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On 29/07/2017, you requested the version as published on or before 27/03/1998.
REPUBLIC OF SINGAPORE
GOVERNMENT GAZETTE
ACTS SUPPLEMENT
Published by Authority

NO. 8] Friday, March 27 [1998

The following Act was passed by Parliament on 19th February 1998 and assented to by the President on 24th February 1998:—
Copyright (Amendment) Act 1998

(No. 6 of 1998)


I assent.

ONG TENG CHEONG
President
24th February 1998.
Date of Commencement: 16th April 1998
An Act to amend the Copyright Act (Chapter 63 of the 1988 Revised Edition) to enable Singapore to give effect to the Agreement on Trade-Related Aspects of Intellectual Property Rights (1994), and to make other amendments to the Act.
Be it enacted by the President with the advice and consent of the Parliament of Singapore, as follows:
Short title and commencement
1.  This Act may be cited as the Copyright (Amendment) Act 1998 and shall come into operation on such date as the Minister may, by notification in the Gazette, appoint.
Amendment of section 7
2.  Section 7 of the Copyright Act is amended —
(a)
by deleting paragraph (a) of the definition of “archives” in subsection (1) and substituting the following paragraph:
(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)
by inserting, immediately after the definition of “construction” in subsection (1), the following definition:
“ “conveyance” has the same meaning as in the Regulation of Imports and Exports Act (Cap. 272A);”.
(c)
by inserting, immediately after the definition of “institution assisting handicapped readers” in subsection (1), the following definition:
“ “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;”;
(d)
by inserting, immediately after the definition of “minimum royalty” in subsection (1), the following definition:
“ “non-profit organisation” means an organisation or association or persons, whether corporate or unincorporate, that is not operated or conducted for profit;”.
(e)
by inserting, immediately after subsection (1), the following subsection:
(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 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.”.
(f)
by deleting the words “or an institution assisting handicapped readers” in subsection (3)(a), (d) and (e) and substituting in each case the words “, an institution assisting handicapped readers or an institution assisting intellectually handicapped readers”;
(g)
by deleting the word “and” at the end of subsection (3)(d)(i);
(h)
by deleting the comma at the end of sub-paragraph (ii) of paragraph (d\) of subsection (3) and substituting a semi-colon, and by inserting immediately thereafter the following sub-paragraph:
(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,”.
(i)
by inserting, immediately after paragraph (g\) of subsection (3), the following paragraph:
(ga)
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;”.
New section 25A
3.  The Copyright Act is amended by inserting, immediately after section 25, the following section:
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.
(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.”.
Amendment of section 26
4.   Section 26 of the Copyright Act is amended —
(a)
by deleting the words “in Singapore or any country in relation to which this Act applies,” in paragraph (a)(ii);
(b)
by deleting the word “and” at the end of paragraph (a);
(c)
by deleting the full-stop at the end of paragraph (b) and substituting the word “; and”, and by inserting immediately thereafter the following paragraph:
(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.”; and
(d)
by renumbering the section as subsection (1) of that section, and by inserting immediately thereafter the following subsections:
(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.
(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.
(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 the commencement of the Copyright (Amendment) Act 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.”.
Amendment of section 35
5.  Section 35 of the Copyright Act is amended by deleting subsection (5).
Amendment of section 39
6.  Section 39 of the Copyright Act is amended —
(a)
by deleting subsection (2) and substituting the following subsection:
(2)  Subsection (1) shall not apply to the making of a reproduction of a computer program, or of an adaptation of a computer program, from an infringing copy of the computer program.”.
(b)
by deleting subsection (4) and substituting the following subsections:
(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.
(5)  For the purposes of this section, a reference to a copy of a computer program or of an adaptation of a computer program is a reference to any article in which the computer program or adaptation is reproduced in a material form.”.
Amendment of section 43
7.  Section 43 of the Copyright Act is amended by inserting, immediately after subsection (2), the following subsections:
(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.
(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.
(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.”.
Repeal and re-enactment of section 44
8.  Section 44 of the Copyright Act is repealed and the following section substituted therefor:
Interpretation
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.”.
Amendment of section 45
9.  Section 45 of the Copyright Act is amended by deleting subsection (5) and substituting the following subsection:
(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.”.
Amendment of sub-heading and new section 50A
10.  The Copyright Act is amended by deleting the sub-heading “Division 6 — Copying of Works in Educational Institutions” immediately above section 51 and substituting the following sub-heading “Division 6 — Copying of Works for Educational Purposes”, and by inserting immediately thereafter the following section:
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.
(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 cinematographic film or sound recording.”.
Amendment of section 52
11.  Section 52 of the Copyright Act is amended —
(a)
by deleting the words “teaching purposes” wherever they appear in subsections (1), (2), (6), (7), (9) and (10) and substituting in each case the words “educational purposes”; and
(b)
by deleting subsection (3).
New section 52A
12.  The Copyright Act is amended by inserting, immediately after section 52, the following section:
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.”.
New section 54A
13.  The Copyright Act is amended by inserting, immediately after section 54, the following section:
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.
(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.
(3)  For the purposes of subsection (2), a copy shall be taken to be new if it is not secondhand.
(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.
(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.
(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.
(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.
(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.
(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.
(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.”.
Amendment of section 56
14.  Section 56(1) of the Copyright Act is amended by deleting paragraph (d) and substituting the following paragraph:
(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.”.
Amendment of section 68
15.  Section 68 of the Copyright Act is amended by inserting, immediately after subsection (4), the following subsection:
(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 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.”.
