Interpretation of this Division
Open ↗422. In this Division —“access control measure” has the meaning given by section 423;
“circumvent” means to avoid, bypass, remove, deactivate, descramble (where the copy is scrambled), decrypt (where the copy is encrypted) or otherwise impair;
“deal”, except in section 435(2), means —(a)
in relation to a device, product or component — manufacture, import, distribute, offer to the public, provide or otherwise traffic; and
(b)
in relation to a service — offer to the public or provide,
and “dealing” has a corresponding meaning;
“protected copy” means —(a)
a copyright work or a copy of the work; or
(b)
a recording of a protected performance;
“protection measure” has the meaning given by section 423;
“rights owner”, in relation to a copyright, includes any exclusive licensee of the copyright;
“technological measure” has the meaning given by section 423.
Interpretation: what are technological measures, access control measures and protection measures
Open ↗423. In this Division —“access control measure”, in relation to a protected copy —(a)
means any technology, device or component that, in the normal course of its operation, effectively controls access to a protected copy; but
(b)
does not include any prescribed technology, device or component;
“protection measure”, in relation to a protected copy —(a)
means any technology, device or component that, in the normal course of its operation, effectively prevents or limits the doing of any act that constitutes a rights infringement; but
(b)
does not include any prescribed technology, device or component;
“technological measure” means an access control measure or a protection measure.
Application
Open ↗424.—(1) This Division applies in relation to protected copies.
(2) This Division does not apply to anything done in relation to a protected copy after the expiry of the relevant copyright or protection period, as the case may be.
(3) This Division does not prohibit a person from importing or selling a device that does not render effective a technological measure, but only if —(a)
the sole purpose of the measure is to control market segmentation for access to films; and
(b)
the import or sale of the device does not otherwise contravene any written law (including this Act).
Prohibition on circumventing access control measure
Open ↗425.—(1) Subject to the provisions of this Division, a person infringes this section if the person circumvents an access control measure.
(2) For the purposes of this Division, a person circumvents an access control measure if —(a)
the access control measure is applied —(i)
to a protected copy;
(ii)
by or with the authority of the rights owner of the protected copy; and
(iii)
in connection with the exercise of the copyright or any right in the performance, as the case may be;
(b)
the person does any act that the person knows or ought reasonably to know circumvents the access control measure; and
(c)
the act is done without the rights owner’s authority.
Prohibition on dealing in circumventing devices
Open ↗426.—(1) Subject to the provisions of this Division, a person infringes this section if the person deals (wilfully or otherwise) in a circumventing device.
(2) For the purposes of this Division, a person (X) deals in a circumventing device if —(a)
a technological measure is applied —(i)
to a protected copy;
(ii)
by or with the authority of the rights owner of the protected copy; and
(iii)
in connection with the exercise of the copyright or the protection of the performance, as the case may be;
(b)
X deals in any device, product or component that —(i)
is promoted, advertised or marketed for the purpose of circumventing the technological measure;
(ii)
has only a limited commercially significant purpose or use other than to circumvent the technological measure; or
(iii)
is designed or made primarily for the purpose of circumventing the technological measure; and
(c)
X does so without the rights owner’s authority.
(3) For the purposes of this Division, a dealing in a circumventing device is wilful if and only if —(a)
in relation to subsection (2)(b)(i) — the promotion, advertising or marketing is —(i)
done by X personally; or
(ii)
personally authorised by X;
(b)
in relation to subsection (2)(b)(ii) — at the time of dealing, X knows or ought reasonably to know that the device, product or component has only a limited commercially significant purpose or use other than to circumvent the technological measure; and
(c)
in relation to subsection (2)(b)(iii) — at the time of dealing, X knows or ought reasonably to know that the device, product or component is designed or made primarily for the purpose of circumventing the technological measure.
Prohibition on dealing in circumventing services
Open ↗427.—(1) Subject to the provisions of this Division, a person infringes this section if the person deals (wilfully or otherwise) in a circumventing service.
