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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 29/04/2017, you requested the version in force on 29/04/2017 incorporating all amendments published on or before 29/04/2017. The closest version currently available is that of 31/03/2015.
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PART II
INTERPRETATION
Interpretation
7.
—(1)  In this Act, unless the context otherwise requires —
“accessible format” means any format that —
(a)
is accessible to a person with a reading disability, including (but not limited to) a large print version, an electronic book, a sound recording, and the format known as Digital Accessible Information System (DAISY); or
(b)
is specifically designed to meet the needs of a person with a reading disability, including (but not limited to) a Braille version and photographic version;
“accessible format copy”  —
(a)
in relation to any work to which section 54 applies, means a copy (whether in an electronic or a physical form) of the work or part of the work in an accessible format; or
(b)
in relation to any subject‑matter to which section 115C applies, means —
(i)
in the case of a sound recording, a copy (whether in an electronic or a physical form) of the sound recording or part of that sound recording in an accessible format; and
(ii)
in the case of a sound broadcast, a sound recording or a copy of a sound recording (whether in an electronic or a physical form) of the sound broadcast or part of that sound broadcast, in an accessible format;
“accessory”, in relation to an article, means one or more of the following:
(a)
a label affixed to, or displayed on, the article;
(b)
the packaging or container in which the article is packaged or contained;
(c)
a label affixed to, or displayed on, the packaging or container in which the article is packaged or contained;
(d)
a leaflet, pamphlet, certificate, warranty, brochure, written instruction or other information incidental to the article and provided with the article on its sale;
(e)
an instructional sound recording or cinematograph film incidental to the article and provided with the article on its sale,
but does not include —
(i)
a copy of a work that is incorporated into the surface of the article and is a permanent part of the article;
(ii)
a copy of a work that cannot be separated from the article without rendering the article unsuitable for its ordinary use; or
(iii)
a manual sold with computer software for use in connection with that software;
“adaptation”  —
(a)
in relation to a literary work in a non-dramatic form, means a version of the work (whether in its original language or in a different language) in a dramatic form;
(b)
in relation to a literary work in a dramatic form, means a version of the work (whether in its original language or in a different language) in a non-dramatic form;
(c)
in relation to a literary work being a computer program, means a version of the work (whether or not in the language, code or notation in which the work was originally expressed) not being a reproduction of the work;
(d)
in relation to a literary work (whether in a non-dramatic form or dramatic form), means —
(i)
a translation of the work; or
(ii)
a version of the work in which a story or action is conveyed solely or principally by means of pictures; and
(e)
in relation to a musical work, means an arrangement or transcription of the work;
“archives” means —
(a)
archival material in the custody of the National Archives of Singapore administered by the National Library Board in accordance with Part IIA of the National Library Board Act (Cap. 197);
[Act 25 of 2012 wef 28/03/2013]
(b)
a collection of documents or other material to which this paragraph applies by virtue of subsection (4);
“artistic work” means —
(a)
a painting, sculpture, drawing, engraving or photograph, whether the work is of artistic quality or not;
(b)
a building or model of a building, whether the building or model is of artistic quality or not; or
(c)
a work of artistic craftsmanship to which neither paragraph (a) nor (b) applies,
but does not include a layout-design or an integrated circuit within the meaning of section 2(1) of the Layout-Designs of Integrated Circuits Act (Cap. 159A);
“author”, in relation to a photograph, means the person who took the photograph;
“broadcast” means broadcast by wireless telegraphy, and “broadcasting” shall have a corresponding meaning;
“broadcasting licence” and “broadcasting licensee” have the same meanings as in section 2(1) of the Broadcasting Act (Cap. 28);
“building” includes a structure of any kind;
“cable programme” means a programme which is included in a cable programme service;
“cable programme service” means a service which consists wholly or mainly in the sending by any person, by means of a telecommunication system (whether run by him or by any other person), of sounds or visual images or both either —
(a)
for reception, otherwise than by wireless telegraphy, at 2 or more places in Singapore, whether they are so sent for simultaneous reception or at different times in response to requests made by different users of the service; or
(b)
for reception, by whatever means, at a place in Singapore for the purpose of their being presented there either to members of the public or to any group of persons;
“cinematograph film” means the aggregate of visual images embodied in an article or thing so as to be capable by the use of that article or thing —
(a)
of being shown as a moving picture; or
(b)
of being embodied in another article or thing by the use of which it can be so shown,
and includes the aggregate of the sounds embodied in a sound-track associated with such visual images;
“citizen of Singapore” includes a person who, if he had been alive on 1st November 1957, would have qualified for Singapore citizenship under the Singapore Citizenship Ordinance 1957 (Ord. 35/57);
“communicate” means to transmit by electronic means (whether over a path, or a combination of paths, provided by a material substance or by wireless means or otherwise) a work or other subject-matter, whether or not it is sent in response to a request, and includes —
(a)
the broadcasting of a work or other subject-matter;
(b)
the inclusion of a work or other subject-matter in a cable programme; and
(c)
the making available of a work or other subject-matter (on a network or otherwise) in such a way that the work or subject-matter may be accessed by any person from a place and at a time chosen by him,
and “communication” shall have a corresponding meaning;
“computer program” means an expression, in any language, code or notation, of a set of instructions (whether with or without related information) intended, either directly or after either or both of the following:
(a)
conversion to another language, code or notation;
(b)
reproduction in a different material form,
to cause a device having information processing capabilities to perform a particular function;
“construction” includes erection and “reconstruction” shall have a corresponding meaning;
“conveyance” has the same meaning as in the Regulation of Imports and Exports Act (Cap. 272A);
“copy”, in relation to a cinematograph film, means any article or thing in which the visual images or sounds comprising the film are embodied;
“Copyright Act 1911” means the Copyright Act 1911* of the United Kingdom (U.K. 1911 c. 46) insofar as it has effect as part of the law of Singapore;
*  Repealed by section 203 of the Copyright Act 1987 (Act 2 of 1987), which is omitted in this Edition.
