Copyright Act 2021/Part 11

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PART 11
MISCELLANEOUS

Groundless threats of legal proceedings for copyright infringement

499.—(1) This section applies where a person (X) threatens another person (Y) with any proceedings in respect of an infringement of copyright.

(2) Y or any aggrieved person may bring an action in the Court against X.

(3) In an action under subsection (2), the claimant may—

(a) obtain a declaration to the effect that the threat is unjustifiable;

(b) obtain an injunction against the continuance of the threat; and

(c) recover such damages (if any) as the claimant has sustained.

(4) Subsection (3) does not apply if X proves that the acts in respect of which X has threatened proceedings are (or would, if done, be) an infringement of copyright.

(5) To avoid doubt, X may, in an action under subsection (2), make a counterclaim for an infringement of copyright.

(6) This section does not make an advocate and solicitor liable for anything done by him or her in his or her professional capacity on behalf of a client.

(7) For the purposes of this section—

(a) it does not matter whether the threat is made by a circular, an advertisement or otherwise;

(b) it does not matter whether X is or is not the owner or an exclusive licensee of the copyright concerned; and

(c) the mere notification of the existence of a copyright is not a threat of proceedings.

Offences by bodies corporate, etc.

500.—(1) Where an offence under this Act committed by a body corporate is proved—

(a) to have been committed with the consent or connivance of an officer of the body corporate; or

(b) to be attributable to any neglect on his or her part,

the officer as well as the body corporate shall be guilty of the offence and shall be liable to be proceeded against and punished accordingly.

(2) Where the affairs of a body corporate are managed by its members, subsection (1) applies in relation to the acts and defaults of a member in connection with his or her functions of management as if he or she were a director of the body corporate.

(3) Where an offence under this Act committed by a partnership is proved—

(a) to have been committed with the consent or connivance of a partner; or

(b) to be attributable to any neglect on his or her part,

the partner as well as the partnership shall be guilty of the offence and shall be liable to be proceeded against and punished accordingly.

(4) Where an offence under this Act committed by an unincorporated association (other than a partnership) is proved—

(a) to have been committed with the consent or connivance of an officer of the unincorporated association or a member of its governing body; or

(b) to be attributable to any neglect on the part of such an officer or member,

the officer or member as well as the unincorporated association shall be guilty of the offence and shall be liable to be proceeded against and punished accordingly.

(5) In this section—

“body corporate” includes a limited liability partnership as defined by section 4(1) of the Limited Liability Partnerships Act;

“officer”—

(a) in relation to a body corporate—means any director, partner, member of the committee of management, chief executive, manager, secretary or other similar officer of the body corporate and includes any person purporting to act in any such capacity; or

(b) in relation to an unincorporated association (other than a partnership)—means the president, the secretary, or any member of the committee of the unincorporated association, or any person holding a position analogous to that of president, secretary or member of such a committee and includes any person purporting to act in any such capacity;

“partner” includes a person purporting to act as a partner.

(6) The Minister may make regulations to provide for the application of any provision of this section, with such modifications as the Minister considers appropriate, to a body corporate or an unincorporated association formed or recognised under the law of a territory outside Singapore.

Jurisdiction of courts

501.—(1) Despite the Criminal Procedure Code, a District Court or a Magistrate’s Court has jurisdiction to try any offence under this Act or the 1987 Act and has power to impose the full punishment for any such offence.

(2) Subject to subsection (1), the General Division of the High Court is the court that has jurisdiction in matters under this Act and the 1987 Act.

(3) Subsection (2) does not affect any proceedings brought before the date of its commencement.

Application of Government Proceedings Act

502. To avoid doubt, it is declared that section 12 of the Government Proceedings Act (which relates to infringements of industrial property by employees or agents of the Government) applies to copyright under this Act.

Application of Electronic Transactions Act

503. To avoid doubt, section 26(1) of the Electronic Transactions Act (which relates to the limitation of liability against network service providers) applies in relation to any civil or criminal liability under this Act other than liability in respect of a rights infringement.

