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Copyright Act 2021 Division 19 — Notation of copies

s 301–s 303 · 3 sections

Compiled from an official source version. Later amendments or repeals may not be reflected; the official text prevails. · Read the official text ↗

When and how should copies be notated

s 301

301.—(1) Where a copy (including a microform copy and an accessible format copy) of a work, or of a recording of a protected performance, is required to be notated according to this section, the notation must —(a) in the case of a copy (being a sound recording) made under Division 4 (persons with print disabilities) —(i) be in the form of a sound recording of a prescribed message; (ii) be embodied in the copy when the copy is made; and (iii) be embodied in a way that the message can be heard immediately before the underlying work or performance is heard;[Act 31 of 2022 wef 01/11/2022] (b) in the case of a copy made under section 227 or 232 (relating to public collections) —(i) be made on or attached to the copy at or about the time the copy is made; (ii) state the institution (or the custodian of a public collection) —(A) that made the copy; or (B) on whose behalf the copy is made; and (iii) state the date on which the copy is made; and (c) in any other case —(i) be made on the copy at or about the time the copy is made; (ii) state the institution (or the custodian of a public collection) —(A) that made the copy; or (B) on whose behalf the copy is made; and (iii) state the date on which the copy is made. (2) For the purposes of subsection (1) —(a) a copy is made on behalf of an institution if it is made or caused to be made —(i) by an authorised officer of a library of the institution; or (ii) by or on behalf of the body administering the institution; and (b) a copy is made on behalf of the custodian of a public collection (other than a library of an institution) if it is made or caused to be made by an authorised officer of the custodian. (3) In this section, “microform copy”, in relation to the whole or a part of a work, means a copy of the whole or part of the work produced by miniaturising the graphic symbols of which the work is composed.

Presumptions relating to notated copy

s 302

302.—(1) In the following proceedings, a copy that is notated in accordance with section 301 is prima facie proof of the notated matters:(a) proceedings for rights infringements; (b) proceedings for contravening any provision of this Act; (c) proceedings in a Copyright Tribunal to decide the amount of equitable remuneration for making the copy. (2) For the purpose of subsection (1), unless the contrary is proved, a copy is presumed to be notated at the time required in section 301 if it appears to be otherwise notated in accordance with that section.

Making false or misleading notation

s 303

303.—(1) A person commits an offence if —(a) the person makes a notation that is for, or appears to be for, the purposes of section 301; and (b) the person knows or ought reasonably to know that the notation contains any material information that is false or misleading. (2) A person convicted of an offence under subsection (1) shall be liable on conviction to a fine not exceeding $2,000.

Back to Copyright Act 2021 — full text

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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 ↗

Source: Singapore Statutes Online (Attorney-General's Chambers), © Government of Singapore.

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