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 FORM

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 IV
COPYRIGHT IN SUBJECT-MATTER OTHER THAN WORKS
Division 1 — Preliminary
Interpretation of this Part
81.
—(1)  In this Part —
“interactive service” means a service that enables an individual to receive —
(a)
a transmission of a programme specially created for that individual; or
(b)
on request, a transmission of a particular sound recording, whether or not as part of a programme, which is selected by or on behalf of that individual,
but does not include any service that enables an individual to request that particular sound recording be performed for reception by the public at large or, in the case of a subscription service, by all subscribers of that service, unless the programming on each channel of that service consists substantially of sound recordings that are performed within an hour of the request or at a time designated by that individual;
“qualified person” means —
(a)
a citizen of Singapore, or an individual resident in Singapore; or
(b)
a body corporate incorporated under any written law in Singapore.
[38/99; 52/2004]
(2)  In this Part, a reference to the reproduction or making of a copy of any subject-matter includes a reference to the making of a copy which is transient or is incidental to some other use of the subject-matter.
[38/99]
[Aust. 1968, s. 84]
Division 2 — Nature of Copyright in Subject-Matter other than Works
Nature of copyright in sound recordings
82.
—(1)  For the purposes of this Act, unless the contrary intention appears, copyright, in relation to a sound recording, is the exclusive right to do all or any of the following acts:
(a)
to make a copy of the sound recording;
(b)
to enter into a commercial rental arrangement in respect of the recording;
(c)
to publish the sound recording if it is unpublished;
(d)
to make available to the public a sound recording by means of, or as part of, a digital audio transmission.
[6/98; 52/2004]
(2)  Subsection (1)(b) shall not extend to entry into a commercial rental arrangement in respect of a sound recording if —
(a)
the copy of the sound recording, not being an infringing copy, was purchased by a person (referred to in this subsection as the record owner) before 16th April 1998;
(b)
the commercial rental arrangement is entered into in the ordinary course of a business conducted by the record owner; and
(c)
the record owner was conducting the same business, or another business that consisted of, or included, the making of commercial rental arrangements in respect of copies of sound recordings, when the copy was purchased.
[6/98]
(3)  For the avoidance of doubt, “make available” for the purposes of this Part does not include the causing of a sound recording to be heard, otherwise than by means of or as part of a digital audio transmission.
[52/2004]
[Aust. 1968, s. 85]
Nature of copyright in cinematograph films
83.  For the purposes of this Act, unless the contrary intention appears, copyright, in relation to a cinematograph film, is the exclusive right to do all or any of the following acts:
(a)
to make a copy of the film;
(b)
to cause the film, insofar as it consists of visual images, to be seen in public;
(c)
to communicate the film to the public.
[52/2004]
[Aust. 1968, s. 86]
Nature of copyright in television broadcasts and sound broadcasts
84.
—(1)  For the purposes of this Act, unless the contrary intention appears, copyright, in relation to a television broadcast or sound broadcast, is the exclusive right —
(a)
in the case of a television broadcast insofar as it consists of visual images — to make a cinematograph film of the broadcast, or a copy of such a film;
(b)
in the case of a sound broadcast, or of a television broadcast insofar as it consists of sounds — to make a sound recording of the broadcast, or a copy of such a sound recording;
(c)
in the case of a television broadcast — to cause it, insofar as it consists of visual images, to be seen in public, or, insofar as it consists of sounds, to be heard in public, if it is seen or heard by a paying audience; and
(d)
in the case of a television broadcast or a sound broadcast — to re-broadcast it or to otherwise communicate it to the public.
[52/2004]
(2)  For the purposes of subsection (1)(c), a television broadcast shall be taken to be seen or heard by a paying audience if it is seen or heard by persons who either —
(a)
have been admitted for payment to the place where the broadcast is to be seen or heard, or have been admitted for payment to a place of which that place forms part; or
(b)
have been admitted to the place where the broadcast is to be seen or heard in circumstances where goods or services are supplied there at prices which exceed the prices usually charged at that place and are partly attributable to the facilities afforded for seeing or hearing the broadcast.
(3)  For the purposes of subsection (2)(a), no account shall be taken —
(a)
of persons admitted to the place in question as residents or inmates therein; or
(b)
of persons admitted to that place as members of a club or society, where the payment is only for membership of the club or society and the provision of facilities for seeing or hearing television broadcasts is only incidental to the main purposes of the club or society.
