Commercial dealings, etc., in infringing copies
444.—(1) A person commits an offence if —(a)
at any time when copyright subsists in a work, the person does any of the following acts:(i)
makes an article for sale or hire;
(ii)
deals commercially in an article;
(iii)
imports an article for the purpose of commercial dealing;
(iv)
possesses an article for the purpose of commercial dealing; and
(b)
when doing the act, the person knows or ought reasonably to know that the article is an infringing copy of the work.
(2) A person commits an offence if —(a)
at any time during the protection period of a performance, the person does any of the following acts:(i)
makes an article for sale or hire;
(ii)
deals commercially in an article;
(iii)
imports an article for the purpose of commercial dealing;
(iv)
possesses an article for the purpose of commercial dealing; and
(b)
when doing the act, the person knows or ought reasonably to know that the article is an infringing copy of the performance.
Infringement for commercial advantage, etc.
445. A person commits an offence if the person —(a)
wilfully commits a rights infringement for commercial advantage; or
(b)
commits a copyright infringement under section 150.
Making or possessing article capable of making infringing copies
446.—(1) A person commits an offence if —(a)
at any time when copyright subsists in a work, the person makes or possesses an article specifically designed or adapted for making infringing copies of the work; and
(b)
the person knows or ought reasonably to know that the article is to be used to make infringing copies of the work for the purpose of commercial dealing.
(2) A person commits an offence if —(a)
at any time during the protection period of a performance, the person makes or possesses an article specifically designed or adapted for making infringing copies of the performance; and
(b)
the person knows or ought reasonably to know that the article is to be used to make infringing copies of the performance for the purpose of commercial dealing.
Punishment
447.—(1) A person convicted of an offence under section 444 shall be liable —(a)
in the case of an individual —(i)
to a fine not exceeding the higher of the following:(A)
$100,000;
(B)
$10,000 for each article in respect of which the offence is committed;
(ii)
to imprisonment for a term not exceeding 5 years; or
(iii)
to both; and
(b)
in any other case — to a fine not exceeding the higher of the following:(i)
$200,000;
(ii)
$20,000 for each article in respect of which the offence is committed.
(2) A person convicted of an offence under section 445 or 446 shall be liable —(a)
in the case of an individual — to a fine not exceeding $100,000 or to imprisonment for a term not exceeding 5 years or to both; and
(b)
in any other case — to a fine not exceeding $200,000.
Source: Singapore Statutes Online (Attorney-General's Chambers), © Government of Singapore.
