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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 19/10/2017, you requested the version in force on 19/10/2017 incorporating all amendments published on or before 19/10/2017. The closest version currently available is that of 31/03/2015.
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PART XII
PERFORMERS’ PROTECTION
Interpretation of this Part
246.
—(1)  In this Part —
“action” means a proceeding of a civil nature between parties and includes a counterclaim;
“authorised”, in relation to a recording of a performance, means made with the authority of the performer;
“direct”, in relation to a recording of a performance, means made —
(a)
directly from the live performance; or
(b)
from a broadcast or re-broadcast of, or a cable programme that includes, the performance;
“electronic copy”, in relation to an electronic recording, means a copy in an electronic form of the recording;
“electronic recording” means a recording in an electronic form, whether it is a direct recording or a copy thereof;
“exempt recording” means —
(a)
a direct or an indirect recording of a performance made solely for the purpose of the private and domestic use of the person who made it;
(b)
a direct or an indirect recording of a performance made solely for the purpose of use in scientific research;
(c)
a direct or an indirect recording of a performance made by, or on behalf of, the body administering an educational institution solely for the educational purposes of that institution or of another educational institution;
(d)
a direct or an indirect recording of a performance made solely for the purposes of setting or answering the questions in an examination or communicating the questions to the candidates;
(e)
a direct or an indirect recording of a performance made in the course of instruction, or preparation for instruction, in the making of a cinematograph film or a sound-track associated with the visual images forming part of a cinematograph film, if the recording is done by a person giving or receiving such instruction;
(f)
a direct or an indirect recording of a performance made by, or on behalf of, the body administering an institution assisting persons with reading disabilities solely for use by a person with a reading disability 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;
(g)
a direct or an indirect recording of a performance made by, or on behalf of, the body administering an institution assisting intellectually handicapped persons solely for the purpose of the provision, whether by the institution or otherwise, of assistance to intellectually handicapped persons;
(h)
a direct or an indirect recording of a performance made —
(i)
for the purpose of, or in relation to, the reporting of news or current affairs; or
(ii)
for the purpose of criticism or review;
(i)
a direct or an indirect recording of a performance made —
(i)
for the purpose of judicial proceedings;
(ii)
for the purpose of seeking professional advice from an advocate and solicitor; or
(iii)
for the purpose of, or in the course of, the giving of professional advice by an advocate and solicitor;
(j)
a direct or an indirect recording of a performance made by a broadcaster who has the authority of the performer to broadcast the performance, being a recording made solely for the purpose of making that broadcast;
(k)
a direct or an indirect recording of a performance made by a person who reasonably believes, due to a fraudulent or innocent misrepresentation made to the person, that the performer has authorised the making of the recording by the person;
(l)
a copy of a recording referred to in paragraph (a), (b), (c), (d), (e), (f), (g), (h) or (i), being a copy made solely for a purpose referred to in any of those paragraphs;
(m)
a copy of a recording referred to in paragraph (j), being a copy made solely for the purpose referred to in that paragraph;
(n)
a copy of a recording referred to in paragraph (k), being a copy made —
(i)
by a person who believes, due to a fraudulent or innocent misrepresentation made to the person, that the performer has authorised the making of the copy; or
(ii)
solely for a purpose referred to in paragraph (a), (b), (c), (d), (e), (f), (g), (h) or (i); or
(o)
a copy of an authorised recording of a performance;
“flagrantly infringing online location” means an online location which is determined by the High Court under section 252CDA to have been or is being used to flagrantly make or facilitate unauthorised use of performances;
“monetary relief” means damages, an account of profits or statutory damages;
“network service provider”  —
(a)
for the purposes of sections 252A, 252CDA and 252CDB, means a person who provides services relating to, or provides connections for, the transmission or routing of data; and
(b)
for the purposes of sections 252B to 252CC and 252CE, means a person who provides, or operates facilities for, online services or network access and includes a person referred to in paragraph (a),
but does not include such person or class of persons as the Minister may prescribe;
“performance” means —
(a)
a performance (including an improvisation) of a dramatic work, or part of such a work, including such a performance given with the use of puppets;
(b)
a performance (including an improvisation) of a musical work or part of such a work;
(c)
the reading, recitation or delivery of a literary work, or part of such a work, or the recitation or delivery of an improvised literary work;
(d)
a performance of a dance; or
(e)
a performance of a circus act or a variety act or any similar presentation or show,
being a live performance given in Singapore or by one or more qualified persons, whether in the presence of an audience or otherwise;
“primary network”, in relation to a network service provider, refers to a network controlled or operated by or for the network service provider;
“protection period”, in relation to a performance, means the period beginning on the day when the performance is given and ending at the end of the period of 70 calendar years after the calendar year in which the performance is given;
“qualified person” means a citizen of Singapore or a person resident in Singapore;
“recording” means a sound recording other than an exempt recording;
“routing” means directing or choosing the means or routes for the transmission of data;
“sound recording” includes an article in which sounds are embodied;
“unauthorised”, in relation to a recording of a performance, means made without the authority of the performer;
“unauthorised use” has the meaning given to it in section 252.
[6/98; 38/99; 21/2004; 52/2004]
(2)  The following shall be taken not to be performances for the purposes of this Part:
(a)
a performance referred to in section 23(1);
(b)
a reading, recital or delivery of any item of news and information;
(c)
a performance of a sporting activity;
(d)
a participation in a performance as a member of an audience;
(e)
a performance in a National Day Parade in Singapore; or
(f)
any other performance as may be prescribed by the Minister.
