Interpretation: what is an article in a periodical publication
s 221
221. In this Division, “article”, in relation to a periodical publication, means anything (other than an artistic work) appearing in the publication.
Copyright Act 2021 Division 6 — Public collections: galleries, libraries, archives and museums
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Public use and enjoyment — copying for public exhibitions
s 222
222.—(1) If the conditions in subsection (2) are met, it is a permitted use to make a copy of any of the following material:(a) an authorial work; (b) a sound recording; (c) a film; (d) a recording of a protected performance. (2) The conditions are —(a) the material is part of a public collection; (b) the copy is made by or on behalf of the custodian of the public collection; (c) the copy is made for the purpose of an exhibition of the material that is held —(i) by or on behalf of the custodian of the public collection; and (ii) at any premises that are open to the public (whether for a fee or otherwise); (d) the copy is not used for any other purpose; and (e) before the copy is made, an authorised officer of the public collection —(i) makes a reasonable investigation; and (ii) declares that he or she is satisfied that a new copy of the material could not be obtained within a reasonable time at an ordinary commercial price.
Public use and enjoyment — publicising public exhibitions
s 223
223.—(1) If the conditions in subsection (2) are met, it is a permitted use to —(a) make a copy of any of the following material:(i) an authorial work; (ii) a sound recording; (iii) a film; (iv) a recording of a protected performance; or (b) communicate the material to the public. (2) The conditions are —(a) the material is part of a public collection; (b) the copy or communication is made by or on behalf of the custodian of the public collection; (c) the material is copied or communicated, and supplied to the public, for the purpose of publicising an exhibition of the material that is held —(i) by or on behalf of the custodian of the public collection; and (ii) at any premises that are open to the public (whether for a fee or otherwise); (d) the copy is not used for any other purpose and is not sold as merchandise; (e) the copy is not a reasonable substitute for the material; and (f) any fee charged for the copy (or any material that includes the copy) does not exceed the cost of making and supplying the copy (or any material that includes the copy) plus a reasonable contribution to the general expenses of the public collection. (3) For the purposes of subsection (2)(e) —(a) relevant factors include the extent of copying and any difference in quality between the copy and the material that is copied; and (b) a copy of the whole or substantially the whole of a film or recording is taken to be a reasonable substitute of the film or recording. (4) For the purposes of this Act, the supply of copies of any material in circumstances to which this section applies —(a) is not to be treated as publishing the material (or any work or recording included in the material); and (b) must be ignored in determining the duration of any copyright in the material (or the included work).
Public use and enjoyment — performing for public exhibitions
s 224
224.—(1) If the conditions in subsection (2) are met, it is a permitted use to do any of the following acts:(a) perform a literary, dramatic or musical work in public; (b) cause the visual images of a film to be seen in public or any sounds of the film to be heard in public (or both). (2) The conditions are —(a) the work or film is part of a public collection; (b) the act is authorised by the custodian of the public collection; (c) the act is for the purpose of an exhibition of the work or film that is held —(i) by or on behalf of the custodian of the public collection; and (ii) at any premises that are open to the public (whether for a fee or otherwise); and (d) the act is not the sole or main purpose of the exhibition.
Public use and enjoyment — making public collection available on internal network
s 225
225.—(1) If the conditions in subsection (2) are met, it is a permitted use to make any of the following material available on a network:(a) an article in a periodical publication, if acquired in electronic form; (b) a published authorial work, if acquired in electronic form; (c) an unpublished artistic work that is —(i) in electronic form; or (ii) in 3 dimensions and represented in a visual image in electronic form; (d) a film; (e) a sound recording; (f) a recording of a protected performance; (g) without limiting paragraphs (d), (e) and (f), an authorial work, a film, a sound recording or a recording of a protected performance that is or is part of online material copied from a Singapore website —(i) by or on behalf of the National Library Board; and (ii) for the purpose of acquiring the material for the purposes of section 6(d) of the National Library Board Act 1995. (2) The conditions are —(a) the material is part of a public collection; and (b) the network on which the material is made available may only be accessed —(i) within any premises where any part of the public collection is held; (ii) with the authority of the custodian of the public collection; and (iii) in a way that users of the public collection cannot, by using any equipment supplied by or on behalf of the custodian of the public collection —(A) make an electronic copy of the material; or (B) communicate the material. (3) For the purposes of this Act, making an unpublished artistic work available in circumstances to which this section applies —(a) is not to be treated as publishing the work (or any work or recording included in the material); and (b) must be ignored in determining the duration of any copyright in the work (or the included work). (4) In this section, “online material” and “Singapore website” have the meanings given by section 2 of the National Library Board Act 1995.
