Interpretation: when is a copy or recording made or used for the educational purposes of an educational institution
Open ↗195.—(1) For the purposes of this Division, a copy of a work or a recording of a protected performance is taken to be made or used for the educational purposes of an educational institution if —(a)
the copy or recording is made for use, or is used, in connection with a course of education provided by the institution; or
(b)
the copy or recording is made for inclusion, or is included, in the collection of a library of the institution.
(2) Subsection (1) does not limit the meaning of “educational purposes” in this Act.
Copying authorial work by non‑reprographic means for course of education
Open ↗196.—(1) If the conditions in subsection (2) are met, it is a permitted use to make a copy of an authorial work.
(2) The conditions are —(a)
the copy is made for the purposes of a course of education;
(b)
the copy is made by a person conducting or undergoing the course; and
(c)
the copy is not made by a reprographic process.
(3) In this section, “reprographic process” —(a)
means a process —(i)
for making facsimile copies (whether of the same scale or not); or
(ii)
involving the use of an appliance for making multiple copies; and
(b)
includes, in relation to an authorial work in electronic form, any copying by electronic means, but does not include the making of a film or sound recording.
Copying or communicating very small portions of literary or dramatic work for course of education provided by educational institutions
Open ↗197.—(1) If the conditions in subsection (2) are met, it is a permitted use of a literary or dramatic work for a person (X) to —(a)
make a copy of a part (but not the whole) of the work in an edition of the work; or
(b)
communicate a part (but not the whole) of the work in an edition of the work.
(2) The conditions are —(a)
the copy or communication is made for the purposes of a course of education provided by an educational institution;
(b)
either —(i)
the copy or communication is made on or from the institution’s premises; or
(ii)
the copy (being an electronic copy) or communication is made on a network operated or controlled by the institution;
(c)
the part of the work that is copied or communicated does not exceed —(i)
if the edition has 500 pages or less — 5 pages;
(ii)
if the edition has more than 500 pages — 5% of the total number of pages in the edition;
(iii)
if the edition is an electronic edition and is not divided into pages —(A)
5% of the total number of bytes in the edition; and
(B)
5% of the total number of words in the edition or, where it is not practicable to use the total number of words as a measure, 5% of the contents of the edition; and
(d)
in the 14 days before the day on which the work is copied or communicated, X does not (whether on X’s own behalf or on behalf of another person) —(i)
copy or communicate any part of the work; or
(ii)
cause any part of the work to be copied or communicated.
(3) In this section, a reference to a literary or dramatic work includes a reference to an explanatory or illustrative artistic work accompanying the literary or dramatic work.
Copying or communicating material for educational purposes of educational institutions
Open ↗198.—(1) If the conditions in subsection (2) are met and subject to section 199, it is a permitted use to —(a)
make a copy of any of the following material:(i)
an authorial work;
(ii)
a recording of a protected performance; or
(b)
communicate the material.
(2) The conditions are —(a)
the copy or communication is made by or on behalf of the body (X) administering an educational institution for the educational purposes of any educational institution;
(b)
in the case of an article in a periodical publication —(i)
the copy or communication does not include 2 or more articles contained in the same periodical publication; or
(ii)
the copied or communicated articles relate to the same subject matter;
(c)
in the case of any other material that has been separately published —(i)
not more than a reasonable portion of the material is copied or communicated; or
(ii)
before the material is copied or communicated, X (or a person acting on behalf of X) —(A)
makes a reasonable investigation; and
(B)
is satisfied that there is no new copy of the material that could be obtained within a reasonable time at an ordinary commercial price;
(d)
in the case of subsection (1)(a) — the copy is notated according to section 301; and
(e)
as soon as practicable after the copy or communication is made, the prescribed record is made by or on behalf of X.
(3) The record mentioned in subsection (2)(e) may, if the copy or communication is exempt, state so.
(4) X must pay equitable remuneration to the rights owner if —(a)
the rights owner makes a written request within the prescribed time after the copy or communication is made; and
(b)
the copy or communication is —(i)
not exempt; or
(ii)
not stated as exempt in the record made under subsection (2)(e).
(5) The amount of equitable remuneration is to be —(a)
agreed between X and the rights owner; or
(b)
in default of agreement, decided by a Copyright Tribunal.
(6) For the purposes of this section —(a)
without limiting section 195, a copy or communication is taken to be made for the educational purposes of any educational institution if it is made in an electronic form on a network operated or controlled by the institution for the purpose of being accessed by persons undertaking a course of education provided by the institution or another educational institution; and
(b)
a copy or communication made for the educational purposes of an educational institution is exempt if —(i)
the copy is made for distribution, or the communication is made, to persons undertaking a correspondence course or an external study course provided by the institution;
(ii)
the copy is not distributed, or the communication is not made, as part of the lecture notes prepared for the course;
(iii)
in the case of an authorial work other than an article in a periodical publication — only a reasonable portion of the work is copied or communicated; and
(iv)
in the case of a recording of a protected performance — only a reasonable portion of the recording is copied or communicated.
