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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 26/04/2017, you requested the version in force on 26/04/2017 incorporating all amendments published on or before 26/04/2017. The closest version currently available is that of 31/03/2015.
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Division 5 — Offences
Offences
136.
—(1)  A person who at a time when copyright subsists in a work —
(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 article which he knows, or ought reasonably to know, to be an infringing copy of the work shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 for the article or for each article 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.
[6/98]
(2)  A person who at a time when copyright subsists in a work has in his possession or imports into Singapore any article which he knows, or ought reasonably to know, to be an infringing copy of the work 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 for the purpose of trade, or for any other purpose to an extent that will affect prejudicially the owner of the copyright in the work; or
(c)
by way of trade exhibiting the article in public,
shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 for the article or for each article 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.
[6/98]
(3)  Any person who, at a time when copyright subsists in a work, distributes, either —
(a)
for purposes of trade; or
(b)
for other purposes, but to such an extent as to affect prejudicially the owner of the copyright,
articles which he knows, or ought reasonably to know, to be infringing copies of the work, 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.
(3A)  Where, at any time when copyright subsists in a work —
(a)
a person does any act that constitutes an infringement of the copyright in a work other than an act referred to in subsection (1), (2), (3) or (6);
(b)
the infringement of the copyright in the work by the person is wilful; and
(c)
either or both of the following apply:
(i)
the extent of the infringement 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 a time when copyright subsists in a work, makes or has in his possession an article specifically designed or adapted for making copies of the work that the person knows, or ought reasonably to know, is to be used for making infringing copies of the work, 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.
[6/98]
(5)  Subsections (1) to (4) shall apply in relation to copyright subsisting in any subject-matter by virtue of Part IV in like manner as they apply in relation to copyright subsisting in a work by virtue of Part III.
(6)  Any person who for his private profit causes a literary, dramatic or musical work to be performed in public, or causes a cinematograph film to be seen or heard or seen and heard in public, other than by the reception of a television broadcast or cable programme, where he knows, or ought reasonably to know, that copyright subsists in the work or cinematograph film and that the performance constitutes an infringement of the copyright, 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.
(6A)  For the purposes of subsection (3A)(c)(i), in determining whether the extent of the infringement is significant, the court shall have regard to —
(a)
the volume of any articles that are infringing copies;
(b)
the value of any articles that are infringing copies;
(c)
whether the infringement has a substantial prejudicial impact on the owner of the copyright; 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 infringing copies of any work or other subject-matter shall, unless the contrary is proved, be presumed —
(a)
to be in possession of such copies otherwise than for private and domestic use; or
(b)
to be in possession of such copies for the purpose of sale.
[52/2004]
(8)  The court before which a person is charged with an offence by reason of a contravention of any of the provisions of this section may, whether he is convicted of the offence or not, order that any article that appears to the court to be an infringing copy or any article which has been used for making infringing copies in the possession of the alleged offender or before the court, be destroyed or delivered up to the owner of the copyright concerned or otherwise dealt with in such manner as the court thinks fit.
[6/98; 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) or (4) 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, 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.
[6/98]
(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.
[6/98]
(12)  In this section —
“document” means anything in which information of any description is recorded;
“premises” includes any land, building, structure and conveyance.
[6/98]
[Aust. 1968, s. 132]
Affidavit evidence
137.
—(1)  An affidavit made before a notary public by or on behalf of the owner of the copyright in any work or other subject-matter and stating —
(a)
that at the time specified therein, copyright subsisted in the work or other subject-matter;
(b)
that he or the person named therein is the owner of the copyright; and
(c)
that the copy of the work or other subject-matter annexed thereto is a true copy thereof,
shall be admitted in evidence in any proceedings for an offence under this Part and shall be prima facie proof of the matters stated therein until the contrary is proved.
(2)  The court before which such affidavit is produced shall presume that the affidavit was made by or on behalf of the owner of the copyright.
(3)  If an accused to any proceedings for an offence under this Part desires in good faith that the person who made an affidavit referred to in subsection (1) be cross-examined with respect to the matters in the affidavit, the affidavit may not be used in the proceedings unless the person appears as a witness for such cross-examination or the court before which the proceedings are being conducted, in its discretion, permits the affidavit to be used without the person so appearing.
[Aust. 1968, s. 134A]
Powers of police officer
138.
—(1)  Any police officer may arrest without warrant any person who, in any street or public place —
(a)
sells or exposes or offers for sale; or
(b)
has, or is reasonably suspected of having, in his possession for the purpose of selling or letting for hire,
any infringing copy of any work or other subject-matter.
(2)  Any authorised officer may, without a warrant issued under section 136(9) —
(a)
stop, search and board, whether forcibly or otherwise, any conveyance in which he reasonably suspects that there is any infringing copy of any work or other subject-matter; and
(b)
seize, remove or detain any such infringing copy and anything which appears to him —
(i)
to be or to contain; or
(ii)
to be likely to be or to contain,
evidence of an offence under this Act.
[52/2004]
(3)  In this section, “authorised officer” means —
(a)
a police officer;
(b)
an officer of customs as defined in the Customs Act (Cap. 70);
(c)
an immigration officer as defined in the Immigration Act (Cap. 133); or
(d)
any officer or class or description of officers appointed by the Minister, by notification in the Gazette, to exercise the powers and perform the duties conferred and imposed on an authorised officer by this section.
[52/2004]
Advertisement for supply of infringing copies of computer programs
139.
—(1)  Any person who, by any means, publishes, or causes to be published, in Singapore an advertisement for the supply in Singapore (whether from within or outside Singapore) of a copy of a computer program which is an infringing copy shall, unless he proves that he acted in good faith and had no reasonable grounds for supposing that copyright would or might thereby be infringed, 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.
(2)  For the purposes of this section, a transmission of a computer program that, when received and recorded, will result in the creation of a copy of the computer program shall be deemed to constitute the supply of a copy of the computer program at the place where the copy will be created.
[Aust. 1968, s. 133A (as amended by Aust. Am. 1984, s. 6 and Aust. Am. 1986, s. 17)]
Court for trial of offences
140.  Notwithstanding the provisions of any written law to the contrary, a District Court or Magistrate’s Court shall have jurisdiction to try any offence under this Act and award the full punishment for such offence.