[Aust. 1968, s. 87]
Nature of copyright in cable programmes
85.
—(1)  For the purposes of this Act, unless the contrary intention appears, copyright, in relation to a cable programme, is the exclusive right to do all or any of the following acts:
(a)
insofar as it consists of visual images, to make a cinematograph film of it or a copy of such a film;
(b)
insofar as it consists of sounds, to make a sound recording of it or a copy of such a sound recording;
(c)
to cause it, insofar as it consists of visual images, to be seen in public, or, insofar as it consists of sounds, to be heard in public, if it is seen or heard by a paying audience;
(d)
to communicate it to the public.
[52/2004]
(2)  Subsection (1) shall apply whether the act in question is done by the reception of the programme or by making use of any record, print, negative, tape or other article on which the programme has been recorded.
(3)  In relation to copyright in cable programmes, insofar as they consist of visual images, subsection (1) shall apply to any sequence of images sufficient to be seen as a moving picture; and accordingly, for the purpose of establishing an infringement of such copyright, it shall not be necessary to prove that the act in question extended to more than such a sequence of images.
(4)  For the purposes of subsection (1)(c), a cable programme shall be taken to be seen or heard by a paying audience if it is seen or heard by persons who either —
(a)
have been admitted for payment to the place where the programme is to be seen or heard, or have been admitted for payment to a place of which that place forms a part; or
(b)
have been admitted to the place where the programme is to be seen or heard in circumstances where goods or services are supplied there at prices which exceed the prices usually charged at that place and are partly attributable to the facilities afforded for seeing or hearing the programme.
(5)  For the purposes of subsection (4)(a), no account shall be taken —
(a)
of persons admitted to the place in question as residents or inmates therein; or
(b)
of persons admitted to that place as members of a club or society, where payment is only for membership of the club or society and the provision of facilities for seeing or hearing cable programmes is only incidental to the main purposes of the club or society.
Nature of copyright in published editions of works
86.  For the purposes of this Act, unless the contrary intention appears, copyright, in relation to a published edition of a literary, dramatic, musical or artistic work or of 2 or more literary, dramatic, musical or artistic works, is the exclusive right to make, by a means that includes a photographic process, a reproduction of the edition.
[Aust. 1968, s. 88]
Division 3 — Subject-Matter, other than Works, in which Copyright Subsists
Sound recordings in which copyright subsists
87.
—(1)  Subject to the provisions of this Act, copyright shall subsist in a sound recording of which the maker was a qualified person at the time when the recording was made.
(2)  Without prejudice to subsection (1), copyright shall subsist, subject to the provisions of this Act, in a sound recording if the recording was made in Singapore.
(3)  Without prejudice to subsections (1) and (2), copyright shall subsist, subject to the provisions of this Act, in a published sound recording if the first publication of the recording took place in Singapore.
[Aust. 1968, s. 89]
Cinematograph films in which copyright subsists
88.
—(1)  Subject to the provisions of this Act, copyright shall subsist in a cinematograph film of which the maker was a qualified person for the whole or a substantial part of the period during which the film was made.
(2)  Without prejudice to subsection (1), copyright shall subsist, subject to the provisions of this Act, in a cinematograph film if the film was made in Singapore.
(3)  Without prejudice to subsections (1) and (2), copyright shall subsist, subject to the provisions of this Act, in a published cinematograph film if the first publication of the film took place in Singapore.
[Aust. 1968, s. 90]
Television broadcasts and sound broadcasts in which copyright subsists
89.  Subject to the provisions of this Act, copyright shall subsist —
(a)
in a television broadcast made from a place in Singapore by the holder of a broadcasting licence; and
(b)
in a sound broadcast made from a place in Singapore by the holder of a broadcasting licence.
[15/94]
[Aust. 1968, s. 91]
Cable programmes in which copyright subsists
90.
—(1)  Subject to the provisions of this Act, copyright shall subsist in a cable programme which is included in a cable programme service provided by a qualified person in Singapore.
(2)  Copyright shall not subsist in a cable programme by virtue of this section if the programme is included in the cable programme service by the reception and immediate re-transmission of a television broadcast or a sound broadcast.
Published editions of works in which copyright subsists
91.