“Copyright Tribunal” or “Tribunal” means any Copyright Tribunal established under Part VII;
[23/2009 wef 31/12/2009]
“digital audio transmission” means a transmission of a sound recording, in whole or in part, in a digital or other non-analogue form;
“dramatic work” includes —
(a)
a choreographic show or other dumb show if described in writing in the form in which the show is to be presented; and
(b)
a scenario or script for a cinematograph film,
but does not include a cinematograph film as distinct from the scenario or script for a cinematograph film;
“drawing” includes any diagram, map, chart or plan;
“educational institution” means —
(a)
a school or similar institution at which one or more of the following is provided:
(i)
full-time primary education;
(ii)
full-time secondary education;
(iii)
full-time pre-university education;
(iv)
such other full-time education as may be prescribed by regulations made under this Act;
(b)
a junior college, a university, a college of advanced education or a technical and further education institution;
(c)
an institution that conducts courses of primary, secondary, pre-university or tertiary education by correspondence or on an external study basis;
(d)
a school of nursing;
(e)
an undertaking within a hospital, being an undertaking that conducts courses of study or training in —
(i)
the provision of medical services; or
(ii)
the provision of services incidental to the provision of medical services;
(f)
a teacher education centre;
(g)
an institution that has, as its principal function, the provision of courses of study or training for the purpose of —
(i)
general education;
(ii)
the preparation of persons for a particular occupation or profession; or
(iii)
the continuing education of persons engaged in a particular occupation or profession;
(h)
such other institution at which education is provided as may be declared by regulations made under this Act to be an institution to which this paragraph applies;
(i)
an undertaking within a body administering an educational institution of a kind referred to in paragraphs (a) to (h), being an undertaking that has as its principal function, or as one of its principal functions, the provision of teacher training for persons engaged as instructors in educational institutions of such a kind, or of 2 or more such kinds;
(j)
an institution, or an undertaking within a body administering an educational institution of a kind referred to in paragraphs (a) to (i), being an institution or undertaking that has as its principal function, or as one of its principal functions, the furnishing of materials to educational institutions of a kind referred to in paragraphs (a) to (i), or to educational institutions of 2 or more such kinds, for the purpose of assisting those institutions in their teaching purposes,
but does not include an institution that is conducted for the profit, direct or indirect, of an individual or individuals;
“electronic copy”, in relation to any work or other subject-matter, means a copy of the work or subject-matter in an electronic form;
“engraving” includes an etching, lithograph, product of photogravure, woodcut, print or similar work, not being a photograph;
“exclusive licence” means a licence in writing, signed by or on behalf of the owner or prospective owner of copyright, authorising the licensee, to the exclusion of all other persons, to do an act that, by virtue of this Act, the owner of the copyright would, but for the licence, have the exclusive right to do, and “exclusive licensee” shall have a corresponding meaning;
“foreign institution assisting persons with reading disabilities” means an institution —
(a)
that has as its principal function, or one of its principal functions, the provision of works or other subject‑matter to persons with reading disabilities; and
(b)
that is formed, incorporated or established outside Singapore;
“future copyright” means copyright to come into existence at a future time or upon the happening of a future event;
“infringing copy”  —
(a)
in relation to a work, means a reproduction of the work, or of an adaptation of the work, not being a copy of a cinematograph film of the work or adaptation;
(b)
in relation to a sound recording, means a copy of the sound recording not being a sound-track associated with visual images forming part of a cinematograph film;
(c)
in relation to a cinematograph film, means a copy of the film;
(d)
in relation to a television broadcast, sound broadcast or cable programme, means a copy of a cinematograph film of the broadcast or programme or a record embodying a sound recording of the broadcast or programme; and
(e)
in relation to a published edition of a work, means a reproduction of the edition,
being an article the making of which constituted an infringement of the copyright in the work, recording, film, broadcast, programme or edition or, in the case of an article imported without the licence of the owner of the copyright, the making of which was carried out without the consent of the owner of the copyright;
“institution” includes an educational institution;
“institution assisting intellectually handicapped readers” means —
(a)
any educational institution; or
(b)
any non-profit organisation,
that has as its principal function, or one of its principal functions, the provision of assistance to intellectually handicapped persons and that is declared by regulations made under this Act to be, for the purposes of this Act, an institution assisting intellectually handicapped readers;
“institution assisting persons with reading disabilities” means an institution —
(a)
that has as its principal function, or one of its principal functions, the provision of works or other subject‑matter to persons with reading disabilities;
(b)
that is formed, incorporated or established in Singapore; and
(c)
that is declared by regulations made under this Act to be an institution for assisting persons with reading disabilities;
“international organisation to which this Act applies” means an organisation that is declared by the regulations made for the purposes of section 185 to be an international organisation to which this Act applies, and includes —
(a)