[6/98]
(3)  In this Part —
(a)
a reference to the doing of an act in relation to a performance shall be read as including a reference to the doing of that act in relation to a substantial part of the performance;
(b)
a reference to the doing of an act in relation to a recording of a performance shall be read as including a reference to the doing of that act in relation to a recording of a substantial part of the performance;
(c)
a reference to the doing of an act in relation to a performance, or a recording of a performance, with the authority of the performer is, in the case of 2 or more performers, a reference to the doing of the act where each of the performers has authorised the doing of the act; and
(d)
a reference to the doing of an act in relation to a performance, or a recording of a performance, without the authority of the performer is, in the case of 2 or more performers, a reference to the doing of the act where at least one of the performers has not authorised the doing of the act.
[6/98]
[Aust. 1968, s. 248A]
Educational purposes
247.  Without limiting the meaning of the expression “educational purposes” in paragraph (c) of the definition of “exempt recording” in section 246(1), a recording or a copy of such a recording, shall be taken to have been made for the educational purposes of an educational institution if it is made —
(a)
for use in connection with a particular course of instruction provided by the institution; or
(b)
for inclusion in the collection of a library of the institution.
[6/98]
[Aust. 1968, s. 248B]
Exempt recordings cease to be exempt recordings in certain circumstances
248.
—(1)  If any recording of a performance, being a recording that is an exempt recording under paragraph (j) of the definition of “exempt recording” in section 246(1), is not destroyed —
(a)
before the expiration of the period of 6 months or, in the case of a recording made by a non-profit organisation solely for its own broadcast, 2 years, commencing on the day on which the recording is first used for broadcasting the performance; or
(b)
before the expiration of such further period, if any, as is agreed between the maker of the recording and the performer of the performance,
the recording shall, at the end of that period, cease to be an exempt recording.
[38/99]
(2)  If any copy of a recording of a performance, being an exempt recording under paragraph (m) of the definition of “exempt recording” in section 246(1), is not destroyed —
(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 the copy is first used for broadcasting the performance; or
(b)
before the expiration of such further period, if any, as is agreed between the maker of the copy and the performer of the performance,
the copy of the recording shall, at the end of that period, cease to be an exempt recording.
[38/99]
(3)  A recording or a copy of such a recording that is an exempt recording because it was made for a purpose referred to in paragraph (a), (b), (c), (d), (e), (f), (g), (h) or (i) of the definition of “exempt recording” in section 246(1), ceases to be an exempt recording if it is used for any other purpose without the authority of the performer.
[6/98]
[Aust. 1968, s. 248C]
Private and domestic use
249.  For the purposes of this Part, a recording or a copy of such a recording shall be taken not to have been made for the private and domestic use of the person who made it if it is made for the purpose of —
(a)
selling it, letting it for hire, or by way of trade offering or exposing it for sale or hire;
(b)
distributing it for the purposes of trade;
(c)
by way of trade exhibiting it in public;
(d)
broadcasting it or including it in a cable programme service; or
(e)
causing it to be heard in public.
[6/98; 38/99]
References to inclusion of performance in cable programme service
250.  A reference in this Part to the inclusion of a performance or a recording thereof in a cable programme service is a reference to the inclusion of the performance or recording in a programme of such a service by the person providing that service.
[6/98; 38/99]
Application
251.
—(1)  Subject to the other provisions of this Part, this Part shall apply to an act done on or after 16th April 1998 in relation to a performance given before, on or after that date.
[6/98; 38/99]
(2)  Nothing in this Part shall affect any copyright subsisting in a work that is performed or in any sound recording, cinematograph film or broadcast of a performance, or any other right or obligation arising otherwise than under this Part.
[6/98]
[Aust. 1968, s. 248F]
What constitutes unauthorised use
252.
—(1)  A person makes an unauthorised use of a performance if the person, at any time during the protection period of the performance and without the authority of the performer —
(a)
makes a direct or an indirect recording of the performance in any manner or medium;
(b)
communicates the live performance to the public;
(c)
makes a copy of a recording of the performance that the person knows, or ought reasonably to know, is an unauthorised recording;
(d)
makes a copy of an exempt recording of the performance, being a copy that the person knows, or ought reasonably to know, is not itself an exempt recording;
(e)
causes the performance to be seen and heard, or seen or heard, live in public;
(f)
publishes the recording of the performance if it is unpublished; or
(g)
makes available a recording of the performance to the public (on a network or otherwise) in such a way that the recording may be accessed by any person from a place and at a time chosen by him.
[6/98; 52/2004]
(1A)  A person makes an unauthorised use of a performance if the person, at any time on or after 15th December 1999 and during the protection period of the performance, and without the authority of the performer —
(a)
sells, lets for hire, or by way of trade exhibits in public or offers or exposes for sale or hire a recording of the performance that the person knows, or ought reasonably to know, is an unauthorised recording;
(b)
distributes a recording of the performance for the purposes of trade, being a recording that the person knows, or ought reasonably to know, is an unauthorised recording; or
(c)
imports a recording of the performance into Singapore for the purpose of —
(i)
selling it, letting it for hire, or by way of trade exhibiting it in public or offering or exposing it for sale or hire; or
(ii)
distributing it for the purposes of trade,
being a recording that the person knows, or ought reasonably to know, is an unauthorised recording.
[38/99]
(1B)  A reference in this section to the making of a copy of a recording of a performance includes a reference to the making of a copy which is transient or is incidental to some other use of the recording.
[38/99]
(2)  This section shall apply only to acts done in Singapore.
[38/99]
[Aust. 1968, s. 248G]
Transmission, routing and provision of connections
252A.
—(1)  The court shall not grant any monetary relief or, except as provided for in section 252CB, make any order against a network service provider for any unauthorised use of any performance, the protection period of which has not expired, that occurs by reason of —
(a)
the transmission or routing by the network service provider of, or the provision of connections by the network service provider for, an electronic recording of the performance through the network service provider’s primary network; or
(b)
any transient storage by the network service provider of an electronic recording of the performance in the course of such transmission, routing or provision of connections,
if the network service provider satisfies the conditions set out in subsection (2).
