Interpretation of this Division
s 389
Open ↗389. In this Division —“moral right” means a right under this Division; “name” includes initials or a monogram.
Source
Copyright Act 2021 Division 2 — Performer’s moral rights
Compiled from an official source version. Later amendments or repeals may not be reflected; the official text prevails. · Read the official text ↗
Application of moral rights
s 390
Open ↗390. The moral rights in this Division apply only —(a) in relation to a performance that is a protected performance; (b) for the protection period of the performance; and (c) in relation to the whole or any substantial part of the performance.
Right to be identified
s 391
Open ↗391.—(1) Subject to the provisions of this Division, the performer of a protected performance has the moral right to be so identified, and that right is infringed if a person fails to identify the performer —(a) in the circumstances mentioned in section 392; or (b) in the manner required by section 393. (2) In the case of a performance given by 2 or more performers, the right in subsection (1) —(a) is a right of each performer to be identified as a performer; and (b) is not infringed in relation to a performer if another performer is not identified.Illustration P1 and P2 give a performance. The circumstances in section 392 apply. P1 is identified in the manner required by section 393; P2 is not. P1’s moral right to be identified is not infringed. P2’s moral right to be identified is infringed.
Right to be identified — when should a performer be identified
s 392
Open ↗392. A person (X) must identify the performer of a protected performance —(a) if the performance is given in public and produced or put on by X; (b) if X communicates the performance live to the public; (c) whenever X makes available a recording of the performance to the public (on a network or otherwise) in a way that enables the recording to be accessed by any person on demand; or (d) whenever X publishes a recording of the performance.
Right to be identified — how should a performer be identified
s 393
Open ↗393.—(1) Where a performer must be identified under this Division, he or she must be identified in accordance with this section. (2) The performer must be identified —(a) in the way that the performer wishes to be identified (for example, by the performer’s true name or by a stage name or pseudonym), but only if —(i) the performer has made his or her wishes known, either generally or to the person who is required to identify the performer; and (ii) it is reasonable in the circumstances to identify the performer in that way; and (b) in any other case, by any reasonable form of identification. (3) Where a protected performance is given by performers who use a group name, those performers are 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 the case of copies of recordings of a performance —(i) the identification appears in or on each copy; or (ii) the identification is likely to be noticed by a person acquiring a copy; and (b) in any other case — the identification is likely to be noticed by a person seeing or hearing (as the case may be) the performance or communication.
Right to be identified — exception where performer not known
s 394
Open ↗394.—(1) Section 391 does not require a person to identify the performer of a performance if, at or during the material time, the identity of the performer —(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 a performer is known if the performer is known by some name other than his or her true name. (2) In subsection (1), “material time” means the time at or during which the relevant act in section 392 is done.
Right to be identified — exception for certain performances
s 395
Open ↗395. Section 391 does not apply to the following performances:(a) a performance given for the purpose of advertising any goods or services; (b) any prescribed performance.
Right to be identified — exception for certain permitted uses
s 396
Open ↗396. Section 391 does not apply —(a) where a person does an act that is a permitted use of a performance under any of the following provisions:(i) section 202 (examination purposes); (ii) section 290 (judicial proceedings); (b) where a person does an act in relation to a performance that is a fair use of the performance for the purpose of reporting news under Division 2 of Part 5; or (c) in any prescribed circumstances.
Right to be identified — transitional exception
s 397
Open ↗397. Section 391 does not apply to a performance given before 21 November 2021.
Right against false identification
s 398
Open ↗398.—(1) The performer (P) of a performance has the moral right not to have any other person (F) identified as the performer of the performance, and a person (X) infringes that right in the circumstances mentioned in this section. (2) X infringes the right in subsection (1) if —(a) X affixes or inserts F’s name in or on a recording of the performance; and (b) the affixation or insertion is done in a way that implies that F is the performer. (3) X infringes the right in subsection (1) if —(a) X makes available a recording of the performance to the public as being a performance by F; and (b) X knows that F is not the performer. (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 recording of the performance; (b) the affixation or insertion is done in a way that implies F is the performer; (c) X knows that F is not the performer; and (d) X —(i) publishes the recording; (ii) deals commercially in the recording; or (iii) distributes the recording. (5) To avoid doubt, X and F could be the same person. (6) In the case of a performance given by 2 or more performers, an infringement of the right in subsection (1) is an infringement of each performer’s right.Illustration A performance is given by P1 and P2. X affixes the names of P1 and F on a recording of the performance in a way that implies that P1 and F are the performers. X has infringed the rights of both P1 and P2 under subsection (1) read with subsection (2).
Right not to have altered recording represented as unaltered
s 399
Open ↗399.—(1) The performer of a performance has the moral right not to have an altered recording of the performance represented as being unaltered. (2) A person infringes the right in subsection (1) if —(a) the person —(i) publishes an altered recording of the performance as being unaltered; (ii) deals commercially in an altered recording of the performance as being unaltered; or (iii) distributes an altered recording of the performance as being unaltered; and (b) the person knows that —(i) the recording is an altered recording; and (ii) the alteration is not made by the performer. (3) In the case of a performance given by 2 or more performers, an infringement of the right in subsection (1) is an infringement of each performer’s right.
Moral rights not infringed by acts, etc., outside Singapore
s 400
Open ↗400. Despite any provision of this Division, the moral rights of a performer 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 401
Open ↗401.—(1) Despite any provision of this Division, the moral rights of a performer are not infringed by any act or omission to which the performer consented (whether in writing or otherwise). (2) The moral rights of a performer may be formally waived by the performer. (3) A formal waiver is valid only if it is —(a) made in writing; and (b) signed by the performer. (4) A formal waiver may —(a) relate to a specific performance, to performances of a specified description or to performances generally; (b) relate to past or future performances; (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 (X) who is the rights owner or prospective rights owner of a performance or performances to which the waiver relates is presumed to extend to persons acting with X’s authority and X’s 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 402
Open ↗402. The performer of a performance may bring an action in the Court against any person who infringes any of the performer’s moral rights.
Limitation of action
s 403
Open ↗403. An action may not be brought in respect of an infringement of a performer’s moral rights more than 6 years after the infringement takes place.
Remedies
s 404
Open ↗404.—(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 performer’s moral rights; (b) the number and categories of people who have seen or heard the performance; (c) anything done by the defendant to mitigate the effects of the infringement; (d) in the case of the moral right under section 391 (right to be identified) — the cost or difficulty (if any) of identifying the performer; (e) the cost or difficulty (if any) of reversing the infringement; (f) any practice in the industry in which the performance is used that is relevant to the performance or the use of the performance; and (g) the damage caused to the performer by the infringement, including any loss of income.
Moral rights not assignable
s 405
Open ↗405. A performer’s moral rights are —(a) personal to him or her; and (b) not assignable.
Devolution on death
s 406
Open ↗406.—(1) When a performer dies —(a) the performer’s moral rights devolve to his or her personal legal representative; and (b) any damages recovered in an action under section 402 by the personal legal representative form part of the performer’s estate. (2) To avoid doubt, any consent or waiver given by a performer in relation to the performer’s moral rights binds his or her personal legal representative.
Other rights not affected
s 407
Open ↗407.—(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 402 must be considered in assessing damages in any other proceedings arising out of the same transaction (and vice versa).
Back to Copyright Act 2021 — full text
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