Conditions for copyright to subsist in unpublished authorial works
Open ↗109.—(1) Subject to the provisions of this Act, copyright subsists in an unpublished authorial work if —(a)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 individual for a substantial part of that period;
(iii)
the work is made —(A)
by or under the direction or control of the Government; or
(B)
on or after 10 April 1987 by or under the direction or control of a prescribed international organisation.
(2) In this section, “author”, in relation to a work of joint authorship, means any of the joint authors.
Conditions for copyright to subsist in published authorial works
Open ↗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 individual when the work is first published; or
(B)
dies before the work is first published but is a qualified individual immediately before his or her death; or
(ii)
the work is first published —(A)
in Singapore;
(B)
by or under the direction or control of the Government; or
(C)
on or after 10 April 1987 by or under the direction or control of a prescribed international organisation; and
(b)
the copyright expires if paragraph (a) does not apply.
(2) Subject to the provisions of this Act, where an authorial work is published and there is no copyright in the work immediately before its first publication, copyright subsists in the work if and only if —(a)
the work is original; and
(b)
one of the following applies:(i)
the author of the work —(A)
is a qualified individual when the work is first published; or
(B)
dies before the work is first published but is a qualified individual immediately before his or her death;
(ii)
the work is first published —(A)
in Singapore;
(B)
by or under the direction or control of the Government; or
(C)
on or after 10 April 1987 by or under the direction or control of a prescribed international organisation.
(3) In this section, “author”, in relation to a work of joint authorship, means any of the joint authors.
Conditions for copyright to subsist in buildings
Open ↗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 was completed before 10 April 1987.
Nature of copyright in literary, dramatic and musical works
Open ↗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 in public;
(d)
to communicate the work to the public;
(e)
to make an adaptation of the work;
(f)
to do, in relation to an adaptation of the work, any of the acts specified in paragraphs (a) to (e);
(g)
in the case of a computer program — to enter into a commercial rental arrangement the essential object of which is the rental of the program.
(2) If a computer program is embodied in a machine or device and cannot be copied through the ordinary use of the machine or a device, subsection (1)(g) does not extend to entering into a commercial rental arrangement in respect of the machine or device.
(3) In subsection (2), “device” does not include —(a)
a floppy disc;
(b)
a CD‑ROM;
(c)
an integrated circuit; or
(d)
any other device that is ordinarily used to store computer programs.
Nature of copyright in artistic works
Open ↗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.
Duration of copyright in authorial works
Open ↗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 year in which the author dies; and
(b)
if not — 70 years after the end of the year in which the work is first published.
(2) Where an authorial work is first published more than 50 years after the end of the year in which the work is made, but is made available to the public other than by publication within those 50 years, 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 made available to the public — 70 years after the end of the year in which the author dies; and
(b)
if not — 70 years after the end of the year in which the work is first made available to the public.
(3) In any other case, any copyright in an authorial work expires —(a)
if the author of the work is identified within 70 years after the end of the year in which the work is made — 70 years after the end of the year in which the author dies; and
(b)
if not — 70 years after the end of the year in which the work is made.
(4) This section is subject to section 110(1)(b) (expiry of copyright upon publication).
Duration of copyright in authorial works — transitional provision for certain works published before 31 December 2022
Open ↗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;
(c)
the author died before 21 November 2021; and
(d)
the work is first made available to the public —(i)
after the death of the author; and
(ii)
on or before 31 December 2022.
(2) Despite section 114, any copyright in an authorial work expires 70 years after the end of the year in which the work is first published in any of the following circumstances:(a)
the work —(i)
is first published on or before 31 December 2022; and
(ii)
has no identified author on or before that date;
(b)
the work is —(i)
a photograph; and
(ii)
first published on or before 31 December 2022;
(c)
the work is —(i)
a literary, dramatic or musical work or an engraving; and
(ii)
made or first published on or before 31 December 2022 by or under the direction or control of the Government.
(3) Despite section 114, any copyright in an artistic work (other than an engraving) expires 70 years after the end of the year in which the work is made if the work is made by or under the direction or control of the Government before 21 November 2021.
(4) This section is subject to section 110(1)(b) (expiry of copyright upon publication).
Interpretation of sections 114 and 115 — making available to public; application to works of joint authorship
Open ↗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, dramatic or musical work, an adaptation of the work) is —(i)
performed in public;
(ii)
communicated to the public; or
(iii)
published;
(b)
if the work is an artistic work — the work is exhibited in public;
(c)
if the work is an artistic work included in a film — the visual images of the film are seen in public;
(d)
if the work is a building — the building is constructed;
(e)
records of the work (or, in the case of a literary, dramatic or musical work, of an adaptation of the work) are —(i)
offered to the public (whether or not for sale); or
(ii)
exposed for sale to the public.
(3) An unauthorised act (as defined by section 58(5)) must be ignored in deciding whether an authorial work is made available to the public.
(4) In the case of a work of joint authorship —(a)
the work has an identified author if any of the joint authors are identified; and
(b)
a reference to the death of the author is a reference to the death of the last surviving identified author.Illustration
An authorial work is jointly made in 2021 by A1 and A2. A1 is identified, A2 is not. A1 dies in 2050. The work is not made available to the public at any time before the end of 2071. By virtue of section 114(3)(a) read with section 116(4), any copyright in the work expires in 2120.
Source: Singapore Statutes Online (Attorney-General's Chambers), © Government of Singapore.
