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 arrangement or acting form of which is fixed in writing or otherwise; and
(c)
a cinematograph production where the arrangement, the acting form or the combination of incidents represented gives the work an original character;
“lecture” includes an address, a speech and a sermon;
“literary work” includes a map, chart, plan, table and compilation;
“perform”, in relation to a dramatic work as defined by this section or a musical work —(a)
means to make an acoustic representation of the work or a visual representation of a dramatic action in the work; and
(b)
includes such a representation made by means of a mechanical instrument;
“photograph” includes photo‑lithograph and a work produced by a process similar to photography.
(2) For the purposes of this Division and Division 3, if an authorial work, a sound recording or a film is made over a period of time, the work, recording or film is deemed not to have been made before 10 April 1987 unless the period of time ended before that date.
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.
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.
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 dramatic or musical work made before 1 July 1912 consisted only of the sole right to perform the work in public, any copyright subsisting in the work under this Act consists only of performing rights.
(3) In this section, “performing rights”, in relation to a dramatic or musical work, means —(a)
the exclusive right to perform the work, or an adaptation of the work, in public;
(b)
the exclusive right to broadcast the work or an adaptation of the work; and
(c)
the exclusive right to cause the work, or an adaptation of the work, to be in a cable programme service.
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 authorial work was entitled to a right of publishing the authorial work in a separate form by virtue of the note to the First Schedule to the 1911 Act.
(2) Any copyright in the authorial work under this Act is subject to the author’s right mentioned in subsection (1)(b).
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 (called in this section the 1911 provision).
(2) If —(a)
an event occurred, or a notice was given, before 10 April 1987; and
(b)
under the 1911 provision, the event or notice would have —(i)
affected the ownership of the substituted right in the authorial work; or
(ii)
created, transferred or terminated an interest, a right or a licence in the substituted right,
the event or notice has the same effect in relation to any copyright in the authorial work under this Act.
(3) If, by virtue of the 1911 provision and but for the repeal of the 1911 Act, a right would have been exercisable on or after 10 April 1987 —(a)
in respect of the authorial work; or
(b)
in relation to the substituted right in the authorial work,
the right continues to be exercisable in respect of the authorial work or in relation to the substituted right in the work, as the case may be.
(4) If —(a)
under the 1911 provision, the substituted right in the authorial work would have reverted to the author or the author’s personal representatives on the date mentioned in the relevant paragraph; and
(b)
that date occurs on or after 10 April 1987,
then, on that date —
(c)
the copyright in the authorial work under this Act reverts to the author or the author’s personal representatives, as the case may be; and
(d)
if any other person has an interest in that copyright immediately before that date by virtue of any document made before 1 July 1912, that interest ceases.
(5) This section does not limit section 524.
Source: Singapore Statutes Online (Attorney-General's Chambers), © Government of Singapore.