Amendment of section 74
16.  Section 74 of the Copyright Act is amended by deleting the words “15 years” wherever they appear in subsections (3) and (4) and substituting in each case the words “25 years”.
Repeal and re-enactment of section 82
17.  Section 82 of the Copyright Act is repealed and the following section substituted therefor:
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.
(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 the commencement of the Copyright (Amendment) Act 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.”.
Repeal and re-enactment of section 102
18.  Section 102 of the Copyright Act is repealed and the following section substituted therefor:
Interpretation
102.  In this Division, “audio-visual item” means a sound recording, a cinematograph film, a sound broadcast, a television broadcast or a cable programme.”.
Repeal and re-enactment of section 107
19.  Section 107 of the Copyright Act is repealed and the following section substituted therefor:
Making of a copy of the 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.
(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.
(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.
(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.
(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.”.
New section 115A
20.  The Copyright Act is amended by inserting, immediately after section 115, the following sections:
Copying for course of instruction in making of film or soundtrack
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.
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.”.
Amendment of section 116
21.  Section 116 of the Copyright Act is amended —
(a)
by inserting, immediately after the words “handicapped reader’s copy” in paragraphs (a)(ii) and (b)(ii), the words “ or an intellectually handicapped reader’s copy”;
(b)
by deleting the words “or 54” in paragraphs (a)(ii) and (b)(ii) and substituting in each case the words “, 54 or 54A,”; and
(c)
by inserting, immediately after the words “handicapped reader’s copies” in the fifth line of paragraph (b)(ii), the words “or the intellectually handicapped reader’s copies”.
Repeal and re-enactment of section 120 and new section 120A
22.  Section 120 of the Copyright Act is repealed and the following sections substituted therefor:
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 specifically designed or adapted for making copies of a work or other subject-matter which has been used, or is to be used, for making infringing copies of the work or subject-matter, in the possession of the defendant or before the court to be delivered up to the plaintiff.
(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.
(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.
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.
(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.
(3)  The court shall issue directions as to the service of notice on persons having an interest in the copy or other object.
(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.
(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.
(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.
(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.”.
Repeal and re-enactment of section 134
23.  Section 134 of the Copyright Act is repealed and the following section substituted therefor:
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.”.
Amendment of section 136
24.  Section 136 of the Copyright Act is amended —
(a)
by inserting the word “or” at the end of subsection (1)(b);
(b)
by deleting the word “; or” at the end of subsection (1)(c) and substituting a comma;
(c)
by deleting paragraph (d\) of subsection (1);
(d)
by inserting, immediately after the word “possession” in the second line of subsection (2), the words “or imports into Singapore”;
(e)
by deleting subsection (4) and substituting the following subsection:
(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.”.
(f)
by deleting the words “and any plate or contrivance used or intended to be used for making infringing copies” in the fifth and sixth lines of subsection (8) and substituting the words “or any article specifically designed or adapted for making copies of a work or other subject-matter which has been used or is to be used for making infringing copies of the work or subject-matter”;
(g)
by deleting subsection (9) and substituting the following subsections:
(9)  If information is given upon oath to a Magistrate that there is reasonable cause for suspecting that there is in any premises any article or document which is evidence that an offence under subsection (1), (2), (3) or (4) has been committed, the Magistrate may issue, either unconditionally or subject to such conditions as he thinks fit, a warrant authorising a police officer to enter and search the premises for the articles and documents which are specified in the warrant, and to seize such articles and documents found at the premises.
(10)  If an article was seized under subsection (9) and —
(a)
in proceedings brought under this section, no order is made under subsection (8) as to the article; or
(b)
no such proceedings are instituted within 6 months of the seizure,
the article shall be returned to the person in whose possession it was when it was seized or, if it is not reasonably practicable to return it to that person, shall be disposed of in accordance with the law regulating the disposal of lost or unclaimed property in the hands of police authorities.
(11)  If a document was seized under subsection (9) and no proceedings under this section are instituted within 6 months of the seizure, the document and all copies of the document shall be returned to the person in whose possession the document was when it was seized or, if it is not reasonably practicable to return the document and copies to that person, shall be disposed of in accordance with the law regulating the disposal of lost or unclaimed property in the hands of police authorities.
(12)  For the purposes of this section —
“document” means anything in which information of any description is recorded;
“premises” includes any land, building, structure and conveyance.”.
New sections 140A to 140R
25.  The Copyright Act is amended by inserting, immediately after section 140, the following sub-headings and sections:
- Border Enforcement Measures
Interpretation
140A.  In this Division and Division 7, unless the context otherwise requires —
“aircraft” has the same meaning as in the Regulation of Imports and Exports Act (Cap. 272A);
“authorised officer” means —
(a)
an officer of customs as defined in section 3 of the Customs Act (Cap. 70); or
(b)
any officer or class or description of officers appointed by the Minister by notification in the Gazette to exercise the powers and perform the duties conferred and imposed on an authorised officer by this Division and Division 7;
“copyright material” means —
(a)
a work;
(b)
a sound recording;
(c)
a cinematograph film;
(d)
a published edition of a work; or
(e)
a television or sound broadcast as recorded in a cinematograph film or a sound recording;
“Director-General” means the Director-General of Customs and Excise appointed under section 4(1) of the Customs Act (Cap. 70);
“goods in transit” means goods imported, whether or not landed or transhipped within Singapore, which are to be carried to another country either by the same or another conveyance;
“master” has the same meaning as in the Regulation of Imports and Exports Act (Cap. 272A);
“objector”, in relation to particular seized copies, means the person who gave the notice under section 140B(1) as a result of the giving of which the copies were seized;
“owner”, in relation to the copyright in copyright material, includes an exclusive licensee of the copyright in the material;
“pilot of an aircraft” has the same meaning as in the Regulation of Imports and Exports Act;
“seized copies” means copies seized under section 140B(7);
“senior authorised officer” means —
(a)
a senior officer of customs as defined in section 3 of the Customs Act; and
(b)
any officer or class or description of officers appointed by the Minister by notification in the Gazette to exercise the powers and perform the duties conferred and imposed on a senior authorised officer by Division 7;
“vehicle” has the same meaning as in the Regulation of Imports and Exports Act;
“vessel” has the same meaning as in the Regulation of Imports and Exports Act.