Immunity of officers and employees of Government and IPOS

504. No liability shall lie against any officer or employee of the Government or of IPOS for anything done or omitted to be done—

(a) in good faith and with reasonable care; and

(b) in the exercise or purported exercise of any power, duty or function under this Act.

Regulations

505.—(1) The Minister may make regulations—

(a) to prescribe anything that is required or permitted to be prescribed by this Act; and

(b) generally for the purposes of this Act.

(2) Without limiting subsection (1), regulations 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.

Repeal of Copyright Act

506.—(1) The Copyright Act is repealed.

(2) To avoid doubt, section 16 of the Interpretation Act applies in relation to the repeal of the Copyright Act.

Related and consequential amendments, etc.

507.—(1) Section 89(1)(x) of the Customs Act (Cap. 70, 2004 Ed.) is amended by deleting the words “section 140EB or 140LE of the Copyright Act” and substituting the words “section 353 of the Copyright Act 2021”.

(2) Section 26 of the Electronic Transactions Act (Cap. 88, 2011 Ed.) is amended—

(a) by deleting paragraph (d) of subsection (2) and substituting the following paragraph:

“(d) any liability of a network service provider under the Copyright Act 2021 in respect of a rights infringement as defined by section 97 of that Act.”; and

(b) by deleting the definitions of “performance” and “protection period” in subsection (3).

(3) Part 2 and section 37 of the Intellectual Property (Dispute Resolution) Act 2019 (Act 23 of 2019) are repealed.

(4) The Intellectual Property Office of Singapore Act (Cap. 140, 2002 Ed.) is amended—

(a) by deleting the words “Part VII of the Copyright Act (Cap. 63)” in the definition of “Copyright Tribunal” in section 2 and substituting the words “Part 10 of the Copyright Act 2021”;

(b) by deleting the words “Copyright Act (Cap. 63)” in section 6(1)(b) and substituting the words “Copyright Act 2021”; and

(c) by inserting, immediately after item 4 in Third Schedule, the following item:

“5. Part 9, Division 2 of the Copyright Act 2021.”.

(5) Section 108(6) of the Patents Act (Cap. 221, 2005 Ed.) is amended by deleting the words “Copyright Act (Cap. 63)” and substituting the words “Copyright Act 2021”.

(6) The Registered Designs Act (Cap. 266, 2005 Ed.) is amended—

(a) by deleting the definition of “artistic work” in section 2(1) and substituting the following definition:

“ “artistic work” has the meaning given by section 20(1) of the Copyright Act 2021;”;

(b) by deleting the words “Copyright Act (Cap. 63)” in sections 22(1)(a) and 45(6) and substituting in each case the words “Copyright Act 2021”; and

(c) by deleting subsection (3) of section 77 and substituting the following subsection:

“(3) For a period of 2 years after the date of commencement of any provision of the Copyright Act 2021, the Minister may, by rules, prescribe such transitional provisions in relation to that Act as the Minister may consider necessary or expedient.”.

(7) Section 31(1)(viiia) of the Regulation of Imports and Exports Act (Cap. 272A, 1996 Ed.) is amended by deleting the words “section 140EB or 140LE of the Copyright Act” and substituting the words “section 353 of the Copyright Act 2021”.

(8) Section 29 of the Supreme Court of Judicature (Amendment) Act 2019 (Act 40 of 2019) is amended by deleting subsection (2).

(9) Section 2 of the Undesirable Publications Act (Cap. 338, 1998 Ed.) is amended by deleting the definitions of “broadcast” and “broadcasting” and substituting the following definitions:

“ “broadcast” has the meaning given by section 27 of the Copyright Act 2021 and “broadcasting” has a corresponding meaning;”.

(10) The Copyright Act 2021 is amended—

(a) by deleting the definition of “Court” in section 7(1) and substituting the following definition:

“ “Court” means the General Division of the High Court;”;

(b) by deleting the words “General Division of the High Court” wherever they appear in the following provisions and substituting in each case the word “Court”:

Sections 325(1) and (2), 326(5), 327(1) and (2) and 494(1), (3)(c), (5)(a) and (b) and (6); and

(c) by deleting the words “General Division of High Court” in the section heading of section 494 and substituting the word “Court”.