PART X
MISCELLANEOUS
Assignments and licences in respect of copyright
194.
—(1)
Subject
to this section, copyright shall be transmissible by assignment, by
testamentary disposition, or by operation of law as personal or
movable property.
(2)
An assignment of copyright may be
limited in any of the following ways, or in any combination of 2
or more of those ways:(a)
so as to apply to one or more, but
not all, of the classes of acts which by virtue of this Act the
owner of the copyright has the exclusive right to do (including
any one or more classes of acts not separately designated in this Act
as being restricted by the copyright, but falling within any of
the classes of acts so designated);
(b)
so as to apply to any one or more,
but not all, of the countries in relation to which the owner of
the copyright has by virtue of this Act that exclusive right;
(c)
so as to apply to part, but not the
whole, of the period for which the copyright is to subsist,
and references in this Act to a partial
assignment are references to an assignment so limited.
(3)
No assignment of copyright (whether
total or partial) shall have effect unless it is in writing signed
by or on behalf of the assignor.
(4)
Subject to subsection (4A), a licence
granted in respect of any copyright by the person who, in relation
to the matters to which the licence relates, is the owner of the copyright
shall be binding upon every successor in title to his interest in
the copyright, except a purchaser in good faith for valuable consideration
and without notice (actual or constructive) of the licence or a
person deriving title from such a purchaser.
[21/2004]
(4A)
A licence granted to the Government
or any statutory board on or after 1st July 2004 in respect of any copyright
by the person who, in relation to the matters to which the licence
relates, is the owner of the copyright shall be binding upon every
successor in title to his interest in the copyright.
[21/2004]
(5)
References in this Act, in relation
to any copyright, to the doing of anything with, or (as the case
may be) without, the licence of the owner of the copyright shall be
construed accordingly.
(6)
In this section, “statutory
board” means any body corporate established by or under
any written law to perform or discharge a public function.
[21/2004]
[Aust. 1968,
s. 196]
Prospective ownership of copyright
195.
—(1)
Where
by an agreement made in relation to any future copyright, and signed
by or on behalf of the prospective owner of the copyright, the
prospective owner purports to assign the future copyright (wholly
or partially) to another person (referred to in this subsection
as the assignee), then if, on the coming into existence of the copyright,
the assignee or a person claiming under him would, apart from this subsection,
be entitled as against all other persons to require the copyright
to be vested in him (wholly or partially, as the case may be), the
copyright shall, on its coming into existence, vest in the assignee
or his successor in title accordingly by virtue of this subsection
and without further assurance.
(2)
Where, at the time when any copyright
comes into existence, the person who, if he were then living, would
be entitled to the copyright is dead, the copyright shall devolve
as if it had subsisted immediately before his death and he had then
been the owner of the copyright.
(3)
Section 194 (4) and (4A) shall apply
in relation to a licence granted by a prospective owner of any copyright
as it applies in relation to a licence granted by the owner of a
subsisting copyright, as if any reference in that subsection to
the owner"s interest in the copyright included a reference
to his prospective interest therein.
[21/2004]
[Aust. 1968,
s. 197]
Copyright to pass under will with unpublished work
196.
Where
under a bequest (whether specific or general) a person is entitled,
beneficially or otherwise, to the manuscript of a literary, dramatic
or musical work, or to an artistic work, and the work was not published
before the death of the testator, the bequest shall, unless a contrary
intention is indicated in the testator’s will or a codicil
thereto, be construed as including the copyright in the work insofar
as the testator was the owner of the copyright immediately before
his death.
[Aust. 1968,
s. 198]
Provisions as to Government copyright
197.
—(1)
In
the case of every original literary, dramatic, musical or artistic
work made by or under the direction or control of the Government —(a)
if apart from this section copyright
would not subsist in the work, copyright shall subsist therein
by virtue of this subsection; and
(b)
in any case, the Government shall,
subject to this Part, be entitled to the copyright in the work.
(2)
The Government shall, subject to this
Part, be entitled to the copyright in every original literary, dramatic,
musical or artistic work first published in Singapore, or in another
country to which section 27 extends, if first published by or under
the direction or control of the Government.
