Copyright Act 2021/Part 12

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Copyright Act 2021

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4281306Copyright Act 2021 — Part 12

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PART 12
TRANSITIONAL
Division 1—Preliminary

References in laws and documents to predecessor Acts and copyright thereunder

508.—(1) Without affecting the other provisions of this Part—

(a) a reference in any law or document to a provision of a predecessor Act is to be read as a reference (or as including a reference) to the corresponding provision of this Act;

(b) if, apart from this Act, a reference in any law or document to copyright would be read as a reference to copyright under a predecessor Act, the reference is to be read as a reference (or as including a reference) to copyright under this Act;

(c) if, apart from this Act, a reference in any law or document to any subject matter in which copyright subsists would be read as a reference to the subject matter in which copyright subsisted under a predecessor Act, the reference is to be read as a reference (or as including a reference) to the subject matter in which copyright subsists under this Act; and

(d) a reference in any law or document to the grant of an interest in copyright by licence is to be read, in relation to copyright under this Act, as a reference to the grant of a licence in respect of that copyright.

(2) Subsection (1) is subject to any contrary intention in the law or document.

(3) In this section—

“document” means a contract, an agreement or any other instrument;

“law” means any written law other than this Act;

“predecessor Act” means the 1911 Act or the 1987 Act.

Division 2—Works, acts, etc., before 1 July 1912

Interpretation of this Division and Division 3

509.—(1) Wherever it is expressly so provided in this Division and Division 3—

“deliver”, in relation to a lecture, includes deliver by means of a mechanical instrument;

“dramatic work” includes—

(a) a piece for recitation;

(b) a choreographic work or an entertainment in dumb show the scenic arrangement or acting form of which is fixed in writing or otherwise; and

(c) a cinematograph production where the arrangement, the acting form or the combination of incidents represented gives the work an original character;

“lecture” includes an address, a speech and a sermon;

“literary work” includes a map, chart, plan, table and compilation;

“perform”, in relation to a dramatic work as defined by this section or a musical work—

(a) means to make an acoustic representation of the work or a visual representation of a dramatic action in the work; and

(b) includes such a representation made by means of a mechanical instrument;

“photograph” includes photo-lithograph and a work produced by a process similar to photography.

(2) For the purposes of this Division and Division 3, if an authorial work, a sound recording or a film is made over a period of time, the work, recording or film is deemed not to have been made before 10 April 1987 unless the period of time ended before that date.

What is a substituted right

510. In this Division, “substituted right” means a right conferred by section 24 of the 1911 Act in place of a right subsisting immediately before 1 July 1912.

No copyright in authorial works made before 1 July 1912 unless there is substituted right

511. Despite sections 516 and 517, sections 109 and 110 (copyright in authorial works) do not confer any copyright on an authorial work made before 1 July 1912 unless a substituted right subsisted in the work immediately before 10 April 1987.

Scope of copyright in dramatic or musical works made before 1 July 1912 depends on scope of substituted right

512.—(1) Where a substituted right in relation to a dramatic or musical work made before 1 July 1912 did not include the sole right to perform the work in public, any copyright subsisting in the work under this Act does not include performing rights.

(2) Where a substituted right in relation to a dramatic or musical work made before 1 July 1912 consisted only of the sole right to perform the work in public, any copyright subsisting in the work under this Act consists only of performing rights.

(3) In this section, “performing rights”, in relation to a dramatic or musical work, means—

(a) the exclusive right to perform the work, or an adaptation of the work, in public;

(b) the exclusive right to broadcast the work or an adaptation of the work; and

(c) the exclusive right to cause the work, or an adaptation of the work, to be in a cable programme service.

Copyright in contributions to periodicals made before 1 July 1912 subject to author’s right to publish in separate form

513.—(1) This section applies where—

(a) an authorial work made before 1 July 1912 consists of an essay, article or item that is part of, and first published in—

(i) a review, magazine or other periodical; or

(ii) a similar work; and

(b) immediately before 10 April 1987, the author of the authorial work was entitled to a right of publishing the authorial work in a separate form by virtue of the note to the First Schedule to the 1911 Act.

(2) Any copyright in the authorial work under this Act is subject to the author’s right mentioned in subsection (1)(b).

Assignments and grants made before 1 July 1912

514.—(1) This section applies where—

(a) under this Act, copyright subsists in an authorial work made before 1 July 1912; and

(b) the author of the work had, before 1 July 1912, made an assignment, or a grant, of a kind mentioned in paragraph (a) of the proviso to section 24(1) of the 1911 Act (called in this section the 1911 provision).

