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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 Handicapped Readers 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 TRIBUNAL

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 — Matter other than Works

Division 4 — Miscellaneous

Division 5 — Works made before 1st July 1912

Part XII PERFORMERS’ PROTECTION

Part XIII RIGHTS MANAGEMENT INFORMATION

THE SCHEDULE False Registration of Industrial Designs

Legislative History

Comparative Table

 
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On 23/10/2017, you requested the version in force on 30/12/1999 incorporating all amendments published on or before 05/03/2012.
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Copyright Act
(CHAPTER 63)

(Original Enactment: Act 2 of 1987)

REVISED EDITION 1999
(30th December 1999)
An Act relating to copyright and matters related thereto.
[10th April 1987]
PART I
PRELIMINARY
Short title
1.  This Act may be cited as the Copyright Act.
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.
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.
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.
Operation of other laws
6.  Nothing in this Act shall affect the operation of the law relating to breaches of trust or confidence.
PART II
INTERPRETATION
Interpretation
7.
—(1)  In this Act, unless the context otherwise requires —
“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 established under section 17 of the National Heritage Board Act (Cap. 196A);
(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 of the Layout-Designs of Integrated Circuits Act 1999 (Act 3 of 1999);
“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;
“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);
“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 19111 of the United Kingdom (U.K. 1911 c. 46) insofar as it has effect as part of the law of Singapore;
1  Repealed by section 203 of the Copyright Act 1987 (Act 2 of 1987), which is omitted in this Edition.
“Copyright Tribunal” or “Tribunal” means the Copyright Tribunal established under Part VII;
“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 full-time primary education or full-time secondary education is provided or both full-time primary education and full-time secondary education are provided;
(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 or tertiary education by correspondence or on an external study basis;
(d)
a school of nursing that is declared by regulations made under this Act to be an institution to which this paragraph applies;
(e)
an undertaking within a hospital, being an undertaking that conducts courses of study or training in the provision of medical services, or in the provision of services incidental to the provision of medical services, that is declared by regulations made under this Act to be an institution to which this paragraph applies;
(f)
a teacher education centre that is declared by regulations made under this Act to be an institution to which this paragraph applies;
(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,
and that is declared by regulations made under this Act to be an institution to which this paragraph applies;
(h)
an undertaking within a body administering an educational institution of a kind referred to in paragraphs (a) to (g) of this definition, 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 and that is declared by regulations made under this Act to be an institution to which this paragraph applies;
(i)
an institution, or an undertaking within a body administering an educational institution of a kind referred to in paragraphs (a) to (h) of this definition, 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 (h) of this definition, or to educational institutions of 2 or more such kinds, for the purpose of assisting those institutions in their teaching purposes and that is declared by regulations made under this Act to be an institution to which this paragraph applies,
but does not include an institution that is conducted for the profit, direct or indirect, of an individual or individuals;
“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;
“future copyright” means copyright to come into existence at a future time or upon the happening of a future event;
“handicapped reader” means —
(a)
a blind person;
(b)
a person suffering severe impairment of his sight;
(c)
a person unable to hold or manipulate books or to focus or move his eyes; or
(d)
a person suffering from a perceptual handicap;
“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 handicapped readers” means —
(a)
an educational institution; or
(b)
any other institution, not being an institution conducted for profit, direct or indirect, of an individual or individuals,
that has as its principal function, or one of its principal functions, the provision of literary or dramatic works to handicapped readers and that is declared by regulations made under this Act to be, for the purposes of this Act, an institution assisting handicapped readers;
“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;
“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;
“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;
“record” means a disc, tape, paper or other device in which sounds are embodied;
“regulations” means the regulations made under this Act;
“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;
“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]
(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]
(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, 10% of the total number of bytes in that edition; or
(b)
in a case where the work is divided into chapters, exceeds, in the aggregate, 10% of the total number of bytes in that edition but contains only the whole or part of a single chapter of the work.
[38/99]
(3)  In this Act, unless the contrary intention appears —
(a)
a reference to the body administering an educational institution, an institution assisting handicapped readers 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 handicapped readers 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 handicapped readers 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 handicapped reader’s copy of a work, or of a part of a work, shall be read as a reference to —
(i)
a record embodying a sound recording of the work, or of the part of the work, being a record that was made by, or on behalf of, the body administering an institution assisting handicapped readers for use by a handicapped reader for the purpose of research or study that he is undertaking or proposes to undertake or for the purpose of instructing himself on any matter; or
(ii)
a Braille version, large-print version or photographic version of the work, or of the part of the work, being a Braille version, large-print version or photographic version, as the case may be, made by, or on behalf of, the body administering the institution assisting handicapped readers for use by a handicapped reader for the purpose of research or study that he is undertaking or proposes to undertake or for the purpose of instructing himself on any matter;
(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 handicapped reader’s copy, or an intellectually handicapped reader’s copy, of the whole or a part of a work; 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.
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.
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.
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.
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.
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.
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.
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.
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]
(2)  Subsections (1) and (1A)shall apply in relation to an adaptation of a work in like manner as it applies in relation to a work.
[38/99]
(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.
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.
Storage in computer or on any medium by electronic means
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; or
(b)
on any medium by electronic means.
[38/99]
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.
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.
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.
Cable programmes
21.
—(1)  References in this Act to the inclusion of a programme in a cable programme service are references 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, 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 operation of wireless telegraphy 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, address, speech or 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.
(2)  For the purposes of this Act, broadcasting, or the causing of a work or other subject-matter to be included in a programme in a cable programme service, shall be deemed not to constitute performance or to constitute causing visual images to be seen or sounds to be heard.
(3)  Where visual images or sounds are displayed or emitted by any receiving apparatus to which they are conveyed by the transmission of electro-magnetic signals (whether over paths provided by a material substance or not), the operation of any apparatus by which the signals are transmitted, directly or indirectly, to the receiving apparatus shall be deemed not to constitute performance or to constitute causing visual images to be seen or sounds to be heard but, insofar as the display or emission of the images or 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.
(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 apparatus referred to in subsection (3) or of any apparatus for reproducing sounds by the use of a record, being apparatus provided by or with the consent of the occupier of the premises where the apparatus 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 apparatus or not.
Performance of works or other subject-matter by students, etc.
23.
—(1)  Where a musical work is performed by the studentsof 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.
(2)  Where a literary or dramatic work is performed by the students 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.
(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 in like manner as they apply in relation to literary, dramatic and musical works but, in the application of those subsections in relation to such films, any reference to performance 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.
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.
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]
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]
PART III
COPYRIGHT IN ORIGINAL LITERARY, DRAMATIC, MUSICAL AND ARTISTIC WORKS
Division 1 — Nature, Duration and Ownership of Copyright in Works
Nature of copyright in original works
26.
—(1)  For the purposes of this Act, unless the contrary intention appears, copyright, in relation to a work, is the exclusive right —
(a)
in the case of a literary, dramatic or musical work, to do all or any of the following acts:
(i)
to reproduce the work in a material form;
(ii)
to publish the work if the work is unpublished;
(iii)
to perform the work in public;
(iv)
to broadcast the work;
(v)
to include the work in a cable programme;
(vi)
to make an adaptation of the work;
(vii)
to do, in relation to a work that is an adaptation of the first-mentioned work, any of the acts specified in relation to the first-mentioned work in sub-paragraphs (i) to (vi);
(b)
in the case of an artistic work, to do all or any of the following acts:
(i)
to reproduce the work in a material form;
(ii)
to publish the work in Singapore or any country in relation to which this Act applies, if the work is unpublished;
(iii)
to include the work in a television broadcast;
(iv)
to include the work in a cable programme; and
(c)
in the case of a computer program, to enter into a commercial rental arrangement in respect of the program unless the program is not the essential object of the rental.
[6/98]
(2)  Subsection (1)(c) shall not extend to entry into a commercial rental arrangement in respect of a machine or device in which a computer program is embodied if the program is not able to be copied in the course of the ordinary use of the machine or device.
[6/98]
(3)  The reference in subsection (2) to a device shall not include a device of a kind ordinarily used to store computer programs, such as a floppy disc, a device of the kind commonly known as a CD ROM, or an integrated circuit.
[6/98]
(4)  Subsection (1)(c) shall not extend to entry into a commercial rental arrangement in respect of a computer program if —
(a)
the copy of the computer program, not being an infringing copy, was purchased by a person (referred to in this subsection as the program owner) before 16th April 1998;
(b)
the commercial rental arrangement is entered into in the ordinary course of a business conducted by the program owner; and
(c)
the program owner was conducting the same business, or another business that consisted of, or included, the making of commercial rental arrangements in respect of computer programs, when the copy was purchased.
[6/98]
Original works in which copyright subsists
27.
—(1)  Subject to the provisions of this Act, copyright shall subsist in an original literary, dramatic, musical or artistic work that is unpublished and of which the author —
(a)
was a qualified person at the time when the work was made; or
(b)
if the making of the work extended over a period — was a qualified person for a substantial part of that period.
(2)  Subject to the provisions of this Act, where an original literary, dramatic, musical or artistic work has been published —
(a)
copyright shall subsist in the work; or
(b)
if copyright in the work subsisted immediately before its first publication, copyright shall continue to subsist in the work,
if, but only if —
(c)
the first publication of the work took place in Singapore;
(d)
the author of the work was a qualified person at the time when the work was first published; or
(e)
the author died before that time but was a qualified person immediately before his death.
(3)  Notwithstanding subsection (2) but subject to the remaining provisions of this Act, copyright shall subsist in —
(a)
an original artistic work that is a building situated in Singapore; or
(b)
an original artistic work that is attached to, or forms part of, such a building.
(4)  In this section, “qualified person” means a citizen of Singapore or a person resident in Singapore.
Duration of copyright in original works
28.
—(1)  This section shall have effect subject to sections 27(2) and 29.
(2)  Subject to this section, where, by virtue of this Part, copyright subsists in a literary, dramatic or musical work, or in an artistic work other than a photograph, that copyright shall continue to subsist until the expiration of 50 years after the expiration of the calendar year in which the author of the work died.
(3)  If, before the death of the author of a literary, dramatic or musical work —
(a)
the work had not been published;
(b)
the work had not been performed in public;
(c)
the work had not been broadcast;
(d)
the work had not been included in a cable programme; and
(e)
records of the work had not been offered or exposed for sale to the public,
the copyright in the work shall continue to subsist until the expiration of 50 years after the expiration of the calendar year in which the work is first published, performed in public, or broadcast, or included in a cable programme, or records of the work are first offered or exposed for sale to the public, whichever is the earliest of those events to happen.
(4)  A reference in subsection (3) to the doing of an act in relation to a work shall be read as including a reference to the doing of that act in relation to an adaptation of the work.
(5)  If, before the death of the author of an engraving, the engraving had not been published, the copyright in the engraving shall continue to subsist until the expiration of 50 years after the expiration of the calendar year in which the engraving is first published.
(6)  Copyright subsisting in a photograph by virtue of this Part shall continue to subsist until the expiration of 50 years after the expiration of the calendar year in which the photograph is first published.
Duration of copyright in anonymous and pseudonymous work
29.
—(1)  Subject to subsection (2), where the first publication of a literary, dramatic or musical work, or of an artistic work other than a photograph, is anonymous or pseudonymous, section 28 shall not apply in relation to the work but any copyright subsisting in the work by virtue of this Part shall continue to subsist until the expiration of the period of 50 years after the expiration of the calendar year in which the work was first published.
(2)  Subsection (1) shall not apply in relation to a work if at any time before the expiration of the period referred to in that subsection, the identity of the author of the work is generally known or can be ascertained by reasonable inquiry.
Ownership of copyright in original works
30.
—(1)  This section shall have effect subject to Part X.
(2)  Subject to this section, the author of a literary, dramatic, musical or artistic work shall be entitled to any copyright subsisting in the work by virtue of this Part.
(3)  The operation of subsection (4), (5) or (6) in relation to copyright in a particular work may be excluded or modified by agreement.
(4)  Where a literary, dramatic or artistic work is made by the author in pursuance of the terms of his employment by the proprietor of a newspaper, magazine or similar periodical under a contract of service or apprenticeship and is so made for the purpose of publication in a newspaper, magazine or similar periodical, the proprietor shall be entitled to any copyright subsisting in the work by virtue of this Part insofar as the copyright relates to —
(a)
publication of the work in any newspaper, magazine or similar periodical; or
(b)
reproduction of the work for the purpose of its being so published,
but not otherwise.
(5)  Subject to subsection (4), where —
(a)
a person makes, for valuable consideration, an agreement with another person for the taking of a photograph, the painting or drawing of a portrait or the making of an engraving by the other person; and
(b)
the work is made in pursuance of the agreement,
the first-mentioned person shall be entitled to any copyright subsisting in the work by virtue of this Part, except that if the work is required for any particular purpose, that purpose shall be communicated to that other person and that other person shall be entitled to restrain the doing, otherwise than for that particular purpose, of any act comprised in the copyright in the work.
(6)  Where a literary, dramatic or artistic work to which subsections (4) and (5) do not apply, or a musical work, is made by the author in pursuance of the terms of his employment by another person under a contract of service or apprenticeship, that other person shall be entitled to any copyright subsisting in the work by virtue of this Part.
Division 2 — Infringement of Copyright in Works
Infringement by doing acts comprised in copyright
31.
—(1)  Subject to the provisions of this Act, the copyright in a literary, dramatic, musical or artistic work is infringed by a person who, not being the owner of the copyright, and without the licence of the owner of the copyright, does in Singapore, or authorises the doing in Singapore of, any act comprised in the copyright.