an organ of, or office within, an organisation that is so declared; and
(b)
a commission, council or other body established by such an organisation or organ;
“judicial proceeding” means a proceeding before any court, tribunal or person having by law power to hear, receive and examine evidence on oath;
“manuscript”, in relation to a work, means an original document embodying the work, whether written by hand or not;
“minimum royalty”, in relation to a record, means the amounts applicable in respect of the record under sections 57(3) and 58(b)(i) or, if those provisions are affected by regulations made for the purposes of section 59, under those provisions as so affected;
“non-profit organisation” means an organisation or association or persons, whether corporate or unincorporate, that is not operated or conducted for profit;
“Office” means the Intellectual Property Office of Singapore incorporated under the Intellectual Property Office of Singapore Act (Cap. 140);
“person with a reading disability” means —
(a)
a blind person;
(b)
a person whose sight is severely impaired;
(c)
a person unable to hold or manipulate books or to focus or move his eyes; or
(d)
a person with a perceptual handicap;
“photograph” means a product of photography or of a process similar to photography, other than an article or thing in which visual images forming part of a cinematograph film have been embodied, and includes a product of xerography, and “photography” shall have a corresponding meaning;
“plate” includes a stereotype, stone, block, mould, matrix, transfer, negative or other similar appliance;
“programme”, in relation to a cable programme service, includes any item included in that service;
“prospective owner”  —
(a)
in relation to a future copyright that is not the subject of an agreement of a kind referred to in section 195(1), means the person who will be the owner of the copyright on its coming into existence; or
(b)
in relation to a future copyright that is the subject of such an agreement, means the person in whom, by virtue of that section, the copyright will vest on its coming into existence;
“receiving apparatus” means any device or equipment the operation of which, either alone or together with any other device or equipment, enables people to hear or see a work or other subject-matter that is communicated;
“record” means a disc, tape, paper or other device in which sounds are embodied;
“regulations” means the regulations made under this Act;
“re-transmission”, in relation to a broadcast, means a re-transmission of the broadcast without altering the contents of the broadcast, whether the re-transmission is simultaneous with the original transmission or whether the technique that is used to achieve the re-transmission is different from that used to achieve the original transmission;
“royalty”, in relation to a record, means the amount applicable in respect of the record under section 57(1) or, if that provision is affected by regulations made for the purposes of section 59, under that provision so affected;
“sculpture” includes a cast or model made for purposes of sculpture;
“simulcasting”, in relation to a work, an adaptation of a work, a sound recording or a cinematograph film, means simultaneously broadcasting the work, adaptation, recording or film in both analogue form and digital form;
“sound broadcast” means sounds broadcast otherwise than as part of a television broadcast;
“sound recording” means the aggregate of the sounds embodied in a record;
“sound-track”, in relation to visual images forming part of a cinematograph film, means —
(a)
the part of any article or thing (being an article or thing in which those visual images are embodied) in which sounds are embodied; or
(b)
a disc, tape or other device in which sounds are embodied and which is made available by the maker of the film for use in conjunction with the article or thing in which those visual images are embodied;
“sufficient acknowledgment”, in relation to a work, means an acknowledgment identifying the work by its title or other description and, unless the work is anonymous or pseudonymous or the author has previously agreed or directed that an acknowledgment of his name is not to be made, also identifying the author;
“telecommunication apparatus” means apparatus constructed or adapted for use in transmitting or receiving —
(a)
speech, music and other sounds;
(b)
visual images;
(c)
signals serving for the impartation (whether as between persons and persons, things and things or persons and things) of any matter otherwise than in the form of sounds or visual images; or
(d)
signals serving for the actuation or control of machinery or apparatus,
which is to be or has been conveyed by means of a telecommunication system;
“telecommunication system” means a system for the conveyance, through the agency of electric, magnetic, electro-magnetic, electro-chemical or electro-mechanical energy, of —
(a)
speech, music and other sounds;
(b)
visual images;
(c)
signals serving for the impartation (whether as between persons and persons, things and things or persons and things) of any matter otherwise than in the form of sounds or visual images; or
(d)
signals serving for the actuation or control of machinery or apparatus;
“television broadcast” means visual images broadcast by way of television, together with any sounds broadcast for reception along with those images;
“wireless telegraphy” means the emitting or receiving, otherwise than over a path that is provided by a material substance, of electro-magnetic energy;
“wireless telegraphy apparatus” means an appliance or apparatus for the purpose of transmitting or receiving sounds or visual images by means of wireless telegraphy;
“will” includes a codicil;
“work” means a literary, dramatic, musical or artistic work;
“work of joint authorship” means a work that has been produced by the collaboration of 2 or more authors and in which the contribution of each author is not separate from the contribution of the other author or the contributions of other authors;
“writing” means a mode of representing or reproducing words, figures or symbols in a visible form, and “written” shall have a corresponding meaning.
