REPUBLIC OF SINGAPORE
GOVERNMENT GAZETTE
ACTS SUPPLEMENT
Published by Authority
NO. 22]
FRIDAY, OCTOBER 8 [2021]
First published in the Government Gazette, Electronic Edition, 7 October 2021 at 5 pm.
The following Act was passed by Parliament on 13 September 2021 and assented to by the President on 28 September 2021:—
COPYRIGHT ACT 2021
(No. 22 of 2021)
ARRANGEMENT OF SECTIONS
| PART 1 PRELIMINARY | |
| Section | |
|---|---|
| 1. | Short title and commencement |
| 2. | Application to things existing before appointed day |
| 3. | Extension of Act to reciprocating countries |
| 4. | Exclusion of non-reciprocating countries from Act |
| 5. | Savings for other laws |
| 6. | Act binds Government |
| PART 2 INTERPRETATION | |
| Division 1—General | |
| 7. | General interpretation |
| Division 2—Works and performances | |
| Subdivision (1)—Works | |
| 8. | What is a work |
| Subdivision (2)—Authorial works in general | |
| 9. | What is an authorial work |
| 10. | What is a work of joint authorship |
| 11. | Reference to author includes all joint authors |
| 12. | What is an authorial work with an identified author |
| Subdivision (3)—Literary, dramatic and musical works | |
| 13. | Literary work includes computer program and compilation |
| 14. | Subject matter of copyright in compilations |
| 15. | What does a dramatic work include |
| 16. | When is a literary, dramatic or musical work made |
| Subdivision (4)—Adaptations of literary, dramatic or musical works | |
| 17. | What is an adaptation of a literary or dramatic work |
| 18. | What is an adaptation of a musical work |
| 19. | Adaptation of literary, dramatic or musical work includes adaptation of substantial part thereof |
| Subdivision (5)—Artistic works | |
| 20. | What is an artistic work |
| Subdivision (6)—Sound recordings | |
| 21. | What is a sound recording |
| 22. | When is a sound recording made |
| 23. | Who is the maker of a sound recording |
| Subdivision (7)—Films | |
| 24. | What is a film; what are the visual images, sounds and sound-track of a film |
| 25. | What is the making of a film |
| 26. | Who is the maker of a film |
| Subdivision (8)—Broadcasts | |
| 27. | What does it mean to broadcast (verb) |
| 28. | What is a broadcast (noun) |
| 29. | What is a television broadcast |
| 30. | What is a sound broadcast |
| 31. | Who is the maker of a broadcast |
| 32. | Where is a broadcast made |
| 33. | When is a broadcast made |
| Subdivision (9)—Cable programmes | |
| 34. | What is a cable programme |
| 35. | What is a cable programme service |
| 36. | What is inclusion in a cable programme service |
| Subdivision (10)—Qualifying performances and recordings of protected performances | |
| 37. | What is a qualifying performance |
| 38. | What is a recording of a protected performance |
| Division 3—Acts relating to works and performances | |
| Subdivision (1)—General | |
| 39. | Act done in relation to work, etc., includes act done in relation to substantial part thereof |
| 40. | Act done in relation to protected performance, etc., includes act done in relation to substantial part thereof |
| Subdivision (2)—Copying | |
| 41. | What is a copy of an authorial work |
| 42. | What is a copy of a published edition of an authorial work |
| 43. | What is a reasonable portion when copying a published edition of a literary, dramatic or musical work |
| 44. | What is a copy of a sound recording |
| 45. | What is a copy of a film |
| 46. | What is a copy of a television broadcast |
| 47. | What is a copy of a sound broadcast |
| 48. | What is a copy of a cable programme |
| 49. | Copy of work includes copy of substantial part |
| 50. | Copy of work includes temporary or incidental copy |
| 51. | What is a copy of a recording of a protected performance |
| 52. | Copy of recording of protected performance work includes temporary or incidental copy |
| Subdivision (3)—Publishing | |
| 53. | What constitutes publication of an authorial work |
| 54. | What constitutes publication of an edition of an authorial work |
| 55. | What constitutes publication of a sound recording |
| 56. | What constitutes publication of a film |
| 57. | What constitutes publication of a recording of a protected performance |
| 58. | Matters to be considered or ignored for publication, first publication, and publication before death |
| 59. | Effect of acts done before appointed day |
| 60. | Specific acts that do not constitute publication |
| Subdivision (4)—Communicating | |
| 61. | What does communicate mean |
| 62. | What does accessibility on demand mean |
| 63. | Who is the maker of a communication |
| Subdivision (5)—Broadcasting, etc. | |
| 64. | What is doing an act by the reception of a broadcast |
| 65. | What is a re-transmission of a broadcast |
| 66. | When is a copy of a sound recording or a film used in a broadcast |
| Subdivision (6)—Performing | |