(7) This section does not affect the right of the rights owner of an authorial work to grant a licence to, or the right of the rights owner of a protected performance to authorise, the body administering an educational institution —(a)
to make, or cause to be made, copies of the work or recordings of the performance; or
(b)
to communicate, or cause to be communicated, the work or performance.
(8) For the purposes of this section, an article in a periodical publication or a literary, dramatic or musical work is taken to include an explanatory or illustrative artistic work accompanying the article or the literary, dramatic or musical work.
Suspension of section 198 for contravention of record keeping requirements
Open ↗199.—(1) Subject to this section, a Copyright Tribunal may make an order suspending the application of the whole of section 198 in relation to a body administering an educational institution.
(2) A suspension order may only be made on an application by the Attorney‑General.
(3) A suspension order against a body administering an educational institution may only be made if —(a)
the body has been convicted of 2 or more record keeping offences;
(b)
the administrator of the institution has been convicted of 2 or more record keeping offences; or
(c)
the body and the administrator of the institution has each been convicted of one record keeping offence and the offences arise from separate transactions.
(4) A suspension order may not be made against a body administering an educational institution if the Tribunal is satisfied that the body has taken all reasonable steps to ensure that no further record keeping offences will be committed in relation to copies made by or on behalf of the body.
(5) The Tribunal may revoke a suspension order against a body administering an educational institution —(a)
on the application of the body; and
(b)
if the Tribunal is satisfied that the body has taken all reasonable steps to ensure that no further record keeping offences will be committed in relation to copies made by or on behalf of the body.
(6) In this section —“administrator”, in relation to an educational institution, means the person who is responsible for the day‑to‑day administration of the institution;
“record keeping offence” means —(a)
any prescribed offence relating to the keeping of records for the purposes of section 198(2)(e); or
(b)
any offence mentioned in section 166(1) of the 1987 Act;
“suspension order” means an order under subsection (1).
Copying broadcasts or cable programmes for educational purposes
Open ↗200.—(1) If the conditions in subsection (2) are met, it is a permitted use to make a copy of a broadcast or cable programme.
(2) The conditions are —(a)
the copy is made by or on behalf of the body administering an educational institution; and
(b)
the copy is not used except for the purposes of a course of education at that institution.
(3) A permitted use of a broadcast or cable programme under this section is also a permitted use of a work or protected performance included in the broadcast or programme.
Copying for purposes of teaching or learning film making
Open ↗201.—(1) If the conditions in subsection (2) are met, it is a permitted use for a person (X) to do the following acts:(a)
make a copy of —(i)
a sound recording;
(ii)
a film;
(iii)
a broadcast;
(iv)
a cable programme;
(v)
a recording of a protected performance;
(b)
record a protected performance live.
(2) The conditions are —(a)
X is teaching, or learning from, another person how to make a film or a soundtrack of a film;
(b)
for that purpose, X makes a film or a soundtrack of a film; and
(c)
the act is done in the course of making that film or soundtrack.
Things done for purposes of examination
Open ↗202. It is a permitted use of a work or protected performance to do anything for the purposes of an examination, including —(a)
setting the questions;
(b)
communicating the questions to the candidates; and
(c)
answering the questions.
Inclusion of authorial work in collections for use by educational institutions
Open ↗203.—(1) If the conditions in subsection (2) are met, it is a permitted use to include a short extract of an authorial work in a collection of authorial works.
(2) The conditions are —(a)
the work has been published;
(b)
the work was not published for the purpose of being used by educational institutions;
(c)
the collection is contained in a book, sound recording or film;
(d)
the collection is intended for use by educational institutions and this intention is described —(i)
in the book;
(ii)
on the label or container of each copy of the recording; or
(iii)
in the film;
(e)
the work is sufficiently acknowledged; and
(f)
the collection and any similar recent collection do not contain, in total, more than one other extract from —(i)
any other authorial work (being a copyright work) by the same author; or
(ii)
any adaptation of a literary, dramatic or musical work (being a copyright work) by the same author.
(3) For the purposes of this section —(a)
2 authorial works (including adaptations) are taken to have the same author if the same person is —(i)
the author or an author of both works; or
(ii)
the author of one work and an author of the other work; and
(b)
“similar recent collection” means a collection that is —(i)
published by the same publisher that published the collection mentioned in subsection (1);
(ii)
published in the 5 years immediately before the publication of the collection mentioned in subsection (1);
(iii)
intended for use by educational institutions; and
(iv)
otherwise similar to the collection mentioned in subsection (1).