[14/94; 15/94; 6/98; 3/99; 38/99; 3/2001; 34/2002; 52/2004]
(1A)  Without limiting the meaning of the expression “educational purposes” in this Act, a copy of the whole or a part of a work or other subject-matter shall be taken to have been made, used or retained, as the case may be, for the educational purposes of an educational institution if —
(a)
it is made or retained for use, or is used, in connection with a particular course of instruction provided by the institution; or
(b)
it is made or retained for inclusion, or is included, in the collection of a library of the institution.
[6/98]
(1B)  For the purposes of paragraph (b) of the definition of “accessible format” in subsection (1), something is in photographic version if it is produced as a film‑strip or series of separate transparencies designed to meet the needs of persons with a reading disability.
(2)  Without limiting the meaning of the expression “reasonable portion” in this Act, where a literary, dramatic or musical work is contained in a published edition of that work, being an edition of not less than 10 pages, a copy of part of that work, as it appears in that edition, shall be taken to contain only a reasonable portion of that work if the pages that are copied in the edition —
(a)
do not exceed, in the aggregate, 10% of the number of pages in that edition; or
(b)
in a case where the work is divided into chapters — exceed, in the aggregate, 10% of the number of pages in that edition but contain only the whole or part of a single chapter of the work.
(2A)  Without limiting the meaning of the expression “reasonable portion” in this Act, where a literary, dramatic or musical work is contained in a published edition of that work, being an edition which is stored on any medium by electronic means and is not divided into pages, a copy of part of that work, as it appears in that edition, shall be taken to contain only a reasonable portion of that work if the part that is copied in the edition —
(a)
does not exceed, in the aggregate —
(i)
10% of the total number of bytes in that edition; or
(ii)
10% of the total number of words in that edition or, where it is not practicable to use the total number of words as a measure, 10% of the contents of that edition; or
(b)
in a case where the work is divided into chapters, exceeds, in the aggregate —
(i)
10% of the total number of bytes in that edition; or
(ii)
10% of the total number of words in that edition or, where it is not practicable to use the total number of words as a measure, 10% of the contents of that edition,
but contains only the whole or part of a single chapter of the work.
[38/99; 52/2004]
(3)  In this Act, unless the contrary intention appears —
(a)
a reference to the body administering an educational institution, an institution assisting persons with reading disabilities or an institution assisting intellectually handicapped readers shall be read as —
(i)
in a case where the institution is a body corporate, a reference to the institution; or
(ii)
in any other case, a reference to the body or person (including the Government) having ultimate responsibility for the administration of the institution;
(b)
a reference to the body administering a library or archives shall be read as a reference to the body (whether incorporated or not), or the person (including the Government), having ultimate responsibility for the administration of the library or archives;
(c)
a reference to a copy of a sound recording shall be read as a reference to a record embodying a sound recording or a substantial part of a sound recording being a record derived, directly or indirectly, from a record produced upon the making of a sound recording;
(d)
a reference to the copying records of an educational institution, an institution assisting persons with reading disabilities or an institution assisting intellectually handicapped readers shall be read as a reference to the collection of —
(i)
the relevant records in respect of copies of articles and other works made by or on behalf of the body administering the institution in reliance on section 52;
(ii)
the relevant records in respect of copies of articles and other works made by or on behalf of the body administering the institution in reliance on section 54;
(iii)
the relevant records in respect of copies of articles and other works made by or on behalf of the body administering the institution in reliance on section 54A,
other than any such records as have been duly destroyed by, or by authority of, the body administering that institution;
(e)
a reference to the custodian in charge of the copying records of an educational institution, an institution assisting persons with reading disabilities or an institution assisting intellectually handicapped readers shall be read as a reference to the person having responsibility for the day-to-day administration of the institution;
(f)
a reference to the making, by reprographic reproduction, of a copy of a document, or of the whole or a part of a work, shall be read as a reference to the making of a facsimile copy of the document or the whole or that part of the work, being a facsimile copy of any size or form;
(g)
a reference to a copy of a work or other subject‑matter, or of a part of a work or other subject‑matter, for a person with a reading disability shall be read as a reference to an accessible format copy of the work or subject‑matter —
(i)
made, on a non‑profit basis, by or on behalf of the body administering an institution assisting persons with reading disabilities or an educational institution, for use by a person with a reading disability for a permitted purpose within the meaning of section 54; and
(ii)
made available or distributed, on a non‑profit basis, to a person with a reading disability for use by him for any of those permitted purposes;
(h)
a reference to an intellectually handicapped reader’s copy of a work, or of a part of a work, shall be read as a reference to a copy of a work, or of a part of a work, as the case may be, made by, or on behalf of, the body administering an institution assisting intellectually handicapped persons, being a copy that is made for the sole purpose of use in the provision, whether by the institution or otherwise, of assistance to any intellectually handicapped person;
(i)
a reference to a microform copy of the whole or a part of a work shall be read as a reference to a copy of the whole or part of the work produced by miniaturizing the graphic symbols of which the work is composed;
(j)
a reference to a periodical publication shall be read as a reference to an issue of a periodical publication and a reference to articles contained in the same periodical publication shall be read as a reference to articles contained in the same issue of that periodical publication;
(k)
a reference to a record embodying a sound recording shall be read as a reference to —
(i)
a record produced upon the making of a sound recording; or
(ii)
another record embodying the sound recording, directly or indirectly, derived from a record so produced;
(l)
a reference to a relevant record, or a relevant declaration, in relation to the making, in reliance on a particular section —
(i)
of a copy, a copy for a person with a reading disability, or an intellectually handicapped reader’s copy, of the whole or a part of a work or other subject‑matter; or
(ii)
of a copy of a sound recording,
shall be read as a reference to any record or declaration of a kind referred to in that section that is required by this Act to be made in relation to the making of that copy.
