Long Title

Part I PRELIMINARY

Part II INTERPRETATION

Part III COPYRIGHT IN ORIGINAL LITERARY, DRAMATIC, MUSICAL AND ARTISTIC WORKS

Division 1 — Nature, Duration and Ownership of Copyright in Works

Division 2 — Infringement of Copyright In Works

Division 3 — Acts not Constituting Infringements of Copyright Works

Division 4 — Acts not Constituting Infringements of Copyright in Literary, Dramatic and Musical Works

Division 5 — Copying of Works in Libraries

Division 6 — Copying of Works for Educational Purposes

Division 7 — Copying of Works in Institutions Assisting Handicapped Readers and Institutions Assisting Intellectually Handicapped Readers

Division 8 — Recording of Musical Works

Division 9 — Acts not Constituting Infringements of Copyright in Artistic Works

Division 10 — Designs

Division 11 — Works of Joint Authorship

Part IV COPYRIGHT IN SUBJECT-MATTER OTHER THAN WORKS

Division 1 — Preliminary

Division 2 — Nature of Copyright in Subject-Matter other than Works

Division 3 — Subject-Matter, other than Works, in which Copyright Subsists

Division 4 — Duration of Copyright in Subject-Matter other than Works

Division 5 — Ownership of Copyright in Subject-Matter other than Works

Division 6 — Infringement of Copyright in Subject-Matter other than Works

Division 7 — Miscellaneous

Part V REMEDIES FOR INFRINGEMENTS OF COPYRIGHT

Division 1 — Preliminary

Division 2 — Actions by Owner of Copyright

Division 3 — Proceedings where Copyright is subject to Exclusive Licence

Division 4 — Proof of Facts in Copyright Proceedings

Division 5 — Offences

Division 6 — Border Enforcement Measures

Division 7 — Powers of Search

Division 8 — Miscellaneous

Part VI COMPULSORY LICENCES FOR TRANSLATION AND REPRODUCTION OF CERTAIN WORKS

Part VII COPYRIGHT TRIBUNAL

Division 1 — Preliminary

Division 2 — Constitution of Tribunal

Division 3 — Inquiries by, and Applications and References to, Tribunal

Division 4 — Procedure and Evidence

Division 5 — Miscellaneous

Part VIII EXTENSION OR RESTRICTION OF THIS ACT

Part IX FALSE ATTRIBUTION OF AUTHORSHIP

Part IXA WORKS, OR OTHER SUBJECT-MATTER, IN ELECTRONIC FORM0

Part X MISCELLANEOUS

Part XI TRANSITIONAL

Division 1 — Preliminary

Division 2 — Original Works

Division 3 — Subject-Matter other than Works

Division 4 — Miscellaneous

Division 5 — Works made before 1st July 1912

Part XII PERFORMERS’ PROTECTION

Part XIII RIGHTS MANAGEMENT INFORMATION

Part XIIIA CIRCUMVENTION OF TECHNOLOGICAL MEASURES

Part XIV TRANSITIONAL PROVISIONS UNDER INTELLECTUAL PROPERTY (MISCELLANEOUS AMENDMENTS) ACT 2004

Part XV SAVINGS AND TRANSITIONAL PROVISIONS UNDER COPYRIGHT (AMENDMENT) ACT 2004

THE SCHEDULE False Registration of Industrial Designs

Legislative Source Key

Legislative History

Comparative Table

Comparative Table

Division 8 — Recording of Musical Works
Interpretation of this Division
55.
—(1)  In this Division —
(a)
a reference to a musical work shall be read as a reference to the work in its original form or to an adaptation of the work;
(b)
a reference to the owner of the copyright in a literary, dramatic or musical work shall, unless the contrary intention appears, be read as a reference to the person who is entitled to authorise the making in, and the importation into, Singapore of records of the works; and
(c)
a reference to sale of a record by retail or to retail sale of a record shall be read as not including a reference to —
(i)
sale for a consideration not consisting wholly of money; or
(ii)
sale by a person not ordinarily carrying on the business of making or selling records.
(2)  In this Division, where a musical work is comprised partly in one record and partly in another record or other records, all the records shall be treated as if they constituted a single record.
(3)  A reference in this Division to a record of a musical work does not include a reference to a sound-track associated with visual images forming part of a cinematograph film.
[Aust. 1968, s. 54]
Conditions upon which manufacturer may make records of musical work
56.
—(1)  Subject to this Division, the copyright in a musical work is not infringed by a person (referred to in this section as the manufacturer) who makes a record of the work or an adaptation thereof in Singapore, if —
(a)
records of the work, or, as the case may be, of a similar adaptation of the work, have previously been made in, or imported into, Singapore for the purposes of retail sale, and were so made or imported by, or with the licence of, the owner of the copyright in the work;
(b)
before the making of the record, the manufacturer gave to the owner of the copyright the prescribed notice of his intention to make it;
(c)
the manufacturer intends to sell the record by retail, or to supply it for the purpose of its being sold by retail by another person, or intends to use it for making other records which are to be so sold or supplied; and
(d)
in the case of a record which is sold by retail or supplied for the purpose of its being sold by retail by another person, the manufacturer pays to the owner of the copyright, in the prescribed manner and at the prescribed time, a royalty of an amount ascertained in accordance with the provisions of this Division.
[6/98]
(2)  Subsection (1) shall not apply in relation to a record of an adaptation of a musical work if the adaptation debases the work.
