PART IV
COPYRIGHT
IN SUBJECT-MATTER OTHER THAN WORKS
Division 1 — Preliminary
Interpretation of this Part
81.
—(1)
In
this Part —"interactive
service"
means a service that
enables an individual to receive —
(a)
a transmission of a programme specially
created for that individual; or
(b)
on request, a transmission of a particular
sound recording, whether or not as part of a programme, which is
selected by or on behalf of that individual,
but does not include any service that
enables an individual to request that particular sound recording
be performed for reception by the public at large or, in the case
of a subscription service, by all subscribers of that service, unless
the programming on each channel of that service consists substantially of
sound recordings that are performed within an hour of the request
or at a time designated by that individual;
"qualified
person"
means —
(a)
a citizen of Singapore, or an individual
resident in Singapore; or
(b)
a body corporate incorporated under
any written law in Singapore.
[38/99;52/2004]
(2)
In this Part, a reference to the reproduction
or making of a copy of any subject-matter includes a reference to
the making of a copy which is transient or is incidental to some
other use of the subject-matter.
[38/99]
[Aust. 1968,
s. 84]
Division 2 — Nature of Copyright
in Subject-Matter other than Works
Nature of copyright in sound recordings
82.
—(1)
For
the purposes of this Act, unless the contrary intention appears,
copyright, in relation to a sound recording, is the exclusive right
to do all or any of the following acts:(a)
to make a copy of the sound recording;
(b)
to enter into a commercial rental
arrangement in respect of the recording;
(c)
to publish the sound recording if
it is unpublished;
(d)
to make available to the public a
sound recording by means of, or as part of, a digital audio transmission.
[6/98;52/2004]
(2)
Subsection (1) (b)
shall not extend to entry into a commercial rental arrangement in
respect of a sound recording if —(a)
the copy of the sound recording, not
being an infringing copy, was purchased by a person (referred to
in this subsection as the record owner) before 16th April 1998;
(b)
the commercial rental arrangement
is entered into in the ordinary course of a business conducted by
the record owner; and
(c)
the record owner was conducting the
same business, or another business that consisted of, or included,
the making of commercial rental arrangements in respect of copies
of sound recordings, when the copy was purchased.
[6/98]
(3)
For the avoidance of doubt, “make
available” for the purposes of this Part does not include
the causing of a sound recording to be heard, otherwise than by
means of or as part of a digital audio transmission.
[52/2004]
[Aust. 1968,
s. 85]
Nature of copyright in cinematograph films
83.
For
the purposes of this Act, unless the contrary intention appears,
copyright, in relation to a cinematograph film, is the exclusive
right to do all or any of the following acts:(a)
to make a copy of the film;
(b)
to cause the film, insofar as it consists
of visual images, to be seen in public;
(c)
to communicate the film to the public.
[52/2004]
[Aust. 1968,
s. 86]
Nature of copyright in television broadcasts and
sound broadcasts
84.
—(1)
For
the purposes of this Act, unless the contrary intention appears,
copyright, in relation to a television broadcast or sound broadcast,
is the exclusive right —(a)
in the case of a television broadcast
insofar as it consists of visual images — to make a cinematograph
film of the broadcast, or a copy of such a film;
(b)
in the case of a sound broadcast,
or of a television broadcast insofar as it consists of sounds — to
make a sound recording of the broadcast, or a copy of such a sound
recording;
(c)
in the case of a television broadcast — to
cause it, insofar as it consists of visual images, to be seen in
public, or, insofar as it consists of sounds, to be heard in public,
if it is seen or heard by a paying audience; and
(d)
in the case of a television broadcast
or a sound broadcast — to re-broadcast it or to otherwise
communicate it to the public.
[52/2004]
(2)
For the purposes of subsection (1)
(c), a television broadcast shall be taken to be
seen or heard by a paying audience if it is seen or heard by persons
who either —(a)
have been admitted for payment to
the place where the broadcast is to be seen or heard, or have been
admitted for payment to a place of which that place forms part;
or
(b)
have been admitted to the place where
the broadcast is to be seen or heard in circumstances where goods
or services are supplied there at prices which exceed the prices
usually charged at that place and are partly attributable to the
facilities afforded for seeing or hearing the broadcast.
