author who died before 21 November 2021; (b) does not, despite section 523, apply to a film that is treated as a dramatic work by that section; and (c) is not infringed by anything done or omitted to be done before 21 November 2021. (2)

• § 378 — Right against false identification

  378.—(1) The author (A) of an authorial work has the moral right to not have any other person (F) identified as the author of the work, and a person (X) infringes that right in the circumstances mentioned in subsections (2), (3) and (4).(2) X infringes the right in subsection (1) if —(a) X affixes o

• § 379 — Right not to be falsely identified as author of copy of artistic work

  379.—(1) The author of an artistic work has the moral right not to be identified as the author of a copy of the work that was not made by him or her.(2) A person infringes the right in subsection (1) if —(a) the person —(i) publishes a copy of the work as being made by the author; (ii) deals commer

• § 38 — What is a recording of a protected performance

  38.—(1) A “recording”, in relation to a protected performance, means a sound recording of the performance or a substantial part of the performance, and includes a copy of such a recording.(2) To avoid doubt, Subdivision (6) applies to recordings of protected performances as it applies to other sound

• § 380 — Right not to have altered copy represented as unaltered

  380.—(1) The author of an authorial work has the moral right not to have an altered copy of the work represented as being unaltered.(2) A person infringes the right in subsection (1) if —(a) the person —(i) publishes an altered copy of the work as being unaltered; (ii) deals commercially in an alte

• § 381 — Moral rights not infringed by acts, etc., outside Singapore

  381. Despite any provision of this Division, the moral rights of an author are not infringed by any act done outside Singapore or any omission in relation to an act done outside Singapore.

• § 382 — Consent and formal waiver

  382.—(1) Despite any provision of this Division, the moral rights of an author are not infringed by any act or omission to which the author consented (whether in writing or otherwise).(2) The moral rights of an author may be formally waived by the author. (3) A formal waiver is valid only if it is

• § 383 — Action for infringement of moral rights

  383. The author of an authorial work may bring an action in the Court against any person who infringes any of the author’s moral rights.

• § 384 — Limitation of action

  384. An action may not be brought in respect of an infringement of an author’s moral rights more than 6 years after the infringement takes place.

• § 385 — Remedies

  385.—(1) The remedies that the Court may grant for an infringement of moral rights include —(a) an injunction (which may be subject to terms); and (b) damages. (2) In deciding on the appropriate remedy, the Court must consider all relevant matters, including —(a) whether the defendant was aware, o

• § 386 — Moral rights not assignable

  386. An author’s moral rights are —(a) personal to him or her; and (b) not assignable.

• § 387 — Devolution on death

  387.—(1) When an author dies —(a) the author’s moral rights devolve to his or her personal legal representative; and (b) any damages recovered in an action under section 383 by the personal legal representative form part of the author’s estate. (2) To avoid doubt, any consent or waiver given by an

• § 388 — Other rights not affected

  388.—(1) Subject to this section, this Division does not affect any right of action or other remedy (whether civil or criminal) in proceedings brought otherwise than by virtue of this Division.(2) Any damages recovered in an action under section 383 must be considered in assessing damages in any oth

• § 389 — Interpretation of this Division

  389. In this Division —“moral right” means a right under this Division; “name” includes initials or a monogram.

• § 39 — Act done in relation to work, etc., includes act done in relation to substantial part thereof

  39.—(1) Doing an act in relation to a substantial part of a work is to be treated as doing an act in relation to the work.(2) This section does not affect the interpretation of any reference in sections 110 and 145 to the publication, or absence of publication, of a work. —(1) Doing an act in relat

• § 390 — Application of moral rights

  390. The moral rights in this Division apply only —(a) in relation to a performance that is a protected performance; (b) for the protection period of the performance; and (c) in relation to the whole or any substantial part of the performance.

• § 391 — Right to be identified

  391.—(1) Subject to the provisions of this Division, the performer of a protected performance has the moral right to be so identified, and that right is infringed if a person fails to identify the performer —(a) in the circumstances mentioned in section 392; or (b) in the manner required by section

• § 392 — Right to be identified — when should a performer be identified

  392. A person (X) must identify the performer of a protected performance —(a) if the performance is given in public and produced or put on by X; (b) if X communicates the performance live to the public; (c) whenever X makes available a recording of the performance to the public (on a network or ot

• § 393 — Right to be identified — how should a performer be identified

  393.—(1) Where a performer must be identified under this Division, he or she must be identified in accordance with this section.(2) The performer must be identified —(a) in the way that the performer wishes to be identified (for example, by the performer’s true name or by a stage name or pseudonym),

• § 394 — Right to be identified — exception where performer not known

  394.—(1) Section 391 does not require a person to identify the performer of a performance if, at or during the material time, the identity of the performer —(a) is not generally known; (b) is not known to the person; and (c) could not reasonably be ascertained by the person.Illustration The ident

• § 395 — Right to be identified — exception for certain performances

  395. Section 391 does not apply to the following performances:(a) a performance given for the purpose of advertising any goods or services; (b) any prescribed performance.

• § 396 — Right to be identified — exception for certain permitted uses

  396. Section 391 does not apply —(a) where a person does an act that is a permitted use of a performance under any of the following provisions:(i) section 202 (examination purposes); (ii) section 290 (judicial proceedings); (b) where a person does an act in relation to a performance that is a fair

• § 397 — Right to be identified — transitional exception

  397. Section 391 does not apply to a performance given before 21 November 2021.

• § 398 — Right against false identification

  398.—(1) The performer (P) of a performance has the moral right not to have any other person (F) identified as the performer of the performance, and a person (X) infringes that right in the circumstances mentioned in this section.(2) X infringes the right in subsection (1) if —(a) X affixes or inser

• § 399 — Right not to have altered recording represented as unaltered

  399.—(1) The performer of a performance has the moral right not to have an altered recording of the performance represented as being unaltered.(2) A person infringes the right in subsection (1) if —(a) the person —(i) publishes an altered recording of the performance as being unaltered; (ii) deals

• § 4 — Exclusion of non‑reciprocating countries from Act

  4.—(1) Subject to subsection (2), regulations may prescribe that —(a) a country is a non‑reciprocating country; and (b) either —(i) this Act does not apply in relation to the country or its nationals, whether generally or for specified classes of cases; or (ii) the application of this Act in relat

• § 40 — Act done in relation to protected performance, etc., includes act done in relation to substantial part thereof

  40.—(1) Doing an act in relation to a substantial part of a protected performance is to be treated as doing an act in relation to the performance.(2) Doing an act in relation to a recording of a substantial part of a protected performance is to be treated as doing an act in relation to a recording o

• § 400 — Moral rights not infringed by acts, etc., outside Singapore

  400. Despite any provision of this Division, the moral rights of a performer are not infringed by any act done outside Singapore or any omission in relation to an act done outside Singapore.

• § 401 — Consent and formal waiver

  401.—(1) Despite any provision of this Division, the moral rights of a performer are not infringed by any act or omission to which the performer consented (whether in writing or otherwise).(2) The moral rights of a performer may be formally waived by the performer. (3) A formal waiver is valid only

• § 402 — Action for infringement of moral rights

  402. The performer of a performance may bring an action in the Court against any person who infringes any of the performer’s moral rights.

• § 403 — Limitation of action

  403. An action may not be brought in respect of an infringement of a performer’s moral rights more than 6 years after the infringement takes place.

