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 TRIBUNALS

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

PART III
COPYRIGHT IN ORIGINAL LITERARY, DRAMATIC, MUSICAL AND ARTISTIC WORKS
Division 1 — Nature, Duration and Ownership of Copyright in Works
Nature of copyright in original works
26.
—(1)  For the purposes of this Act, unless the contrary intention appears, copyright, in relation to a work, is the exclusive right —
(a)
in the case of a literary, dramatic or musical work, to do all or any of the following acts:
(i)
to reproduce the work in a material form;
(ii)
to publish the work if the work is unpublished;
(iii)
to perform the work in public;
(iv)
to communicate the work to the public;
(v)
to make an adaptation of the work;
(vi)
to do, in relation to a work that is an adaptation of the first-mentioned work, any of the acts specified in relation to the first-mentioned work in sub-paragraphs (i) to (v);
(b)
in the case of an artistic work, to do all or any of the following acts:
(i)
to reproduce the work in a material form;
(ii)
to publish the work in Singapore or any country in relation to which this Act applies, if the work is unpublished;
(iii)
to communicate the work to the public; and
(c)
in the case of a computer program, to enter into a commercial rental arrangement in respect of the program unless the program is not the essential object of the rental.
[6/98; 52/2004]
(2)  Subsection (1)(c) shall not extend to entry into a commercial rental arrangement in respect of a machine or device in which a computer program is embodied if the program is not able to be copied in the course of the ordinary use of the machine or device.
[6/98]
(3)  The reference in subsection (2) to a device shall not include a device of a kind ordinarily used to store computer programs, such as a floppy disc, a device of the kind commonly known as a CD ROM, or an integrated circuit.
[6/98]
(4)  Subsection (1)(c) shall not extend to entry into a commercial rental arrangement in respect of a computer program if —
(a)
the copy of the computer program, not being an infringing copy, was purchased by a person (referred to in this subsection as the program owner) before 16th April 1998;
(b)
the commercial rental arrangement is entered into in the ordinary course of a business conducted by the program owner; and
(c)
the program owner was conducting the same business, or another business that consisted of, or included, the making of commercial rental arrangements in respect of computer programs, when the copy was purchased.
[6/98]
[Aust. 1968, s. 31]
Original works in which copyright subsists
27.
—(1)  Subject to the provisions of this Act, copyright shall subsist in an original literary, dramatic, musical or artistic work that is unpublished and of which the author —
(a)
was a qualified person at the time when the work was made; or
(b)
if the making of the work extended over a period — was a qualified person for a substantial part of that period.
(2)  Subject to the provisions of this Act, where an original literary, dramatic, musical or artistic work has been published —
(a)
copyright shall subsist in the work; or
(b)
if copyright in the work subsisted immediately before its first publication, copyright shall continue to subsist in the work,
if, but only if —
(c)
the first publication of the work took place in Singapore;
(d)
the author of the work was a qualified person at the time when the work was first published; or
(e)
the author died before that time but was a qualified person immediately before his death.
(3)  Notwithstanding subsection (2) but subject to the remaining provisions of this Act, copyright shall subsist in —
(a)
an original artistic work that is a building situated in Singapore; or
(b)
an original artistic work that is attached to, or forms part of, such a building.
(4)  In this section, “qualified person” means a citizen of Singapore or a person resident in Singapore.
[Aust. 1968, s. 32]
Duration of copyright in original works
28.
—(1)  This section shall have effect subject to sections 27(2) and 29.
(2)  Subject to this section, where, by virtue of this Part, copyright subsists in a literary, dramatic or musical work, or in an artistic work other than a photograph, that copyright shall continue to subsist until the expiration of 70 years after the expiration of the calendar year in which the author of the work died.
[21/2004]
(3)  If, before the death of the author of a literary, dramatic or musical work —
(a)
the work had not been published;
(b)
the work had not been performed in public;
(c)
the work had not been broadcast;
(d)
the work had not been included in a cable programme; and
(e)
records of the work had not been offered or exposed for sale to the public,
the copyright in the work shall continue to subsist until the expiration of 70 years after the expiration of the calendar year in which the work is first published, performed in public, or broadcast, or included in a cable programme, or records of the work are first offered or exposed for sale to the public, whichever is the earliest of those events to happen.
[21/2004]
(4)  A reference in subsection (3) to the doing of an act in relation to a work shall be read as including a reference to the doing of that act in relation to an adaptation of the work.
(5)  If, before the death of the author of an engraving, the engraving had not been published, the copyright in the engraving shall continue to subsist until the expiration of 70 years after the expiration of the calendar year in which the engraving is first published.
[21/2004]
(6)  Copyright subsisting in a photograph by virtue of this Part shall continue to subsist until the expiration of 70 years after the expiration of the calendar year in which the photograph is first published.
[21/2004]
[Aust. 1968, s. 33]
Duration of copyright in anonymous and pseudonymous work
29.
—(1)  Subject to subsection (2), where the first publication of a literary, dramatic or musical work, or of an artistic work other than a photograph, is anonymous or pseudonymous, section 28 shall not apply in relation to the work but any copyright subsisting in the work by virtue of this Part shall continue to subsist until the expiration of the period of 70 years after the expiration of the calendar year in which the work was first published.
[21/2004]
(2)  Subsection (1) shall not apply in relation to a work if at any time before the expiration of the period referred to in that subsection, the identity of the author of the work is generally known or can be ascertained by reasonable inquiry.
[Aust. 1968, s. 34]
Ownership of copyright in original works
30.
—(1)  This section shall have effect subject to Part X.
(2)  Subject to this section, the author of a literary, dramatic, musical or artistic work shall be entitled to any copyright subsisting in the work by virtue of this Part.
(3)  The operation of subsection (4), (5) or (6) in relation to copyright in a particular work may be excluded or modified by agreement.
(4)  Where a literary, dramatic or artistic work is made by the author in pursuance of the terms of his employment by the proprietor of a newspaper, magazine or similar periodical under a contract of service or apprenticeship and is so made for the purpose of publication in a newspaper, magazine or similar periodical, the proprietor shall be entitled to any copyright subsisting in the work by virtue of this Part insofar as the copyright relates to —
(a)
publication of the work in any newspaper, magazine or similar periodical; or
(b)
reproduction of the work for the purpose of its being so published,
but not otherwise.
(5)  Subject to subsection (4), where —
(a)
a person makes, for valuable consideration, an agreement with another person for the taking of a photograph, the painting or drawing of a portrait or the making of an engraving by the other person; and
(b)
the work is made in pursuance of the agreement,
the first-mentioned person shall be entitled to any copyright subsisting in the work by virtue of this Part, except that if the work is required for any particular purpose, that purpose shall be communicated to that other person and that other person shall be entitled to restrain the doing, otherwise than for that particular purpose, of any act comprised in the copyright in the work.
(6)  Where a literary, dramatic or artistic work to which subsections (4) and (5) do not apply, or a musical work, is made by the author in pursuance of the terms of his employment by another person under a contract of service or apprenticeship, that other person shall be entitled to any copyright subsisting in the work by virtue of this Part.
[Aust. 1968, s. 35]
Division 2 — Infringement of Copyright In Works
Infringement by doing acts comprised in copyright
31.
—(1)  Subject to the provisions of this Act, the copyright in a literary, dramatic, musical or artistic work is infringed by a person who, not being the owner of the copyright, and without the licence of the owner of the copyright, does in Singapore, or authorises the doing in Singapore of, any act comprised in the copyright.
(2)  Sections 32 to 34 shall not affect the generality of subsection (1).
[Aust. 1968, s. 36]
Infringement by importation for sale or hire
32.  The copyright in a literary, dramatic, musical or artistic work is infringed by a person who, without the licence of the owner of the copyright, imports an article into Singapore for the purpose of —
(a)
selling, letting for hire, or by way of trade offering or exposing for sale or hire, the article;
(b)
distributing the article —
(i)
for the purpose of trade; or
(ii)
for any other purpose to an extent that will affect prejudicially the owner of the copyright; or
(c)
by way of trade exhibiting the article in public,
where he knows, or ought reasonably to know, that the making of the article was carried out without the consent of the owner of the copyright.
[Aust. 1968, s. 37]
Infringement by sale and other dealings
33.
—(1)  The copyright in a literary, dramatic, musical or artistic work is infringed by a person who, in Singapore, and without the licence of the owner of the copyright —
(a)
sells, lets for hire, or by way of trade offers or exposes for sale or hire, an article; or
(b)
by way of trade exhibits an article in public,
where he knows, or ought reasonably to know, that the making of the article constituted an infringement of the copyright or, in the case of an imported article, the making of the article was carried out without the consent of the owner of the copyright.
(2)  For the purposes of subsection (1), the distribution of any articles —
(a)
for the purpose of trade; or
(b)
for any other purpose to an extent that affects prejudicially the owner of the copyright concerned,
shall be taken to be the sale of those articles.