Research or study — copying or communicating material for users of public collections
s 226
226.—(1) If the conditions in subsection (2) are met, 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) either —(i) the material has been published and is part of a public collection (other than a for‑profit library); or (ii) in the case of an authorial work, the work —(A) is an unpublished artistic work; (B) is part of a public collection (other than a for‑profit library); and (C) is, has been or will be exhibited at an exhibition held by or on behalf of the custodian of the public collection at any premises that are open to the public (whether for a fee or otherwise); (b) the copy or communication is made or caused to be made —(i) by an authorised officer (X) of the public collection; and (ii) on a written request by a person (Y) to an authorised officer of the public collection for a copy of the material to be supplied to Y; (c) the request includes a signed declaration by Y stating that —(i) Y requires the copy for research or study and will not use it for any other purpose; and (ii) either —(A) no authorised officer of the public collection had previously supplied Y with a copy of the material (or any part of the material) requested by Y; or (B) an authorised officer of the public collection had previously supplied Y with a copy of the material (or any part of the material) requested by Y, but that copy has been lost, destroyed or damaged; (d) either —(i) the declaration does not contain any material information that is false; or (ii) X does not know that the declaration contains material information that is false; (e) if the request is for copies of the whole or parts of 2 or more articles in the same periodical publication — the articles relate to the same subject matter; (f) if the request is for a copy of the whole of the material (other than an article in a periodical publication), or of a portion of the material that exceeds a reasonable portion — before the copy is made, an authorised officer of the public collection —(i) makes a reasonable investigation; and (ii) declares that he or she is satisfied that a new copy of the material could not be obtained within a reasonable time at an ordinary commercial price; (g) if the request is for an electronic copy —(i) before or when the electronic copy is communicated to Y, Y is given a notice stating —(A) that the electronic copy is made under this section; (B) that the work may be subject to copyright, or that the performance may be protected, under this Act; and (C) any prescribed matter; and (ii) as soon as practicable after the electronic copy is communicated to Y, the electronic copy made for the purpose of communication is destroyed; (h) in the case of subsection (1)(a) — the copy is notated according to section 301; (i) the copy is not supplied to any person other than Y; (j) any fee for making and supplying the copy to Y does not exceed the cost of making and supplying the copy plus a reasonable contribution to the general expenses of the public collection; and (k) no prescribed exception applies. (3) For the purposes of this Act, the supply of copies of any material in circumstances to which this section applies —(a) is not to be treated as publishing the material (or any work or recording included in the material); and (b) must be ignored in determining the duration of any copyright in the material (or the included work).
Research or study — copying originals for use on premises of public collections
s 227
227.—(1) If the conditions in subsection (2) are met, it is a permitted use to —(a) make a copy of any of the following material:(i) an authorial work; (ii) a sound recording; (iii) a film; (iv) a recording of a protected performance; or (b) communicate the material. (2) The conditions are —(a) a public collection has or used to have the original version or first copy (as the case may be) of the material; (b) the copy or communication is made by or on behalf of the custodian of the public collection; (c) the copy or communication is made for the purpose of carrying out research at any premises where any public collection is held; (d) the material (including any copies) is not supplied to any person for any other purpose; (e) before the copy is made, an authorised officer of the public collection —(i) makes a reasonable investigation; and (ii) declares that he or she is satisfied that a new copy of the material could not be obtained within a reasonable time at an ordinary commercial price; and (f) in the case of subsection (1)(a) — the copy is notated according to section 301. (3) For the purposes of this Act, the supply of copies of any material in circumstances to which this section applies —(a) is not to be treated as publishing the material (or any work or recording included in the material); and (b) must be ignored in determining the duration of any copyright in the material (or the included work).
Research or study — copying or communicating unpublished thesis in university library or archive
s 228
228.—(1) If the conditions in subsection (2) are met, it is a permitted use to make a copy of, or communicate, a thesis or a similar literary work. (2) The conditions are —(a) the original version or a copy of the thesis or work is kept in a university library (including a similar institution) or an archive; (b) the thesis or work has not been published; (c) the copy or communication is made by or on behalf of the custodian of the library or archive; (d) the copy, thesis or work is communicated or otherwise supplied to a person who needs it for the purpose of research or study; and (e) an authorised officer of the library or archive is satisfied that the person needs the copy, thesis or work for that purpose. (3) For the purposes of this Act, the supply of copies of a literary work in circumstances to which this section applies —(a) is not to be treated as publishing the work; and (b) must be ignored in determining the duration of any copyright in the work. (4) In this section, a reference to a literary work includes a reference to an explanatory or illustrative artistic work accompanying the literary work.