| 67. | What does a performance of an authorial work include |
| 68. | Performance by operating receiving apparatus |
| 69. | Performance by operating apparatus for reproducing sounds |
| Subdivision (7)—Causing visual images to be seen or sounds to be heard | |
| 70. | Communication not included |
| 71. | Causing by operating receiving apparatus |
| 72. | Causing by operating apparatus for reproducing sounds |
| Subdivision (8)—Commercial acts | |
| 73. | What is a commercial dealing in a thing |
| 74. | What does it mean to do an act for commercial advantage |
| 75. | What is a commercial rental arrangement relating to a computer program or sound recording |
| 76. | Who is a paying audience for a television broadcast or cable programme |
| Division 4—Relevant persons and organisations | |
| Subdivision (1)—Qualified individuals and persons | |
| 77. | Who is a qualified individual |
| 78. | Who is a qualified person |
| 79. | Who is a Singapore resident |
| 80. | Country of residence not affected by temporary absence |
| Subdivision (2)—International organisations | |
| 81. | What is a prescribed international organisation |
| 82. | Legal capacity of prescribed international organisation |
| 83. | What is an educational institution |
| 84. | What is the body administering an educational institution |
| Subdivision (4)—Persons with print disabilities | |
| 85. | Who is a person with a print disability |
| 86. | What is an institution aiding persons with print disabilities |
| 87. | What is the body administering an institution aiding persons with print disabilities |
| 88. | What is a foreign institution aiding persons with print disabilities |
| Subdivision (5)—Persons with intellectual disabilities | |
| 89. | What is an institution aiding persons with intellectual disabilities |
| 90. | What is the body administering an institution aiding persons with intellectual disabilities |
| Subdivision (6)—Public collections: galleries, libraries, archives and museums | |
| 91. | What is a public collection |
| 92. | What is an archive |
| 93. | What is the custodian of a public collection |
| 94. | Who is an authorised officer of a public collection |
| 95. | When is a library run for profit |
| Division 5—Rights and rights infringements | |
| Subdivision (1)—Common provisions | |
| 96. | Who is a rights owner |
| 97. | What is a rights infringement |
| 98. | What is an infringing copy of a copyright work or protected performance |
| 99. | What is a flagrantly infringing online location |
| Subdivision (2)—Provisions relating to copyright works | |
| 100. | What are acts comprised in a copyright |
| 101. | What does it mean to do an act with or without the licence of copyright owner |
| 102. | If there are 2 or more copyright owners for a work, which owner is relevant |
| 103. | What is an exclusive licence |
| Subdivision (3)—Provisions relating to protected performances | |
| 104. | If there are 2 or more rights owners for a protected performance, whose authority is relevant |
| Division 6—Miscellaneous | |
| 105. | When is a visual image or sound embodied in an article or a thing |
| PART 3 COPYRIGHT IN WORKS | |
| Division 1—General | |
| 106. | Copyright subsists only by virtue of this Act |
| 107. | Copyrights to subsist independently |
| 108. | Nature of copyright |
| Division 2—Authorial works | |
| 109. | Conditions for copyright to subsist in unpublished authorial works |
| 110. | Conditions for copyright to subsist in published authorial works |
| 111. | Conditions for copyright to subsist in buildings |
| 112. | Nature of copyright in literary, dramatic and musical works |
| 113. | Nature of copyright in artistic works |
| 114. | Duration of copyright in authorial works |
| 115. | Duration of copyright in authorial works—transitional provision for certain works published before 31 December 2022 |
| 116. | Interpretation of sections 114 and 115—making available to public; application to works of joint authorship |
| Division 3—Published editions of authorial works | |
| 117. | Conditions for copyright to subsist in published editions of authorial works |
| 118. | Nature of copyright in published editions of authorial works |
| 119. | Duration of copyright in published editions of authorial works |
| Division 4—Sound recordings | |
| 120. | Conditions for copyright to subsist in sound recordings |
| 121. | Nature of copyright in sound recordings |
| 122. | Duration of copyright in sound recordings |
| Division 5—Films | |
| 123. | Conditions for copyright to subsist in films |
| 124. | Nature of copyright in films |
| 125. | Duration of copyright in films |
| Division 6—Broadcasts | |
| 126. | Conditions for copyright to subsist in broadcasts |
| 127. | Nature of copyright in broadcasts |
| 128. | Duration of copyright in broadcasts |
| 129. | Duration of copyright in repeat broadcasts |
| Division 7—Cable programmes | |
