Interpretation: what is a public register
277.—(1) In this Division, “public register” —(a)
subject to paragraphs (b) and (c), means any collection (however named) of documents or materials to which the following criteria apply:(i)
the collection is maintained by the Government or a public body under any written law;
(ii)
the Government or public body (as the case may be) is required or permitted by law —(A)
to open the collection for inspection by the public (whether for a fee or not); or
(B)
to provide copies of the documents or materials to a member of the public (whether for a fee or not);
(b)
includes any prescribed collection of documents or materials; and
(c)
does not include a public collection and any prescribed collection of documents or materials.
(2) For the purposes of subsection (1)(a)(ii) and without otherwise affecting the meaning of “public” in this Act, public includes a segment of the public.
Copying or communicating material in public registers
278.—(1) If the conditions in subsection (2) are met, it is a permitted use to —(a)
make a copy of any of the following material:(i)
a work;
(ii)
a recording of a protected performance; or
(b)
communicate the material to the public.
(2) The conditions are —(a)
the material is part of a public register;
(b)
if the register is maintained by the Government — the copy or communication is made by or with the authority of the Government;
(c)
if the register is maintained by a public body — the copy or communication is made by or with the authority of the public body; and
(d)
the copy or communication is made —(i)
to facilitate the inspection of the register, or the provision of copies from the register, as required or permitted by law;
(ii)
to facilitate the exercise of any right that the law mentioned in sub‑paragraph (i) is meant to facilitate; or
(iii)
for the purpose of maintaining the register.
(3) Where —(a)
an act is a permitted use of any material under this section; and
(b)
copies of the material are supplied to the public as part of, or incidentally to, that act,
the supply of those copies —
(c)
is not to be treated, for the purposes of this Act, as publishing the material (or any work or recording included in the material); and
(d)
must be ignored in determining the duration of any copyright in the material (or the included work).
Copying literary or artistic works in public registers
279.—(1) If the conditions in subsection (2) are met, it is a permitted use to make a copy of a literary or an artistic work.
(2) The conditions are —(a)
the work is part of a public register;
(b)
if the register is maintained by the Government — the copy is made by or with the authority of the Government;
(c)
if the register is maintained by a public body — the copy is made by or with the authority of the public body;
(d)
the copy is limited to factual information of any description in the work; and
(e)
the copy is not supplied to the public.
Interpretation: what is publicly disclosed material
280.—(1) In this Division, a work or a recording of a protected performance is publicly disclosed material if —(a)
it is in the possession, custody or control of the Government or a public body;
(b)
it is supplied, communicated or otherwise disclosed to the public by or with the authority of the Government or public body; and
(c)
the supply, communication or disclosure is required or permitted by law (other than this Act).
(2) For the purposes of subsection (1)(b) and without otherwise affecting the meaning of “public” in this Act, public includes a segment of the public.
Copying or communicating publicly disclosed material
281.—(1) If the conditions in subsection (2) are met, it is a permitted use to —(a)
make a copy of any of the following material:(i)
a work;
(ii)
a recording of a protected performance; or
(b)
communicate the material to the public.
(2) The conditions are —(a)
the material —(i)
is already publicly disclosed material; or
(ii)
becomes publicly disclosed material by virtue of a copy of the material being supplied as part of, or incidentally to, the act of making or communicating the copy;
(b)
if the material is in the possession, custody or control of the Government — the copy or communication is made by or with the authority of the Government;
(c)
if the material is in the possession, custody or control of a public body — the copy or communication is made by or with the authority of the public body; and
(d)
the copy or communication is made —(i)
to facilitate the more convenient viewing or hearing of the material; or
(ii)
for the purpose of supplying, communicating or disclosing the material as required or permitted by the law mentioned in section 280(1)(c).
(3) Where —(a)
an act is a permitted use of any material under this section; and
(b)
copies of the material are supplied to the public as part of, or incidentally to, that act,
the supply of those copies —
(c)
is not to be treated, for the purposes of this Act, as publishing the material (or any work or recording included in the material); and
(d)
must be ignored in determining the duration of any copyright (or the included work).
Copying literary or artistic works that are publicly disclosed material
282.—(1) If the conditions in subsection (2) are met, it is a permitted use to make a copy of a literary or an artistic work.
(2) The conditions are —(a)
the work is publicly disclosed material;
(b)
if the work is in the possession, custody or control of the Government — the copy is made by or with the authority of the Government;
(c)
if the work is in the possession, custody or control of a public body — the copy is made by or with the authority of the public body;
(d)
the copy is limited to factual information of any description in the work; and
(e)
the copy is not supplied to the public.
Data sharing within public sector
283.—(1) If the conditions in subsection (2) are met, it is a permitted use to —(a)
make a copy of any of the following material:(i)
a work;
(ii)
a recording of a protected performance; or
(b)
communicate the material.
(2) The conditions are —(a)
the material is in the possession, custody or control of the Government or a public body;
(b)
the copy or communication is made by a public body for the purpose of complying with a data sharing direction; and
(c)
copies of the material are not supplied, communicated or otherwise disclosed to any person otherwise than for the purpose of complying with the direction.
(3) For the purposes of this Act, the supply of copies of any material in circumstances to which this section applies —(a)
is not to be treated as publishing the material (or any work or recording included in the material); and
(b)
must be ignored in determining the duration of any copyright in the material (or the included work).
(4) In this section, “data sharing direction” has the meaning given by section 2(1) of the Public Sector Governance Act 2018.
Source: Singapore Statutes Online (Attorney-General's Chambers), © Government of Singapore.