(2)  Sections 32 to 34 shall not affect the generality of sub- section (1).
Infringement by importation for sale or hire
32.  The copyright in a literary, dramatic, musical or artistic work is infringed by a person who, without the licence of the owner of the copyright, imports an article into Singapore for the purpose of —
(a)
selling, letting for hire, or by way of trade offering or exposing for sale or hire, the article;
(b)
distributing the article —
(i)
for the purpose of trade; or
(ii)
for any other purpose to an extent that will affect prejudicially the owner of the copyright; or
(c)
by way of trade exhibiting the article in public,
where he knows, or ought reasonably to know, that the making of the article was carried out without the consent of the owner of the copyright.
Infringement by sale and other dealings
33.
—(1)  The copyright in a literary, dramatic, musical or artistic work is infringed by a person who, in Singapore, and without the licence of the owner of the copyright —
(a)
sells, lets for hire, or by way of trade offers or exposes for sale or hire, an article; or
(b)
by way of trade exhibits an article in public,
where he knows, or ought reasonably to know, that the making of the article constituted an infringement of the copyright or, in the case of an imported article, the making of the article was carried out without the consent of the owner of the copyright.
(2)  For the purposes of subsection (1), the distribution of any articles —
(a)
for the purpose of trade; or
(b)
for any other purpose to an extent that affects prejudicially the owner of the copyright concerned,
shall be taken to be the sale of those articles.
Infringing copies made on machines installed in libraries and archives
34.  Where —
(a)
a person makes an infringing copy of, or part of, a work or a published edition of a work or of 2 or more works on a machine for the making, by reprographic reproduction, of copies of documents, being a machine installed by or with the approval of the body administering a library or archives on the premises of the library or archives, or outside those premises for the convenience of persons using the library or archives; and
(b)
there is affixed to, or in close proximity to, the machine, in a place readily visible to persons using the machine, a notice of the prescribed dimensions and in accordance with the prescribed form,
neither the body administering the library or archives nor the officer-in-charge of the library or archives shall be taken to have authorised the making of the infringing copy by reason only that the copy was made on that machine.
Division 3 — Acts not Constituting Infringements of Copyright Works
Fair dealing for purpose of research or study
35.
—(1)  A fair dealing with a literary, dramatic, musical or artistic work, or with an adaptation of a literary, dramatic or musical work, for the purpose of research or private study shall not constitute an infringement of the copyright in the work.
(2)  For the purposes of this Act, the matters to which regard shall be had, in determining whether a dealing with a literary, dramatic, musical or artistic work or with an adaptation of a literary, dramatic or musical work, being a dealing by way of copying the whole or a part of the work or adaptation, constitutes a fair dealing with the work or adaptation for the purpose of research or private study shall include —
(a)
the purpose and character of the dealing, including whether such dealing is of a commercial nature or is for non-profit educational purposes;
(b)
the nature of the work or adaptation;
(c)
the amount and substantiality of the part copied taken in relation to the whole work or adaptation; and
(d)
the effect of the dealing upon the potential market for, or value of, the work or adaptation.
(3)  Notwithstanding subsection (2), a dealing with a literary, dramatic or musical work, or with an adaptation of such a work, being a dealing by way of the copying, for the purposes of research or private study —
(a)
if the work or adaptation comprises an article in a periodical publication, of the whole or a part of that work or adaptation; or
(b)
in any other case, of not more than a reasonable portion of the work or adaptation,
shall be taken to be a fair dealing with that work or adaptation for the purpose of research or private study.
(4)  Subsection (3) shall not apply to a dealing by way of the copying of the whole or a part of an article in a periodical publication if another article in that publication, being an article dealing with a different subject-matter, is also copied.
(5)  (Deleted by Act 6/98)
Fair dealing for purpose of criticism or review
36.  A fair dealing with a literary, dramatic, musical or artistic work, or with an adaptation of a literary, dramatic or musical work, shall not constitute an infringement of the copyright in the work if it is for the purpose of criticism or review, whether of that work or of another work, and a sufficient acknowledgment of the work is made.
Fair dealing for purpose of reporting current events
37.  A fair dealing with a literary, dramatic, musical or artistic work, or with an adaptation of a literary, dramatic or musical work, shall not constitute an infringement of the copyright in the work if it is for the purpose of, or is associated with, the reporting of current events —
(a)
in a newspaper, magazine or similar periodical and a sufficient acknowledgment of the work is made; or
(b)
by means of broadcasting or a cable programme service or in a cinematograph film.
Reproduction for purposes of judicial proceedings or professional advice
38.  The copyright in a literary, dramatic, musical or artistic work is not infringed by anything done —
(a)
for the purposes of a judicial proceeding or of a report of a judicial proceeding;
(b)
for the purpose of seeking professional advice from an advocate and solicitor; or
(c)
for the purpose of, or in the course of, the giving of professional advice by an advocate and solicitor.
Back-up copy of computer program, etc.
39.
—(1)  Subject to subsection (2), the copyright in a literary work being a computer program is not infringed by the making of a reproduction of the work, or of a computer program being an adaptation of the work, if —
(a)
the reproduction is made by, or on behalf of, the owner of the copy (referred to in this section as the original copy) from which the reproduction is made; and
(b)
the reproduction is made for the purpose only of being used, by or on behalf of the owner of the original copy, in lieu of the original copy in the event that the original copy is lost, destroyed or rendered unusable.
(2)  Subsection (1) shall not apply to the making of a reproduc- tion of a computer program, or of an adaptation of a computer program, from an infringing copy of the computer program.
[6/98]
(3)  Notwithstanding section 31, it is not an infringement for the owner of a copy of a computer program or of a compilation within the meaning of section 7A in an electronic form to make or authorise the making of another copy or adaptation of that computer program or compilation provided that such a new copy or adaptation is created as an essential step in the utilisation of the computer program or compilation in conjunction with a machine and that it is used in no other manner.
[38/99]
(4)  Where an act is permitted under this section, it is irrelevant whether or not there exists any term or condition in an agreement which purports to prohibit or restrict the act, and such a term or condition shall, in so far as it purports to prohibit or restrict the act, be void.
[6/98]
(5)  For the purposes of this section, a reference to a copy of a computer program or compilation or of an adaptation of a computer program or compilation is a reference to any article in which the computer program, compilation or adaptation is reproduced in a material form.
[38/99]
Inclusion of works in collections for use by educational institutions
40.
—(1)  The copyright in a published literary, dramatic, musical or artistic work is not infringed by the inclusion of a short extract from the work, or, in the case of a published literary, dramatic or musical work, from an adaptation of the work, in a collection of literary, dramatic, musical or artistic works contained in a book, sound recording or cinematograph film and intended for use by educational institutions if —
(a)
the collection is described in an appropriate place in the book, on the label of each record embodying the recording or of its container, or in the film, as being intended for use by educational institutions;
(b)
the work or adaptation was not published for the purpose of being used by educational institutions; and
(c)
a sufficient acknowledgment of the work or adaptation is made.
(2)  Subsection (1) shall not apply in relation to the copyright in a work if, in addition to the extract concerned, 2 or more other extracts from, or from adaptations of, works (being works in which copyright subsists at the time when the collection is published) by the author of the first-mentioned work are contained in that collection, or are contained in that collection taken together with every similar collection, if any, of works intended for use by educational institutions and published by the same publisher within the period of 5 years immediately preceding the publication of the first-mentioned collection.
Accessories to imported articles
40A.
—(1)  The copyright in a work embodied in an accessory to an article is not infringed by a person who, without the licence of the owner of the copyright, imports the article into Singapore for a purpose mentioned in section 32(a), (b) or (c) unless the article is an infringing copy.
[14/94]
(2)  The operation of this Act in relation to a work embodied in an article shall not be affected by the operation of this section in relation to a work embodied in an accessory to the article.
[14/94]
(3)  If an article is imported into Singapore for a purpose mentioned in section 32(a), (b) or (c) and the importation is not, by reason of this section, an infringement of the copyright in a work embodied in an accessory to the article, the use of the accessory with the article for any such purpose shall not be an infringement of the copyright in the work, and section 33 shall not apply to the accessory.
[14/94]
Division 4 — Acts not Constituting Infringements of Copyright in Literary, Dramatic and Musical Works
Reading or recitation in public or for a broadcast
41.  The reading or recitation in public, or the inclusion in a sound broadcast or television broadcast or a cable programme of a reading or recitation, of an extract of reasonable length from a published literary or dramatic work, or from an adaptation of such a work, shall not constitute an infringement of the copyright in the work if a sufficient acknowledgment of the work is made.
Religious performances
42.  A performance of a literary, dramatic or musical work of a religious nature, or an adaptation of such a work, in the course of services at a place of worship or other religious assembly shall not constitute an infringement of the copyright in the work.
Reproduction for purpose of broadcasting
43.
—(1)  Where the broadcasting by a person of a literary, dramatic or musical work, or of an adaptation of such a work, would 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, but the making by the person of a sound recording or a cinematograph film of the work or adaptation would, apart from this subsection, constitute such an infringement, the copyright in the work is not infringed by his making such a recording or film solely for the purpose of the broadcasting of the work or adaptation.
(2)  Subsection (1) shall not apply in relation to a recording or film if a record embodying the recording or a copy of the film is used for a purpose other than —
(a)
the broadcasting of the work or adaptation 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 records embodying the recording or further copies of the film for the purpose of the broadcasting of the work or adaptation in such circumstances.
(3)  Subsection (1) shall not apply in relation to a recording or film where a record embodying the recording or a copy of the film is used for the purpose of the broadcasting of the work or adaptation by a person who is not the maker of the recording or 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 the Copyright Tribunal, on the application of either of them, to be equitable remuneration to the owner for the making of the recording or film.
[6/98]
(4)  A person who has given an undertaking referred to in subsection (3) is liable, when the 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.
[6/98]
(5)  Subsection (1) shall not apply in relation to a recording or film unless all the records embodying the recording or 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 recording or film made by a non-profit organisation solely for its own broadcast, 2 years, commencing on the day on which any of the records embodying the recording or any of the copies of the film is first used for broadcasting the work or adaptation in accordance with that subsection; or
(b)
before the expiration of such further period, if any, as is agreed between the maker of the recording or film and the owner of the copyright in the work.
[6/98]
Division 5 — Copying of Works in Libraries
Interpretation of this Division
44.  In this Division, a reference to an article contained in a periodical publication shall be read as a reference to anything (other than an artistic work) appearing in such a publication.
[6/98]
Copying by libraries and archives for users
45.
—(1)  A person may furnish to the officer-in-charge of a library (not being a library that is conducted for the profit, direct or indirect, of an individual or individuals) or the officer-in-charge of archives —
(a)
a request in writing to be supplied with a copy of an article, or a part of an article, contained in a periodical publication or of the whole or a part of a published literary, dramatic or musical work other than an article contained in a periodical publication; and
(b)
a declaration signed by him stating —
(i)
that he requires the copy for the purpose of research or private study and will not use it for any other purpose; and
(ii)
that he has not previously been supplied with a copy of that article or other work, or the same part of the article or other work, as the case may be, by an authorised officer of the library or archives, or that he has lost, destroyed or damaged any such copy previously supplied to him.
(2)  Subject to this section, where a request and declaration referred to in subsection (1) are furnished to the officer-in-charge of a library or archives, an authorised officer of the library or archives may, unless the declaration contains a statement that to his knowledge is untrue in a material particular, make, or cause to be made, the copy to which the request relates and supply the copy to the person who made the request.
(3)  Where a charge is made for making and supplying a copy to which a request under subsection (1) relates, subsection (2) shall not apply in relation to the request if the amount of the charge exceeds the cost of making and supplying the copy and a reasonable contribution to the general expenses of the library.
(4)  Subsection (2) shall not apply in relation to a request for a copy of, or parts of, 2 or more articles contained in the same periodical publication unless the articles relate to the same subject-matter.
(5)  Subsection (2) shall not apply to a request for a copy of the whole of a literary, dramatic or musical work (other than an article contained in a periodical publication), or to a copy of a part of such a work that contains more than a reasonable portion of the work unless —
(a)
the work forms part of the library or archives collection; and
(b)
before the copy is made, an authorised officer of the library has, after reasonable investigation, made a declaration stating that he is satisfied that a copy (not being a secondhand copy) of the work cannot be obtained within a reasonable time at an ordinary commercial price.
[6/98]
(6)  The copyright in an article contained in a periodical publication is not infringed by the making, in relation to a request under subsection (1), of a copy of the article, or of a part of the article, in accordance with subsection (2) unless the copy is supplied to a person other than the person who made the request.
(7)  The copyright in a published literary, dramatic or musical work other than an article contained in a periodical publication is not infringed by the making, in relation to a request under subsection (1), of a copy of the work, or of a part of the work, in accordance with subsection (2) unless the copy is supplied to a person other than the person who made the request.
(8)  The regulations may exclude the application of subsection (6) or (7) in such cases as are specified in the regulations.
Copying by libraries or archives for other libraries or archives
46.
—(1)  The officer-in-charge of a library may request, or cause another person to request, the officer-in-charge of another library to supply the officer-in-charge of the first-mentioned library with a copy of an article, or a part of an article, contained in a periodical publication, or of the whole or a part of a published literary, dramatic or musical work other than an article contained in a periodical publication —
(a)
for the purpose of including the copy in the collection of the first-mentioned library, not being in substitution for a subscription to such periodical publication or work or a purchase of such work; or
(b)
for the purpose of supplying the copy to a person who has made a request for the copy under section 45.