• § 404 — Remedies

  404.—(1) The remedies that the Court may grant for an infringement of moral rights include —(a) an injunction (which may be subject to terms); and (b) damages. (2) In deciding on the appropriate remedy, the Court must consider all relevant matters, including —(a) whether the defendant was aware, o

• § 405 — Moral rights not assignable

  405. A performer’s moral rights are —(a) personal to him or her; and (b) not assignable.

• § 406 — Devolution on death

  406.—(1) When a performer dies —(a) the performer’s moral rights devolve to his or her personal legal representative; and (b) any damages recovered in an action under section 402 by the personal legal representative form part of the performer’s estate. (2) To avoid doubt, any consent or waiver giv

• § 407 — Other rights not affected

  407.—(1) Subject to this section, this Division does not affect any right of action or other remedy (whether civil or criminal) in proceedings brought otherwise than by virtue of this Division.(2) Any damages recovered in an action under section 402 must be considered in assessing damages in any oth

• § 408 — Interpretation of this Division

  408. In this Division —“protected copy” means —(a) a copyright work or a copy of the work; or (b) a recording of a protected performance; “rights owner”, in relation to a copyright, includes any exclusive licensee of the copyright.

• § 409 — Interpretation: what is rights management information

  409. In this Division, “rights management information”, in relation to a protected copy —(a) means any of the following:(i) information that identifies the copyright work or protected performance; (ii) information that identifies —(A) if the protected copy is an authorial work — the copyright owner

• § 41 — What is a copy of an authorial work

  41.—(1) A “copy” of an authorial work is a reproduction of the work in any material form.(2) Without limiting subsection (1), an authorial work is reproduced in a material form if —(a) it is stored —(i) in a computer; (ii) on any medium by electronic means; or (iii) on any other medium from which

• § 410 — Application

  410.—(1) This Division applies where rights management information in an electronic form —(a) is attached to or embodied in a protected copy; or (b) appears in connection with the communication or making available to the public of any protected copy. (2) This Division does not apply to anything do

• § 411 — Prohibition on removing or altering rights management information

  411. A person infringes this section if the person —(a) knowingly removes or alters any rights management information relating to a protected copy; (b) does so without the rights owner’s authority; and (c) knows or ought reasonably to know that the removal or alteration of the rights management in

• § 412 — Prohibition on dealing with altered rights management information

  412. A person infringes this section if the person —(a) distributes, or imports for distribution, any rights management information that —(i) relates to a protected copy; and (ii) has been altered without the rights owner’s authority; (b) does so without the rights owner’s authority; (c) does so

• § 413 — Prohibition on dealing with protected copies after rights management information altered or removed

  413. A person infringes this section if —(a) the rights management information relating to protected copies has been removed or altered without the rights owner’s authority; (b) the person —(i) distributes those copies; (ii) imports those copies for distribution; (iii) communicates those copies t

• § 414 — Action for infringement

  414. The rights owner of a protected copy may bring an action in the Court against any person who infringes any provision of this Division in relation to the protected copy.

• § 415 — Limitation of action

  415. An action may not be brought in respect of an infringement of any provision of this Division more than 6 years after the infringement takes place.

• § 416 — Remedies

  416.—(1) Subject to this section, the remedies that the Court may grant for an infringement of any provision of this Division include —(a) an injunction (which may be subject to terms); (b) damages; (c) an account of profits; (d) if the claimant so elects, statutory damages; and (e) an order tha

• § 417 — Offence

  417.—(1) Subject to this section, a person commits an offence if the person —(a) wilfully infringes a provision of this Division; and (b) does so to obtain a commercial advantage or private financial gain. (2) Subsection (1) does not apply to any act done by or on behalf of —(a) a non‑profit libra

• § 418 — Power to deal with protected copies, etc., in proceedings under section 417

  418.—(1) This section applies where —(a) a person is charged for an offence under section 417 in a court (whether or not the person is convicted); and (b) there is before the court or in the person’s possession an article that appears to be —(i) a protected copy from which the rights management inf

• § 419 — Powers of entry, search and seizure

  419.—(1) Information may be given on oath to a court that there is reasonable cause to suspect that an article or a document —(a) is located at any premises; and (b) is evidence that an offence under section 417 has been committed. (2) If information is given under subsection (1), the court may is

• § 42 — What is a copy of a published edition of an authorial work

  42. A “copy” of a published edition of an authorial work is a reproduction of the edition (whether made by a photographic process or otherwise) in any material form.

• § 420 — Disposal of seized evidence

  420.—(1) This section applies where —(a) an article or a document is seized under section 419; and (b) either —(i) no proceedings are brought for an offence under section 417 within 6 months of the seizure; or (ii) in the case of a seized article — proceedings are brought for an offence under sect

• § 421 — Other rights not affected

  421. This Division does not affect any provision of this Act providing for —(a) any copyright in a work; (b) any other right in relation to a performance or a recording of the performance; (c) any limitation on the rights in paragraph (a) or (b); or (d) any defence to an action for a rights infri

• § 422 — Interpretation of this Division

  422. In this Division —“access control measure” has the meaning given by section 423; “circumvent” means to avoid, bypass, remove, deactivate, descramble (where the copy is scrambled), decrypt (where the copy is encrypted) or otherwise impair; “deal”, except in section 435(2), means —(a) in relati

• § 423 — Interpretation: what are technological measures, access control measures and protection measures

  423. In this Division —“access control measure”, in relation to a protected copy —(a) means any technology, device or component that, in the normal course of its operation, effectively controls access to a protected copy; but (b) does not include any prescribed technology, device or component; “pr

• § 424 — Application

  424.—(1) This Division applies in relation to protected copies.(2) This Division does not apply to anything done in relation to a protected copy after the expiry of the relevant copyright or protection period, as the case may be. (3) This Division does not prohibit a person from importing or sellin

• § 425 — Prohibition on circumventing access control measure

  425.—(1) Subject to the provisions of this Division, a person infringes this section if the person circumvents an access control measure.(2) For the purposes of this Division, a person circumvents an access control measure if —(a) the access control measure is applied —(i) to a protected copy; (ii)

• § 426 — Prohibition on dealing in circumventing devices

  426.—(1) Subject to the provisions of this Division, a person infringes this section if the person deals (wilfully or otherwise) in a circumventing device.(2) For the purposes of this Division, a person (X) deals in a circumventing device if —(a) a technological measure is applied —(i) to a protecte

• § 427 — Prohibition on dealing in circumventing services

  427.—(1) Subject to the provisions of this Division, a person infringes this section if the person deals (wilfully or otherwise) in a circumventing service.(2) For the purposes of this Division, a person (X) deals in a circumventing service if —(a) a technological measure is applied —(i) to a protec

• § 428 — Exception — access by non‑profit library, etc., for purpose of acquisition

  428. A person may circumvent an access control measure by doing an act in relation to a protected copy if —(a) the act is done to enable any of the following organisations to access the underlying work or recording of a performance:(i) a non‑profit library or archive; (ii) an educational institutio

• § 429 — Exception — protecting personal information of network user

  429. A person may circumvent an access control measure by doing an act in relation to a protected copy if —(a) the access control measure is capable of collecting or disseminating information about the identity of a user of a network and the manner of his or her use; (b) there is no conspicuous not

• § 43 — What is a reasonable portion when copying a published edition of a literary, dramatic or musical work

  43.—(1) In the following cases, a copy of a literary, dramatic or musical work contained in a published edition of the work is taken to contain only a reasonable portion of the work for the purposes of this Act:(a) where the edition has 10 or more pages —(i) only 10% or less of the number of pages i

• § 430 — Exception — achieving interoperability between computer programs

  430.—(1) A person may circumvent a technological measure by doing an act in relation to a protected copy that is a computer program if —(a) the protected copy is not an infringing copy; (b) the act is done —(i) in good faith; (ii) with respect to particular elements of the computer program that ar

• § 431 — Exception — research on encryption technology

  431.—(1) A person may circumvent an access control measure by doing an act in relation to a protected copy if —(a) the act is done in the course of research on any encryption technology and is needed to conduct that research; (b) the person —(i) is engaged in a legitimate course of study in the fie

• § 432 — Exception — preventing minor access to online material

  432.—(1) A person may circumvent an access control measure by doing an act if —(a) the act consists of including a component or part in any technology, product or device for the sole purpose of preventing access by minors to any online material; and (b) the technology, product or device —(i) is not

• § 433 — Exception — testing of security flaws, etc., of computer

  433.—(1) A person may circumvent an access control measure by doing an act in relation to a protected copy if —(a) the act is done for the sole purpose of testing, investigating or correcting a security flaw or vulnerability of a computer; (b) the act is done in good faith; (c) the act is done by

• § 434 — Exception — law enforcement, national defence, etc.