[Aust. 1968, s. 38]
Infringing copies made on machines installed in libraries and archives
34.  Where —
(a)
a person makes an infringing copy of, or part of, a work or a published edition of a work or of 2 or more works on a machine for the making, by reprographic reproduction, of copies of documents, being a machine installed by or with the approval of the body administering a library or archives on the premises of the library or archives, or outside those premises for the convenience of persons using the library or archives; and
(b)
there is affixed to, or in close proximity to, the machine, in a place readily visible to persons using the machine, a notice of the prescribed dimensions and in accordance with the prescribed form,
neither the body administering the library or archives nor the officer-in-charge of the library or archives shall be taken to have authorised the making of the infringing copy by reason only that the copy was made on that machine.
[Aust. 1968, s. 39]
Division 3 — Acts not Constituting Infringements of Copyright Works
Fair dealing in relation to works
35.
—(1)  Subject to this section, a fair dealing with a literary, dramatic, musical or artistic work, or with an adaptation of a literary, dramatic or musical work, for any purpose other than a purpose referred to in section 36 or 37 shall not constitute an infringement of the copyright in the work.
[52/2004]
(1A)  The purposes for which a dealing with a literary, dramatic, musical or artistic work, or with an adaptation of a literary, dramatic or musical work, may constitute a fair dealing under subsection (1) shall include research and study.
[52/2004]
(2)  For the purposes of this Act, the matters to which regard shall be had, in determining whether a dealing with a literary, dramatic, musical or artistic work or with an adaptation of a literary, dramatic or musical work, being a dealing by way of copying the whole or a part of the work or adaptation, constitutes a fair dealing with the work or adaptation for any purpose other than a purpose referred to in section 36 or 37 shall include —
(a)
the purpose and character of the dealing, including whether such dealing is of a commercial nature or is for non-profit educational purposes;
(b)
the nature of the work or adaptation;
(c)
the amount and substantiality of the part copied taken in relation to the whole work or adaptation;
(d)
the effect of the dealing upon the potential market for, or value of, the work or adaptation; and
(e)
the possibility of obtaining the work or adaptation within a reasonable time at an ordinary commercial price.
[52/2004]
(3)  Notwithstanding subsection (2), a dealing with a literary, dramatic or musical work, or with an adaptation of such a work, being a dealing by way of the copying, for the purposes of research or study —
(a)
if the work or adaptation comprises an article in a periodical publication, of the whole or a part of that work or adaptation; or
(b)
in any other case, of not more than a reasonable portion of the work or adaptation,
shall be taken to be a fair dealing with that work or adaptation for the purpose of research or study.
[52/2004]
(4)  Subsection (3) shall not apply to a dealing by way of the copying of the whole or a part of an article in a periodical publication if another article in that publication, being an article dealing with a different subject-matter, is also copied.
Fair dealing for purpose of criticism or review
36.  A fair dealing with a literary, dramatic, musical or artistic work, or with an adaptation of a literary, dramatic or musical work, shall not constitute an infringement of the copyright in the work if it is for the purpose of criticism or review, whether of that work or of another work, and a sufficient acknowledgment of the work is made.
[Aust. 1968, s. 41]
Fair dealing for purpose of reporting current events
37.  A fair dealing with a literary, dramatic, musical or artistic work, or with an adaptation of a literary, dramatic or musical work, shall not constitute an infringement of the copyright in the work if it is for the purpose of, or is associated with, the reporting of current events —
(a)
in a newspaper, magazine or similar periodical and a sufficient acknowledgment of the work is made; or
(b)
by means of broadcasting or a cable programme service or in a cinematograph film.
[Aust. 1968, s. 42 (1)]
Reproduction for purposes of judicial proceedings or professional advice
38.  The copyright in a literary, dramatic, musical or artistic work is not infringed by anything done —
(a)
for the purposes of a judicial proceeding or of a report of a judicial proceeding;
(b)
for the purpose of seeking professional advice from an advocate and solicitor; or
(c)
for the purpose of, or in the course of, the giving of professional advice by an advocate and solicitor.
[Aust. 1968, s. 43]
Temporary reproduction made in course of communication
38A.
—(1)  Subject to subsection (3), the copyright in a work is not infringed by the making of a temporary or transient reproduction of the work if —
(a)
the reproduction is made incidentally as part of the technical process of making or receiving a communication; and
(b)
the act of making the communication itself does not constitute an infringement.
[22/2005]
(2)  Subject to subsection (3), the copyright in an adaptation of a work is not infringed by the making of a temporary or transient reproduction of the adaptation if —
(a)
the reproduction is made incidentally as part of the technical process of making or receiving a communication; and
(b)
the act of making the communication itself does not constitute an infringement.
[22/2005]
(3)  Subsections (1) and (2) shall not apply to the making of a temporary or transient reproduction of a work, or an adaptation of a work, if the reproduction of the work or adaptation that is communicated —
(a)
is an infringing copy of the work or adaptation; or
(b)
is a reproduction that, if it had been made in Singapore, would have been an infringing copy of the work or adaptation.
[22/2005]
(4)  Nothing in subsections (1) and (2) shall be construed as authorising any subsequent use of the temporary or transient reproduction of the work or adaptation.
[22/2005]
[Aust. 1968, s. 43A]
Back-up copy of computer program, etc.
39.
—(1)  Subject to subsection (2), the copyright in a literary work being a computer program is not infringed by the making of a reproduction of the work, or of a computer program being an adaptation of the work, if —
(a)
the reproduction is made by, or on behalf of, the owner of the copy (referred to in this section as the original copy) from which the reproduction is made; and
(b)
the reproduction is made for the purpose only of being used, by or on behalf of the owner of the original copy, in lieu of the original copy in the event that the original copy is lost, destroyed or rendered unusable.
(2)  Subsection (1) shall not apply to the making of a reproduction of a computer program, or of an adaptation of a computer program, from an infringing copy of the computer program.
[6/98]
(3)  Notwithstanding section 31, it is not an infringement for the owner of a copy of a computer program or of a compilation within the meaning of section 7A in an electronic form to make or authorise the making of another copy or adaptation of that computer program or compilation provided that such a new copy or adaptation is created as an essential step in the utilisation of the computer program or compilation in conjunction with a machine and that it is used in no other manner.
[38/99]
(4)  Where an act is permitted under this section —
(a)
it is irrelevant whether or not there exists any term or condition in an agreement which purports to prohibit or restrict the act; and
(b)
any such term or condition shall, insofar as it purports to prohibit or restrict the act, be void.
[6/98]
(5)  For the purposes of this section, a reference to a copy of a computer program or compilation or of an adaptation of a computer program or compilation is a reference to any article in which the computer program, compilation or adaptation is reproduced in a material form.
[38/99]
[Aust. 1968, s. 43A (as amended by Aust. Am. 1984, s. 4)]
Decompilation
39A.
—(1)  Subject to subsection (2), the copyright in a literary work, being a computer program expressed in a low level language, is not infringed by a lawful user of the computer program decompiling it if —
(a)
it is necessary to decompile the computer program to achieve the objective of obtaining the information necessary to create an independent computer program which can be operated with the computer program decompiled or with another computer program (referred to in this section as the permitted objective); and
(b)
the information so obtained is not used for any purpose other than the permitted objective.
[52/2004]
(2)  Subsection (1) shall not apply if the lawful user —
(a)
has readily available to him the information necessary to achieve the permitted objective;
(b)
does not confine the decompiling to such acts as are necessary to achieve the permitted objective;
(c)
supplies the information obtained by the decompiling to any person to whom it is not necessary to supply the information in order to achieve the permitted objective; or
(d)
uses the information —
(i)
to create a computer program which is substantially similar in its expression to the computer program decompiled; or
(ii)
to do any act restricted by copyright.
[52/2004]
(3)  Where an act is permitted under this section —
(a)
it shall be irrelevant whether or not there exists any term or condition in an agreement which purports to prohibit or restrict the act; and
(b)
any such term or condition shall, insofar as it purports to prohibit or restrict the act, be void.
[52/2004]
(4)  For the avoidance of doubt, this section is without prejudice to the generality of section 35 and does not limit the operation of that section.
[52/2004]
(5)  For the purposes of this section and sections 39B and 39C, a person is a lawful user of a computer program if he has a right to use the computer program, whether under a licence to do any act restricted by the copyright in the computer program or otherwise.
[52/2004]
(6)  In this section, “decompiling”, in relation to a computer program expressed in a low level language, means —
(a)
converting the computer program into a version expressed in a higher level language; or
(b)
incidentally in the course of so converting the computer program, copying the computer program,
and “decompile” shall be construed accordingly.
[52/2004]
Observing, studying and testing of computer programs
39B.
—(1)  The copyright in a literary work, being a computer program, is not infringed by a lawful user of the computer program observing, studying or testing the functioning of the computer program in order to determine the ideas and principles which underlie any element of the computer program, if he does so while performing any of the acts of loading, displaying, running, transmitting or storing the computer program which he is entitled to do.
[52/2004]
(2)  Where an act is permitted under this section —
(a)
it shall be irrelevant whether or not there exists any term or condition in an agreement which purports to prohibit or restrict the act; and
(b)
any such term or condition shall, insofar as it purports to prohibit or restrict the act, be void.
[52/2004]
(3)  For the avoidance of doubt, this section is without prejudice to the generality of section 35 and does not limit the operation of that section.
[52/2004]
Other acts permitted to lawful users
39C.
