Singapore Statutes Online - 63 - Copyright Act

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Contents

Copyright Act
(CHAPTER 63)

Part I PRELIMINARY

1 Short title

2 Application

3 Application to Government

4 Copyright not to subsist except by virtue of this Act

5 Savings of rights of Government, etc.

6 Operation of other laws

Part II INTERPRETATION

7 Interpretation

7A Literary works include compilation and computer program

8 Residence

9 Acts comprised in copyright

10 Acts done in relation to substantial part of work or other subject-matter deemed to be done in relation to the whole

11 References to acts done with licence of owner of copyright

12 References to partial assignment of copyright

13 Libraries established or conducted for profit

14 Names under which work is published

15 Reproduction of works

16 Provisions relating to the making of a work or other subject-matter

17 Storage in computer or on any other medium

18 Sound recordings and records

19 References to sounds and visual images embodied in an article

20 Provisions relating to broadcasting

21 Cable programmes

22 Performance

23 Performance of works or other subject-matter by students or staff of educational institution, etc.

24 Publication

25 Ownership of copyright for particular purposes

25A Commercial rental arrangement

Part III COPYRIGHT IN ORIGINAL LITERARY, DRAMATIC, MUSICAL AND ARTISTIC WORKS

Division 1 — Nature, Duration and Ownership of Copyright in Works

26 Nature of copyright in original works

27 Original works in which copyright subsists

28 Duration of copyright in original works

29 Duration of copyright in anonymous and pseudonymous work

30 Ownership of copyright in original works

Division 2 — Infringement of Copyright In Works

31 Infringement by doing acts comprised in copyright

32 Infringement by importation for sale or hire

33 Infringement by sale and other dealings

34 Infringing copies made on machines installed in libraries and archives

Division 3 — Acts not Constituting Infringements of Copyright Works

35 Fair dealing in relation to works

36 Fair dealing for purpose of criticism or review

37 Fair dealing for purpose of reporting current events

38 Reproduction for purposes of judicial proceedings or professional advice

38A Temporary reproduction made in course of communication

39 Back-up copy of computer program, etc.

39A Decompilation

39B Observing, studying and testing of computer programs

39C Other acts permitted to lawful users

40 Inclusion of works in collections for use by educational institutions

40A Accessories to imported articles

Division 4 — Acts not Constituting Infringements of Copyright in Literary, Dramatic and Musical Works

41 Reading or recitation in public or for a communication

42 Religious performances

43 Reproduction for purpose of broadcasting

43A Reproduction for purpose of simulcasting

Division 5 — Copying of Works in Libraries

44 Interpretation of this Division

45 Copying by libraries and archives for users

46 Copying by libraries or archives for other libraries or archives

47 Copying or communication of unpublished works in libraries or archives

48 Copying of works for preservation and other purposes

49 Publication of unpublished works kept in libraries

50 Application of Division to illustrations accompanying articles and other works

Division 6 — Copying of Works for Educational Purposes

50A Copying by non-reprographic means for purpose of a course of education

51 Multiple copying or communication of insubstantial portions of works

52 Multiple copying or communication under statutory licence by educational institutions

52A Things done for purposes of examination

53 Application of Division to illustrations accompanying articles and other works

Division 7 — Copying of Works in Institutions Assisting Handicapped Readers and Institutions Assisting Intellectually Handicapped Readers

54 Multiple copying under statutory licence by institutions assisting handicapped readers

54A Multiple copying under statutory licence by institutions assisting intellectually handicapped readers