  434. The Government, or a person authorised by the Government, may for the purpose of law enforcement, intelligence, national defence or essential security, or for any other similar purpose —(a) circumvent an access control measure; or (b) deal in a circumventing device or service.

• § 435 — Exception — prescribed exceptions

  435.—(1) A person may circumvent an access control measure if a prescribed exception applies.(2) An exception may be prescribed if —(a) the Minister is satisfied that the prohibition on circumventing access control measures has or is likely to impair or adversely affect a dealing in relation to a co

• § 436 — Action for infringement

  436. The rights owner of a protected copy may bring an action in the Court against any person who infringes a provision of this Division in relation to the protected copy.

• § 437 — Limitation of action

  437. An action may not be brought against an infringement of a provision of this Division under section 436 more than 6 years after the infringement takes place.

• § 438 — Remedies

  438.—(1) Subject to this section, the remedies that the Court may grant for an infringement of a provision of this Division include —(a) an injunction (which may be subject to terms); (b) either —(i) damages; or (ii) if the claimant so elects, statutory damages; and (c) an order that an offending

• § 439 — Offence

  439.—(1) Subject to this section, a person commits an offence if —(a) the person —(i) wilfully circumvents an access control measure; or (ii) wilfully deals in a circumventing device or service; (b) the person does so to obtain a commercial advantage or private financial gain; and (c) the circumv

• § 44 — What is a copy of a sound recording

  44. A “copy” of a sound recording is a record —(a) embodying a sound recording or a substantial part of a sound recording; and (b) derived, directly or indirectly, from a record produced upon the making of a sound recording.

• § 440 — Power to deal with protected copies, etc., in proceedings under section 439

  440.—(1) This section applies where —(a) a person is charged for an offence under section 439 in a court (whether or not the person is convicted); and (b) there is before the court or in the person’s possession an article that appears to be mainly used for circumventing technological measures appli

• § 441 — Powers of entry, search and seizure

  441.—(1) Information may be given on oath to a court that there is reasonable cause to suspect that an article or a document —(a) is located at any premises; and (b) is evidence that an offence under section 439 has been committed. (2) If information is given under subsection (1), the court may is

• § 442 — Disposal of seized evidence

  442.—(1) This section applies where —(a) an article or a document is seized under section 441; and (b) either —(i) no proceedings are brought for an offence under section 439 within 6 months of the seizure; or (ii) in the case of a seized article — proceedings are brought for an offence under sect

• § 443 — Other rights not affected

  443. This Division does not affect any provision of this Act providing for —(a) any copyright in a work; (b) any other right in relation to a performance or a recording of the performance; (c) any limitation on the rights in paragraph (a) or (b); or (d) any defence to an action for a rights infri

• § 444 — Commercial dealings, etc., in infringing copies

  444.—(1) A person commits an offence if —(a) at any time when copyright subsists in a work, the person does any of the following acts:(i) makes an article for sale or hire; (ii) deals commercially in an article; (iii) imports an article for the purpose of commercial dealing; (iv) possesses an art

• § 445 — Infringement for commercial advantage, etc.

  445. A person commits an offence if the person —(a) wilfully commits a rights infringement for commercial advantage; or (b) commits a copyright infringement under section 150.

• § 446 — Making or possessing article capable of making infringing copies

  446.—(1) A person commits an offence if —(a) at any time when copyright subsists in a work, the person makes or possesses an article specifically designed or adapted for making infringing copies of the work; and (b) the person knows or ought reasonably to know that the article is to be used to make

• § 447 — Punishment

  447.—(1) A person convicted of an offence under section 444 shall be liable —(a) in the case of an individual —(i) to a fine not exceeding the higher of the following:(A) $100,000; (B) $10,000 for each article in respect of which the offence is committed; (ii) to imprisonment for a term not exceed

• § 448 — Distribution, etc., of infringing copies of works

  448. A person commits an offence if —(a) at any time when copyright subsists in a work, the person does any of the following acts:(i) distributes an article —(A) other than for the purposes of trade; and (B) to an extent that will prejudicially affect the copyright owner; (ii) imports an article f

• § 449 — Wilful and significant rights infringement

  449.—(1) A person commits an offence if —(a) the person wilfully commits a rights infringement; and (b) the extent of the infringement is significant. (2) All relevant matters must be considered in deciding whether the extent of a rights infringement is significant for the purposes of subsection (

• § 45 — What is a copy of a film

  45. A “copy” of a film is any article or thing in which the visual images or sounds comprising the film are embodied.

• § 450 — Causing certain works or performances to be performed, seen or heard in public for private profit

  450.—(1) A person commits an offence if —(a) the person does any of the following acts:(i) causes a literary, dramatic or musical work to be performed in public; (ii) causes the visual images of a film to be seen in public or any sounds of the film to be heard in public (or both); (b) the act is d

• § 451 — Advertisement for supply of infringing copies of works

  451.—(1) Subject to subsection (2), a person commits an offence if —(a) the person publishes, or causes to be published, an advertisement in Singapore; and (b) the advertisement is for the supply in Singapore (whether from within or outside Singapore) of an infringing copy of a work. (2) It is a d

• § 452 — Punishment

  452.—(1) A person convicted of an offence under section 448 shall be liable —(a) in the case of an individual —(i) to a fine not exceeding the higher of the following:(A) $20,000; (B) $2,000 for each article in respect of which the offence is committed; (ii) to imprisonment for a term not exceedin

• § 453 — Presumption where person possesses 5 or more infringing copies

  453.—(1) This section applies to all offences in this Part except offences under section 445(a) or 449.(2) Unless the contrary is proved, a person who possesses 5 or more infringing copies is presumed to possess those copies —(a) other than for private and domestic use; or (b) for the purpose of sa

• § 454 — Proof of subsistence of copyright and protection of performance, etc., by affidavit

  454.—(1) This section applies to proceedings for an offence under this Part.(2) An affidavit may be made stating that —(a) at a specified time, copyright subsists in a work or a performance is a protected performance; (b) the deponent is the rights owner or is making the affidavit on behalf of the

• § 455 — Power to deal with infringing copies, etc., in proceedings under this Part

  455.—(1) This section applies where —(a) a person is charged for an offence under this Part in a court (whether or not the person is convicted); and (b) any of the following items is before the court or in the person’s possession:(i) any infringing copy; (ii) any article that has been used to make

• § 456 — Powers of entry, search and seizure

  456.—(1) Information may be given on oath to a court that there is reasonable cause to suspect that an article or a document is —(a) located at any premises; and (b) evidence that an offence under this Part has been committed. (2) If information is given under subsection (1), the court may issue a

• § 457 — Disposal of seized evidence

  457.—(1) This section applies where —(a) an article or a document is seized under section 456; and (b) either —(i) no proceedings are brought for an offence under this Part within 6 months of the seizure; or (ii) in the case of a seized article — proceedings are brought for an offence under this P

• § 458 — Interpretation of this Part

  458. In this Part, unless the context otherwise requires —“cessation order” means a cessation order under section 465; “class licence” —(a) means a class licence established under section 462; and (b) in relation to a CMO, means a licence applicable to the CMO; “class licence condition” means a c

• § 459 — Interpretation: what is a collective management organisation (CMO) and who are its members; what is a tariff scheme

  459.—(1) In this Part, a person (X) is a “collective management organisation” or “CMO” if —(a) X is in the business of collectively managing the use of copyright works or protected performances (or both), including —(i) negotiating the terms of use; (ii) granting permission for the use; (iii) admi

• § 46 — What is a copy of a television broadcast

  46.—(1) A “copy” of a television broadcast is —(a) insofar as the broadcast consists of visual images — a film of the broadcast, and includes a copy of such a film; and (b) insofar as the broadcast consists of sounds — a sound recording of the broadcast, and includes a copy of such a recording. (2

• § 460 — Purpose of this Part

  460. The purpose of this Part is to —(a) regulate CMOs under a class licensing scheme administered by IPOS; and (b) confer on Copyright Tribunals powers over the circumstances in which, and the terms on which, CMOs grant permission to use copyrighted works and protected performances.