—(1)  Subject to subsection (3), the copyright in a literary work, being a computer program, is not infringed by a lawful user of the computer program copying or adapting the computer program, if such copying or adapting is necessary for his lawful use.
[52/2004]
(2)  For the avoidance of doubt, it may be necessary for the lawful use of a computer program to copy or adapt the computer program for the purpose of correcting errors in the computer program.
[52/2004]
(3)  Subsection (1) shall not apply to any copying or adapting permitted under section 39 or 39A.
[52/2004]
Inclusion of works in collections for use by educational institutions
40.
—(1)  The copyright in a published literary, dramatic, musical or artistic work is not infringed by the inclusion of a short extract from the work, or, in the case of a published literary, dramatic or musical work, from an adaptation of the work, in a collection of literary, dramatic, musical or artistic works contained in a book, sound recording or cinematograph film and intended for use by educational institutions if —
(a)
the collection is described in an appropriate place in the book, on the label of each record embodying the recording or of its container, or in the film, as being intended for use by educational institutions;
(b)
the work or adaptation was not published for the purpose of being used by educational institutions; and
(c)
a sufficient acknowledgment of the work or adaptation is made.
(2)  Subsection (1) shall not apply in relation to the copyright in a work if, in addition to the extract concerned, 2 or more other extracts from, or from adaptations of, works (being works in which copyright subsists at the time when the collection is published) by the author of the first-mentioned work are contained in that collection, or are contained in that collection taken together with every similar collection, if any, of works intended for use by educational institutions and published by the same publisher within the period of 5 years immediately preceding the publication of the first-mentioned collection.
[Aust. 1968, s. 44]
Accessories to imported articles
40A.
—(1)  The copyright in a work embodied in an accessory to an article is not infringed by a person who, without the licence of the owner of the copyright, imports the article into Singapore for a purpose mentioned in section 32(a), (b) or (c) unless the article is an infringing copy.
[14/94]
(2)  The operation of this Act in relation to a work embodied in an article shall not be affected by the operation of this section in relation to a work embodied in an accessory to the article.
[14/94]
(3)  If an article is imported into Singapore for a purpose mentioned in section 32(a), (b) or (c) and the importation is not, by reason of this section, an infringement of the copyright in a work embodied in an accessory to the article, the use of the accessory with the article for any such purpose shall not be an infringement of the copyright in the work, and section 33 shall not apply to the accessory.
[14/94]
Division 4 — Acts not Constituting Infringements of Copyright in Literary, Dramatic and Musical Works
Reading or recitation in public or for a communication
41.  The reading or recitation in public, or the inclusion in a communication of a reading or recitation, of an extract of reasonable length from a published literary or dramatic work, or from an adaptation of such a work, shall not constitute an infringement of the copyright in the work if a sufficient acknowledgment of the work is made.
[52/2004]
[Aust. 1968, s. 45]
Religious performances
42.  A performance of a literary, dramatic or musical work of a religious nature, or an adaptation of such a work, in the course of services at a place of worship or other religious assembly shall not constitute an infringement of the copyright in the work.
Reproduction for purpose of broadcasting
43.
—(1)  Where the broadcasting by a person of a literary, dramatic or musical work, or of an adaptation of such a work, would not (whether by reason of an assignment or a licence or of the operation of a provision of this Act) constitute an infringement of the copyright in the work, but the making by the person of a sound recording or a cinematograph film of the work or adaptation would, apart from this subsection, constitute such an infringement, the copyright in the work is not infringed by his making such a recording or film solely for the purpose of the broadcasting of the work or adaptation.
(2)  Subsection (1) shall not apply in relation to a recording or film if a record embodying the recording or a copy of the film is used for a purpose other than —
(a)
the broadcasting of the work or adaptation in circumstances that do not (whether by reason of an assignment or a licence or of the operation of a provision of this Act) constitute an infringement of the copyright in the work; or
(b)
the making of further records embodying the recording or further copies of the film for the purpose of the broadcasting of the work or adaptation in such circumstances.
(3)  Subsection (1) shall not apply in relation to a recording or film where a record embodying the recording or a copy of the film is used for the purpose of the broadcasting of the work or adaptation by a person who is not the maker of the recording or film unless the maker has paid to the owner of the copyright in the work such amount as they agree or, in default of agreement, has given an undertaking in writing to the owner to pay to him such amount as is determined by a Copyright Tribunal, on the application of either of them, to be equitable remuneration to the owner for the making of the recording or film.
[23/2009 wef 31/12/2009]
[6/98]
(4)  A person who has given an undertaking referred to in subsection (3) is liable, when a Copyright Tribunal has determined the amount to which the undertaking relates, to pay that amount to the owner of the copyright in the work and the owner may recover that amount in a court of competent jurisdiction from the person as a debt due to the owner.
[23/2009 wef 31/12/2009]
[6/98]
(5)  Subsection (1) shall not apply in relation to a recording or film unless all the records embodying the recording or all the copies of the film are destroyed or are delivered, with the consent of the Director of National Archives, to the National Archives of Singapore —
(a)
before the expiration of the period of 6 months or, in the case of a recording or film made by a non-profit organisation solely for its own broadcast, 2 years, commencing on the day on which any of the records embodying the recording or any of the copies of the film is first used for broadcasting the work or adaptation in accordance with that subsection; or
(b)
before the expiration of such further period, if any, as is agreed between the maker of the recording or film and the owner of the copyright in the work.
[6/98]
[Aust. 1968, s. 47]
Reproduction for purpose of simulcasting
43A.
—(1)  Subject to subsections (2) and (3), where the broadcasting by a person of a literary, dramatic or musical work, or of an adaptation of such a work, would not for any reason constitute an infringement of the copyright in the work, but the making by the person of a sound recording or a cinematograph film of the work or adaptation would, apart from this subsection, constitute such an infringement, the copyright in the work is not infringed by the person making the recording or film solely for the purpose of simulcasting the work or adaptation in digital form.
[52/2004]
(2)  Subsection (1) shall not apply in relation to the making of a recording or film if a record embodying the recording or a copy of the film is used for a purpose other than —
(a)
the simulcasting of the work or adaptation in circumstances that do not for any reason constitute an infringement of the copyright in the work; or
(b)
the making of —
(i)
further records embodying the recording; or
(ii)
further copies of the film,
for the purpose of simulcasting the work or adaptation in such circumstances.
[52/2004]
(3)  Subsection (1) shall not apply in relation to the making of a recording or film unless all the records embodying the recording or all the copies of the film made under that subsection are destroyed before the expiration of the prescribed period.
[52/2004]
[Aust. 1968, s. 47AA]
Division 5 — Copying of Works in Libraries
Interpretation of this Division
44.  In this Division, a reference to an article contained in a periodical publication shall be read as a reference to anything (other than an artistic work) appearing in such a publication.
[6/98]
[Aust. 1968, s. 48]
Copying by libraries and archives for users
45.
—(1)  A person may furnish to the officer-in-charge of a library (not being a library that is conducted for the profit, direct or indirect, of an individual or individuals) or the officer-in-charge of archives —
(a)
a request in writing to be supplied with a copy of an article, or a part of an article, contained in a periodical publication or of the whole or a part of a published literary, dramatic or musical work other than an article contained in a periodical publication; and
(b)
a declaration signed by him stating —
(i)
that he requires the copy for the purpose of research or study and will not use it for any other purpose; and
(ii)
that he has not previously been supplied with a copy of that article or other work, or the same part of the article or other work, as the case may be, by an authorised officer of the library or archives, or that he has lost, destroyed or damaged any such copy previously supplied to him.
[52/2004]
(2)  Subject to this section, where a request and declaration referred to in subsection (1) are furnished to the officer-in-charge of a library or archives, an authorised officer of the library or archives may, unless the declaration contains a statement that to his knowledge is untrue in a material particular, make, or cause to be made, the copy to which the request relates and supply the copy to the person who made the request.
(3)  Where a charge is made for making and supplying a copy to which a request under subsection (1) relates, subsection (2) shall not apply in relation to the request if the amount of the charge exceeds the cost of making and supplying the copy and a reasonable contribution to the general expenses of the library.
(4)  Subsection (2) shall not apply in relation to a request for a copy of, or parts of, 2 or more articles contained in the same periodical publication unless the articles relate to the same subject-matter.
(5)  Subsection (2) shall not apply to a request for a copy of the whole of a literary, dramatic or musical work (other than an article contained in a periodical publication), or to a copy of a part of such a work that contains more than a reasonable portion of the work unless —
(a)
the work forms part of the library or archives collection; and
(b)
before the copy is made, an authorised officer of the library has, after reasonable investigation, made a declaration stating that he is satisfied that a copy (not being a secondhand copy) of the work cannot be obtained within a reasonable time at an ordinary commercial price.
[6/98]
(6)  The copyright in an article contained in a periodical publication is not infringed by the making, in relation to a request under subsection (1), of a copy of the article, or of a part of the article, in accordance with subsection (2) unless the copy is supplied to a person other than the person who made the request.
(7)  The copyright in a published literary, dramatic or musical work other than an article contained in a periodical publication is not infringed by the making, in relation to a request under subsection (1), of a copy of the work, or of a part of the work, in accordance with subsection (2) unless the copy is supplied to a person other than the person who made the request.