(2) If—

(a) an event occurred, or a notice was given, before 10 April 1987; and

(b) under the 1911 provision, the event or notice would have—

(i) affected the ownership of the substituted right in the authorial work; or

(ii) created, transferred or terminated an interest, a right or a licence in the substituted right,

the event or notice has the same effect in relation to any copyright in the authorial work under this Act.

(3) If, by virtue of the 1911 provision and but for the repeal of the 1911 Act, a right would have been exercisable on or after 10 April 1987—

(a) in respect of the authorial work; or

(b) in relation to the substituted right in the authorial work,

the right continues to be exercisable in respect of the authorial work or in relation to the substituted right in the work, as the case may be.

(4) If—

(a) under the 1911 provision, the substituted right in the authorial work would have reverted to the author or the author’s personal representatives on the date mentioned in the relevant paragraph; and

(b) that date occurs on or after 10 April 1987,

then, on that date—

(c) the copyright in the authorial work under this Act reverts to the author or the author’s personal representatives, as the case may be; and

(d) if any other person has an interest in that copyright immediately before that date by virtue of any document made before 1 July 1912, that interest ceases.

(5) This section does not limit section 524.

Division 3—Works, acts, etc., before 10 April 1987

Authorial works first published before 10 April 1987—no revival of copyright expiring before 10 April 1987

515.—(1) This section applies to an authorial work—

(a) first published before 10 April 1987; but

(b) made on or after 1 July 1912.

(2) Division 2 of Part 3 does not confer any copyright on the work unless copyright subsisted in the work under the 1911 Act immediately before 10 April 1987.

Authorial works made before 10 April 1987—modifications to section 109

516.—(1) In relation to an authorial work made before 10 April 1987, a reference in section 109 (copyright in unpublished authorial works) to a qualified individual includes a reference to—

(a) a British subject; and

(b) a person domiciled in a country to which the 1911 Act extended.

(2) This section is subject to section 515.

Authorial works first published before 10 April 1987—modifications to section 110

517.—(1) In relation to an authorial work first published before 10 April 1987—

(a) a reference to Singapore in section 110 (copyright in published authorial works) includes a reference to a country to which the 1911 Act extended; and

(b) section 110(1)(a)(i) and (2)(b)(i) does not apply.

(2) This section is subject to section 515.

Photographs taken before 10 April 1987—who is the author

518. For the purposes of this Act, the author of a photograph taken before 10 April 1987 is the person who, when the photograph was taken, owned the material on which the photograph was taken.

Photographs taken before 10 April 1987—duration of copyright

519.—(1) This section applies to a photograph taken before 10 April 1987.

(2) Sections 114 and 115 (duration of copyright in authorial works) do not apply to the photograph.

(3) Subject to any earlier expiration under section 110(1) as modified by sections 516 and 517, any copyright in the photograph by virtue of Division 2 of Part 3 expires 70 years after the end of the year in which the photograph was taken.

Artistic works made before 10 April 1987—no copyright if work is a registrable design

520. This Act does not confer any copyright on an artistic work made before 10 April 1987 if the work, when it was made—

(a) was a design capable of being registered under the Patents and Designs Act 1907 of the United Kingdom (U.K. 1907, c. 29); and

(b) was used, or intended to be used, as a model or pattern to be multiplied by an industrial process.

Sound recordings made or first published before 10 April 1987—modifications to section 120

521. In relation to a sound recording made before 10 April 1987, a reference in section 120(a) (copyright in sound recordings) to a qualified individual includes a reference to—

(a) a reference in section 120(a) (copyright in sound recordings) to a qualified individual includes a reference to—

(i) a British subject; and

(ii) a person domiciled in a country to which the 1911 Act extended;

(b) despite section 120(b)(i), copyright does not subsist in the recording just because it was made in Singapore; and

(c) for the purposes of section 120(b)(i), the recording is to be treated as first published in Singapore if it is first published in any country to which the 1911 Act extended.

Sound recordings made before 10 April 1987—duration of copyright

522.—(1) This section applies where—

(a) a sound recording was made before 10 April 1987; and

(b) copyright subsists in a sound recording by virtue of section 120 (copyright in sound recordings) as modified by section 521.

(2) Section 122 (duration of copyright in sound recordings) does not apply.

(3) The copyright expires 70 years after the end of the year in which the recording was made.

Films made before 10 April 1987—treatment

523.—(1) This section applies to a film that was made before 10 April 1987.