• § 461 — CMOs must be licensed

  461.—(1) It is an offence for a person to carry on business as a CMO —(a) without a class licence; or (b) while under a cessation order. (2) A person who commits an offence under subsection (1) shall be liable on conviction to a fine not exceeding $50,000 or to imprisonment for a term not exceedin

• § 462 — Class licences

  462.—(1) The Minister may, by regulations —(a) establish one or more class licences (whether for all CMOs or for different classes of CMOs); (b) prescribe, change, add to or revoke class licence conditions; and (c) end a class licence. (2) Without limiting subsection (1)(b), class licence conditi

• § 463 — Financial penalty for non‑compliance with class licence conditions

  463.—(1) If IPOS finds that a licensed CMO has contravened any of its class licence conditions, IPOS may, by written notice, impose —(a) a financial penalty not exceeding $20,000 on the CMO; and (b) a financial penalty not exceeding $20,000 on each officer of the CMO that IPOS considers to be respo

• § 464 — Regulatory directions to CMOs and their officers

  464.—(1) Subject to subsection (3), IPOS may, by written notice, give directions to a CMO or any officer of a CMO for any of the following purposes:(a) to obtain information about the CMO and its business as a CMO, for the purpose of regulating CMOs in general; (b) to secure the CMO’s compliance wi

• § 465 — Cessation order

  465.—(1) IPOS may, by written notice, order a CMO to cease its business as a CMO indefinitely or for a specified period if —(a) the CMO fails to comply with —(i) a class licence condition; or (ii) a regulatory direction given to it; (b) an officer of the CMO fails to comply with a regulatory direc

• § 466 — Reconsideration of decisions

  466.—(1) This section applies where IPOS —(a) imposes a financial penalty on a person; (b) makes a cessation order against a person; or (c) gives a regulatory direction to a person. (2) The person may apply to IPOS, within the prescribed time and in the prescribed manner, for IPOS to reconsider i

• § 467 — Appeal

  467.—(1) This section applies where IPOS, after reconsideration under section 466 —(a) confirms or varies a financial penalty imposed on a person; (b) confirms or varies a cessation order made against a person; or (c) confirms or varies a regulatory direction given to a person to turn over the con

• § 468 — Interpretation: who is an intending user of a tariff scheme

  468. In this Division, an “intending user”, in relation to a tariff scheme —(a) is a person who requires permission in a case falling under a class of cases to which the tariff scheme applies; and (b) includes a person who has been granted permission under the tariff scheme, but who requires furthe

• § 469 — Interpretation: when does a tariff scheme apply or not apply to a case

  469. For the purposes of this Division, a tariff scheme (being a scheme that is in force) is taken —(a) subject to paragraph (b), as applying to a case if permission would be granted in that case under the terms of the tariff scheme; and (b) as not applying to a case if —(i) the permission granted

• § 47 — What is a copy of a sound broadcast

  47. A “copy” of a sound broadcast is a sound recording of the broadcast, and includes a copy of such a recording.

• § 470 — Review of proposed tariff scheme

  470.—(1) A CMO may refer a tariff scheme formulated by it to a Copyright Tribunal before bringing the scheme into force.(2) The Tribunal must, after reviewing the tariff scheme and having regard to what is reasonable in the circumstances —(a) make an order to confirm or vary the tariff scheme (inclu

• § 471 — Review of in‑force tariff scheme

  471.—(1) This section applies where —(a) a tariff scheme is in force; and (b) there is a dispute about the terms of the tariff scheme between the CMO that formulated the tariff scheme and —(i) an intending user of the tariff scheme; or (ii) an organisation that is representative of intending users

• § 472 — Review after order made under section 470 or 471, etc.

  472.—(1) This section applies where an order (called in this section the existing order) has been made under section 470 or 471, or under subsection (6)(b), in respect of a tariff scheme.(2) Subject to subsections (3) and (4), the following persons may refer the tariff scheme to a Copyright Tribunal

• § 473 — Effect where tariff scheme remains in force pending reference or after Tribunal order

  473.—(1) This section applies where a tariff scheme remains in force —(a) under section 471(7) or 472(9) while a reference is pending; or (b) under an order of a Copyright Tribunal made under section 470(2), 471(4) or 472(6). (2) While the tariff scheme remains in force, a person is deemed to have

• § 474 — Application to Tribunal for permission to be granted on reasonable terms

  474.—(1) The following persons or organisations may make an application against a CMO to a Copyright Tribunal:(a) a person (X) who claims, in a case to which a tariff scheme applies, that —(i) the CMO operating the tariff scheme has refused to grant X (or procure the grant to X of) permission in acc

• § 475 — Orders not to contradict regulatory directions or class licence conditions

  475.—(1) Despite any contrary provision in this Division, a Copyright Tribunal may not order a CMO to do anything that contravenes any class licence condition or regulatory direction applicable to the CMO.(2) Without limiting section 494 (reference of question of law), the question whether an order

• § 476 — CMO may apply to Tribunal on behalf of rights owners

  476.—(1) A CMO that manages the use of a work or protected performance on behalf of the rights owner may make an application to a Tribunal under this Act on behalf of the rights owner.(2) A CMO may make a single application under subsection (1) on behalf of 2 or more rights owners. —(1) A CMO that

• § 477 — Interpretation of this Part

  477. In this Part, unless the context otherwise requires —“case”, in relation to a Tribunal, means a proceeding other than an inquiry; “inquiry” means an inquiry under section 262(2); “member”, in relation to a Tribunal, means the members of the Tribunal as constituted under section 486, or recons

• § 478 — Agreements or awards not affected

  478. This Part does not affect the operation of any agreement or of any award made by an arbitrator (whether the agreement or award is made before, on or after 21 November 2021).

• § 479 — Establishment of Tribunals

  479. There is to be one or more Copyright Tribunals for the purposes of this Act.

• § 48 — What is a copy of a cable programme

  48.—(1) A “copy” of a cable programme is —(a) insofar as the programme consists of visual images — a film of the programme, and includes a copy of such a film; and (b) insofar as the programme consists of sounds — a sound recording of the programme, and includes a copy of such a recording. (2) For

• § 480 — Appointment of president, deputy presidents and panel

  480.—(1) The Minister is to appoint —(a) a president of the Tribunals; (b) not more than 2 deputy presidents of the Tribunals; and (c) not more than 15 persons to be members of a panel. (2) The president must be a person who is, or is qualified to be appointed as, a District Judge. (3) A deputy

• § 481 — Appointment of secretary and other officers

  481. The Minister may appoint —(a) a secretary to the Tribunals; and (b) other officers of the Tribunals.

• § 482 — Remuneration, allowances and expenses

  482.—(1) The Minister may determine that a person (other than a public officer) who sits as a member of a Tribunal is to be paid a remuneration (whether by way of salary or fees) and allowances.(2) The remuneration and allowances in subsection (1), and the expenses of the Tribunals as determined by

• § 483 — Protection of members

  483. A member of a Tribunal has, in the performance of his or her duty as a member, the same protection that a District Judge has under the State Courts Act 1970.

• § 484 — Members and officers deemed to be public servants

  484. Every member of a Tribunal and every officer of the Tribunals are deemed to be public servants within the meaning of the Penal Code 1871.