(7A)  If an article contained in a periodical publication or a published work (other than an article contained in a periodical publication) is acquired, in electronic form, as part of the collection of a library or archives, the copyright in the article or published work is not infringed by the officer-in-charge of the library or archives making it available online within the premises of the library or archives in such a manner that users cannot, by using any equipment supplied by the library or archives —
(a)
make an electronic copy of the article or work; or
(b)
communicate the article or work.
[52/2004]
(8)  The regulations may exclude the application of subsection (6) or (7) in such cases as are specified in the regulations.
(9)  Subsections (6) and (7) shall not apply to the making, in accordance with subsection (2), of an electronic copy of —
(a)
an article, or a part of an article, contained in a periodical publication; or
(b)
the whole or part of a published work, other than such an article,
in relation to a request under this section for communication to the person who made the request, unless —
(i)
before or when the electronic copy is communicated to the person, a notice is given to the person in accordance with the regulations stating —
(A)
that the electronic copy has been made under this section and that the article or work might be subject to copyright protection under this Act; and
(B)
such other matters as may be prescribed; and
(ii)
as soon as practicable after the electronic copy is communicated to the person, the electronic copy made in accordance with subsection (2) and held by the library or archives is destroyed.
[52/2004]
[Aust. 1968, s. 49]
Copying by libraries or archives for other libraries or archives
46.
—(1)  The officer-in-charge of a library may request, or cause another person to request, the officer-in-charge of another library to supply the officer-in-charge of the first-mentioned library with a copy of an article, or a part of an article, contained in a periodical publication, or of the whole or a part of a published literary, dramatic or musical work other than an article contained in a periodical publication —
(a)
for the purpose of including the copy in the collection of the first-mentioned library, not being in substitution for a subscription to such periodical publication or work or a purchase of such work; or
(b)
for the purpose of supplying the copy to a person who has made a request for the copy under section 45.
(2)  Subject to this section, where a request is made by or on behalf of the officer-in-charge of a library to the officer-in-charge of another library under subsection (1), an authorised officer of the last-mentioned library may make, or cause to be made, the copy to which the request relates and supply the copy to the officer-in-charge of the first-mentioned library.
(3)  Where, under subsection (2), an authorised officer of a library makes a copy of the whole or a part of a work and supplies it to the officer-in-charge of another library in accordance with a request made under subsection (1) —
(a)
the copy shall, for all purposes of this Act, be deemed to have been made on behalf of an authorised officer of the other library for the purpose for which the copy was requested; and
(b)
an action shall not be brought against the body administering that first-mentioned library, or against any officer or employee of that library, for infringement of copyright by reason of the making or supplying of that copy.
(4)  Subject to this section, where a copy of the whole or a part of an article contained in a periodical publication, or of any other published literary, dramatic or musical work is, by virtue of subsection (3), to be deemed to have been made on behalf of an authorised officer of a library, the copyright in the article or other work is not infringed by the making of the copy.
(5)  The regulations may exclude the application of subsection (4) in such cases as are specified in the regulations.
(6)  Where a charge is made for making and supplying a copy to which a request under subsection (1) relates, subsection (4) shall not apply in relation to the request if the amount of the charge exceeds the cost of making and supplying the copy and a reasonable contribution to the general expenses of the library.
(7)  Subsection (4) shall not apply to or in relation to a copy of the whole or a part of an article or other work that is, by virtue of subsection (3), to be deemed to have been made on behalf of an authorised officer of a library for a purpose referred to in subsection (1) unless, as soon as practicable after the request was made, an authorised officer of the library made a declaration that set out particulars of the request (including the purpose for which the copy was requested) and stated —
(a)
in a case where a copy of the whole or a part of the article or other work had previously been supplied, in accordance with a request under subsection (1), for the purpose of inclusion in the collection of the library — that the copy so supplied had been lost, destroyed or damaged, whichever was appropriate; and
(b)
in a case where the copy was a copy of the whole of a literary, dramatic or musical work (other than an article contained in a periodical publication) or of a part of such a work that contains more than a reasonable portion of the work — that the copy was made and supplied as part of an inter-library arrangement which does not have the effect or the purpose of enabling participating libraries to receive copies of the whole works or parts thereof, by way of systematic reproduction and supply of copies, in such aggregate quantities as substitutes for a subscription to or purchase of such works.
(8)  In this section, a reference to a library shall be read as a reference to a library other than a library that is conducted for the profit, direct or indirect, of an individual or individuals, and as including a reference to archives.
[Aust. 1968, s. 50]
Copying or communication of unpublished works in libraries or archives
47.
—(1)  Where, at a time more than 50 years after the expiration of the calendar year in which the author of a literary, dramatic or musical work, or of an artistic work being a photograph or engraving, died, and more than 75 years after the time at which, or the expiration of the period during which, the work was made, copyright subsists in the work but —
(a)
the work has not been published; and
(b)
the original version, or a copy, of the work is kept in the collection of a library or archives where it is, subject to any regulations governing that collection, open to public inspection,
the copyright in the work is not infringed —
(i)
by the making of a copy, or the communication, of the work by a person for the purpose of research or study or with a view to publication; or
(ii)
by the making of a copy, or the communication, of the work by or on behalf of the officer-in-charge of that library or archives, if the copy or work is supplied (whether by communication or otherwise) to a person who satisfies the officer-in-charge of that library or archives that he requires the copy or work for the purpose of research or study or with a view to publication and that he will not use it for any other purpose.
[38/99; 52/2004]
(2)  Where the original version, or a copy, of a thesis or other similar literary work that has not been published is kept in a library of a university or other similar institution or in archives, the copyright in the thesis or other work is not infringed by the making of a copy, or the communication, of the thesis or other work by or on behalf of the officer-in-charge of the library or archives, if the copy, thesis or other work is supplied (whether by communication or otherwise) to a person who satisfies an authorised officer of the library or archives that he requires the copy, thesis or other work for the purpose of research or study.
[38/99; 52/2004]
[Aust. 1968, s. 51]
Copying of works for preservation and other purposes
48.
—(1)  Subject to subsection (4), the copyright in a work that forms, or formed, part of the collection of a library or archives is not infringed by the making, by or on behalf of the officer-in-charge of the library or archives, of a copy of the work —
(a)
if the work is the original version of the work — for the purpose of preserving the original version against loss or deterioration or for the purpose of research that is being, or is to be, carried out at the library or archives in which the work is held or at another library or other archives;
(b)
if the work is held in the collection in a published form but has been damaged or has deteriorated — for the purpose of replacing the work; or
(c)
if the work has been held in the collection in a published form but has been lost or stolen — for the purpose of replacing the work.
[38/99]
(2)  The copyright in a work that is held in the collection of a library or archives is not infringed by the making, by or on behalf of the officer-in-charge of the library or archives, for a purpose other than a purpose for which a copy may be made under subsection (1), of a single copy of the work so held.
[38/99]
(3)  Subsection (1) shall not apply in relation to a work held in published form in the collection of a library or archives unless an authorised officer of the library or archives has, after reasonable investigation, made a declaration stating that he is satisfied that a copy (not being a secondhand copy) of the work cannot be obtained within a reasonable time at an ordinary commercial price.
(4)  Where a copy of an unpublished work is made under subsection (1) by or on behalf of the officer-in-charge of a library or archives for the purpose of research that is being, or is to be, carried out at another library or archives, the supply of the copy by or on behalf of the officer to the other library or archives does not, for any purpose of this Act, constitute publication of the work.
[38/99]
[Aust. 1968, s. 51A]
Publication of unpublished works kept in libraries
49.
—(1)  Where —
(a)
a published literary, dramatic or musical work (referred to in this section as the new work) incorporates the whole or a part of a work (referred to in this section as the old work) to which section 47(1) applied immediately before the new work was published;
(b)
before the new work was published, the prescribed notice of the intended publication of the work had been given; and
(c)
immediately before the new work was published, the identity of the owner of the copyright in the old work was not known to the publisher of the new work,
then, for the purposes of this Act, the first publication of the new work, and any subsequent publication of the new work whether in the same or in an altered form, shall, insofar as it constitutes a publication of the old work, be deemed not to be an infringement of the copyright in the old work or an unauthorised publication of the old work.
(2)  Subsection (1) shall not apply to a subsequent publication of the new work incorporating a part of the old work that was not included in the first publication of the new work unless —
(a)
section 47(1) would, but for this section, have applied to that part of the old work immediately before that subsequent publication;
(b)
before that subsequent publication, the prescribed notice of the intended publication had been given; and
(c)
immediately before that subsequent publication, the identity of the owner of the copyright in the old work was not known to the publisher of that subsequent publication.
(3)  Where a work, or part of a work, has been published and, by virtue of this section, the publication is to be deemed not to be an infringement of the copyright in the work, the copyright in the work is not infringed by a person who, after that publication took place, broadcasts the work or that part of the work, as the case may be, or includes it in a cable programme or performs it in public, or makes a record of it.