(2) If the film is a dramatic work as defined by section 509(1)—

(a) the film is to be treated as an original dramatic work for the purposes of this Act; and

(b) the author of the film (as a dramatic work) is the person who would be the author of the film under the 1911 Act.

(3) This Act applies to a photograph forming part of the film as it applies to a photograph that does not form part of a film.

Assignments and licences made before 10 April 1987 in relation to authorial works, sound recordings and films to have similar effect

524.—(1) This section applies where—

(a) under this Act, copyright subsists in a work, being—

(i) an authorial work;

(ii) a sound recording; or

(iii) a film;

(b) a document was made, or an event occurred, before 10 April 1987; and

(c) the document or event—

(i) affected the ownership of the copyright in the work under the 1911 Act;

(ii) created, transferred or terminated an interest, a right or a licence in the copyright in the work under the 1911 Act; or

(iii) would have had the effect mentioned in sub-paragraph (i) or (ii) if the 1911 Act had continued in force.

(2) Subject to subsections (3) and (4) and section 525, the document or event has the same effect in relation to the copyright in the work under this Act.

(3) If the effect of the document was or would have been limited to a period specified in the document, the document does not have any effect in relation to the copyright under this Act except insofar as the period extends after 10 April 1987.

(4) In determining the effect of a document for the purposes of this section and section 525—

(a) an expression in the document has the meaning it had immediately before 10 April 1987 (whether or not it would have a different meaning under this Act or the 1987 Act); and

(b) section 140 (assignment of future copyright) does not apply.

(5) In this section, a reference to copyright in a work under the 1911 Act is to be read as—

(a) in relation to a sound recording—a reference to copyright under that Act in records embodying the recording; and

(b) in relation to a film—a reference to copyright under that Act in—

(i) the film (insofar as it is a dramatic work for the purposes of that Act); or

(ii) photographs forming part of the film.

Authorial works made before 10 April 1987—copyright reverts to author’s estate 25 years after death

525.—(1) Subject to subsection (5), this section applies where—

(a) an authorial work was made before 10 April 1987; and

(b) the author was the first owner of the copyright in the work under this Act.

(2) If—

(a) the author assigned, or granted an interest in, the copyright; and

(b) the assignment or grant—

(i) was made at any time after 1 July 1912 and before 10 April 1987;

(ii) was not by will; and

(iii) would have effect in relation to the copyright by virtue of section 524,

the assignment or grant does not give the assignee or grantee any rights beyond the expiry of 25 years after the death of the author.

(3) On the author’s death, the reversionary interest in the copyright expectant on the expiry of 25 years after the death of the author devolves, despite any contrary agreement, to the legal personal representative of the author as part of the author’s estate.

(4) Any agreement entered into by the author is void to the extent that it purports to dispose of the interest that devolves under subsection (3).

(5) This section does not apply to—

(a) the assignment of the copyright in a collective work; or

(b) a licence to publish a work or a part of a work as part of a collective work.

(6) This section does not limit section 524.

(7) In this section, “collective work” means—

(a) an encyclopaedia, a dictionary, a year book or a similar authorial work;

(b) a newspaper, review, magazine or similar periodical; or

(c) an authorial work written in distinct parts by different authors, or in which authorial works or parts of authorial works of different authors are incorporated.

Bequests by author who died before 10 April 1987

526.—(1) Subsection (2) applies where—

(a) the author of an authorial work has died before 10 April 1987;

(b) a person has acquired, under the author’s will, the ownership of a manuscript of the work; and

(c) the work—

(i) has not been published;

(ii) in the case of a dramatic or musical work—has not been performed in public; and

(iii) in the case of a lecture—has not been delivered in public.

(2) Unless the contrary is proved, the person is presumed to own any copyright in the work.

(3) In this section, an expression that is defined by section 509 has the meaning given to it by that section and not the meaning, if any, given to it by Part 2.

Reproduction of authorial work published before 10 April 1987 upon payment of royalties

527.—(1) It is a permitted use for a person (X) to make a copy of an authorial work for sale if—

(a) the work was published before 10 April 1987;

(b) the copy was made after the relevant date;

(c) before 10 April 1987, X gave the written notice, as prescribed for the purposes of the proviso to section 3 of the 1911 Act, of X’s intention to reproduce the work; and

(d) X has paid to or for the benefit of the copyright owner royalties—

(i) in respect of all the copies sold by X;

(ii) calculated at the rate of 10% of the price at which X published the reproduction; and

(iii) in the manner prescribed for the purposes of the proviso to section 3 of the 1911 Act or for the purposes of this section.