[52/2004]
(2)  The conditions referred to in subsection (1) are that —
(a)
the transmission of the electronic recording of the performance was initiated by or at the direction of a person other than the network service provider;
(b)
the transmission, routing, provision of connections or storage is carried out through an automatic technical process without any selection of the electronic recording of the performance by the network service provider;
(c)
the network service provider does not select the recipients of the electronic recording of the performance except as an automatic response to the request of another person; and
(d)
the network service provider does not make any substantive modification (other than any modification made as part of a technical process) to the content of the electronic recording of the performance during the transmission of the electronic recording of the performance through the primary network.
[52/2004]
System caching
252B.
—(1)  The court shall not grant any monetary relief or, except as provided for in section 252CB, make any order against a network service provider for any unauthorised use of any performance, the protection period of which has not expired, that occurs by reason of the making by the network service provider of an electronic recording of the performance (referred to in this section as the cached copy) on the network service provider’s primary network —
(a)
from another electronic recording of the performance made available on a network (referred to in this section as the originating network);
(b)
through an automatic process;
(c)
in response to an action by a user of the primary network; and
(d)
in order to facilitate efficient access to the performance by that user or other users,
if the network service provider satisfies the conditions set out in subsection (2).
[52/2004]
(2)  The conditions referred to in subsection (1) are that —
(a)
the network service provider does not make any substantive modification (other than any modification made as part of a technical process) to the content of the cached copy of the electronic recording of the performance during the transmission of the cached copy of the electronic recording of the performance to users of the primary network or another network;
(b)
if the network service provider is furnished in the prescribed manner with a notice in, or substantially in accordance with, the prescribed form relating to the cached copy of the electronic recording of the performance —
(i)
purportedly made by the performer of the performance or under the performer’s authority; and
(ii)
stating the prescribed matters,
the network service provider expeditiously takes reasonable steps to remove or disable access to the cached copy of the electronic recording of the performance on the primary network; and
(c)
the network service provider satisfies such other conditions as the Minister may prescribe in relation to —
(i)
access to the cached copy of the electronic recording of the performance by users of the primary network or another network;
(ii)
the refreshing, reloading or updating of the cached copy of the electronic recording of the performance; and
(iii)
non-interference with technology used at the originating network to obtain information about the use of any electronic recording of any performance on the originating network, being technology that is consistent with industry standards in Singapore.
[52/2004; 22/2005]
Storage and information location
252C.
—(1)  The court shall not grant any monetary relief or, except as provided for in section 252CB, make any order against a network service provider for any infringement of copyright in any performance, the protection period of which has not expired, that occurs by reason of —
(a)
the storage, at the direction of a user of the network service provider’s primary network, of an electronic recording of the performance on the primary network, if the network service provider satisfies the conditions referred to in subsection (2); or
(b)
the network service provider referring or linking a user of any network to an online location on a network (referred to in this section as the originating network), being a location at which an electronic recording of the performance is made available, by the use of —
(i)
an information location tool such as a hyperlink or directory; or
(ii)
an information location service such as a search engine,
if the network service provider satisfies the conditions referred to in subsection (4).
[52/2004]
(2)  The conditions referred to in subsection (1)(a) are that —
(a)
the network service provider does not receive any financial benefit directly attributable to any unauthorised use of the performance that occurs in, or in the course of, making available the electronic recording of the performance on the primary network, provided that the network service provider has the right and ability to control the unauthorised use of the performance;
(b)
if the network service provider —
(i)
acquires actual knowledge that there has been an unauthorised use of the performance in, or in the course of, making available the electronic recording of the performance on the primary network;
(ii)
acquires knowledge of such facts or circumstances which would lead inevitably to the conclusion that there has been an unauthorised use of the performance in, or in the course of, making available the electronic recording of the performance on the primary network; or
(iii)
is furnished in the prescribed manner with a notice in, or substantially in accordance with, the prescribed form relating to the electronic recording of the performance on the primary network —
(A)
purportedly made by the performer of the performance or under the performer’s authority; and
(B)
stating the prescribed matters,
the network service provider expeditiously takes reasonable steps to remove or disable access to the electronic recording of the performance on the primary network; and
(c)
the network service provider has designated a representative to receive any notice referred to in paragraph (b)(iii) and published the prescribed information on the designated representative in the prescribed manner.
[52/2004; 22/2005]
(3)  For the purposes of subsection (2), a notice purportedly made by the performer of the performance or under the performer’s authority which is not a notice referred to in subsection (2)(b)(iii), or a notice under section 252CDB(1)(b), shall not be considered in determining whether the network service provider has acquired any knowledge referred to in subsection (2)(b)(i) or (ii).
[22/2005]
(4)  The conditions referred to in subsection (1)(b) are that —
(a)
the network service provider does not receive any financial benefit directly attributable to any unauthorised use of the performance that occurs in, or in the course of, making available the electronic recording of the performance on the originating network, provided that the network service provider has the right and ability to control the unauthorised use of the performance;
(b)
if the network service provider —
(i)
acquires actual knowledge that there has been an unauthorised use of the performance in, or in the course of, making available the electronic recording of the performance on the originating network;
(ii)
acquires knowledge of such facts or circumstances which would lead inevitably to the conclusion that there has been an unauthorised use of the performance in, or in the course of, making available the electronic recording of the performance on the originating network; or
(iii)
is furnished in the prescribed manner with a notice in, or substantially in accordance with, the prescribed form relating to the electronic recording of the performance on the originating network —
(A)
purportedly made by the performer of the performance or under the performer’s authority; and
(B)
stating the prescribed matters,
the network service provider expeditiously takes reasonable steps to disable access to the electronic recording of the performance on the originating network, and to remove or disable access to any electronic recording of the performance (being a copy made from the electronic recording of the performance on the originating network and of which the network service provider has actual knowledge) on the primary network; and
(c)
the network service provider has designated a representative to receive any notice referred to in paragraph (b)(iii) and published the prescribed information on the designated representative in the prescribed manner.