—(1)  Subject to the provisions of this Act, copyright shall subsist in a published edition of a literary, dramatic, musical or artistic work, or of 2 or more literary, dramatic, musical or artistic works, where —
(a)
the first publication of the edition took place in Singapore; or
(b)
the publisher of the edition was a qualified person at the date of the first publication of the edition.
(2)  Subsection (1) shall not apply to an edition that reproduces a previous edition of the same work or works.
[Aust. 1968, s. 92]
Division 4 — Duration of Copyright in Subject-Matter other than Works
Duration of copyright in sound recordings
92.  Copyright subsisting in a sound recording 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 recording is first published.
[21/2004]
[Aust. 1968, s. 93]
Duration of copyright in cinematograph films
93.
—(1)  Copyright subsisting in a cinematograph film by virtue of section 88(1) or (2) shall continue to subsist until the film is published and, after the publication of the film, until the expiration of 70 years after the expiration of the calendar year in which the film was first published.
[21/2004]
(2)  Copyright subsisting in a cinematograph film by virtue only of section 88(3) shall continue to subsist until the expiration of 70 years after the expiration of the calendar year in which the film was first published.
[21/2004]
[Aust. 1968, s. 94]
Duration of copyright in television broadcasts and sound broadcasts
94.
—(1)  Copyright subsisting in a television broadcast or sound broadcast by virtue of this Part shall continue to subsist until the expiration of 50 years after the expiration of the calendar year in which the broadcast was made.
(2)  Insofar as a television broadcast or sound broadcast is a repetition (whether the first or a subsequent repetition) of a previous television broadcast or sound broadcast to which section 89 applies, and is made by broadcasting visual images or sounds embodied in any article or thing —
(a)
if it is made before the expiration of the period of 50 years after the expiration of the calendar year in which the previous broadcast was made — any copyright subsisting in it shall expire at the expiration of that period; and
(b)
if it is made after the expiration of that period — copyright shall not subsist in it by virtue of this Part.
[Aust. 1968, s. 95]
Duration of copyright in cable programmes
95.  Copyright subsisting in a cable programme by virtue of this Part shall continue to subsist until the expiration of 50 years from the end of the calendar year in which the cable programme is first included in the cable programme service.
Duration of copyright in published editions of works
96.  Copyright subsisting in a published edition of a work or works by virtue of this Part shall continue to subsist until the expiration of 25 years after the expiration of the calendar year in which the edition was first published.
[Aust. 1968, s. 96]
Division 5 — Ownership of Copyright in Subject-Matter other than Works
Ownership of copyright in sound recordings
97.
—(1)  This section shall have effect subject to Part X.
(2)  Subject to subsection (3), the maker of a sound recording is the owner of any copyright subsisting in the recording by virtue of this Part.
(3)  Where —
(a)
a person makes, for valuable consideration, an agreement with another person for the making of a sound recording by the other person; and
(b)
the recording is made in pursuance of the agreement,
the first-mentioned person is, in the absence of any agreement to the contrary, the owner of any copyright subsisting in the recording by virtue of this Part.
[Aust. 1968, s. 97]
Ownership of copyright in cinematograph films
98.
—(1)  This section shall have effect subject to Part X.
(2)  Subject to subsection (3), the maker of a cinematograph film is the owner of any copyright subsisting in the film by virtue of this Part.
(3)  Where —
(a)
a person makes, for valuable consideration, an agreement with another person for the making of a cinematograph film by the other person; and
(b)
the film is made in pursuance of the agreement,
the first-mentioned person is, in the absence of any agreement to the contrary, the owner of any copyright subsisting in the film by virtue of this Part.
[Aust. 1968, s. 98]
Ownership of copyright in television broadcasts and sound broadcasts
99.  Subject to Part X, a person who is or has been a holder of a broadcasting licence is the owner of any copyright subsisting in a television broadcast or sound broadcast, as the case may be, made by that person.
[15/94]
[Aust. 1968, s. 99]
Ownership of copyright in cable programmes
100.  Subject to Part X, a person providing a cable programme service is the owner of any copyright subsisting in a cable programme included in that service.
Ownership of copyright in published editions of works
101.  Subject to Part X, the publisher of an edition of a work or works is the owner of any copyright subsisting in the edition by virtue of this Part.