(2) The relevant date for the purposes of subsection (1)(b) is as follows:

(a) in the case of a work in which copyright subsisted on 1 July 1912—

(i) if the work is a work of joint authorship, the later of the following dates:

(A) the date falling 30 years after the death of the joint author who died first;

(B) the date of the death of the joint author who died last; and

(ii) if not—30 years after the death of the author;

(b) in any other case—

(i) if the work is a work of joint authorship, the later of the following dates:

(A) the date falling 25 years after the death of the joint author who died first;

(B) the date of the death of the joint author who died last; and

(ii) if not—25 years after the death of the author.

(3) If—

(a) copyright subsists in a literary, dramatic or musical work or an engraving at the date of the death of the author (or the death of the joint author of the work who died last); and

(b) when the author (or joint author) died—

(i) the work or engraving had not been published;

(ii) in the case of a dramatic or musical work—the work had not been performed in public; and

(iii) in the case of a lecture—the lecture had not been delivered in public,

the author (or joint author) is deemed to have died, for the purposes of this section, on the date on which—

(c) in the case of a literary work (other than a lecture) or an engraving—the work was first published;

(d) in the case of a dramatic or musical work—the work was first published or first performed in public, whichever first happened; or

(e) in the case of a lecture—the lecture was first published or first delivered in public, whichever first happened.

(4) Regulations may—

(a) provide for the manner in which, and the times at which, royalties are to be paid for the purposes of subsection (1)(d); and

(b) include provision requiring payment in advance, or otherwise securing the payment of those royalties.

(5) In this section, an expression that is defined by section 509 has the meaning given to it by that section and not the meaning, if any, given to it by Part 2.

Division 4—Commercial rental arrangements in respect of copies bought before 16 April 1998

Copies of computer programs bought before 16 April 1998

528. Section 112(1)(g) (nature of copyright in literary, dramatic and musical works) does not extend to entering into a commercial rental arrangement in respect of a computer program if—

(a) the copy of the program was bought by a person (X) before 16 April 1998;

(b) the copy is not an infringing copy;

(c) the commercial rental arrangement is made in the ordinary course of a business conducted by X; and

(d) when X bought the copy, X was conducting the same business or another business that involved making commercial rental arrangements in respect of copies of computer programs.

Copies of sound recordings bought before 16 April 1998

529. Section 121(a)(ii) (nature of copyright in sound recordings) does not extend to entering into a commercial rental arrangement in respect of a sound recording if—

(a) the copy of the recording was bought by a person (X) before 16 April 1998;

(b) the copy is not an infringing copy;

(c) the commercial rental arrangement is made in the ordinary course of a business conducted by X; and

(d) when X bought the copy, X was conducting the same business or another business that involved making commercial rental arrangements in respect of copies of sound recordings.

No revival or extension of copyright in authorial work, sound recording or film expiring before 1 July 2004

530.—(1) This section applies where, under the provisions of the 1987 Act in force immediately before 1 July 2004, the copyright in an authorial work, a sound recording or a film expired before that date.

(2) Part 3 and sections 519 and 522 do not apply to revive or extend the copyright.

No revival or extension of protection for performances ceasing to be protected before 1 July 2004

531.—(1) This section applies where—

(a) a performance was given before 1 July 2004; and

(b) the protection period of the performance, as defined in section 246(1) of the 1987 Act in force immediately before 1 July 2004, expired before that date.

(2) Part 4 does not apply to revive or extend the protection of the performance.

Division 6—Assignments and licences before 1 January 2005

Assignments and licences made before 1 January 2005 and relating to broadcasting and cable programmes

532.—(1) This section applies to any licence, contract or arrangement (including any assignment of copyright) that—

(a) has been granted or entered into before 1 January 2005; and

(b) relates to—

(i) the broadcast of a work; or

(ii) the inclusion of a work in a cable programme.

(2) Subject to any contrary intention, the licence, contract or arrangement continues to have effect in accordance with the 1987 Act in force immediately before 1 January 2005.

Division 7—Works, performances, acts, etc., before appointed day

No revival or extension of copyright in authorial work, sound recording or film expiring before appointed day

533.—(1) This section applies where, under the provisions of the 1987 Act in force immediately before the appointed day, the copyright in an authorial work, a sound recording or a film expired before that date.

(2) Part 3 does not apply to revive or extend the copyright in the work.

