Copyright Act 1987 (Singapore)/Part IV

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PART IV
COPYRIGHT IN SUBJECT-MATTER OTHER THAN WORKS

Division 1—Preliminary

Interpretation

81. In this Part,

“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.

Division 2—Nature of Copyright in Subject-Matter other than Works

Nature of copyright in sound recordings

82. For the purposes of this Act, unless the contrary intention appears, copyright, in relation to a sound recording, is the exclusive right to make a copy of the sound recording.

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 broadcast the film;

(d) to include the film in a cable programme.

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 include it in a cable programme.

(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:

Provided that for the purposes of paragraph (a) no account shall be taken—

(i) of persons admitted to the place in question as residents or inmates therein; or

(ii) 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.

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 broadcast it or to include it in a cable programme service.

(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 paragraph (c) of subsection (1), 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 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:

Provided that for the purposes of paragraph (a) no account shall be taken—

(i) of persons admitted to the place in question as residents or inmates therein; or

(ii) 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 two 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.

Division 3—Subject-Matter, other than Works, in which Copyright subsists

Sound recordings in which copyright subsists

87.—(1) Subject to 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 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 this Act, in a published sound recording if the first publication of the recording took place in Singapore.

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 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 this Act, in a published cinematograph film if the first publication of the film took place in Singapore.

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—

(i) the Singapore Broadcasting Corporation; or

(ii) the holder of a licence for a television station; and

(b) in a sound broadcast made from a place in Singapore by—

(i) the Singapore Broadcasting Corporation; or

(ii) the holder of a licence for a broadcasting station.

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 two 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.

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 50 years after the expiration of the calendar year in which the recording is first published.

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 50 years after the expiration of the calendar year in which the film was first published.

(2) Copyright subsisting in a cinematograph film by virtue only of section 88(3) shall continue to subsist until the expiration of 50 years after the expiration of the calendar year in which the film was first published.

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.

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.

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.

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.

Ownership of copyright in television broadcasts and sound broadcasts

99. Subject to Part X—

(a) the Singapore Broadcasting Corporation is the owner of any copyright subsisting in a television broadcast or sound broadcast made by it; and

(b) a person who is or has been a holder of a licence for a television station or a broadcasting station is the owner of any copyright subsisting in a television broadcast or sound broadcast, as the case may be, made by that person.

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.

Division 6—Infringement of Copyright in Subject-Matter other than Works

Interpretation

102. In this Division—

“audio-visual item” means a sound recording, a cinematograph film, a sound broadcast, a television broadcast or a cable programme;

“research” does not include industrial research or research carried out by bodies corporate (not being bodies corporate owned or controlled by the Government), companies, associations or bodies of persons carrying on any business.

Infringement by doing acts comprised in copyright

103.—(1) Subject to 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.

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.

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.

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.

Making of a copy of the sound recording for purposes of broadcasting

107. The making by the Singapore Broadcasting Corporation or a person holding a licence to operate a television or broadcasting station of a copy of the sound recording solely for the purpose of broadcasting shall not constitute an infringement of the copyright in the recording.

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, by virtue of this Part, copyright has subsisted in a cinematograph film, a person who, after that copyright has expired, causes the film to be seen or heard, or to be seen and heard, in public shall not, by so doing, infringe any copyright subsisting by virtue of Part III in a literary, dramatic, musical or artistic work.

(3) 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.

Fair dealing for purpose of research or private study

109. Section 35(1) and (2) shall apply to the doing of any act in relation to audio-visual items as it applies to the doing of that act in relation to literary, dramatic, musical and artistic works.

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 acknowledgement of the first-mentioned audio-visual item is made.

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 acknowledgement of the first-mentioned audiovisual 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 or in a cinematograph film.

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—

(c) by the making of a copy of the sound recording or cinematograph film by a person for the purpose of research or private study or with a view to publication; or

(d) by the making of a copy of the sound recording or cinematograph film by or on behalf of the officer-in-charge of the library or archives, if the copy is supplied to a person who satisfies the officer that he or she requires the copy for the purpose of research or private study or with a view to publication and that he or she will not use it for any other purpose.

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 second-hand 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.

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.

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.

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) 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 or 54, 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) of the whole or a part of one of those works or the making of copies (including 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 or 54, infringe copyright in that work or in those works.

Division 7—Miscellaneous

Copyrights to subsist independently

117.—(1) Subject to section 108(2), 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, and copyright subsisting by virtue of Part III.

(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.