Research, study or publication — copying or communicating unpublished old material in public collections
s 229
229.—(1) If the conditions in subsection (2) are met, it is a permitted use to —(a) make a copy of any of the following material:(i) an authorial work; (ii) a sound recording; (iii) a film; (iv) a recording of a protected performance; or (b) communicate the material. (2) The conditions are —(a) the material is unpublished old material in a public collection; (b) the copy or communication is made for the purpose of research or study; (c) the copy or communication is made with a view to publishing the material; and (d) the copy or communication is made by an authorised officer of the public collection and supplied to a person, and the officer is satisfied that the person —(i) needs the copy or the material for research or study, or with a view to publication; and (ii) will not use it for any other purpose. (3) For the purposes of this Act, the supply of copies of any material in circumstances to which this section applies —(a) is not to be treated as publishing the material (or any work or recording included in the material); and (b) must be ignored in determining the duration of any copyright in the material (or the included work). (4) In this section and section 230, any material is “unpublished old material in a public collection” if —(a) the material has not been published; (b) the original version or a copy of the material —(i) is part of a public collection; and (ii) is, subject to any regulations governing that collection, open to public inspection; (c) where the material is an authorial work —(i) more than 75 years have passed —(A) since the work was made; or (B) if the work was made over a period — since the end of that period; and (ii) either —(A) the author of the work has died and more than 50 years have passed since the end of the year in which the author died; or (B) every author of the work has died and more than 50 years have passed since the end of the year in which the last author died; and (d) where the material is a film, a sound recording or a recording of a protected performance —(i) more than 50 years have passed since the film or recording was made; or (ii) if the film or recording was made over a period — more than 50 years have passed since the end of that period.
Publication — publishing unpublished old authorial works in public collections
s 230
230.—(1) It is a permitted use of an authorial work (called in this section the old work) to publish another authorial work (called in this section the new work) that includes the old work (or any part of the old work) if —(a) immediately before the new work is first published —(i) the old work is unpublished old material in a public collection; and (ii) the publisher of the new work does not know who owns the copyright in the old work; and (b) before the new work is first published, the prescribed notice of intended publication is given. (2) To avoid doubt, if —(a) the first publication of the new work only includes part of the old work; and (b) a later publication of the new work includes any other part of the old work that was not included in any earlier publication, then — (c) subsection (1) does not apply to the later publication just because it applies to the first publication; and (d) the later publication is to be treated as the first publication of the new work for the purposes of applying subsection (1). (3) Where an authorial work, being unpublished old material in a public collection, is published in circumstances to which subsection (1) applies, the publication is deemed to be authorised.
Publication — communicating, performing, etc., authorial works published under section 230
s 231
231.—(1) This section applies where, by virtue of section 230, the publication of an authorial work (or part of the authorial work) is a permitted use. (2) The following acts are also permitted uses if they are done after the publication:(a) broadcasting the work (or part of the work); (b) including the work (or part of the work) in a cable programme; (c) performing the work (or part of the work) in public; (d) making a record of the work (or part of the work).
Preservation and replacement — copying material in public collections
s 232
232.—(1) If the conditions in subsection (2) are met, it is a permitted use to make a copy of any of the following material:(a) an authorial work; (b) a sound recording; (c) a film; (d) a recording of a protected performance. (2) The conditions are —(a) the material was or is part of a public collection; (b) the copy is made by or on behalf of the custodian of the public collection; (c) the copy is —(i) made to preserve the material against loss, deterioration or damage; (ii) made in a different format from the format in which the material is embodied, to preserve the material against the obsolescence of the latter format; (iii) made to replace the material because of loss, deterioration or damage; or (iv) made for some other purpose; (d) if the copy is made under paragraph (c)(i) or (ii) — the copy is not made accessible to the public, except to replace a copy of the material that was previously accessible to the public; (e) if the copy is made under paragraph (c)(i), (ii) or (iii) — before the copy is made, an authorised officer of the public collection —(i) makes a reasonable investigation; and (ii) declares that he or she is satisfied that a new copy of the material (or, in the case of paragraph (c)(ii), a new copy of the material in the different format) could not be obtained within a reasonable time at an ordinary commercial price; (f) if the copy is made under paragraph (c)(iv) — the copy is the sole copy made under this section; and (g) the copy is notated according to section 301.