Assignments and licences of copyright made on or after 10 April 1987 and before appointed day to have similar effect

534.—(1) This section applies where—

(a) copyright subsists in a work under this Act;

(b) a document was made, or an event occurred, on or after 10 April 1987 and before the appointed day; and

(c) the document or event—

(ii) granted, modified or ended a licence in the copyright in the work under the 1987 Act; or

(iii) would have had the effect mentioned in sub-paragraph (i) or (ii) if the 1987 Act had continued in force.

(2) Subject to subsections (3) and (4), the document or event has the same effect in relation to the copyright in the work under this Act.

(3) If the effect of the document was or would have been limited to a period specified in the document, the document does not have any effect in relation to the copyright under this Act except insofar as the period extends after the appointed day.

(4) In determining the effect of a document for the purposes of this section, an expression in the document has the meaning it had immediately before the appointed day (whether or not it would have a different meaning under this Act).

Assignments of performers’ rights made before appointed day to have similar effect

535.—(1) This section applies where—

(a) a performance is protected under this Act;

(b) a document was made, or an event occurred, before the appointed day; and

(c) the document or event—

(i) affected the person who may bring an action for an unauthorised use of the performance under the 1987 Act; or

(ii) would have had that effect if the 1987 Act had continued in force.

(2) Subject to subsections (3) and (4), the document or event has the same effect in relation to the performance under this Act.

(3) If the effect of the document was or would have been limited to a period specified in the document, the document does not have any effect in relation to the performance under this Act unless the period extends after the appointed day.

(4) In determining the effect of a document for the purposes of this section, an expression in the document has the meaning it had immediately before the appointed day (whether or not it would have a different meaning under this Act).

Photographs taken on or after 10 April 1987 and before appointed day—who is the author

536. For the purposes of this Act, the author of a photograph taken on or after 10 April 1987 but before the appointed day is the person who took the photograph.

Photographs taken on or after 10 April 1987 and before appointed day—presumptions relating to authorship

537.—(1) This section applies in—

(a) an action for copyright infringement in respect of a photograph taken on or after 10 April 1987 but before the appointed day; and

(b) an application for an access disabling order under section 325 in relation to that infringement.

(2) A person (X) is presumed to have taken the photograph if it is proved that, when the photograph was taken, X owned the material on which the photograph was taken.

(3) A person (Y) is presumed to have taken the photograph if—

(a) it is not proved who owned the material on which the photograph was taken when it was taken; and

(b) it is proved that, when the photograph was taken, Y owned the apparatus by which the photograph was taken.

(4) A person (Z) is presumed to have taken the photograph if—

(a) it is not proved—

(i) who owned the material on which the photograph was taken when it was taken; and

(ii) who owned the apparatus by which the photograph was taken when it was taken; and

(b) it is proved that—

(i) Z owned the photograph when Z died; or

(ii) if it is not proved who owned the photograph when Z died—the photograph was in Z’s possession or custody when Z died.

(5) Subsections (2), (3) and (4) do not apply if the contrary is proved.

Editions of authorial works published by Government before appointed day—no infringement of Government copyright

538.—(1) This section applies where copyright subsists in an edition of an authorial work published before the appointed day, but only by virtue of section 117(1)(b)(ii).

(2) To avoid doubt, no act done before the appointed day is an infringement of that copyright.

Deciding equitable remuneration payable under 1987 Act

539.—(1) This section applies where a person (X) is liable, under a provision of the 1987 Act, to pay equitable remuneration to another person (Y) of an amount to be—

(a) agreed between X and Y; or

(b) in default of agreement, to be decided by a Copyright Tribunal constituted under that Act.

(2) For the purposes of X’s liability—

(a) an agreement between X and Y may be made before, on or after the appointed day; and

(b) in default of agreement, the amount of equitable remuneration payable by X is to be decided by a Copyright Tribunal constituted under this Act.

(3) For the purposes of section 54(15)(b) of the 1987 Act, the relevant request in writing may be made before, on or after the appointed day.

540. A Copyright Tribunal constituted under the 1987 Act to hear and determine any matter is deemed to be constituted under Part 10 of this Act and may continue to hear and determine the matter.

Saving and transitional provision

541.—(1) Any subsidiary legislation made under the 1987 Act and in force immediately before the appointed day continues in force, so far as it is not inconsistent with the provisions of this Act, as if made under this Act until it is revoked by subsidiary legislation made under this Act.

(2) For a period of 2 years after the date of commencement of any provision of this Act, the Minister may, by regulations, prescribe such additional provisions of a saving or transitional nature consequent on the enactment of that provision as the Minister may consider necessary or expedient.