[6/98; 38/99]
(4)  Where —
(a)
a collection of documents or other material of historical significance or public interest that is in the custody of a body, whether corporate or unincorporate, is being maintained by the body for the purpose of conserving and preserving those documents or other material; and
(b)
the body does not maintain and operate the collection for the purpose of deriving a profit,
paragraph (b) of the definition of “archives” in subsection (1) shall apply to that collection.
(5)  For the purposes of this Act, telecommunication apparatus which is situated in Singapore and —
(a)
is connected to but not comprised in a telecommunication system; or
(b)
is connected to and comprised in a telecommunication system which extends beyond Singapore,
shall be regarded as a telecommunication system and any person who controls the apparatus shall be regarded as running the system.
[Aust. 1968, s. 10]
(6)  In this Act, an accessible format copy is made available to a person with a reading disability or a foreign institution assisting persons with reading disabilities if the copy is made available to —
(a)
the person with a reading disability; or
(b)
a person having responsibility for the day‑to‑day administration of the institution or another person authorised by the person having such responsibility,
on a network or otherwise, in such a way that the copy may be accessed by the person referred to in paragraph (a) or (b) (as the case may be) from a place and at a time chosen by the person.
Literary works include compilation and computer program
7A.
—(1)  For the purposes of this Act, “literary work” includes —
(a)
a compilation in any form; and
(b)
a computer program.
[38/99]
(2)  Any copyright subsisting in a compilation by virtue of Part III —
(a)
is limited to the selection or arrangement of its contents which constitutes an intellectual creation; and
(b)
is in addition to, and independent of, any right subsisting by virtue of Part III, IV or XII in any relevant material or data contained in the compilation.
[38/99]
(3)  For the purposes of this section —
“compilation” means —
(a)
a compilation, or table, consisting wholly of relevant materials or parts of relevant materials;
(b)
a compilation, or table, consisting partly of relevant materials or parts of relevant materials; or
(c)
a compilation, or table, of data other than relevant materials or parts of relevant materials,
which, by reason of the selection or arrangement of its contents, constitutes an intellectual creation;
“relevant material” means —
(a)
a work, including a computer program;
(b)
a sound recording;
(c)
a cinematograph film;
(d)
a published edition of a work;
(e)
a television or sound broadcast;
(f)
a cable programme; or
(g)
a recording of a performance within the meaning of Part XII.
[38/99]
Residence
8.
—(1)  For the purposes of this Act, a “person resident in Singapore” includes a person who, at the material time, is residing in Singapore by virtue of a valid pass lawfully issued to him under the Immigration Act (Cap. 133) to enter and remain in Singapore for any purpose otherwise than for a temporary purpose.
(2)  For the purposes of this Act, a person who, at a material time, was ordinarily resident in a country (including Singapore) but was temporarily absent from that country shall be treated as if he had been resident in that country at that time.
[Aust. 1968, s. 11]
Acts comprised in copyright
9.
—(1)  A reference in this Act to an act comprised in the copyright in a work or other subject-matter shall be read as a reference to any act that, under this Act, the owner of the copyright has the exclusive right to do.
(2)  For the purposes of this Act, the exclusive right to do an act in relation to a work, an adaptation of a work or any other subject-matter includes the exclusive right to authorise a person to do that act in relation to that work, adaptation or other subject-matter.
[Aust. 1968, s. 13]
Acts done in relation to substantial part of work or other subject-matter deemed to be done in relation to the whole
10.
—(1)  In this Act, unless the contrary intention appears —
(a)
a reference to the doing of an act in relation to a work or other subject-matter shall be read as including a reference to the doing of that act in relation to a substantial part of the work or other subject-matter; and
(b)
a reference to a reproduction, adaptation or copy of a work shall be read as including a reference to a reproduction, adaptation or copy of a substantial part of the work, as the case may be.
(2)  This section shall not affect the interpretation of any reference in sections 27, 185, 196 and 197 to the publication, or absence of publication, of a work.
[Aust. 1968, s. 14]
References to acts done with licence of owner of copyright
11.  For the purposes of this Act, an act shall be deemed to have been done with the licence of the owner of a copyright if the doing of the act was authorised by a licence binding the owner of the copyright.
[Aust. 1968, s. 15]
References to partial assignment of copyright
12.  A reference in this Act to a partial assignment of copyright shall be read as a reference to an assignment of copyright that is limited in any way.
[Aust. 1968, s. 16]
Libraries established or conducted for profit
13.  For the purposes of this Act, a library shall not be taken to be established or conducted for profit by reason only that the library is owned by a person carrying on business for profit.
[Aust. 1968, s. 18]
Names under which work is published
14.