Restriction of importation of copies of works, etc.
140B.
—(1)  A person may give the Director-General a written notice stating —
(a)
that he is the owner of the copyright in copyright material;
(b)
that, at a time and place specified in the notice, copies of the copyright material to which this section applies are expected to be imported; and
(c)
that he objects to such importation.
(2)  A notice given under subsection (1) shall be supported by such documents and information as may be prescribed in regulations.
(3)  Subject to subsection (4), this section shall apply to copies of copyright material made wholly or partly outside Singapore the making of which was carried out without the consent of the owner of the copyright.
(4)  This section shall not apply to copies of copyright material which are goods in transit.
(5)  Unless it is revoked under subsection (6), a notice under subsection (1) shall remain in force until —
(a)
the end of the period of 60 days commencing on the day on which the notice was given; or
(b)
the end of the period for which the copyright in the copyright material to which the notice relates is to subsist,
whichever is the earlier.
(6)  A notice under subsection (1) may be revoked by written notice given to the Director-General by the person who gave the first-mentioned notice or by a subsequent owner of the copyright in the copyright material to which the notice relates.
(7)  If —
(a)
a notice has been given under this section in respect of copyright material;
(b)
the notice has not lapsed or been revoked; and
(c)
a person imports copies of the copyright material to which this section applies for the purpose of —
(i)
selling, letting for hire, or by way of trade offering or exposing for sale or hire, the copies;
(ii)
distributing the copies for the purpose of trade;
(iii)
distributing the copies for any other purpose to an extent that will affect prejudicially the owner of the copyright in the copyright material; or
(iv)
by way of trade exhibiting the copies in public,
an authorised officer may seize the copies.
(8)  The Minister may make regulations to provide for —
(a)
the forms of notices under this section;
(b)
the times at which, and the manner in which, notices are to be given; and
(c)
the giving of information and evidence to the Director-General.
Security for liability or expense of seizure
140C.  An authorised officer may refuse to seize copies under section 140B(7) unless —
(a)
the objector has deposited with the Director-General a sum of money that, in the opinion of the Director-General, is sufficient to reimburse the Government for any liability or expense it is likely to incur as a result of the seizure of the copies; or
(b)
the objector has given security, to the satisfaction of the Director-General, for the reimbursement of the Government for any such liability or expense.
Secure storage of seized copies
140D.  Seized copies shall be taken to such secure place as the Director-General directs.
Notice of seizure
140E.
—(1)  As soon as is practicable after copies are seized under section 140B(7), the Director-General shall give to the importer and the objector, either personally or by post, a written notice identifying the copies and stating that the identified copies have been seized.
(2)  A notice under subsection (1) shall state that the copies will be released to the importer unless —
(a)
an action for infringement of copyright in respect of the copies is instituted by the objector within a specified period from the day specified in the notice; and
(b)
the objector gives written notice to the Director-General within that period stating that the action for infringement of copyright has been instituted.
(3)  The period to be specified for the purposes of paragraph (a) of subsection (2) is the period prescribed for the purposes of that paragraph.
(4)  The day specified for the purposes of subsection (2)(a) shall not be earlier than the day on which the notice is given.
(5)  The objector may, by written notice given to the Director-General before the end of the period specified in a notice for the purposes of subsection (2)(a) (the retention period), request that the period be extended.
(6)  Subject to subsection (7), if —
(a)
a request is made in accordance with subsection (5); and
(b)
the Director-General is satisfied that it is reasonable that the request be granted,
the Director-General may extend the retention period by such period as is prescribed.
(7)  A decision on a request made in accordance with subsection (5) shall be made within 2 working days after the request is made, but such a decision cannot be made after the end of the retention period to which the request relates.
Inspection, release, etc., of seized copies
140F.
—(1)  The Director-General may permit the objector or the importer to inspect the seized copies.
(2)  If the objector gives the requisite undertakings, the Director-General may permit the objector to remove one sample of the seized copies from the custody of the Director-General for inspection by the objector.
(3)  If the importer gives the Director-General the requisite undertakings, the Director-General may permit the importer to remove one sample of the seized copies from the custody of the Director-General for inspection by the importer.
(4)  The requisite undertakings are undertakings in writing that the person giving the undertaking will —
(a)
return the sample copy to the Director-General at a specified time that is satisfactory to the Director-General; and
(b)
take reasonable care to prevent damage to the sample copy.
(5)  If the Director-General permits inspection of the seized copies, or the removal of a sample copy, by the objector in accordance with this section, the Director-General is not liable to the importer for any loss or damage suffered by the importer arising out of —
(a)
damage to any of the seized copies incurred during that inspection; or
(b)
anything done by the objector or any other person to, or in relation to, a sample copy removed from the custody of the Director-General or any use made by the objector of such a sample copy.
