On 19/05/2013,
you requested for the version in force on 19/05/2013
incorporating all amendments published on or before 19/05/2013.
The closest version currently available is that of 28/03/2013.
63.
—(1) This section shall apply to sculptures and to works of artistic craftsmanship of the kind referred to in paragraph (c) of the definition of “artistic work” in section 7.
(2) The copyright in a work to which this section applies that is situated, otherwise than temporarily, in a public place, or in premises open to the public, is not infringed by the making of a painting, drawing, engraving or photograph of the work or by the inclusion of the work in a cinematograph film or in a television broadcast.
[Aust. 1968, s. 65]
64. The copyright in a building or a model of a building is not infringed by the making of a painting, drawing, engraving or photograph of the building or model or by the inclusion of the building or model in a cinematograph film or in a television broadcast.
[Aust. 1968, s. 66]
65. Without prejudice to sections 63 and 64, the copyright in an artistic work is not infringed by the inclusion of the work in a cinematograph film or in a television broadcast if its inclusion in the film or broadcast is only incidental to the principal matters represented in the film or broadcast.
[Aust. 1968, s. 67]
66. The copyright in an artistic work is not infringed by the publication of a painting, drawing, engraving, photograph or cinematograph film if, by virtue of section 63, 64 or 65, the making of that painting, drawing, engraving, photograph or film did not constitute an infringement of the copyright.
[Aust. 1968, s. 68]
67. Sections 63, 64 and 65 shall apply in relation to a cable programme in like manner as they apply in relation to a television broadcast.
68.
—(1) Where the inclusion of an artistic work in a television broadcast or cable programme made by a person would not (whether by reason of an assignment or licence or of the operation of a provision of this Act) constitute an infringement of copyright in the work but the making by the person of a cinematograph film of the work would, apart from this subsection, constitute such an infringement, the copyright in the work is not infringed by his making such a film solely for the purpose of the inclusion of the work in a television broadcast or cable programme.
(2) Subsection (1) shall not apply in relation to a film if a copy of the film is used for a purpose other than —
(a)
the inclusion of the work in a television broadcast or cable programme in circumstances that do not (whether by reason of an assignment or licence or of the operation of a provision of this Act) constitute an infringement of the copyright in the work; or
(b)
the making of further copies of the film for the purpose of the inclusion of the work in such a broadcast or programme.
(3) Subsection (1) shall not apply in relation to a film where a copy of the film is used for the purpose of the inclusion of the work in a television broadcast or cable programme made by a person who is not the maker of the film unless the maker has paid to the owner of the copyright in the work such amount as they agree or, in default of agreement, has given an undertaking in writing to the owner to pay to him such amount as is determined by a Copyright Tribunal, on the application of either of them, to be equitable remuneration to the owner for the making of the film.
[23/2009 wef 31/12/2009]
(4) A person who has given an undertaking referred to in subsection (3) shall be liable, when a Copyright Tribunal has determined the amount to which the undertaking relates, to pay that amount to the owner of the copyright in the work and the owner may recover that amount in a court of competent jurisdiction from the person as a debt due to the owner.
[23/2009 wef 31/12/2009]
(5) Subsection (1) shall not apply in relation to a film unless all the copies of the film are destroyed or are delivered, with the consent of the Director of National Archives, to the National Archives of Singapore —
(a)
before the expiration of the period of 6 months or, in the case of a film made by a non-profit organisation solely for its own broadcast, 2 years, commencing on the day on which any of the copies of the film is first used for including the work in a television broadcast or cable programme in accordance with that subsection; or
(b)
before the expiration of such further period, if any, as is agreed between the maker of the film and the owner of the copyright in the work.
[6/98]
[Aust. 1968, s. 70]
69. For the purposes of this Act —
(a)
the making of an object of any kind that is in 3 dimensions does not infringe the copyright in an artistic work that is in 2 dimensions; and
(b)
the making of an object of any kind that is in 2 dimensions does not infringe the copyright in an artistic work that is in 3 dimensions,
if the object would not appear to persons who are not experts in relation to objects of that kind to be a reproduction of the artistic work.
70.
—(1) Notwithstanding section 69, the making of any useful article in 3 dimensions (including a reproduction in 2 dimensions reasonably required for the making of the article) does not infringe the copyright in an artistic work if, when the useful article or reproduction is made, the artistic work has been industrially applied in Singapore or in any other country at any time before the useful article or reproduction is made.
[25/2000]
(2) For the purposes of subsection (1), an artistic work is applied industrially if —
(a)
more than 50 reproductions in 3 dimensions are made of it, for the purposes of sale or hire;
(b)
it is reproduced in 3 dimensions in one or more articles manufactured in lengths, for the purposes of sale or hire; or
(c)
it is reproduced as a plate which has been used to produce —
(i)
more than 50 reproductions of an object in 3 dimensions for the purposes of sale or hire; or
(ii)
one or more articles in 3 dimensions manufactured in lengths for the purposes of sale or hire.
(3) For the purposes of subsection (2), 2 or more reproductions in 3 dimensions which are of the same general character and intended for use together are a single reproduction.
(4) In this section, “useful article” means an article having an intrinsic utilitarian function that is not merely to portray the appearance of the article or to convey information.
(5) For the purposes of this section, an article that is normally part of a useful article is considered a useful article.
71.
—(1) The copyright in an artistic work is not infringed by the making of a later artistic work by the same author if, in making the later work, the author does not repeat or imitate the main design of the earlier work.
(2) Subsection (1) shall have effect notwithstanding that part of the earlier work is reproduced in the later work and that, in reproducing the later work, the author used a mould, cast, sketch, plan, model or study made for the purposes of the earlier work.
[Aust. 1968, s. 72]
72.
—(1) Where copyright subsists in a building, the copyright is not infringed by a reconstruction of that building.
(2) Where a building has been constructed in accordance with architectural drawings or plans in which copyright subsists and has been so constructed by, or with the licence of, the owner of that copyright, that copyright is not infringed by a later reconstruction of the building by reference to those drawings or plans.
[Aust. 1968, s. 73]