[52/2004; 22/2005]
(5)  For the purposes of subsection (4), a notice purportedly made by the performer of the performance or under the performer’s authority which is not a notice referred to in subsection (4)(b)(iii), or a notice under section 252CDB(1)(b), shall not be considered in determining whether the network service provider has acquired any knowledge referred to in subsection (4)(b)(i) or (ii).
[22/2005]
(6)  For the purposes of subsections (2)(a) and (4)(a), in determining whether a financial benefit is directly attributable to the unauthorised use of the performance, the court shall have regard to —
(a)
industry practice in relation to the charging of services by network service providers;
(b)
whether the financial benefit was greater than the benefit that would usually result from charging in accordance with accepted industry practices; and
(c)
all other matters that the court considers relevant.
[22/2005]
Exemption of network service provider from liability for removal of copy, etc., from network
252CA.
—(1)  Notwithstanding anything to the contrary in any law (written or otherwise), a network service provider shall not be subject to any liability under any rule of law in respect of any action taken in good faith in relation to —
(a)
the removal of an electronic recording of any performance from his primary network; or
(b)
the disabling of access to an electronic recording of any performance on his primary network or another network,
if —
(i)
such removal or disabling was done in reliance on any notice referred to in section 252B(2)(b) or 252C(2)(b)(iii) or (4)(b)(iii) or any knowledge referred to in section 252C(2)(b)(i) or (ii) or (4)(b)(i) or (ii); and
(ii)
in the case of any removal or disabling done in reliance on any notice referred to in section 252C(2)(b)(iii) or (4)(b)(iii) or any knowledge referred to in section 252C(2)(b)(i) or (ii) or (4)(b)(i) or (ii), the conditions referred to in subsection (2) are satisfied.
[52/2004]
(2)  The conditions referred to in subsection (1)(ii) are that —
(a)
after such removal or disabling, the network service provider expeditiously takes reasonable steps —
(i)
to notify the person who made available the electronic recording of the performance on the network of this; and
(ii)
in the case of any removal or disabling done in reliance on any notice referred to in section 252C(2)(b)(iii) or (4)(b)(iii), to provide that person with a copy of that notice; and
(b)
where the network service provider is furnished in the prescribed manner, within the prescribed time, with a notice in, or substantially in accordance with, the prescribed form purportedly made by the person who made available the electronic recording of the performance on the network, or under that person’s authority, stating the prescribed matters (referred to in this section as the counter notice) —
(i)
in the case of any removal or disabling done in reliance on any notice referred to in section 252C(2)(b)(iii) or (4)(b)(iii) —
(A)
subject to any other written law relating to privacy or data protection, the network service provider expeditiously provides the person who furnished the notice referred to in section 252C(2)(b)(iii) or (4)(b)(iii) with a copy of the counter notice;
(B)
the network service provider expeditiously notifies the person who furnished the notice referred to in section 252C(2)(b)(iii) or (4)(b)(iii) that the network service provider will take reasonable steps to restore the electronic recording of the performance to the network or to restore access to that electronic recording, as the case may be, if it is technically and practically feasible to do so, unless, within 10 working days after the date of such notification —
(BA)
court proceedings are commenced by the performer of the performance, or under the performer’s authority, to prevent that electronic recording or the access to that electronic recording, as the case may be, from being restored; and
(BB)
the network service provider is informed in writing of the court proceedings; and
(C)
the network service provider takes reasonable steps to restore the electronic recording of the performance to the network or to restore access to that electronic recording, as the case may be, if it is technically and practically feasible to do so, not less than 10, nor more than 14, working days after the date of the notification referred to in sub-paragraph (B), unless, within 10 working days after that date —
(CA)
court proceedings are commenced by the performer of the performance, or under the performer’s authority, to prevent that electronic recording or the access to that electronic recording, as the case may be, from being restored; and
(CB)
the network service provider is informed in writing of the court proceedings; or
(ii)
in the case of any removal or disabling done in reliance on any knowledge referred to in section 252C(2)(b)(i) or (ii) or (4)(b)(i) or (ii), the network service provider takes reasonable steps to restore the electronic recording of the performance to the network or to restore access to that electronic recording, as the case may be, if it is technically and practically feasible to do so, not less than 10, nor more than 14, working days after the date the network service provider is furnished with the counter notice, unless, within 10 working days after that date —
(A)
court proceedings are commenced by the performer of the performance, or under the performer’s authority, to prevent that electronic recording or the access to that electronic recording, as the case may be, from being restored; and
(B)
the network service provider is informed in writing of the court proceedings.
[22/2005]
(3)  Subsection (1) shall apply whether or not it is ultimately determined that any relevant act that was carried out constitutes an unauthorised use of the performance under this Act.
[52/2004]
(4)  Notwithstanding anything to the contrary in any law (written or otherwise), a network service provider shall not be subject to any liability under any rule of law in respect of any action taken in good faith in relation to —
(a)
the restoration of an electronic recording of any performance to his primary network; or
(b)
the restoration of access to an electronic recording of any performance on any network,
if such restoration was done in reliance on any counter notice referred to in subsection (2)(b).