| 130. | Conditions for copyright to subsist in cable programmes |
| 131. | Nature of copyright in cable programmes |
| 132. | Duration of copyright in cable programmes |
| Division 8—Ownership and transactions | |
| 134. | First owner—copyright created in the course of employment |
| 135. | First owner—sound recordings, films and certain authorial works commissioned before appointed day |
| 136. | First owner—Government and prescribed international organisations |
| 137. | Transfer of copyright |
| 138. | Assignment—formalities |
| 139. | Assignment—partial assignment |
| 140. | Assignment—assignment of future copyright |
| 141. | Licences—licence of future copyright |
| 142. | Licences—formalities for exclusive licence |
| 143. | Licences—licence binds successors in title to copyright except bona fide purchaser |
| 144. | Death—devolution of copyright coming into existence after would-be owner dies |
| 145. | Death—bequest of manuscript, etc., includes any copyright therein |
| Division 9—Infringement of copyright | |
| Subdivision (1)—What is an infringement of copyright | |
| 146. | Infringement by doing act comprised in copyright |
| 147. | Infringement by importation for commercial dealing, etc. |
| 148. | Infringement by commercial dealing, etc. |
| 149. | Accessory to imported article to be ignored for purposes of sections 147 and 148 in certain circumstances |
| 150. | Infringement by making device or providing service, etc., to access works communicated without authority |
| 151. | Infringement by failure to pay equitable remuneration for causing sounds embodied in commercially published sound recordings to be heard in public |
| 152. | Exceptions to infringement |
| Subdivision (2)—Action for copyright infringement | |
| 153. | Action for copyright infringement |
| 154. | Limitation of action |
| 155. | Remedies and border enforcement measures |
| Subdivision (3)—Infringement action where exclusive licensee has concurrent right of action | |
| 156. | Interpretation of this Subdivision |
| 157. | Application of this Subdivision |
| 158. | Joinder and costs |
| 159. | Same defences and same remedies available |
| 160. | Assessment of damages |
| 161. | Apportionment of profits |
| 162. | Separate actions for same infringement |
| Subdivision (4)—Presumptions in infringement actions | |
| 163. | Application |
| 164. | Presumption that copyright subsists if not disputed, etc. |
| 165. | Presumption that claimant owns copyright if not disputed, etc. |
| 166. | Presumption of authorship where name appears |
| 167. | Presumptions where authorial work is first published in Singapore |
| 168. | Presumptions where author is dead |
| 169. | Presumptions as to anonymous or pseudonymous literary, dramatic, musical or artistic work |
| 170. | Presumptions relating to label or mark on copy of sound recording |
| 171. | Presumptions as to maker of film |
| PART 4 PROTECTION OF PERFORMANCES | |
| 172. | Interpretation of this Part |
| 173. | Protection of performances |
| 174. | Duration of protection |
| 175. | Infringing use—general |
| 176. | Infringing use—commercial dealing in unauthorised recordings, etc. |
| 177. | Action for infringing use of protected performance |
| 178. | Limitation of action |
| 179. | Remedies and border enforcement measures |
| 180. | Assignment of right to bring action |
| 181. | Presumptions relating to identity of performers |
| 182. | Other rights not affected |
| PART 5 PERMITTED USES OF COPYRIGHT WORKS AND PROTECTED PERFORMANCES | |
| Division 1—General provisions | |
| 183. | Permitted uses are not rights infringements |
| 184. | Permitted uses are independent |
| 185. | Permitted uses may go beyond scope of copyright or protection of performances |
| 186. | Permitted uses may be excluded or restricted by reasonable contract term |
| 187. | Permitted uses that may not be excluded or restricted |
| 188. | Evasion through choice of law clause to be void |
| 189. | What is sufficient acknowledgment of an authorial work |
| Division 2—Fair use | |
| 190. | Fair use is permitted use |
| 191. | Relevant matters in deciding whether use is fair |
| 192. | Additional requirement for sufficient acknowledgment where use is for certain purposes |
| 193. | Deemed fair use where work or recording included in fairly-used work |
| 194. | Deemed fair use where reasonable portion of article copied for research or study |
| Division 3—Education and educational institutions | |
| 195. | Interpretation: when is a copy or recording made or used for the educational purposes of an educational institution |
| 196. | Copying authorial work by non-reprographic means for course of education |
| 197. | Copying or communicating very small portions of literary or dramatic work for course of education provided by educational institutions |
| 198. | Copying or communicating material for educational purposes of educational institutions |