(3)
For the purposes of subsection (2)
(a), no account shall be taken —(a)
of persons admitted to the place in
question as residents or inmates therein; or
(b)
of persons admitted to that place
as members of a club or society, where the payment is only for membership
of the club or society and the provision of facilities for seeing
or hearing television broadcasts is only incidental to the main
purposes of the club or society.
[Aust. 1968,
s. 87]
Nature of copyright in cable programmes
85.
—(1)
For
the purposes of this Act, unless the contrary intention appears,
copyright, in relation to a cable programme, is the exclusive right
to do all or any of the following acts:(a)
insofar as it consists of visual images,
to make a cinematograph film of it or a copy of such a film;
(b)
insofar as it consists of sounds,
to make a sound recording of it or a copy of such a sound recording;
(c)
to cause it, insofar as it consists
of visual images, to be seen in public, or, insofar as it consists
of sounds, to be heard in public, if it is seen or heard by a paying
audience;
(d)
to communicate it to the public.
[52/2004]
(2)
Subsection (1) shall apply whether
the act in question is done by the reception of the programme or
by making use of any record, print, negative, tape or other article
on which the programme has been recorded.
(3)
In relation to copyright in cable
programmes, insofar as they consist of visual images, subsection
(1) shall apply to any sequence of images sufficient to be seen
as a moving picture; and accordingly, for the purpose of establishing
an infringement of such copyright, it shall not be necessary to
prove that the act in question extended to more than such a sequence
of images.
(4)
For the purposes of subsection (1)
(c), a cable programme shall be taken to be seen
or heard by a paying audience if it is seen or heard by persons
who either —(a)
have been admitted for payment to
the place where the programme is to be seen or heard, or have been
admitted for payment to a place of which that place forms a part;
or
(b)
have been admitted to the place where
the programme is to be seen or heard in circumstances where goods
or services are supplied there at prices which exceed the prices
usually charged at that place and are partly attributable to the
facilities afforded for seeing or hearing the programme.
(5)
For the purposes of subsection (4)
(a), no account shall be taken —(a)
of persons admitted to the place in
question as residents or inmates therein; or
(b)
of persons admitted to that place
as members of a club or society, where payment is only for membership
of the club or society and the provision of facilities for seeing
or hearing cable programmes is only incidental to the main purposes
of the club or society.
Nature of copyright in published editions of works
86.
For
the purposes of this Act, unless the contrary intention appears,
copyright, in relation to a published edition of a literary, dramatic,
musical or artistic work or of 2 or more literary, dramatic, musical
or artistic works, is the exclusive right to make, by a means that
includes a photographic process, a reproduction of the edition.
[Aust. 1968,
s. 88]
Division 3 — Subject-Matter,
other than Works, in which Copyright Subsists
Sound recordings in which copyright subsists
87.
—(1)
Subject
to the provisions of this Act, copyright shall subsist in a sound recording
of which the maker was a qualified person at the time when the
recording was made.
(2)
Without prejudice to subsection (1),
copyright shall subsist, subject to the provisions of this Act,
in a sound recording if the recording was made in Singapore.
(3)
Without prejudice to subsections (1)
and (2), copyright shall subsist, subject to the provisions of this
Act, in a published sound recording if the first publication of the
recording took place in Singapore.
[Aust. 1968,
s. 89]
Cinematograph films in which copyright subsists
88.
—(1)
Subject
to the provisions of this Act, copyright shall subsist in a cinematograph
film of which the maker was a qualified person for the whole or
a substantial part of the period during which the film was made.
(2)
Without prejudice to subsection (1),
copyright shall subsist, subject to the provisions of this Act,
in a cinematograph film if the film was made in Singapore.
(3)
Without prejudice to subsections (1)
and (2), copyright shall subsist, subject to the provisions of this
Act, in a published cinematograph film if the first publication of
the film took place in Singapore.
[Aust. 1968,
s. 90]
Television broadcasts and sound broadcasts in which
copyright subsists
89.
Subject
to the provisions of this Act, copyright shall subsist —(a)
in a television broadcast made from
a place in Singapore by the holder of a broadcasting licence; and
(b)
in a sound broadcast made from a place
in Singapore by the holder of a broadcasting licence.
[15/94]
[Aust. 1968,
s. 91]
Cable programmes in which copyright subsists
90.