Division 8 — Recording of Musical Works

55 Interpretation of this Division

56 Conditions upon which manufacturer may make records of musical work

57 Amount of royalty

58 Provisions relating to royalty where 2 or more works are on the one record

59 Revision of royalty and minimum royalty

60 Conditions upon which manufacturer may include part of a literary or dramatic work in a record of a musical work

61 Making inquiries in relation to previous records

62 Application of Division in relation to record of part of a work

Division 9 — Acts not Constituting Infringements of Copyright in Artistic Works

63 Sculptures and certain other works in public places

64 Buildings and models of buildings

65 Incidental filming or televising of artistic works

66 Publication of artistic works

67 Artistic works included in a cable programme

68 Reproduction for purpose of including work in television broadcast or cable programme

69 Reproduction of work in different dimensions

70 Special exception for artistic works which have been industrially applied

71 Reproduction of part of work in later work

72 Reconstruction of buildings

Division 10 — Designs

73 Interpretation of this Division

74 Special exception in respect of industrial design

Division 11 — Works of Joint Authorship

75 References to all of joint authors

76 References to any one or more of joint authors

77 References to whichever of joint authors died last

78 Works of joint authorship published under pseudonyms

79 Copyright to subsist in joint works without regard to any author who is an unqualified person

80 Inclusion of joint works in collections for use in educational institutions

Part IV COPYRIGHT IN SUBJECT-MATTER OTHER THAN WORKS

Division 1 — Preliminary

81 Interpretation of this Part

Division 2 — Nature of Copyright in Subject-Matter other than Works

82 Nature of copyright in sound recordings

83 Nature of copyright in cinematograph films

84 Nature of copyright in television broadcasts and sound broadcasts

85 Nature of copyright in cable programmes

86 Nature of copyright in published editions of works

Division 3 — Subject-Matter, other than Works, in which Copyright Subsists

87 Sound recordings in which copyright subsists

88 Cinematograph films in which copyright subsists

89 Television broadcasts and sound broadcasts in which copyright subsists

90 Cable programmes in which copyright subsists

91 Published editions of works in which copyright subsists

Division 4 — Duration of Copyright in Subject-Matter other than Works

92 Duration of copyright in sound recordings

93 Duration of copyright in cinematograph films

94 Duration of copyright in television broadcasts and sound broadcasts

95 Duration of copyright in cable programmes

96 Duration of copyright in published editions of works

Division 5 — Ownership of Copyright in Subject-Matter other than Works

97 Ownership of copyright in sound recordings

98 Ownership of copyright in cinematograph films

99 Ownership of copyright in television broadcasts and sound broadcasts

100 Ownership of copyright in cable programmes

101 Ownership of copyright in published editions of works

Division 6 — Infringement of Copyright in Subject-Matter other than Works

102 Interpretation of this Division

103 Infringement by doing acts comprised in copyright

104 Infringement by importation for sale or hire

105 Infringement by sale and other dealings

105A Infringing copies made on machines installed in libraries and archives

106 Acts done for purposes of judicial proceeding

107 Making of a copy of sound recording for purposes of broadcasting

107A Making of copy of sound recording or cinematograph film for purpose of simulcasting

107B Non-subscription digital audio transmissions

107C Digital audio transmissions within business establishment

107D Other non-infringing non-interactive transmissions

107E Temporary copy made in course of communication

108 Provisions relating to cinematograph films

109 Fair dealing in relation to other subject-matter

110 Fair dealing for purpose of criticism or review

111 Fair dealing for purpose of reporting news

112 Copying of unpublished sound recordings and cinematograph films in libraries or archives

113 Copying of sound recordings and cinematograph films for preservation and other purposes

114 Filming or recording broadcasts or programmes for private and domestic use

115 Use of broadcasts for educational purposes

115A Copying for course of instruction in making of film or sound-track

115B Things done for purposes of examination

116 Reproductions of editions of work

116A Accessories to imported articles

Division 7 — Miscellaneous

117 Copyrights to subsist independently

Part V REMEDIES FOR INFRINGEMENTS OF COPYRIGHT

Division 1 — Preliminary

118 Interpretation of this Part

Division 2 — Actions by Owner of Copyright

119 Actions for infringement

120 Order for delivery up of infringing copies, etc.

120A Order for disposal of infringing copies, etc.

Division 3 — Proceedings where Copyright is subject to Exclusive Licence

121 Interpretation of this Division

122 Application

123 Rights of exclusive licensee

124 Joinder of owner or exclusive licensee as party

125 Defences available against exclusive licensee

126 Assessment of damages where exclusive licence granted

127 Apportionment of profits between owner and exclusive licensee

128 Separate actions in relation to the same infringement

129 Liability for costs

Division 4 — Proof of Facts in Copyright Proceedings

130 Presumptions as to subsistence and ownership of copyright

131 Presumptions in relation to authorship of work

132 Presumptions in relation to publisher of work

133 Presumptions where author has died

134 Evidence in relation to proceedings

135 Presumptions in relation to maker of film

Division 5 — Offences

136 Offences

137 Affidavit evidence

138 Powers of police officer

139 Advertisement for supply of infringing copies of computer programs

140 Court for trial of offences

Division 6 — Border Enforcement Measures

140A Interpretation of this Division and Division 7

140B Restriction of importation of copies of works, etc.