Forfeiture of seized copies by consent
140G.
—(1)  Subject to subsection (2), the importer may, by written notice to the Director-General, consent to the seized copies being forfeited to the Government.
(2)  The notice shall be given before any action for infringement of copyright in relation to the copies is instituted.
(3)  If the importer gives such a notice, the copies are forfeited to the Government and shall be disposed of —
(a)
in the manner prescribed by the regulations; or
(b)
if no manner of disposal is so prescribed, as the Director-General directs.
Compulsory release of the seized copies to the importer
140H.
—(1)  The Director-General shall release seized copies (not being copies forfeited to the Government under section 140G) to the importer on the expiration of the retention period for the copies if the objector has not, before the expiration of that period —
(a)
instituted an action for infringement of the relevant copyright in respect of the copies; and
(b)
given written notice to the Director-General stating that the action has been instituted.
(2)  For the purpose of subsection (1), the retention period for seized copies is —
(a)
the period specified in a notice given under section 140E in respect of the copies; or
(b)
if that period has been extended under section 140E, that period as so extended.
(3)  If —
(a)
an action for infringement of copyright has been instituted in respect of seized copies; and
(b)
at the end of the period of 3 weeks commencing on the day on which the action was instituted, there is not in force an order of the court in which the action was instituted preventing the release of the copies,
the Director-General shall release the copies to the importer.
(4)  If the objector gives written notice to the Director-General stating that he consents to the release of the seized copies, the Director-General shall release the copies to the importer.
(5)  This section shall have effect subject to section 140J.
Provision relating to actions for infringement of copyright
140I.
—(1)  In this section, “infringement action” means an action for an infringement of copyright constituted by the importation of seized copies.
(2)  The court in which an infringement action is pending may, on the application of a person having a sufficient interest in the subject-matter of the action, allow the person to be joined as a defendant to the action.
(3)  An authorised officer is entitled to be heard on the hearing of an infringement action.
(4)  In addition to any relief that may be granted apart from this section, the court may —
(a)
at any time, order that the seized copies be released to the importer subject to such conditions, if any, as the court thinks fit;
(b)
order that the seized copies not be released to the importer before the end of a specified period; or
(c)
order that the goods be forfeited to the Government.
(5)  A court may not make an order under subsection (4)(a) if it is satisfied that the Government or any statutory authority is required or permitted under any other law to retain control of the seized copies.
(6)  The Director-General shall comply with an order made under subsection (4).
(7)  If —
(a)
the court decides that the relevant copyright was not infringed by the importation of the seized copies; and
(b)
a defendant to the infringement action satisfies the court that he has suffered loss or damage as a result of the seizure of the copies,
the court may order the objector to pay compensation in such amount as the court thinks fit to that defendant.
Retention of control of seized copies
140J.  Notwithstanding section 140H, in a case in which no order has been made under section 140I(4) in relation to seized copies, the Director-General is not obliged to release or dispose of the copies if the Government is required or permitted, under any other law, to retain control of the copies.
Disposal of seized copies ordered to be forfeited
140K.  If a court orders that seized copies are to be forfeited to the Government, the copies shall be disposed of —
(a)
in the manner prescribed by the regulations; or
(b)
if no manner of disposal is so prescribed, as the Director-General directs.
Insufficient security
140L.
—(1)  If the reasonable expenses incurred by the Director-General in relation to any action taken by the Director-General under this Division, or taken in accordance with an order of a court under this Division exceed the amount deposited, or the amount of the security given, under section 140C, the amount of the excess is a debt due to the Government.
(2)  The debt created by subsection (1) is due by the objector, or, if there are 2 or more objectors, by the objectors jointly and severally.
Division 7 — Powers of Search
Powers of search in relation to vessels, aircraft and vehicles
140M.
—(1)  A senior authorised officer or an authorised officer acting in accordance with the general or special directions of a senior authorised officer may board any conveyance in Singapore and may rummage and search all parts of the conveyance for copies of copyright material liable to be seized under section 140B(7).
(2)  For the more effective exercise of the powers conferred by this section, a senior authorised officer may do all or any of the following:
(a)
require the master of any vessel in Singapore to heave to;
(b)
by direction to the master of any vessel or the pilot of any aircraft in Singapore, require the vessel or aircraft, as the case may be, not to proceed until so authorised;
(c)
require any documents which ought to be on board any vessel or aircraft, being documents relating to any goods therein, to be brought to him for inspection;
(d)
break open and forcibly enter any place or receptacle in any conveyance to which he cannot otherwise reasonably obtain access;
(e)
by direction to the master of any vessel in Singapore, require the vessel to proceed to any specified anchorage, wharf or place to which the vessel may lawfully go;
(f)
by direction to the master of any vessel in Singapore, require him to move or discharge any cargo or other goods therein;
(g)
require the person in charge of a vehicle —
(i)
to stop and not to proceed until so authorised; or
(ii)
to bring the vehicle to any police station or examination station;
(h)
direct that the removal of any goods from or placed in any vessel be prohibited until so authorised;
(i)
require the master of any vessel or the pilot of any aircraft to produce a complete manifest of the whole cargo of the vessel or aircraft and a complete list of stores carried by that vessel or aircraft.
(3)  An authorised officer may exercise, in respect of any vehicle or any vessel not exceeding 75 tons net tonnage, the powers which are conferred upon a senior authorised officer by subsection (2) other than the powers conferred by paragraph (d) of that subsection.