—(1)
Subject
to the provisions of this Act, copyright shall subsist in a cable programme
which is included in a cable programme service provided by a qualified person
in Singapore.
(2)
Copyright shall not subsist in a cable
programme by virtue of this section if the programme is included
in the cable programme service by the reception and immediate re-transmission
of a television broadcast or a sound broadcast.
Published editions of works in which copyright subsists
91.
—(1)
Subject
to the provisions of this Act, copyright shall subsist in a published
edition of a literary, dramatic, musical or artistic work, or of
2 or more literary, dramatic, musical or artistic works, where —(a)
the first publication of the edition
took place in Singapore; or
(b)
the publisher of the edition was a
qualified person at the date of the first publication of the edition.
(2)
Subsection (1) shall not apply to
an edition that reproduces a previous edition of the same work
or works.
[Aust. 1968,
s. 92]
Division 4 — Duration of
Copyright in Subject-Matter other than Works
Duration of copyright in sound recordings
92.
Copyright
subsisting in a sound recording by virtue of this Part shall continue to
subsist until the expiration of 70 years after the expiration of
the calendar year in which the recording is first published.
[21/2004]
[Aust. 1968,
s. 93]
Duration of copyright in cinematograph films
93.
—(1)
Copyright
subsisting in a cinematograph film by virtue of section 88 (1) or
(2) shall continue to subsist until the film is published and, after
the publication of the film, until the expiration of 70 years after
the expiration of the calendar year in which the film was first
published.
[21/2004]
(2)
Copyright subsisting in a cinematograph
film by virtue only of section 88 (3) shall continue to subsist
until the expiration of 70 years after the expiration of the calendar
year in which the film was first published.
[21/2004]
[Aust. 1968,
s. 94]
Duration of copyright in television broadcasts and
sound broadcasts
94.
—(1)
Copyright
subsisting in a television broadcast or sound broadcast by virtue
of this Part shall continue to subsist until the expiration of 50
years after the expiration of the calendar year in which the broadcast
was made.
(2)
Insofar as a television broadcast
or sound broadcast is a repetition (whether the first or a subsequent
repetition) of a previous television broadcast or sound broadcast to
which section 89 applies, and is made by broadcasting visual images
or sounds embodied in any article or thing —(a)
if it is made before the expiration
of the period of 50 years after the expiration of the calendar year
in which the previous broadcast was made — any copyright
subsisting in it shall expire at the expiration of that period;
and
(b)
if it is made after the expiration
of that period — copyright shall not subsist in it by virtue
of this Part.
[Aust. 1968,
s. 95]
Duration of copyright in cable programmes
95.
Copyright
subsisting in a cable programme by virtue of this Part shall continue to
subsist until the expiration of 50 years from the end of the calendar
year in which the cable programme is first included in the cable
programme service.
Duration of copyright in published editions of works
96.
Copyright
subsisting in a published edition of a work or works by virtue of
this Part shall continue to subsist until the expiration of 25 years
after the expiration of the calendar year in which the edition was
first published.
[Aust. 1968,
s. 96]
Division 5 — Ownership of
Copyright in Subject-Matter other than Works
Ownership of copyright in sound recordings
97.
—(1)
This
section shall have effect subject to Part X.
(2)
Subject to subsection (3), the maker
of a sound recording is the owner of any copyright subsisting in
the recording by virtue of this Part.
(3)
Where —(a)
a person makes, for valuable consideration,
an agreement with another person for the making of a sound recording
by the other person; and
(b)
the recording is made in pursuance
of the agreement,
the first-mentioned person is, in the
absence of any agreement to the contrary, the owner of any copyright
subsisting in the recording by virtue of this Part.
[Aust. 1968,
s. 97]
Ownership of copyright in cinematograph films
98.
—(1)
This
section shall have effect subject to Part X.
(2)
Subject to subsection (3), the maker
of a cinematograph film is the owner of any copyright subsisting
in the film by virtue of this Part.
(3)
Where —(a)
a person makes, for valuable consideration,
an agreement with another person for the making of a cinematograph
film by the other person; and
(b)
the film is made in pursuance of the
agreement,
the first-mentioned person is, in the
absence of any agreement to the contrary, the owner of any copyright
subsisting in the film by virtue of this Part.