—(1)  A reference in this Act to the name or names under which a work was published shall be read as a reference to the name or names specified in the work as the name of the author or the names of the authors of the work.
(2)  For the purposes of this Act, a publication of a work under 2 or more names shall not be taken to be pseudonymous unless all those names are pseudonyms.
[Aust. 1968, s. 20]
Reproduction of works
15.
—(1)  For the purposes of this Act, reproduction, in the case of a literary, dramatic or musical work, includes a reproduction in the form of a sound recording or cinematograph film of the work, and any record embodying such a recording and any copy of such a film shall be deemed to be a reproduction of the work.
(1A)  For the purposes of this Act, reproduction, in relation to any work, includes the making of a copy which is transient or is incidental to some other use of the work.
[38/99]
(1B)  Without limiting the meaning of the term “reproduced”, for the purposes of this Act, a literary, dramatic, musical or artistic work, including a reproduction of such work in the form of a sound recording or cinematograph film, is reproduced if it is converted into or from a digital or other electronic machine-readable form, and any article embodying the work or reproduction of the work in such a form is taken to be a reproduction of the work.
[52/2004]
(2)  Subsections (1), (1A) and (1B) shall apply in relation to an adaptation of a work in like manner as it applies in relation to a work.
[38/99; 52/2004]
(3)  For the purposes of this Act, an artistic work shall be deemed to have been reproduced —
(a)
in the case of a work in a 2-dimensional form — if a version of the work is produced in a 3-dimensional form; or
(b)
in the case of a work in a 3-dimensional form — if a version of the work is produced in a 2-dimensional form,
and the version of the work so produced shall be deemed to be a reproduction of the work.
(4)  Subsection (3) shall have effect subject to Division 9 of Part III.
[Aust. 1968, s. 21]
Provisions relating to the making of a work or other subject-matter
16.
—(1)  A reference in this Act to the time when, or the period during which, a literary, dramatic or musical work was made shall be read as a reference to the time when, or the period during which, as the case may be, the work was first reduced to writing or to some other material form.
(2)  For the purposes of this Act, a literary, dramatic or musical work that exists in the form of sounds embodied in an article or thing shall be deemed to have been reduced to a material form and to have been so reduced at the time when those sounds were embodied in that article or thing.
(3)  For the purposes of this Act —
(a)
a sound recording shall be deemed to have been made at the time when the first record embodying the recording was produced; and
(b)
the maker of the sound recording is the person who owned that record at that time.
(4)  For the purposes of this Act —
(a)
a reference to the making of a cinematograph film shall be read as a reference to the doing of the things necessary for the production of the first copy of the film; and
(b)
the maker of the cinematograph film is the person by whom the arrangements necessary for the making of the film were undertaken.
(5)  For the purposes of this Act, a television broadcast or sound broadcast shall be deemed to have been made by the person by whom, at the time when, and from the place from which —
(a)
the visual images or sounds in question, or both, as the case may be, are broadcast; or
(b)
in the case of a television broadcast or sound broadcast made by the technique known as direct broadcasting by satellite, the visual images or sounds in question, or both, as the case may be, are transmitted to the satellite transponder.
(6)  For the purposes of this Act, a communication other than a broadcast is taken to have been made by the person responsible for determining the content of the communication at the time the communication is made.
[52/2004]
[Aust. 1968, s. 22]
Storage in computer or on any other medium
17.  References in this Act to the reduction of any work or of an adaptation of a work to a material form, or to the reproduction of any work or of an adaptation of a work in a material form, shall include references to the storage of that work or adaptation —
(a)
in a computer;
(b)
on any medium by electronic means; or
(c)
on any other medium from which the work or adaptation, or a substantial part of the work or adaptation, can be directly reproduced.
[38/99; 52/2004]
Sound recordings and records
18.
—(1)  For the purposes of this Act, sounds embodied in a sound-track associated with visual images forming part of a cinematograph film shall be deemed not to be a sound recording.
(2)  A reference in this Act to a record of a work or other subject-matter shall, unless the contrary intention appears, be read as a reference to a record by means of which the work or other subject-matter can be performed.
[Aust. 1968, s. 23]
References to sounds and visual images embodied in an article
19.  For the purposes of this Act, sounds or visual images shall be taken to have been embodied in an article or thing if the article or thing has been so treated in relation to those sounds or visual images that those sounds or visual images are capable, with or without the aid of some other device, of being reproduced from the article or thing.
[Aust. 1968, s. 24]
Provisions relating to broadcasting
20.
—(1)  A reference in this Act to broadcasting shall, unless the contrary intention appears, be read as a reference to broadcasting whether by way of sound broadcasting or of television.
(2)  A reference in this Act to the doing of an act by the reception of a television broadcast or sound broadcast shall be read as a reference to the doing of that act by means of receiving a broadcast from —
(a)
the transmission by which the broadcast is made; or
(b)
a transmission made otherwise than by way of broadcasting, but simultaneously with the transmission referred to in paragraph (a),
whether the reception of the broadcast is directly from the transmission concerned or from re-transmission made by any person from any place.