140C Security for liability or expense of seizure

140D Secure storage of seized copies

140E Notice of seizure

140F Inspection, release, etc., of seized copies

140G Forfeiture of seized copies by consent

140H Compulsory release of seized copies to importer

140I Provision relating to actions for infringement of copyright

140IA Compensation for failure to take action

140J Retention of control of seized copies

140K Disposal of seized copies ordered to be forfeited

140L Insufficient security

140LA Detention of infringing copies

Division 7 — Powers of Search

140M Powers of search in relation to vessels, aircrafts and vehicles

140N Examination of packages

140O Power to remove packages and goods to police station or examination station

140P Search of persons and baggage

140Q Powers of authorised officers to enter certain premises

141 Obstruction

Division 8 — Miscellaneous

142 Limitation of actions in respect of infringement of copyright

Part VI COMPULSORY LICENCES FOR TRANSLATION AND REPRODUCTION OF CERTAIN WORKS

143 (Repealed)

144 (Repealed)

145 (Repealed)

146 (Repealed)

147 (Repealed)

148 (Repealed)

Part VII COPYRIGHT TRIBUNALS

Division 1 — Preliminary

149 Interpretation of this Part

150 Cases to which licence schemes apply

Division 2 — Constitution of Tribunal

151 Establishment of Tribunals

151A Appointment of president, deputy president and members of Tribunal

151B Remuneration and allowances

152 Tenure of office

153 Continuation of hearing on change in constitution of Tribunal

154 Quorum

155 Decision of Tribunal

156 Sittings of Tribunal

Division 3 — Inquiries by, and Applications and References to, Tribunal

156A Application to Tribunal for determination of remuneration payable for making recording or film of a work

156B Application to Tribunal for determination of remuneration payable for making copy of sound recording

156C Application to Tribunal for determination of remuneration payable for making available to public sound recording by means of digital audio transmission

157 Inquiries into royalty payable in respect of records of musical works

158 Applications to Tribunal for determination of remuneration payable to owner of copyright for copies made under statutory licence

159 Applications to Tribunal for apportionment of royalty in respect of a record

160 Reference of proposed licence schemes to Tribunal

161 Reference of existing licence schemes to Tribunal

162 Further reference of licence schemes to Tribunal

163 Application to Tribunal in relation to licences

164 Effect of licence schemes being continued in operation pending order of Tribunal

165 Effect of order of Tribunal in relation to licences

166 Attorney-General may make application for suspension order

167 Application to revoke suspension orders

168 Interim orders

169 Reference of questions of law to High Court

170 Agreements or awards not affected

Division 4 — Procedure and Evidence

171 Proceedings to be in public except in special circumstances

172 Application may be made to Tribunal by agent of copyright owner

173 Procedure

174 Mistakes or errors in orders of Tribunal

175 Regulations as to procedure

176 Power to take evidence on oath

177 Evidence in form of written statement

178 Representation

Division 5 — Miscellaneous

179 Protection of members and witnesses

180 Disobedience to summons, etc.

181 Contempt of Tribunal, etc.

182 Cost of proceedings

183 Proof of orders of Tribunal

Part VIII EXTENSION OR RESTRICTION OF THIS ACT

184 Application of this Act to countries other than Singapore

185 Provisions as to international organisations

186 Denial of copyright to citizens of countries not giving adequate protection to Singapore works

Part IX FALSE ATTRIBUTION OF AUTHORSHIP

187 Interpretation of this Part

188 Duty not to attribute falsely authorship of work or identity of performer of performance

189 Duty not to falsely represent altered work or recording of performance as unaltered

190 Duty not to attribute falsely the authorship of reproduction of artistic work

191 Breach of duty not committed if act done outside Singapore or done with permission

192 Action for breach of duty

193 Saving of other rights and remedies

Part IXA WORKS, OR OTHER SUBJECT-MATTER, IN ELECTRONIC FORM0

193A Interpretation and effect of application of this Part

193B Transmission, routing and provision of connections

193C System caching

193D Storage and information location

193DA Exemption of network service provider from liability for removal of copy, etc., from network

193DB Relief which court may grant

193DC Evidence of compliance with conditions

193DD Maker of false notice guilty of offence and liable in damages

193DE Regulations

193E User caching

193F Transfer of electronic copy of material

Part X MISCELLANEOUS

194 Assignments and licences in respect of copyright

195 Prospective ownership of copyright

196 Copyright to pass under will with unpublished work

197 Provisions as to Government copyright

198 Use of copyright material for service of Government

199 Reception of broadcasts or cable programmes

200 Groundless threats of legal proceedings

201 Notation of copies, etc.

201A Immunity of Government, etc.