[Aust. 1968,
s. 98]
Ownership of copyright in television broadcasts and
sound broadcasts
99.
Subject
to Part X, a person who is or has been a holder of a broadcasting
licence is the owner of any copyright subsisting in a television
broadcast or sound broadcast, as the case may be, made by that person.
[15/94]
[Aust. 1968,
s. 99]
Ownership of copyright in cable programmes
100.
Subject
to Part X, a person providing a cable programme service is the owner of
any copyright subsisting in a cable programme included in that service.
Ownership of copyright in published editions of works
101.
Subject
to Part X, the publisher of an edition of a work or works is the
owner of any copyright subsisting in the edition by virtue of this
Part.
[Aust. 1968,
s. 100]
Division 6 — Infringement
of Copyright in Subject-Matter other than Works
Interpretation of this Division
102.
In
this Division, “audio-visual item” means a sound
recording, a cinematograph film, a sound broadcast, a television
broadcast or a cable programme.
[6/98]
[Aust. 1968,
s. 100A]
Infringement by doing acts comprised in copyright
103.
—(1)
Subject
to the provisions of this Act, a copyright subsisting by virtue
of this Part is infringed by a person who, not being the owner of
the copyright, and without the licence of the owner of the copyright,
does in Singapore, or authorises the doing in Singapore of, any
act comprised in the copyright.
(2)
Sections 104 and 105 shall not affect
the generality of subsection (1).
(3)
Subsection (1) shall apply in relation
to an act done in relation to a sound recording whether the act
is done by directly or indirectly making use of a record embodying
the recording.
(4)
Subsection (1) shall apply in relation
to an act done in relation to a television broadcast or a sound
broadcast or a cable programme whether the act is done by the reception
of the broadcast or programme or by making use of any article or
thing in which the visual images and sounds comprised in the broadcast
or programme have been embodied.
[Aust. 1968,
s. 101]
Infringement by importation for sale or hire
104.
A
copyright subsisting by virtue of this Part is infringed by a person
who, without the licence of the owner of the copyright, imports
an article into Singapore for the purpose of —(a)
selling, letting for hire, or by way
of trade offering or exposing for sale or hire, the article;
(b)
distributing the article —(i)
for the purpose of trade; or
(ii)
for any other purpose to an extent
that will affect prejudicially the owner of the copyright; or
(c)
by way of trade exhibiting the article
in public,
where, he knows, or ought reasonably
to know, that the making of the article was carried out without
the consent of the owner of the copyright.
[Aust. 1968,
s. 102]
Infringement by sale and other dealings
105.
—(1)
A
copyright subsisting by virtue of this Part is infringed by a person who,
in Singapore, and without the licence of the owner of the copyright —(a)
sells, lets for hire, or by way of
trade offers or exposes for sale or hire, an article; or
(b)
by way of trade exhibits an article
in public,
where he knows, or ought reasonably
to know, that the making of the article constituted an infringement
of the copyright or, in the case of an imported article, the making
of the article was carried out without the consent of the owner
of the copyright.
(2)
For the purposes of subsection (1),
the distribution of any articles —(a)
for the purpose of trade; or
(b)
for any other purpose to an extent
that affects prejudicially the owner of the copyright concerned,
shall be taken to be the sale of those
articles.
[Aust. 1968,
s. 103]
Infringing copies made on machines installed in libraries
and archives
105A.
Where —(a)
a person makes an infringing copy
of, or of part of, an audio-visual item on a machine (including
a computer), being a machine installed by or with the approval of
the body administering any library or archives on the premises of
the library or archives, or outside those premises for the convenience
of persons using the library or archives; and
(b)
there is affixed to, or in close proximity
to, the machine, in a place readily visible to persons using the
machine, a notice of the prescribed dimensions and in accordance
with the prescribed form,
neither the body administering the
library or archives, nor the officer-in-charge of the library or
archives, shall be taken to have authorised the making of the infringing copy
by reason only that the copy was made on that machine.
[52/2004]
[Aust. 1968,
s. 104B]
Acts done for purposes of judicial proceeding
106.
A
copyright subsisting by virtue of this Part is not infringed by
anything done —(a)
for the purpose of a judicial proceeding
or a report of a judicial proceeding;
(b)
for the purpose of seeking professional
advice from an advocate and solicitor; or
(c)
for the purpose of, or in the course
of, the giving of professional advice by an advocate and solicitor.