(2)  Subject to this section, where a request is made by or on behalf of the officer-in-charge of a library to the officer-in-charge of another library under subsection (1), an authorised officer of the last-mentioned library may make, or cause to be made, the copy to which the request relates and supply the copy to the officer-in-charge of the first-mentioned library.
(3)  Where, under subsection (2), an authorised officer of a library makes a copy of the whole or a part of a work and supplies it to the officer-in-charge of another library in accordance with a request made under subsection (1) —
(a)
the copy shall, for all purposes of this Act, be deemed to have been made on behalf of an authorised officer of the other library for the purpose for which the copy was requested; and
(b)
an action shall not be brought against the body administering that first-mentioned library, or against any officer or employee of that library, for infringement of copyright by reason of the making or supplying of that copy.
(4)  Subject to this section, where a copy of the whole or a part of an article contained in a periodical publication, or of any other published literary, dramatic or musical work is, by virtue of subsection (3), to be deemed to have been made on behalf of an authorised officer of a library, the copyright in the article or other work is not infringed by the making of the copy.
(5)  The regulations may exclude the application of subsection (4) in such cases as are specified in the regulations.
(6)  Where a charge is made for making and supplying a copy to which a request under subsection (1) relates, subsection (4) shall not apply in relation to the request if the amount of the charge exceeds the cost of making and supplying the copy and a reasonable contribution to the general expenses of the library.
(7)  Subsection (4) shall not apply to or in relation to a copy of the whole or a part of an article or other work that is, by virtue of subsection (3), to be deemed to have been made on behalf of an authorised officer of a library for a purpose referred to in subsection (1) unless, as soon as practicable after the request was made, an authorised officer of the library made a declaration that set out particulars of the request (including the purpose for which the copy was requested) and stated —
(a)
in a case where a copy of the whole or a part of the article or other work had previously been supplied, in accordance with a request under subsection (1), for the purpose of inclusion in the collection of the library — that the copy so supplied had been lost, destroyed or damaged, whichever was appropriate; and
(b)
in a case where the copy was a copy of the whole of a literary, dramatic or musical work (other than an article contained in a periodical publication) or of a part of such a work that contains more than a reasonable portion of the work — that the copy was made and supplied as part of an inter-library arrangement which does not have the effect or the purpose of enabling participating libraries to receive copies of the whole works or parts thereof, by way of systematic reproduction and supply of copies, in such aggregate quantities as substitutes for a subscription to or purchase of such works.
(8)  In this section, a reference to a library shall be read as a reference to a library other than a library that is conducted for the profit, direct or indirect, of an individual or individuals, and as including a reference to archives.
Copying of unpublished works in libraries or archives
47.
—(1)  Where, at a time more than 50 years after the expiration of the calendar year in which the author of a literary, dramatic or musical work, or of an artistic work being a photograph or engraving, died, and more than 75 years after the time at which, or the expiration of the period during which, the work was made, copyright subsists in the work but —
(a)
the work has not been published; and
(b)
the original version, or a copy, of the work is kept in the collection of a library or archives where it is, subject to any regulations governing that collection, open to public inspection,
the copyright in the work is not infringed —
(i)
by the making of a copy of the work by a person for the purpose of research or private study or with a view to publication; or
(ii)
by the making of a copy of the work by, or on behalf of, the officer-in-charge of that library or archives if the copy is supplied to a person who satisfies the officer-in-charge of that library or archives that he requires the copy for the purpose of research or private study or with a view to publication and that he will not use it for any other purpose.
[38/99]
(2)  Where the original version, or a copy, of a thesis or other similar literary work that has not been published is kept in a library of a university or other similar institution or in an archives, the copyright in the thesis or other work is not infringed by the making of a copy of the thesis or other work by or on behalf of the officer-in-charge of the library or archives if the copy is supplied to a person who satisfies an authorised officer of the library or archives that he requires the copy for the purpose of research or private study.
[38/99]
Copying of works for preservation and other purposes
48.
—(1)  Subject to subsection (4), the copyright in a work that forms, or formed, part of the collection of a library or archives is not infringed by the making, by or on behalf of the officer-in-charge of the library or archives, of a copy of the work —
(a)
if the work is the original version of the work — for the purpose of preserving the original version against loss or deterioration or for the purpose of research that is being, or is to be, carried out at the library or archives in which the work is held or at another library or other archives;
(b)
if the work is held in the collection in a published form but has been damaged or has deteriorated — for the purpose of replacing the work; or
(c)
if the work has been held in the collection in a published form but has been lost or stolen — for the purpose of replacing the work.
[38/99]
(2)  The copyright in a work that is held in the collection of a library or archives is not infringed by the making, by or on behalf of the officer-in-charge of the library or archives, for a purpose other than a purpose for which a copy may be made under subsection (1), of a single copy of the work so held.
[38/99]
(3)  Subsection (1) shall not apply in relation to a work held in published form in the collection of a library or archives unless an authorised officer of the library or archives has, after reasonable investigation, made a declaration stating that he is satisfied that a copy (not being a secondhand copy) of the work cannot be obtained within a reasonable time at an ordinary commercial price.
(4)  Where a copy of an unpublished work is made under subsection (1) by or on behalf of the officer-in-charge of a library or archives for the purpose of research that is being, or is to be, carried out at another library or archives, the supply of the copy by or on behalf of the officer to the other library or archives does not, for any purpose of this Act, constitute publication of the work.
[38/99]
Publication of unpublished works kept in libraries
49.
—(1)  Where —
(a)
a published literary, dramatic or musical work (referred to in this section as the new work) incorporates the whole or a part of a work (referred to in this section as the old work) to which section 47(1) applied immediately before the new work was published;
(b)
before the new work was published, the prescribed notice of the intended publication of the work had been given; and
(c)
immediately before the new work was published, the identity of the owner of the copyright in the old work was not known to the publishers of the new work,
then, for the purposes of this Act, the first publication of the new work, and any subsequent publication of the new work whether in the same or in an altered form, shall, insofar as it constitutes a publication of the old work, be deemed not to be an infringement of the copyright in the old work or an unauthorised publication of the old work.
(2)  Subsection (1) shall not apply to a subsequent publication of the new work incorporating a part of the old work that was not included in the first publication of the new work unless —
(a)
section 47(1) would, but for this section, have applied to that part of the old work immediately before that subsequent publication;
(b)
before that subsequent publication, the prescribed notice of the intended publication had been given; and
(c)
immediately before that subsequent publication, the identity of the owner of the copyright in the old work was not known to the publisher of that subsequent publication.
(3)  Where a work, or part of a work, has been published and, by virtue of this section, the publication is to be deemed not to be an infringement of the copyright in the work, the copyright in the work is not infringed by a person who, after that publication took place, broadcasts the work or that part of the work, as the case may be, or includes it in a cable programme or performs it in public, or makes a record of it.
Application of Division to illustrations accompanying articles and other works
50.  Where an article, thesis or literary, dramatic or musical work is accompanied by artistic works provided for the purpose of explaining or illustrating the article, thesis or other work (referred to in this section as the illustrations), the provisions of this Division shall apply as if —
(a)
where any of those sections provides that the copyright in the article, thesis or work is not infringed — the reference to that copyright included a reference to any copyright in the illustrations;
(b)
a reference in section 45, 46, 47 or 48 to a copy of the article, thesis or work included a reference to a copy of the article, thesis or work together with a copy of the illustrations;
(c)
a reference in section 45 or 46 to a copy of a part of the article or work included a reference to a copy of that part of the article or work together with a copy of the illustrations that were provided for the purpose of explaining or illustrating that part; and
(d)
a reference in section 48 or 49 to the doing of any act in relation to the work included a reference to the doing of that act in relation to the work together with the illustrations.
Division 6 — Copying of Works for Educational Purposes
Copying by non-reprographic means for purpose of a course of education
50A.
—(1)  Copyright in a work is not infringed by its being copied for the purposes of a course of education, provided the copying —
(a)
is done by a person conducting or undergoing the course of education; and
(b)
is not by means of a reprographic process.
[6/98]
(2)  For the purpose of this section —
“electronic” means actuated by electric, magnetic, electro-magnetic, electro-chemical or electro-mechanical energy;
“facsimile copy” includes a copy that is reduced or enlarged in scale;
“in electronic form” means in a form usable only by electronic means;
“reprographic process” means a process —
(a)
for making facsimile copies; or
(b)
involving the use of an appliance for making multiple copies,
and includes, in relation to a work held in electronic form, any copying by electronic means, but does not include the making of a cinematograph film or sound recording.
[6/98]
Multiple copying of insubstantial portions of works
51.
—(1)  Copyright in a literary or dramatic work is not infringed by the making of one or more copies of a part of the work in an edition of the work by any person if the copying is carried out on the premises of an educational institution for the purposes of a course of education provided by the institution.
[38/99]
(2)  Subsection (1) does not apply to the making of a copy of the whole of a work.
[38/99]
(3)  Subsection (1) does not apply to the making of a copy of more than 5 of the pages of a work in an edition of the work unless —
(a)
there are more than 500 pages in the edition; and
(b)
the total number of pages so copied does not exceed 5% of the total number of pages in the edition.
[38/99]
(4)  Subsection (1) does not apply to the making of a copy of a part of a work in an edition of the work, being an edition stored on any medium by electronic means and not divided into pages, if the part copied exceeds, in the aggregate, 5% of the total number of bytes in the edition.
[38/99]
(5)  Where —
(a)
a person makes or causes to be made a copy of a part of a work; and
(b)
subsection (1) applies to the making of that copy,
that subsection does not apply to the making, by or on behalf of that person, of a copy of any other part of that work within 14 days after the day on which the previous copy was made.
[38/99]
(6)  In this section —
(a)
a reference to an edition of a work includes a reference to an edition of works that include that work; and
(b)
a reference to the making of a copy of a part of a work on the premises of an educational institution for the purposes of a course of education provided by the institution includes a reference to the making of a copy of that part in an electronic form on a network operated or controlled by the educational institution concerned to enable persons undertaking a course of education provided by the educational institution to access the work.
[38/99]
Multiple copying under statutory licence by educational institutions
52.
—(1)  Subject to this section, the copyright in an article contained in a periodical publication is not infringed by the making of copiesof the whole or a part of that article, by or on behalf of the body administering an educational institution for the educational purposes of that or another educational institution.
[6/98]
(2)  Subject to this section, the copyright in a work, other than an article in a periodical publication, is not infringed by the making of copies of the whole or a part of that work, by or on behalf of the body administering an educational institution for the educational purposes of that or another educational institution.
[6/98]
(3)  (Deleted by Act 6/98)
(4)  Subsection (1) shall not apply in relation to copies of, or of parts of, 2 or more articles contained in the same periodical publication unless the articles relate to the same subject-matter.
(5)  Subsection (2) shall not apply in relation to copies of, or of more than a reasonable portion of, a work that has been separately published unless the person who makes the copies, or causes the copies to be made, for or on behalf of the body administering the educational institution, is satisfied, after reasonable investigation, that copies (not being secondhand copies) of the work cannot be obtained within a reasonable time at an ordinary commercial price.
(6)  Subsection (1) shall not apply to copies of the whole or a part of an article contained in a periodical publication, being copies made, by or on behalf of the body administering an educational institution, for the educational purposes of an educational institution, unless there is made, by or on behalf of that body, as soon as practicable after the making of those copies, a record of the copying setting out such particulars as may be prescribed by the regulations.
[6/98]
(7)  Subsection (2) shall not apply to copies of the whole or a part of a work (not being an article contained in a periodical publication), being copies made, by or on behalf of the body administering an educational institution, for the educational purposes of an educational institution, unless there is made, by or on behalf of that body, as soon as practicable after the making of those copies, a record of the copying setting out such particulars as may be prescribed by the regulations.
[6/98]
(8)  For the purposes of subsections (6) and (7), a record of the copying of a work or a part of a work —
(a)
shall be kept in writing or in any other manner prescribed by the regulations; and
(b)
if it is kept in writing, shall be in accordance with the prescribed form.
(9)  Where copies of, or of part of, a work, other than an article in a periodical publication, made as provided in subsection (2) by or on behalf of an educational institution for the educational purposes of an educational institution —
(a)
are made for distribution to persons undertaking a correspondence course, or an external study course, provided by the educational institution for the educational purposes of which those copies are made, otherwise than as a part of the lecture notes prepared in connection with that course; and
(b)
do not contain more than a reasonable portion of the work,
the record made in relation to them in accordance with subsection (7) may state that they are copies to which this subsection applies.
[6/98]
(10)  Where copies of, or of part of, a work consisting of an article in a periodical publication made, as provided in subsection (1), by or on behalf of the body administering an educational institution for the educational purposes of an educational institution are made for distribution to persons undertaking a correspondence course, or an external study course, provided by the educational institution for the educational purposes of which those copies are made, otherwise than as a part of the lecture notes prepared in connection with that course, the record made in relation to them in accordance with subsection (6) may state that they are copies to which this subsection applies.
[6/98]
(11)  Where copies of the whole or a part of a work, not being copies stated in the record to be copies to which subsection (9) or (10) applies, are made by or on behalf of the body administering an educational institution and, by virtue of this section, the making of those copies does not infringe copyright in the work, that body shall, if the owner of the copyright in the work makes a request, in writing, at any time during the prescribed period after the making of the copies, for payment for the making of the copies, pay to the owner such an amount by way of equitable remuneration for the making of those copies as is agreed upon between the owner and the body or, in default of agreement, as is determined by the Copyright Tribunal on the application of either the owner or the body.