[Aust. 1968, s. 100]
Division 6 — Infringement of Copyright in Subject-Matter other than Works
Interpretation of this Division
102.  In this Division, “audio-visual item” means a sound recording, a cinematograph film, a sound broadcast, a television broadcast or a cable programme.
[6/98]
[Aust. 1968, s. 100A]
Infringement by doing acts comprised in copyright
103.
—(1)  Subject to the provisions of this Act, a copyright subsisting by virtue of this Part 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 104 and 105 shall not affect the generality of subsection (1).
(3)  Subsection (1) shall apply in relation to an act done in relation to a sound recording whether the act is done by directly or indirectly making use of a record embodying the recording.
(4)  Subsection (1) shall apply in relation to an act done in relation to a television broadcast or a sound broadcast or a cable programme whether the act is done by the reception of the broadcast or programme or by making use of any article or thing in which the visual images and sounds comprised in the broadcast or programme have been embodied.
[Aust. 1968, s. 101]
Infringement by importation for sale or hire
104.  A copyright subsisting by virtue of this Part 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. 102]
Infringement by sale and other dealings
105.
—(1)  A copyright subsisting by virtue of this Part 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. 103]
Infringing copies made on machines installed in libraries and archives
105A.  Where —
(a)
a person makes an infringing copy of, or of part of, an audio-visual item on a machine (including a computer), being a machine installed by or with the approval of the body administering any 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.
[52/2004]
[Aust. 1968, s. 104B]
Acts done for purposes of judicial proceeding
106.  A copyright subsisting by virtue of this Part is not infringed by anything done —
(a)
for the purpose of a judicial proceeding or 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. 104]
Making of a copy of sound recording for purposes of broadcasting
107.
—(1)  The copyright in a sound recording is not infringed by the making of a copy of a sound recording solely for the purpose of the broadcasting of the recording.
[6/98]
(2)  Subsection (1) shall not apply in relation to a copy of a sound recording if the copy is used for a purpose other than —
(a)
the broadcasting of the recording; or
(b)
the making of further copies of the sound recording for the purpose of the broadcasting of the recording.
[6/98]
(2A)  Notwithstanding subsections (1) and (2), where a sound recording is intended for broadcast or is broadcast, the copyright in the sound recording is not infringed by —
(a)
the making of a copy of the sound recording for, or the supply of a copy of the sound recording to, any statutory authority; or
(b)
the use of a copy of the sound recording by that statutory authority or any of its authorised officers,
for the purpose of ascertaining whether the intended broadcast complies with, or the broadcast contravenes, the provisions of any written law administered by that statutory authority.
[52/2004]
(3)  Subsection (1) shall not apply in relation to a copy of a sound recording where the copy is used for the purpose of the broadcasting by a person who is not the maker of the copy unless the maker has paid to the owner of the copyright in the recording 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 copy.
[23/2009 wef 31/12/2009]
[6/98]
(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 recording 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 copy of a sound recording unless all the copies made in accordance with that subsection 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 copy made by a non-profit organisation solely for its own broadcast, 2 years, commencing on the day on which any of the copies made in accordance with that subsection is first used for broadcasting the recording in accordance with that subsection; or
(b)
before the expiration of such further period, if any, as is agreed between the maker of the copy and the owner of the copyright in the recording.
[6/98]
[Aust. 1968, s. 107]
[Act 25 of 2012 wef 28/03/2013]
Making of copy of sound recording or cinematograph film for purpose of simulcasting
107A.
—(1)  Where the broadcasting of a sound recording or a cinematograph film would not for any reason constitute an infringement of the copyright in the recording or film, but the making of a copy of the recording or film would, apart from this section, constitute an infringement of the copyright, the copyright is not infringed by the making of a copy of the recording or film if the copy is made solely for the purpose of simulcasting the recording or film in digital form.
[52/2004]
(2)  Subsection (1) shall not apply in relation to a copy of a recording or film if the copy is used for a purpose other than —
(a)
the simulcasting of the recording or film in circumstances that do not for any reason constitute an infringement of the copyright in the recording or film; or
(b)
the making of further copies of the recording or film for the purpose of simulcasting the recording or film in such circumstances.
[52/2004]
(3)  Subsection (1) shall not apply in relation to a copy of a recording or film unless all copies of the recording or film made under that subsection are destroyed before the expiration of the prescribed period.