[52/2004; 22/2005]
(5)  A network service provider shall not be treated as having authorised the doing of any act which is an unauthorised use of a performance under this Act solely by reason of the occurrence of only one of the following matters:
(a)
the network service provider has provided a facility which was used by another person to do that act;
(b)
the network service provider has received any notice referred to in section 252C(2)(b) or 252C(2)(b)(iii) or (4)(b)(iii) or 252CDB(1)(b) in respect of that act;
(c)
the network service provider has acquired any knowledge referred to in section 252C(2)(b)(i) or (ii) or (4)(b)(i) or (ii) in respect of that act.
[22/2005]
Relief which court may grant
252CB.
—(1)  The types of relief that the court may grant against a network service provider, if the court is satisfied that section 252A(1) applies to the network service provider, shall be limited to either or both of the following:
(a)
an order requiring the network service provider to take reasonable steps to disable access to an online location that is physically situated outside Singapore;
(b)
an order requiring the network service provider to terminate a specified account.
[52/2004]
(2)  The types of relief that the court may grant against a network service provider, if the court is satisfied that section 252B(1) or 252C(1) applies to the network service provider, shall be limited to one or more of the following:
(a)
an order requiring the network service provider —
(i)
to remove an unauthorised electronic recording of the performance from the network service provider’s primary network; or
(ii)
to disable access to an unauthorised electronic recording of the performance on the primary network or another network;
(b)
an order requiring the network service provider to terminate a specified account;
(c)
such other order or orders as may be necessary, if that order is, or those orders are, the least burdensome to the network service provider among comparatively effective non-monetary orders.
[52/2004]
(3)  When making an order under subsection (1) or (2) or section 252CDA(1), the court shall have regard to —
(a)
the harm that has been or may foreseeably be caused to the plaintiff;
(b)
the burden that the making of the order will place on the network service provider;
(c)
the technical feasibility of complying with the order;
(d)
the effectiveness of the order;
(e)
any possible adverse effect on the business or operations of the network service provider;
(f)
whether some other comparatively effective order would be less burdensome; and
(g)
all other matters which it considers relevant.
[52/2004]
Evidence of compliance with conditions
252CC.  If, in an action relating to this Part, a network service provider adduces evidence, as prescribed, that suggests that he has complied with a condition —
(a)
referred to in section 252A(2), 252B(2) or 252C(2) or (4); or
(b)
prescribed in any regulations made under section 252CE,
the court shall presume, in the absence of evidence to the contrary, that the network service provider has complied with that condition.
[52/2004]
Maker of false notice guilty of offence and liable in damages
252CD.
—(1)  A person who, in making a notice under section 252B(2)(b), 252C(2)(b)(iii) or (4)(b)(iii) or 252CA(2)(b), makes any statement which is false, which he knows is false or does not believe to be true, and which touches any point material to the object of the notice —
(a)
shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 2 years; and
(b)
shall also be liable in damages to any person who suffers any loss or damage as a result of the making of that notice for any such loss or damage that is reasonably foreseeable as likely to result from the making of that notice.
[52/2004]
(2)  Subsection (1) shall apply whether or not the statement is made in Singapore, and if a person makes the statement outside Singapore, he may be dealt with under subsection (1)(a) as if the offence were committed in Singapore.
[52/2004]
Order to disable access to flagrantly infringing online location
252CDA.
—(1)  Where the High Court is satisfied, on an application made during the protection period of a performance by the performer of the performance against a network service provider, that —
(a)
the services of the network service provider have been or are being used to access an online location, which is the subject of the application, to make or facilitate any unauthorised use of that performance; and
(b)
the online location is a flagrantly infringing online location,
the High Court may, after having regard to the factors referred to in section 252CB(3), make an order requiring the network service provider to take reasonable steps to disable access to the flagrantly infringing online location.
(2)  For the purpose of determining under subsection (1)(b) whether an online location has been or is being used to make or facilitate an unauthorised use of any performance, the High Court shall have regard to, and give such weight as the High Court considers appropriate to, all of the following matters:
(a)
whether the primary purpose of the online location is to make or facilitate unauthorised use of performances;
(b)
whether the online location makes available or contains directories, indexes or categories of the means to make or facilitate unauthorised use of performances;
(c)
whether the owner or operator of the online location demonstrates a disregard for the authorised use of performances generally;
(d)
whether access to the online location has been disabled by orders from any court of another country or territory on the ground of or related to the unauthorised use of performances;
(e)
whether the online location contains guides or instructions to circumvent measures, or any order of any court, that disables access to the online location on the ground of or related to the unauthorised use of performances;
(f)
the volume of traffic at or frequency of access to the online location.
(3)  For the avoidance of doubt, the High Court shall not be confined to consideration of matters specified in subsection (2) and may take into account such other matters and evidence as may be relevant.
Application for order under section 252CDA
252CDB.
—(1)  Subject to subsection (3), the performer of a performance, the protection period of which has not expired, must before applying for an order under section 252CDA(1) —
(a)
send a notice to the owner of the online location that is intended to be the subject of the order (referred to in this section as the relevant online location owner) stating that the online location has been or is being used to make or facilitate an unauthorised use of the performance and the intention of the performer, to apply for that order if the relevant online location owner does not, within a prescribed period, cease the use of the online location to make or facilitate an unauthorised use of the performance; and
(b)
send, upon or after the end of the prescribed period referred to in paragraph (a) or after reasonable efforts are made to send the notice referred to in paragraph (a) to the relevant online location owner, a notice to the network service provider that is to be the defendant in an action under that section stating the intention of the performer to apply for that order.
(2)  Every application for an order under section 252CDA(1) must be served on the network service provider who is the defendant in the action under that section, and notice of the making of the application must be given to the relevant online location owner.