| 199. | Suspension of section 198 for contravention of record-keeping requirements |
| 200. | Copying broadcasts or cable programmes for educational purposes |
| 201. | Copying for purposes of teaching or learning film making |
| 202. | Things done for purposes of examination |
| 203. | Inclusion of authorial work in collections for use by educational institutions |
| 204. | Using material available on Internet for educational purposes |
| 205. | Performances by students or staff of educational institutions, etc. |
| Division 4—Persons with print disabilities | |
| 206. | Material to which this Division applies |
| 207. | Interpretation: what is an accessible format |
| 208. | Interpretation: what is an accessible format copy |
| 209. | Interpretation: what is a new copy of an accessible format copy |
| 210. | Interpretation: what does it mean to make an accessible format copy available to persons with print disabilities or a foreign institution |
| 211. | Making, distributing or making available accessible format copies for Singapore residents with print disabilities |
| 212. | Making or making available accessible format copies for foreign institutions or non-resident persons with print disabilities |
| 213. | Receiving, importing or distributing accessible format copies from foreign institutions |
| 214. | Making of accessible format copy by person with print disability for personal use |
| 215. | Copyright not to vest by virtue of making accessible format copy for persons with print disability |
| 216. | Rights owner’s right to license or authorise not affected |
| Division 5—Persons with intellectual disabilities | |
| 217. | Copying by institution aiding persons with intellectual disabilities—authorial works |
| 218. | Copying, etc., by institution aiding persons with intellectual disability—protected performances |
| 219. | Copyright not to vest by virtue of making copy for aiding persons with intellectual disabilities |
| 220. | Rights owner’s right to license or authorise not affected |
| Division 6—Public collections: galleries, libraries, archives and museums | |
| 221. | Interpretation: what is an article in a periodical publication |
| 222. | Public use and enjoyment—copying for public exhibition |
| 223. | Public use and enjoyment—publicising public exhibition |
| 224. | Public use and enjoyment—performing for public exhibition |
| 225. | Public use and enjoyment—making collection available on network of public collection |
| 226. | Research or study—copying and communicating material for users of public collection |
| 227. | Research or study—copying originals for use on premises of public collection |
| 228. | Research or study—copying or communicating unpublished thesis in university library or archive |
| 229. | Research, study or publication—copying or communicating unpublished old material in public collection |
| 230. | Publication—publishing unpublished old authorial works in public collection |
| 231. | Publication—communicating, performing, etc., authorial work published under section 230 |
| 232. | Preservation and replacement—copying material in public collection |
| 233. | Administration—copying or communicating material in public collection |
| 234. | Supplying copies of published literary, dramatic or musical works or articles between libraries and archives |
| 235. | Protection of libraries and archives when infringing copies made on machines installed by them |
| 236. | Copying online material for National Library Board collection |
| Division 7—Use of computer programs | |
| 237. | Making back-up copy of computer program |
| 238. | Copying electronic compilation or computer program when essential for use |
| 239. | Decompilation of computer program by lawful user |
| 240. | Observing, studying and testing of computer program by lawful user |
| 241. | Copying or adapting of computer program by lawful user |
| 242. | Interpretation: who is a lawful user |
| Division 8—Computational data analysis | |
| 243. | Interpretation: what is computational data analysis |
| 244. | Copying or communicating for computational data analysis |
| Division 9—Communication of sound recordings and recordings of protected performances | |
| 245. | Interpretation: what is an interactive service |
| 246. | Communication by analogue broadcast |
| 247. | Communication by non-interactive digital broadcast |
| 248. | Communication by other analogue or non-interactive digital transmission |
| Division 10—Films | |
| 249. | Films depicting historical events |
| 250. | Using record of sounds in films |
| Division 11—Broadcasting, cable programmes and simulcasting | |
| 251. | Making sound recordings or films of literary, dramatic and musical works for broadcasting |
| 252. | Making films of artistic works for television broadcasting or cable programmes |