[Aust. 1968,
s. 104]
Making of a copy of sound recording for purposes
of broadcasting
107.
—(1)
The
copyright in a sound recording is not infringed by the making of
a copy of a sound recording solely for the purpose of the broadcasting
of the recording.
[6/98]
(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.
[6/98]
(2A)
Notwithstanding subsections (1) and
(2), where a sound recording is intended for broadcast or is broadcast,
the copyright in the sound recording is not infringed by —(a)
the making of a copy of the sound
recording for, or the supply of a copy of the sound recording to,
any statutory authority; or
(b)
the use of a copy of the sound recording
by that statutory authority or any of its authorised officers,
for the purpose of ascertaining whether
the intended broadcast complies with, or the broadcast contravenes,
the provisions of any written law administered by that statutory
authority.
[52/2004]
(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 a
Copyright Tribunal, on the application of either of them, to
be equitable remuneration to the owner for the making of the copy.
[6/98]
(4)
A
person who has given an undertaking referred to in subsection (3)
shall be liable, when a Copyright Tribunal has determined the
amount to which the undertaking relates, to pay that amount to the
owner of the copyright in the recording and the owner may recover
that amount in a court of competent jurisdiction from the person
as a debt due to the owner.
[6/98]
(5)
Subsection (1) shall not apply in
relation to a 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.
[6/98]
[Aust. 1968,
s. 107]
Making of copy of sound recording or cinematograph
film for purpose of simulcasting
107A.
—(1)
Where
the broadcasting of a sound recording or a cinematograph film would
not for any reason constitute an infringement of the copyright in
the recording or film, but the making of a copy of the recording
or film would, apart from this section, constitute an infringement
of the copyright, the copyright is not infringed by the making of
a copy of the recording or film if the copy is made solely for the
purpose of simulcasting the recording or film in digital form.
[52/2004]
(2)
Subsection (1) shall not apply in
relation to a copy of a recording or film if the copy is used for
a purpose other than —(a)
the simulcasting of the recording
or film in circumstances that do not for any reason constitute an
infringement of the copyright in the recording or film; or
(b)
the making of further copies of the
recording or film for the purpose of simulcasting the recording
or film in such circumstances.
[52/2004]
(3)
Subsection (1) shall not apply in
relation to a copy of a recording or film unless all copies of the
recording or film made under that subsection are destroyed before the
expiration of the prescribed period.
[52/2004]
[Aust. 1968,
s. 110C]
Non-subscription digital
audio transmissions
107B.
Without
prejudice to the generality of section 82(3), it is not an infringement
of a copyright in a sound recording to make available to the public
the sound recording by means of or as part of a digital audio transmission
where the transmission —(a)
is a sound broadcast;
(b)
is not part of an interactive service;
and
(c)
is not a subscription transmission.
Digital audio transmissions within business establishment
107C.
—(1)
It
is not an infringement of a copyright in a sound recording to make available
to the public the sound recording by means of or as part of a digital
audio transmission if —(a)
the sound recording is made available
to the public by such means within the premises of a business establishment;
(b)
the making available to the public
of the sound recording by such means causes the sound recording
to be heard within the premises or immediate surroundings of the
business establishment; and
(c)
the business carried on in the business
establishment does not consist primarily of the making available
to the public of sound recordings by such means for payment.
[52/2004]
(2)
In this section, “premises” includes
any land, building structure and conveyance.
[52/2004]
Other non-infringing
non-interactive transmissions
107D.
It
is not an infringement of a copyright in a sound recording to make
available to the public the sound recording by means of or as part
of a digital audio transmission that is not part of an interactive
service, if the person who does so pays the owner of the copyright
in the sound recording such amount by way of equitable remuneration
in respect of the transmission as may be agreed upon between them
or, in default of such an agreement, as may be determined by a Copyright
Tribunal on the application of either party.
[52/2004]
[Aust. 1968,
s. 108 (1)]
Temporary copy made in course of communication
107E.
—(1)
Subject
to subsection (2), the copyright in an audio- visual item is not infringed
by the making of a temporary or transient copy of the audio-visual
item if —(a)
the copy is made incidentally as part
of the technical process of making or receiving a communication;
and
(b)
the act of making the communication
itself does not constitute an infringement.