(3)  At the hearing of an application for an order under section 252CDA(1), the High Court may dispense with the notice required to be sent under subsection (1)(a) and the notice under subsection (2) if the High Court is satisfied that the plaintiff, despite reasonable efforts to do so, is unable to determine the identity or address of the relevant online location owner or to send the notices to the relevant online location owner.
(4)  The relevant online location owner shall —
(a)
have the right to be heard on an application for an order under section 252CDA(1); and
(b)
have the same right of appeal as a party to the application.
Variation or revocation of order
252CDC.
—(1)  The High Court may, on the application of a party to an order made under section 252CDA(1), vary the order as the High Court thinks just if the High Court is satisfied that there has been a material change in the circumstances or that it is otherwise appropriate in the circumstances to do so.
(2)  The High Court may, on the application of a party to an order made under section 252CDA(1), revoke the order if the High Court is satisfied —
(a)
upon further evidence, that the order ought not to have been made;
(b)
that the online location has ceased to be a flagrantly infringing online location; or
(c)
that it is otherwise appropriate in the circumstances to do so.
(3)  In this section, a reference to a party to an order made under section 252CDA(1) includes a reference to the owner of the online location that is the subject of the order.
Regulations
252CE.
—(1)  The Minister may make regulations prescribing anything required or authorised to be prescribed under sections 252A to 252CDC.
[52/2004]
(2)  Without prejudice to the generality of subsection (1), the regulations may —
(a)
prescribe the procedure or requirements for the notices to be furnished under sections 252B(2)(b), 252B(2)(b)(iii) and (4)(b)(iii), 252CA(2)(b) and 252CDB(1)(a) and (b) and (2), including the forms of and information to be contained in such notices, the manner of sending such notices, and the manner of verification of statements in such notices;
(b)
prescribe other conditions which a network service provider must comply with in order to benefit from the provisions in section 252A to 252CD; and
[52/2004]
(c)
prescribe the reasonable efforts required to be made by a performer of a performance for the purposes of section 252CDB(3).
Effect of application of sections 252A to 252CD
252CF.
—(1)  Sections 252A to 252CD do not limit the operation of the other provisions of this Part in relation to determining whether there has been an unauthorised use of a performance.
[52/2004; 22/2005]
(2)  Nothing in sections 252A to 252CD shall be construed as making the applicability of sections 252A, 252B, 252C and 252CB conditional on —
(a)
a network service provider monitoring its service or affirmatively seeking facts indicating any unauthorised use of any performance, except to the extent consistent with any standard technical measure; or
(b)
a network service provider gaining access to, removing or disabling access to any electronic recording of any performance in any case in which such conduct is prohibited by law.
[22/2005]
(3)  In subsection (2), “standard technical measure” means any technical measure accepted in Singapore that —
(a)
is used to identify or protect recordings or performances;
(b)
has been developed through an open, voluntary process by a broad consensus of performers and network service providers;
(c)
is available to any person on reasonable and non-discriminatory terms; and
(d)
does not impose substantial costs on network service providers or substantial burdens on their primary networks.
[22/2005]
User caching
252D.  Notwithstanding section 252, the making of a transient and incidental electronic copy of a recording of a performance, being an electronic recording made available on a network, does not constitute an unauthorised use of the performance if the making of the copy is required for the viewing, listening or utilisation of the performance by the user of this or another network.
[38/99; 22/2005]
Action for unauthorised use
253.
—(1)  A performer may bring an action for an unauthorised use of his performance.
[6/98]
(1A)  An action shall not be brought for an unauthorised use of a performance after the expiration of 6 years from the time when the unauthorised use took place.
[52/2004]
(2)  Subject to the provisions of this Act, in an action for unauthorised use of a performance, the types of relief that the court may grant include the following:
(a)
an injunction (subject to such terms, if any, as the court thinks fit);
(b)
damages;
(c)
an account of profits;
(d)
where the plaintiff has elected for an award of statutory damages in lieu of damages or an account of profits, statutory damages of —
(i)
not more than $10,000 for each performance in respect of which there has been an unauthorised use; but
(ii)
not more than $200,000 in the aggregate, unless the plaintiff proves that his actual loss from such infringement exceeds $200,000.
[52/2004]
(2A)  When the court awards any damages under subsection (2)(b), the court may also make an order under subsection (2)(c) for an account of any profits attributable to the unauthorised use that have not been taken into account in computing the damages.
[52/2004]
(2B)  Except as provided for in subsection (2A), the types of relief referred to in subsection (2)(b), (c) and (d) are mutually exclusive.
[52/2004]
(3)  Where, in an action for an unauthorised use of a performance —
(a)
the unauthorised use is established; and
(b)
the court is satisfied that it is proper to do so, having regard to —
(i)
the flagrancy of the use;
(ii)
any benefit shown to have accrued to the defendant by reason of the use; and
(iii)
all other relevant matters,
the court may, in assessing damages under subsection (2)(b), award such additional damages as it considers appropriate in the circumstances.
[6/98; 52/2004]
(3A)  In awarding statutory damages under subsection (2)(d), the court shall have regard to —
(a)
the nature and purpose of the unauthorised use, including whether the unauthorised use was of a commercial nature or otherwise;
(b)
the flagrancy of the unauthorised use;
(c)
whether the defendant acted in bad faith;
(d)
any loss that the plaintiff has suffered or is likely to suffer by reason of the unauthorised use;
(e)
any benefit shown to have accrued to the defendant by reason of the unauthorised use;
(f)
the conduct of the parties before and during the proceedings;
(g)
the need to deter other similar instances of unauthorised use; and
(h)
all other relevant matters.