(4)  It shall be presumed in any proceedings arising out of any thing done under this section, unless the contrary is proved, that any authorised officer, not being a senior authorised officer, by whom the thing was done was acting in accordance with the general or special direction of a senior authorised officer.
(5)  If any vessel or aircraft fails to comply with any lawful requisition or direction given or made under this section, a senior authorised officer may take all such steps as appear to him necessary to secure such compliance.
(6)  Any person who contravenes this section or who fails to comply with any lawful requisition or direction given or made thereunder shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $6,000 or to imprisonment for a term not exceeding 12 months or to both.
(7)  An authorised officer may exercise the powers conferred by this section in respect of a vessel under way if he reasonably suspects that it is not in transit through Singapore.
Examination of packages
140N.
—(1)  Any goods, package, box, chest or other article which is being or has recently been imported and in regard to which a reasonable suspicion exists that it is or that it contains a copy of copyright material liable to be seized under section 140B(7) may be —
(a)
examined and searched by an authorised officer or detained until any person in charge thereof has opened it for examination and search;
(b)
subjected to such tests or analysis as the authorised officer thinks fit;
(c)
forcibly opened by, or by order of, a senior authorised officer to facilitate the examination and search except that any person in charge of the package, box, chest or other article shall be afforded every reasonable facility for being present at the opening, examination and search; or
(d)
marked, locked, sealed or otherwise secured by an authorised officer pending examination and search.
(2)  Any person, other than an authorised officer, who removes, opens, breaks or tampers with any lock, seal or other means of securing any goods, package, box, chest or other article referred to in subsection (1)(d) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $6,000 or to imprisonment for a term not exceeding 6 months or to both.
Power to remove packages and goods to police station or examination station
140O.
—(1)  For the more convenient exercise of the powers conferred by section 140N, an authorised officer may remove any package, box, chest or other article or any goods to a police station or examination station or may require it to be so removed by the owner thereof or his agent or any person having the custody, charge or control thereof.
(2)  Any person who fails to comply with any such requisition shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $6,000.
(3)  Upon the failure by a person to comply with such a requisition, an authorised officer may remove the goods in the manner provided by subsection (1) and all the expenses of such removal (as certified by a senior authorised officer) shall be recoverable as a fine from that person or from the owner of the goods.
Search of persons and baggage
140P.
—(1)  Any person landing or being about to land or having recently landed from any vessel or aircraft, or leaving any vessel or aircraft in Singapore whether for the purpose of landing or otherwise, or entering or having recently entered Singapore by land, sea or air, shall —
(a)
on demand by an authorised officer, either permit his person and goods and baggage to be searched by the officer for any copy of copyright material liable to be seized under section 140B(7) or, together with the goods and baggage, accompany the officer to a police station or an examination station, and there permit his person and goods and baggage to be searched in the presence and under the supervision of a senior authorised officer for any copy of copyright material liable to be seized under section 140B(7); or
(b)
on demand by a senior authorised officer, permit his person and goods and baggage to be searched by the officer, or in the presence and under the supervision of the officer, for any copy of copyright material liable to be seized under section 140B(7).
(2)  Whenever it is necessary to cause a woman to be searched, the search shall be made by another woman and with strict regard to decency.
(3)  The goods and baggage of any person who requests to be present when they are searched shall not be searched except in his presence, unless he fails to be present after being given reasonable facility for being present.
(4)  Any person who refuses to comply with any lawful demand made under this section may be arrested without warrant by the authorised officer making the demand.
Powers of authorised officers to enter certain premises
140Q.
—(1)  For the purpose of exercising the powers conferred by sections 140M to 140P, an authorised officer may, without warrant, enter upon any islet, landing place, wharf, dock, railway or quay or the premises of a provider of port services or facilities licensed or exempted under the Maritime and Port Authority of Singapore Act (Cap. 170A), or of the Civil Aviation Authority of Singapore.
(2)  In this section, “railway” has the same meaning as in the Railways Act (Cap. 263).
Obstruction
140R.  Any person who —
(a)
refuses any authorised officer or senior authorised officer access to any vessel, aircraft, vehicle or place which the officer is entitled under this Division; or
(b)
obstructs or hinders any authorised officer or senior authorised officer in the execution of any power conferred upon that officer by this Division,
shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $15,000 or to imprisonment for a term not exceeding 12 months or to both.”.
Amendment of sub-heading
26.  The Copyright Act is amended by deleting the sub-heading “Division 6 — Miscellaneous” immediately above section 141 and substituting the sub-heading “Division 8 — Miscellaneous”.
Repeal of section 142
27.  Section 142 of the Copyright Act is repealed.
Amendment of section 143
28.  Section 143 of the Copyright Act is amended by deleting the definition of “research”.
Amendment of section 149
29.  Section 149(1) of the Copyright Act is amended by deleting the definition of “licence” and substituting the following definition:
“ “licence”  —
(a)
in relation to a literary, dramatic or musical work, means a licence granted by or on behalf of the owner or prospective owner of the copyright in the work to perform the work or an adaptation of the work in public, to broadcast the work or an adaptation of the work, to make a sound recording or cinematograph film of the work or an adaptation of the work for the purpose of broadcasting the work or adaptation or including it in a cable programme service; or
(b)
in relation to a computer program or sound recording, means a licence granted by or on behalf of the owner or prospective owner of the copyright in the program or recording to enter a commercial rental agreement in respect of the program or recording;".”.
