On 24/05/2013,
you requested for the version in force on 24/05/2013
incorporating all amendments published on or before 24/05/2013.
The closest version currently available is that of 28/03/2013.
210.
—(1) Notwithstanding anything in Part III, copyright shall not subsist by virtue of that Part in a work first published before 10th April 1987 unless copyright subsisted in the work under the Copyright Act 1911 immediately before that date.
(2) Subsection (1) shall not apply in relation to a work to which Division 5 applies.
[Aust. 1968, s. 210]
211.
—(1) Section 27(1) shall apply to works made before 10th April 1987 as if each reference in that subsection to a qualified person included a reference to a British subject and to a person domiciled in a country to which the Copyright Act 1911 extended.
(2) Section 27(2) shall apply to works first published before 10th April 1987 —
(a)
as if each reference in paragraph (c) of that subsection to Singapore included a reference to a country to which the Copyright Act 1911 extended; and
(b)
as if paragraphs (d) and (e) of that subsection were omitted.
(3) Section 27(2) shall apply to works that are first published after 10th April 1987 and the author of which died before the commencement of the repealed Singapore Citizenship Ordinance 1957* (Ord. 35/57) as if the reference in paragraph (e) of that section to a qualified person included a reference to a person who would have been a citizen of Singapore if that Ordinance had been in force immediately before his death.
* The Ordinance came into operation on 1st November 1957.
(4) Section 27(3) shall not apply to or in relation to a building that was constructed before 10th April 1987.
[S 107/87]
(5) This section shall have effect subject to section 210.
[Aust. 1968, s. 211]
212. Section 28(6) shall not apply in relation to a photograph taken before 10th April 1987 but, subject to section 27(2) as affected by section 207, copyright subsisting in such a photograph by virtue of Part III shall continue to subsist until the expiration of 70 years after the expiration of the calendar year in which the photograph was taken.
[21/2004]
[Aust. 1968, s. 212]
213.
—(1) Section 30(4) and (6) shall not apply in relation to works made before 10th April 1987.
(2) Section 30(5) shall not apply in relation to a work that was or is made in pursuance of an agreement made before 10th April 1987.
(3) Where a work is excluded from the application of section 30(4), (5) or (6) by reason of either of subsection (1) or (2), section 30(2) shall have effect in relation to the work subject to subsections (4) to (8).
(4) The operation of any of subsections (5) to (8) in relation to a particular work may be excluded or modified by agreement.
(5) Where, in the case of a work being a photograph, portrait or engraving —
(a)
a person made, for valuable consideration, an agreement with another person for the taking of the photograph, the painting or drawing of the portrait or the making of the engraving by the other person; and
(b)
the work was made in pursuance of the agreement,
the first-mentioned person is the owner of any copyright subsisting in the work by virtue of Part III.
(6) Where the work was made by the author in pursuance of the terms of his employment by another person under a contract of service or apprenticeship, that other person is the owner of any copyright subsisting in the work by virtue of Part III.
(7) Where the work is a literary, dramatic or artistic work that was made by the author in pursuance of the terms of his employment by the proprietor of a newspaper, magazine or similar periodical under a contract of service or apprenticeship and was so made for the purpose of publication in a newspaper, magazine or similar periodical, the author is entitled to restrain the publication of the work otherwise than in a newspaper, magazine or similar periodical.
(8) In subsections (5), (6) and (7), expressions that are defined by section 205 shall have the meanings respectively given to those expressions by that section and shall not have the meanings, if any, respectively given to those expressions by Part II.
[Aust. 1968, s. 213]
214.
—(1) Where a record of a work has, before 10th April 1987, been made by, or with the consent or acquiescence of, the owner of the copyright in the work under the Copyright Act 1911, Division 8 of Part III shall have the like effect as if the record had been made in Singapore for the purpose of retail sale and had been so made by, or with the licence of, the person who is entitled, by virtue of this Act, to authorise the making in Singapore of records of the work.