(12)  Where the Copyright Tribunal has determined the amount of equitable remuneration payable to the owner of copyright in a work by the body administering an educational institution in relation to copies of the whole or a part of that work that have been made by or on behalf of that body in reliance on this section, the owner may recover that amount from the body in a court of competent jurisdiction as a debt due to him.
(13)  Nothing in this section shall affect the right of the owner of copyright in a work to grant a licence authorising the body administering an educational institution to make, or cause to be made, copies of the whole or a part of the work without infringement of that copyright.
(14)  For the purposes of this section, a reference to the making of copies of the whole or a part of an article contained in a periodical publication, or of a work, for the educational purposes of an educational institution includes the making of a copy of the whole of the article or work, or that part of the article or work, in an electronic form on a network operated or controlled by that or another educational institution to enable persons undertaking a course of education provided by that or another educational institution to access the article or work, or that part of the article or work.
[38/99]
Things done for purposes of examination
52A.  The copyright in a work is not infringed by anything done for the purposes of an examination, whether by way of setting the questions, communicating the questions to the candidates or answering the questions.
[6/98]
Application of Division to illustrations accompanying articles and other works
53.  Where an article or other literary, dramatic or musical work is accompanied by an artistic work or artistic works provided for the purpose of explaining or illustrating the article or other work, the provisions of this Division shall apply as if —
(a)
where any of those sections provides that the copyright in the article or other work is not infringed — the reference to that copyright included a reference to any copyright in that artistic work or those artistic works;
(b)
a reference in section 51 or 52 to a copy of an article or other work included a reference to a copy of the article or other work together with a copy of that artistic work or those artistic works;
(c)
a reference in section 51 or 52 to a copy of a part of an article or other work included a reference to a copy of that part of the article or other work together with a copy of the artistic work or artistic works provided for the purpose of explaining or illustrating that part;
(d)
a reference in section 51 to a copy of a page of a literary, dramatic or musical work in an edition of the work or of works that include the work included a reference to a copy of a page in such an edition that contained that work and an artistic work or artistic works provided for the purpose of explaining or illustrating that part of that work; and
(e)
a reference in section 51 to a copy of pages of a literary, dramatic or musical work in an edition of that work or of works that include that work included a reference to a copy of pages in such an edition that contained a part of that work and an artistic work or artistic works provided for the purpose of explaining or illustrating that part of that work.
Division 7 — Copying of Works in Institutions Assisting Handicapped Readers and Institutions Assisting Intellectually Handicapped Readers
Multiple copying under statutory licence by institutions assisting handicapped readers
54.
—(1)  The copyright in a literary or dramatic work that has been published is not infringed by the making, by or on behalf of the body administering an institution assisting handicapped readers, of a record embodying a sound recording of the work or of a part of the work, for use by a handicapped reader for the purpose of research or private study that he is undertaking or proposes to undertake, or for the purpose of otherwise instructing himself on any matter.
(2)  The copyright in a literary or dramatic work that has been published is not infringed by the making, by or on behalf of the body administering an institution assisting handicapped readers, of a Braille version, a large-print version or a photographic version, of the work or of a part of the work, for use by a handicapped reader for the purpose of research or private study that he is undertaking or proposes to undertake, or for the purpose of otherwise instructing himself on any matter.
(3)  Where a sound recording of a work has been published, subsection (1) shall not apply to the making of any record embodying a sound recording of the work (including a record that is a copy of that first-mentioned sound recording) for or on behalf of the body administering an institution assisting handicapped readers unless the person who makes that record, or causes that record to be made, is satisfied, after reasonable investigation, that no new record that embodies only a sound recording of the work can be obtained within a reasonable time at an ordinary commercial price.
(4)  Where a Braille version of a work has been separately published, subsection (2) shall not apply to the making of a Braille version of the work, or of a part of the work, unless the person who makes that version, or causes that version to be made, for or on behalf of the body administering an institution assisting handicapped readers is satisfied, after reasonable investigation, that no new copy of a Braille version of the work, being a version that has been separately published, can be obtained within a reasonable time at an ordinary commercial price.
(5)  Where a large-print version of a work has been separately published, subsection (2) shall not apply to the making of a large-print version of the work, or of a part of the work, unless the person who makes the version, or causes the version to be made, for or on behalf of the body administering an institution assisting handicapped readers is satisfied, after reasonable investigation, that no new copy of a large-print version of the work, being a version that has been separately published, can be obtained within a reasonable time at an ordinary commercial price.
(6)  Where a photographic version of a work has been separately published, subsection (2) shall not apply to the making of a photographic version of the work, or of a part of the work, unless the person who makes the version, or causes the version to be made, for or on behalf of the body administering an institution assisting handicapped readers is satisfied, after reasonable investigation, that no new copy of a photographic version of the work, being a version that has been separately published, can be obtained within a reasonable time at an ordinary commercial price.
(7)  Subsections (1) and (2) shall not apply to the reproduction of the whole or a part of an article contained in a periodical publication by way of the making, by or on behalf of the body administering an institution assisting handicapped readers, of a handicapped reader’s copy of the article or of that part of the article unless there is made, by or on behalf of that body, as soon as practicable after the making of that copy, a record of the copying setting out such particulars as may be prescribed by the regulations.
(8)  Subsections (1) and (2) shall not apply to the reproduction of the whole or a part of a work (not being an article contained in a periodical publication) by way of the making, by or on behalf of the body administering an institution assisting handicapped readers, of a handicapped reader’s copy of the work or of that part of the work unless there is made, by or on behalf of that body, as soon as practicable after the making of that copy, a record of the copying setting out such particulars as may be prescribed by the regulations.
(9)  For the purposes of subsections (7) and (8), a record of the copying of a work or a part of a work —
(a)
shall be kept in writing or in any other manner prescribed by the regulations; and
(b)
if it is kept in writing, shall be in accordance with the prescribed form.
(10)  Where a handicapped reader’s copy of the whole or a part of a work is made by or on behalf of the body administering an institution assisting handicapped readers and, by virtue of this section, the making of that copy does not infringe copyright in the work, that body shall, if the owner of the copyright in the work makes a request, in writing, at any time during the prescribed period after the making of the copy, for payment for the making of the copy, pay to the owner such an amount by way of equitable remuneration for the making of that copy as is agreed upon between the owner and the body, or, in default of agreement, such amount as is determined by the Copyright Tribunal on the application of either the owner or the body.
(11)  Where the Copyright Tribunal has determined the amount of equitable remuneration payable to the owner of copyright in a work by the body administering an institution assisting handicapped readers in relation to a handicapped reader’s copy of the whole or a part of that work that has been made by or on behalf of that body in reliance on this section, the owner may recover that amount from the body in a court of competent jurisdiction as a debt due to him.
(12)  Notwithstanding any other provision of this Act, copyright shall not vest in the maker of the handicapped reader’s copy by reason of his making that copy.
(13)  Nothing in this section shall affect the right of the owner of copyright in a work to grant a licence authorising the body administering an institution assisting handicapped readers to make, or cause to be made, sound recordings of, or Braille, large-print or photographic versions of, the whole or a part of the work without infringement of that copyright.
(14)  For the purposes of this section, a record, or a Braille version, a large-print version or a photographic version, of a work shall be taken to be a new record, or a new Braille version, a new large-print version or a new photographic version, of the work, as the case may be, if it is not a secondhand record, or a secondhand Braille version, a secondhand large-print version or a secondhand photographic version, of the work, as the case may be.
(15)  In this section, a reference to a photographic version of a work or a part of a work shall be read as a reference to a copy or copies of the work or a part of a work produced as a film-strip or series of separate transparencies designed to meet the needs of handicapped readers.
Multiple copying under statutory licence by institutions assisting intellectually handicapped readers
54A.
—(1)  The copyright in a work that has been published is not infringed by the making, by or on behalf of the body administering an institution assisting intellectually handicapped readers, of a copy of the whole or a part of the work, for use in the provision, whether by the institution or otherwise, of assistance to intellectually handicapped persons.
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(2)  Subsection (1) shall not apply to the making of any copy of a work, being a work that has been separately published in a form that would be suitable for use in the provision of the assistance referred to in that subsection, unless the person who makes that copy, or causes that copy to be made, for or on behalf of the body administering an institution assisting intellectually handicapped readers, is satisfied after reasonable investigation that no new copy of the work in a form suitable for use in the provision of that assistance can be obtained within a reasonable time at an ordinary commercial price.
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(3)  For the purposes of subsection (2), a copy shall be taken to be new if it is not secondhand.
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(4)  Subsection (1) shall not apply to the reproduction of the whole or a part of an article contained in a periodical publication by way of the making, by or on behalf of the body administering an institution assisting intellectually handicapped readers, of an intellectually handicapped reader’s copy of the article or of that part of the article unless there is made, by or on behalf of that body, as soon as practicable after the making of that copy, a record of the copying setting out such particulars as may be prescribed by regulations.
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(5)  Subsection (1) shall not apply to the reproduction of the whole or a part of a work (not being an article contained in a periodical publication) by way of the making, by or on behalf of the body administering an institution assisting intellectually handicapped readers, of an intellectually handicapped reader’s copy of the work or of that part of the work unless there is made, by or on behalf of that body, as soon as practicable after the making of that copy, a record of the copying setting out such particulars as may be prescribed by regulations.
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(6)  For the purposes of subsections (4) and (5), a record of the copying of a work or a part of a work —
(a)
shall be kept in writing or in any other manner prescribed by regulations; and
(b)
if it is kept in writing, shall be in accordance with the prescribed form.
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(7)  Where an intellectually handicapped reader’s copy of the whole or a part of a work is made by or on behalf of the body administering an institution assisting intellectually handicapped readers and, by virtue of this section, the making of that copy does not infringe copyright in the work, that body shall, if the owner of the copyright in the work makes a request, in writing, at any time during the prescribed period after the making of the copy, for payment for the making of the copy, pay to the owner such an amount by way of equitable remuneration for the making of that copy as is agreed upon between the owner and the body, or, in default of agreement, such amount as is determined by the Copyright Tribunal on the application of either the owner or the body.
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(8)  Where the Copyright Tribunal has determined the amount of equitable remuneration payable to the owner of the copyright in a work by the body administering an institution assisting handicapped readers in relation to an intellectually handicapped reader’s copy of the whole or a part of that work that has been made by or on behalf of that body in reliance on this section, the owner may recover that amount from the body in a court of competent jurisdiction as a debt due to him.
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(9)  Notwithstanding any other provision of this Act, copyright shall not vest in the maker of the intellectually handicapped reader’s copy by reason of his making that copy.
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(10)  Nothing in this section shall affect the right of the owner of the copyright in a work to grant a licence authorising the body administering an institution assisting intellectually handicapped readers to make, or cause to be made, copies of the whole or a part of the work without infringement of that copyright.
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Division 8 — Recording of Musical Works
Interpretation of this Division
55.
—(1)  For the purposes of this Division —
(a)
a reference to a musical work shall be read as a reference to the work in its original form or to an adaptation of the work;
(b)
a reference to the owner of the copyright in a literary, dramatic or musical work shall, unless the contrary intention appears, be read as a reference to the person who is entitled to authorise the making in, and the importation into, Singapore of records of the works; and
(c)
a reference to sale of a record by retail or to retail sale of a record shall be read as not including a reference to —
(i)
sale for a consideration not consisting wholly of money; or
(ii)
sale by a person not ordinarily carrying on the business of making or selling records.
(2)  For the purposes of this Division, where a musical work is comprised partly in one record and partly in another record or other records, all the records shall be treated as if they constituted a single record.
(3)  A reference in this Division to a record of a musical work does not include a reference to a sound-track associated with visual images forming part of a cinematograph film.
Conditions upon which manufacturer may make records of musical work
56.
—(1)  Subject to this Division, the copyright in a musical work is not infringed by a person (referred to in this section as the manufacturer) who makes a record of the work or an adaptation thereof in Singapore, if —
(a)
records of the work, or, as the case may be, of a similar adaptation of the work, have previously been made in, or imported into, Singapore for the purposes of retail sale, and were so made or imported by, or with the licence of, the owner of the copyright in the work;
(b)
before the making of the record, the manufacturer gave to the owner of the copyright the prescribed notice of his intention to make it;
(c)
the manufacturer intends to sell the record by retail, or to supply it for the purpose of its being sold by retail by another person, or intends to use it for making other records which are to be so sold or supplied; and
(d)
in the case of a record which is sold by retail or supplied for the purpose of its being sold by retail by another person, the manufacturer pays to the owner of the copyright, in the prescribed manner and at the prescribed time, a royalty of an amount ascertained in accordance with the provisions of this Division.
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(2)  Subsection (1) shall not apply in relation to a record of an adaptation of a musical work if the adaptation debases the work.
(3)  Without limiting the generality of subsection (1)(d), the regulations made for the purposes of that subsection may provide —
(a)
that payment of the royalties in respect of records, or of an amount, ascertained in accordance with the regulations, in respect of the royalties in respect of records, is, or is in such classes of cases as are specified in those regulations, to be made before the records are sold or supplied by the manufacturer; and
(b)
that the doing of such acts as are specified in those regulations, being such acts as the Minister considers convenient for ensuring the receipt by the owner of the copyright of the royalties in respect of records or, if the owner of the copyright cannot be found by reasonable inquiry, as the Minister considers reasonable in the circumstances, is to be deemed to constitute payment of the royalties.
Amount of royalty
57.
