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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 3 — Acts not Constituting Infringements of Copyright Works
Fair dealing in relation to works
35.
—(1)  Subject to this section, a fair dealing with a literary, dramatic, musical or artistic work, or with an adaptation of a literary, dramatic or musical work, for any purpose other than a purpose referred to in section 36 or 37 shall not constitute an infringement of the copyright in the work.
[52/2004]
(1A)  The purposes for which a dealing with a literary, dramatic, musical or artistic work, or with an adaptation of a literary, dramatic or musical work, may constitute a fair dealing under subsection (1) shall include research and study.
[52/2004]
(2)  For the purposes of this Act, the matters to which regard shall be had, in determining whether a dealing with a literary, dramatic, musical or artistic work or with an adaptation of a literary, dramatic or musical work, being a dealing by way of copying the whole or a part of the work or adaptation, constitutes a fair dealing with the work or adaptation for any purpose other than a purpose referred to in section 36 or 37 shall include —
(a)
the purpose and character of the dealing, including whether such dealing is of a commercial nature or is for non-profit educational purposes;
(b)
the nature of the work or adaptation;
(c)
the amount and substantiality of the part copied taken in relation to the whole work or adaptation;
(d)
the effect of the dealing upon the potential market for, or value of, the work or adaptation; and
(e)
the possibility of obtaining the work or adaptation within a reasonable time at an ordinary commercial price.
[52/2004]
(3)  Notwithstanding subsection (2), a dealing with a literary, dramatic or musical work, or with an adaptation of such a work, being a dealing by way of the copying, for the purposes of research or study —
(a)
if the work or adaptation comprises an article in a periodical publication, of the whole or a part of that work or adaptation; or
(b)
in any other case, of not more than a reasonable portion of the work or adaptation,
shall be taken to be a fair dealing with that work or adaptation for the purpose of research or study.
[52/2004]
(4)  Subsection (3) shall not apply to a dealing by way of the copying of the whole or a part of an article in a periodical publication if another article in that publication, being an article dealing with a different subject-matter, is also copied.
Fair dealing for purpose of criticism or review
36.  A fair dealing with a literary, dramatic, musical or artistic work, or with an adaptation of a literary, dramatic or musical work, shall not constitute an infringement of the copyright in the work if it is for the purpose of criticism or review, whether of that work or of another work, and a sufficient acknowledgment of the work is made.
[Aust. 1968, s. 41]
Fair dealing for purpose of reporting current events
37.  A fair dealing with a literary, dramatic, musical or artistic work, or with an adaptation of a literary, dramatic or musical work, shall not constitute an infringement of the copyright in the work if it is for the purpose of, or is associated with, the reporting of current events —
(a)
in a newspaper, magazine or similar periodical and a sufficient acknowledgment of the work is made; or
(b)
by means of broadcasting or a cable programme service or in a cinematograph film.
[Aust. 1968, s. 42 (1)]
Reproduction for purposes of judicial proceedings or professional advice
38.  The copyright in a literary, dramatic, musical or artistic work is not infringed by anything done —
(a)
for the purposes of a judicial proceeding or of a report of a judicial proceeding;
(b)
for the purpose of seeking professional advice from an advocate and solicitor; or
(c)
for the purpose of, or in the course of, the giving of professional advice by an advocate and solicitor.
[Aust. 1968, s. 43]
Temporary reproduction made in course of communication
38A.
—(1)  Subject to subsection (3), the copyright in a work is not infringed by the making of a temporary or transient reproduction of the work if —
(a)
the reproduction is made incidentally as part of the technical process of making or receiving a communication; and
(b)
the act of making the communication itself does not constitute an infringement.
[22/2005]
(2)  Subject to subsection (3), the copyright in an adaptation of a work is not infringed by the making of a temporary or transient reproduction of the adaptation if —
(a)
the reproduction is made incidentally as part of the technical process of making or receiving a communication; and
(b)
the act of making the communication itself does not constitute an infringement.
[22/2005]
(3)  Subsections (1) and (2) shall not apply to the making of a temporary or transient reproduction of a work, or an adaptation of a work, if the reproduction of the work or adaptation that is communicated —
(a)
is an infringing copy of the work or adaptation; or
(b)
is a reproduction that, if it had been made in Singapore, would have been an infringing copy of the work or adaptation.
[22/2005]
(4)  Nothing in subsections (1) and (2) shall be construed as authorising any subsequent use of the temporary or transient reproduction of the work or adaptation.
[22/2005]
[Aust. 1968, s. 43A]
Back-up copy of computer program, etc.
39.
—(1)  Subject to subsection (2), the copyright in a literary work being a computer program is not infringed by the making of a reproduction of the work, or of a computer program being an adaptation of the work, if —
(a)
the reproduction is made by, or on behalf of, the owner of the copy (referred to in this section as the original copy) from which the reproduction is made; and
(b)
the reproduction is made for the purpose only of being used, by or on behalf of the owner of the original copy, in lieu of the original copy in the event that the original copy is lost, destroyed or rendered unusable.
(2)  Subsection (1) shall not apply to the making of a reproduction of a computer program, or of an adaptation of a computer program, from an infringing copy of the computer program.
[6/98]
(3)  Notwithstanding section 31, it is not an infringement for the owner of a copy of a computer program or of a compilation within the meaning of section 7A in an electronic form to make or authorise the making of another copy or adaptation of that computer program or compilation provided that such a new copy or adaptation is created as an essential step in the utilisation of the computer program or compilation in conjunction with a machine and that it is used in no other manner.