[Aust. 1968, s. 52]
Application of Division to illustrations accompanying articles and other works
50.  Where an article, thesis or literary, dramatic or musical work is accompanied by artistic works provided for the purpose of explaining or illustrating the article, thesis or other work (referred to in this section as the illustrations), the provisions of this Division shall apply as if —
(a)
where any of those sections provides that the copyright in the article, thesis or work is not infringed — the reference to that copyright included a reference to any copyright in the illustrations;
(b)
a reference in section 45, 46, 47 or 48 to a copy of the article, thesis or work included a reference to a copy of the article, thesis or work together with a copy of the illustrations;
(c)
a reference in section 45 or 46 to a copy of a part of the article or work included a reference to a copy of that part of the article or work together with a copy of the illustrations that were provided for the purpose of explaining or illustrating that part; and
(d)
a reference in section 48 or 49 to the doing of any act in relation to the work included a reference to the doing of that act in relation to the work together with the illustrations.
[Aust. 1968, s. 53]
Division 6 — Copying of Works for Educational Purposes
Copying by non-reprographic means for purpose of a course of education
50A.
—(1)  Copyright in a work is not infringed by its being copied for the purposes of a course of education, provided the copying —
(a)
is done by a person conducting or undergoing the course of education; and
(b)
is not by means of a reprographic process.
[6/98]
(2)  In this section —
“electronic” means actuated by electric, magnetic, electro-magnetic, electro-chemical or electro-mechanical energy;
“facsimile copy” includes a copy that is reduced or enlarged in scale;
“in electronic form” means in a form usable only by electronic means;
“reprographic process” means a process —
(a)
for making facsimile copies; or
(b)
involving the use of an appliance for making multiple copies,
and includes, in relation to a work held in electronic form, any copying by electronic means, but does not include the making of a cinematograph film or sound recording.
[6/98]
[UK CPD 1988, s. 32]
Multiple copying or communication of insubstantial portions of works
51.
—(1)  Copyright in a literary or dramatic work is not infringed by the making of one or more copies of a part of the work in an edition of the work by any person if the copying is carried out on the premises of an educational institution for the purposes of a course of education provided by the institution.
[38/99; 52/2004]
(1A)  Copyright in a literary or dramatic work is not infringed by the communication of a part of the work in an edition of the work by any person if the communication is initiated from the premises of an educational institution for the purposes of a course of education provided by the institution.
[52/2004]
(2)  Subsection (1) shall not apply to the making of a copy of, and subsection (1A) shall not apply to the communication of, the whole of a work.
[38/99; 52/2004]
(3)  Subsection (1) shall not apply to the making of a copy of, and subsection (1A) shall not apply to the communication of, more than 5 of the pages of a work in an edition of the work unless —
(a)
there are more than 500 pages in the edition; and
(b)
the total number of pages so copied does not exceed 5% of the total number of pages in the edition.
[38/99; 52/2004]
(4)  Subsection (1) shall not apply to the making of a copy, and subsection (1A) shall not apply to the communication, of a part of a work in an edition of the work, being an edition stored on any medium by electronic means and not divided into pages, if the part copied or communicated exceeds, in the aggregate —
(a)
5% of the total number of bytes in the edition; and
(b)
5% of the total number of words in that edition or, where it is not practicable to use the total number of words as a measure, 5% of the contents of the edition.
[52/2004]
(5)  Where —
(a)
a person makes or causes to be made a copy of a part of a work; and
(b)
subsection (1) applies to the making of that copy,
that subsection shall not apply to the making, by or on behalf of that person, of a copy of any other part of that work within 14 days after the day on which the previous copy was made.
[38/99]
(5A)  Where —
(a)
a person communicates or causes to be communicated a part of a work; and
(b)
subsection (1A) applies to that communication,
that subsection shall not apply to the communication, by or on behalf of that person, of any other part of that work within 14 days after the day on which the previous communication was made.
[52/2004]
(6)  In this section —
(a)
a reference to an edition of a work includes a reference to an edition of works that include that work; and
(b)
a reference to the making of a copy of a part of a work on the premises of an educational institution for the purposes of a course of education provided by the institution includes a reference to the making of a copy of that part of the work in an electronic form on a network operated or controlled by the educational institution concerned to enable persons undertaking a course of education provided by the educational institution to access the work.
[38/99]
[Aust. 1968, s. 135ZG]
Multiple copying or communication under statutory licence by educational institutions
52.
—(1)  Subject to this section, the copyright in an article contained in a periodical publication is not infringed by the making of copies, or the communication, of the whole or a part of that article, by or on behalf of the body administering an educational institution for the educational purposes of that or another educational institution.
[6/98; 52/2004]
(2)  Subject to this section, the copyright in a work, other than an article in a periodical publication, is not infringed by the making of copies, or the communication, of the whole or a part of that work, by or on behalf of the body administering an educational institution for the educational purposes of that or another educational institution.
[6/98; 52/2004]
(3)  [Deleted by Act 6/98]
(4)  Subsection (1) shall not apply in relation to copies of, or of parts of, 2 or more articles contained in the same periodical publication unless the articles relate to the same subject-matter.
(5)  Subsection (2) shall not apply in relation to copies of, or of more than a reasonable portion of, a work that has been separately published unless the person who makes the copies, or causes the copies to be made, for or on behalf of the body administering the educational institution, is satisfied, after reasonable investigation, that copies (not being secondhand copies) of the work cannot be obtained within a reasonable time at an ordinary commercial price.
(6)  Subsection (1) shall not apply to copies of the whole or a part of an article contained in a periodical publication, being copies made, by or on behalf of the body administering an educational institution, for the educational purposes of an educational institution, unless there is made, by or on behalf of that body, as soon as practicable after the making of those copies, a record of the copying setting out such particulars as may be prescribed by the regulations.
[6/98]
(7)  Subsection (2) shall not apply to copies of the whole or a part of a work (not being an article contained in a periodical publication), being copies made, by or on behalf of the body administering an educational institution, for the educational purposes of an educational institution, unless there is made, by or on behalf of that body, as soon as practicable after the making of those copies, a record of the copying setting out such particulars as may be prescribed by the regulations.
[6/98]
(7A)  Subsection (1) shall not apply in relation to the communication of, or of parts of, 2 or more articles contained in the same periodical publication, unless the articles relate to the same subject-matter.
[52/2004]
(7B)  Subsection (2) shall not apply in relation to the communication of, or of more than a reasonable portion of, a work that has been separately published, unless the person who communicates the work or portion, or causes the work or portion to be communicated, for or on behalf of the body administering the educational institution, is satisfied, after reasonable investigation, that copies (not being secondhand copies) of the work cannot be obtained within a reasonable time at an ordinary commercial price.
[52/2004]
(7C)  Subsection (1) shall not apply to the communication of the whole or a part of an article contained in a periodical publication by or on behalf of the body administering an educational institution, for the educational purposes of an educational institution, unless there is made, by or on behalf of that body, as soon as practicable after the communication, a record of the communication setting out such particulars as may be prescribed by the regulations.
[52/2004]
(7D)  Subsection (2) shall not apply to the communication of the whole or a part of a work (not being an article contained in a periodical publication) by or on behalf of the body administering an educational institution, for the educational purposes of an educational institution, unless there is made, by or on behalf of that body, as soon as practicable after the communication, a record of the communication setting out such particulars as may be prescribed by the regulations.
[52/2004]
(8)  For the purposes of subsections (6), (7), (7C) and (7D), a record of the copying or communication, as the case may be, of a work or a part of a work —
(a)
shall be kept in writing or in any other manner prescribed by the regulations; and
(b)
if it is kept in writing, shall be in accordance with the prescribed form.
[22/2005]
(9)  Where copies of, or of part of, a work consisting of an article in a periodical publication made, as provided in subsection (1), by or on behalf of the body administering an educational institution for the educational purposes of an educational institution are made for distribution to persons undertaking a correspondence course, or an external study course, provided by the educational institution for the educational purposes of which those copies are made, otherwise than as a part of the lecture notes prepared in connection with that course, the record made in relation to them in accordance with subsection (6) may state that they are copies to which this subsection applies.
[6/98]
(10)  Where copies of, or of part of, a work, other than an article in a periodical publication, made as provided in subsection (2) by or on behalf of the body administering an educational institution for the educational purposes of an educational institution —
(a)
are made for distribution to persons undertaking a correspondence course, or an external study course, provided by the educational institution for the educational purposes of which those copies are made, otherwise than as a part of the lecture notes prepared in connection with that course; and
(b)
do not contain more than a reasonable portion of the work,
the record made in relation to them in accordance with subsection (7) may state that they are copies to which this subsection applies.
[6/98; 52/2004]
(11)  Where copies of the whole or a part of a work, not being copies stated in the record to be copies to which subsection (9) or (10) applies, are made by or on behalf of the body administering an educational institution and, by virtue of this section, the making of those copies does not infringe copyright in the work, that body shall, if the owner of the copyright in the work makes a request, in writing, at any time during the prescribed period after the making of the copies, for payment for the making of the copies, pay to the owner such an amount by way of equitable remuneration for the making of those copies as is agreed upon between the owner and the body or, in default of agreement, such amount as is determined by a Copyright Tribunal on the application of either the owner or the body.