New sections 156A and 156B
30.  The Copyright Act is amended by inserting, immediately after the sub-heading “Division 3 — Inquiries by, and Applications and References to, Tribunal” above section 157, the following sections:
Application to Tribunal for determination of remuneration payable for making recording or film of a work
156A.
—(1)  This section shall apply where an application is made to the Tribunal in pursuance of section 43(3) or 68(3) for the determination of an equitable remuneration to be paid to the owner of the copyright in a work for the making of a sound recording or cinematograph film of the work or of an adaptation of the work.
(2)  The parties to an application in relation to which this section applies are —
(a)
the owner of the copyright in the work; and
(b)
the maker of the recording or film.
(3)  Where an application in relation to which this section applies is made to the Tribunal, the Tribunal shall consider the application and, after giving to the parties to the application an opportunity of presenting their cases, shall make an order determining the amount that it considers to be equitable remuneration to the owner of the copyright for the making of the recording or film.
Application to Tribunal for determination of remuneration payable for making copy of sound recording
156B.
—(1)  This section shall apply where an application is made to the Tribunal in pursuance of section 107(3) for the determination of an equitable remuneration to be paid to the owner of the copyright in a sound recording for the making of a copy of the sound recording.
(2)  The parties to an application in relation to which this section applies are —
(a)
the owner of the copyright in the sound recording; and
(b)
the maker of the copy of the sound recording.
(3)  Where an application in relation to which this section applies is made to the Tribunal, the Tribunal shall consider the application and, after giving to the parties to the application an opportunity of presenting their cases, shall make an order determining the amount that it considers to be equitable remuneration to the owner of the copyright for the making of the copy of the sound recording.”.
Amendment of section 158
31.  Section 158 of the Copyright Act is amended —
(a)
by deleting the words “section 52(11) or 54(10)” in subsection (1) and substituting the words “section 52(11), 54(10) or 54A(7)”;
(b)
by deleting the words “or of a handicapped reader’s copy” in the fifth line of subsection (1) and substituting the words “, of a handicapped reader’s copy or of an intellectually handicapped reader’s copy”;
(c)
by deleting the words “or the handicapped reader’s copy” in subsection (2)(b) and substituting the words “, the handicapped reader’s copy or the intellectually handicapped reader’s copy”; and
(d)
by deleting the words “of the handicapped reader’s copy” in subsection (3)(a) and substituting the words “, of the handicapped reader’s copy or of the intellectually handicapped reader’s copy”.
Amendment of section 186
32.  Section 186(4) of the Copyright Act is amended by inserting, immediately after the words "cinematograph film" in the definition of “work”, the words “, a television broadcast, a sound broadcast”.
Amendment of section 201
33.  Section 201 of the Copyright Act is amended —
(a)
by deleting the marginal note and substituting the following marginal note:
Notation of copies, etc.”.
(b)
by deleting the words “or 54” in the fifth line of subsection (1) and substituting the words “, 54 or 54A”; and
(c)
by deleting the words “or 54(10)” in subsection (6)(b) and substituting the words “, 54(10) or 54A(7)”.
New section 201A
34.  The Copyright Act is amended by inserting, immediately after section 201, the following section:
Immunity of Government, etc.
201A.  No action or other legal proceedings shall lie against the Government or any officer or employee thereof for anything which is in good faith done or omitted to be done in the exercise of any power, duty or function under this Act or any regulations.”.
New Part XII
35.  The Copyright Act is amended by inserting, immediately after Part XI, the following Part:
PART XII
PERFORMERS’ PROTECTION
Interpretation
246.
—(1)  In this Part —
“action” means a proceeding of a civil nature between parties and includes a counterclaim;
“authorised”, in relation to a recording of a performance, means made with the authority of the performer;
“direct”, in relation to a recording of a performance, means made —
(a)
directly from the live performance; or
(b)
from a broadcast or re-broadcast of, or a cable programme that includes, the performance;
“exempt recording” means —
(a)
a direct recording of a performance made solely for the purpose of the private and domestic use of the person who made it;
(b)
a direct recording of a performance made solely for the purpose of use in scientific research;
(c)
a direct recording of a performance made by, or on behalf of, the body administering an educational institution solely for the educational purposes of that institution or of another educational institution;
(d)
a direct recording of a performance made for the purposes of setting or answering the questions in an examination or communicating the questions to the candidates;
(e)
a direct recording of a performance made in the course of instruction, or preparation for instruction, in the making of a cinematograph film or a sound-track associated with the visual images forming part of a cinematograph film, if the recording is done by a person giving or receiving such instruction;
(f)
a direct recording of a performance made by, or on behalf of, the body administering an institution assisting handicapped readers solely 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;
(g)
a direct recording of a performance made by, or on behalf of, the body administering an institution assisting intellectually handicapped persons solely for the purpose of the provision, whether by the institution or otherwise, of assistance to intellectually handicapped persons;
(h)
a direct recording of a performance made —
(i)
for the purpose of, or associated with, the reporting of news or current affairs; or
(ii)
for the purpose of criticism or review;
(i)
a direct recording of a performance made —
(i)
for the purpose of judicial proceedings;
(ii)
for the purpose of seeking professional advice from an advocate and solicitor; or
(iii)
for the purpose of, or in the course of, the giving of professional advice by an advocate and solicitor;
(j)
a direct recording of a performance made by a broadcaster who has the authority of the performer to broadcast the performance, being a recording made solely for the purpose of making that broadcast;
(k)