• § 485 — Functions of Tribunals

  485. It is the function of the Copyright Tribunals to, in accordance with this Act —(a) decide the amount of equitable remuneration payable under the provisions of this Act; (b) hear and determine an application for a suspension order under section 199; (c) hold inquiries under section 262; (d) d

• § 486 — Constitution of Tribunals

  486. Subject to this Act, a Tribunal is constituted by —(a) the president, or a deputy president designated by the president, who is to be the presiding member; and (b) 2 other members selected by the president from the panel.

• § 487 — Reconstitution of Tribunal if member unable to continue

  487.—(1) This section applies where any member of a Tribunal (called in this section the former member) is unable to continue taking part in a proceeding because of illness, absence or any other cause.(2) If the former member is the president, the Tribunal is to be reconstituted with a new president

• § 488 — Sittings

  488. A Tribunal is to sit at the times and places decided by the presiding member.

• § 489 — Proceedings to be in public

  489.—(1) Subject to subsection (2), the proceedings of a Tribunal are to be held in public.(2) If a Tribunal considers that there is sufficient reason to do so, the Tribunal may —(a) direct that —(i) a proceeding before the Tribunal is to be held in private; (ii) only specified individuals may be a

• § 49 — Copy of work includes copy of substantial part

  49. A copy of a substantial part of a work is to be treated as a copy of the work.

• § 490 — Decisions how made

  490.—(1) A decision of a Tribunal is to be made in accordance with the opinion of the majority of its members.(2) Subsection (1) does not apply to any matter that the presiding member may decide alone. —(1) A decision of a Tribunal is to be made in accordance with the opinion of the majority of its

• § 491 — Evidence

  491.—(1) A Tribunal is not bound by the Evidence Act 1893 or any other rule of evidence.(2) A Tribunal may —(a) take evidence on oath and for that purpose administer an oath; (b) take evidence orally or in writing; (c) allow or appoint expert witnesses to assist the Tribunal; or (d) summon a pers

• § 492 — Provisions on inquiries

  492.—(1) After a Tribunal completes an inquiry, it must submit a report to the Minister setting out —(a) the findings and recommendations required by its terms of reference; and (b) any other matter that the Tribunal considers to be relevant to its terms of reference. (2) A Tribunal may submit an

• § 493 — Orders of Tribunal

  493.—(1) A Tribunal may make an interim order in a case before making its final decision on the case.(2) After a Tribunal makes an order, it may —(a) at any time, correct any clerical error in the order; and (b) within 7 working days after the order is delivered, correct any other error in the orde

• § 494 — Reference of question of law arising in case to Court

  494.—(1) A Tribunal may, in accordance with this section, refer a question of law arising in any case before the Tribunal for the opinion of the Court.[Act 22 of 2021 wef 01/04/2022] (2) A reference is to be made by way of a case stated. (3) A reference —(a) may be made by the Tribunal on its own m

• § 495 — Representation

  495. In any proceeding before a Tribunal —(a) any party may be represented by an advocate; (b) an individual who is a party may appear in person; and (c) a party that is not an individual may be represented by a prescribed person, but only if permission is granted by the Tribunal.

• § 496 — Costs

  496. A Tribunal may make any order as to, or relating to, the costs of any proceeding.

• § 497 — Regulations on procedure

  497. Regulations may prescribe the practice and procedure to be followed in the Tribunals, including —(a) the persons who may bring proceedings before a Tribunal; (b) the manner in which, and the time within which, a proceeding is to be brought; (c) the parties to a proceeding before a Tribunal (i

• § 498 — Other provisions on procedure

  498.—(1) A Tribunal is to conduct proceedings with as little formality, and with as much expedition, as the requirements of this Act and a proper consideration of the matters before the Tribunal permit.(2) Subject to this Act, a Tribunal may regulate its own procedure. —(1) A Tribunal is to conduct

• § 499 — Groundless threats of legal proceedings for copyright infringement

  499.—(1) This section applies where a person (X) threatens another person (Y) with any proceedings in respect of an infringement of copyright.(2) Y or any aggrieved person may bring an action in the Court against X. (3) In an action under subsection (2), the claimant may —(a) obtain a declaration t

• § 5 — Saving for other laws

  5.—(1) Unless it expressly provides otherwise, this Act does not affect any right or privilege of any person (including the Government) under any other written law.(2) This Act does not affect the operation of the law relating to breaches of trust or confidence. —(1) Unless it expressly provides ot

• § 50 — Copy of work includes temporary or incidental copy

  50.—(1) Making a copy of a work that is temporary or is incidental to some other use of the work is to be treated as making a copy of the work.(2) To avoid doubt, this section applies in relation to an adaptation of a literary, dramatic or musical work as it applies in relation to an authorial work.

• § 500 — Offences by bodies corporate, etc.

  500.—(1) Where an offence under this Act committed by a body corporate is proved —(a) to have been committed with the consent or connivance of an officer of the body corporate; or (b) to be attributable to any neglect on his or her part, the officer as well as the body corporate shall be guilty of

• § 501 — Jurisdiction of courts

  501.—(1) Despite the Criminal Procedure Code 2010, a District Court or a Magistrate’s Court has jurisdiction to try any offence under this Act or the 1987 Act and has power to impose the full punishment for any such offence.(2) Subject to subsection (1), the General Division of the High Court is the

• § 502 — Application of Government Proceedings Act 1956

  502. To avoid doubt, it is declared that section 12 of the Government Proceedings Act 1956 (which relates to infringements of industrial property by employees or agents of the Government) applies to copyright under this Act.

• § 503 — Application of Electronic Transactions Act 2010

  503. To avoid doubt, section 26(1) of the Electronic Transactions Act 2010 (which relates to the limitation of liability against network service providers) applies in relation to any civil or criminal liability under this Act other than liability in respect of a rights infringement.

• § 504 — Immunity of officers and employees of Government and IPOS

  504. No liability shall lie against any officer or employee of the Government or of IPOS for anything done or omitted to be done —(a) in good faith and with reasonable care; and (b) in the exercise or purported exercise of any power, duty or function under this Act.

• § 505 — Regulations

  505.—(1) The Minister may make regulations —(a) to prescribe anything that is required or permitted to be prescribed by this Act; and (b) generally for the purposes of this Act. (2) Without limiting subsection (1), regulations may provide for —(a) the keeping and retention of records and declarati

• § 506 — Repeal of Copyright Act

  506.—(1) The Copyright Act (Cap. 63, 2006 Revised Edition) is repealed.(2) To avoid doubt, section 16 of the Interpretation Act 1965 applies in relation to the repeal of the Copyright Act (Cap. 63, 2006 Revised Edition). —(1) The Copyright Act (Cap. 63, 2006 Revised Edition) is repealed. (2) To avo

• § 507 — Related and consequential amendments, etc.

  507.—(1) (2) (3) (4) The Intellectual Property Office of Singapore Act (Cap. 140, 2002 Ed.) is amended —(a) (b) (c) by inserting, immediately after item 4 in the Third Schedule, the following item:“5. Part 9, Division 2 of the Copyright Act 2021.”. (5) (6) (7) (8) (9) (10) The Copyright Ac

• § 508 — References in laws and documents to predecessor Acts and copyright thereunder

  508.—(1) Without affecting the other provisions of this Part —(a) a reference in any law or document to a provision of a predecessor Act is to be read as a reference (or as including a reference) to the corresponding provision of this Act; (b) if, apart from this Act, a reference in any law or docu

• § 509 — Interpretation of this Division and Division 3

  509.—(1) Wherever it is expressly so provided in this Division and Division 3 —“deliver”, in relation to a lecture, includes deliver by means of a mechanical instrument; “dramatic work” includes —(a) a piece for recitation; (b) a choreographic work or an entertainment in dumb show the scenic arran

• § 51 — What is a copy of a recording of a protected performance

  51. A “copy” of a recording of a protected performance is a record —(a) embodying a recording of the performance or a substantial part of the performance; and (b) derived, directly or indirectly, from a record produced upon the making of a recording of the performance or a substantial part of the p

• § 510 — What is a substituted right

  510. In this Division, “substituted right” means a right conferred by section 24 of the 1911 Act in place of a right subsisting immediately before 1 July 1912.

