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 to the effect that the threat is unjustifiable;
(b)
obtain an injunction against the continuance of the threat; and
(c)
recover such damages (if any) as the claimant has sustained.
(4) Subsection (3) does not apply if X proves that the acts in respect of which X has threatened proceedings are (or would, if done, be) an infringement of copyright.
(5) To avoid doubt, X may, in an action under subsection (2), make a counterclaim for an infringement of copyright.
(6) This section does not make an advocate and solicitor liable for anything done by him or her in his or her professional capacity on behalf of a client.
(7) For the purposes of this section —(a)
it does not matter whether the threat is made by a circular, an advertisement or otherwise;
(b)
it does not matter whether X is or is not the owner or an exclusive licensee of the copyright concerned; and
(c)
the mere notification of the existence of a copyright is not a threat of proceedings.
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 the offence and shall be liable to be proceeded against and punished accordingly.
(2) Where the affairs of a body corporate are managed by its members, subsection (1) applies in relation to the acts and defaults of a member in connection with his or her functions of management as if he or she were a director of the body corporate.
(3) Where an offence under this Act committed by a partnership is proved —(a)
to have been committed with the consent or connivance of a partner; or
(b)
to be attributable to any neglect on his or her part,
the partner as well as the partnership shall be guilty of the offence and shall be liable to be proceeded against and punished accordingly.
(4) Where an offence under this Act committed by an unincorporated association (other than a partnership) is proved —(a)
to have been committed with the consent or connivance of an officer of the unincorporated association or a member of its governing body; or
(b)
to be attributable to any neglect on the part of such an officer or member,
the officer or member as well as the unincorporated association shall be guilty of the offence and shall be liable to be proceeded against and punished accordingly.
(5) In this section —“body corporate” includes a limited liability partnership as defined by section 4(1) of the Limited Liability Partnerships Act 2005;
“officer” —(a)
in relation to a body corporate — means any director, partner, member of the committee of management, chief executive, manager, secretary or other similar officer of the body corporate and includes any person purporting to act in any such capacity; or
(b)
in relation to an unincorporated association (other than a partnership) — means the president, the secretary, or any member of the committee of the unincorporated association, or any person holding a position analogous to that of president, secretary or member of such a committee and includes any person purporting to act in any such capacity;
“partner” includes a person purporting to act as a partner.
(6) The Minister may make regulations to provide for the application of any provision of this section, with such modifications as the Minister considers appropriate, to a body corporate or an unincorporated association formed or recognised under the law of a territory outside Singapore.
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 court that has jurisdiction in matters under this Act and the 1987 Act.
(3) Subsection (2) does not affect any proceedings brought before the date of its commencement.
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.
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.
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.
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 declarations in relation to copies of works made by libraries, archives or institutions;
(b)
the deposit of such records and declarations with persons appointed by the Minister; and
(c)
the fees payable in respect of any application or matter under this Act.
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).
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 Act 2021 is amended —(a)
by deleting the definition of “Court” in section 7(1) and substituting the following definition:“ “Court” means the General Division of the High Court;”;
(b)
by deleting the words “General Division of the High Court” wherever they appear in the following provisions and substituting in each case the word “Court”:Sections 325(1) and (2), 326(5), 327(1) and (2) and 494(1), (3)(c), (5)(a) and (b) and (6); and
(c)
by deleting the words “General Division of High Court” in the section heading of section 494 and substituting the word “Court”.
(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 Act 2021 is amended —(a)
by deleting the definition of “Court” in section 7(1) and substituting the following definition:“ “Court” means the General Division of the High Court;”;
(b)
by deleting the words “General Division of the High Court” wherever they appear in the following provisions and substituting in each case the word “Court”:Sections 325(1) and (2), 326(5), 327(1) and (2) and 494(1), (3)(c), (5)(a) and (b) and (6); and
(c)
by deleting the words “General Division of High Court” in the section heading of section 494 and substituting the word “Court”.
Source: Singapore Statutes Online (Attorney-General's Chambers), © Government of Singapore.
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