—(1)  Subject to this Division, the royalty payable in respect of a record is 5% of the retail selling price of the record, which shall be determined in the manner prescribed by the regulations.
(2)  If the royalty payable in respect of a record under this section includes a fraction of a cent that is less than or more than one-half of a cent —
(a)
where that fraction is less than one-half of a cent — that fraction shall be treated as one-half of a cent; and
(b)
where that fraction is more than one-half of a cent — that fraction shall be treated as a whole cent.
(3)  If, apart from this subsection, the royalty payable in respect of a record under this section would be less than one cent, that royalty shall be one cent.
Provisions relating to royalty where 2 or more works are on the one record
58.  Where a record comprises 2 or more musical works, whether or not there is any other matter comprised in the record —
(a)
if the record includes a work in which copyright does not subsist or works in which copyrights do not subsist — the royalty payable in respect of the record is, subject to paragraph (b), the amount that bears to the amount that, but for this section, would be the amount of the royalty the same proportion as the number of works in the record in which copyrights subsist bears to the total number of works in the record; and
(b)
if the record includes 2 or more works in which copyrights subsist —
(i)
subject to this Division, the royalty payable in respect of the record shall not be less than one cent in respect of each work in the record in which copyright subsists; and
(ii)
if the owners of the copyrights in the works in the record in which copyrights subsist are different persons — there shall be paid to the owner of the copyright in each work, in respect of that work, an amount ascertained by dividing the amount of the royalty payable in respect of the record by the number of works in the record in which copyrights subsist.
Revision of royalty and minimum royalty
59.
—(1)  If at any time after 10th April 1988 it appears to the Minister charged with the responsibility for trade and industry that the royalty, or the minimum royalty, payable in respect of records generally or in respect of records included in a particular class of records is not equitable, he may request the Copyright Tribunal to hold an inquiry into the matter and report the result of its inquiry to him.
(2)  At any time after the Copyright Tribunal has made a report in relation to the royalty, or the minimum royalty, payable in respect of records generally or in respect of records included in a particular class of records, the regulations may provide that the relevant provision of this Act, in its application in respect of records generally or in respect of records included in that class of records, as the case may be, shall have effect as if it were subject to such variations as are provided by the regulations, being such variations as the Minister thinks equitable.
(3)  Where the Copyright Tribunal has made a report in relation to the royalty, or the minimum royalty, payable in respect of records included in a particular class of records (whether the report related only to records included in that class or also related to other records), the Minister charged with the responsibility for trade and industry shall not, before the expiration of 5 years after the report was made, request the Tribunal to hold an inquiry under this section in relation to the royalty, or the minimum royalty, as the case may be, payable in respect of records included in that class.
(4)  In this section, “the relevant provision of this Act” means —
(a)
in relation to the royalty payable in respect of any records — section 57(1) or, if that section is affected by regulations made for the purposes of this section, that section as so affected; and
(b)
in relation to the minimum royalty payable in respect of any records — sections 57(3) and 58(b)(i) or, if those provisions are affected by regulations made for the purposes of this section, those provisions as so affected.
Conditions upon which manufacturer may include part of a literary or dramatic work in a record of a musical work
60.
—(1)  Where —
(a)
a person makes in Singapore a record comprising the performance of a musical work in which words are sung, or are spoken incidentally to or in association with the music, whether or not there is any other matter comprised in the record;
(b)
copyright does not subsist in that work or, if copyright so subsists, the requirements specified in section 56(1) are complied with in relation to that copyright;
(c)
the words consist or form part of a literary or dramatic work in which copyright subsists;
(d)
a record of the musical work in which those words, or words substantially the same as those words, were sung, or were spoken incidentally to or in association with the music has previously been made in, or imported into, Singapore for the purpose of retail sale and was so made or imported by, or with the licence of, the owner of the copyright in the literary or dramatic work; and
(e)
the like notice was given to the owner of the copyright in the literary or dramatic work as is required by section 56(1)(b) to be given to the owner of the copyright (if any) in the musical work and there is paid to the owner of the copyright in the literary or dramatic work such amount (if any) as is ascertained in accordance with this section,
the making of the record shall not constitute an infringement of the copyright in the literary or dramatic work.
(2)  Where copyright does not subsist in the musical work, the amount to be paid in respect of the literary or dramatic work is an amount equal to the royalty that, but for this section, would have been payable in respect of the musical work if copyright had subsisted in the musical work.
(3)  Where copyright subsists in the musical work as well as in the literary or dramatic work —
(a)
if the copyrights in those works are owned by the same person — an amount is not payable in respect of the literary or dramatic work; or
(b)
if the copyrights in those works are owned by different persons — the royalty that, but for this section, would have been payable in respect of the musical work shall be apportioned between them in such manner as they agree, or, in default of the agreement, as is determined by the Copyright Tribunal on the application of either of them.
(4)  Where the owner of the copyright in a musical work and the owner of the copyright in a literary or dramatic work do not agree on the manner in which an amount is to be apportioned between them but the person who made the record gives an undertaking in writing to each owner to pay to him the portion of that amount that the Tribunal determines to be payable to him, then —
(a)
paragraph (d) of section 56(1) and paragraph (e) of subsection (1) of this section shall have effect as if the payments referred to in those paragraphs had been made; and
(b)
the person who made the record shall be liable, when the amount to which an undertaking relates is determined, to pay that amount to the owner of the copyright to whom the undertaking was given and the owner may recover that amount in a court of competent jurisdiction from that person as a debt due to the owner.
(5)  The regulations made for the purposes of section 56(1)(d) in relation to payments to the owner of the copyright in a musical work shall have the like effect, with any necessary modifications, for the purposes of subsection (1)(e) in relation to payments to the owner of the copyright in a literary or dramatic work.
Making inquiries in relation to previous records
61.  Where —
(a)
a person makes inquiries, as prescribed, for the purpose of ascertaining whether a record of a musical work, or a record of a musical work in which words consisting or forming part of a literary or dramatic work were sung or spoken, has previously been made in, or imported into, Singapore by, or with the licence of, the owner of the copyright in the musical work or in the literary or dramatic work, as the case may be, for the purpose of retail sale or for use in making other records for the purpose of retail sale; and
(b)
an answer to those inquiries is not received within the prescribed period,
a record of that musical work, or a record of that work in which those words were sung or spoken, as the case may be, shall, for the purposes of the application of this Division —
(i)
in relation to the person who made the inquiries; or
(ii)
in relation to a person who makes records of the musical work, or records of that work in which those words or substantially the same words are sung or spoken, for the purpose of supplying those records to the person who made the inquiries in pursuance of an agreement entered into between those persons for the making of the records,
be taken to have been previously made in, or imported into, Singapore with the licence of the owner of that copyright for the purpose of retail sale or for use in making other records for the purpose of retail sale, as the case may be.
Application of Division in relation to record of part of a work
62.
—(1)  Subject to subsection (2), this Division shall apply in relation to a record of a part of a musical work in like manner as it applies in relation to a record of the whole of the work.
(2)  Section 56(1) shall not apply in relation to —
(a)
a record of the whole of a work unless the previous record referred to in paragraph (a) of that subsection was a record of the whole of the work; and
(b)
a record of a part of a work unless that previous record was a record of, or comprising, that part of the work.
Division 9 — Acts not Constituting Infringements of Copyright in Artistic Works
Sculptures and certain other works in public places
63.
—(1)  This section shall apply to sculptures and to works of artistic craftsmanship of the kind referred to in paragraph (c) ofthe 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.
Buildings and models of buildings
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.
Incidental filming or televising of artistic works
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.
Publication of artistic works
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.
Artistic works included in a cable programme
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.
Reproduction for purpose of including work in television broadcast or cable programme
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 the Copyright Tribunal, on the application of either of them, to be equitable remuneration to the owner for the making of the film.
(4)  A person who has given an undertaking referred to in subsection (3) shall be liable, when the 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.
(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 the 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.
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Reproduction of work in different dimensions
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.
Special exception for artistic works which have been industrially applied
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 more than 15 years before the useful article or reproduction is made.
(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.
Reproduction of part of work in later work
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.
Reconstruction of buildings
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.
Division 10 — Designs
Interpretation of this Division
73.
—(1)  In this Division “corresponding design”, in relation to an artistic work, means a design which, when applied to an article, results in a reproduction of that work.
(2)  In this Division —
(a)
references to the scope of the copyright in a registered design are references to the aggregate of the things, which, by virtue of the provisions of the United Kingdom Designs (Protection) Act (Cap. 339), the registered proprietor of the design has the exclusive right to do; and
(b)
references to the scope of the copyright in a registered design as extended to all associated designs and articles are references to the aggregate of the things which, by virtue of that written law, the registered proprietor would have had the exclusive right to do if —
(i)
when that design was registered, there had at the same time been registered every possible design consisting of that design with modifications or variations not sufficient to alter the character or substantially to affect the identity thereof, and that 50 years had been registered as the proprietor of every such design; and
(ii)
the design in question, and every other design such as is mentioned in sub-paragraph (i), had been registered in respect of all the articles to which it was capable of being applied.
Special exception in respect of industrial design
74.
—(1)  Where copyright subsists in an artistic work and a corresponding design is registered under the Registered Designs Act 1949 of the United Kingdom (U.K. 1949, c. 88), or any Act amending or substituting for that Act, it shall not be an infringement of the copyright in the work —
(a)
to do anything, during the subsistence of the copyright in the registered design, which is within the scope of the copyright in the design; or
(b)
to do anything, after the copyright in the registered design has come to an end, which, if it had been done while the copyright in the design subsisted, would have been within the scope of that copyright as extended to all associated designs and articles.
(1A)  Subsection (1) shall have effect subject to the provisions of the Schedule in cases falling within the Schedule.
(2)  Where copyright subsists in an artistic work, and —
(a)
a corresponding design is applied industrially (whether in Singapore or elsewhere) by or with the licence of the owner of the copyright in the work;
(b)
articles to which the design has been so applied are sold, let for hire, or offered for sale or hire whether in Singapore or elsewhere; and
(c)
at the time when those articles are sold, let for hire or offered or exposed for sale or hire, they are not articles in respect of which the corresponding design has been registered under the Registered Designs Act 1949 of the United Kingdom (U.K. 1949, c. 88), or any Act amending or substituting for that Act,
subsections (3), (4), (5) and (6) shall apply.
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(3)  Subject to subsection (5) —
(a)
during the relevant period of 25 years, it shall not be an infringement of the copyright in the work to do anything which, at the time when it is done, would have been within the scope of the copyright in the design if the design had, immediately before that time, been registered in respect of all relevant articles; and
(b)
after the end of the relevant period of 25 years, it shall not be an infringement of the copyright in the work to do anything which, at the time when it is done, would, if the design had been registered immediately before that time, have been within the scope of the copyright in the design as extended to all associated designs and articles.
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(4)  In subsection (3), “the relevant period of 25 years” means the period of 25 yearsbeginning with the date on which articles, such as are mentioned in subsection (2)(b), were first sold, let for hire or offered for sale or hire, whether in Singapore or elsewhere.
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(5)  For the purposes of subsections (2) and (3), no account shall be taken of any articles in respect of which, at the time when they were sold, let for hire, or offered for sale or hire, the design in question was excluded from registration under the provisions of the Registered Designs Act 1949 of the United Kingdom (U.K. 1949, c. 88), or any Act amending or substituting for that Act, by rules made under that Act or such other Act (which relates to the exclusion of designs for articles which are primarily literary or artistic in character).
(6)  For the purposes of any proceedings under this Act a design shall be conclusively presumed to have been excluded under subsection (5) if —
(a)
before the commencement of those proceedings, an application for the registration of the design under the Registered Designs Act 1949 of the United Kingdom, or any Act amending or substituting for that Act, in respect of those articles had been refused;
(b)
the reason or one of the reasons stated for the refusal was that the design was excluded from such registration by rules made under that Act or such other Act; and
(c)
no appeal against that refusal had been allowed before the date of the commencement of the proceedings or was pending on that date.
(7)  The regulations made for the purposes of this section may make provision for determining the circumstances in which a design is, for the purposes of this section, to be deemed to be applied industrially.
Division 11 — Works of Joint Authorship
References to all of joint authors
75.  Subject to this Division, a reference in this Act to the author of a work shall, unless otherwise expressly provided by this Act, be read, in relation to a work of joint authorship, as a reference to all the authors of the work.
References to any one or more of joint authors
76.  The references in sections 27 and 29(2) to the author of a work shall, in relation to a work of joint authorship, be read as references to any one or more of the authors of the work.
References to whichever of joint authors died last
77.  The references in sections 28 and 47 to the author of a work shall, in relation to a work of joint authorship other than a work to which section 78 applies, be read as references to the author who died last.
Works of joint authorship published under pseudonyms
78.
—(1)  This section shall apply to a work of joint authorship that was first published under 2 or more names of which one was a pseudonym or 2 or more (but not all) were pseudonyms.
(2)  This section shall also apply to a work of joint authorship that was first published under 2 or more names all of which were pseudonyms if, at any time within 50 yearsafter the expiration of the calendar year in which the work was first published, the identity of one or more (but not all) of the authors was generally known or could be ascertained by reasonable inquiry.
(3)  The references in sections 28 and 47 to the author of a work shall, in relation to a work to which this section applies, be read as references to the author whose identity was disclosed or, if the identities of 2 or more of the authors were disclosed, as references to whichever of those authors died last.
(4)  For the purposes of this section, the identity of an author shall be deemed to have been disclosed if —
(a)
one of the names under which the work was published was the name of the author; or
(b)
the identity of that author is generally known or can be ascertained by reasonable inquiry.