[52/2004]
[Aust. 1968, s. 110C]
Non-subscription digital audio transmissions
107B.  Without prejudice to the generality of section 82(3), it is not an infringement of a copyright in a sound recording to make available to the public the sound recording by means of or as part of a digital audio transmission where the transmission —
(a)
is a sound broadcast;
(b)
is not part of an interactive service; and
(c)
is not a subscription transmission.
[30/2008 wef 17/12/2008]
Digital audio transmissions within business establishment
107C.
—(1)  It is not an infringement of a copyright in a sound recording to make available to the public the sound recording by means of or as part of a digital audio transmission if —
(a)
the sound recording is made available to the public by such means within the premises of a business establishment;
(b)
the making available to the public of the sound recording by such means causes the sound recording to be heard within the premises or immediate surroundings of the business establishment; and
(c)
the business carried on in the business establishment does not consist primarily of the making available to the public of sound recordings by such means for payment.
[52/2004]
(2)  In this section, “premises” includes any land, building structure and conveyance.
[52/2004]
Other non-infringing non-interactive transmissions
107D.  It is not an infringement of a copyright in a sound recording to make available to the public the sound recording by means of or as part of a digital audio transmission that is not part of an interactive service, if the person who does so pays the owner of the copyright in the sound recording such amount by way of equitable remuneration in respect of the transmission as may be agreed upon between them or, in default of such an agreement, as may be determined by a Copyright Tribunal on the application of either party.
[23/2009 wef 31/12/2009]
[52/2004]
[Aust. 1968, s. 108 (1)]
Temporary copy made in course of communication
107E.
—(1)  Subject to subsection (2), the copyright in an audio-visual item is not infringed by the making of a temporary or transient copy of the audio-visual item if —
(a)
the copy 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)  Subsection (1) shall not apply to the making of a temporary or transient copy of an audio-visual item if the copy of the audio-visual item that is communicated —
(a)
is an infringing copy of the audio-visual item; or
(b)
is a copy that, if it had been made in Singapore, would have been an infringing copy of the audio-visual item.
[22/2005]
(3)  Nothing in subsection (1) shall be construed as authorising any subsequent use of the temporary or transient copy of the audio-visual item.
[22/2005]
[Aust. 1968, s. 111A]
Provisions relating to cinematograph films
108.
—(1)  Where the visual images forming part of a cinematograph film consist wholly or principally of images that, at the time when they were first embodied in an article or thing, were means of communicating news, the copyright in the film is not infringed by the causing of the film to be seen or heard, or to be both seen and heard, in public after the expiration of 50 years after the expiration of the calendar year in which the principal events depicted in the film occurred.
(2)  Where the sounds that are embodied in a sound-track associated with the visual images forming part of a cinematograph film are also embodied in a record, other than such a sound-track or a record derived directly or indirectly from such a sound-track, the copyright in the cinematograph film is not infringed by any use made of that record.
[Aust. 1968, s. 110]
Fair dealing in relation to other subject-matter
109.
—(1)  Subject to this section, a fair dealing with an audio-visual item for any purpose other than a purpose referred to in section 110 or 111 shall not constitute an infringement of the copyright in the item or in any work or other audio-visual item included in the item.
[52/2004]
(2)  The purposes for which a dealing with an audio-visual item may constitute a fair dealing under subsection (1) shall include research and study.
[52/2004]
(3)  For the purposes of this Act, the matters to which regard shall be had, in determining whether a dealing with an audio-visual item, being a dealing by way of copying the whole or a part of the audio-visual item, constitutes a fair dealing with the audio-visual item for any purpose other than a purpose referred to in section 110 or 111 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 audio-visual item;
(c)
the amount and substantiality of the part copied taken in relation to the whole audio-visual item;
(d)
the effect of the dealing upon the potential market for, or value of, the audio-visual item; and
(e)
the possibility of obtaining the audio-visual item within a reasonable time at an ordinary commercial price.
[52/2004]
Fair dealing for purpose of criticism or review
110.  A fair dealing with an audio-visual item shall not constitute an infringement of the copyright in the item or in any work or other audio-visual item included in the item if it is for the purpose of criticism or review, whether of the first-mentioned audio-visual item, another audio-visual item or a work, and a sufficient acknowledgment of the first-mentioned audio-visual item is made.