a direct recording of a performance made by a person who reasonably believes, due to a fraudulent or innocent misrepresentation made to the person, that the performer has authorised the making of the recording by the person;
(l)
a copy of a recording referred to in paragraph (a), (b), (c), (d), (e), (f), (g), (h) or (i), being a copy made solely for a purpose referred to in any of those paragraphs;
(m)
a copy of a recording referred to in paragraph (j), being a copy made solely for the purpose referred to in that paragraph;
(n)
a copy of a recording referred to in paragraph (k), being a copy made —
(i)
by a person who believes, due to a fraudulent or innocent misrepresentation made to the person, that the performer has authorised the making of the copy; or
(ii)
solely for a purpose referred to in paragraph (a), (b), (c), (d), (e), (f), (g), (h) or (i); or
(o)
a copy of an authorised recording of a performance;
“performance” means —
(a)
a performance (including an improvisation) of a dramatic work, or part of such a work, including such a performance given with the use of puppets;
(b)
a performance (including an improvisation) of a musical work or part of such a work;
(c)
the reading, recitation or delivery of a literary work, or part of such a work, or the recitation or delivery of an improvised literary work;
(d)
a performance of a dance; or
(e)
a performance of a circus act or a variety act or any similar presentation or show,
being a live performance given in Singapore or by one or more qualified persons, whether in the presence of an audience or otherwise;
“protection period”, in relation to a performance, means the period beginning on the day when the performance is given and ending at the end of the period of 50 calendar years after the calendar year in which the performance is given;
“qualified person” means a citizen of Singapore or a person resident in Singapore;
“recording” means a sound recording other than an exempt recording;
“unauthorised”, in relation to a recording of a performance, means made without the authority of the performer;
“unauthorised use” has the meaning given to it in section 252.
(2)  The following shall be taken not to be performances for the purposes of this Part:
(a)
a performance referred to in section 23(1);
(b)
a reading, recital or delivery of any item of news and information;
(c)
a performance of a sporting activity;
(d)
a participation in a performance as a member of an audience;
(e)
a performance in a National Day Parade in Singapore;
(f)
any other performance as may be prescribed by the Minister.
(3)  In this Part —
(a)
a reference to the doing of an act in relation to a performance shall be read as including a reference to the doing of that act in relation to a substantial part of the performance;
(b)
a reference to the doing of an act in relation to a recording of a performance shall be read as including a reference to the doing of that act in relation to a recording of a substantial part of the performance;
(c)
a reference to the doing of an act in relation to a performance, or a recording of a performance, with the authority of the performer is, in the case of 2 or more performers, a reference to the doing of the act where each of the performers has authorised the doing of the act;
(d)
a reference to the doing of an act in relation to a performance, or a recording of a performance, with the authority of the performer is, in the case of 2 or more performers, a reference to the doing of the act where each of the performers has authorised the doing of the act; and
(e)
a reference to the doing of an act in relation to a performance, or a recording of a performance, without the authority of the performer is, in the case of 2 or more performers, a reference to the doing of the act where at least one of the performers has not authorised the doing of the act.
Educational purposes
247.  Without limiting the meaning of the expression “educational purposes” in paragraph (c) of the definition of “exempt recording” in section 246(1), a recording or a copy of such a recording, shall be taken to have been made for the educational purposes of an educational institution if it is made —
(a)
for use in connection with a particular course of instruction provided by the institution; or
(b)
for inclusion in the collection of a library of the institution.
Exempt recordings cease to be exempt recordings in certain circumstances
248.
—(1)  If any recording of a performance, being a recording that is an exempt recording under paragraph (j) of the definition of “exempt recording” in section 246(1), is not destroyed before the expiration of the period of 6 months or, in the case of a recording made by a non-profit organisation solely for its own broadcast, 2 years, commencing on the day on which the recording is first used for broadcasting the performance, the recording shall, at the end of that period, cease to be an exempt recording.
(2)  If any copy of a recording of a performance, being an exempt recording under paragraph (m) of the definition of “exempt recording” in section 246(1), is not destroyed 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 the copy is first used for broadcasting the performance, the copy of the recording shall, at the end of that period, cease to be an exempt recording.
(3)  A recording or a copy of such a recording that is an exempt recording because it was made for a purpose referred to in paragraph (a), (b), (c), (d), (e), (f), (g), (h) or (i) of the definition of “exempt recording” in section 246(1), ceases to be an exempt recording if it is used for any other purpose without the authority of the performer.
Private and domestic use
249.  For the purposes of this Part, a recording or a copy of such a recording shall be taken not to have been made for the private and domestic use of the person who made it if it is made for the purpose of —
(a)
the sale or letting for hire of the recording;
(b)
broadcasting the recording or including it in a cable programme; or
(c)
causing the recording to be heard in public.
References to inclusion of performance in a cable service
250.  A reference in this Part to the inclusion of a performance in a cable programme service is a reference to the inclusion of the performance in a programme of such a service by the person providing that service.
Application
251.
—(1)  This Part shall apply to an act done on or after the date of commencement of the Copyright (Amendment) Act 1998 in relation to a performance given before, on or after that date.
(2)  Nothing in this Part shall affect any copyright subsisting in a work that is performed or in any sound recording, cinematograph film or broadcast of a performance, or any other right or obligation arising otherwise than under this Part.
What constitutes unauthorised use
252.
