Copying by institution aiding persons with intellectual disabilities — authorial works
217.—(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 work has been published;
(b)
the copy is made by or on behalf of a body (X) administering an institution aiding persons with intellectual disabilities;
(c)
the copy is made for the sole purpose of aiding persons with intellectual disabilities (whether the aid is provided by the institution or not);
(d)
before the copy is made, X (or a person acting on behalf of X) —(i)
makes a reasonable investigation; and
(ii)
is satisfied that there is no new copy of the work that —(A)
has been separately published;
(B)
is in a form that is suitable for aiding persons with intellectual disabilities; and
(C)
could be obtained within a reasonable time at an ordinary commercial price;
(e)
the copy is notated according to section 301; and
(f)
as soon as practicable after the copy is made, the prescribed record is made by or on behalf of X.
(3) X must pay equitable remuneration to the copyright owner if the latter makes a written request within the prescribed time after the copy is made.
(4) The amount of equitable remuneration is to be —(a)
agreed between X and the copyright owner; or
(b)
in default of agreement, decided by a Copyright Tribunal.
(5) In this section, “new copy” means a copy that is not secondhand.
Copying, etc., by institution aiding persons with intellectual disabilities — protected performances
218.—(1) If the conditions in subsection (2) are met, it is a permitted use to —(a)
make a copy of a recording of a protected performance; or
(b)
record a protected performance live.
(2) The conditions are —(a)
the copy or recording is made by or on behalf of a body administering an institution aiding persons with intellectual disabilities; and
(b)
the copy or recording is made for the sole purpose of aiding persons with intellectual disabilities (whether the aid is provided by the institution or not).
Copyright not to vest by virtue of making copy for aiding persons with intellectual disabilities
219.—(1) This section applies where a copy of an authorial work is made —(a)
by or on behalf of a body administering an institution aiding persons with intellectual disabilities; and
(b)
for the sole purpose of aiding persons with intellectual disabilities (whether the aid is provided by the institution or not).
(2) Despite any other provision of this Act, copyright does not vest in the person who made the copy just because the person made that copy under the provisions of this Division.
Rights owner’s right to license or authorise not affected
220. This Division does not affect —(a)
the right of the owner of the copyright in an authorial work to grant a licence to the body administering an institution aiding persons with print disabilities to make, or cause to be made, copies of the work; or
(b)
the right of the rights owner of a protected performance to authorise the body administering an institution aiding persons with print disabilities to —(i)
record, or cause to be recorded, the protected performance live; or
(ii)
make, or cause to be made, copies of recordings of the protected performance.
Source: Singapore Statutes Online (Attorney-General's Chambers), © Government of Singapore.