| 253. | Copying sound recordings or recordings of performances for broadcasting |
| 254. | Checking whether broadcast of sound recording or recording of performance is lawful |
| 255. | Making sound recordings or films of literary, dramatic or musical works for simulcasting |
| 256. | Copying sound recordings, recordings of performances, or films for simulcasting |
| 257. | Reception of broadcasts or cable programmes |
| 258. | Deemed copyright licences when receiving or transmitting broadcasts or cable programmes |
| Division 12—Making musical records | |
| 259. | Interpretation and scope of this Division |
| 260. | Conditions for making musical records |
| 261. | Conditions for including literary or dramatic work in musical record |
| 262. | Regulations and inquiry on amount of royalties |
| 263. | Regulations on other matters |
| 264. | Modifications relating to records made before 10 April 1987 |
| Division 13—Artistic works | |
| 265. | Buildings and certain artistic works in public places |
| 266. | Incidental inclusion in film, television broadcast or cable programme |
| 267. | Copying artistic work in different dimensions |
| 268. | Copying part of artistic work in later artistic work |
| 269. | Reconstruction of buildings |
| Division 14—Artistic works with corresponding designs and industrially applied artistic works | |
| 270. | Interpretation of this Division |
| 271. | Purpose of this Division |
| 272. | Artistic work with corresponding design that is or was registered under Registered Designs Act |
| 273. | Modification of section 272 if registration is false |
| 274. | Artistic work with industrially-applied corresponding design that could have been registered under Registered Designs Act |
| 275. | Artistic works that have been industrially applied |
| 276. | Application to artistic works made before 10 April 1987 |
| Division 15—Material in public registers, publicly disclosed material and data sharing within public sector | |
| 277. | Interpretation: what is a public register |
| 278. | Copying or communicating material in public registers |
| 279. | Copying literary or artistic works in public registers |
| 280. | Interpretation: what is publicly disclosed material |
| 281. | Copying or communicating publicly disclosed material |
| 282. | Copying literary or artistic works that are publicly disclosed material |
| 283. | Data sharing within public sector |
| Division 16—Acts for service of Government | |
| 284. | Interpretation: what is a public act |
| 285. | Public act is permitted use |
| 286. | Terms for doing public act |
| 287. | Public act does not constitute publication |
| 288. | Protection of purchaser in sale in the course of public act |
| 289. | Modification when exclusive copyright licence in force |
| Division 17—Judicial proceedings and legal advice | |
| 290. | Acts done for judicial proceedings |
| 291. | Acts done for seeking legal advice |
| Division 18—Miscellaneous | |
| 292. | Temporary copies made in the course of communication |
| 293. | Temporary copies made in user caching |
| 294. | Transfer of electronic copy of material |
| 295. | Reading or recitation of literary or dramatic works |
| 296. | Religious performances of literary, dramatic or musical works |
| 297. | Using adaptations of literary, dramatic or musical works |
| 298. | Copying published editions of authorial work in course of permitted use of authorial work |
| 299. | Private and domestic use |
| 300. | Recording performance, etc., in mistaken belief of authorisation |
| Division 19—Notation of copies | |
| 301. | When and how should a copy be notated |
| 302. | Presumptions relating to notated copy |
| 303. | Making false or misleading notation |
| PART 6 REMEDIES FOR AND BORDER ENFORCEMENT MEASURES AGAINST RIGHTS INFRINGEMENTS | |
| Division 1—Remedies for rights infringements | |
| 304. | Interpretation of this Division |
| 305. | Remedies |
| 306. | No damages for innocent rights infringement |
| 307. | Measure of damages |
| 308. | Measure of statutory damages |
| 309. | Order to deliver up infringing copies, etc. |
| 310. | Order to dispose of infringing copies, etc. |
| 311. | Procedure for disposal order |
| 312. | Remedy for infringement of copyright under section 151 |
| Division 2—Remedies against network service providers | |
| Subdivision (1)—Preliminary | |
| 313. | Interpretation of this Division |
| 314. | Provisions relating to rights infringement not affected |
| Subdivision (2)—Restriction of remedies against rights infringements in course of providing network services | |
| 315. | Restriction of remedies if conditions met |
| 316. | Conditions relating to infringement by transmission, routing or providing connections |
| 317. | Conditions relating to infringement by system caching |
| 318. | Conditions relating to infringement by storage |
| 319. | Conditions relating to infringement by locating information |
