Copyright Act 2021 Division 1 — Author’s moral rights

s 369–s 388 · 20 sections

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

Interpretation of this Division

s 369

369. In this Division —“moral right” means a right under this Division; “name” includes initials or a monogram.

Application

370. The moral rights in this Division apply only —(a) in relation to an authorial work in which copyright subsists; (b) for the period during which copyright subsists in the work; and (c) in relation to the whole or any substantial part of the work.

Right to be identified

s 371

371.—(1) Subject to the provisions of this Division, the author of an authorial work has the moral right to be so identified, and that right is infringed if a person fails to identify the author —(a) in the circumstances mentioned in section 372; or (b) in the manner required by section 373. (2) In the case of a work of joint authorship, the right in subsection (1) —(a) is a right of each joint author to be identified as an author; and (b) is not infringed in relation to a joint author if another joint author is not identified.Illustration A1 and A2 are the joint authors of an authorial work. The circumstances in section 372 apply. A1 is identified in the manner required by section 373; A2 is not. A1’s moral right to be identified is not infringed. A2’s moral right to be identified is infringed.

Right to be identified — when should an author be identified

s 372

372.—(1) A person must identify the author of a dramatic or literary work (other than a literary work mentioned in subsection (2)) whenever the person —(a) publishes the work; (b) performs the work in public; (c) communicates the work to the public; (d) causes to be seen in public a film that includes the work; (e) supplies to the public copies of a film that includes the work; (f) supplies to the public copies of a sound recording that includes the work; or (g) does any of the acts mentioned in paragraphs (a) to (f) in relation to an adaptation of the work. (2) A person must identify the author of a musical work, or a literary work consisting of words intended to be sung or spoken with music, whenever the person —(a) publishes the work; (b) causes to be seen in public a film, the soundtrack of which includes the work; (c) supplies to the public copies of a sound recording that includes the work; (d) supplies to the public copies of a film, the soundtrack of which includes the work; or (e) does any of the acts mentioned in paragraphs (a) to (d) in relation to an adaptation of the work. (3) A person must identify the author of an artistic work whenever the person —(a) publishes the work; (b) exhibits the work in public; (c) communicates a visual image of the work to the public; (d) causes to be seen in public a film that includes a visual image of the work; (e) supplies to the public copies of a film that includes a visual image of the work; or (f) in the case of the following works, supplies to the public copies of a photograph or graphic representation of the work:(i) a work of architecture in the form of a building or a model of a building; (ii) a sculpture; (iii) a work of artistic craftsmanship. (4) In addition to subsection (3), the author of an artistic work in the form of a building must be identified on the first building that embodies the work.

Right to be identified — how should an author be identified

s 373

373.—(1) Where an author has a moral right to be identified, he or she must be identified in accordance with this section. (2) The author must be identified —(a) in the way that the author wishes to be identified (for example, by the author’s true name or a pseudonym), but only if —(i) the author has made his or her wishes known, either generally or to the person who is required to identify the author; and (ii) it is reasonable in the circumstances to identify the author in that way; and (b) in any other case, by any reasonable form of identification.Illustration An author may make known his or her wish to be identified in a certain way by identifying himself or herself in that way when making or publishing the authorial work. (3) Where the joint authors of an authorial work use a group name, each of them is sufficiently identified by using the group name. (4) In every case, the identification must be clear and reasonably prominent. (5) An identification is reasonably prominent if —(a) in a case where copies are supplied —(i) the identification appears in or on each copy; or (ii) if that is not appropriate, the identification is likely to be noticed by a person acquiring a copy; (b) in the case of a building — the identification is visible to persons entering or approaching the building; and (c) in any other case — the identification is likely to be noticed by a person seeing or hearing the performance, exhibition, showing or communication, as the case may be.