(3)
Copyright in a literary, dramatic
or musical work, to which the Government is entitled in accordance
with subsection (1) or (2) —(a)
where the work is unpublished, shall
continue to subsist so long as the work remains unpublished; and
(b)
where the work is published, shall
subsist (or, if copyright in the work subsisted immediately before
its first publication, shall continue to subsist) until the end
of the period of 70 years from the end of the calendar year in which
the work was first published, and shall then expire.
[21/2004]
(4)
Copyright in an artistic work to which
the Government is entitled in accordance with this section shall
continue to subsist until the end of the period of 70 years from the
end of the calendar year in which the work was made, and shall then
expire.
[21/2004]
(4A)
Where the work referred to in subsection
(4) is an engraving or a photograph, the copyright shall continue
to subsist until the end of the period of 70 years from the end
of the calendar year in which the engraving or photograph is first
published.
[21/2004]
(5)
In the case of every sound recording
or cinematograph film made by or under the direction or control
of the Government —(a)
if apart from this section copyright
would not subsist in the recording or film, copyright shall subsist
therein by virtue of this subsection; and
(b)
in any case, the Government shall,
subject to this Part, be entitled to the copyright in the recording
or film; and it shall subsist for the same period as if it were
copyright subsisting by virtue of, and owned in accordance with,
Part IV.
(6)
This section shall have effect subject
to any agreement made by or on behalf of the Government with the
author of the work, or the maker of the sound recording or cinematograph
film, as the case may be, whereby it is agreed that the copyright
in the work, recording or film shall vest in the author or maker,
or in another person designated in the agreement in that behalf.
(7)
In relation to copyright subsisting
by virtue of this section —(a)
in the case of a literary, dramatic,
musical or artistic work, the provisions of Part III, with the exception
of provisions thereof relating to the subsistence, duration or ownership
of copyright; and
(b)
in the case of a sound recording,
cinematograph film or cable programme, the provisions of Part IV,
with the exception of provisions thereof relating to the subsistence
or ownership of copyright,
shall apply as those provisions apply
in relation to copyright subsisting by virtue of Part III or IV,
as the case may be.
(8)
For the avoidance of doubt, it is
hereby declared that section 12 of the Government Proceedings Act
(Cap. 121) (which relates to infringements of industrial property
by employees or agents of the Government) shall apply to copyright
under this Act.
[Aust. 1968,
ss. 176, 177, 178, 179, 180, 181 and 182]
Use of copyright material for service of Government
198.
—(1)
The
copyright in a literary, dramatic, musical or artistic work or a
published edition of such a work, or in a sound recording, cinematograph
film, television broadcast, sound broadcast or cable programme,
shall not be infringed by the Government or by a person authorised
in writing by the Government doing any acts comprised in the copyright
if the acts are done for the service of the Government.
(2)
Where the Government has made an agreement
or arrangement with the government of some other country for the
supply to that country of goods required for the defence of that
country —(a)
the doing of any act in connection
with the supply of those goods in pursuance of the agreement or
arrangement; and
(b)
the sale to any person of such of
those goods as are not required for the purposes of the agreement
or arrangement,
shall, for the purposes of subsection
(1), be each deemed to be for the service of the Government.
(3)
Authority may be given under subsection
(1) before or after the acts in respect of which the authority is
given have been done, and may be given to a person notwithstanding
that he had a licence granted by, or binding on, the owner of the
copyright to do the acts.
(4)
Where an act comprised in a copyright
has been done under subsection (1), the Government shall as soon
as possible, unless it appears to the Government that it would be
contrary to the public interest to do so, inform the owner of the
copyright, as prescribed, of the doing of the act and shall furnish
him with such information as to the doing of the act as he from
time to time reasonably requires.
(5)
Where
an act comprised in a copyright has been done under subsection (1),
the terms for the doing of the act are such terms as are, whether
before or after the act is done, agreed between the Government and
the owner of the copyright or, in default of agreement, as are fixed
by a
Copyright Tribunal.