| 320. | Conditions do not require monitoring of network services, etc. |
| 321. | Evidence of compliance with conditions |
| 322. | Protection against liability for removing or disabling access to electronic copy under section 317, 318 or 319 |
| 323. | Requirements relating to take-down or restoration notices, etc. |
| 324. | Making false statements in take-down or restoration notice |
| Subdivision (3)—Disabling access to flagrantly infringing online locations | |
| 325. | Access disabling order |
| 326. | Procedure for application |
| 327. | Variation and revocation of order |
| 328. | Application of presumptions |
| Division 3—Border enforcement measures against infringing goods | |
| Subdivision (1)—Preliminary | |
| 329. | Interpretation of this Division |
| 330. | Interpretation: what are infringing goods |
| 331. | Infringement actions to which this Division applies |
| Subdivision (2)—Seizure on request | |
| 332. | Request to seize |
| 333. | Duration of request |
| 334. | Seizure on request |
| 335. | Notice to bring action after seizure |
| Subdivision (3)—Seizure without request | |
| 336. | Inspection and seizure without request |
| 337. | Notice of seizure |
| 338. | Request to continue detention |
| 339. | Release of seized goods if request not made |
| 340. | Notice to bring action if request made |
| Subdivision (4)—Infringement action after seizure | |
| 341. | Interpretation of this Subdivision |
| 342. | Time for requestor to bring action |
| 343. | Failure to bring action—release of seized goods |
| 344. | Failure to bring action—compensation for seizure |
| 345. | Infringement action—orders in relation to seized goods |
| 346. | Infringement action—release of seized goods if no contrary order made |
| 347. | Infringement action—compensation if action dismissed, etc. |
| 348. | Infringement action—further provisions |
| Subdivision (5)—Supplementary provisions on seizure | |
| 349. | Security for request to seize or continue detention |
| 350. | Direction for secure storage |
| 351. | Inspecting, or removing sample of, seized goods |
| 352. | Power of customs officer, etc., to require information after seizure |
| 353. | Requestor may ask for identity, etc., of person connected with seized goods |
| 354. | Notice of release |
| 355. | Forfeiture by consent |
| 356. | Release by consent |
| 357. | Release for non-compliance with directions, etc. |
| 358. | Unsecured expenses of Director-General |
| Subdivision (6)—Powers to search for seizable infringing goods | |
| 359. | Interpretation of this Subdivision |
| 360. | Powers to search vessels, aircrafts and vehicles |
| 361. | Examination and search of packages, etc. |
| 362. | Removal of packages, etc., to police station, etc., for examination and search |
| 363. | Search of travellers and baggage |
| 364. | Powers to enter certain premises |
| 365. | Obstruction of customs officers |
| Subdivision (7)—Administration of this Division | |
| 366. | Appointment of persons to exercise powers and duties of customs officers |
| 367. | Delegation of Director-General’s powers |
| 368. | Fees |
| PART 7 ADDITIONAL RIGHTS RELATING TO COPYRIGHT WORKS AND PROTECTED PERFORMANCES | |
| Division 1—Author’s moral rights | |
| 369. | Interpretation of this Division |
| 370. | Application |
| 371. | Right to be identified |
| 372. | Right to be identified—when should an author be identified |
| 373. | Right to be identified—how should an author be identified |
| 374. | Right to be identified—exception where author not known |
| 375. | Right to be identified—exception for certain authorial works |
| 376. | Right to be identified—exception for certain permitted uses |
| 377. | Right to be identified—transitional exceptions |
| 378. | Right against false identification |
| 379. | Right not to be falsely identified as author of copy of artistic work |
| 380. | Right not to have altered copy represented as unaltered |
| 381. | Moral rights not infringed by acts, etc., outside Singapore |
| 382. | Consent and formal waiver |
| 383. | Action for infringement of moral rights |
| 384. | Limitation of action |
| 385. | Remedies |
| 386. | Moral rights not assignable |
| 387. | Devolution on death |
| 388. | Other rights not affected |
| Division 2—Performer’s moral rights | |
| 389. | Interpretation of this Division |
| 390. | Application of moral rights |
| 391. | Right to be identified |
| 392. | Right to be identified—when should a performer be identified |
| 393. | Right to be identified—how should a performer be identified |
| 394. | Right to be identified—exception where performer not known |
| 395. | Right to be identified—exception for certain performances |
| 396. | Right to be identified—exception for certain permitted uses |
| 397. | Right to be identified—transitional exception |
| 398. | Right against false identification |
| 399. | Right not to have altered recording represented as unaltered |
