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 subsection (1) —(a)
in the case of a sound recording — it does not matter whether an act is done by directly or indirectly making use of a copy of the recording; and
(b)
in the case of a broadcast or a cable programme — it does not matter whether an act is done —(i)
by the reception of the broadcast or programme; or
(ii)
by making use of any article or thing in which the visual images and sounds comprised in the broadcast or programme are embodied.
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 licence of the copyright owner; and
(c)
the person knows or ought reasonably to know that the article was made without the consent of the copyright owner.
(2) For the purposes of subsection (1), it does not matter whether the article is made before, on or after 21 November 2021.
(3) This section does not limit section 146.
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 without the licence of the copyright owner; and
(c)
the person knows or ought reasonably to know that —(i)
if the article is made in Singapore — the making of the article infringed the copyright; and
(ii)
if the article is imported — the article was made without the consent of the copyright owner.
(2) For the purposes of subsection (1) —(a)
it does not matter whether the article is made before, on or after 21 November 2021; and
(b)
an article made before 21 November 2021 is to be treated as having been made in infringement of copyright if it was made in infringement of copyright under the 1911 Act or the 1987 Act, as the case may be.
(3) This section does not limit section 146.
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; and
(d)
the article (considered apart from the accessory) is not an infringing copy.
(2) Despite section 147, the copyright in the material is not infringed by the importation of the article.
(3) Despite section 148, the copyright in the material is not infringed by any commercial dealing in, or distribution of, the imported article.
(4) To avoid doubt, nothing in this section affects the operation of this Act in relation to an authorial work, a published edition, a sound recording or a film that is embodied in the imported article.
(5) In this section, “accessory”, in relation to an article —(a)
means one or more of the following:(i)
a label affixed to, or displayed on, the article;
(ii)
the article’s packaging or container;
(iii)
a label affixed to, or displayed on, the article’s packaging or container;
(iv)
a leaflet, pamphlet, certificate, warranty, brochure, written instruction or other information incidental to the article and provided with the article on its sale;
(v)
an instructional sound recording or film incidental to the article and provided with the article on its sale; but
(b)
does not include —(i)
a copy of an authorial work that is incorporated into the surface of the article and is a permanent part of the article;
(ii)
a copy of an authorial work that cannot be separated from the article without making the article unsuitable for its ordinary use; or
(iii)
a manual for use in connection with, and meant to be sold together with, computer software.
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 obtain a commercial advantage;
(ii)
deals commercially in a device;
(iii)
imports a device for the purpose of commercial dealing;
(iv)
distributes a device to an extent that will prejudicially affect the copyright owner;
(v)
offers to the public, or provides, a service —(A)
in exchange for payment; or
(B)
together with the sale of a device;
(c)
the device or service is capable of facilitating access to the work; and
(d)
X knows or ought reasonably to know that the device or service —(i)
is capable of facilitating access to works communicated to the public without the authority of their copyright owners; and
(ii)
has only a limited commercially significant purpose or use other than that capability.
(2) In this section —“device” includes a component of a device, and a computer program;
“service” includes a subscription service and the provision of information.
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.
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 publication of models and documents in connection with Government use);
(c)
section 108(6) of the Patents Act 1994 (publication of patent specification or application);
(d)
section 45(6) of the Registered Designs Act 2000 (reproduction or publication of models and documents in connection with Government use).
Source: Singapore Statutes Online (Attorney-General's Chambers), © Government of Singapore.