• § 511 — No copyright in authorial works made before 1 July 1912 unless there is substituted right

  511. Despite sections 516 and 517, sections 109 and 110 (copyright in authorial works) do not confer any copyright on an authorial work made before 1 July 1912 unless a substituted right subsisted in the work immediately before 10 April 1987.

• § 512 — Scope of copyright in dramatic or musical works made before 1 July 1912 depends on scope of substituted right

  512.—(1) Where a substituted right in relation to a dramatic or musical work made before 1 July 1912 did not include the sole right to perform the work in public, any copyright subsisting in the work under this Act does not include performing rights.(2) Where a substituted right in relation to a dra

• § 513 — Copyright in contributions to periodicals made before 1 July 1912 subject to author’s right to publish in separate form

  513.—(1) This section applies where —(a) an authorial work made before 1 July 1912 consists of an essay, article or item that is part of, and first published in —(i) a review, magazine or other periodical; or (ii) a similar work; and (b) immediately before 10 April 1987, the author of the authoria

• § 514 — Assignments and grants made before 1 July 1912

  514.—(1) This section applies where —(a) under this Act, copyright subsists in an authorial work made before 1 July 1912; and (b) the author of the work had, before 1 July 1912, made an assignment, or a grant, of a kind mentioned in paragraph (a) of the proviso to section 24(1) of the 1911 Act (cal

• § 515 — Authorial works first published before 10 April 1987 — no revival of copyright expiring before 10 April 1987

  515.—(1) This section applies to an authorial work —(a) first published before 10 April 1987; but (b) made on or after 1 July 1912. (2) Division 2 of Part 3 does not confer any copyright on the work unless copyright subsisted in the work under the 1911 Act immediately before 10 April 1987. —(1) T

• § 516 — Authorial works made before 10 April 1987 — modifications to section 109

  516.—(1) In relation to an authorial work made before 10 April 1987, a reference in section 109 (copyright in unpublished authorial works) to a qualified individual includes a reference to —(a) a British subject; and (b) a person domiciled in a country to which the 1911 Act extended. (2) This sect

• § 517 — Authorial works first published before 10 April 1987 — modifications to section 110

  517.—(1) In relation to an authorial work first published before 10 April 1987 —(a) a reference to Singapore in section 110 (copyright in published authorial works) includes a reference to a country to which the 1911 Act extended; and (b) section 110(1)(a)(i) and (2)(b)(i) does not apply. (2) This

• § 518 — Photographs taken before 10 April 1987 — who is the author

  518. For the purposes of this Act, the author of a photograph taken before 10 April 1987 is the person who, when the photograph was taken, owned the material on which the photograph was taken.

• § 519 — Photographs taken before 10 April 1987 — duration of copyright

  519.—(1) This section applies to a photograph taken before 10 April 1987.(2) Sections 114 and 115 (duration of copyright in authorial works) do not apply to the photograph. (3) Subject to any earlier expiration under section 110(1) as modified by sections 516 and 517, any copyright in the photograp

• § 52 — Copy of recording of protected performance work includes temporary or incidental copy

  52. Making a copy of a recording of a protected performance that is temporary or is incidental to some other use of the recording is to be treated as making a copy of the recording.

• § 520 — Artistic works made before 10 April 1987 — no copyright if work is registrable design

  520. This Act does not confer any copyright on an artistic work made before 10 April 1987 if the work, when it was made —(a) was a design capable of being registered under the Patents and Designs Act 1907 of the United Kingdom (U.K. 1907, c. 29); and (b) was used, or intended to be used, as a model

• § 521 — Sound recordings made or first published before 10 April 1987 — modifications to section 120

  521. In relation to a sound recording made before 10 April 1987, a reference in section 120(a) (copyright in sound recordings) to a qualified individual includes a reference to —(a) a reference in section 120(a) (copyright in sound recordings) to a qualified individual includes a reference to —(i) a

• § 522 — Sound recordings made before 10 April 1987 — duration of copyright

  522.—(1) This section applies where —(a) a sound recording was made before 10 April 1987; and (b) copyright subsists in a sound recording by virtue of section 120 (copyright in sound recordings) as modified by section 521. (2) Section 122 (duration of copyright in sound recordings) does not apply.

• § 523 — Films made before 10 April 1987 — treatment

  523.—(1) This section applies to a film that was made before 10 April 1987.(2) If the film is a dramatic work as defined by section 509(1) —(a) the film is to be treated as an original dramatic work for the purposes of this Act; and (b) the author of the film (as a dramatic work) is the person who

• § 524 — Assignments and licences made before 10 April 1987 in relation to authorial works, sound recordings and films to have similar effect

  524.—(1) This section applies where —(a) under this Act, copyright subsists in a work, being —(i) an authorial work; (ii) a sound recording; or (iii) a film; (b) a document was made, or an event occurred, before 10 April 1987; and (c) the document or event —(i) affected the ownership of the copy

• § 525 — Authorial works made before 10 April 1987 — copyright reverts to author’s estate 25 years after death

  525.—(1) Subject to subsection (5), this section applies where —(a) an authorial work was made before 10 April 1987; and (b) the author was the first owner of the copyright in the work under this Act. (2) If —(a) the author assigned, or granted an interest in, the copyright; and (b) the assignmen

• § 526 — Bequests by author who died before 10 April 1987

  526.—(1) Subsection (2) applies where —(a) the author of an authorial work has died before 10 April 1987; (b) a person has acquired, under the author’s will, the ownership of a manuscript of the work; and (c) the work —(i) has not been published; (ii) in the case of a dramatic or musical work — h

• § 527 — Reproduction of authorial work published before 10 April 1987 upon payment of royalties

  527.—(1) It is a permitted use for a person (X) to make a copy of an authorial work for sale if —(a) the work was published before 10 April 1987; (b) the copy was made after the relevant date; (c) before 10 April 1987, X gave the written notice, as prescribed for the purposes of the proviso to sec

• § 528 — Copies of computer programs bought before 16 April 1998

  528. Section 112(1)(g) (nature of copyright in literary, dramatic and musical works) does not extend to entering into a commercial rental arrangement in respect of a computer program if —(a) the copy of the program was bought by a person (X) before 16 April 1998; (b) the copy is not an infringing c

• § 529 — Copies of sound recordings bought before 16 April 1998

  529. Section 121(a)(ii) (nature of copyright in sound recordings) does not extend to entering into a commercial rental arrangement in respect of a sound recording if —(a) the copy of the recording was bought by a person (X) before 16 April 1998; (b) the copy is not an infringing copy; (c) the comm

• § 53 — What constitutes publication of an authorial work

  53.—(1) Subject to subsection (2) and sections 58, 59 and 60, an authorial work is published only if copies of the work (or of an edition of the work) have been supplied to the public (whether by sale, over the Internet, or otherwise).(2) The following acts are not to be treated as publishing an aut

• § 530 — No revival or extension of copyright in authorial work, sound recording or film expiring before 1 July 2004

  530.—(1) This section applies where, under the provisions of the 1987 Act in force immediately before 1 July 2004, the copyright in an authorial work, a sound recording or a film expired before that date.(2) Part 3 and sections 519 and 522 do not apply to revive or extend the copyright. —(1) This s

• § 531 — No revival or extension of protection for performances ceasing to be protected before 1 July 2004

  531.—(1) This section applies where —(a) a performance was given before 1 July 2004; and (b) the protection period of the performance, as defined in section 246(1) of the 1987 Act in force immediately before 1 July 2004, expired before that date. (2) Part 4 does not apply to revive or extend the p

• § 532 — Assignments and licences made before 1 January 2005 and relating to broadcasting and cable programmes

  532.—(1) This section applies to any licence, contract or arrangement (including any assignment of copyright) that —(a) has been granted or entered into before 1 January 2005; and (b) relates to —(i) the broadcast of a work; or (ii) the inclusion of a work in a cable programme. (2) Subject to any