(6)
An agreement or licence (whether made
or granted before or after 10th April 1987) fixing the terms upon
which a person other than the Government may do acts comprised in
a copyright is inoperative with respect to the doing of those acts
after that date, under subsection (1), unless the agreement or licence
has been approved by the Minister.
[S 107/87]
(7)
Where an article is sold and the sale
is not by virtue of subsection (1), an infringement of a copyright,
the purchaser of the article, and a person claiming through him,
is entitled to deal with the article as if the Government were the
owner of that copyright.
(8)
An act done under subsection (1) does
not constitute publication of a work or other subject-matter and
shall not be taken into account in the application of any provision
of this Act relating to the duration of any copyright.
(9)
Where an exclusive licence is in force
in relation to any copyright, subsections (1) to (8) shall have
effect as if any reference in those subsections to the owner of the
copyright were a reference to the exclusive licensee.
(10)
The copying of the whole or a part
of a work for the teaching purposes of an educational institution
of, or under the control of, the Government shall, for the purposes
of this section, be deemed not to be an act done for the service
of the Government.
[S 130/88]
[Aust. 1968,
s. 183]
Reception of broadcasts or cable programmes
199.
—(1)
A
person who, by the reception of a television broadcast, sound broadcast
or cable programme, causes a literary, dramatic or musical work,
or an adaptation of such work, to be seen, heard or seen and heard,
in public does not, by doing so, infringe the copyright, if any,
in the work.
(2)
A person who, by the reception of
an authorised television broadcast or authorised cable programme,
causes a cinematograph film to be seen, heard or seen and heard,
in public shall be treated, in any proceedings for infringement
of the copyright (if any) in the film under Part IV, as if he had
been the holder of a licence granted by the owner of that copyright
to cause the film to be seen or heard in public by the reception
of the broadcast or the cable programme.
(3)
A person who, by the reception and
immediate retransmission of an authorised television broadcast or
sound broadcast causes a literary, dramatic or musical work or an
adaptation of such a work, an artistic work or a cinematograph film
to be included in a programme in a cable programme service shall
be treated, in any proceedings for infringement of the copyright,
if any, in the work or film, as if he had been the holder of a licence
granted by the owner of that copyright to include the work, adaptation
or film to be transmitted by him in any programme included in a cable
programme service.
[52/2004]
(4)
If, in the circumstances mentioned
in subsection (2) or (3), the person causing the cinematograph
film to be seen or heard, or the work, adaptation or cinematograph
film to be transmitted, as the case may be, infringed the copyright
in question, by reason that the broadcast or cable programme was
not an authorised broadcast or programme, proceedings shall not
be brought against that person under this Act in respect of his
infringement of that copyright, but it shall be taken into account
in assessing damages in any proceedings against the maker of the
broadcast or programme in respect of that copyright, insofar as
that copyright was infringed by them in making the broadcast or
programme.
(5)
For the purposes of this section,
a broadcast or cable programme shall be taken, in relation to a
work, an adaptation of a work or a cinematograph film, to be an
authorised broadcast or programme if, but only if, it is made by,
or with the licence of, the owner of the copyright in the work or
film.
(6)
A reference in subsection (3) to a
broadcast shall —(a)
in the case of a television broadcast,
be read as a reference to a television broadcast made from a place
in Singapore by the holder of a broadcasting licence; and
(b)
in the case of a sound broadcast,
be read as a reference to a sound broadcast made from a place in
Singapore by the holder of a broadcasting licence.
[38/99]
(7)
For the avoidance of doubt, a reference
in subsection (3) to an inclusion of a literary, dramatic, musical
or artistic work or a cinematograph film in a programme in a cable
programme service shall not include the making available of the
work or film on the Internet.
[52/2004]
[Aust. 1968,
s. 199]
Groundless threats of legal proceedings
200.