[S 107/87]
(2) Section 19(2) to (7) of the Copyright Act 1911 as in force immediately before 10th April 1987 shall continue to apply in relation to records made before that date and, subject to that section, any regulations made for the purposes of that section and in force immediately before that date shall continue to apply in relation to those records.
[Aust. 1968, s. 215]
215. Section 66 shall not apply in relation to a painting, drawing, engraving, photography or cinematograph film made before 10th April 1987, but the copyright in an artistic work is not infringed by the publication of a painting, drawing, engraving, photograph or cinematograph film made before that date if, by virtue of section 63 or 64, the making of the painting, drawing, engraving, photograph or film would not have constituted an infringement of the copyright under this Act if this Act had been in operation at the time when it was made.
[Aust. 1968, s. 216]
216. The reference in section 72(2) to construction of a building by, or with the licence of, the owner of the copyright in architectural drawings or plans shall be read as including a reference to construction by, or with the licence of, the person who, at the time of the construction, was the owner of the copyright in the drawings or plans.
[Aust. 1968, s. 217]
217.
—(1) Division 10 of Part III and the Schedule shall not apply to artistic works made before 10th April 1987.
[S 107/87]
(2) Copyright shall not subsist by virtue of this Act in an artistic work made before 10th April 1987 which, at the time when the work was made, constituted a design capable of being registered under the Patents and Designs Act 1907 of the United Kingdom (U.K. 1907, c. 29), and was used, or intended to be used, as a model or pattern to be multiplied by an industrial process.
[Aust. 1968, s. 218]
218.
—(1) The copyright in a literary, dramatic, musical or artistic work that has been published before 10th April 1987 is not infringed by the reproduction of the work for sale if —
(a)
the reproduction takes place at a time after the expiration of 25 years, or, in the case of a work in which copyright subsisted at the commencement of the Copyright Act 1911, after the expiration of 30 years, after the date of the death of the author; and
(b)
the person reproducing the work establishes —
(i)
that, before 10th April 1987, he gave the notice in writing of his intention to reproduce the work that was prescribed for the purposes of the proviso to section 3 of the Copyright Act 1911; and
(ii)
that he has paid, in the manner that was prescribed for the purposes of that proviso, or is prescribed for the purposes of this section, as the case may be, to, or for the benefit of, the owner of the copyright royalties in respect of all copies of the work sold by him calculated at the rate of 10% of the price at which he published the reproduction.
(2) The regulations may make provision for or in relation to the manner in which, and the times at which, payment of royalties is to be made for the purposes of subsection (1)(b)(ii) and may include provision requiring payment in advance, or otherwise securing the payment of the royalties.
(3) A reference in subsection (1)(a) to a time after the expiration of a specified number of years from the date of the death of the author of a work shall, in the case of a work of joint authorship, be read as a reference to a time after —
(a)
the expiration of the same number of years from the date of the death of the author who died first; or
(b)
the date of the death of the author who died last,
whichever is the later.
(4) Where a literary, dramatic or musical work, or an engraving, in which copyright subsisted at the date of the death of the author or, in the case of a work of joint authorship, at or immediately before the date of the death of the author who died last —
(a)
had not been published;
(b)
in the case of a dramatic or musical work — had not been performed in public; and
(c)
in the case of a lecture — had not been delivered in public,
before that date, subsection (1) shall apply as if the author had died on the date on which —
(d)
in the case of a literary work (other than a lecture) or an engraving — the work was first published;
(e)
in the case of a dramatic or musical work — the work was first published or first performed in public, whichever first happened; or
(f)
in the case of a lecture — the lecture was first published or first delivered in public, whichever first happened.
(5) In this section, expressions that are defined by section 205 shall have the meanings respectively given to those expressions by that section and do not have the meanings, if any, respectively given to those expressions by Part II.
[Aust. 1968, s. 219]