—(1)  A person makes an unauthorised use of a performance if the person, at any time during the protection period of the performance and without the authority of the performer —
(a)
makes a direct recording of the performance;
(b)
broadcasts live the performance;
(c)
makes a copy of a recording of the performance that the person knows, or ought reasonably to know, is an unauthorised recording;
(d)
makes a copy of an exempt recording of the performance, being a copy that the person knows, or ought reasonably to know, is not itself an exempt recording; or
(e)
causes the performance to be seen and heard, or seen or heard, live in public.
(2)  This section shall apply only to acts done in Singapore.
Action for unauthorised use
253.
—(1)  A performer may bring an action for an unauthorised use of his performance.
(2)  The relief that a court may grant in an action for an unauthorised use of a performance includes an injunction (subject to such terms, if any, as the court thinks fit) and damages.
(3)  Where, in an action for an unauthorised use of a performance —
(a)
the unauthorised use is established; and
(b)
the court is satisfied that it is proper to do so, having regard to —
(i)
the flagrancy of the use;
(ii)
any benefit shown to have accrued to the defendant by reason of the use; and
(iii)
all other relevant matters,
the court may, in assessing damages, award such additional damages as it considers appropriate in the circumstances.
(4)  The court may, in addition to any relief granted under subsections (2) and (3), order any unauthorised recording of the performance, or any article specifically designed or adapted for making unauthorised recordings of the performance, in the possession of the defendant or before the court to be delivered up to the performer.
(5)  No order shall be made under subsection (4) unless the court also makes, or it appears to the court that there are grounds for making, an order under section 254.
(6)  A performer to whom an unauthorised recording or other object is delivered up pursuant to an order made under subsection (4) shall, if an order under section 254 is not made, retain the recording or object pending the making of an order, or the decision not to make an order, under that section.
Order for disposal of infringing copies or other object
254.
—(1)  An application may be made to the court for an order that an unauthorised recording or other object delivered up pursuant to an order made under section 253 shall be —
(a)
forfeited to the performer; or
(b)
destroyed or otherwise dealt with as the court thinks fit.
(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 an unauthorised use of a performance would be adequate to compensate the performer and to protect the interests of that performer; and
(b)
the need to ensure that no unauthorised recording is disposed of in a manner that would adversely affect a performer.
(3)  The court shall issue directions as to the service of notice on persons having an interest in the recording or other object.
(4)  Any person having an interest in the recording or other object is entitled —
(a)
to appear in proceedings for an order under this section, whether or not he is served with notice; and
(b)
to appeal against any order made, whether or not he appears in the proceedings.
(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.
(6)  Where there is more than one person interested in a recording 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.
(7)  If the court decides that no order should be made under this section, the person in whose possession the recording or other object was before being delivered up is entitled to its return and the court may order the defendant to pay to the performer such damages as the court thinks just or equitable.
Rights to bring an action not assignable
255.  The right of a performer to bring an action under this Part is not assignable.
Application to foreign countries
256.
—(1)  The Minister may make regulations applying any of the provisions of this Part specified in the regulations, in relation to a country so specified, in any one or more of the following ways, so as to secure that those provisions —
(a)
apply in relation to performances given in that country as they apply in relation to performances given in Singapore;
(b)
apply in relation to persons who are citizens or nationals of that country as they apply in relation to persons who are citizens of Singapore;
(c)
apply in relation to persons who are resident in that country as they apply in relation to persons who are resident in Singapore.
(2)  Regulations made under subsection (1) may apply the provisions —
(a)
without exception or modification or subject to such exceptions or modifications as may be specified in the regulations; and
(b)
either generally or in relation to such classes of performances, or other classes of cases, as may be specified in the regulations.
(3)  The Minister shall not make regulations applying any of the provisions of this Part in the case of a country, other than a country which is a party to a Convention relating to the protection of performers to which Singapore is also a party, unless the Minister is satisfied that, in respect of the performances to which those provisions relate, provision has been or will be made under the law of that country whereby adequate protection is or will be given to performers whose performances are protected under this Part.
Denial of protection to citizens of countries not giving adequate protection to Singapore performances
257.
—(1)  If it appears to the Minister that the law of a country does not give adequate protection to performances given in that country by a citizen of Singapore or a person resident in Singapore (whether the lack of protection relates to the nature of the performance or the nationality, citizenship or country of residence of its performer, or all of those matters), the Minister may, having regard to the nature and extent of the lack of protection involved, make regulations in relation to that country in accordance with subsection (2).
(2)  Regulations made for the purposes of this section may provide, either generally or in such cases as are specified in the regulations, that this Part does not apply to performances given after a date specified in the regulations (which may be a date before the commencement of the regulations or of the Copyright (Amendment) Act 1998) if, at the time the performances were or are given, the performers were or are citizens or nationals of a country specified in the regulations, other than persons resident in Singapore.”.
Transitional provisions
36.
—(1)  Subject to subsection (2), section 6 shall apply in relation to computer programs created before the date of commencement of this Act as it applies to computer programs created on or after that date.
(2)  Nothing in section 6 shall affect any agreement or any term or condition of an agreement where the agreement, term or condition is entered into before the commencement of this Act.
(3)  Nothing in section 23 shall affect proceedings instituted under section 136 of the Copyright Act in force immediately before the commencement of this Act, and that section shall continue to apply to the proceedings as if this Act had not been enacted.
(4)  Nothing in this section shall be taken as prejudicing section 16 of the Interpretation Act (Cap. 1).
(5)  The Minister may by regulations make such further transitional provisions as he may consider necessary and expedient.