[52/2004]
(4)  The court may, in addition to any relief granted under subsections (2) and (3), order any unauthorised recording of the performance, or any article which has been used for making unauthorised recordings of the performance, in the possession of the defendant or before the court to be delivered up to the performer.
[6/98; 38/99; 52/2004]
(5)  No order shall be made under subsection (4) unless the court also makes, or it appears to the court that there are grounds for making, an order under section 254.
[6/98]
(6)  A performer to whom an unauthorised recording or other object is delivered up pursuant to an order made under subsection (4) shall, if an order under section 254 is not made, retain the recording or object pending the making of an order, or the decision not to make an order, under that section.
[6/98]
[Aust. 1968, s. 248J]
Presumptions in relation to performance
253A.
—(1)  Where the name of a person appears on copies of a recording of a performance, as made available to the public, in such a way as to imply that the person is the performer of the performance, and that name is his true name or a name by which he is commonly known, the person shall, in an action brought by virtue of this Part, be presumed, unless the contrary is established, to be the performer of the performance embodied in the recording.
[52/2004]
(2)  Where the name of a group of performers appears on copies of a recording of a performance, as made available to the public, in such a way as to imply that the group performed in the performance embodied in the recording, and that name is the true name of the group or a name by which the group is commonly known, the group shall, in an action brought by virtue of this Part, be presumed, unless the contrary is established, to have performed in the performance embodied in the recording.
[52/2004]
Order for disposal of unauthorised recordings or other object
254.
—(1)  An application may be made to the court for an order that an unauthorised recording or other object delivered up pursuant to an order made under section 253 shall be —
(a)
forfeited to the performer; or
(b)
destroyed or otherwise dealt with as the court thinks fit.
[6/98]
(2)  In considering what order, if any, should be made under this section, the court shall have regard to —
(a)
whether other remedies available in an action for an unauthorised use of a performance would be adequate to compensate the performer and to protect the interests of that performer; and
(b)
the need to ensure that no unauthorised recording is disposed of in a manner that would adversely affect a performer.
[6/98]
(3)  The court shall issue directions as to the service of notice on persons having an interest in the recording or other object.
[6/98]
(4)  Any person having an interest in the recording or other object is entitled —
(a)
to appear in proceedings for an order under this section, whether or not he is served with notice; and
(b)
to appeal against any order made, whether or not he appears in the proceedings.
(5)  An order made under this section shall not take effect until the end of the period within which notice of an appeal may be given or, if before the end of that period notice of appeal is duly given, until the final determination or abandonment of the proceedings on the appeal.
[6/98]
(6)  Where there is more than one person interested in a recording or other object, the court may direct that the recording or object be sold, or otherwise dealt with, and the proceeds divided, and shall make any other order as it thinks just.
[6/98]
(7)  If the court decides that no order should be made under this section, the person in whose possession the recording or other object was before being delivered up is entitled to its return and the court may order the defendant to pay to the performer such damages as the court thinks just or equitable.
[6/98]
Offences
254A.
—(1)  A person who, at any time on or after 15th December 1999 and during the protection period of a performance —
(a)
makes for sale or hire;
(b)
sells or lets for hire, or by way of trade offers or exposes for sale or hire; or
(c)
by way of trade exhibits in public,
any recording which he knows, or ought reasonably to know, to be an unauthorised recording of the performance shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 for the recording or for each recording in respect of which the offence was committed or $100,000, whichever is the lower, or to imprisonment for a term not exceeding 5 years or to both.
[38/99]
(2)  A person who, at any time during the protection period of a performance, has in his possession, or imports into Singapore, any recording of a performance which he knows, or ought reasonably to know, to be an unauthorised recording of the performance, for the purpose of —
(a)
selling, letting for hire, or by way of trade offering or exposing for sale or hire, the recording;
(b)
distributing the recording for the purposes of trade; or
(c)
by way of trade exhibiting the recording in public,
shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 for the recording or for each recording in respect of which the offence was committed or $100,000, whichever is the lower, or to imprisonment for a term not exceeding 5 years or to both.
[38/99]
(3)  Any person who, at any time during the protection period of a performance, distributes for the purposes of trade recordings which he knows, or ought reasonably to know, to be unauthorised recordings of the performance, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 3 years or to both.
[38/99]
(3A)  Where, at any time during the protection period of a performance —
(a)
a person does any act that constitutes an unauthorised use of the performance other than an act referred to in subsection (1), (2), (3), (5) or (6);
(b)
the unauthorised use of the performance by the person is wilful; and
(c)
either or both of the following apply:
(i)
the extent of the unauthorised use is significant;
(ii)
the person does the act to obtain a commercial advantage,
the person shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 6 months or to both and, in the case of a second or subsequent offence, to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 3 years or to both.
[52/2004]
(4)  A person who, at any time during the protection period of a performance, makes or has in his possession an article specifically designed or adapted for making recordings of the performance that the person knows, or ought reasonably to know, is to be used to make unauthorised recordings of the performance, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $20,000 for each such article in respect of which the offence is committed or to imprisonment for a term not exceeding 2 years or to both.
[38/99]
(5)  A person who, at any time during the protection period of a performance, for his private profit and without the authority of the performer causes the performance to be seen or heard, or seen and heard, live in public, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 2 years or to both.
[38/99]
(6)  A person who, at any time during the protection period of a performance, for his private profit and without the authority of the performer, causes a recording of the performance, being a recording which he knows or ought reasonably to know is an unauthorised recording, to be heard in public shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 2 years or to both.
[38/99]
(6A)  For the purposes of subsection (3A)(c)(i), in determining whether the extent of the unauthorised use of a performance is significant, the court shall have regard to —
(a)
the volume of any articles that are unauthorised recordings of the performance;
(b)
the value of any articles that are unauthorised recordings of the performance;
(c)
whether the unauthorised use has a substantial prejudicial impact on the performer of the performance; and
(d)
all other relevant matters.