[38/99]
(4)  Where an act is permitted under this section —
(a)
it is irrelevant whether or not there exists any term or condition in an agreement which purports to prohibit or restrict the act; and
(b)
any such term or condition shall, insofar as it purports to prohibit or restrict the act, be void.
[6/98]
(5)  For the purposes of this section, a reference to a copy of a computer program or compilation or of an adaptation of a computer program or compilation is a reference to any article in which the computer program, compilation or adaptation is reproduced in a material form.
[38/99]
[Aust. 1968, s. 43A (as amended by Aust. Am. 1984, s. 4)]
Decompilation
39A.
—(1)  Subject to subsection (2), the copyright in a literary work, being a computer program expressed in a low level language, is not infringed by a lawful user of the computer program decompiling it if —
(a)
it is necessary to decompile the computer program to achieve the objective of obtaining the information necessary to create an independent computer program which can be operated with the computer program decompiled or with another computer program (referred to in this section as the permitted objective); and
(b)
the information so obtained is not used for any purpose other than the permitted objective.
[52/2004]
(2)  Subsection (1) shall not apply if the lawful user —
(a)
has readily available to him the information necessary to achieve the permitted objective;
(b)
does not confine the decompiling to such acts as are necessary to achieve the permitted objective;
(c)
supplies the information obtained by the decompiling to any person to whom it is not necessary to supply the information in order to achieve the permitted objective; or
(d)
uses the information —
(i)
to create a computer program which is substantially similar in its expression to the computer program decompiled; or
(ii)
to do any act restricted by copyright.
[52/2004]
(3)  Where an act is permitted under this section —
(a)
it shall be irrelevant whether or not there exists any term or condition in an agreement which purports to prohibit or restrict the act; and
(b)
any such term or condition shall, insofar as it purports to prohibit or restrict the act, be void.
[52/2004]
(4)  For the avoidance of doubt, this section is without prejudice to the generality of section 35 and does not limit the operation of that section.
[52/2004]
(5)  For the purposes of this section and sections 39B and 39C, a person is a lawful user of a computer program if he has a right to use the computer program, whether under a licence to do any act restricted by the copyright in the computer program or otherwise.
[52/2004]
(6)  In this section, “decompiling”, in relation to a computer program expressed in a low level language, means —
(a)
converting the computer program into a version expressed in a higher level language; or
(b)
incidentally in the course of so converting the computer program, copying the computer program,
and “decompile” shall be construed accordingly.
[52/2004]
Observing, studying and testing of computer programs
39B.
—(1)  The copyright in a literary work, being a computer program, is not infringed by a lawful user of the computer program observing, studying or testing the functioning of the computer program in order to determine the ideas and principles which underlie any element of the computer program, if he does so while performing any of the acts of loading, displaying, running, transmitting or storing the computer program which he is entitled to do.
[52/2004]
(2)  Where an act is permitted under this section —
(a)
it shall be irrelevant whether or not there exists any term or condition in an agreement which purports to prohibit or restrict the act; and
(b)
any such term or condition shall, insofar as it purports to prohibit or restrict the act, be void.
[52/2004]
(3)  For the avoidance of doubt, this section is without prejudice to the generality of section 35 and does not limit the operation of that section.
[52/2004]
Other acts permitted to lawful users
39C.
—(1)  Subject to subsection (3), the copyright in a literary work, being a computer program, is not infringed by a lawful user of the computer program copying or adapting the computer program, if such copying or adapting is necessary for his lawful use.
[52/2004]
(2)  For the avoidance of doubt, it may be necessary for the lawful use of a computer program to copy or adapt the computer program for the purpose of correcting errors in the computer program.
[52/2004]
(3)  Subsection (1) shall not apply to any copying or adapting permitted under section 39 or 39A.
[52/2004]
Inclusion of works in collections for use by educational institutions
40.
—(1)  The copyright in a published literary, dramatic, musical or artistic work is not infringed by the inclusion of a short extract from the work, or, in the case of a published literary, dramatic or musical work, from an adaptation of the work, in a collection of literary, dramatic, musical or artistic works contained in a book, sound recording or cinematograph film and intended for use by educational institutions if —
(a)
the collection is described in an appropriate place in the book, on the label of each record embodying the recording or of its container, or in the film, as being intended for use by educational institutions;
(b)
the work or adaptation was not published for the purpose of being used by educational institutions; and
(c)
a sufficient acknowledgment of the work or adaptation is made.
(2)  Subsection (1) shall not apply in relation to the copyright in a work if, in addition to the extract concerned, 2 or more other extracts from, or from adaptations of, works (being works in which copyright subsists at the time when the collection is published) by the author of the first-mentioned work are contained in that collection, or are contained in that collection taken together with every similar collection, if any, of works intended for use by educational institutions and published by the same publisher within the period of 5 years immediately preceding the publication of the first-mentioned collection.
[Aust. 1968, s. 44]
Accessories to imported articles
40A.
—(1)  The copyright in a work embodied in an accessory to an article is not infringed by a person who, without the licence of the owner of the copyright, imports the article into Singapore for a purpose mentioned in section 32(a), (b) or (c) unless the article is an infringing copy.
[14/94]
(2)  The operation of this Act in relation to a work embodied in an article shall not be affected by the operation of this section in relation to a work embodied in an accessory to the article.
[14/94]
(3)  If an article is imported into Singapore for a purpose mentioned in section 32(a), (b) or (c) and the importation is not, by reason of this section, an infringement of the copyright in a work embodied in an accessory to the article, the use of the accessory with the article for any such purpose shall not be an infringement of the copyright in the work, and section 33 shall not apply to the accessory.
[14/94]