[22/2005]
(2)
Subsection (1) shall not apply to
the making of a temporary or transient copy of an audio-visual item
if the copy of the audio-visual item that is communicated —(a)
is an infringing copy of the audio-visual
item; or
(b)
is a copy that, if it had been made
in Singapore, would have been an infringing copy of the audio-visual
item.
[22/2005]
(3)
Nothing in subsection (1) shall be
construed as authorising any subsequent use of the temporary or
transient copy of the audio-visual item.
[22/2005]
[Aust. 1968,
s. 111A]
Provisions relating to cinematograph films
108.
—(1)
Where
the visual images forming part of a cinematograph film consist wholly
or principally of images that, at the time when they were first
embodied in an article or thing, were means of communicating news,
the copyright in the film is not infringed by the causing of the
film to be seen or heard, or to be both seen and heard, in public
after the expiration of 50 years after the expiration of the calendar year
in which the principal events depicted in the film occurred.
(2)
Where the sounds that are embodied
in a sound-track associated with the visual images forming part
of a cinematograph film are also embodied in a record, other than
such a sound-track or a record derived directly or indirectly from
such a sound-track, the copyright in the cinematograph film is not
infringed by any use made of that record.
[Aust. 1968,
s. 110]
Fair dealing in relation to other subject-matter
109.
—(1)
Subject
to this section, a fair dealing with an audio-visual item for any purpose
other than a purpose referred to in section 110 or 111 shall not
constitute an infringement of the copyright in the item or in any
work or other audio-visual item included in the item.
[52/2004]
(2)
The purposes for which a dealing with
an audio-visual item may constitute a fair dealing under subsection
(1) shall include research and study.
[52/2004]
(3)
For the purposes of this Act, the
matters to which regard shall be had, in determining whether a
dealing with an audio-visual item, being a dealing by way of copying
the whole or a part of the audio-visual item, constitutes a fair
dealing with the audio-visual item for any purpose other than a
purpose referred to in section 110 or 111 shall include —(a)
the purpose and character of the dealing,
including whether such dealing is of a commercial nature or is for
non-profit educational purposes;
(b)
the nature of the audio-visual item;
(c)
the amount and substantiality of the
part copied taken in relation to the whole audio-visual item;
(d)
the effect of the dealing upon the
potential market for, or value of, the audio-visual item; and
(e)
the possibility of obtaining the audio-visual
item within a reasonable time at an ordinary commercial price.
[52/2004]
Fair dealing for purpose of criticism or review
110.
A
fair dealing with an audio-visual item shall not constitute an infringement of
the copyright in the item or in any work or other audio-visual item
included in the item if it is for the purpose of criticism or review,
whether of the first-mentioned audio-visual item, another audio-visual
item or a work, and a sufficient acknowledgment of the first-mentioned
audio-visual item is made.
[Aust. 1968,
s. 41]
Fair dealing for purpose of reporting news
111.
A
fair dealing with an audio-visual item shall not constitute an infringement of
the copyright in the item or in any work or other audio-visual item
included in the item if —(a)
it is for the purpose of, or is associated
with, the reporting of news in a newspaper, magazine or similar
periodical and a sufficient acknowledgment of the first-mentioned
audio- visual item is made; or
(b)
it is for the purpose of, or is associated
with, the reporting of news by means of broadcasting or a cable
programme service, by any other means of communication to the public,
or in a cinematograph film.
[52/2004]
[Aust. 1968,
s. 42]
Copying of unpublished sound recordings and cinematograph
films in libraries or archives
112.
Where,
at a time more than 50 years after the time at which, or the expiration of
the period during which, a sound recording or cinematograph film
was made, copyright subsists in the sound recording or cinematograph
film but —(a)
the sound recording or cinematograph
film has not been published; and
(b)
a record embodying the sound recording,
or a copy of the cinematograph film, is kept in the collection of
a library or archives where it is, subject to any regulations governing
that collection, accessible to the public,
the copyright in the sound recording
or cinematograph film and in any work or other subject-matter included
in the sound recording or cinematograph film is not infringed —(i)
by the making of a copy, or the communication,
of the sound recording or cinematograph film by a person for the
purpose of research or study or with a view to publication; or
(ii)
by the making of a copy, or the communication,
of the sound recording or cinematograph film by or on behalf of
the officer-in-charge of the library or archives, if the copy or
the recording or film is supplied (whether by communication or
otherwise) to a person who satisfies the officer that he requires
the copy or the recording or film for the purpose of research or study
or with a view to publication and that he will not use it for any
other purpose.
