Making sound recordings or films of literary, dramatic and musical works for broadcasting
251.—(1) If the conditions in subsection (2) are met, it is a permitted use for a person (X) to make a copy of a literary, dramatic or musical work.
(2) The conditions are —(a)
the copy is a sound recording or film of the work;
(b)
the copy is made for the sole purpose of broadcasting the work;
(c)
X would not infringe the copyright in the work by broadcasting the work;
(d)
the copy is used only —(i)
for the purpose of broadcasting the work in circumstances that do not constitute an infringement of the copyright in the work; or
(ii)
to make more copies for that purpose;
(e)
if X is not the person broadcasting the work —(i)
X pays the copyright owner an amount agreed between them for the making of the copy; or
(ii)
X undertakes in writing to pay the copyright owner the amount that a Copyright Tribunal decides is equitable remuneration for the making of the copy; and
(f)
within the prescribed time, every copy made under this section is —(i)
delivered to the National Archives with the consent of the Director of National Archives; or
(ii)
destroyed.
Making films of artistic works for television broadcasting or cable programmes
252.—(1) If the conditions in subsection (2) are met, it is a permitted use for a person (X) to make a film of an artistic work.
(2) The conditions are —(a)
the film is made for the sole purpose of including the work in a television broadcast or cable programme;
(b)
X would not infringe the copyright in the work by including it in a television broadcast or cable programme;
(c)
the first copy of the film is used only —(i)
for the purpose of including the work in a television broadcast or cable programme in circumstances that do not infringe the copyright in the work; or
(ii)
to make further copies for that purpose;
(d)
if X is not the maker of the television broadcast or cable programme —(i)
X pays to the copyright owner an amount agreed between them for the making of the film; or
(ii)
X undertakes in writing to pay the copyright owner the amount that a Copyright Tribunal decides is equitable remuneration for the making of the film; and
(e)
within the prescribed time, every copy of the film made under this section is —(i)
delivered to the National Archives with the consent of the Director of National Archives; or
(ii)
destroyed.
Copying sound recordings or recordings of performances for broadcasting
253.—(1) If the conditions in subsection (2) are met, it is a permitted use for a person (X) to —(a)
make a copy of —(i)
a sound recording; or
(ii)
a recording of a protected performance; or
(b)
record a protected performance live.
(2) The conditions are —(a)
the copy or recording is made for the sole purpose of broadcasting the recording;
(b)
the copy or recording is used only —(i)
for the purpose of broadcasting the copy or recording in circumstances that do not constitute a rights infringement in relation to the sound recording or protected performance; or
(ii)
to make further copies for that purpose;
(c)
if X is not the person broadcasting the recording —(i)
X pays to the rights owner an amount agreed between them for the making of the copy or recording; or
(ii)
X undertakes in writing to pay the rights owner the amount that a Copyright Tribunal decides is equitable remuneration for the making of the copy or recording; and
(d)
within the prescribed time, every copy or recording made under this section is —(i)
delivered to the National Archives with the consent of the Director of National Archives; or
(ii)
destroyed.
Checking whether broadcast of sound recording or recording of performance is lawful
254.—(1) This section applies where a sound recording, a protected performance or a recording of a protected performance is intended for broadcast or is broadcast.
(2) The following acts are permitted uses if they are done for the purpose of checking whether the broadcast or intended broadcast complies with any written law administered by a statutory authority:(a)
making a copy of the sound recording or recording of the protected performance for the authority;
(b)
supplying the sound recording or recording of the protected performance to the authority;
(c)
any use of the sound recording or recording of the protected performance by the authority or any of its authorised officers;
(d)
recording the protected performance live.
Making sound recordings or films of literary, dramatic or musical works for simulcasting
255.—(1) If the conditions in subsection (2) are met, it is a permitted use for a person to make a copy of a literary, dramatic or musical work.
(2) The conditions are —(a)
the copy is a sound recording or film of the work;
(b)
broadcasting the work would not infringe the copyright in the work;
(c)
the copy is made for the sole purpose of simulcasting the work in digital form;
(d)
the copy is used only —(i)
for the purpose of simulcasting the work in circumstances that do not constitute an infringement of the copyright in the work; or
(ii)
to make more copies for that purpose; and
(e)
every copy made under this section is destroyed within the prescribed time.
(3) In this section and section 256, “simulcasting” means simultaneously broadcasting in both analogue form and digital form.
Copying sound recordings, recordings of performances, or films for simulcasting
256.—(1) If the conditions in subsection (2) are met, it is a permitted use to make a copy of any of the following material:(a)
a sound recording;
(b)
a film;
(c)
a recording of a protected performance.
(2) The conditions are —(a)
broadcasting the material would not be a rights infringement in relation to the material;
(b)
the copy is made for the sole purpose of simulcasting the material in digital form;
(c)
the copy is used only —(i)
for the purpose of simulcasting the material in circumstances that do not constitute a rights infringement in relation to the material; or
(ii)
to make further copies for that purpose; and
(d)
every copy of the material made under this section is destroyed within the prescribed time.
Reception of broadcasts or cable programmes
257.—(1) It is a permitted use of a literary, dramatic or musical work for a person to —(a)
receive a broadcast or a cable programme; and
(b)
thereby cause the work to be seen or heard (or both) in public.
(2) It is a permitted use of a sound recording or a recording of a protected performance for a person to —(a)
receive a broadcast or a cable programme; and
(b)
thereby cause the recording to be heard in public.
Deemed copyright licences when receiving or transmitting broadcasts or cable programmes
258.—(1) A person is deemed to have the licence of the copyright owner of a film to —(a)
cause the visual images of the film to be seen in public or any sounds of the film to be heard in public (or both) by receiving a television broadcast or cable programme; and
(b)
cause the film to be included in a programme in a cable programme service by receiving and immediately re‑transmitting a Singapore broadcast.
(2) A person is deemed to have the licence of the copyright owner of a sound recording to —(a)
cause the recording to be heard in public by receiving a broadcast or cable programme; and
(b)
cause the recording to be included in a programme in a cable programme service by receiving and immediately re‑transmitting a Singapore broadcast.
(3) A person is deemed to have the licence of the copyright owner of an authorial work (or of an adaptation of the work) to cause the work (or the adaptation) to be included in a programme in a cable programme service by receiving and immediately re‑transmitting a Singapore broadcast.
(4) To avoid doubt, subsections (1)(b), (2)(b) and (3) do not extend to making the film, recording, work or adaptation available on a network.
(5) If the broadcast or cable programme mentioned in subsection (1), (2) or (3) is not made by or with the licence of the relevant copyright owner —(a)
this does not prevent any of those provisions from applying; but
(b)
the acts that are licensed by those provisions must be taken into account in assessing damages for any infringement of the copyright by the maker of the broadcast or programme.
(6) In this section, “Singapore broadcast” means a broadcast made from a place in Singapore by the holder of a broadcasting licence.
Source: Singapore Statutes Online (Attorney-General's Chambers), © Government of Singapore.