[Aust. 1968, s. 41]
Fair dealing for purpose of reporting news
111.  A fair dealing with an audio-visual item shall not constitute an infringement of the copyright in the item or in any work or other audio-visual item included in the item if —
(a)
it is for the purpose of, or is associated with, the reporting of news in a newspaper, magazine or similar periodical and a sufficient acknowledgment of the first-mentioned audio-visual item is made; or
(b)
it is for the purpose of, or is associated with, the reporting of news by means of broadcasting or a cable programme service, by any other means of communication to the public, or in a cinematograph film.
[52/2004]
[Aust. 1968, s. 42]
Copying of unpublished sound recordings and cinematograph films in libraries or archives
112.  Where, at a time more than 50 years after the time at which, or the expiration of the period during which, a sound recording or cinematograph film was made, copyright subsists in the sound recording or cinematograph film but —
(a)
the sound recording or cinematograph film has not been published; and
(b)
a record embodying the sound recording, or a copy of the cinematograph film, is kept in the collection of a library or archives where it is, subject to any regulations governing that collection, accessible to the public,
the copyright in the sound recording or cinematograph film and in any work or other subject-matter included in the sound recording or cinematograph film is not infringed —
(i)
by the making of a copy, or the communication, of the sound recording or cinematograph film 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 sound recording or cinematograph film by or on behalf of the officer-in-charge of the library or archives, if the copy or the recording or film is supplied (whether by communication or otherwise) to a person who satisfies the officer that he requires the copy or the recording or film for the purpose of research or study or with a view to publication and that he will not use it for any other purpose.
[52/2004]
[Aust. 1968, s. 51]
Copying of sound recordings and cinematograph films for preservation and other purposes
113.
—(1)  Subject to subsection (3), where a copy of a sound recording, being a sound recording that forms, or formed, part of the collection of a library or archives, is made by or on behalf of the officer-in-charge of the library or archives —
(a)
if the sound recording is held in the collection in the form of a first record — for the purpose of preserving the record 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 record is held or at another library or archives;
(b)
if the sound recording is held in the collection in a published form but has been damaged or has deteriorated — for the purpose of replacing the sound recording; or
(c)
if the sound recording has been held in the collection in a published form but has been lost or stolen — for the purpose of replacing the sound recording,
the making of the copy does not infringe copyright in the sound recording or in any work or other subject-matter included in the sound recording.
(2)  Subject to subsection (3), where a copy of a cinematograph film, being a cinematograph film that forms, or formed, part of the collection of a library or archives, is made by or on behalf of the officer-in-charge of the library or archives —
(a)
if the cinematograph film is held in the collection in the form of a first copy — for the purpose of preserving the copy 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 copy is held or at another library or archives;
(b)
if the cinematograph film is held in the collection in a published form but has been damaged or has deteriorated — for the purpose of replacing the cinematograph film; or
(c)
if the cinematograph film has been held in the collection in a published form but has been lost or stolen — for the purpose of replacing the cinematograph film,
the making of the copy does not infringe copyright in the cinematograph film or in any work or other subject-matter included in the cinematograph film.
(3)  Subsection (1) does not apply in relation to a sound recording, and subsection (2) does not apply in relation to a cinematograph film, held in a 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 or she is satisfied that a copy (not being a secondhand copy) of the sound recording or cinematograph film, as the case may be, cannot be obtained within a reasonable time at an ordinary commercial price.
(4)  Where a copy of an unpublished sound recording or an unpublished cinematograph film is made under subsection (1) or (2) 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 the publication of the sound recording or cinematograph film or of any work or other subject-matter included in the sound recording or cinematograph film.
[Aust. 1968, s. 110B]
Filming or recording broadcasts or programmes for private and domestic use
114.
—(1)  The copyright in a television broadcast or a cable programme, or in a literary, artistic, dramatic or musical work or a cinematograph film included in the broadcast or programme, insofar as it consists of visual images, is not infringed by the making of a cinematograph film of the broadcast or the cable programme for the private and domestic use of the person by whom the cinematograph film is made.
(2)  The copyright in a sound broadcast, a television broadcast or a cable programme, or in a literary, dramatic or musical work, a sound recording or a cinematograph film included in the broadcast or programme, insofar as it consists of sounds, is not infringed by the making of a sound recording of the broadcast or the cable programme for the private and domestic use of the person by whom the sound recording is made.