(3)  Without limiting the generality of subsection (1)(d), the regulations made for the purposes of that subsection may provide —
(a)
that payment of the royalties in respect of records, or of an amount, ascertained in accordance with the regulations, in respect of the royalties in respect of records, is, or is in such classes of cases as are specified in those regulations, to be made before the records are sold or supplied by the manufacturer; and
(b)
that the doing of such acts as are specified in those regulations, being such acts as the Minister considers convenient for ensuring the receipt by the owner of the copyright of the royalties in respect of records or, if the owner of the copyright cannot be found by reasonable inquiry, as the Minister considers reasonable in the circumstances, is to be deemed to constitute payment of the royalties.
[Aust. 1968, s. 55]
Amount of royalty
57.
—(1)  Subject to this Division, the royalty payable in respect of a record is 5% of the retail selling price of the record, which shall be determined in the manner prescribed by the regulations.
(2)  If the royalty payable in respect of a record under this section includes a fraction of a cent that is less than or more than one-half of a cent —
(a)
where that fraction is less than one-half of a cent — that fraction shall be treated as one-half of a cent; and
(b)
where that fraction is more than one-half of a cent — that fraction shall be treated as a whole cent.
(3)  If, apart from this subsection, the royalty payable in respect of a record under this section would be less than one cent, that royalty shall be one cent.
Provisions relating to royalty where 2 or more works are on the one record
58.  Where a record comprises 2 or more musical works, whether or not there is any other matter comprised in the record —
(a)
if the record includes a work in which copyright does not subsist or works in which copyrights do not subsist — the royalty payable in respect of the record is, subject to paragraph (b), the amount that bears to the amount that, but for this section, would be the amount of the royalty the same proportion as the number of works in the record in which copyrights subsist bears to the total number of works in the record; and
(b)
if the record includes 2 or more works in which copyrights subsist —
(i)
subject to this Division, the royalty payable in respect of the record shall not be less than one cent in respect of each work in the record in which copyright subsists; and
(ii)
if the owners of the copyrights in the works in the record in which copyrights subsist are different persons — there shall be paid to the owner of the copyright in each work, in respect of that work, an amount ascertained by dividing the amount of the royalty payable in respect of the record by the number of works in the record in which copyrights subsist.
[Aust. 1968, s. 57]
Revision of royalty and minimum royalty
59.
—(1)  If at any time after 10th April 1988 it appears to the Minister charged with the responsibility for trade and industry that the royalty, or the minimum royalty, payable in respect of records generally or in respect of records included in a particular class of records is not equitable, he may request the Copyright Tribunal to hold an inquiry into the matter and report the result of its inquiry to him.
(2)  At any time after the Copyright Tribunal has made a report in relation to the royalty, or the minimum royalty, payable in respect of records generally or in respect of records included in a particular class of records, the regulations may provide that the relevant provision of this Act, in its application in respect of records generally or in respect of records included in that class of records, as the case may be, shall have effect as if it were subject to such variations as are provided by the regulations, being such variations as the Minister thinks equitable.
(3)  Where the Copyright Tribunal has made a report in relation to the royalty, or the minimum royalty, payable in respect of records included in a particular class of records (whether the report related only to records included in that class or also related to other records), the Minister charged with the responsibility for trade and industry shall not, before the expiration of 5 years after the report was made, request the Tribunal to hold an inquiry under this section in relation to the royalty, or the minimum royalty, as the case may be, payable in respect of records included in that class.
(4)  In this section, “the relevant provision of this Act” means —
(a)
in relation to the royalty payable in respect of any records — section 57(1) or, if that section is affected by regulations made for the purposes of this section, that section as so affected; and
(b)
in relation to the minimum royalty payable in respect of any records — sections 57(3) and 58(b)(i) or, if those provisions are affected by regulations made for the purposes of this section, those provisions as so affected.
Conditions upon which manufacturer may include part of a literary or dramatic work in a record of a musical work
60.
—(1)  Where —
(a)
a person makes in Singapore a record comprising the performance of a musical work in which words are sung, or are spoken incidentally to or in association with the music, whether or not there is any other matter comprised in the record;