• § 533 — No revival or extension of copyright in authorial work, sound recording or film expiring before 21 November 2021

  533.—(1) This section applies where, under the provisions of the 1987 Act in force immediately before 21 November 2021, the copyright in an authorial work, a sound recording or a film expired before that date.(2) Part 3 does not apply to revive or extend the copyright in the work. —(1) This section

• § 534 — Assignments and licences of copyright made on or after 10 April 1987 and before 21 November 2021 to have similar effect

  534.—(1) This section applies where —(a) copyright subsists in a work under this Act; (b) a document was made, or an event occurred, on or after 10 April 1987 and before 21 November 2021; and (c) the document or event —(i) affected the ownership of the copyright in the work under the 1987 Act; (i

• § 535 — Assignments of performers’ rights made before 21 November 2021 to have similar effect

  535.—(1) This section applies where —(a) a performance is protected under this Act; (b) a document was made, or an event occurred, before 21 November 2021; and (c) the document or event —(i) affected the person who may bring an action for an unauthorised use of the performance under the 1987 Act;

• § 536 — Photographs taken on or after 10 April 1987 and before 21 November 2021 — who is the author

  536. For the purposes of this Act, the author of a photograph taken on or after 10 April 1987 but before 21 November 2021 is the person who took the photograph.

• § 537 — Photographs taken on or after 10 April 1987 and before 21 November 2021 — presumptions relating to authorship

  537.—(1) This section applies in —(a) an action for copyright infringement in respect of a photograph taken on or after 10 April 1987 but before 21 November 2021; and (b) an application for an access disabling order under section 325 in relation to that infringement. (2) A person (X) is presumed t

• § 538 — Editions of authorial works published by Government before 21 November 2021 — no infringement of Government copyright

  538.—(1) This section applies where copyright subsists in an edition of an authorial work published before 21 November 2021, but only by virtue of section 117(1)(b)(ii).(2) To avoid doubt, no act done before 21 November 2021 is an infringement of that copyright. —(1) This section applies where copy

• § 539 — Deciding equitable remuneration payable under 1987 Act

  539.—(1) This section applies where a person (X) is liable, under a provision of the 1987 Act, to pay equitable remuneration to another person (Y) of an amount to be —(a) agreed between X and Y; or (b) in default of agreement, to be decided by a Copyright Tribunal constituted under that Act. (2) F

• § 54 — What constitutes publication of an edition of an authorial work

  54.—(1) Subject to sections 58, 59 and 60, an edition of an authorial work is published only if copies of the edition have been supplied to the public (whether by sale, over the Internet, or otherwise).(2) Section 39 does not apply to subsection (1). —(1) Subject to sections 58, 59 and 60, an editi

• § 540 — Copyright Tribunals constituted under 1987 Act

  540. A Copyright Tribunal constituted under the 1987 Act to hear and determine any matter is deemed to be constituted under Part 10 of this Act and may continue to hear and determine the matter.

• § 541 — Saving and transitional provisions

  541.—(1) Any subsidiary legislation made under the 1987 Act and in force immediately before 21 November 2021 continues in force, so far as it is not inconsistent with the provisions of this Act, as if made under this Act until it is revoked by subsidiary legislation made under this Act.(2) For a per

• § 55 — What constitutes publication of a sound recording

  55. Subject to sections 58, 59 and 60, a sound recording is published only if copies of the recording or a part of the recording have been supplied to the public (whether by sale, over the Internet, or otherwise).

• § 56 — What constitutes publication of a film

  56. Subject to sections 58, 59 and 60, a film is published only if copies of the film have been supplied to the public (whether by sale, over the Internet, or otherwise).

• § 57 — What constitutes publication of a recording of a protected performance

  57. Subject to sections 58, 59 and 60, a recording of a protected performance is published only if copies of the recording or a part of the recording have been supplied to the public (whether by sale, over the Internet, or otherwise).

• § 58 — Matters to be considered or ignored for publication, first publication, and publication before death

  58.—(1) In this section, “relevant material” means —(a) an authorial work; (b) an edition of an authorial work; (c) a sound recording; (d) a film; or (e) a recording of a protected performance. (2) If a publication of a relevant material is merely colourable and is not intended to satisfy the r

• § 59 — Effect of acts done before 21 November 2021

  59.—(1) Sections 53, 54, 55, 56, 57 and 58 do not apply for the purposes of deciding —(a) whether a work has been published by virtue of an act done before 21 November 2021; (b) whether a publication of a work before 21 November 2021 is the first publication of the work; or (c) whether a work is,

• § 6 — Act binds Government

  6.—(1) Unless it expressly provides otherwise, this Act binds the Government.(2) The Government is not liable to be prosecuted for an offence under this Act. —(1) Unless it expressly provides otherwise, this Act binds the Government. (2) The Government is not liable to be prosecuted for an offence

• § 60 — Specific acts that do not constitute publication

  60.—(1) The following provisions provide that certain acts in certain circumstances are not to be treated as publication:(a) section 223(4) (publicising public exhibitions); (b) section 225(3) (making public collection available on internal network); (c) section 226(3) (copying or communicating ma

• § 61 — What does communicate mean

  61.—(1) “Communicate”, in relation to a work or performance, means to transmit the work or performance by electronic means, and includes —(a) broadcasting the work or performance; (b) the inclusion of the work or performance in a cable programme; and (c) making the work or performance available (o

• § 62 — What does accessibility on demand mean

  62. A person may access a thing “on demand” if the person may access the thing from a place and at a time chosen by the person.

• § 63 — Who is the maker of a communication

  63. The maker of a communication (other than a broadcast) is the person responsible for deciding the content of the communication when the communication is made.

• § 64 — What is doing an act by the reception of a broadcast

  64.—(1) To do an act by the reception of a broadcast is to do that act by receiving a broadcast from —(a) the transmission by which the broadcast is made; or (b) a transmission that is —(i) made otherwise than by broadcasting; and (ii) made simultaneously with the transmission by which the broadca

• § 65 — What is a re‑transmission of a broadcast

  65.—(1) “Re‑transmission”, in relation to a broadcast, means a re‑transmission of the broadcast without altering its contents.(2) For the purposes of subsection (1), it does not matter —(a) whether the re‑transmission is simultaneous with the original transmission; and (b) whether the technique use

• § 66 — When is a copy of a sound recording or a film used in a broadcast

  66.—(1) This section applies where —(a) a copy of a sound recording or a film is used for the purpose of making a broadcast (called in this section the primary broadcast); and (b) a person makes a further broadcast (called in this section the secondary broadcast) by receiving and simultaneously fur

• § 67 — What does a performance of an authorial work include

  67.—(1) A “performance” of an authorial work —(a) includes —(i) any mode of visual or aural presentation of the authorial work, whether the presentation is by —(A) the use of any receiving apparatus; (B) the exhibition of a film; (C) the use of a record; or (D) any other means; and (ii) the deli

• § 68 — Performance by operating receiving apparatus

  68.—(1) This section applies where —(a) any device or equipment is operated to communicate, directly or indirectly, visual images or sounds to a receiving apparatus; and (b) those images are displayed, or those sounds are emitted, by the receiving apparatus. (2) The operation of the device or equi

• § 69 — Performance by operating apparatus for reproducing sounds

  69.—(1) This section applies where —(a) an authorial work is performed by operating any apparatus for reproducing sounds by using a record; and (b) the apparatus is provided by or with the consent of the occupier of the premises where the apparatus is situated. (2) The occupier is deemed to be the

• § 7 — General interpretation

  7.—(1) In this Act, unless the context otherwise requires —“1911 Act” means the Copyright Act 1911 of the United Kingdom (U.K. 1911, c. 46) insofar as that Act has effect as part of the law of Singapore; “1987 Act” means the Copyright Act (Cap. 63, 2006 Revised Edition) repealed by this Act; “acti

• § 70 — Communication not included

  70. The communication of a work to the public is not to be treated as causing visual images to be seen or sounds to be heard.