(3)  For the purposes of this section, a cinematograph film or a sound recording shall be deemed to be made otherwise than for the private and domestic use of the person by whom it is made if it is made for the purpose of —
(a)
the sale or letting for hire of the film or the sound recording, as the case may be;
(b)
broadcasting the film or recording or including it in a cable programme; or
(c)
causing the film or recording to be seen or heard in public.
[Aust. 1968, s. 111]
Use of broadcasts for educational purposes
115.  The making of a record of a sound broadcast or a cinematograph film of a television broadcast or of a cable programme does not constitute an infringement of copyright in a work or sound recording or cinematograph film included in the broadcast or programme, or an infringement of copyright in the broadcast or programme, if —
(a)
the record or cinematograph film is made by, or on behalf of, the person or authority in charge of an educational institution; and
(b)
the record or cinematograph film is not used except in the course of instruction at that institution.
[Aust. 1968, s. 200]
Copying for course of instruction in making of film or sound-track
115A.  Copyright in a sound recording, cinematograph film, television broadcast, sound broadcast or cable programme is not infringed by its being copied in the making of —
(a)
a cinematograph film; or
(b)
a sound-track associated with the visual images forming part of a cinematograph film,
in the course of instruction, or preparation for instruction, in the making of a cinematograph film or sound-track associated with the visual images forming part of a cinematograph film, if the copying is done by a person giving or receiving such instruction.
[6/98]
Things done for purposes of examination
115B.  A copyright subsisting by virtue of this Part 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]
Reproductions of editions of work
116.  The copyright in a published edition of a work or works is not infringed by the making of a reproduction of the whole or a part of that edition if that reproduction is made in the course of —
(a)
where the edition contains one work only —
(i)
a dealing with that work, being a dealing that does not, by virtue of section 35, 36, 37, 38 or 40, infringe copyright in that work; or
(ii)
the making of a copy (including a handicapped reader’s copy or an intellectually handicapped reader’s copy) of the whole or a part of that work, being a copy the making of which does not, by virtue of section 45, 46, 48, 51, 52, 54 or 54A, infringe copyright in that work; or
(b)
where the edition contains more than one work —
(i)
a dealing with one of those works or dealings with some or all of those works, being a dealing that does not, or dealings that do not, by virtue of section 35, 36, 37, 38 or 40, infringe copyright in that work or those works; or
(ii)
the making of a copy (including a handicapped reader’s copy or an intellectually handicapped reader’s copy) of the whole or a part of one of those works or the making of copies (including the handicapped reader’s copies or the intellectually handicapped reader’s copies) of the whole or parts of some or all of those works, being a copy the making of which does not, or copies the making of which do not, by virtue of section 45, 46, 48, 51, 52, 54 or 54A, infringe copyright in that work or in those works.
[6/98]
[Aust. 1968, s. 112]
Accessories to imported articles
116A.
—(1)  The copyright in —
(a)
a published edition of a work embodied in an accessory to an article; or
(b)
a sound recording or cinematograph film that is 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 104(a), (b) or (c) unless the article is an infringing copy.
[14/94]
(2)  The operation of this Act in relation to —
(a)
a published edition of a work embodied in an article; or
(b)
a sound recording or cinematograph film,
is not affected by the operation of this section in relation to —
(i)
a published edition of a work, or other subject-matter, embodied in an accessory to the article; or
(ii)
a sound recording or cinematograph film that is an accessory to the article.
[14/94]
(3)  If an article is imported into Singapore for a purpose mentioned in section 104(a), (b) or (c), and the importation is not, by reason of this section, an infringement of the copyright in —
(a)
a published edition of a work embodied in an accessory to the article;
(b)
a sound recording or cinematograph film that is 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 published edition of a work, or in the sound recording or cinematograph film, and section 105(1) shall not apply to the accessory.
[14/94]
[Aust. 1968, s. 10AD]
Division 7 — Miscellaneous
Copyrights to subsist independently
117.
—(1)  Where copyright subsists in any subject-matter by virtue of this Part, nothing in this Part shall be taken to affect the operation of Part III in relation to any literary, dramatic, musical or artistic work from which that subject-matter is wholly or partly derived, and any copyright subsisting by virtue of this Part is in addition to, and independent of, any copyright subsisting by virtue of Part III.
[38/99]
(2)  The subsistence of copyright under any provision of this Part shall not affect the operation of any other provision of this Part under which copyright can subsist.
[Aust. 1968, s. 113]