First owner — maker of work, etc., is default first owner
Open ↗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 the recording;
(d)
in the case of a film — the maker of the film;
(e)
in the case of a broadcast — the broadcasting licensee that made the broadcast; and
(f)
in the case of a cable programme — the person providing the cable programme service in which the programme was included.
(2) If copyright subsists in a work of joint authorship only because one or more (but not all) of the joint authors are qualified individuals, subsection (1)(a) does not confer ownership of the copyright on a joint author who is not a qualified individual.
(3) Subsections (1) and (2) are subject to any contrary intention in —(a)
any written agreement made on or after 21 November 2021 by the person who would otherwise be the first owner of a copyright under those subsections; or
(b)
any agreement before 21 November 2021 by the person who would otherwise be the first owner of a copyright under those subsections.
First owner — copyright created in the course of employment
Open ↗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 is included;
(iii)
publishes an edition of an authorial work.
(2) The first owner of any copyright in the relevant work is to be determined according to this section (and not section 133).
(3) Subject to subsection (4), the employer is the first owner of any copyright in the relevant work.
(4) Where —(a)
the relevant work is a literary work, a dramatic work or an artistic work;
(b)
the employer is the proprietor of a periodical; and
(c)
the work is made for publication in a periodical,
then —
(d)
if the work is made on or after 10 April 1987 —(i)
the employer is the first owner of any copyright in the work only to the extent that the copyright relates to —(A)
publishing the work in any periodical; or
(B)
making a copy of the work for the purpose of its being so published; and
(ii)
the employee is otherwise the first owner of any copyright in the work; and
(e)
if the work was made before 10 April 1987, the employee is entitled to restrain the publication of the work otherwise than in a periodical.
(5) Subsections (3) and (4) are subject to any contrary intention in —(a)
any written agreement made between the employer and the employee on or after 21 November 2021; or
(b)
any agreement made between the employer and the employee before 21 November 2021.
(6) In this section —“periodical” means a newspaper, magazine or similar periodical, and includes an online periodical;
“relevant work” means a work mentioned in subsection (1).
First owner — sound recordings, films and certain authorial works commissioned before 21 November 2021
Open ↗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)
makes an engraving;
(iv)
makes a sound recording;
(v)
makes a film;
(c)
the things mentioned in paragraph (b) are not done in the course of a contract of service (whether with Y or any other person); and
(d)
Y provides valuable consideration pursuant to the agreement.
(2) The first owner of any copyright in the commissioned work is to be determined according to this section (and not section 133).
(3) Subject to subsections (4), (5) and (6), Y is the first owner of any copyright in the commissioned work.
(4) Where —(a)
the agreement is made on or after 10 April 1987 but before 21 November 2021;
(b)
the commissioned work is a photograph, a portrait or an engraving; and
(c)
Y requires the commissioned work for any particular purpose,
that purpose must be communicated to X and X is entitled to restrain the doing, otherwise than for that particular purpose, of any act comprised in the copyright in the commissioned work.
(5) Where —(a)
the agreement was made before 10 April 1987; and
(b)
the commissioned work is a sound recording,
the first owner of any copyright in the recording is the person who would be the first owner under the law applicable when the agreement was made.
(6) Subsections (3), (4) and (5) are subject to any contrary intention in —(a)
any written agreement made between X and Y on or after 21 November 2021; or
(b)
any agreement made between X and Y before 21 November 2021.
(7) In this section —(a)
where the agreement mentioned in subsection (1)(a) was made before 10 April 1987, “photograph” includes photo‑lithograph and a work produced by a process similar to photography; and
(b)
“commissioned work” means a work mentioned in subsection (1)(b).
First owner — Government and prescribed international organisations
Open ↗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 in a published authorial work subsisting by virtue of section 110, if the work is first published by or under the direction or control of the Government;
(c)
any copyright in a published edition of an authorial work, if —(i)
the edition is first published on or after 21 November 2021 by or under the direction or control of the Government; or
(ii)
the edition is first published before 21 November 2021 by or under the direction or control of the Government and copyright subsists in the edition only by virtue of section 117(1)(b)(ii); and
(d)
any copyright in a sound recording or film, if the recording or film is made or first published by or under the direction or control of the Government.
(2) Subsection (1) is subject to any contrary intention in —(a)
any written agreement made by the Government on or after 21 November 2021; or
(b)
any agreement made by the Government before 21 November 2021.
(3) Despite sections 133, 134 and 135, if copyright subsists in the following works only by virtue of the work being made or first published by or under the direction or control of a prescribed international organisation, the organisation is the first owner of the copyright:(a)
an unpublished authorial work;
(b)
a published authorial work;
(c)
a published edition of an authorial work;
(d)
a sound recording;
(e)
a film.
(4) Subsection (3) is subject to any contrary intention in —(a)
any written agreement made by the organisation on or after 21 November 2021; or
(b)
any agreement made by the organisation before 21 November 2021.
Transfer of copyright
Open ↗137. Copyright may be transferred as personal or moveable property by —(a)
assignment;
(b)
testamentary disposition; or
(c)
operation of law.
Assignment — formalities
Open ↗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.
Assignment — partial assignment
Open ↗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;
(d)
in the case of copyright in sound recordings — to the whole or a part of the right to be paid equitable remuneration under section 121(b).
Assignment — assignment of future copyright
Open ↗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 may be; and
(b)
not vest in the person who would otherwise be the first owner under section 133, 134, 135 or 136.
(3) In this section and section 141, “future copyright” means a copyright that will come into existence in the future.
Licences — licence of future copyright
Open ↗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.
Licences — formalities for exclusive licence
Open ↗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.
Licences — licence binds successors in title to copyright except bona fide purchaser
Open ↗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 title to the copyright, but not —(i)
a successor in title who purchased the title in good faith for valuable consideration and without actual or constructive notice of the licence; or
(ii)
a person who derives title from that successor.
Death — devolution of copyright coming into existence after would‑be owner dies
Open ↗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 person had then been the copyright owner.
(3) Despite sections 133, 134, 135 and 136, the person to whom the copyright devolves is the first owner of the copyright.
Death — bequest of manuscript, etc., includes any copyright therein
Open ↗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 not published during the testator’s lifetime.
(2) Subject to any contrary intention in the testator’s will, the bequest is to be treated as including a bequest of any copyright in the work insofar as the testator owned the copyright immediately before his or her death.
(3) In this section, “manuscript”, in relation to an authorial work, means an original document (whether written by hand or not) embodying the work.
Source: Singapore Statutes Online (Attorney-General's Chambers), © Government of Singapore.