[23/2009 wef 31/12/2009]
(11A)  Where the whole or a part of a work consisting of an article in a periodical publication is communicated as provided in subsection (1) —
(a)
by or on behalf of the body administering an educational institution for the educational purposes of an educational institution; and
(b)
to persons undertaking a correspondence course, or an external study course, provided by the educational institution, otherwise than as a part of the lecture notes prepared in connection with that course,
the record made in relation to the communication in accordance with subsection (7C) may state that it is a communication to which this subsection applies.
[52/2004]
(11B)  Where —
(a)
the whole or a part of a work, other than an article in a periodical publication, is communicated as provided in subsection (2) —
(i)
by or on behalf of the body administering an educational institution for the educational purposes of an educational institution; and
(ii)
to persons undertaking a correspondence course, or an external study course, provided by the educational institution, otherwise than as a part of the lecture notes prepared in connection with that course; and
(b)
the communication does not contain more than a reasonable portion of the work,
the record made in relation to the communication in accordance with subsection (7D) may state that it is a communication to which this subsection applies.
[52/2004]
(11C)  Where —
(a)
the whole or a part of a work is communicated by or on behalf of the body administering an educational institution;
(b)
the communication is not a communication to which subsection (11A) or (11B) applies; and
(c)
by virtue of this section, the communication does not infringe copyright in the work,
that body shall, if the owner of the copyright in the work makes a request in writing, at any time during the prescribed period after the communication, for payment for the communication, pay to the owner such an amount by way of equitable remuneration for the communication as is agreed upon between the owner and the body or, in default of agreement, as is determined by a Copyright Tribunal on the application of either the owner or the body.
[23/2009 wef 31/12/2009]
[52/2004]
(12)  Where a Copyright Tribunal has determined the amount of equitable remuneration payable to the owner of copyright in a work by the body administering an educational institution in relation to copies of the whole or a part of that work that have been made, or the communication of the whole or a part of that work, by or on behalf of that body in reliance on this section, the owner may recover that amount from the body in a court of competent jurisdiction as a debt due to him.
[23/2009 wef 31/12/2009]
[52/2004]
(13)  Nothing in this section shall affect the right of the owner of copyright in a work to grant a licence authorising the body administering an educational institution —
(a)
to make, or cause to be made, copies of the whole or a part of the work; or
(b)
to communicate, or cause to be communicated, the whole or a part of the work,
without infringement of that copyright.
[52/2004]
(14)  For the purposes of this section, a reference to the making of copies of the whole or a part of an article contained in a periodical publication, or of a work, for the educational purposes of an educational institution includes the making of a copy of the whole of the article or work, or that part of the article or work, in an electronic form on a network operated or controlled by that or another educational institution to enable persons undertaking a course of education provided by that or another educational institution to access the article or work, or that part of the article or work.
[38/99]
(15)  For the purposes of this section, a reference to the communication of the whole or a part of an article contained in a periodical publication, or of a work, for the educational purposes of an educational institution includes the communication of the whole of the article or work, or that part of the article or work, in an electronic form on a network operated or controlled by that or another educational institution to enable persons undertaking a course of education provided by that or another educational institution to access the article or work, or that part of the article or work.
[52/2004]
Things done for purposes of examination
52A.  The copyright in a work is not infringed by anything done for the purposes of an examination, whether by way of setting the questions, communicating the questions to the candidates or answering the questions.
[6/98]
Application of Division to illustrations accompanying articles and other works
53.  Where an article or other literary, dramatic or musical work is accompanied by an artistic work or artistic works provided for the purpose of explaining or illustrating the article or other work, the provisions of this Division shall apply as if —
(a)
where any of those sections provides that the copyright in the article or other work is not infringed — the reference to that copyright included a reference to any copyright in that artistic work or those artistic works;
(b)
a reference in section 51 or 52 to a copy of an article or other work included a reference to a copy of the article or other work together with a copy of that artistic work or those artistic works;
(c)
a reference in section 51 or 52 to a copy of a part of an article or other work included a reference to a copy of that part of the article or other work together with a copy of the artistic work or artistic works provided for the purpose of explaining or illustrating that part;
(d)
a reference in section 51 to a copy of a page of a literary, dramatic or musical work in an edition of the work or of works that include the work included a reference to a copy of a page in such an edition that contained that work and an artistic work or artistic works provided for the purpose of explaining or illustrating that part of that work; and
(e)
a reference in section 51 to a copy of pages of a literary, dramatic or musical work in an edition of that work or of works that include that work included a reference to a copy of pages in such an edition that contained a part of that work and an artistic work or artistic works provided for the purpose of explaining or illustrating that part of that work.
[Aust. 1968, s. 135ZM]
Division 7 — Copying of Works in Institutions Assisting Handicapped Readers and Institutions Assisting Intellectually Handicapped Readers
Multiple copying under statutory licence by institutions assisting handicapped readers
54.
—(1)  The copyright in a literary or dramatic work that has been published is not infringed by the making, by or on behalf of the body administering an institution assisting handicapped readers, of a record embodying a sound recording of the work or of a part of the work, for use by a handicapped reader for the purpose of research or study that he is undertaking or proposes to undertake, or for the purpose of otherwise instructing himself on any matter.
[52/2004]
(2)  The copyright in a literary or dramatic work that has been published is not infringed by the making, by or on behalf of the body administering an institution assisting handicapped readers, of a Braille version, a large-print version or a photographic version, of the work or of a part of the work, for use by a handicapped reader for the purpose of research or study that he is undertaking or proposes to undertake, or for the purpose of otherwise instructing himself on any matter.
[52/2004]
(3)  Where a sound recording of a work has been published, subsection (1) shall not apply to the making of any record embodying a sound recording of the work (including a record that is a copy of that first-mentioned sound recording) for or on behalf of the body administering an institution assisting handicapped readers unless the person who makes that record, or causes that record to be made, is satisfied, after reasonable investigation, that no new record that embodies only a sound recording of the work can be obtained within a reasonable time at an ordinary commercial price.
(4)  Where a Braille version of a work has been separately published, subsection (2) shall not apply to the making of a Braille version of the work, or of a part of the work, unless the person who makes that version, or causes that version to be made, for or on behalf of the body administering an institution assisting handicapped readers is satisfied, after reasonable investigation, that no new copy of a Braille version of the work, being a version that has been separately published, can be obtained within a reasonable time at an ordinary commercial price.
(5)  Where a large-print version of a work has been separately published, subsection (2) shall not apply to the making of a large-print version of the work, or of a part of the work, unless the person who makes the version, or causes that version to be made, for or on behalf of the body administering an institution assisting handicapped readers is satisfied, after reasonable investigation, that no new copy of a large-print version of the work, being a version that has been separately published, can be obtained within a reasonable time at an ordinary commercial price.
(6)  Where a photographic version of a work has been separately published, subsection (2) shall not apply to the making of a photographic version of the work, or of a part of the work, unless the person who makes the version, or causes that version to be made, for or on behalf of the body administering an institution assisting handicapped readers is satisfied, after reasonable investigation, that no new copy of a photographic version of the work, being a version that has been separately published, can be obtained within a reasonable time at an ordinary commercial price.
(7)  Subsections (1) and (2) shall not apply to the reproduction of the whole or a part of an article contained in a periodical publication by way of the making, by or on behalf of the body administering an institution assisting handicapped readers, of a handicapped reader’s copy of the article or of that part of the article unless there is made, by or on behalf of that body, as soon as practicable after the making of that copy, a record of the copying setting out such particulars as may be prescribed by the regulations.
(8)  Subsections (1) and (2) shall not apply to the reproduction of the whole or a part of a work (not being an article contained in a periodical publication) by way of the making, by or on behalf of the body administering an institution assisting handicapped readers, of a handicapped reader’s copy of the work or of that part of the work unless there is made, by or on behalf of that body, as soon as practicable after the making of that copy, a record of the copying setting out such particulars as may be prescribed by the regulations.
(9)  For the purposes of subsections (7) and (8), a record of the copying of a work or a part of a work —
(a)
shall be kept in writing or in any other manner prescribed by the regulations; and
(b)
if it is kept in writing, shall be in accordance with the prescribed form.
(10)  Where a handicapped reader’s copy of the whole or a part of a work is made by or on behalf of the body administering an institution assisting handicapped readers and, by virtue of this section, the making of that copy does not infringe copyright in the work, that body shall, if the owner of the copyright in the work makes a request, in writing, at any time during the prescribed period after the making of the copy, for payment for the making of the copy, pay to the owner such an amount by way of equitable remuneration for the making of that copy as is agreed upon between the owner and the body, or, in default of agreement, such amount as is determined by a Copyright Tribunal on the application of either the owner or the body.
[23/2009 wef 31/12/2009]
(11)  Where a Copyright Tribunal has determined the amount of equitable remuneration payable to the owner of copyright in a work by the body administering an institution assisting handicapped readers in relation to a handicapped reader’s copy of the whole or a part of that work that has been made by or on behalf of that body in reliance on this section, the owner may recover that amount from the body in a court of competent jurisdiction as a debt due to him.
[23/2009 wef 31/12/2009]
(12)  Notwithstanding any other provision of this Act, copyright shall not vest in the maker of the handicapped reader’s copy by reason of his making that copy.