Copyright to subsist in joint works without regard to any author who is an unqualified person
79.
—(1)  Section 30(2) shall have effect, in relation to a work of joint authorship of which one of the authors is an unqualified person, or 2 or more (but not all) of the authors are unqualified persons, as if the author or authors, other than unqualified persons, had alone been the author or authors, as the case may be, of the work.
(2)  For the purposes of subsection (1), a person is an unqualified person in relation to a work where, if he had alone been the author of the work, copyright would not have subsisted in the work by virtue of this Part.
Inclusion of joint works in collections for use in educational institutions
80.  The reference in section 40(2) to other extracts from, or from adaptations of, works by the author of the extract concerned —
(a)
shall be read as including a reference to extracts from, or from adaptations of, works by the author of the extract concerned in collaboration with any other person; or
(b)
if the extract concerned is from, or from an adaptation of, a work of joint authorship — shall be read as including a reference to extracts from, or from adaptations of, works by any one or more of the authors of the extract concerned, or by any one or more of those authors in collaboration with any other person.
PART IV
COPYRIGHT IN SUBJECT-MATTER OTHER THAN WORKS
Division 1 — Preliminary
Interpretation of this Part
81.
—(1)  In this Part, “qualified person” means —
(a)
a citizen of Singapore, or an individual resident in Singapore; or
(b)
a body corporate incorporated under any written law in Singapore.
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(2)  In this Part, a reference to the reproduction or making of a copy of any subject-matter includes a reference to the making of a copy which is transient or is incidental to some other use of the subject-matter.
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Division 2 — Nature of Copyright in Subject-matter other than Works
Nature of copyright in sound recordings
82.
—(1)  For the purposes of this Act, unless the contrary intention appears, copyright, in relation to a sound recording, is the exclusive right to do all or any of the following acts:
(a)
to make a copy of the sound recording;
(b)
to enter into a commercial rental arrangement in respect of the recording 25 years
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(2)  Subsection (1)(b) shall not extend to entry into a commercial rental arrangement in respect of a sound recording if —
(a)
the copy of the sound recording, not being an infringing copy, was purchased by a person (referred to in this subsection as the record owner) before 16th April 1998;
(b)
the commercial rental arrangement is entered into in the ordinary course of a business conducted by the record owner; and
(c)
the record owner was conducting the same business, or another business that consisted of, or included, the making of commercial rental arrangements in respect of copies of sound recordings, when the copy was purchased.
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Nature of copyright in cinematograph films
83.  For the purposes of this Act, unless the contrary intention appears, copyright, in relation to a cinematograph film, is the exclusive right to do all or any of the following acts:
(a)
to make a copy of the film;
(b)
to cause the film, insofar as it consists of visual images, to be seen in public;
(c)
to broadcast the film;
(d)
to include the film in a cable programme.
Nature of copyright in television broadcasts and sound broadcasts
84.
—(1)  For the purposes of this Act, unless the contrary intention appears, copyright, in relation to a television broadcast or sound broadcast, is the exclusive right —
(a)
in the case of a television broadcast insofar as it consists of visual images — to make a cinematograph film of the broadcast, or a copy of such a film;
(b)
in the case of a sound broadcast, or of a television broadcast insofar as it consists of sounds — to make a sound recording of the broadcast, or a copy of such a sound recording;
(c)
in the case of a television broadcast — to cause it, insofar as it consists of visual images, to be seen in public, or, insofar as it consists of sounds, to be heard in public, if it is seen or heard by a paying audience; and
(d)
in the case of a television broadcast or a sound broadcast — to re-broadcast it or to include it in a cable programme.
(2)  For the purposes of subsection (1)(c), a television broadcast shall be taken to be seen or heard by a paying audience if it is seen or heard by persons who either —
(a)
have been admitted for payment to the place where the broadcast is to be seen or heard, or have been admitted for payment to a place of which that place forms part; or
(b)
have been admitted to the place where the broadcast is to be seen or heard in circumstances where goods or services are supplied there at prices which exceed the prices usually charged at that place and are partly attributable to the facilities afforded for seeing or hearing the broadcast.
(3)  For the purposes of subsection (2)(a), no account shall be taken —
(a)
of persons admitted to the place in question as residents or inmates therein; or
(b)
of persons admitted to that place as members of a club or society, where the payment is only for membership of the club or society and the provision of facilities for seeing or hearing television broadcasts is only incidental to the main purposes of the club or society.
Nature of copyright in cable programmes
85.
—(1)  For the purposes of this Act, unless the contrary intention appears, copyright, in relation to a cable programme, is the exclusive right to do all or any of the following acts:
(a)
insofar as it consists of visual images, to make a cinematograph film of it or a copy of such a film;
(b)
insofar as it consists of sounds, to make a sound recording of it or a copy of such a sound recording;
(c)
to cause it, insofar as it consists of visual images, to be seen in public, or, insofar as it consists of sounds, to be heard in public, if it is seen or heard by a paying audience;
(d)
to broadcast it or to include it in a cable programme service.
(2)  Subsection (1) shall apply whether the act in question is done by the reception of the programme or by making use of any record, print, negative, tape or other article on which the programme has been recorded.
(3)  In relation to copyright in cable programmes, insofar as they consist of visual images, subsection (1) shall apply to any sequence of images sufficient to be seen as a moving picture; and accordingly, for the purpose of establishing an infringement of such copyright, it shall not be necessary to prove that the act in question extended to more than such a sequence of images.
(4)  For the purposes of subsection (1)(c), a cable programme shall be taken to be seen or heard by a paying audience if it is seen or heard by persons who either —
(a)
have been admitted for payment to the place where the programme is to be seen or heard, or have been admitted for payment to a place of which that place forms part; or
(b)
have been admitted to the place where the programme is to be seen or heard in circumstances where goods or services are supplied there at prices which exceed the prices usually charged at that place and are partly attributable to the facilities afforded for seeing or hearing the programme.
(5)  For the purposes of subsection (4)(a), no account shall be taken —
(a)
of persons admitted to the place in question as residents or inmates therein; or
(b)
of persons admitted to that place as members of a club or society, where payment is only for membership of the club or society and the provision of facilities for seeing or hearing cable programmes is only incidental to the main purposes of the club or society.
Nature of copyright in published editions of works
86.  For the purposes of this Act, unless the contrary intention appears, copyright, in relation to a published edition of a literary, dramatic, musical or artistic work or of 2 or more literary, dramatic, musical or artistic works, is the exclusive right to make, by a means that includes a photographic process, a reproduction of the edition.
Division 3 — Subject-matter, other than Works, in which Copyright subsists
Sound recordings in which copyright subsists
87.
—(1)  Subject to the provisions of this Act, copyright shall subsist in a sound recording of which the maker was a qualified person at the time when the recording was made.
(2)  Without prejudice to subsection (1), copyright shall subsist, subject to the provisions of this Act, in a sound recording if the recording was made in Singapore.
(3)  Without prejudice to subsections (1) and (2), copyright shall subsist, subject to the provisions of this Act, in a published sound recording if the first publication of the recording took place in Singapore.
Cinematograph films in which copyright subsists
88.
—(1)  Subject to the provisions of this Act, copyright shall subsist in a cinematograph film of which the maker was a qualified person for the whole or a substantial part of the period during which the film was made.
(2)  Without prejudice to subsection (1), copyright shall subsist, subject to the provisions of this Act, in a cinematograph film if the film was made in Singapore.
(3)  Without prejudice to subsections (1) and (2), copyright shall subsist, subject to the provisions of this Act, in a published cinematograph film if the first publication of the film took place in Singapore.
Television broadcasts and sound broadcasts in which copyright subsists
89.  Subject to the provisions of this Act, copyright shall subsist —
(a)
in a television broadcast made from a place in Singapore by the holder of a broadcasting licence; and
(b)
in a sound broadcast made from a place in Singapore by the holder of a broadcasting licence.
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Cable programmes in which copyright subsists
90.
—(1)  Subject to the provisions of this Act, copyright shall subsist in a cable programme which is included in a cable programme service provided by a qualified person in Singapore.
(2)  Copyright shall not subsist in a cable programme by virtue of this section if the programme is included in the cable programme service by the reception and immediate re-transmission of a television broadcast or a sound broadcast.
Published editions of works in which copyright subsists
91.
—(1)  Subject to the provisions of this Act, copyright shall subsist in a published edition of a literary, dramatic, musical or artistic work, or of 2 or more literary, dramatic, musical or artistic works, where —
(a)
the first publication of the edition took place in Singapore; or
(b)
the publisher of the edition was a qualified person at the date of the first publication of the edition.
(2)  Subsection (1) shall not apply to an edition that reproduces a previous edition of the same work or works.
Division 4 — Duration of Copyright in Subject-matter other than Works
Duration of copyright in sound recordings
92.  Copyright subsisting in a sound recording by virtue of this Part shall continue to subsist until the expiration of 50 years after the expiration of the calendar year in which the recording is first published.
Duration of copyright in cinematograph films
93.
—(1)  Copyright subsisting in a cinematograph film by virtue of section 88(1) or (2) shall continue to subsist until the film is published and, after the publication of the film, until the expiration of the Registered Designs Act 1949 of the United Kingdom (U.K. 1949, c. 88), or any Act amending or substituting for that Act, by rules made under that Act or such other Act after the expiration of the calendar year in which the film was first published.
(2)  Copyright subsisting in a cinematograph film by virtue only of section 88(3) shall continue to subsist until the expiration of 50 years after the expiration of the calendar year in which the film was first published.
Duration of copyright in television broadcasts and sound broadcasts
94.
—(1)  Copyright subsisting in a television broadcast or sound broadcast by virtue of this Part shall continue to subsist until the expiration of 50 years after the expiration of the calendar year in which the broadcast was made.
(2)  Insofar as a television broadcast or sound broadcast is a repetition (whether the first or a subsequent repetition) of a previous television broadcast or sound broadcast to which section 89 applies, and is made by broadcasting visual images or sounds embodied in any article or thing —
(a)
if it is made before the expiration of the period of 50 years after the expiration of the calendar year in which the previous broadcast was made — any copyright subsisting in it shall expire at the expiration of that period; and
(b)
if it is made after the expiration of that period — copyright shall not subsist in it by virtue of this Part.
Duration of copyright in cable programmes
95.  Copyright subsisting in a cable programme by virtue of this Part shall continue to subsist until the expiration of 50 years from the end of the calendar year in which the cable programme is first included in the cable programme service.
Duration of copyright in published editions of works
96.  Copyright subsisting in a published edition of a work or works by virtue of this Part shall continue to subsist until the expiration of 25 years after the expiration of the calendar year in which the edition was first published.
Division 5 — Ownership of Copyright in Subject-matter other than Works
Ownership of copyright in sound recordings
97.
—(1)  This section shall have effect subject to Part X.
(2)  Subject to subsection (3), the maker of a sound recording is the owner of any copyright subsisting in the recording by virtue of this Part.
(3)  Where —
(a)
a person makes, for valuable consideration, an agreement with another person for the making of a sound recording by the other person; and
(b)
the recording is made in pursuance of the agreement,
the first-mentioned person is, in the absence of any agreement to the contrary, the owner of any copyright subsisting in the recording by virtue of this Part.
Ownership of copyright in cinematograph films
98.
—(1)  This section shall have effect subject to Part X.
(2)  Subject to subsection (3), the maker of a cinematograph film is the owner of any copyright subsisting in the film by virtue of this Part.
(3)  Where —
(a)
a person makes, for valuable consideration, an agreement with another person for the making of a cinematograph film by the other person; and
(b)
the film is made in pursuance of the agreement,
the first-mentioned person is, in the absence of any agreement to the contrary, the owner of any copyright subsisting in the film by virtue of this Part.
Ownership of copyright in television broadcasts and sound broadcasts
99.  Subject to Part X, a person who is or has been a holder of a broadcasting licence is the owner of any copyright subsisting in a television broadcast or sound broadcast, as the case may be, made by that person.
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Ownership of copyright in cable programmes
100.  Subject to Part X, a person providing a cable programme service is the owner of any copyright subsisting in a cable programme included in that service.
Ownership of copyright in published editions of works
101.  Subject to Part X, the publisher of an edition of a work or works is the owner of any copyright subsisting in the edition by virtue of this Part.
Division 6 — Infringement of Copyright in Subject-matter other than Works
Interpretation of this Division
102.  In this Division, “audio-visual item” means a sound recording, a cinematograph film, a sound broadcast, a television broadcast or a cable programme.
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Infringement by doing acts comprised in copyright
103.
—(1)  Subject to the provisions of this Act, a copyright subsisting by virtue of this Part is infringed by a person who, not being the owner of the copyright, and without the licence of the owner of the copyright, does in Singapore, or authorises the doing in Singapore of, any act comprised in the copyright.
(2)  Sections 104 and 105 shall not affect the generality of subsection (1).
(3)  Subsection (1) shall apply in relation to an act done in relation to a sound recording whether the act is done by directly or indirectly making use of a record embodying the recording.
(4)  Subsection (1) shall apply in relation to an act done in relation to a television broadcast or a sound broadcast or a cable programme whether the act is done by the reception of the broadcast or programme or by making use of any article or thing in which the visual images and sounds comprised in the broadcast or programme have been embodied.
