Distribution, etc., of infringing copies of works
Open ↗448. 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)
distributes an article —(A)
other than for the purposes of trade; and
(B)
to an extent that will prejudicially affect the copyright owner;
(ii)
imports an article for the purpose of distributing the article —(A)
other than for the purposes of trade; and
(B)
to an extent that will prejudicially affect the copyright owner;
(iii)
possesses an article for the purpose of distributing the article —(A)
other than for the purposes of trade; and
(B)
to an extent that will prejudicially affect the copyright owner; and
(b)
when doing the act, the person knows or ought reasonably to know that the article is an infringing copy of the work.
Wilful and significant rights infringement
Open ↗449.—(1) A person commits an offence if —(a)
the person wilfully commits a rights infringement; and
(b)
the extent of the infringement is significant.
(2) All relevant matters must be considered in deciding whether the extent of a rights infringement is significant for the purposes of subsection (1), including —(a)
the volume of any articles that are infringing copies;
(b)
the value of any articles that are infringing copies; and
(c)
whether the infringement has a substantial prejudicial impact on the rights owner.
Causing certain works or performances to be performed, seen or heard in public for private profit
Open ↗450.—(1) A person commits an offence if —(a)
the person does any of the following acts:(i)
causes a literary, dramatic or musical work to be performed in public;
(ii)
causes the visual images of a film to be seen in public or any sounds of the film to be heard in public (or both);
(b)
the act is done —(i)
other than by the reception of a television broadcast or cable programme;
(ii)
for the person’s private profit; and
(iii)
at any time when copyright subsists in the work; and
(c)
the person knows or ought reasonably to know that the act infringes the copyright in the work.
(2) A person commits an offence if —(a)
the person does an act that causes a protected performance to be seen or heard live in public (or both);[Act 32 of 2024 wef 25/11/2024]
(b)
the act is done for the person’s private profit; and
(c)
the person knows or ought reasonably to know that the act is an infringing use of the performance.
(3) A person commits an offence if —(a)
the person does an act that causes a recording of a protected performance to be heard in public;
(b)
the act is done for the person’s private profit; and
(c)
the person knows or ought reasonably to know that the recording is an infringing copy of the protected performance.[Act 32 of 2024 wef 25/11/2024]
Advertisement for supply of infringing copies of works
Open ↗451.—(1) Subject to subsection (2), a person commits an offence if —(a)
the person publishes, or causes to be published, an advertisement in Singapore; and
(b)
the advertisement is for the supply in Singapore (whether from within or outside Singapore) of an infringing copy of a work.
(2) It is a defence for the person to prove, on a balance of probabilities, that the person —(a)
acted in good faith; and
(b)
had no reasonable grounds to believe that the advertisement would or could lead to an infringement of the copyright in the work.
(3) For the purposes of subsection (1), if a copy of a work is created when a communication of the work is received and recorded, the communication of the work is taken to be the supply of the work at the place where the copy is created.
Punishment
Open ↗452.—(1) A person convicted of an offence under section 448 shall be liable —(a)
in the case of an individual —(i)
to a fine not exceeding the higher of the following:(A)
$20,000;
(B)
$2,000 for each article in respect of which the offence is committed;
(ii)
to imprisonment for a term not exceeding 2 years; or
(iii)
to both; and
(b)
in any other case — to a fine not exceeding the higher of the following:(i)
$40,000;
(ii)
$4,000 for each article in respect of which the offence is committed.
(2) A person convicted of an offence under section 449, 450 or 451 shall be liable —(a)
in the case of an individual — to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 2 years or to both; and
(b)
in any other case — to a fine not exceeding $40,000.
Source: Singapore Statutes Online (Attorney-General's Chambers), © Government of Singapore.