• § 71 — Causing by operating receiving apparatus

  71.—(1) This section applies where —(a) any device or equipment is operated to communicate, directly or indirectly, visual images or sounds to a receiving apparatus; and (b) those images are displayed, or those sounds are emitted, by a receiving apparatus. (2) The operation of the device or equipm

• § 72 — Causing by operating apparatus for reproducing sounds

  72.—(1) This section applies where —(a) sounds are caused to be heard by operating any apparatus for reproducing sounds by using a record; and (b) the apparatus is provided by or with the consent of the occupier of the premises where the apparatus is situated. (2) The occupier is deemed to be the

• § 73 — What is a commercial dealing in a thing

  73.—(1) A person deals commercially in a thing if the person —(a) sells the thing; (b) lets the thing for hire; (c) by way of trade, offers or exposes the thing for sale or hire; (d) distributes the thing for the purpose of trade; or (e) by way of trade, exhibits the thing in public. (2) “Comme

• § 74 — What does it mean to do an act for commercial advantage

  74. A person does an act to obtain a “commercial advantage” if and only if the act is done to obtain a direct advantage, direct benefit or direct financial gain for a business or trade carried on by the person.

• § 75 — What is a commercial rental arrangement relating to a computer program or sound recording

  75.—(1) Subject to subsection (2), a “commercial rental arrangement”, in relation to a computer program or sound recording, is an arrangement with the following features:(a) under the arrangement, a copy of the program or recording is made available by a person on terms that it must or may be return

• § 76 — Who is a paying audience for a television broadcast or cable programme

  76.—(1) A person (X) is a “paying audience” in relation to a television broadcast or cable programme if —(a) subject to subsection (2), X pays to be admitted to —(i) a place where the broadcast or programme is to be seen or heard; or (ii) a place that contains the place where the broadcast or progr

• § 77 — Who is a qualified individual

  77. An individual is a “qualified individual” if he or she is —(a) a Singapore citizen; (b) a Singapore resident; or (c) an individual who, if he or she had been alive on 1 November 1957, would have qualified for Singapore citizenship under the repealed Singapore Citizenship Ordinance 1957 (Ord. 3

• § 78 — Who is a qualified person

  78. A person is a “qualified person” if the person is —(a) a qualified individual; or (b) a body corporate incorporated in Singapore under any written law.

• § 79 — Who is a Singapore resident

  79. An individual is a “Singapore resident” if he or she is —(a) resident in Singapore; or (b) residing in Singapore under a valid pass lawfully issued to him or her under the Immigration Act 1959 to enter and remain in Singapore for any purpose other than a temporary purpose.

• § 8 — What is a work

  8. A “work” is —(a) an authorial work; (b) a published edition of an authorial work; (c) a sound recording; (d) a film; (e) a broadcast; or (f) a cable programme.

• § 80 — Country of residence not affected by temporary absence

  80. A person who, at a given period of time, is ordinarily resident in a country (including Singapore) but is temporarily absent from that country at any time during that period is to be treated as if he or she is resident in that country throughout that period.

• § 81 — What is a prescribed international organisation

  81.—(1) Regulations may prescribe international organisations for the purposes of this Act.(2) A “prescribed international organisation” is an international organisation prescribed under subsection (1) and includes —(a) an organ of, or office within, the organisation; and (b) a commission, council

• § 82 — Legal capacity of prescribed international organisation

  82.—(1) A prescribed international organisation has, and is deemed to have had at all material times, the legal capacity of a body corporate for the purposes of —(a) holding, dealing with and enforcing copyright; and (b) all legal proceedings relating to copyright. (2) This section does not limit

• § 83 — What is an educational institution

  83. An “educational institution” is any of the following institutions or undertakings, but only if they are non‑profit:(a) an institution at which education is provided to children under 7 years of age; (b) a school or similar institution at which one or more of the following is provided:(i) full‑t

• § 84 — What is the body administering an educational institution

  84. The “body administering an educational institution” is —(a) if the institution is a body corporate — the institution; or (b) in any other case — the body or person (including the Government) having ultimate responsibility for administering the institution.

• § 85 — Who is a person with a print disability

  85. A person is a “person with a print disability” if he or she —(a) is blind; (b) has severely impaired sight; (c) is unable to hold or manipulate books; (d) is unable to focus or move his or her eyes; or (e) has a perceptual handicap.

• § 86 — What is an institution aiding persons with print disabilities

  86. An “institution aiding persons with print disabilities” is an institution —(a) whose main functions include providing relevant material to persons with print disabilities; (b) that is formed, incorporated or established in Singapore; and (c) that is prescribed as an institution aiding persons

• § 87 — What is the body administering an institution aiding persons with print disabilities

  87. The “body administering an institution aiding persons with print disabilities” is —(a) in a case where the institution is a body corporate — the institution; or (b) in any other case — the body or person (including the Government) having ultimate responsibility for administering the institution

• § 88 — What is a foreign institution aiding persons with print disabilities

  88. A “foreign institution aiding persons with print disabilities” is an institution —(a) whose main functions include providing relevant materials to persons with print disabilities; and (b) that is formed, incorporated or established outside Singapore.

• § 89 — What is an institution aiding persons with intellectual disabilities

  89. An “institution aiding persons with intellectual disabilities” is any educational institution or non‑profit organisation —(a) whose main functions include aiding persons with intellectual disabilities; and (b) that is prescribed as an institution aiding persons with intellectual disabilities.

• § 9 — What is an authorial work

  9. An “authorial work” is a literary, dramatic, musical or an artistic work.

• § 90 — What is the body administering an institution aiding persons with intellectual disabilities

  90. The “body administering an institution aiding persons with intellectual disabilities” is —(a) in a case where the institution is a body corporate — the institution; or (b) in any other case — the body or person (including the Government) having ultimate responsibility for administering the inst

• § 91 — What is a public collection

  91. A “public collection” is —(a) the National Archives; (b) the collections of the National Heritage Board prescribed to be public collections by the Minister charged with the responsibility for the Board; (c) the permanent collection of a library; or (d) an archive.

• § 92 — What is an archive

  92. An “archive” is any collection of materials (including documents and objects) of historical significance or public interest that is —(a) in the permanent custody of a corporate or an unincorporated body; (b) maintained by that body for the purpose of conservation or preservation; and (c) not r

• § 93 — What is the custodian of a public collection

  93. A “custodian” is —(a) in relation to the National Archives — the National Library Board; (b) in relation to the prescribed collections of the National Heritage Board — the National Heritage Board or a body prescribed by the Minister charged with the responsibility for the Board; (c) in relatio

• § 94 — Who is an authorised officer of a public collection

  94. An “authorised officer”, in relation to a public collection, means an authorised officer of the custodian of the public collection.

• § 95 — When is a library run for profit

  95. A library is not taken to be for‑profit just because it is owned by a person carrying on business for profit.

• § 96 — Who is a rights owner

  96. A “rights owner” is —(a) in relation to a copyright work — the owner of the copyright; and (b) in relation to a protected performance — the person who is entitled to bring an action for an infringing use of the performance.

• § 97 — What is a rights infringement

  97. A “rights infringement” is —(a) an infringement of copyright; or (b) an infringing use of a protected performance.

• § 98 — What is an infringing copy of a copyright work or protected performance

  98.—(1) An “infringing copy” —(a) in relation to a copyright work, is a copy of the work that is —(i) made in Singapore on or after 21 November 2021 in circumstances that constitute an infringement of copyright in the work under this Act; (ii) made in Singapore before 21 November 2021 in circumstan

• § 99 — What is a flagrantly infringing online location

  99.—(1) A “flagrantly infringing online location” is an online location that has been or is being used to flagrantly commit or facilitate rights infringements.(2) In deciding whether an online location is a flagrantly infringing online location, the following matters must be considered and the appro