Right to be identified — exception where author not known

s 374

374.—(1) Section 371 does not require a person to identify the author of an authorial work if, at or during the material time, the identity of the author —(a) is not generally known; (b) is not known to the person; and (c) could not reasonably be ascertained by the person.Illustration The identity of an author is known if the author is known by some name other than his or her true name. (2) In subsection (1), “material time” —(a) in relation to section 372(1), (2) and (3), means the time at or during which the relevant act in those provisions is done; and (b) in relation to section 372(4), means the time during which the building is constructed.

Right to be identified — exception for certain authorial works

s 375

375. Section 371 does not apply in relation to the following authorial works:(a) a computer program; (b) any authorial work, if —(i) the work is made by the author in the course of his or her employment; and (ii) the author’s employer is the first owner of the copyright in the work; (c) any authorial work, if —(i) the Government is the first owner of the copyright in the work; and (ii) the author has not been identified in or on any published copy of the work; (d) any prescribed authorial work.

Right to be identified — exception for certain permitted uses

s 376

376. Section 371 does not apply —(a) where a person does an act that is a permitted use of an authorial work under any of the following provisions:(i) section 202 (examination purposes); (ii) section 265 (artistic works in public places); (iii) section 266 (incidental inclusion in film, television broadcast or cable programme); (iv) section 290 (judicial proceedings); (v) Division 14 of Part 5 (artistic works with corresponding designs and industrially applied artistic works); (b) where a person does an act in relation to an authorial work that is a fair use for the purpose of reporting news under Division 2 of Part 5; or (c) in any prescribed circumstances.

Right to be identified — transitional exceptions

s 377

377.—(1) The right in section 371 —(a) does not apply to an author who died before 21 November 2021; (b) does not, despite section 523, apply to a film that is treated as a dramatic work by that section; and (c) is not infringed by anything done or omitted to be done before 21 November 2021. (2) In the case of an authorial work made before 21 November 2021, section 371 does not apply —(a) if the author is the first owner of the copyright in the work — to any act that, by virtue of an assignment of that copyright made or a licence granted by the author before 21 November 2021, does not infringe that copyright; and (b) if another person is the first owner of the copyright in the work —(i) to any act done by that person; and (ii) to any act that does not infringe that copyright by virtue of —(A) an assignment of that copyright; or (B) a licence granted by that person or by a subsequent owner of that copyright.[Act 31 of 2022 wef 01/11/2022]

Right against false identification

s 378

378.—(1) The author (A) of an authorial work has the moral right to not have any other person (F) identified as the author of the work, and a person (X) infringes that right in the circumstances mentioned in subsections (2), (3) and (4). (2) X infringes the right in subsection (1) if —(a) X affixes or inserts F’s name in, or on, the work or a copy of the work; and (b) the affixation or insertion is done in a way that implies that —(i) F is the author of the work; or (ii) the work is an adaptation of a work by F. (3) X infringes the right in subsection (1) if —(a) X performs the work in public or communicates the work to the public; (b) the performance or communication is done in a way that implies that —(i) F is the author of the work; or (ii) the work is an adaptation of a work by F; and (c) X knows that the implication in paragraph (b)(i) or (ii) (as the case may be) is false. (4) X infringes the right in subsection (1) if —(a) F’s name is affixed or inserted (whether before, on or after 21 November 2021) in or on a copy of the work; (b) the affixation or insertion is done in a way that implies that —(i) F is the author of the work; or (ii) the work is an adaptation of a work by F; (c) X knows that the implication in paragraph (b)(i) or (ii) (as the case may be) is false; and (d) X —(i) publishes the copy; (ii) deals commercially in the copy; or (iii) distributes the copy. (5) For the purposes of subsection (4), “copy”, in relation to a work, includes the work itself. (6) To avoid doubt, X and F could be the same person. (7) In the case of a work of joint authorship, an infringement of the right in subsection (1) is an infringement of each joint author’s right.Illustration A1 and A2 are the joint authors of an authorial work. X affixes the names of A1 and F on a copy of the work in a way that implies that A1 and F are joint authors of the work. X has infringed the rights of both A1 and A2 under subsection (1) read with subsection (2).