| 400. | Moral rights not infringed by acts, etc., outside Singapore |
| 401. | Consent and formal waiver |
| 402. | Action for infringement of moral rights |
| 403. | Limitation of action |
| 404. | Remedies |
| 405. | Moral rights not assignable |
| 406. | Devolution on death |
| 407. | Other rights not affected |
| Division 3—Protection of electronic rights management information | |
| 408. | Interpretation of this Division |
| 409. | Interpretation: what is rights management information |
| 410. | Application |
| 411. | Prohibition on removing or altering rights management information |
| 412. | Prohibition on dealing with altered rights management information |
| 413. | Prohibition on dealing with protected copies after rights management information altered or removed |
| 414. | Action for infringement |
| 415. | Limitation of action |
| 416. | Remedies |
| 417. | Offence |
| 418. | Power to deal with protected copies, etc., in proceedings under section 417 |
| 419. | Powers of entry, search and seizure |
| 420. | Disposal of seized evidence |
| 421. | Other rights not affected |
| Division 4—Protection of technological measures | |
| 422. | Interpretation of this Division |
| 423. | Interpretation: what are technological measures, access control measures and protection measures |
| 424. | Application |
| 425. | Prohibition on circumventing access control measure |
| 426. | Prohibition on dealing in circumventing devices |
| 427. | Prohibition on dealing in circumventing services |
| 428. | Exception—access by non-profit library, etc., for purpose of acquisition |
| 429. | Exception—protecting personal information of network user |
| 430. | Exception—achieving interoperability between computer programs |
| 431. | Exception—research on encryption technology |
| 432. | Exception—preventing minor access to online material |
| 433. | Exception—testing of security flaws, etc., of computer |
| 434. | Exception—law enforcement, national defence, etc. |
| 435. | Exception—prescribed exceptions |
| 436. | Action for infringement |
| 437. | Limitation of action |
| 438. | Remedies |
| 439. | Offence |
| 440. | Power to deal with protected copies, etc., in proceedings under section 439 |
| 441. | Powers of entry, search and seizure |
| 442. | Disposal of seized evidence |
| 443. | Other rights not affected |
| PART 8 OFFENCES | |
| Division 1—Offences with commercial element | |
| 444. | Commercial dealings, etc., in infringing copies |
| 445. | Infringement for commercial advantage, etc. |
| 446. | Making or possessing article capable of making infringing copies |
| 447. | Punishment |
| Division 2—Offences without commercial element | |
| 448. | Distribution, etc., of infringing copies of works |
| 449. | Wilful and significant rights infringement |
| 450. | Causing certain works or performances to be performed, seen or heard in public for private profit |
| 451. | Advertisement for supply of infringing copies of works |
| 452. | Punishment |
| Division 3—Other provisions | |
| 453. | Presumption where person possesses 5 or more infringing copies |
| 454. | Proof of subsistence of copyright and protection of performance, etc., by affidavit |
| 455. | Power to deal with infringing copies, etc., in proceedings under this Part |
| 456. | Powers of entry, search and seizure |
| 457. | Disposal of seized evidence |
| PART 9 REGULATION OF COLLECTIVE MANAGEMENT ORGANISATIONS | |
| Division 1—Preliminary | |
| 458. | Interpretation of this Part |
| 459. | Interpretation: what is a collective management organisation (CMO) and who are its members; what is a tariff scheme |
| 460. | Purpose of this Part |
| Division 2—Class licensing of CMOs | |
| 461. | CMOs must be licensed |
| 462. | Class licences |
| 463. | Financial penalty for non-compliance with class licence conditions |
| 464. | Regulatory directions to CMOs and their officers |
| 465. | Cessation order |
| 466. | Reconsideration of decisions |
| 467. | Appeal |
| Division 3—Review of tariff schemes, etc., by Copyright Tribunals | |
| 468. | Interpretation: who is an intending user of a tariff scheme |
| 469. | Interpretation: when does a tariff scheme apply or not apply to a case |
| 470. | Review of proposed tariff scheme |
| 471. | Review of in-force tariff scheme |
| 472. | Review after order made under section 470 or 471, etc. |
| 473. | Effect where tariff scheme remains in force pending reference or after Tribunal order |
| 474. | Application to Tribunal for permission to be granted on reasonable terms |
| 475. | Orders not to contradict regulatory directions or class licence conditions |
| Division 4—Miscellaneous | |
| 476. | CMO may apply to Tribunal on behalf of rights owners |
| PART 10 COPYRIGHT TRIBUNALS | |
| Division 1—Preliminary | |
| 477. | Interpretation of this Part |
| 478. | Agreements or awards not affected |
