Interpretation: what is a public act
284.—(1) In this Division, “public act” means any act that is —(a)
done by —(i)
the Government; or
(ii)
a person with the written authority of the Government —(A)
whether the authority is given before or after the act; and
(B)
whether or not the person also has the licence of the relevant rights owner to do the act; and
(b)
done for the service of the Government.
(2) For the purposes of subsection (1)(b) —(a)
where the Government agrees or arranges with another country to supply goods to that country for its defence, the following acts are taken to be for the service of the Government:(i)
any act done in connection with supplying those goods under the agreement or arrangement;
(ii)
the sale of any of those goods that are not required under the agreement or arrangement; and
(b)
copying an authorial work for the teaching purposes of an educational institution of, or under the control of, the Government is not an act done for the service of the Government.
Public act is permitted use
285.—(1) A public act in relation to a work or protected performance is a permitted use.
(2) As soon as practicable after a public act is done, the Government must —(a)
inform the relevant rights owner in the prescribed manner; and[Act 31 of 2022 wef 01/11/2022]
(b)
give the rights owner any information that the rights owner may reasonably require from time to time.
(3) However, subsection (2) does not require the Government to do anything that it considers to be against the public interest.
Terms for doing public act
286.—(1) The terms for doing a public act are to be —(a)
agreed between the Government and the rights owner (whether before or after the act is done); or
(b)
in default of agreement, decided by a Copyright Tribunal.
(2) Unless it is approved by the Minister, an agreement or a licence that fixes the terms on which a person (other than the Government) may do a public act is void to the extent that it purports to apply to any act done after 10 April 1987.
(3) Subsection (2) applies to any agreement or licence made or granted before, on or after 10 April 1987.
Public act does not constitute publication
287. A public act —(a)
is not to be treated, for the purposes of this Act, as publishing a work or a recording of a protected performance; and
(b)
must be ignored in determining the duration of any copyright under this Act.
Protection of purchaser in sale in course of public act
288.—(1) This section applies where, by virtue of section 285, the sale of an article is not a rights infringement.
(2) The purchaser and any person claiming through the purchaser is entitled to deal with the article as if the Government is the rights owner.
Modification when exclusive copyright licence in force
289. In this Division (except section 288), “rights owner”, in relation to any copyright that is subject to an exclusive licence, means the exclusive licensee.
Source: Singapore Statutes Online (Attorney-General's Chambers), © Government of Singapore.
