On 25/05/2013,
you requested for the version in force on 25/05/2013
incorporating all amendments published on or before 25/05/2013.
The closest version currently available is that of 28/03/2013.
PART IX
FALSE ATTRIBUTION OF AUTHORSHIP
187. In this Part, unless the context otherwise requires —
“name” includes initials or a monogram;
“performance”, “protection period” and “recording” have the same meanings as in Part XII.
[52/2004]
[Aust. 1968, s. 189]
188.
—(1) A person (referred to in this subsection as the offender) shall, by virtue of this section, be under a duty to the author of a work or a performer of a performance not to —
(a)
insert or affix another person’s name in or on the work or a recording of the performance, or in or on a reproduction of the work or recording, in such a way as to imply that the other person is the author of the work or the performer of the performance;
(b)
publish, sell or let for hire, by way of trade offer or expose for sale or hire, or by way of trade exhibit in public, the work or recording of the performance with another person’s name so inserted or affixed, if the offender knows that the other person is not the author of the work or the performer of the performance;
(c)
do any of the acts mentioned in paragraph (b) in relation to, or distribute, reproductions of the work or recording of the performance, being reproductions in or on which another person’s name has been so inserted or affixed, if the offender knows that the other person is not the author of the work or the performer of the performance; or
(d)
perform in public or communicate the work as being a work of which another person is the author, or make available to the public the recording of a performance as being a recording of a performance of which another person is the performer, if the offender knows that the other person is not the author of the work or the performer of the performance.
[52/2004]
(2) Subsection (1) shall apply where, contrary to the fact, a work is represented as being an adaptation of the work of another person in like manner as it applies where a work is represented as being the work of another person.
[52/2004]
(3) After the death of the author of a work or the performer of the performance, a person shall, by virtue of this section, be under a duty to the legal personal representative of the author or performer not to do in relation to, or to a reproduction of, the work or an adaptation of the work or a recording of the performance any act that, but for the death of the author or performer, the person would, by reason of either subsection (1) or (2), have been under a duty to the author or performer not to do.
[52/2004]
(4) In this section —
“performance” means a performance in respect of which the protection period under Part XII has not expired;
“work” means a work in which copyright subsists under this Act.
[52/2004]
[Aust. 1968, s. 190]
189. Where a work in which copyright subsists or a recording of a performance in respect of which the protection period has not expired has been altered by a person other than the author of the work or the performer of the performance, a person shall be under a duty to the author or performer not to —
(a)
publish, sell or let for hire, or by way of trade offer or expose for sale or hire, the work or recording as so altered as being the unaltered work of the author or as an unaltered recording of the performance; or
(b)
publish, sell or let for hire, or by way of trade offer or expose for sale or hire, a reproduction of the work or a recording of the performance as so altered as being a reproduction of the unaltered work of the author or an unaltered recording of the performance by the performer,
if, to his knowledge, it is not —
(i)
the unaltered work or a reproduction of the unaltered work, as the case may be, of the author; or
(ii)
the unaltered recording or a reproduction of the unaltered recording, as the case may be, of the performance by the performer.
[52/2004]
[Aust. 1968, s. 191]
190. A person shall, by virtue of this section, be under a duty to the author of an artistic work in which copyright subsists not to —
(a)
publish, sell or let for hire, by way of trade offer or expose for sale or hire, or by way of trade exhibit in public, a reproduction of the work, as being a reproduction made by the author of the work; or
(b)
distribute reproductions of the work as being reproductions made by the author of the work,
where the reproduction was, or the reproductions were, to his knowledge, not made by the author.
[Aust. 1968, s. 192]
191. The doing of an act by a person shall not be a breach of a duty owed by that person to another person by virtue of this Part if the act was done outside Singapore or was done with the permission, whether express or implied, of that other person.
[Aust. 1968, s. 193]
192.
—(1) Where a person commits a breach of a duty owed by him to another person by virtue of this Part, the breach shall not be enforceable by criminal proceedings but the other person may bring an action in respect of the breach.
(2) The relief that a court may grant in an action under subsection (1) shall include an injunction (subject to such terms, if any, as the court thinks fit) and damages.
(3) Where, in respect of an act done in relation to, or to a reproduction of, a work or an adaptation of a work or a recording of a performance after the death of the author of the work or the performer of the performance, damages are recovered under this section by the legal personal representative of the author or performer, those damages devolve as if they formed part of the estate of the author or performer and as if the right of action in respect of the doing of that act had subsisted, and had been vested in the author or performer, immediately before his death.
[52/2004]
[Aust. 1968-1973, s. 194]
193.
—(1) Subject to this section, this Part shall not affect any right of action or other remedy, whether civil or criminal, in proceedings instituted otherwise than by virtue of this Part.
(2) Any damages recovered in proceedings instituted by virtue of this Part shall be taken into account in assessing damages in proceedings instituted otherwise than by virtue of this Part and arising out of the same operation or transaction.
(3) Any damages recovered in proceedings instituted otherwise than by virtue of this Part shall be taken into account in assessing damages in proceedings instituted by virtue of this Part and arising out of the same operation or transaction.
[Aust. 1968-1973, s. 195]