(3)  Where a record embodying a sound recording or a copy of a cinematograph film is used for the purpose of making a broadcast (referred to in this subsection as the primary broadcast), a person who makes a broadcast (referred to in this subsection as the secondary broadcast) by receiving and simultaneously making a further transmission of —
(a)
the transmission by which the primary broadcast was made; or
(b)
a transmission made otherwise than by way of broadcasting but simultaneously with the transmission referred to in paragraph (a),
shall, for the purposes of this Act, be deemed not to have used the record or copy for the purpose of making the secondary broadcast.
(4)  In this Act —
(a)
a reference to a cinematograph film of a television broadcast shall be read as including a reference to a cinematograph film, or a photograph, of any of the visual images comprised in the broadcast; and
(b)
a reference to a copy of a cinematograph film of a television broadcast shall be read as including a reference to a copy of a cinematograph film, or a reproduction of a photograph, of any of those images.
(5)  In this section, “re-transmission” means any re-transmission, whether over paths provided by a material substance or not, and includes a re-transmission made by making use of any article or thing in which the visual images or sounds constituting the broadcast, or both, as the case may be, have been embodied.
[Aust. 1968, s. 25]
Cable programmes
21.
—(1)  A reference in this Act to the inclusion of a programme in a cable programme service is a reference to its inclusion in such a service by the person providing that service.
(2)  For the purposes of this Act, no account shall be taken of a cable programme service if, and to the extent that, it is provided for a person providing another such service.
[15/94]
(3)  Where a service of distributing matter over wires or over other paths provided by a material substance is only incidental to, or part of, a service of transmitting telegraphic or telephonic communications, a subscriber to the last-mentioned service shall be taken, for the purposes of this section, to be a subscriber to the first-mentioned service.
Performance
22.
—(1)  Subject to this section, unless the context otherwise requires, a reference in this Act to “performance” shall —
(a)
be read as including a reference to any mode of visual or aural presentation, whether the presentation is by the use of any receiving apparatus, by the exhibition of a cinematograph film, by the use of a record or by any other means; and
(b)
in relation to a lecture, an address, a speech or a sermon, be read as including a reference to delivery,
and a reference in this Act to performing a work or an adaptation of a work shall have a corresponding meaning.
[52/2004]
(2)  For the purpose of this Act, the communication of a work or other subject-matter to the public shall not —
(a)
constitute a performance; or
(b)
amount to causing visual images to be seen or sounds to be heard.
[52/2004]
(3)  For the purposes of this Act, where visual images are displayed or sounds are emitted by any receiving apparatus to which they are communicated, the operation of any device or equipment by which the images or sounds are communicated, directly or indirectly, to the receiving apparatus does not constitute a performance or amount to causing images to be seen or sounds to be heard but, insofar as the display of the images or emission of the sounds constitutes a performance, or causes the images to be seen or the sounds to be heard, the performance, or the causing of the images to be seen or sounds to be heard, as the case may be, shall be deemed to be effected by the operation of the receiving apparatus.
[52/2004]
(4)  Without prejudice to subsections (2) and (3), where a work or an adaptation of a work is performed or visual images are caused to be seen or sounds to be heard by the operation of any device or equipment referred to in subsection (3) or of any device or equipment for reproducing sounds by the use of a record, being device or equipment provided by or with the consent of the occupier of the premises where the device or equipment is situated, the occupier of those premises shall, for the purposes of this Act, be deemed to be the person giving the performance or causing the images to be seen or the sounds to be heard, whether he is the person operating the device or equipment or not.
[52/2004]
[Aust. 1968, s. 27]
Performance of works or other subject-matter by students or staff of educational institution, etc.
23.
—(1)  Where a musical work is performed by the students or staff of an educational institution in the premises of the institution or elsewhere in the presence of an audience and is so performed in the course of the activities of the institution, the performance shall, for the purposes of this Act, be deemed not to be a performance in public.
[52/2004]
(2)  Where a literary or dramatic work is performed by the students or staff of an educational institution in the premises of the institution or elsewhere in the presence of an audience and is so performed in the course of the activities of the institution, the performance shall, for the purposes of this Act, be deemed not to be a performance in public if the audience is limited to persons who are taking part in the instruction or are otherwise directly connected with the place where the instruction is given.
[52/2004]
(3)  For the purposes of subsection (2), a person shall be deemed to be directly connected with a place where instruction is given if he is a parent, guardian, brother or sister of a student who receives instruction at that place.
(4)  Subsections (2) and (3) shall apply in relation to cinematograph films, broadcasts, cable programmes and recordings of performances in like manner as they apply in relation to literary and dramatic works but, in the application of those subsections in relation to such films, broadcasts, cable programmes or recordings, any reference to the performance of the work shall be read as a reference to the act of causing the sounds concerned to be heard or the visual images concerned to be seen.
[52/2004]
(5)  For the purposes of this section, the staff of an educational institution shall include —
(a)
any adjunct staff of the educational institution; and
(b)
any person engaged by the educational institution to conduct any course of instruction, activity or programme of or offered by the educational institution.
[52/2004]
[Aust. 1968, s. 28]
Publication
24.
—(1)  Subject to this section, for the purposes of this Act —
(a)
a literary, dramatic, musical or artistic work, or an edition of such a work, shall be deemed to have been published if, but only if, reproductions of the work or an edition of that work have been supplied (whether by sale or otherwise) to the public;
(b)
a cinematograph film shall be deemed to have been published if, but only if, copies of the film have been sold, let on hire, or offered or exposed for sale or hire, to the public; and
(c)
a sound recording shall be deemed to have been published if, but only if, records embodying the recording or a part of the recording have been supplied (whether by sale or otherwise) to the public.
