Temporary copies made in course of communication
292.—(1) If the conditions in subsection (2) are met, it is a permitted use to make a temporary copy of —(a)
a work; or
(b)
a recording of a protected performance.
(2) The conditions are —(a)
the temporary copy is made incidentally as part of the technical process of making or receiving a communication;
(b)
the act of making the communication is not a rights infringement;
(c)
the communicated copy —(i)
is made in Singapore and is not an infringing copy of the work or performance; and
(ii)
is made outside Singapore and would not, had it been made in Singapore, be an infringing copy of the work or performance; and
(d)
if the work is an adaptation of a literary, dramatic or musical work, the communicated copy —(i)
is made in Singapore and is not an infringing copy of the adaptation; and
(ii)
is made outside Singapore and would not, had it been made in Singapore, be an infringing copy of the adaptation.
(3) This section does not permit any subsequent use of the temporary copy.
Temporary copies made in user caching
293.—(1) If the conditions in subsection (2) are met, it is a permitted use to make a temporary and incidental electronic copy of —(a)
a work; or
(b)
a recording of a protected performance.
(2) The conditions are —(a)
the copy is made from an electronic copy of the work or recording that is made available on a network; and
(b)
the making of the firstmentioned copy is needed for a user of the network (or another network) to see, hear or use the work or recording.
Transfer of electronic copy of material
294.—(1) This section applies where —(a)
an electronic copy of any material (called in this section the first copy) is purchased on or after 15 December 1999; and
(b)
the terms of purchase (whether expressed or implied), or any rule of law, allow the purchaser to do any of the following acts in connection with the use of the copy:(i)
make a copy of the material;
(ii)
make an adaptation of the material;
(iii)
make a copy of an adaptation of the material.
(2) If the purchaser transfers the first copy, any act done by the transferee in relation to the copy is a permitted use of a work or protected performance if —(a)
the purchaser is allowed to do the act; and
(b)
there is no express term that —(i)
prohibits the purchaser from transferring the copy;
(ii)
imposes an obligation on the purchaser or transferee that continues after the transfer;
(iii)
prohibits the assignment of any licence in relation to the material;
(iv)
terminates any licence in relation to the material if the copy is transferred; or
(v)
regulates the terms on which the transferee may do the acts that the purchaser is allowed to do.
(3) However, after the transfer, any copy (including the first copy), adaptation or copy of an adaptation that is retained by the purchaser is to be treated as an infringing copy of the work or performance, as the case may be.
(4) Subsections (2) and (3) also apply where the first copy is unusable and a further copy is transferred instead.
(5) Subsections (2), (3) and (4) also apply to a subsequent transfer, and for this purpose a reference to the purchaser in subsections (2) and (3) is to be read as a reference to the subsequent transferor.
Reading or recitation of literary or dramatic works
295.—(1) If the conditions in subsection (2) are met, it is a permitted use to —(a)
read or recite, in public, an extract from a literary or dramatic work; or
(b)
include, in a communication of a reading or recitation, an extract from a literary or dramatic work.
(2) The conditions are —(a)
the work has been published;
(b)
the extract is of a reasonable length; and
(c)
the work is sufficiently acknowledged.
Religious performances of literary, dramatic or musical works
296.—(1) If the conditions in subsection (2) are met, it is a permitted use to perform a literary, dramatic or musical work.
(2) The conditions are —(a)
the work is of a religious nature; and
(b)
the performance is in the course of services at a place of worship or other religious assembly.
Using adaptations of literary, dramatic or musical works
297.—(1) Subject to subsection (2), where an act in relation to a literary, dramatic or musical work is a permitted use of the work under any provision of this Part, the same act in relation to an adaptation of the work is also a permitted use.
(2) For the purposes of subsection (1) —(a)
if it is a condition of the permitted use that the work must be sufficiently acknowledged, the condition applies to both an act done in relation to the work and an act done in relation to the adaptation; and
(b)
subject to any prescribed modification, any other condition of the permitted use, so far as it relates to the work, is to be read as a condition relating to the adaptation.Illustration
Reading an extract of an adaptation of a literary work is a permitted use of the work under section 295 if the adaptation has been published, the extract is of a reasonable length, and the work is sufficiently acknowledged.
Copying published editions of authorial works in course of permitted use of authorial works
298. It is a permitted use of a published edition of an authorial work (or authorial works) to make a copy of the edition in the course of any other permitted use of that work (or any, some or all of those works).
Private and domestic use
299.—(1) If the condition in subsection (2) is met, it is a permitted use for a person to —(a)
make a copy of any of the following material:(i)
a broadcast;
(ii)
a cable programme;
(iii)
a recording of a protected performance; or
(b)
record a protected performance live.
(2) The copy or recording must be for the private and domestic use of the person.
(3) A permitted use under subsection (1)(a) is also a permitted use of a work or protected performance included in the material.
(4) A permitted use under subsection (1)(b) is also a permitted use of a work included in the performance.
(5) For the purposes of this section, a copy or recording is not made for private and domestic use if it is made for the purpose of —(a)
commercial dealing;
(b)
broadcasting;
(c)
inclusion in a cable programme; or
(d)
causing the relevant visual images and sounds to be seen or heard (or both) in public.
Recording performance, etc., in mistaken belief of authorisation
300.—(1) If the condition in subsection (2) is met, it is a permitted use for a person (X) to do any of the following acts:(a)
make a copy of a recording of a protected performance;
(b)
record a protected performance live.
(2) Because of a fraudulent or an innocent misrepresentation made to X, X believes that the rights owner has authorised X to do the act.
Source: Singapore Statutes Online (Attorney-General's Chambers), © Government of Singapore.
