Copyright Act 2021/Part 2

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PART 2
INTERPRETATION
Division 1—General

General interpretation

7.—(1) In this Act, unless the context otherwise requires—

“1911 Act” means the Copyright Act 1911 of the United Kingdom (U.K. 1911, c. 46) insofar as that Act has effect as part of the law of Singapore;

“1987 Act” means the Copyright Act (Cap. 63, 2006 Ed.);

“action” means a civil action and includes a counterclaim;

“adaptation”—

(a) in relation to a literary or dramatic work, has the meaning given by section 17; and

(b) in relation to a musical work, has the meaning given by section 18;

“appointed day” means the date appointed for all provisions of this Act except those in section 1(2)(a) and (b);

“archive” has the meaning given by section 92;

“article” includes a copy, in electronic form, of a work;

“artistic work” has the meaning given by section 20(1);

“authorial work” has the meaning given by section 9;

“authorised officer”, in relation to a public collection, has the meaning given by section 94;

“body administering an educational institution” has the meaning given by section 84;

“body administering an institution aiding persons with intellectual disabilities” has the meaning given by section 90;

“body administering an institution aiding persons with print disabilities” has the meaning given by section 87;

“broadcast” has the meanings given by sections 27 and 28;

“broadcasting licence” and “broadcasting licensee” have the meanings given by section 2(1) of the Broadcasting Act;

“building” has the meaning given by section 20(2);

“cable programme” has the meaning given by section 34;

“cable programme service” has the meaning given by section 35(1);

“commercial advantage”, in relation to an act, has the meaning given by section 74;

“commercial dealing” has the meaning given by section 73(2);

“commercial rental arrangement”, in relation to a computer program or a sound recording, has the meaning given by section 75;

“communicate” and “communication” have the meanings given by section 61;

“compilation” has the meaning given by section 13(2);

“computer program” has the meaning given by section 13(3);

“construction” includes erection and “reconstruction” has a corresponding meaning;

“contract of service” has the meaning given by section 2(1) of the Employment Act;

“copy” has the meanings given by the provisions in Subdivision (2) of Division 3 of Part 2;

“Copyright Tribunal” or “Tribunal” means a Copyright Tribunal established under this Act;

“copyright work” means a work in which copyright subsists;

“Court” means a court of competent jurisdiction;

“custodian”, in relation to a public collection, has the meaning given by section 93;

“deal commercially” has the meaning given by section 73(1);

“Director of National Archives” means the Director of National Archives appointed under section 14B(1) of the National Library Board Act;

“dramatic work” has the meaning given by section 15;

“drawing” has the meaning given by section 20(2);

“edition of an authorial work” includes an edition of authorial works;

“educational institution” has the meaning given by section 83;

“electronic” means actuated by electric, magnetic, electro-magnetic, electro-chemical or electro-mechanical energy;

“electronic copy”, in relation to a work or a recording of a protected performance, means a copy of the work or recording in an electronic form;

“engraving” has the meaning given by section 20(2);

“exclusive licence” and “exclusive licensee” have the meanings given by section 103;

“film”—

(a) has the meaning given by section 24(1); and

(b) in relation to a television broadcast, has the meaning given by section 46(2);

“flagrantly infringing online location” has the meaning given by section 99;

“for-profit” means operated or conducted, directly or indirectly, for profit;

“foreign institution aiding persons with print disabilities” has the meaning given by section 88;

“future copyright” has the meaning given by section 140(3);

“in electronic form” means in a form usable only by electronic means;

“infringing copy” has the meaning given by section 98;

“institution” includes an educational institution;

“institution aiding persons with intellectual disabilities” has the meaning given by section 89;

“institution aiding persons with print disabilities” has the meaning given by section 86;

“IPOS” means the Intellectual Property Office of Singapore established by the Intellectual Property Office of Singapore Act;

“literary work” has the meaning given by section 13(1);

“National Archives” has the meaning given by section 2 of the National Library Board Act;

“National Heritage Board” means the National Heritage Board established by the National Heritage Board Act;

“National Library Board” means the National Library Board established by the National Library Board Act;

“non-profit” means not operated or conducted, directly or indirectly, for profit;

“on demand” has the meaning given by section 62;

“organisation” means an organisation or association of persons (whether corporate or unincorporate);