(13)  Nothing in this section shall affect the right of the owner of copyright in a work to grant a licence authorising the body administering an institution assisting handicapped readers to make, or cause to be made, sound recordings of, or Braille, large-print or photographic versions of, the whole or a part of the work without infringement of that copyright.
(14)  For the purposes of this section, a record, or a Braille version, a large-print version or a photographic version, of a work shall be taken to be a new record, or a new Braille version, a new large-print version or a new photographic version, of the work, as the case may be, if it is not a secondhand record, or a secondhand Braille version, a secondhand large-print version or a secondhand photographic version, of the work, as the case may be.
(15)  In this section, a reference to a photographic version of a work or a part of a work shall be read as a reference to a copy or copies of the work or a part of a work produced as a film-strip or series of separate transparencies designed to meet the needs of handicapped readers.
Multiple copying under statutory licence by institutions assisting intellectually handicapped readers
54A.
—(1)  The copyright in a work that has been published is not infringed by the making, by or on behalf of the body administering an institution assisting intellectually handicapped readers, of a copy of the whole or a part of the work, for use in the provision, whether by the institution or otherwise, of assistance to intellectually handicapped readers.
[6/98]
(2)  Subsection (1) shall not apply to the making of any copy of a work, being a work that has been separately published in a form that would be suitable for use in the provision of the assistance referred to in that subsection, unless the person who makes the copy, or causes that copy to be made, for or on behalf of the body administering an institution assisting intellectually handicapped readers is satisfied, after reasonable investigation, that no new copy of the work in a form suitable for use in the provision of that assistance can be obtained within a reasonable time at an ordinary commercial price.
[6/98]
(3)  For the purposes of subsection (2), a copy shall be taken to be new if it is not secondhand.
[6/98]
(4)  Subsection (1) shall not apply to the reproduction of the whole or a part of an article contained in a periodical publication by way of the making, by or on behalf of the body administering an institution assisting intellectually handicapped readers, of an intellectually handicapped reader’s copy of the article or of that part of the article unless there is made, by or on behalf of that body, as soon as practicable after the making of that copy, a record of the copying setting out such particulars as may be prescribed by regulations.
[6/98]
(5)  Subsection (1) shall not apply to the reproduction of the whole or a part of a work (not being an article contained in a periodical publication) by way of the making, by or on behalf of the body administering an institution assisting intellectually handicapped readers, of an intellectually handicapped reader’s copy of the work or of that part of the work unless there is made, by or on behalf of that body, as soon as practicable after the making of that copy, a record of the copying setting out such particulars as may be prescribed by regulations.
[6/98]
(6)  For the purposes of subsections (4) and (5), a record of the copying of a work or a part of a work —
(a)
shall be kept in writing or in any other manner prescribed by regulations; and
(b)
if it is kept in writing, shall be in accordance with the prescribed form.
[6/98]
(7)  Where an intellectually handicapped reader’s copy of the whole or a part of a work is made by or on behalf of the body administering an institution assisting intellectually handicapped readers and, by virtue of this section, the making of that copy does not infringe copyright in the work, that body shall, if the owner of the copyright in the work makes a request, in writing, at any time during the prescribed period after the making of the copy, for payment for the making of the copy, pay to the owner such an amount by way of equitable remuneration for the making of that copy as is agreed upon between the owner and the body, or, in default of agreement, such amount as is determined by a Copyright Tribunal on the application of either the owner or the body.
[23/2009 wef 31/12/2009]
[6/98]
(8)  Where a Copyright Tribunal has determined the amount of equitable remuneration payable to the owner of the copyright in a work by the body administering an institution assisting handicapped readers in relation to an intellectually handicapped reader’s copy of the whole or a part of that work that has been made by or on behalf of that body in reliance on this section, the owner may recover that amount from the body in a court of competent jurisdiction as a debt due to him.
[23/2009 wef 31/12/2009]
[6/98]
(9)  Notwithstanding any other provision of this Act, copyright shall not vest in the maker of the intellectually handicapped reader’s copy by reason of his making that copy.
[6/98]
(10)  Nothing in this section shall affect the right of the owner of the copyright in a work to grant a licence authorising the body administering an institution assisting intellectually handicapped readers to make, or cause to be made, copies of the whole or a part of the work without infringement of that copyright.
[6/98]
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 a Copyright Tribunal to hold an inquiry into the matter and report the result of its inquiry to him.
[23/2009 wef 31/12/2009]
(2)  At any time after a 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.
[23/2009 wef 31/12/2009]
(3)  Where a 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 an inquiry under subsection (1) in relation to the royalty, or the minimum royalty, as the case may be, payable in respect of records included in that class.
[23/2009 wef 31/12/2009]
(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 a Copyright Tribunal on the application of either of them.
[23/2009 wef 31/12/2009]
(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 a 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.
[23/2009 wef 31/12/2009]
(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.
Division 9 — Acts not Constituting Infringements of Copyright in Artistic Works
Sculptures and certain other works in public places
63.
—(1)  This section shall apply to sculptures and to works of artistic craftsmanship of the kind referred to in paragraph (c) of the definition of “artistic work” in section 7.
(2)  The copyright in a work to which this section applies that is situated, otherwise than temporarily, in a public place, or in premises open to the public, is not infringed by the making of a painting, drawing, engraving or photograph of the work or by the inclusion of the work in a cinematograph film or in a television broadcast.
[Aust. 1968, s. 65]
Buildings and models of buildings
64.  The copyright in a building or a model of a building is not infringed by the making of a painting, drawing, engraving or photograph of the building or model or by the inclusion of the building or model in a cinematograph film or in a television broadcast.
[Aust. 1968, s. 66]
Incidental filming or televising of artistic works
65.  Without prejudice to sections 63 and 64, the copyright in an artistic work is not infringed by the inclusion of the work in a cinematograph film or in a television broadcast if its inclusion in the film or broadcast is only incidental to the principal matters represented in the film or broadcast.
[Aust. 1968, s. 67]
Publication of artistic works
66.  The copyright in an artistic work is not infringed by the publication of a painting, drawing, engraving, photograph or cinematograph film if, by virtue of section 63, 64 or 65, the making of that painting, drawing, engraving, photograph or film did not constitute an infringement of the copyright.
[Aust. 1968, s. 68]
Artistic works included in a cable programme
67.  Sections 63, 64 and 65 shall apply in relation to a cable programme in like manner as they apply in relation to a television broadcast.
Reproduction for purpose of including work in television broadcast or cable programme
68.
—(1)  Where the inclusion of an artistic work in a television broadcast or cable programme made by a person would not (whether by reason of an assignment or licence or of the operation of a provision of this Act) constitute an infringement of copyright in the work but the making by the person of a cinematograph film of the work would, apart from this subsection, constitute such an infringement, the copyright in the work is not infringed by his making such a film solely for the purpose of the inclusion of the work in a television broadcast or cable programme.
(2)  Subsection (1) shall not apply in relation to a film if a copy of the film is used for a purpose other than —
(a)
the inclusion of the work in a television broadcast or cable programme in circumstances that do not (whether by reason of an assignment or licence or of the operation of a provision of this Act) constitute an infringement of the copyright in the work; or
(b)
the making of further copies of the film for the purpose of the inclusion of the work in such a broadcast or programme.
(3)  Subsection (1) shall not apply in relation to a film where a copy of the film is used for the purpose of the inclusion of the work in a television broadcast or cable programme made by a person who is not the maker of the film unless the maker has paid to the owner of the copyright in the work such amount as they agree or, in default of agreement, has given an undertaking in writing to the owner to pay to him such amount as is determined by a Copyright Tribunal, on the application of either of them, to be equitable remuneration to the owner for the making of the film.
[23/2009 wef 31/12/2009]
(4)  A person who has given an undertaking referred to in subsection (3) shall be liable, when a Copyright Tribunal has determined the amount to which the undertaking relates, to pay that amount to the owner of the copyright in the work and the owner may recover that amount in a court of competent jurisdiction from the person as a debt due to the owner.
[23/2009 wef 31/12/2009]
(5)  Subsection (1) shall not apply in relation to a film unless all the copies of the film are destroyed or are delivered, with the consent of the Director of National Archives, to the National Archives of Singapore —
(a)
before the expiration of the period of 6 months or, in the case of a film made by a non-profit organisation solely for its own broadcast, 2 years, commencing on the day on which any of the copies of the film is first used for including the work in a television broadcast or cable programme in accordance with that subsection; or
(b)
before the expiration of such further period, if any, as is agreed between the maker of the film and the owner of the copyright in the work.
[6/98]
[Aust. 1968, s. 70]
Reproduction of work in different dimensions
69.  For the purposes of this Act —
(a)
the making of an object of any kind that is in 3 dimensions does not infringe the copyright in an artistic work that is in 2 dimensions; and
(b)
the making of an object of any kind that is in 2 dimensions does not infringe the copyright in an artistic work that is in 3 dimensions,
if the object would not appear to persons who are not experts in relation to objects of that kind to be a reproduction of the artistic work.
Special exception for artistic works which have been industrially applied
70.
