On 21/05/2013,
you requested for the version in force on 21/05/2013
incorporating all amendments published on or before 21/05/2013.
The closest version currently available is that of 20/02/1987.
7.
—(1) In this Act, unless the context otherwise requires —
“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 and Records Centre established by the National Archives and Records Centre Act (Cap. 310); and
(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;
“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 two 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 of 1957);
“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;
“copy”, in relation to a cinematograph film, means any article or thing in which the visual images or sounds comprising the film are embodied;
“Copyright Act 1911” means the Copyright Act 1911 of the United Kingdom insofar as it has effect as part of the law of Singapore;
[U.K. 1911 c. 46.]
“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 two 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 as 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 two 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 reader” 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;
“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;
“literary work” includes —
(a)
a table, or compilation, expressed in words, figures or symbols (whether or not in a visible form); and
(b)
a computer program or compilation of computer programs;
“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 section 57(3) and paragraph (b)(i) of section 58 or, if those provisions are affected by regulations made for the purposes of section 59, under those provisions as so affected;
“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;
“Singapore Broadcasting Corporation” means the Singapore Broadcasting Corporation established under the Singapore Broadcasting Corporation Act 1979 (Act 33 of 1979);
“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 acknowledgement”, in relation to a work, means an acknowledgement 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 acknowledgement 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 two 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.
(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 per cent 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 per cent of the number of pages in that edition but contain only the whole or part of a single chapter of the work.
(3) In this Act, unless the contrary intention appears —
(a)
a reference to the body administering an educational institution or an institution assisting 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 or an institution assisting 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; and
(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,
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 or an institution assisting 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 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;
(i)
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;
(j)
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;
(k)
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, or a 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.
(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.