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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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Division 4 — Miscellaneous
Actions for infringement
225.  Sections 119 and 120 shall not apply to an infringement of copyright under the Copyright Act 1911 and shall not affect any proceedings under that Act, whether instituted before or after 10th April 1987.
[Aust. 1968, s. 226]
Actions where copyright subject to exclusive licence
226.  Division 3 of Part V shall not apply in relation to a licence granted before 10th April 1987 and shall not affect any proceedings under the Copyright Act 1911, whether instituted before or after that date.
[Aust. 1968, s. 228]
Offences
227.  For the purposes of Division 5 of Part V, the definition of “infringing copy” in section 7 shall apply as if any reference in that definition to copyright included a reference to copyright under the Copyright Act 1911.
[Aust. 1968, s. 229]
Limitation of actions
228.  Section 142 shall not apply in relation to an infringement of copyright under the Copyright Act 1911 or to an article made, or imported into Singapore, before 10th April 1987.
[Aust. 1968, s. 230]
Restriction of importation of printed copies of works
229.  [Omitted]
References and applications to Tribunal in relation to licence schemes
230.
—(1)  Part VII shall apply in relation to licence schemes formulated before 10th April 1987 in like manner as it applies in relation to licence schemes formulated on or after that date, but, for the purposes of the application of that Part in relation to licence schemes formulated before that date, any reference in that Part to copyright includes a reference to copyright under the Copyright Act 1911.
[S 107/87]
(2)  Any reference in section 163 to a refusal or failure to grant or procure the grant of a licence, or to a proposal that a licence should be granted, shall not include a reference to a refusal or failure that occurred, or to a proposal that was made, before 10th April 1987.
[Aust. 1968, s. 232]
Duration of Government copyright in photographs
231.  Section 197(4) shall apply in relation to photographs taken before 10th April 1987 as if subsection (4A) of that section were omitted.
[Aust. 1968, s. 233]
Duration of Government copyright in recordings
232.  Section 197(5) shall apply in relation to sound recordings made before 10th April 1987 as if the reference in that section to the expiration of the calendar year in which the recording is first published were a reference to the expiration of the calendar year in which the recording was made.
[Aust. 1968, s. 234]
Government copyright in films
233.
—(1)  Section 197(5) shall not apply in relation to cinematograph films made before 10th April 1987.
(2)  Where section 197(5) does not apply in relation to a cinematograph film by reason of subsection (1) —
(a)
if the film was an original dramatic work as defined by section 205 — section 197(1), (2) and (3), shall apply, in relation to that work in accordance with section 221(1); and
(b)
section 197(1), (2) and (3), as modified by section 231, shall apply in relation to photographs forming part of the film in like manner as they apply in relation to photographs not forming part of a cinematograph film.
[Aust. 1968, s. 235]
Works made or published by international organisations
234.
—(1)  Section 185(3) shall not apply in relation to works made before 10th April 1987.
(2)  Section 185(4) shall not apply in relation to works first published before 10th April 1987.
[Aust. 1968, s. 236]
Subject-matter, other than original works, made or published by international organisations
235.
—(1)  Section 185(3) shall not apply in relation to sound recordings or cinematograph films made before 10th April 1987.
[S 107/87]
(2)  Section 185(4) shall not apply in relation to sound recordings or cinematograph films first published before 10th April 1987.
(3)  Section 185(5) shall not apply in relation to an edition published before 10th April 1987.
[Aust. 1968, s. 237]
False attribution of authorship of work
236.
—(1)  It is a breach of the duty imposed on a person by section 188 if the person does, on or after 10th April 1987, any of the acts mentioned in subsection (1)(b) and (c) of that section in relation to a work notwithstanding that the name concerned was inserted or affixed before that date.
[52/2004]
(1A)  It is a breach of the duty imposed on a person by section 188 if the person does, on or after 1st January 2005, any of the acts mentioned in subsection (1)(b) and (c) of that section in relation to a recording of a performance, notwithstanding that the name concerned was inserted or affixed before that date.
[52/2004]
(2)  Subject to subsection (1), Part IX shall not apply in relation to acts done before 10th April 1987.
