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Application
163.—(1) This Division applies in an action for copyright infringement.(2) The presumptions in this Division do not apply if the contrary is proved. —(1) This Division applies in an action for copyright infringement. (2) The presumptions in this Division do not apply if the contrary is proved.
Presumption that copyright subsists if not disputed, etc.
164.—(1) Copyright is presumed to subsist in a work if —(a) the defendant does not put in issue the question whether copyright subsists in the work; (b) the defendant puts that question in issue, but does not satisfy the Court that this is done in good faith; or (c) the defendant puts that question in issue in good faith, but an affidavit is made —(i) by or on behalf of the claimant; and (ii) asserting facts relevant to showing that copyright subsists in the work. (2) The affidavit mentioned in subsection (1)(c) is to be admitted in evidence and the facts mentioned in subsection (1)(c)(ii) are presumed to be true. (3) Subsections (1)(c) and (2) do not apply if the Court directs that oral evidence be adduced to prove the matters stated in the affidavit. (4) If the defendant —(a) puts in issue the question whether copyright subsists in a work; (b) causes, as a result, unnecessary costs or delay in the proceedings; and (c) does not satisfy the Court that the question is put in issue in good faith, the Court may order that — (d) the defendant is not allowed any costs in the action; and (e) the defendant is to pay to the other parties any costs that the defendant caused them to incur.
Presumption that claimant owns copyright if not disputed, etc.
165.—(1) This section applies if copyright is proved (or presumed by section 164) to subsist in a work. (2) The claimant is presumed to own the copyright if —(a) the defendant does not put in issue the question whether the claimant owns the copyright; (b) the defendant puts that question in issue, but does not satisfy the Court that this is done in good faith; or (c) the defendant puts that question in issue in good faith, but an affidavit is made —(i) by or on behalf of the claimant; and (ii) asserting facts relevant to showing that the claimant owns the copyright. (3) The affidavit mentioned in subsection (2)(c) is to be admitted in evidence and the facts mentioned in subsection (2)(c)(ii) are presumed to be true. (4) Subsections (2)(c) and (3) do not apply if the Court directs that oral evidence be adduced to prove the matters stated in the affidavit. (5) If the defendant —(a) puts in issue the question whether the claimant owns the copyright in a work; (b) causes, as a result, unnecessary costs or delay in the proceedings; and (c) does not satisfy the Court that the question is put in issue in good faith, the Court may order that — (d) the defendant is not allowed any costs in the action; and (e) the defendant is to pay to the other parties any costs that the defendant caused them to incur.
Presumption of authorship where name appears
166.—(1) This section applies if —(a) either —(i) a name purporting to be that of the author (or a joint author) of an authorial work appears on a published copy of the work; or (ii) a name purporting to be that of the author (or a joint author) of the work appears on an artistic work when it is made; and (b) the name is —(i) a person’s true name; or (ii) a name by which a person is commonly known. (2) The person is presumed —(a) to be the author (or a joint author) of the authorial work; and (b) to have made the work in circumstances to which sections 134 and 135 (works made in the course of employment or under commission) do not apply.
Presumptions where authorial work is first published in Singapore
167.—(1) This section applies if —(a) an infringement action is brought in relation to an authorial work; (b) the presumptions in section 166 are not applicable; (c) it is proved that —(i) the work is first published in Singapore; (ii) the first publication took place within the 70 years immediately before 1 January of the year in which the action is brought; and (iii) a name purporting to be that of the publisher appears on the first published copies of the work; and (d) the name is —(i) a person’s true name; or (ii) a name by which a person is commonly known. (2) Copyright is presumed to subsist in the work. (3) The person is presumed to be the owner of the copyright in the work when the work is first published.
Presumptions where author is dead
168.—(1) This section applies if it is proved that the author of an authorial work is dead. (2) The work is presumed to be original. (3) If the claimant alleges that a specified publication is the first publication of the work and that the first publication took place in a specified country and on a specified date —(a) the specified publication is presumed to be the first publication of the work; and (b) the first publication of the work is presumed to have taken place in the specified country and on the specified date.
Presumptions as to anonymous or pseudonymous authorial work
169.—(1) This section applies if —(a) an authorial work is published; (b) the publication is anonymous or is alleged by the claimant to be pseudonymous; and (c) it is not proved that the work has an identified author. (2) The work is presumed to be original. (3) If the claimant alleges that a specified publication is the first publication of the work and that the first publication took place in a specified country and on a specified date —(a) the specified publication is presumed to be the first publication of the work; and (b) the first publication of the work is presumed to have taken place in the specified country and on the specified date.
Presumptions relating to label or mark on copies of sound recording
170.—(1) This section applies if —(a) copies of a sound recording are supplied to the public; and (b) those copies bear a label or other mark stating that —(i) a specified person owns the copyright in the recording; (ii) the recording is first published in a specified year; or (iii) the recording is first published in a specified country. (2) It is respectively presumed that —(a) the specified person owns the copyright in the recording; (b) the recording is first published in the specified year; and (c) the recording is first published in the specified country.
Presumptions as to maker of film
171.—(1) This section applies if —(a) copies of a film are made available to the public; (b) the name of a person appears on those copies in a way that implies that the person made the film; and (c) in the case of an individual — the name is —(i) the person’s true name; or (ii) the name by which the person is commonly known. (2) The person is presumed —(a) to have made the film; and (b) to have made the film in circumstances to which section 135 (works made under commission) does not apply.
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Compiled from an official source version. Later amendments or repeals may not be reflected; the official text prevails. Read the official text ↗
Source: Singapore Statutes Online (Attorney-General's Chambers), © Government of Singapore.
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