[52/2004]
(6B)  For the purposes of subsection (3A)(c)(ii), a person does an act for the purpose of obtaining a commercial advantage if the act is done to obtain a direct advantage, benefit or financial gain for a business or trade carried on by him.
[52/2004]
(7)  For the purposes of this section (other than subsection (3A)), any person who has in his possession 5 or more unauthorised recordings of a performance shall, unless the contrary is proved, be presumed —
(a)
to be in possession of such recordings otherwise than for private and domestic use; or
(b)
to be in possession of such recordings for the purpose of sale.
[38/99; 52/2004]
(8)  The court before which a person is charged with an offence under this section may, whether he is convicted of the offence or not, order that any article that appears to the court to be an unauthorised recording of a performance or any article which has been used for making unauthorised recordings of a performance, in the possession of the alleged offender or before the court, be destroyed or delivered up to the performer concerned or otherwise dealt with in such manner as the court thinks fit.
[38/99; 52/2004]
(9)  If information is given upon oath to a court that there is reasonable cause for suspecting that there is in any premises any article or document which is evidence that an offence under subsection (1), (2), (3), (3A), (4), (5) or (6) has been committed, the court may issue, either unconditionally or subject to such conditions as the court thinks fit, a warrant authorising a police officer to enter and search the premises for the articles and documents which are specified in the warrant, whether specifically or in any general category, and to seize any such articles and documents found at the premises.
[52/2004]
(10)  If an article was seized under subsection (9) and —
(a)
in proceedings brought under this section in connection with the offence, no order is made under subsection (8) as to the article; or
(b)
no such proceedings are instituted within 6 months of the seizure,
the article shall be returned to the person in whose possession it was when it was seized or, if it is not reasonably practicable to return it to that person, shall be disposed of in accordance with the law regulating the disposal of lost or unclaimed property in the hands of police authorities.
[38/99]
(11)  If a document was seized under subsection (9) and no proceedings under this section are instituted within 6 months of the seizure, the document and all copies of the document shall be returned to the person in whose possession the document was when it was seized or, if it is not reasonably practicable to return the document and copies to that person, shall be disposed of in accordance with the law regulating the disposal of lost or unclaimed property in the hands of police authorities.
[38/99]
(12)  For the purposes of this section —
“document” means anything in which information of any description is recorded;
“premises” includes any land, building, structure and conveyance.
[38/99]
[Aust. 1968, ss. 248P and 248Q]
Application of sections 140A to 141
254B.
—(1)  Sections 140A to 141 shall apply, with the necessary modifications, to copies of an unauthorised recording of a performance as those provisions apply in relation to copies of copyright material.
[52/2004]
(2)  For the purposes of subsection (1) —
(a)
a reference in those provisions to copyright material shall be read as a reference to an unauthorised recording of a performance the protection period of which has not expired;
(b)
a reference in those provisions to the owner of the copyright or the owner of the copyright in the copyright material shall be read as a reference to the performer of a performance embodied in an unauthorised recording;
(c)
a reference in those provisions to an action for infringement of copyright shall be read as a reference to an action for unauthorised use of a performance;
(d)
a reference in those provisions to infringing copies shall be read as a reference to copies of an unauthorised recording which were made without the authorisation of the performer; and
(e)
a reference in section 140B(6) to the subsequent owner of the copyright shall be read as a reference to a person to whom the right of a performer to bring an action under section 253 has been assigned.
[52/2004]
Rights to bring an action may be assigned
255.  The right of a performer to bring an action may be assigned.
[6/98; 38/99]
Application to foreign countries
256.
—(1)  The Minister may make regulations applying any of the provisions of this Part specified in the regulations, in relation to a country so specified, in any one or more of the following ways, so as to secure that those provisions —
(a)
apply in relation to performances given in that country as they apply in relation to performances given in Singapore;
(b)
apply in relation to persons who are citizens or nationals of that country as they apply in relation to persons who are citizens of Singapore;
(c)
apply in relation to persons who are resident in that country as they apply in relation to persons who are resident in Singapore.
[6/98]
(2)  Regulations made under subsection (1) may apply the provisions of this Part —
(a)
without exception or modification or subject to such exceptions or modifications as may be specified in the regulations; and
(b)
either generally or in relation to such classes of performances, or other classes of cases, as may be specified in the regulations.
[6/98]
(3)  The Minister shall not make regulations applying any of the provisions of this Part in the case of a country, other than a country which is a party to a Convention relating to the protection of performers to which Singapore is also a party, unless the Minister is satisfied that, in respect of the performances to which those provisions relate, provision has been or will be made under the law of that country whereby adequate protection is or will be given to performers whose performances are protected under this Part.
[6/98]
[Aust. 1968, s. 248U]
Denial of protection to citizens of countries not giving adequate protection to Singapore performances
257.
—(1)  If it appears to the Minister that the law of a country does not give adequate protection to performances given in that country by a citizen of Singapore or a person resident in Singapore (whether the lack of protection relates to the nature of the performance or the nationality, citizenship or country of residence of its performer, or all of those matters), the Minister may, having regard to the nature and extent of the lack of protection involved, make regulations in relation to that country in accordance with subsection (2).
[6/98]
(2)  Regulations made for the purposes of this section may provide, either generally or in such cases as are specified in the regulations, that this Part shall not apply to performances given after a date specified in the regulations (which may be a date before 16th April 1998) if, at the time the performances were or are given, the performers were or are citizens or nationals of a country specified in the regulations, other than persons resident in Singapore.
[6/98]
[Aust. 1968, s. 248V]