201B Offence committed by partnership or body corporate

202 Regulations

203 (Repealed)

204 (Repealed)

Part XI TRANSITIONAL

Division 1 — Preliminary

205 Interpretation of this Part

206 References to making of works, recordings and films

207 References in other laws or instruments to copyright

208 Authorship of photographs

209 Publication

Division 2 — Original Works

210 Expired copyright not to revive

211 Original works in which copyright subsists

212 Duration of copyright in photographs

213 Ownership of copyright

214 Recording of musical works

215 Publication of artistic works

216 Reconstruction of buildings

217 Industrial designs

218 Reproduction of work upon payment of royalties

Division 3 — Subject-Matter other than Works

219 Sound recordings

220 Cinematograph films

221 Application of this Act to dramatic works and photographs comprised in cinematograph films

222 Television broadcasts and sound broadcasts

223 Published editions of works

224 Cable programmes

Division 4 — Miscellaneous

225 Actions for infringement

226 Actions where copyright subject to exclusive licence

227 Offences

228 Limitation of actions

229 (Repealed)

230 References and applications to Tribunal in relation to licence schemes

231 Duration of Government copyright in photographs

232 Duration of Government copyright in recordings

233 Government copyright in films

234 Works made or published by international organisations

235 Subject-matter, other than original works, made or published by international organisations

236 False attribution of authorship of work

237 Assignments and licences

238 Bequests

239 Existing computer programs

Division 5 — Works made before 1st July 1912

240 Interpretation of this Division

241 Application

242 Rights conferred by Copyright Act 1911

243 Performing rights

244 Contributions to periodicals

245 Assignments and licences

Part XII PERFORMERS’ PROTECTION

246 Interpretation of this Part

247 Educational purposes

248 Exempt recordings cease to be exempt recordings in certain circumstances

249 Private and domestic use

250 References to inclusion of performance in cable programme service

251 Application

252 What constitutes unauthorised use

252A Transmission, routing and provision of connections

252B System caching

252C Storage and information location

252CA Exemption of network service provider from liability for removal of copy, etc., from network

252CB Relief which court may grant

252CC Evidence of compliance with conditions

252CD Maker of false notice guilty of offence and liable in damages

252CE Regulations

252CF Effect of application of sections 252A to 252CD

252D User caching

253 Action for unauthorised use

253A Presumptions in relation to performance

254 Order for disposal of unauthorised recordings or other object

254A Offences

254B Application of sections 140A to 141

255 Rights to bring an action may be assigned

256 Application to foreign countries

257 Denial of protection to citizens of countries not giving adequate protection to Singapore performances

Part XIII RIGHTS MANAGEMENT INFORMATION

258 Interpretation of this Part

259 Application of this Part

260 Removal or alteration of rights management information

261 Relief which court may grant

261A Enforcement measures

Part XIIIA CIRCUMVENTION OF TECHNOLOGICAL MEASURES

261B Interpretation and effect of application of this Part

261C Circumvention of technological measures

261D Exceptions to prohibition on circumvention

261E Exceptions to prohibition on making, etc., circumventing device and offering circumventing service

261F Relief which court may grant

261G Enforcement measures

Part XIV TRANSITIONAL PROVISIONS UNDER INTELLECTUAL PROPERTY (MISCELLANEOUS AMENDMENTS) ACT 2004

262 Interpretation of this Part

263 Works published before appointed day

264 Other subject-matter published before appointed day

265 Works and other subject matter published by international organisations before appointed day

266 Works and other subject matter published by Government before appointed day

267 Performances given before appointed day

Part XV SAVINGS AND TRANSITIONAL PROVISIONS UNDER COPYRIGHT (AMENDMENT) ACT 2004

268 Interpretation of this Part

269 Assignments and licences before appointed day

270 Action for infringement which took place before appointed day

271 Action for unauthorised use before appointed day

272 Action relating to rights management information

THE SCHEDULE False Registration of Industrial Designs

Legislative Source Key

Legislative History

Comparative Table

Comparative Table

Related Subsidiary Legislation | Legislative History | Amendment Annotation off

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PART I

PRELIMINARY

Short title

1. This Act may be cited as the Copyright Act.

[Aust. 1968, s. 1]

Application

2. Except insofar as Parts XI and XII otherwise expressly provide, this Act shall apply in relation to things existing on 10th April 1987 in like manner as it applies in relation to things coming into existence after that date.

[38/99]

Application to Government

3. Subject to Part X, this Act shall bind the Government but nothing in this Act shall render the Government liable to be prosecuted for an offence.

[Aust. 1968, s. 7]

Copyright not to subsist except by virtue of this Act

4. Subject to the provisions of this Act, no copyright shall subsist otherwise than by virtue of this Act.

[Aust. 1968, s. 8]

Savings of rights of Government, etc.

5. Nothing in this Act shall affect any right or privilege of the Government or any other person under any other written law, except insofar as that law is expressly repealed, amended or modified by this Act.

[Aust. 1968, s. 7]

Operation of other laws

6. Nothing in this Act shall affect the operation of the law relating to breaches of trust or confidence.

[Aust. 1968, s. 9 (3)]