(2) For the purposes of this Division, a person (X) deals in a circumventing service if —(a)
a technological measure is applied —(i)
to a protected copy;
(ii)
by or with the authority of the rights owner of the protected copy; and
(iii)
in connection with the exercise of the copyright or the protection of the performance, as the case may be;
(b)
X deals in any service that —(i)
is promoted, advertised or marketed for the purpose of circumventing the technological measure;
(ii)
has only a limited commercially significant purpose or use other than to circumvent the technological measure; or
(iii)
is performed primarily for the purpose of circumventing the technological measure; and
(c)
X does so without the rights owner’s authority.
(3) For the purposes of this Division, a dealing in a circumventing service is wilful if and only if —(a)
in relation to subsection (2)(b)(i) — the promotion, advertising or marketing is —(i)
done by X personally; or
(ii)
personally authorised by X;
(b)
in relation to subsection (2)(b)(ii) — at the time of dealing, X knows or ought reasonably to know that the service has only a limited commercially significant purpose or use other than to circumvent the technological measure; and
(c)
in relation to subsection (2)(b)(iii) —(i)
X personally performs the service primarily for the purpose of circumventing the technological measure; or
(ii)
X personally authorises the performance of the service primarily for the purpose of circumventing the technological measure.
Exception — access by non‑profit library, etc., for purpose of acquisition
Open ↗428. A person may circumvent an access control measure by doing an act in relation to a protected copy if —(a)
the act is done to enable any of the following organisations to access the underlying work or recording of a performance:(i)
a non‑profit library or archive;
(ii)
an educational institution;
(iii)
an institution aiding persons with print disabilities;
(iv)
an institution aiding persons with intellectual disabilities;
(b)
the sole purpose of accessing the work or recording is to decide whether to acquire a copy of it;
(c)
the work or recording is otherwise not available to the organisation;
(d)
the act does not lead to a rights infringement in relation to the protected copy; and
(e)
the act does not violate any written law other than this Act.
Exception — protecting personal information of network user
Open ↗429. A person may circumvent an access control measure by doing an act in relation to a protected copy if —(a)
the access control measure is capable of collecting or disseminating information about the identity of a user of a network and the manner of his or her use;
(b)
there is no conspicuous notice of the collection or dissemination of that information;
(c)
the act is done for the sole purpose of identifying and disabling the measure;
(d)
the act does not affect any person’s ability to access any protected copy;
(e)
the act is not a rights infringement in relation to the protected copy; and
(f)
the act does not violate any written law other than this Act.
Exception — achieving interoperability between computer programs
Open ↗430.—(1) A person may circumvent a technological measure by doing an act in relation to a protected copy that is a computer program if —(a)
the protected copy is not an infringing copy;
(b)
the act is done —(i)
in good faith;
(ii)
with respect to particular elements of the computer program that are not readily available to the person doing the act; and
(iii)
for the sole purpose of achieving interoperability of an independently created computer program with another computer program; and
(c)
the act does not infringe the copyright in the firstmentioned computer program.
(2) A person may deal in a circumventing device if —(a)
the device is used only in circumstances to which subsection (1) applies; or
(b)
at the time of dealing, the person does not know and could not reasonably have known that the device will be used in any other circumstances.
(3) A person may deal in a circumventing service if —(a)
the service is performed only in circumstances to which subsection (1) applies; or
(b)
at the time of dealing, the person does not know and could not reasonably have known that the service will be performed in any other circumstances.
Exception — research on encryption technology
Open ↗431.—(1) A person may circumvent an access control measure by doing an act in relation to a protected copy if —(a)
the act is done in the course of research on any encryption technology and is needed to conduct that research;
(b)
the person —(i)
is engaged in a legitimate course of study in the field of encryption technology;
(ii)
is employed or appropriately trained or experienced in that field; or
(iii)
is doing the act on behalf of a person so engaged, employed, trained or experienced;
(c)
the act is done in good faith;
(d)
the protected copy is not an infringing copy;
(e)
the person doing the act has made a reasonable effort to obtain the authorisation of the rights owner;
(f)
the act is not a rights infringement in relation to the protected copy; and
(g)
the act does not violate any written law other than this Act.