Infringement by importation for sale or hire
104.  A copyright subsisting by virtue of this Part is infringed by a person who, without the licence of the owner of the copyright, imports an article into Singapore for the purpose of —
(a)
selling, letting for hire, or by way of trade offering or exposing for sale or hire, the article;
(b)
distributing the article —
(i)
for the purpose of trade; or
(ii)
for any other purpose to an extent that will affect prejudicially the owner of the copyright; or
(c)
by way of trade exhibiting the article in public,
where, he knows, or ought reasonably to know, that the making of the article was carried out without the consent of the owner of the copyright.
Infringement by sale and other dealings
105.
—(1)  A copyright subsisting by virtue of this Part is infringed by a person who, in Singapore, and without the licence of the owner of the copyright —
(a)
sells, lets for hire, or by way of trade offers or exposes for sale or hire, an article; or
(b)
by way of trade exhibits an article in public,
where he knows, or ought reasonably to know, that the making of the article constituted an infringement of the copyright or, in the case of an imported article, the making of the article was carried out without the consent of the owner of the copyright.
(2)  For the purposes of subsection (1), the distribution of any articles —
(a)
for the purpose of trade; or
(b)
for any other purpose to an extent that affects prejudicially the owner of the copyright concerned,
shall be taken to be the sale of those articles.
Acts done for purposes of judicial proceeding
106.  A copyright subsisting by virtue of this Part is not infringed by anything done —
(a)
for the purpose of a judicial proceeding or a report of a judicial proceeding;
(b)
for the purpose of seeking professional advice from an advocate and solicitor; or
(c)
for the purpose of, or in the course of, the giving of professional advice by an advocate and solicitor.
Making of a copy of sound recording for purposes of broadcasting
107.
—(1)  The copyright in a sound recording is not infringed by the making of a copy of a sound recording solely for the purpose of the broadcasting of the recording.
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(2)  Subsection (1) shall not apply in relation to a copy of a sound recording if the copy is used for a purpose other than —
(a)
the broadcasting of the recording; or
(b)
the making of further copies of the sound recording for the purpose of the broadcasting of the recording.
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(3)  Subsection (1) shall not apply in relation to a copy of a sound recording where the copy is used for the purpose of the broadcasting by a person who is not the maker of the copy unless the maker has paid to the owner of the copyright in the recording 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 the Copyright Tribunal, on the application of either of them, to be equitable remuneration to the owner for the making of the copy.
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(4)  A person who has given an undertaking referred to in subsection (3) shall be liable, when the Copyright Tribunal has determined the amount to which the undertaking relates, to pay that amount to the owner of the copyright in the recording and the owner may recover that amount in a court of competent jurisdiction from the person as a debt due to the owner.
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(5)  Subsection (1) shall not apply in relation to a copy of a sound recording unless all the copies made in accordance with that subsection are destroyed or are delivered, with the consent of the director of the National Archives, to the National Archives of Singapore —
(a)
before the expiration of the period of 6 months or, in the case of a copy made by a non-profit organisation solely for its own broadcast, 2 years, commencing on the day on which any of the copies made in accordance with that subsection is first used for broadcasting the recording in accordance with that subsection; or
(b)
before the expiration of such further period, if any, as is agreed between the maker of the copy and the owner of the copyright in the recording.
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Provisions relating to cinematograph films
108.
—(1)  Where the visual images forming part of a cinematograph film consist wholly or principally of images that, at the time when they were first embodied in an article or thing, were means of communicating news, the copyright in the film is not infringed by the causing of the film to be seen or heard, or to be both seen and heard, in public after the expiration of 50 years after the expiration of the calendar year in which the principal events depicted in the film occurred.
(2)  Where the sounds that are embodied in a sound-track associated with the visual images forming part of a cinematograph film are also embodied in a record, other than such a sound-track or a record derived directly or indirectly from such a sound-track, the copyright in the cinematograph film is not infringed by any use made of that record.
Fair dealing for purpose of research or private study
109.  Section 35(1) and (2) shall apply to the doing of any act in relation to audio-visual items as it applies to the doing of that act in relation to literary, dramatic, musical and artistic works.
Fair dealing for purpose of criticism or review
110.  A fair dealing with an audio-visual item shall not constitute an infringement of the copyright in the item or in any work or other audio-visual item included in the item if it is for the purpose of criticism or review, whether of the first-mentioned audio-visual item, another audio-visual item or a work, and a sufficient acknowledgment of the first-mentioned audio-visual item is made.
Fair dealing for purpose of reporting news
111.  A fair dealing with an audio-visual item shall not constitute an infringement of the copyright in the item or in any work or other audio-visual item included in the item if —
(a)
it is for the purpose of, or is associated with, the reporting of news in a newspaper, magazine or similar periodical and a sufficient acknowledgment of the first-mentioned audio- visual item is made; or
(b)
it is for the purpose of, or is associated with, the reporting of news by means of broadcasting or a cable programme service or in a cinematograph film.
Copying of unpublished sound recordings and cinematograph films in libraries or archives
112.  Where, at a time more than 50 years after the time at which, or the expiration of the period during which, a sound recording or cinematograph film was made, copyright subsists in the sound recording or cinematograph film but —
(a)
the sound recording or cinematograph film has not been published; and
(b)
a record embodying the sound recording, or a copy of the cinematograph film, is kept in the collection of a library or archives where it is, subject to any regulations governing that collection, accessible to the public,
the copyright in the sound recording or cinematograph film and in any work or other subject-matter included in the sound recording or cinematograph film is not infringed —
(i)
by the making of a copy of the sound recording or cinematograph film by a person for the purpose of research or private study or with a view to publication; or
(ii)
by the making of a copy of the sound recording or cinematograph film by or on behalf of the officer-in-charge of the library or archives, if the copy is supplied to a person who satisfies the officer that he or she requires the copy for the purpose of research or private study or with a view to publication and that he or she will not use it for any other purpose.
Copying of sound recordings and cinematograph films for preservation and other purposes
113.
—(1)  Subject to subsection (3), where a copy of a sound recording, being a sound recording that forms, or formed, part of the collection of a library or archives, is made by or on behalf of the officer-in-charge of the library or archives —
(a)
if the sound recording is held in the collection in the form of a first record — for the purpose of preserving the record against loss or deterioration or for the purpose of research that is being, or is to be, carried out at the library or archives in which the record is held or at another library or archives;
(b)
if the sound recording is held in the collection in a published form but has been damaged or has deteriorated — for the purpose of replacing the sound recording; or
(c)
if the sound recording has been held in the collection in a published form but has been lost or stolen — for the purpose of replacing the sound recording,
the making of the copy does not infringe copyright in the sound recording or in any work or other subject-matter included in the sound recording.
(2)  Subject to subsection (3), where a copy of a cinematograph film, being a cinematograph film that forms, or formed, part of the collection of a library or archives, is made by or on behalf of the officer-in-charge of the library or archives —
(a)
if the cinematograph film is held in the collection in the form of a first copy — for the purpose of preserving the copy against loss or deterioration or for the purpose of research that is being, or is to be, carried out at the library or archives in which the copy is held or at another library or archives;
(b)
if the cinematograph film is held in the collection in a published form but has been damaged or has deteriorated — for the purpose of replacing the cinematograph film; or
(c)
if the cinematograph film has been held in the collection in a published form but has been lost or stolen — for the purpose of replacing the cinematograph film,
the making of the copy does not infringe copyright in the cinematograph film or in any work or other subject-matter included in the cinematograph film.
(3)  Subsection (1) does not apply in relation to a sound recording, and subsection (2) does not apply in relation to a cinematograph film, held in a published form in the collection of a library or archives unless an authorised officer of the library or archives has, after reasonable investigation, made a declaration stating that he or she is satisfied that a copy (not being a secondhand copy) of the sound recording or cinematograph film, as the case may be, cannot be obtained within a reasonable time at an ordinary commercial price.
(4)  Where a copy of an unpublished sound recording or an unpublished cinematograph film is made under subsection (1) or (2) by or on behalf of the officer-in-charge of a library or archives for the purpose of research that is being, or is to be, carried out at another library or archives, the supply of the copy by or on behalf of the officer to the other library or archives does not, for any purpose of this Act, constitute the publication of the sound recording or cinematograph film or of any work or other subject-matter included in the sound recording or cinematograph film.
Filming or recording broadcasts or programmes for private and domestic use
114.
—(1)  The copyright in a television broadcast or a cable programme, or in a literary, artistic, dramatic or musical work or a cinematograph film included in the broadcast or programme, insofar as it consists of visual images, is not infringed by the making of a cinematograph film of the broadcast or the cable programme for the private and domestic use of the person by whom the cinematograph film is made.
(2)  The copyright in a sound broadcast, a television broadcast or a cable programme, or in a literary, dramatic or musical work, a sound recording or a cinematograph film included in the broadcast or programme, insofar as it consists of sounds, is not infringed by the making of a sound recording of the broadcast or the cable programme for the private and domestic use of the person by whom the sound recording is made.
(3)  For the purposes of this section, a cinematograph film or a sound recording shall be deemed to be made otherwise than for the private and domestic use of the person by whom it is made if it is made for the purpose of —
(a)
the sale or letting for hire of the film or the sound recording, as the case may be;
(b)
broadcasting the film or recording or including it in a cable programme; or
(c)
causing the film or recording to be seen or heard in public.
Use of broadcasts for educational purposes
115.  The making of a record of a sound broadcast or a cinematograph film of a television broadcast or of a cable programme does not constitute an infringement of copyright in a work or sound recording or cinematograph film included in the broadcast or programme, or an infringement of copyright in the broadcast or programme, if —
(a)
the record or cinematograph film is made by, or on behalf of, the person or authority in charge of an educational institution; and
(b)
the record or cinematograph film is not used except in the course of instruction at that institution.
Copying for course of instruction in making of film or sound-track
115A.  Copyright in a sound recording, cinematograph film, television broadcast, sound broadcast or cable programme is not infringed by its being copied in the making of —
(a)
a cinematograph film; or
(b)
a sound-track associated with the visual images forming part of a cinematograph film,
in the course of instruction, or preparation for instruction, in the making of a cinematograph film or sound-track associated with the visual images forming part of a cinematograph film, if the copying is done by a person giving or receiving such instruction.
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Things done for purposes of examination
115B.  A copyright subsisting by virtue of this Part is not infringed by anything done for the purposes of an examination, whether by way of setting the questions, communicating the questions to the candidates or answering the questions.
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Reproductions of editions of work
116.  The copyright in a published edition of a work or works is not infringed by the making of a reproduction of the whole or a part of that edition if that reproduction is made in the course of —
(a)
where the edition contains one work only —
(i)
a dealing with that work, being a dealing that does not, by virtue of section 35, 36, 37, 38 or 40, infringe copyright in that work; or
(ii)
the making of a copy (including a handicapped reader’s copy or an intellectually handicapped reader’s copy) of the whole or a part of that work, being a copy the making of which does not, by virtue of section 45, 46, 48, 51, 52, 54 or 54A, infringe copyright in that work; or
(b)
where the edition contains more than one work —
(i)
a dealing with one of those works or dealings with some or all of those works, being a dealing that does not, or dealings that do not, by virtue of section 35, 36, 37, 38 or 40, infringe copyright in that work or those works; or
(ii)
the making of a copy (including a handicapped reader’s copy or an intellectually handicapped reader’s copy) of the whole or a part of one of those works or the making of copies (including the handicapped reader’s copies or the intellectually handicapped reader’s copies) of the whole or parts of some or all of those works, being a copy the making of which does not, or copies the making of which do not, by virtue of section 45, 46, 48, 51, 52, 54 or 54A, infringe copyright in that work or in those works.
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Accessories to imported articles
116A.
—(1)  The copyright in —
(a)
a published edition of a work embodied in an accessory to an article; or
(b)
a sound recording or cinematograph film that is an accessory to an article,
is not infringed by a person who, without the licence of the owner of the copyright, imports the article into Singapore for a purpose mentioned in section 104(a), (b) or (c) unless the article is an infringing copy.
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(2)  The operation of this Act in relation to —
(a)
a published edition of a work embodied in an article; or
(b)
a sound recording or cinematograph film,
is not affected by the operation of this section in relation to —
(i)
a published edition of a work, or other subject-matter, embodied in an accessory to the article; or
(ii)
a sound recording or cinematograph film that is an accessory to the article.
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(3)  If an article is imported into Singapore for a purpose mentioned in section 104(a), (b) or (c), and the importation is not, by reason of this section, an infringement of the copyright in —
(a)
a published edition of a work embodied in an accessory to the article;
(b)
a sound recording or cinematograph film that is an accessory to the article,
the use of the accessory with the article for any such purpose shall not be an infringement of the copyright in the published edition of a work, or in the sound recording or cinematograph film, and section 105(1) shall not apply to the accessory.
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Division 7 — Miscellaneous
Copyrights to subsist independently
117.
—(1)  Where copyright subsists in any subject-matter by virtue of this Part, nothing in this Part shall be taken to affect the operation of Part III in relation to any literary, dramatic, musical or artistic work from which that subject-matter is wholly or partly derived, and any copyright subsisting by virtue of this Part is in addition to, and independent of, any copyright subsisting by virtue of Part III.
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(2)  The subsistence of copyright under any provision of this Part shall not affect the operation of any other provision of this Part under which copyright can subsist.
PART V
REMEDIES FOR INFRINGEMENTS OF COPYRIGHT
Division 1 — Preliminary
Interpretation of this Part
118.
—(1)  In this Part, “action” means a proceeding of a civil nature between parties, and includes a counterclaim.
(2)  In the application of this Part in relation to a counterclaim, references to the plaintiff and to the defendant shall be read as references to the defendant and to the plaintiff, respectively.
