Copyright Act 2021/Part 1

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REPUBLIC OF SINGAPORE

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No. 22 of 2021.

I assent.

An act to repeal and re-enact the Copyright Act (Chapter 63 of the 2006 Revised Edition) to provide for copyright, the protection of performances and related rights, and to make related and consequential amendments to certain other Acts.

Be it enacted by the President with the advice and consent of the Parliament of Singapore, as follows:

PART 1
PRELIMINARY

Short title and commencement

1.—(1) This Act is the Copyright Act 2021 and comes into operation on a date that the Minister appoints by notification in the Gazette.

(2) For the purposes of subsection (1), the same date must be appointed for all the provisions of this Act except—

(a) Division 2 of Part 9 and section 507(4)(c) (licensing of collective management organisations); and

(b) sections 501(2) and (3) and 507(10) (jurisdiction of General Division of High Court).

Application to things existing before appointed day

2. Unless it expressly provides otherwise, this Act applies to a thing existing on the appointed day as it applies to a thing coming into existence after that day.

Extension of Act to reciprocating countries

3.—(1) Subject to subsection (2), regulations may prescribe that—

(a) a country is a reciprocating country; and

(b) this Act is extended so as to apply in relation to the country or its nationals—

(i) generally or for specified classes of cases; and

(ii) with or without modifications or exceptions.

(2) A country may be prescribed as a reciprocating country only if—

(a) in relation to works protected by copyright under the provisions of this Act—

(i) the country and Singapore are both parties to a treaty, convention or other international agreement relating to copyright; or

(ii) the Minister is satisfied that those works are or will be adequately protected under the law of the country; and

(b) in relation to the performances protected under the provisions of this Act—

(i) the country and Singapore are both parties to a treaty, convention or other international agreement relating to the protection of performances; or

(ii) the Minister is satisfied that those performances are or will be adequately protected under the law of the country.

(3) In this section and section 4, “national”, in relation to a country, means—

(a) a national, citizen or resident of the country; or

(b) a body incorporated or established under the law of the country.

Exclusion of non-reciprocating countries from Act

4.—(1) Subject to subsection (2), regulations may prescribe that—

(a) a country is a non-reciprocating country; and

(b) either—

(i) this Act does not apply in relation to the country or its nationals, whether generally or for specified classes of cases; or

(ii) the application of this Act in relation to the country or its nationals is subject to modifications or exceptions.

(2) A country may be prescribed as a non-reciprocating country only if the Minister considers that the law of the country does not give adequate protection to—

(a) works (or any class of works) protected by copyright under this Act; or

(b) performances (or any class of performances) protected under this Act.

(3) Without limiting subsection (2), the inadequacy of protection may relate to the nature of the work or performance, or the nationality, citizenship or country of residence of the person who made the work or gave the performance.

(4) In making regulations under subsection (1)(b), the Minister must have regard to the nature and extent of the inadequacy mentioned in subsection (2).

(5) Regulations under subsection (1) must not deprive a person of any rights acquired under this Act before the date on which the regulations are published in the Gazette.

(6) In this section, “work” does not include a published edition of an authorial work.

Savings for other laws

5.—(1) Unless it expressly provides otherwise, this Act does not affect any right or privilege of any person (including the Government) under any other written law.

(2) This Act does not affect the operation of the law relating to breaches of trust or confidence.

Act binds Government

6.—(1) Unless it expressly provides otherwise, this Act binds the Government.

(2) The Government is not liable to be prosecuted for an offence under this Act.