(2) A person may deal in a circumventing device if —(a)
the device is used only in circumstances to which subsection (1) applies; or
(b)
at the time of dealing, the person does not know and could not reasonably have known that the device will be used in any other circumstances.
(3) A person may deal in a circumventing service if —(a)
the service is performed only in circumstances to which subsection (1) applies; or
(b)
at the time of dealing, the person does not know and could not reasonably have known that the service will be performed in any other circumstances.
(4) In this section, “encryption technology” means any technology for scrambling and descrambling information using mathematical formulae or algorithms.
Exception — preventing minor access to online material
Open ↗432.—(1) A person may circumvent an access control measure by doing an act if —(a)
the act consists of including a component or part in any technology, product or device for the sole purpose of preventing access by minors to any online material; and
(b)
the technology, product or device —(i)
is not promoted, advertised or marketed for the purpose of circumventing a technological measure;
(ii)
is not one that has only a limited commercially significant purpose or use other than to circumvent a technological measure; and
(iii)
is not designed or made primarily for the purpose of circumventing a technological measure.
(2) A person may deal in a circumventing device if the device is meant to be included in any technology, product or device in circumstances to which subsection (1) applies.
Exception — testing of security flaws, etc., of computer
Open ↗433.—(1) A person may circumvent an access control measure by doing an act in relation to a protected copy if —(a)
the act is done for the sole purpose of testing, investigating or correcting a security flaw or vulnerability of a computer;
(b)
the act is done in good faith;
(c)
the act is done by or with the authority of the owner of the computer;
(d)
the act is not a rights infringement in relation to the protected copy; and
(e)
the act does not violate any written law other than this Act.
(2) A person may deal in a circumventing device if —(a)
the device is used only in circumstances to which subsection (1) applies; or
(b)
at the time of dealing, the person does not know and could not reasonably have known that the device will be used in any other circumstances.
(3) A person may deal in a circumventing service if —(a)
the service is performed only in circumstances to which subsection (1) applies; or
(b)
at the time of dealing, the person does not know and could not reasonably have known that the service will be performed in any other circumstances.
(4) In this section, “computer” includes a computer system and a computer network.
Exception — law enforcement, national defence, etc.
Open ↗434. The Government, or a person authorised by the Government, may for the purpose of law enforcement, intelligence, national defence or essential security, or for any other similar purpose —(a)
circumvent an access control measure; or
(b)
deal in a circumventing device or service.
Exception — prescribed exceptions
Open ↗435.—(1) A person may circumvent an access control measure if a prescribed exception applies.
(2) An exception may be prescribed if —(a)
the Minister is satisfied that the prohibition on circumventing access control measures has or is likely to impair or adversely affect a dealing in relation to a copyright work or protected performance; and
(b)
the dealing is not a rights infringement in relation to the work or performance.
(3) A prescribed exception may be limited —(a)
to a specified work or performance;
(b)
to a class of works or performances;
(c)
to a class of persons; and
(d)
by the purpose for which the otherwise circumventing act is done.
Action for infringement
Open ↗436. The rights owner of a protected copy may bring an action in the Court against any person who infringes a provision of this Division in relation to the protected copy.
Limitation of action
Open ↗437. An action may not be brought against an infringement of a provision of this Division under section 436 more than 6 years after the infringement takes place.
Remedies
Open ↗438.—(1) Subject to this section, the remedies that the Court may grant for an infringement of a provision of this Division include —(a)
an injunction (which may be subject to terms);
(b)
either —(i)
damages; or
(ii)
if the claimant so elects, statutory damages; and
(c)
an order that an offending article in the defendant’s possession or before the Court be —(i)
delivered up and forfeited to the rights owner;
(ii)
destroyed; or
(iii)
otherwise dealt with.
(2) The remedies in subsection (1)(b) are not available against a defendant who deals in a circumventing device or service if it is proved that the dealing is not wilful.