Division 2 — Actions by Owner of Copyright
Actions for infringement
119.
—(1)  Subject to the provisions of this Act, the owner of a copyright may bring an action for an infringement of the copyright.
(2)  Subject to the provisions of this Act, the relief that a court may grant in an action for an infringement of copyright includes an injunction (subject to such terms, if any, as the court thinks fit) and either damages or an account of profits.
(3)  Where, in an action for infringement of copyright, it is established that an infringement was committed but it is also established that, at the time of the infringement, the defendant was not aware, and had no reasonable grounds for suspecting, that the act constituting the infringement was an infringement of the copyright, the plaintiff shall not be entitled under this section to any damages against the defendant in respect of the infringement, but shall be entitled to an account of profits in respect of the infringement whether any other relief is granted under this section or not.
(4)  Where, in an action under this section —
(a)
an infringement of copyright is established; and
(b)
the court is satisfied that it is proper to do so, having regard to --
(i)
the flagrancy of the infringement;
(ii)
any benefit shown to have accrued to the defendant by reason of the infringement; and
(iii)
all other relevant matters,
the court may, in assessing damages for the infringement, award such additional damages as it considers appropriate in the circumstances.
Order for delivery up of infringing copies, etc.
120.
—(1)  Subject to the provisions of this Act, the court may, in addition to any relief granted under section 119 in any action for an infringement of copyright brought under that section, order any infringing copy, or any article which has been predominantly used for making infringing copies, in the possession of the defendant or before the court to be delivered up to the plaintiff.
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(2)  No order shall be made under this section unless the court also makes, or it appears to the court that there are grounds for making, an order under section 120A.
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(3)  A person to whom an infringing copy or other object is delivered up pursuant to an order made under this section shall, if an order under section 120A is not made, retain the copy or object pending the making of an order, or the decision not to make an order, under section 120A.
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Order for disposal of infringing copies, etc.
120A.
—(1)  An application may be made to the court for an order that an infringing copy or other object delivered up pursuant to an order made under section 120 be —
(a)
forfeited to the plaintiff; or
(b)
destroyed or otherwise dealt with as the court thinks fit.
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(2)  In considering what order, if any, should be made under this section, the court shall have regard to —
(a)
whether other remedies available in an action for infringement of copyright would be adequate to compensate the plaintiff and to protect the interests of the plaintiff; and
(b)
the need to ensure that no infringing copy is disposed of in a manner that would adversely affect the plaintiff.
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(3)  The court shall issue directions as to the service of notice on persons having an interest in the copy or other object.
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(4)  Any person having an interest in the copy or other object is entitled —
(a)
to appear in proceedings for an order under this section, whether or not that person is served with notice; and
(b)
to appeal against any order made, whether or not that person appears in the proceedings.
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(5)  An order made under this section shall not take effect until the end of the period within which notice of an appeal may be given or, if before the end of that period notice of appeal is duly given, until the final determination or abandonment of the proceedings on the appeal.
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(6)  Where there is more than one person interested in a copy or other object, the court may direct that the object be sold, or otherwise dealt with, and the proceeds divided, and shall make any other order as it thinks just.
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(7)  If the court decides that no order should be made under this section, the person in whose possession the copy or other object was before being delivered up shall be entitled to its return, and the court may order the defendant to pay to the plaintiff such damages as the court thinks just and equitable.
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Division 3 — Proceedings where Copyright is subject to Exclusive Licence
Interpretation of this Division
121.  In this Division —
“if the licence had been an assignment” means if, instead of the licence, there had been granted (subject to conditions corresponding as nearly as practicable with those subject to which the licence was granted) an assignment of the copyright in respect of its application to the doing, at the places and times authorised by the licence, of the acts so authorised;
“the other party” means —
(a)
in relation to the owner of the copyright — the exclusive licensee; and
(b)
in relation to the exclusive licensee — the owner of the copyright.
Application
122.  This Division shall apply to proceedings in relation to a copyright in respect of which an exclusive licence has been granted and is in force at the time of the events to which the proceedings relate.
Rights of exclusive licensee
123.  Subject to this Division, the exclusive licensee shall, except against the owner of the copyright, have the same rights of action as the owner of the copyright would have, and be entitled to the same remedies as he would be entitled to, by virtue of sections 119, 120 and 120A if the licence had been an assignment, and those rights and remedies are concurrent with the rights and remedies of the owner of the copyright under those sections.
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Joinder of owner or exclusive licensee as a party
124.
—(1)  Where —
(a)
an action is brought by the owner of the copyright or by the exclusive licensee; and
(b)
the action, insofar as it is brought under section 119, relates, in whole or in part, to an infringement in respect of which the owner and the licensee have concurrent rights of action under that section,
the owner or licensee, as the case may be, shall not be entitled, except with the leave of the court, to proceed with the action, insofar as it is brought under that section and relates to that infringement, unless the other party is joined as a plaintiff in the action or added as a defendant.
(2)  This section shall not affect the granting of an interlocutory injunction on the application of the owner of the copyright or the exclusive licensee.
Defences available against exclusive licensee
125.  In an action brought by the exclusive licensee by virtue of this Division, a defence under this Act that would have been available to a defendant in the action if the action had been brought by the owner of the copyright shall be available to that defendant as against the exclusive licensee.
Assessment of damages where exclusive licence granted
126.  Where an action to which section 124 applies is brought and the owner of the copyright and the exclusive licensee are not both plaintiffs in the action, the court, in assessing damages in respect of an infringement of a kind referred to in that section, shall —
(a)
if the plaintiff is the exclusive licensee — take into account any liabilities, in respect of royalties or otherwise, to which the licence is subject; and
(b)
whether the plaintiff is the owner of the copyright or the exclusive licensee — take into account any pecuniary remedy already awarded to the other party under section 119 in respect of that infringement, or any right of action exercisable by the other party under that section in respect of that infringement, as the case requires.
Apportionment of profits between owner and exclusive licensee
127.  Where —
(a)
an action, insofar as it is brought under section 119, relates, in whole or in part, to an infringement in respect of which the owner of the copyright and the exclusive licensee have concurrent rights of action under that section; and
(b)
in that action, whether the owner of the copyright and the exclusive licensee are both parties or not, an account of profits is directed to be taken in respect of that infringement,
then, subject to any agreement of which the court is aware by which the application of those profits is determined as between the owner of the copyright and the exclusive licensee, the court shall apportion the profits between them in such a manner as the court considers just and shall give such directions as the court considers appropriate for giving effect to that apportionment.
Separate actions in relation to the same infringement
128.  In an action brought by the owner of the copyright or by the exclusive licensee —
(a)
a judgment or order for the payment of damages in respect of an infringement of copyright shall not be given or made under section 119 if a final judgment or order has been given or made in favour of the other party directing an account of profits under that section in respect of the same infringement; and
(b)
a judgment or order for an account of profits in respect of an infringement of copyright shall not be given or made under that section if a final judgment or order has been given or made in favour of the other party awarding damages or directing an account of profits under that section in respect of the same infringement.
Liability for costs
129.  Where, in an action to which section 124 applies, whether brought by the owner of the copyright or by the exclusive licensee, the other party is not joined as a plaintiff (either at the commencement of the action or at a later time), but is added as a defendant, the other party is not liable for any costs in the action unless he enters an appearance and takes part in the proceedings.
Division 4 — Proof of Facts in Copyright Proceedings
Presumptions as to subsistence and ownership of copyright
130.
—(1)  In an action brought by virtue of this Part —
(a)
copyright shall be presumed to subsist in the work or other subject-matter to which the action relates if the defendant does not put in issue the question whether copyright subsists in the work or other subject-matter; and
(b)
where the subsistence of the copyright is established — the plaintiff shall be presumed to be the owner of the copy- right if he claims to be the owner of the copyright and the defendant does not put in issue the question of his ownership.
(2)  Where a defendant, without good faith, puts in issue the questions of whether copyright subsists in a work or other subject-matter to which the action relates, or the ownership of copyright in such work or subject-matter, thereby occasioning unnecessary costs or delay in the proceedings, the court may direct that any costs to the defendant in respect of the action shall not be allowed to him and that any costs occasioned by the defendant to other parties shall be paid by him to such other parties.
Presumptions in relation to authorship of work
131.
—(1)  Where a name purporting to be that of the author of a literary, dramatic, musical or artistic work appeared on copies of the work as published or a name purporting to be that of the author of an artistic work appeared on the work when it was made, the person whose name so appeared, if it was his true name or a name by which he was commonly known, shall, in an action brought by virtue of this Part, be presumed, unless the contrary is established, to be the author of the work and to have made the work in circumstances to which section 30(4), (5) and (6) does not apply.
(2)  Where a work is alleged to be a work of joint authorship, subsection (1) shall apply in relation to each person alleged to be one of the authors of the work as if references in that subsection to the author were references to one of the authors.
(3)  Where, in an action brought by virtue of this Part in relation to a photograph —
(a)
it is established that, at the time when the photograph was taken, a person was the owner of the material on which the photograph was taken or, if the ownership of that material as at that time is not established, that a person was the owner of the apparatus by which the photograph was taken; or
(b)
neither the ownership as at the time when the photograph was taken of the material on which it was taken nor the ownership as at that time of the apparatus by which it was taken is established but it is established that, at the time of the death of a person, the photograph was owned by the person or, if the ownership of the photograph as at that time is not established, was in the possession or custody of the person,
the person shall be presumed, unless the contrary is established, to have been the person who took the photograph.
Presumptions in relation to publisher of work
132.  Where, in an action brought by virtue of this Part in relation to a literary, dramatic, musical or artistic work, section 131 does not apply, but it is established —
(a)
that the work was first published in Singapore and was so published during the period of 50 years that ended immediately before the commencement of the calendar year in which the action was brought; and
(b)
that a name purporting to be that of the publisher appeared on copies of the work as first published,
then, unless the contrary is established, copyright shall be presumed to subsist in the work and the person whose name so appeared shall be presumed to have been the owner of that copyright at the time of the publication.
Presumptions where author has died
133.
—(1)  Where, in an action brought by virtue of this Part in relation to a literary, dramatic, musical or artistic work, it is established that the author is dead —
(a)
the work shall be presumed to be an original work unless the contrary is established; and
(b)
if it is alleged by the plaintiff that a publication specified in the allegation was the first publication of the work, and that it took place in a country and on a date so specified, that publication shall be presumed, unless the contrary is established, to have been the first publication of the work, and to have taken place in that country and on that date.
(2)  Where —
(a)
a literary, dramatic, musical or artistic work has been published;
(b)
the publication was anonymous or is alleged by the plaintiff to have been pseudonymous; and
(c)
it is not established that the work has ever been published under the true name of the author, or under a name by which he was commonly known, or that the identity of the author is generally known or can be ascertained by reasonable inquiry,
subsection (1)(a) and (b) shall apply, in an action brought by virtue of this Part in relation to the work, in like manner as that subsection shall apply where it is established that the author is dead.
Evidence in relation to proceedings
134.  In an action brought by virtue of this Part in relation to copyright in a sound recording, if records embodying the recording as supplied to the public bear a label or other mark stating —
(a)
that a person specified on the label or mark was the owner of copyright in the recording;
(b)
that the recording was first published in a specified year; or
(c)
that the recording was first published in a specified country,
the label or mark shall be sufficient evidence of the facts so stated except insofar as the contrary is established.
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Presumptions in relation to maker of film
135.  Where the name of a person appeared on copies of a cinematograph film as made available to the public in such a way as to imply that the person was the maker of the film and, in the case of a person other than a body corporate, that name was his true name or a name by which he was commonly known, that person shall, in an action brought by virtue of this Part, be presumed, unless the contrary is established, to be the maker of the film and to have made the film in circumstances to which section 98(3) does not apply.
Division 5 — Offences
Offences
136.
—(1)  A person who at a time when copyright subsists in a work —
(a)
makes for sale or hire;
(b)
sells or lets for hire, or by way of trade offers or exposes for sale or hire; or
(c)
by way of trade exhibits in public,
any article which he knows, or ought reasonably to know, to be an infringing copy of the work shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 for the article or for each article in respect of which the offence was committed or $100,000, whichever is the lower, or to imprisonment for a term not exceeding 5 years or to both.
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(2)  A person who at a time when copyright subsists in a work has in his possession or imports into Singapore any article which he knows, or ought reasonably to know, to be an infringing copy of the work for the purpose of —
(a)
selling, letting for hire, or by way of trade offering or exposing for sale or hire, the article;
(b)
distributing the article for the purpose of trade, or for any other purpose to an extent that will affect prejudicially the owner of the copyright in the work; or
(c)
by way of trade exhibiting the article in public,
shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 for the article or for each article in respect of which the offence was committed or $100,000, whichever is the lower, or to imprisonment for a term not exceeding 5 years or to both.
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(3)  Any person who, at a time when copyright subsists in a work, distributes, either —
(a)
for purposes of trade; or
(b)
for other purposes, but to such an extent as to affect prejudicially the owner of the copyright,
articles which he knows, or ought reasonably to know, to be infringing copies of the work, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 3 years or to both.
(4)  A person who, at a time when copyright subsists in a work, makes or has in his possession an article specifically designed or adapted for making copies of the work that the person knows, or ought reasonably to know, is to be used for making infringing copies of the work, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $20,000 for each such article in respect of which the offence is committed or to imprisonment for a term not exceeding 2 years or to both.
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(5)  Subsections (1) to (4) shall apply in relation to copyright subsisting in any subject-matter by virtue of Part IV