| Division 2—Establishment of Tribunals | |
| 479. | Establishment of Tribunals |
| 480. | Appointment of president, deputy presidents and panel |
| 481. | Appointment of secretary and other officers |
| 482. | Remuneration, allowances and expenses |
| 483. | Protection of members |
| 484. | Members and officers deemed to be public servants |
| 485. | Functions of Tribunals |
| 486. | Constitution of Tribunal |
| 487. | Reconstitution of Tribunal if member unable to continue |
| 488. | Sittings |
| 489. | Proceedings to be in public |
| 490. | Decisions how made |
| 491. | Evidence |
| 492. | Provisions on inquiries |
| 493. | Orders of Tribunal |
| 494. | Reference on question of law arising in case to General Division of High Court |
| 495. | Representation |
| 496. | Costs |
| 497. | Regulations on procedure |
| 498. | Other provisions on procedure |
| PART 11 MISCELLANEOUS | |
| 499. | Groundless threats of legal proceedings for copyright infringement |
| 500. | Offences by bodies corporate, etc. |
| 501. | Jurisdiction of courts |
| 502. | Application of Government Proceedings Act |
| 503. | Application of Electronic Transactions Act |
| 504. | Immunity of officers and employees of Government and IPOS |
| 505. | Regulations |
| 506. | Repeal of Copyright Act |
| 507. | Related and consequential amendments, etc. |
| PART 12 TRANSITIONAL | |
| Division 1—Preliminary | |
| 508. | References in laws and documents to predecessor Acts and copyright thereunder |
| Division 2—Works, acts, etc., before 1 July 1912 | |
| 509. | Interpretation of this Division and Division 3 |
| 510. | What is a substituted right |
| 511. | No copyright in authorial works made before 1 July 1912 unless there is substituted right |
| 512. | Scope of copyright in dramatic or musical works made before 1 July 1912 depends on scope of substituted right |
| 513. | Copyright in contributions to periodicals made before 1 July 1912 subject to author’s right to publish in separate form |
| 514. | Assignments and grants made before 1 July 1912 |
| Division 3—Works, acts, etc., before 10 April 1987 | |
| 515. | Authorial works first published before 10 April 1987—no revival of copyright expiring before 10 April 1987 |
| 516. | Authorial works made before 10 April 1987—modifications to section 109 |
| 517. | Authorial works first published before 10 April 1987—modifications to section 110 |
| 518. | Photographs taken before 10 April 1987—who is the author |
| 519. | Photographs taken before 10 April 1987—duration of copyright |
| 520. | Artistic works made before 10 April 1987—no copyright if work is a registrable design |
| 521. | Sound recordings made or first published before 10 April 1987—modifications to section 120 |
| 522. | Sound recordings made before 10 April 1987—duration of copyright |
| 523. | Films made before 10 April 1987—treatment |
| 524. | Assignments and licences made before 10 April 1987 in relation to authorial works, sound recordings and films to have similar effect |
| 525. | Authorial works made before 10 April 1987—copyright reverts to author’s estate 25 years after death |
| 526. | Bequests by author who died before 10 April 1987 |
| 527. | Reproduction of authorial work published before 10 April 1987 upon payment of royalties |
| Division 4—Commercial rental arrangements in respect of copies bought before 16 April 1998 | |
| 528. | Copies of computer programs bought before 16 April 1998 |
| 529. | Copies of sound recordings bought before 16 April 1998 |
| Division 5—Copyright and protection expiring before 1 July 2004 | |
| 530. | No revival or extension of copyright in authorial work, sound recording or film expiring before 1 July 2004 |
| 531. | No revival or extension of protection for performances ceasing to be protected before 1 July 2004 |
| Division 6—Assignments and licences before 1 January 2005 | |
| 532. | Assignments and licences made before 1 January 2005 and relating to broadcasting and cable programmes |
| Division 7—Works, performances, acts, etc., before appointed day | |
| 533. | No revival or extension of copyright in authorial work, sound recording or film expiring before appointed day |
| 534. | Assignments and licences of copyright made on or after 10 April 1987 and before appointed day to have similar effect |
| 535. | Assignments of performers’ rights made before appointed day to have similar effect |
| 536. | Photographs taken on or after 10 April 1987 and before appointed day—who is the author |
| 537. | Photographs taken on or after 10 April 1987 and before appointed day—presumptions relating to authorship |
| 538. | Editions of authorial works published by Government before appointed day—no infringement of Government copyright |
| 539. | Deciding equitable remuneration payable under 1987 Act |
| 540. | Copyright Tribunals constituted under 1987 Act |
| 541. | Saving and transitional provision |