—(1)  Notwithstanding section 69, the making of any useful article in 3 dimensions (including a reproduction in 2 dimensions reasonably required for the making of the article) does not infringe the copyright in an artistic work if, when the useful article or reproduction is made, the artistic work has been industrially applied in Singapore or in any other country at any time before the useful article or reproduction is made.
[25/2000]
(2)  For the purposes of subsection (1), an artistic work is applied industrially if —
(a)
more than 50 reproductions in 3 dimensions are made of it, for the purposes of sale or hire;
(b)
it is reproduced in 3 dimensions in one or more articles manufactured in lengths, for the purposes of sale or hire; or
(c)
it is reproduced as a plate which has been used to produce —
(i)
more than 50 reproductions of an object in 3 dimensions for the purposes of sale or hire; or
(ii)
one or more articles in 3 dimensions manufactured in lengths for the purposes of sale or hire.
(3)  For the purposes of subsection (2), 2 or more reproductions in 3 dimensions which are of the same general character and intended for use together are a single reproduction.
(4)  In this section, “useful article” means an article having an intrinsic utilitarian function that is not merely to portray the appearance of the article or to convey information.
(5)  For the purposes of this section, an article that is normally part of a useful article is considered a useful article.
Reproduction of part of work in later work
71.
—(1)  The copyright in an artistic work is not infringed by the making of a later artistic work by the same author if, in making the later work, the author does not repeat or imitate the main design of the earlier work.
(2)  Subsection (1) shall have effect notwithstanding that part of the earlier work is reproduced in the later work and that, in reproducing the later work, the author used a mould, cast, sketch, plan, model or study made for the purposes of the earlier work.
[Aust. 1968, s. 72]
Reconstruction of buildings
72.
—(1)  Where copyright subsists in a building, the copyright is not infringed by a reconstruction of that building.
(2)  Where a building has been constructed in accordance with architectural drawings or plans in which copyright subsists and has been so constructed by, or with the licence of, the owner of that copyright, that copyright is not infringed by a later reconstruction of the building by reference to those drawings or plans.
[Aust. 1968, s. 73]
Division 10 — Designs
Interpretation of this Division
73.
—(1)  In this Division “corresponding design”, in relation to an artistic work, means a design which, when applied to an article, results in a reproduction of that work.
(2)  In this Division —
(a)
references to the scope of the copyright in a registered design are references to the aggregate of the things, which, by virtue of the provisions of the Registered Designs Act (Cap. 266), the registered owner of the design has the exclusive right to do; and
(b)
references to the scope of the copyright in a registered design as extended to all associated designs and articles are references to the aggregate of the things which, by virtue of that written law, the registered owner would have had the exclusive right to do if —
(i)
when that design was registered, there had at the same time been registered every possible design consisting of that design with modifications or variations not sufficient to alter the character or substantially to affect the identity thereof, and that owner had been registered as the owner of every such design; and
(ii)
the design in question, and every other design such as is mentioned in sub-paragraph (i), had been registered in respect of all the articles to which it was capable of being applied.
[25/2000]
[Aust. 1968, s. 74]
Special exception in respect of industrial design
74.
—(1)  Where copyright subsists in an artistic work and a corresponding design is registered or deemed registered under the Registered Designs Act, it shall not be an infringement of the copyright in the work —
(a)
to do anything, during the subsistence of the copyright in the registered design, which is within the scope of the copyright in the design; or
(b)
to do anything, after the copyright in the registered design has come to an end, which, if it had been done while the copyright in the design subsisted, would have been within the scope of that copyright as extended to all associated designs and articles.
[25/2000]
(1A)  Subsection (1) shall have effect subject to the provisions of the Schedule in cases falling within the Schedule.
(2)  Where copyright subsists in an artistic work, and —
(a)
a corresponding design is applied industrially (whether in Singapore or elsewhere) by or with the licence of the owner of the copyright in the work;
(b)
articles to which the design has been so applied are sold, let for hire, or offered for sale or hire whether in Singapore or elsewhere; and
(c)
at the time when those articles are sold, let for hire or offered or exposed for sale or hire, they are not articles in respect of which the corresponding design has been registered or, is deemed registered under the Registered Designs Act (Cap. 266),
subsections (3), (4), (5) and (6) shall apply.
[14/94; 25/2000]
(3)  Subject to subsection (5) —
(a)
during the relevant period of 15 years, it shall not be an infringement of the copyright in the work to do anything which, at the time when it is done, would have been within the scope of the copyright in the design if the design had, immediately before that time, been registered in respect of all relevant articles; and
(b)
after the end of the relevant period of 15 years, it shall not be an infringement of the copyright in the work to do anything which, at the time when it is done, would, if the design had been registered immediately before that time, have been within the scope of the copyright in the design as extended to all associated designs and articles.
[6/98; 25/2000]
(4)  In subsection (3), “the relevant period of 15 years” means the period of 15 years beginning with the date on which articles, such as are mentioned in subsection (2)(b), were first sold, let for hire or offered for sale or hire, whether in Singapore or elsewhere.
[6/98; 25/2000]
(5)  For the purposes of subsections (2) and (3), no account shall be taken of any articles in respect of which, at the time when they were sold, let for hire, or offered for sale or hire, the design in question was excluded from registration under the provisions of the Registered Designs Act or the Registered Designs Act 1949 of the United Kingdom (U.K. 1949, c. 88) (as the case may be), by rules made under the applicable Act (which relates to the exclusion of designs for articles which are primarily literary or artistic in character).
[25/2000]
(6)  For the purposes of any proceedings under this Act a design shall be conclusively presumed to have been excluded under subsection (5) if —
(a)
before the commencement of those proceedings —
(i)
an application for the registration of the design in respect of those articles under the Registered Designs Act (Cap. 266); or
(ii)
an application for the registration of the design in respect of those articles under the Registered Designs Act 1949 of the United Kingdom (UK 1949, c. 88), being an application made before the date of commencement of the Registered Designs Act,
has been refused;
(b)
the reason or one of the reasons stated for the refusal was that the design was excluded from such registration by rules made under the Registered Designs Act or the Registered Designs Act 1949 of the United Kingdom (UK 1949, c. 88) (as the case may be); and
(c)
no appeal against that refusal had been allowed before the date of the commencement of the proceedings or was pending on that date.
[25/2000]
(7)  The regulations made for the purposes of this section may make provision for determining the circumstances in which a design is, for the purposes of this section, to be deemed to be applied industrially.
[Aust. 1968, ss. 75 and 77]
Division 11 — Works of Joint Authorship
References to all of joint authors
75.  Subject to this Division, a reference in this Act to the author of a work shall, unless otherwise expressly provided by this Act, be read, in relation to a work of joint authorship, as a reference to all the authors of the work.
[Aust. 1968, s. 78]
References to any one or more of joint authors
76.  The references in sections 27 and 29(2) to the author of a work shall, in relation to a work of joint authorship, be read as references to any one or more of the authors of the work.
[Aust. 1968, s. 79]
References to whichever of joint authors died last
77.  The references in sections 28 and 47 to the author of a work shall, in relation to a work of joint authorship other than a work to which section 78 applies, be read as references to the author who died last.
[Aust. 1968, s. 80]
Works of joint authorship published under pseudonyms
78.
—(1)  This section shall apply to a work of joint authorship that was first published under 2 or more names of which one was a pseudonym or 2 or more (but not all) were pseudonyms.
(2)  This section shall also apply to a work of joint authorship that was first published under 2 or more names all of which were pseudonyms if, at any time within 70 years after the expiration of the calendar year in which the work was first published, the identity of one or more (but not all) of the authors was generally known or could be ascertained by reasonable inquiry.
[21/2004]
(3)  The references in sections 28 and 47 to the author of a work shall, in relation to a work to which this section applies, be read as references to the author whose identity was disclosed or, if the identities of 2 or more of the authors were disclosed, as references to whichever of those authors died last.
(4)  For the purposes of this section, the identity of an author shall be deemed to have been disclosed if —
(a)
one of the names under which the work was published was the name of the author; or
(b)
the identity of that author is generally known or can be ascertained by reasonable inquiry.
[Aust. 1968, s. 81]
Copyright to subsist in joint works without regard to any author who is an unqualified person
79.
—(1)  Section 30(2) shall have effect, in relation to a work of joint authorship of which one of the authors is an unqualified person, or 2 or more (but not all) of the authors are unqualified persons, as if the author or authors, other than unqualified persons, had alone been the author or authors, as the case may be, of the work.
(2)  For the purposes of subsection (1), a person is an “unqualified person” in relation to a work where, if he had alone been the author of the work, copyright would not have subsisted in the work by virtue of this Part.
[Aust. 1968, s. 82]
Inclusion of joint works in collections for use in educational institutions
80.  The reference in section 40(2) to other extracts from, or from adaptations of, works by the author of the extract concerned —
(a)
shall be read as including a reference to extracts from, or from adaptations of, works by the author of the extract concerned in collaboration with any other person; or
(b)
if the extract concerned is from, or from an adaptation of, a work of joint authorship — shall be read as including a reference to extracts from, or from adaptations of, works by any one or more of the authors of the extract concerned, or by any one or more of those authors in collaboration with any other person.
[Aust. 1968, s. 83]