(2)  In determining, for the purposes of subsection (1)(a), whether reproductions of a work or an edition of that work have been supplied to the public, section 10 shall not apply.
(3)  For the purposes of this Act —
(a)
the performance of a literary, dramatic or musical work;
(b)
the supplying (whether by sale or otherwise) to the public of records of a literary, dramatic or musical work;
(c)
the exhibition of an artistic work;
(d)
the construction of a building or of a model of a building; or
(e)
the supplying (whether by sale or otherwise) to the public of photographs or engravings of a building, of a model of a building or of a sculpture,
shall not constitute publication of the work.
(4)  A publication that is merely colourable and is not intended to satisfy the reasonable requirements of the public shall be disregarded for the purposes of this Act except insofar as it may constitute an infringement of copyright or a breach of a duty under Part IX.
(5)  For the purposes of this Act, a publication in Singapore or in any other country shall not be treated as being other than the first publication by reason only of an earlier publication elsewhere, if the 2 publications took place within a period of not more than 30 days.
(6)  In determining, for the purposes of any provision of this Act whether —
(a)
a work or other subject-matter has been published;
(b)
a publication of a work or other subject-matter was the first publication of the work or other subject-matter; or
(c)
a work or other subject-matter was published or otherwise dealt with in the life-time of a person,
any unauthorised publication or the doing of any other unauthorised act shall be disregarded.
(7)  Subject to section 49, a publication or other act shall, for the purposes of subsection (6), be taken to have been unauthorised if, but only if —
(a)
copyright subsisted in the work or other subject-matter and the act concerned was done otherwise than by, or with the licence of, the owner of the copyright; or
(b)
copyright did not subsist in the work or other subject-matter and the act concerned was done otherwise than by, or with the licence of —
(i)
the author or, in the case of a sound recording, cinematograph film or edition of a work, the maker or publisher, as the case may be; or
(ii)
persons lawfully claiming under the author, maker or publisher.
(8)  Nothing in subsections (6) and (7) shall affect any provision of this Act relating to the acts comprised in a copyright or to acts constituting infringements of copyrights or any of the provisions of Part IX.
[Aust. 1968, s. 29]
Ownership of copyright for particular purposes
25.
—(1)  In the case of a copyright of which (whether as a result of a partial assignment or otherwise) different persons are the owners in respect of its application to —
(a)
the doing of different acts or classes of acts; or
(b)
the doing of one or more acts or classes of acts in different countries or at different times,
the owner of the copyright, for any purpose of this Act, shall be deemed to be the person who is the owner of the copyright in respect of its application to the doing of the particular act or class of acts, or to the doing of the particular act or class of acts in the particular country or at the particular time, as the case may be, that is relevant to that purpose, and a reference in this Act to the prospective owner of a future copyright of which different persons are the prospective owners shall have a corresponding meaning.
(2)  Without prejudice to subsection (1), where under any provision of this Act a question arises whether an article of any description has been imported or sold, or otherwise dealt with, without the licence of the owner of any copyright, the owner of the copyright, for the purpose of determining that question, shall be taken to be the person entitled to the copyright in respect of its application to the making of articles of that description in the country into which the article was imported, or, as the case may be, in which it was sold or otherwise dealt with.
(3)  Where reference is made in this Act to an imported article the making of which was carried out without the consent of the owner of the copyright, the reference to the owner of the copyright shall be read as a reference to —
(a)
the person entitled to the copyright in respect of its application to the making of an article of that description in the country where the article was made; or
(b)
if there is no person entitled to the copyright in respect of its application to the making of an article of that description in the country where the article was made, the person entitled to the copyright in respect of that application in Singapore.
(4)  The making of the article shall be deemed to have been carried out with the consent of the owner referred to in subsection (3) if, after disregarding all conditions as to the sale, distribution or other dealings in the article after its making, the article was made with his licence (other than a compulsory licence).
[14/94]
[Aust. 1968, s. 30]
Commercial rental arrangement
25A.
—(1)  In this Act, “commercial rental arrangement”, in relation to a sound recording or a computer program, signifies an arrangement that has the following features:
(a)
regardless of the way in which the arrangement is expressed, it is in substance an arrangement under which a copy of the sound recording or computer program is made available by a person on terms that it will or may be returned to the person;
(b)
the arrangement is made in the course of the conduct of a business; and
(c)
the arrangement provides for the copy to be made available —
(i)
for payment in money or money’s worth; or
(ii)
as part of the provision of a service for which payment in money or money’s worth is to be made.
[6/98]
(2)  Notwithstanding anything in subsection (1), an arrangement shall not be regarded as a commercial rental arrangement if, regardless of the way in which the arrangement is expressed, it is an arrangement for the lending of a copy of a sound recording or computer program under which the amount payable is intended to be no more than —
(a)
the amount necessary to recover the costs, including overheads, of the arrangement; or
(b)
a deposit to secure the return of the copy.
[6/98]
[Aust. 1968, s. 30A]