(b)
copyright does not subsist in that work or, if copyright so subsists, the requirements specified in section 56(1) are complied with in relation to that copyright;
(c)
the words consist or form part of a literary or dramatic work in which copyright subsists;
(d)
a record of the musical work in which those words, or words substantially the same as those words, were sung, or were spoken incidentally to or in association with the music has previously been made in, or imported into, Singapore for the purpose of retail sale and was so made or imported by, or with the licence of, the owner of the copyright in the literary or dramatic work; and
(e)
the like notice was given to the owner of the copyright in the literary or dramatic work as is required by section 56(1)(b) to be given to the owner of the copyright (if any) in the musical work and there is paid to the owner of the copyright in the literary or dramatic work such amount (if any) as is ascertained in accordance with this section,
the making of the record shall not constitute an infringement of the copyright in the literary or dramatic work.
(2)  Where copyright does not subsist in the musical work, the amount to be paid in respect of the literary or dramatic work is an amount equal to the royalty that, but for this section, would have been payable in respect of the musical work if copyright had subsisted in the musical work.
(3)  Where copyright subsists in the musical work as well as in the literary or dramatic work —
(a)
if the copyrights in those works are owned by the same person — an amount is not payable in respect of the literary or dramatic work; or
(b)
if the copyrights in those works are owned by different persons — the royalty that, but for this section, would have been payable in respect of the musical work shall be apportioned between them in such manner as they agree, or, in default of the agreement, as is determined by the Copyright Tribunal on the application of either of them.
(4)  Where the owner of the copyright in a musical work and the owner of the copyright in a literary or dramatic work do not agree on the manner in which an amount is to be apportioned between them but the person who made the record gives an undertaking in writing to each owner to pay to him the portion of that amount that the Tribunal determines to be payable to him, then —
(a)
paragraph (d) of section 56(1) and paragraph (e) of subsection (1) of this section shall have effect as if the payments referred to in those paragraphs had been made; and
(b)
the person who made the record shall be liable, when the amount to which an undertaking relates is determined, to pay that amount to the owner of the copyright to whom the undertaking was given and the owner may recover that amount in a court of competent jurisdiction from that person as a debt due to the owner.
(5)  The regulations made for the purposes of section 56(1)(d) in relation to payments to the owner of the copyright in a musical work shall have the like effect, with any necessary modifications, for the purposes of subsection (1)(e) in relation to payments to the owner of the copyright in a literary or dramatic work.
[Aust. 1968, s. 59]
Making inquiries in relation to previous records
61.  Where —
(a)
a person makes inquiries, as prescribed, for the purpose of ascertaining whether a record of a musical work, or a record of a musical work in which words consisting or forming part of a literary or dramatic work were sung or spoken, has previously been made in, or imported into, Singapore by, or with the licence of, the owner of the copyright in the musical work or in the literary or dramatic work, as the case may be, for the purpose of retail sale or for use in making other records for the purpose of retail sale; and
(b)
an answer to those inquiries is not received within the prescribed period,
a record of that musical work, or a record of that work in which those words were sung or spoken, as the case may be, shall, for the purposes of the application of this Division —
(i)
in relation to the person who made the inquiries; or
(ii)
in relation to a person who makes records of the musical work, or records of that work in which those words or substantially the same words are sung or spoken, for the purpose of supplying those records to the person who made the inquiries in pursuance of an agreement entered into between those persons for the making of the records,
be taken to have been previously made in, or imported into, Singapore with the licence of the owner of that copyright for the purpose of retail sale or for use in making other records for the purpose of retail sale, as the case may be.
[Aust. 1968, s. 61]
Application of Division in relation to record of part of a work
62.
—(1)  Subject to subsection (2), this Division shall apply in relation to a record of a part of a musical work in like manner as it applies in relation to a record of the whole of the work.
(2)  Section 56(1) shall not apply in relation to —
(a)
a record of the whole of a work unless the previous record referred to in paragraph (a) of that subsection was a record of the whole of the work; and
(b)
a record of a part of a work unless that previous record was a record of, or comprising, that part of the work.