Right not to be falsely identified as author of copy of artistic work

s 379

379.—(1) The author of an artistic work has the moral right not to be identified as the author of a copy of the work that was not made by him or her. (2) A person infringes the right in subsection (1) if —(a) the person —(i) publishes a copy of the work as being made by the author; (ii) deals commercially in a copy of the work as being made by the author; or (iii) distributes a copy of the work as being made by the author; and (b) the person knows that the copy is not made by the author.

Right not to have altered copy represented as unaltered

s 380

380.—(1) The author of an authorial work has the moral right not to have an altered copy of the work represented as being unaltered. (2) A person infringes the right in subsection (1) if —(a) the person —(i) publishes an altered copy of the work as being unaltered; (ii) deals commercially in an altered copy of the work as being unaltered; or (iii) distributes an altered copy of the work as being unaltered; and (b) the person knows that —(i) the copy is an altered copy; and (ii) the alteration is not made by the author. (3) In the case of a work of joint authorship —(a) any infringement of the right in subsection (1) is an infringement of each joint author’s right; and (b) the reference to the author in subsection (2)(b) is a reference to all the joint authors. (4) In this section, “copy”, in relation to a work, includes the work itself.

Moral rights not infringed by acts, etc., outside Singapore

s 381

381. Despite any provision of this Division, the moral rights of an author are not infringed by any act done outside Singapore or any omission in relation to an act done outside Singapore.

Consent and formal waiver

s 382

382.—(1) Despite any provision of this Division, the moral rights of an author are not infringed by any act or omission to which the author consented (whether in writing or otherwise). (2) The moral rights of an author may be formally waived by the author. (3) A formal waiver is valid only if it is —(a) made in writing; and (b) signed by the author. (4) A formal waiver may —(a) relate to a specific authorial work, to authorial works of a specified description or to authorial works generally; (b) relate to existing or future authorial works; (c) relate to some or all moral rights; (d) be conditional or unconditional; and (e) be expressed to be revocable. (5) Subject to any contrary intention in the waiver, a formal waiver in favour of a person who is the owner or prospective owner of the copyright in the authorial work or works to which the waiver relates is presumed to extend to the person’s licensees and successors in title. (6) To avoid doubt, this section does not affect the operation of the general law of contract or estoppel in relation to an informal waiver or any other transaction in relation to moral rights.

Action for infringement of moral rights

s 383

383. The author of an authorial work may bring an action in the Court against any person who infringes any of the author’s moral rights.

Limitation of action

s 384

384. An action may not be brought in respect of an infringement of an author’s moral rights more than 6 years after the infringement takes place.

Remedies

s 385

385.—(1) The remedies that the Court may grant for an infringement of moral rights include —(a) an injunction (which may be subject to terms); and (b) damages. (2) In deciding on the appropriate remedy, the Court must consider all relevant matters, including —(a) whether the defendant was aware, or ought reasonably to have been aware, of the author’s moral rights; (b) the number and categories of people who have seen or heard the work; (c) anything done by the defendant to mitigate the effects of the infringement; (d) in the case of the moral right under section 371 (right to be identified) — the cost or difficulty (if any) of identifying the author; (e) the cost or difficulty (if any) of reversing the infringement; (f) any practice in the industry in which the work is used that is relevant to the work or the use of the work; and (g) the damage caused to the author by the infringement, including any loss of income.

Moral rights not assignable

s 386

386. An author’s moral rights are —(a) personal to him or her; and (b) not assignable.

Devolution on death

s 387

387.—(1) When an author dies —(a) the author’s moral rights devolve to his or her personal legal representative; and (b) any damages recovered in an action under section 383 by the personal legal representative form part of the author’s estate. (2) To avoid doubt, any consent or waiver given by an author in relation to the author’s moral rights binds his or her personal legal representative.

Other rights not affected

s 388

388.—(1) Subject to this section, this Division does not affect any right of action or other remedy (whether civil or criminal) in proceedings brought otherwise than by virtue of this Division. (2) Any damages recovered in an action under section 383 must be considered in assessing damages in any other proceedings arising out of the same transaction (and vice versa).

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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 ↗

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