(2A)  Subject to subsection (1A), Part IX shall not apply in relation to acts done before 1st January 2005 in respect of a recording of a performance.
[52/2004]
(3)  In this section, “name” includes initials or a monogram.
[Aust. 1968, s. 195AE]
Assignments and licences
237.
—(1)  Subject to this section, where copyright subsists in a work by virtue of this Act, any document that was made, or event that occurred, before 10th April 1987, being a document or event that had any operation affecting the ownership of, or creating, transferring or terminating an interest, right or licence in respect of, copyright in the work under the Copyright Act 1911 or would have had such an operation if that Act had continued in force, shall have the like operation in relation to the copyright in the work under this Act.
(2)  If the operation of a document to which subsection (1) applies was or would have been limited to a period specified in the document, the document shall not have any operation in relation to the copyright under this Act, except insofar as that period extends after 10th April 1987.
(3)  For the purposes of the operation of a document in accordance with this section —
(a)
expressions used in the document shall have the same respective meanings as they had immediately before 10th April 1987, whether or not those expressions have different meanings for the purposes of this Act; and
(b)
section 195(1) shall not apply.
(4)  Without prejudice to the generality of subsection (1), where the author of a work that was made before 10th April 1987 was the first owner of the copyright in the work —
(a)
any assignment of the copyright, or any grant of an interest in the copyright, made by the author (otherwise than by will) after the commencement of the Copyright Act 1911 and before 10th April 1987, being an assignment or grant that has effect in relation to copyright in the work under this Act by virtue of subsection (1), shall not operate to vest in the assignee or grantee any rights with respect to the copyright in the work after the expiration of 25 years after the date of the death of the author;
(b)
on the death of the author, the reversionary interest in the copyright expectant on the termination of that period shall devolve, notwithstanding any agreement to the contrary, on his legal personal representative as part of his estate; and
(c)
any agreement entered into by the author as to the disposition of that reversionary interest is of no force or effect.
(4A)  Nothing in subsection (4) shall be taken to apply to the assignment of the copyright in a collective work or a licence to publish a work or a part of a work as part of a collective work.
[S 107/87]
(5)  In subsection (4), expressions that are defined by section 205 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.
(6)  Subsections (1) to (5) shall apply in relation to copyright under this Act in a sound recording or in a cinematograph film in like manner as they apply in relation to copyright in a work but a reference in those subsections to the copyright under the Copyright Act 1911 shall —
(a)
in the application of those subsections in relation to a sound recording — be read as a reference to the copyright under that Act in records embodying the recording; and
(b)
in the application of those subsections in relation to a cinematograph film — be read as a reference to any copyright under that Act in the film (insofar as it constituted a dramatic work for the purposes of that Act) or in photographs forming part of the film.
[Aust. 1968, s. 239]
Bequests
238.
—(1)  Section 196 shall not apply in relation to a bequest contained in the will of a testator who died before 10th April 1987.
[S 107/87]
(2)  Where —
(a)
an author has died before 10th April 1987;
(b)
a person has acquired, under the will of the author, the ownership of a manuscript of a work by the author; and
(c)
the work —
(i)
has not been published;
(ii)
in the case of a dramatic or musical work — has not been performed in public; and
(iii)
in the case of a lecture — has not been delivered in public,
the ownership by that person of the manuscript shall be evidence that that person is the owner of the copyright in the work.
(3)  In subsection (1), 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. 240]
Existing computer programs
239.
—(1)  The Copyright Act 1911 shall apply to a computer program made before 10th April 1987 as it applies in relation to a literary work and shall so apply whether or not copyright would subsist in that program apart from this Act.
(2)  Where, by virtue of subsection (1), copyright subsists under the Copyright Act 1911 in a computer program that was made before 10th April 1987, nothing done in relation to the computer program before that date shall be taken to constitute an offence under the repealed Copyright Act* (Cap. 187, 1970 Ed.) or an infringement of that copyright.
*  Repealed by section 203, which is omitted in this Edition.
(3)  For the purposes of this section, a computer program the making of which extends over a period shall be deemed not to have been made before 10th April 1987 unless the making of it was completed before that date.
[S 107/87]