Administration — copying or communicating material in public collections
s 233
233.—(1) If the conditions in subsection (2) are met, it is a permitted use to —(a) make a copy of any of the following material:(i) an authorial work; (ii) a sound recording; (iii) a film; (iv) a recording of a protected performance; or (b) communicate the material. (2) The conditions are —(a) the material was or is part of a public collection; (b) the copy or communication is made by or on behalf of the custodian of the public collection; (c) the copy or communication is made for any of the following purposes:(i) internal record keeping; (ii) internal cataloguing; (iii) insurance; (iv) police investigations or other law enforcement actions; (v) security; (vi) any other administrative purpose; and (d) the copy is not used other than —(i) for the purposes mentioned in paragraph (c); or (ii) to create another copy of the material in circumstances to which any permitted use in this Division applies. (3) For the purposes of this Act, the supply of copies of any material in circumstances to which this section applies —(a) is not to be treated as publishing the material (or any work or recording included in the material); and (b) must be ignored in determining the duration of any copyright in the material (or the included work).
Supplying copies of published literary, dramatic or musical works or articles between libraries and archives
s 234
234.—(1) This section applies if —(a) a copy is made of —(i) a published literary, dramatic or musical work; or (ii) an article in a periodical publication; (b) the copy is made or caused to be made —(i) by an authorised officer of library X; and (ii) on a written request by or on behalf of an authorised officer of library Y (which may be within or outside Singapore); (c) the copy is requested for the purpose of —(i) including the copy in the collection of library Y, but not as a substitute for subscribing to or buying the work or periodical publication; or (ii) supplying the copy to a person who has requested the copy in accordance with section 226; (d) the copy is notated according to section 301; (e) the copy is supplied to the authorised officer of library Y and to no other person; (f) any fee for making and supplying the copy does not exceed the cost of making and supplying the copy plus a reasonable contribution to the general expenses of library X; and (g) no prescribed exclusion applies. (2) Where this section applies —(a) no action may be brought against library X or any of its officers or employees for any infringement of copyright constituted by the making and supply of the copy; (b) the copy is deemed for all purposes of this Act to have been made by an authorised officer of library Y (and not library X) for the purposes for which it is requested; and (c) the making of the copy by an authorised officer of library Y (as deemed by paragraph (b)) is a permitted use if, as soon as practicable after the request in subsection (1)(b)(ii) is made, an authorised officer of library Y makes a declaration stating —(i) the particulars of the request, including the purpose for requesting the copy; (ii) if the copy is requested for inclusion in the collection of library Y and a similar copy has previously been made and supplied under this section — that the previous copy is lost, destroyed or damaged; and (iii) if the copy requested for is a copy of the whole of an authorial work (other than an article in a periodical publication) or a portion of the work that exceeds a reasonable portion —(A) that the copy is made and supplied as part of an inter‑library arrangement; and (B) that the arrangement does not have the effect or the purpose of enabling participating libraries to systematically copy and supply copies of authorial works, and thereby obtain copies of authorial works without having to subscribe to or buy the authorial works. (3) In this section —(a) “library” means a non‑profit library, and includes a non‑profit archive; and (b) a reference to a literary, dramatic or musical work (including an article in a periodical publication) includes a reference to an explanatory or illustrative artistic work accompanying the literary, dramatic or musical work (or the article).
Protection of libraries and archives when infringing copies made on machines installed by them
s 235
235.—(1) This section applies where —(a) a machine is installed by or with the approval of the custodian of a library —(i) on the premises of the library; or (ii) outside the premises of the library, but for the convenience of persons using the library; (b) a notice in the prescribed form and dimensions is placed on or near the machine, in a way that is readily visible to a person using the machine; and (c) either —(i) the machine —(A) is for making facsimile copies of documents (whether or not in the same size or form); and (B) is used to make an infringing copy of an authorial work or of a published edition of an authorial work; or (ii) the machine is used to make an infringing copy of —(A) a sound recording, film, broadcast or cable programme; or (B) a protected performance. (2) The custodian of the library is not taken to have authorised the making of the infringing copy just because the infringing copy is made on the machine. (3) In this section —“library” includes an archive; “machine” includes a computer.
Copying online material for National Library Board collection
s 236
236.—(1) If the conditions in subsection (2) are met, it is a permitted use to make a copy of any of the following material:(a) an authorial work; (b) a sound recording; (c) a film; (d) a recording of a protected performance. (2) The conditions are —(a) the material is or is part of online material; (b) the online material is available on a Singapore website; and (c) the copy is made —(i) by or on behalf of the National Library Board; and (ii) for the purpose of acquiring the online material for the purposes of section 6(d) of the National Library Board Act 1995. (3) In this section, “online material” and “Singapore website” have the meanings given by section 2 of the National Library Board Act 1995.
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