—(1)
Where
a person, by means of circulars, advertisements or otherwise, threatens
a person with an action or proceeding in respect of an infringement
of copyright, then, whether the person making the threats is or
is not the owner of the copyright or an exclusive licensee, a person
aggrieved may bring an action against the first-mentioned person
and may —(a)
obtain a declaration to the effect
that the threats are unjustifiable;
(b)
obtain an injunction against the continuance
of the threats; and
(c)
recover such damages, if any, as he
has sustained,
unless the first-mentioned person satisfies
the court that the acts in respect of which the action or proceeding
was threatened constituted, or, if done, would constitute, an infringement
of copyright.
(2)
The mere notification of the existence
of a copyright does not constitute a threat of an action or proceeding
within the meaning of this section.
(3)
Nothing in this section shall render
an advocate and solicitor liable to an action under this section
in respect of an act done by him in his professional capacity on behalf
of a client.
(4)
The defendant in an action under this
section may apply, by way of counterclaim, for relief to which he
would be entitled in a separate action in respect of an infringement
by the plaintiff of the copyright to which the threats relate and,
in any such case, the provisions of this Act with respect to an
action for infringement of a copyright are, with the necessary modifications,
applicable in relation to the action.
[Aust. 1968,
s. 202]
Notation of copies, etc.
201.
—(1)
In
proceedings against a person or body for infringement of copyright in
a work in connection with the making, by or on behalf of an institution,
of a copy of the whole or a part of that work, the person or body
is not entitled to rely on section 45, 46, 48, 52, 54 or 54A as
justification for the making of that copy unless, at or about the
time the copy was made, there was made on the copy a notation —(a)
stating that the copy was made on
behalf of that institution and the date on which it was made; and
(b)
in the case of a copy that was made
in reliance on section 54 (4), stating that the copy is a prescribed
reproduction made in reliance on that subsection.
[6/98]
(2)
In proceedings against a person or
body for infringement of copyright in a sound recording or a cinematograph
film in connection with the making, by or on behalf of an institution,
of a copy of the sound recording or cinematograph film, the person
or body is not entitled to rely on section 113 as justification
for the making of the copy unless, at or about the time the copy
was made, there was made on, or attached to, the copy a notation
stating that the copy was made on behalf of that institution and
setting out the date on which the copy was made.
(3)
In proceedings against a person or
body for infringement of copyright in a work in connection with
the making, on behalf of an institution assisting handicapped readers,
a record embodying a sound recording of the work, or of a part of
the work, the person or body is not entitled to rely on section
54 (1) unless, at the time the record was made, there was embodied
on the record, immediately before the commencement of that sound
recording, a sound recording of a prescribed message.
(4)
A person who —(a)
makes on a copy of the whole or a
part of a work, a notation referred to in subsection (1);
(b)
makes on, or attaches to, a copy of
a sound recording or a cinematograph film a notation of the kind
referred to in subsection (2); or
(c)
causes to be embodied on a record
embodying a sound recording a message referred to in subsection
(3),
being a notation of message that contains
a statement that the person knows, or ought reasonably to know,
is false or misleading in a material particular, shall be guilty
of an offence and shall be liable on conviction to a fine not exceeding $2,000.
(5)
For the purposes of subsections (1),
(2) and (3) —(a)
where a copy of a work, a sound recording
or a cinematograph film is made, or caused to be made, by an authorised
officer of a library, or is made by or on behalf of the officer-in-charge
of a library, being a library of an institution, the copy shall
be deemed to have been made on behalf of the institution;
(b)
where a copy of a work, a sound recording
or a cinematograph film is made, or caused to be made by an authorised
officer of a library, or is made by or on behalf of the officer-in-charge
of a library, being a library that is not a library of an institution,
then —(i)
the copy shall be deemed to have been
made on behalf of the person or body administering the library;
and
(ii)
those subsections apply as if a reference
in those subsections to an institution included a reference to that
person or body;
(c)
where a copy of a work, a sound recording
or a cinematograph film is made, or caused to be made, by an authorised
officer of archives, or is made by or on behalf of the officer-in-charge
of archives, then —(i)
the copy shall be deemed to have been
made on behalf of the person or body administering the archives;
and
(ii)
those subsections apply as if a reference
in those subsections to an institution included a reference to that
person or body;
(d)
where a copy, or a record embodying
a sound recording, of a whole or of a part of a work, is made by
or on behalf of the body administering an institution, the copy
or record, as the case may be, shall be deemed to have been made
on behalf of the institution; and
(e)
where a copy of a sound recording
or cinematograph film is made by or on behalf of the body administering
an institution, the copy shall be deemed to have been made on behalf
of the institution.