[52/2004]
[Aust. 1968,
s. 51]
Copying of sound recordings and cinematograph films
for preservation and other purposes
113.
—(1)
Subject
to subsection (3), where a copy of a sound recording, being a sound
recording that forms, or formed, part of the collection of a library
or archives, is made by or on behalf of the officer-in-charge of
the library or archives —(a)
if the sound recording is held in
the collection in the form of a first record — for the
purpose of preserving the record against loss or deterioration or for
the purpose of research that is being, or is to be, carried out
at the library or archives in which the record is held or at another
library or archives;
(b)
if the sound recording is held in
the collection in a published form but has been damaged or has deteriorated — for
the purpose of replacing the sound recording; or
(c)
if the sound recording has been held
in the collection in a published form but has been lost or stolen — for
the purpose of replacing the sound recording,
the making of the copy does not infringe
copyright in the sound recording or in any work or other subject-matter
included in the sound recording.
(2)
Subject to subsection (3), where a
copy of a cinematograph film, being a cinematograph film that forms,
or formed, part of the collection of a library or archives, is made
by or on behalf of the officer-in-charge of the library or archives —(a)
if the cinematograph film is held
in the collection in the form of a first copy — for the
purpose of preserving the copy against loss or deterioration or for
the purpose of research that is being, or is to be, carried out
at the library or archives in which the copy is held or at another
library or archives;
(b)
if the cinematograph film is held
in the collection in a published form but has been damaged or has
deteriorated — for the purpose of replacing the cinematograph
film; or
(c)
if the cinematograph film has been
held in the collection in a published form but has been lost or
stolen — for the purpose of replacing the cinematograph
film,
the making of the copy does not infringe
copyright in the cinematograph film or in any work or other subject-matter
included in the cinematograph film.
(3)
Subsection (1) does not apply in relation
to a sound recording, and subsection (2) does not apply in relation
to a cinematograph film, held in a published form in the collection
of a library or archives unless an authorised officer of the library
or archives has, after reasonable investigation, made a declaration
stating that he or she is satisfied that a copy (not being a secondhand
copy) of the sound recording or cinematograph film, as the case
may be, cannot be obtained within a reasonable time at an ordinary
commercial price.
(4)
Where a copy of an unpublished sound
recording or an unpublished cinematograph film is made under subsection
(1) or (2) by or on behalf of the officer-in-charge of a library
or archives for the purpose of research that is being, or is to
be, carried out at another library or archives, the supply of the
copy by or on behalf of the officer to the other library or archives
does not, for any purpose of this Act, constitute the publication
of the sound recording or cinematograph film or of any work or other
subject-matter included in the sound recording or cinematograph
film.
[Aust. 1968,
s. 110B]
Filming or recording broadcasts or programmes for
private and domestic use
114.
—(1)
The
copyright in a television broadcast or a cable programme, or in
a literary, artistic, dramatic or musical work or a cinematograph
film included in the broadcast or programme, insofar as it consists
of visual images, is not infringed by the making of a cinematograph
film of the broadcast or the cable programme for the private and
domestic use of the person by whom the cinematograph film is made.
(2)
The copyright in a sound broadcast,
a television broadcast or a cable programme, or in a literary, dramatic
or musical work, a sound recording or a cinematograph film included
in the broadcast or programme, insofar as it consists of sounds, is
not infringed by the making of a sound recording of the broadcast
or the cable programme for the private and domestic use of the person
by whom the sound recording is made.
(3)
For the purposes of this section,
a cinematograph film or a sound recording shall be deemed to be
made otherwise than for the private and domestic use of the person
by whom it is made if it is made for the purpose of —(a)
the sale or letting for hire of the
film or the sound recording, as the case may be;
(b)
broadcasting the film or recording
or including it in a cable programme; or
(c)
causing the film or recording to be
seen or heard in public.
[Aust. 1968,
s. 111]
Use of broadcasts for educational purposes
115.
