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Contents  

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 Persons with Reading Disabilities 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

 
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On 21/09/2017, you requested the version in force on 21/09/2017 incorporating all amendments published on or before 21/09/2017. The closest version currently available is that of 31/03/2015.
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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]
Copying, etc., under statutory licence by institutions for reading disabilities
115C.
—(1)  Subject to the modifications in subsection (2), section 54 shall apply in relation to each of the following subject‑matter as it applies in relation to a relevant work that has been published within the meaning of that section:
(a)
a sound recording that has been published, other than one that comprises only of the performance of a musical work, or of a musical work in which words are sung, or are spoken incidentally to or in association with the music;
(b)
a sound broadcast, other than one that comprises only of the performance of a musical work, or of a musical work in which words are sung, or are spoken incidentally to or in association with the music.
(2)  The modifications referred to in subsection (1) are as follows:
(a)
a reference to an accessible format copy of a work shall be read as a reference to an accessible format copy of the subject‑matter in question;
(b)
a reference to the making available to any person of an accessible format copy in an electronic form of a work shall, in the case of an accessible format copy of the sound recording referred to in subsection (1)(a), be read as a reference to the making available to that person by means of or as part of a digital audio transmission; and
(c)
such other modifications as may be prescribed by regulations.
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 copy for a person with a reading disability 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 copy for a person with a reading disability 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 copies for persons with reading disabilities 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]