(3) Damages under subsection (1)(b)(i) may take into account any profits that are attributable to the infringement.
(4) For the purposes of subsection (1)(b)(ii) —(a)
a claimant may only be awarded a total of $20,000 in statutory damages in a single action, even if the action involves 2 or more infringements; and
(b)
in deciding the amount of statutory damages to award, the Court must consider all relevant matters, including —(i)
the nature and purpose of the act constituting the infringement, including whether the act is of a commercial nature or otherwise;
(ii)
the flagrancy of the infringement;
(iii)
whether the defendant acted in bad faith;
(iv)
any loss that the claimant has suffered or is likely to suffer because of the infringement;
(v)
any benefit gained by the defendant because of the infringement;
(vi)
the conduct of the parties before and during the proceedings; and
(vii)
the need to deter similar infringements.
(5) In this section, an article is an “offending article” if —(a)
the article was used, or is being used, to carry out an infringement of a provision of this Division; or
(b)
an infringement of a provision of this Division was or is being carried out in relation to the article.
Offence
Open ↗439.—(1) Subject to this section, a person commits an offence if —(a)
the person —(i)
wilfully circumvents an access control measure; or
(ii)
wilfully deals in a circumventing device or service;
(b)
the person does so to obtain a commercial advantage or private financial gain; and
(c)
the circumvention or dealing is an infringement of a provision of this Division.
(2) Subsection (1) does not apply to any act done by or on behalf of —(a)
a non‑profit library or archive;
(b)
an educational institution;
(c)
an institution aiding persons with print disabilities;
(d)
an institution aiding persons with intellectual disabilities; or
(e)
a public and non‑commercial broadcasting organisation that is prescribed.
(3) A person who commits an offence under subsection (1) shall be liable on conviction —(a)
in relation to subsection (1)(a)(i), to a fine not exceeding $20,000; and
(b)
in relation to subsection (1)(a)(ii), to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 2 years or to both.
Power to deal with protected copies, etc., in proceedings under section 439
Open ↗440.—(1) This section applies where —(a)
a person is charged for an offence under section 439 in a court (whether or not the person is convicted); and
(b)
there is before the court or in the person’s possession an article that appears to be mainly used for circumventing technological measures applied to protected copies.
(2) The court may order that the article be —(a)
delivered up and forfeited to the rights owner concerned;
(b)
destroyed; or
(c)
otherwise dealt with.
Powers of entry, search and seizure
Open ↗441.—(1) Information may be given on oath to a court that there is reasonable cause to suspect that an article or a document —(a)
is located at any premises; and
(b)
is evidence that an offence under section 439 has been committed.
(2) If information is given under subsection (1), the court may issue a warrant authorising a police officer (either with or without conditions) —(a)
to enter and search the premises for articles and documents specified (either specifically or in any general category) in the warrant; and
(b)
if any articles or documents so specified are found at the premises — to seize them.
(3) In this section and section 442, “document” means anything in which information of any description is recorded.
Disposal of seized evidence
Open ↗442.—(1) This section applies where —(a)
an article or a document is seized under section 441; and
(b)
either —(i)
no proceedings are brought for an offence under section 439 within 6 months of the seizure; or
(ii)
in the case of a seized article — proceedings are brought for an offence under section 439, but no order is made under section 440 in respect of the article.
(2) The article or document must be —(a)
returned to the person who was in possession of the article or document when it was seized; or
(b)
if it is not practicable to so return the article or document — disposed of in accordance with section 108 of the Police Force Act 2004 (disposal of lost or unclaimed property deposited with police).
Other rights not affected
Open ↗443. This Division does not affect any provision of this Act providing for —(a)
any copyright in a work;
(b)
any other right in relation to a performance or a recording of the performance;
(c)
any limitation on the rights in paragraph (a) or (b); or
(d)
any defence to an action for a rights infringement.
Source: Singapore Statutes Online (Attorney-General's Chambers), © Government of Singapore.