The
making of a record of a sound broadcast or a cinematograph film
of a television broadcast or of a cable programme does not constitute
an infringement of copyright in a work or sound recording or cinematograph
film included in the broadcast or programme, or an infringement
of copyright in the broadcast or programme, if —(a)
the record or cinematograph film is
made by, or on behalf of, the person or authority in charge of an
educational institution; and
(b)
the record or cinematograph film is
not used except in the course of instruction at that institution.
[Aust. 1968,
s. 200]
Copying for course of instruction in making of film
or sound-track
115A.
Copyright
in a sound recording, cinematograph film, television broadcast, sound
broadcast or cable programme is not infringed by its being copied
in the making of —(a)
a cinematograph film; or
(b)
a sound-track associated with the
visual images forming part of a cinematograph film,
in the course of instruction, or preparation
for instruction, in the making of a cinematograph film or sound-track
associated with the visual images forming part of a cinematograph
film, if the copying is done by a person giving or receiving such
instruction.
[6/98]
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.
[6/98]
Reproductions of editions of work
116.
The
copyright in a published edition of a work or works is not infringed
by the making of a reproduction of the whole or a part of that edition
if that reproduction is made in the course of —(a)
where the edition contains one work
only —(i)
a dealing with that work, being a
dealing that does not, by virtue of section 35, 36, 37, 38 or 40,
infringe copyright in that work; or
(ii)
the making of a copy (including a
handicapped reader’s copy or an intellectually handicapped
reader’s copy) of the whole or a part of that work, being
a copy the making of which does not, by virtue of section 45, 46,
48, 51, 52, 54 or 54A, infringe copyright in that work; or
(b)
where the edition contains more than
one work —(i)
a dealing with one of those works
or dealings with some or all of those works, being a dealing that
does not, or dealings that do not, by virtue of section 35, 36,
37, 38 or 40, infringe copyright in that work or those works; or
(ii)
the making of a copy (including a
handicapped reader’s copy or an intellectually handicapped
reader’s copy) of the whole or a part of one of those works
or the making of copies (including the handicapped reader’s
copies or the intellectually handicapped reader’s copies)
of the whole or parts of some or all of those works, being a copy
the making of which does not, or copies the making of which do not,
by virtue of section 45, 46, 48, 51, 52, 54 or 54A, infringe copyright
in that work or in those works.
[6/98]
[Aust. 1968,
s. 112]
Accessories to imported articles
116A.
—(1)
The
copyright in —(a)
a published edition of a work embodied
in an accessory to an article; or
(b)
a sound recording or cinematograph
film that is an accessory to an article,
is not infringed by a person who, without
the licence of the owner of the copyright, imports the article into
Singapore for a purpose mentioned in section 104 (a),
(b) or (c) unless the article
is an infringing copy.
[14/94]
(2)
The operation of this Act in relation
to —(a)
a published edition of a work embodied
in an article; or
(b)
a sound recording or cinematograph
film,
is not affected by the operation of
this section in relation to —(i)
a published edition of a work, or
other subject-matter, embodied in an accessory to the article; or
(ii)
a sound recording or cinematograph
film that is an accessory to the article.
[14/94]
(3)
If an article is imported into Singapore
for a purpose mentioned in section 104 (a),
(b) or (c), and the importation
is not, by reason of this section, an infringement of the copyright
in —(a)
a published edition of a work embodied
in an accessory to the article;
(b)
a sound recording or cinematograph
film that is an accessory to the article,
the use of the accessory with the article
for any such purpose shall not be an infringement of the copyright
in the published edition of a work, or in the sound recording or
cinematograph film, and section 105 (1) shall not apply to the accessory.
[14/94]
[Aust. 1968,
s. 10AD]
Division 7 — Miscellaneous
Copyrights to subsist independently
117.
—(1)
Where
copyright subsists in any subject-matter by virtue of this Part, nothing
in this Part shall be taken to affect the operation of Part III
in relation to any literary, dramatic, musical or artistic work
from which that subject-matter is wholly or partly derived, and
any copyright subsisting by virtue of this Part is in addition to, and
independent of, any copyright subsisting by virtue of Part III.
[38/99]
(2)
The subsistence of copyright under
any provision of this Part shall not affect the operation of any
other provision of this Part under which copyright can subsist.
[Aust. 1968,
s. 113]