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Permitted uses are not rights infringements
183.—(1) Where an act in relation to a work is a permitted use, the act is not an infringement of any copyright in the work. (2) Where an act in relation to a protected performance is a permitted use, the act is not an infringing use of the performance.
Permitted uses are independent
184. Unless this Act expressly provides otherwise, a permitted use is independent of, and does not affect the application of, any other permitted use.
Permitted uses may go beyond scope of copyright or protection of performances
185. An act that is a permitted use —(a) is not necessarily comprised in a copyright; and (b) would not necessarily constitute an infringing use of a protected performance if the act were not a permitted use.Explanation. — To provide certainty, some provisions on permitted uses are drafted in a way that goes beyond the acts comprised in a copyright and what would otherwise be an infringing use of a protected performance.
Permitted uses may be excluded or restricted by reasonable contract term
186.—(1) Subject to this section and section 187, a rights owner may, by contract with a person, exclude or restrict the application of a permitted use to that person. (2) A contract term between the rights owner and another person (called in this section the counterparty) is valid for the purposes of subsection (1) only if —(a) the contract is individually negotiated; and (b) the term is fair and reasonable, having regard to the circumstances that are, or ought reasonably to be, known to or in the contemplation of the parties when the contract is made. (3) For the purposes of subsection (2)(b), relevant matters in deciding whether a term of a contract is fair and reasonable include —(a) the strength of the bargaining positions of the parties relative to each other, taking into account (among other things) alternative means by which the counterparty’s requirements could have been met; (b) whether the counterparty received an inducement to agree to the term, or in accepting it had an opportunity of entering into a similar contract with other persons, but without having to accept a similar term; (c) whether the counterparty knows or ought reasonably to know of the existence and extent of the term (having regard, among other things, to any custom of the trade and any previous course of dealing between the parties); and (d) whether at the time of the contract it is reasonable to expect that the contract is workable without the term. (4) Subject to any contrary intention in the contract, where a contract term between a rights owner and a person excludes or restricts the application of a permitted use to that person, the benefit of that term passes to the rights owner’s successors in title. (5) This section applies to any contract made before, on or after 21 November 2021.
Permitted uses that may not be excluded or restricted
187.—(1) Any contract term is void to the extent that it purports, directly or indirectly, to exclude or restrict any permitted use under any provision in —(a) Division 6 (public collections), but not section 234 (supplying copies of published literary, dramatic or musical works or articles between libraries and archives); (b) Division 7 (computer programs); (c) Division 8 (computational data analysis); or (d) Division 17 (judicial proceedings and legal advice). (2) Without limiting subsection (1), a contract term is void to the extent that it purports, directly or indirectly, to prevent or restrict the doing of any of the following acts in circumstances that constitute a permitted use under the provisions mentioned in subsection (1):(a) making a copy of a work or a recording of a protected performance; (b) supplying (whether by communication or otherwise) a copy of a work or a recording of a performance; (c) performing a work or a recording of a protected performance. (3) This section applies to any contract made before, on or after 21 November 2021.
Evasion through choice of law clause to be void
188.—(1) A contract term that purports to apply the law of a country other than Singapore is void if —(a) the application of that law has the effect of excluding or restricting the operation of any permitted use; and (b) either —(i) the term is imposed wholly or mainly for the purpose of evading the operation of any permitted use; or (ii) in the making of the contract one of the parties dealt as consumer, and he or she was then a Singapore resident, and the essential steps for the making of the contract were taken in Singapore (whether by him or her or by others on his or her behalf). (2) For the purposes of subsection (1)(b) —(a) the interpretation of section 27(2)(b) of the Unfair Contract Terms Act 1977 must be considered; and (b) if a person claims that a party does not deal as a consumer, the burden is on the person to prove this. (3) This section applies to any contract made before, on or after 21 November 2021.
What is sufficient acknowledgment of an authorial work
189.—(1) For the purposes of this Part, an acknowledgment of an authorial work is sufficient if the acknowledgment identifies —(a) the work by its title or other description; and (b) subject to subsection (2) — the author. (2) It is not necessary to identify the author if —(a) the work has no identified author; or (b) the author has previously agreed or directed that his or her name is not to be acknowledged.
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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 ↗
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