Using material available on Internet for educational purposes
Open ↗204.—(1) If the conditions in subsection (2) are met, the following acts are permitted uses:(a)
making a copy of a work or a recording of a protected performance;
(b)
communicating a work or a recording of a protected performance to the public;
(c)
making an adaptation of a literary, dramatic or musical work;
(d)
recording a protected performance live.
(2) The conditions are —(a)
the work, recording or performance was accessed by the person (X) using the Internet;
(b)
when X accessed the work, recording or performance, it was generally accessible by the public free of charge using the Internet;
Illustrations
(a) A work, recording or performance is not generally accessible to the public if it is accessible only for a limited period that cannot be renewed or extended (for example, under a one‑time trial subscription).
(b) A work, recording or performance is not generally accessible to the public if it is accessible only by circumventing an access control measure in circumstances that constitute an infringement of Division 4 of Part 7 (protection of technological measures).
(c) A work, recording or performance is not accessible free of charge if it is only accessible under a paid subscription, even if not all users of the subscription paid for it.
(c)
either —(i)
X is a public officer or an officer of a public body, and the act is done for the purpose of developing or implementing a curriculum for an educational institution; or
(ii)
X is a student of or a member of the staff of an educational institution, and the act is done for the educational purposes of that institution;
(d)
X cites (or causes to be cited) the Internet source from which the work, recording or performance was accessed and the date on which the source was accessed;
(e)
X gives (or causes to be given) a sufficient acknowledgment of the work, recording or performance, if and to the extent that the necessary information is available from the Internet source;
(f)
in the case of subsection (1)(b) — the communication is done on —(i)
a network —(A)
that is operated or controlled by an educational institution; and
(B)
to which access is limited to the students or staff of that institution; or
(ii)
a prescribed platform; and
(g)
if the work, recording or performance has been made available on the Internet in circumstances that constitute a rights infringement —(i)
X does not know and is not notified of this fact when X does the acts mentioned in subsection (1); and
(ii)
if X is subsequently notified of this fact —(A)
X stops doing any of the acts mentioned in subsection (1); and
(B)
insofar as the work or recording has been communicated to the public, X takes reasonable steps to prevent the public from further accessing the work, recording or performance.
(3) Without limiting the expression “educational purposes” elsewhere in this Act, for the purposes of this section, the following are taken to be acts done for educational purposes:(a)
collaborative research;
(b)
acts done for the purposes of teaching or study;
(c)
organising or participating in an exhibition or a competition (whether within an educational institution or at the national or international level).
Performances by students or staff of educational institutions, etc.
Open ↗205.—(1) If the conditions in subsection (2) are met, it is a permitted use to perform a musical work in public.
(2) The conditions are —(a)
the work is performed for an audience by the students or staff of an educational institution (whether on the premises of the institution or elsewhere); and
(b)
the performance is in the course of the institution’s activities.
(3) If the conditions in subsection (4) are met, it is a permitted use to perform a literary or dramatic work in public.
(4) The conditions are —(a)
the work is performed for an audience by the students or staff of an educational institution (whether on the premises of the institution or elsewhere);
(b)
the audience is limited to —(i)
persons who teach or study at the institution; and
(ii)
persons directly connected with the institution; and
(c)
the performance is in the course of the institution’s activities.
(5) If the conditions in subsection (6) are met, it is a permitted use to —(a)
cause the visual images or sounds that are part of any of the following works to be seen or heard in public (or both):(i)
a sound recording;
(ii)
a film;
(iii)
a television broadcast;
(iv)
a cable programme; or
(b)
cause a protected performance to be seen or heard (or both) live in public.
(6) The conditions are —(a)
the images or sounds are caused, by the students or staff of an educational institution, to be seen or heard by an audience (whether on the premises of the institution or elsewhere);
(b)
the audience is limited to —(i)
persons who teach or study at the institution; and
(ii)
persons directly connected with the institution; and
(c)
the images are caused to be seen, or the sounds are caused to be heard, in the course of the institution’s activities.
(7) For the purposes of this section —(a)
a person is directly connected with an educational institution if he or she is a parent, a guardian, or a sibling of a student of the institution; and
(b)
the staff of an educational institution includes —(i)
any adjunct staff of the institution; and
(ii)
any person engaged by the institution to conduct any course of instruction, activity or programme of or offered by the institution.
Source: Singapore Statutes Online (Attorney-General's Chambers), © Government of Singapore.