(6)
The production, in any proceedings —(a)
for infringement of copyright in a
work;
(b)
before
a
Copyright Tribunal on application made under section 52 (11),
54 (10) or 54A (7); or
(c)
for a contravention of a provision
of this Act,
of a copy of a work, or of a part of
a work, bearing a notation of the kind referred to in subsection
(1) is prima facie evidence of the matters stated in the notation.
[6/98]
(7)
For the purposes of subsection (6),
where a copy of a work or a part of a work bears a notation of a
kind referred to in subsection (1), the notation shall, unless the contrary
is proved, be deemed to have been made on the copy at or about the
time the copy was made.
(8)
The production, in any proceedings
of a kind referred to in subsection (6), of a record embodying a
sound recording of a work or a part of a work, being a record that
also embodies a sound recording of a message of the kind referred
to in subsection (3), is prima facie evidence of the matters stated
in the message.
(9)
For the purposes of subsection (8),
where a record embodying a sound recording of a work or a part of
a work also embodies a sound recording of a message of the kind
referred to in subsection (3), the message shall, unless the contrary
is proved, be deemed to have been embodied on the record at the
time the record was made.
(10)
The production, in any proceedings —(a)
for infringement of copyright in a
sound recording or a cinematograph film; or
(b)
for a contravention of this Act,
of a copy of a sound recording or a
cinematograph film bearing, or to which there is attached, a notation
of the kind referred to in subsection (2), is prima facie evidence
of the matters stated in the notation.
(11)
For the purposes of subsection (10),
where a copy of a sound recording or a cinematograph film bears,
or where there is attached to such a copy, a notation of the kind
referred to in subsection (2), the notation shall, unless the contrary
is proved, be deemed to have been made on or attached to the copy
at or about the time the copy was made.
(12)
In this section, “copy”,
in relation to a work, or a part of a work, includes a microform
copy, a Braille version, a large-print version, or a photographic
version, of the work, or of the part of the work.
[Aust. 1968,
s. 203H]
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.
[6/98]
[Aust. 1968,
s. 135AK]
Offence committed by partnership or body corporate
201B.
—(1)
Proceedings
for an offence under section 136, 139 or 254A alleged to have been
committed by a partnership shall be brought against the partnership
in the name of the firm and not in that of the partners; but without
prejudice to any liability of the partners under subsection (3).
[38/99]
(2)
A fine imposed on a partnership on
its conviction in such proceedings shall be paid out of the partnership
assets.
[38/99]
(3)
Where a partnership is guilty of an
offence under section 136, 139 or 254A, every partner, other than
a partner who is proved to have been ignorant of or to have attempted
to prevent the commission of the offence, is also guilty of the
offence and liable to be proceeded against and punished accordingly.
[38/99]
(4)
Where an offence under section 136,
139 or 254A committed by a body corporate is proved to have been
committed with the consent or connivance of a director, manager,
secretary or other similar officer of the body, or a person purporting
to act in any such capacity, he as well as the body corporate is
guilty of the offence and liable to be proceeded against and punished
accordingly.
[38/99]
Regulations
202.
—(1)
The
Minister may make regulations, not inconsistent with this Act prescribing
all matters that are required to be prescribed or are necessary
or convenient to be prescribed for carrying out or giving effect
to this Act.
(2)
Without prejudice to the generality
of subsection (1), the regulations made under this Act may provide
for —(a)
the keeping and retention of records
and declarations in relation to copies of works made by libraries,
archives or institutions;
(b)
the deposit of such records and declarations
with persons appointed by the Minister; and
(c)
the fees payable in respect of any
application or matter under this Act.
[22/2005]
203.
(Omitted)
204.
(
Omitted)