“paying audience”, in relation to a television broadcast or cable programme, has the meaning given by section 76(1);

“perform” and “performance”, in relation to an authorial work, have the meanings given by section 67;

“periodical publication” means an issue of a periodical publication and “same periodical publication” has a corresponding meaning;

“person with a print disability” has the meaning given by section 85;

“photograph” has the meaning given by section 20(2);

“premises” includes any land, building, structure and conveyance;

“prescribed international organisation” has the meaning given by section 81(2);

“prospective owner”, in relation to a future copyright, means—

(a) in relation to a future copyright that is not assigned—the person who would be the first owner of the copyright under the provisions of this Act when the copyright comes into existence; and

(b) in relation to a future copyright that is assigned—the assignee in whom the copyright will vest under the assignment when the copyright comes into existence;

“protected performance” means a performance that is protected under Part 4;

“protection period”, in relation to a performance, means the period for which the performance is protected under section 174;

“provisions of this Act” does not include subsidiary legislation made under this Act;

“public body” has the meaning given by section 2(1) of the Public Sector (Governance) Act 2018;

“public collection” has the meaning given by section 91;

“qualified individual” has the meaning given by section 77;

“qualified person” has the meaning given by section 78;

“qualifying performance” has the meaning given by section 37(1);

“re-transmission”, in relation to a broadcast, has the meaning given by section 65;

“receiving apparatus” means any device or equipment that, if operated alone or together with any other device or equipment, enables people to see or hear a work that is communicated;

“record” means a disc, tape, paper or other device in which sounds are embodied;

“recording”, in relation to a protected performance, has the meaning given by section 38(1);

“rights infringement” has the meaning given by section 97;

“rights owner” has the meaning given by section 96;

“sculpture” has the meaning given by section 20(2);

“Singapore resident” has the meaning given by section 79;

“sound broadcast” has the meaning given by section 30;

“sound recording” has the meaning given by section 21;

“sound-track”, in relation to a film, has the meaning given by section 24(2)(c);

“sounds”, in relation to a film, has the meaning given by section 24(2)(b);

“television broadcast” has the meaning given by section 29;

“visual images”, in relation to a film, has the meaning given by section 24(2)(a);

“wireless telegraphy” means the emitting or receiving, otherwise than over a path that is provided by a material substance, of electro-magnetic energy;

“work” has the meaning given by section 8;

“work of joint authorship” has the meaning given by section 10;

“working day” means any day other than a Saturday, Sunday or public holiday.

(2) Unless the context otherwise requires, the provisions of this Part apply to and for the purposes of this Act.

Division 2—Works and performances
Subdivision (1)—Works

What is a work

8. A “work” is—

(a) an authorial work;

(b) a published edition of an authorial work;

(c) a sound recording;

(d) a film;

(e) a broadcast; or

(f) a cable programme.

Subdivision (2)—Authorial works in general

What is an authorial work

9. An “authorial work” is a literary, dramatic, musical or an artistic work.

What is a work of joint authorship

10. An authorial work is a “work of joint authorship” if—

(a) it is produced by the collaboration of 2 or more authors; and

(b) the contributions of the authors are not separate.

Reference to author includes all joint authors

11. Unless expressly provided otherwise, a reference in this Act to the author of an authorial work is, in relation to a work of joint authorship, a reference to all the authors of the work.

What is an authorial work with an identified author

12.—(1) An authorial work has an identified author if—

(a) the identity of the author is generally known or can reasonably be ascertained; or

(b) in the case of a work of joint authorship—the identity of at least one of the authors is generally known or can reasonably be ascertained.

(2) For the purposes of subsection (1)—

(a) the identity of the author of an authorial work is deemed to be generally known if—

(i) the work is published; and

(ii) the true name of the author, or a name by which the author is generally known, is specified in the published work as the author; and

(b) the identity of an author is not generally known just because the pseudonym of the author is generally known.

Subdivision (3)—Literary, dramatic and musical works

Literary work includes computer program and compilation

13.—(1) A “literary work” includes—

(a) a compilation in any form; and

(b) a computer program.

(2) A “compilation” is a compilation or table—

(a) consisting—

(i) wholly or partly of the following material:

(A) an authorial work, including a computer program;

(B) a published edition of an authorial work;

(C) a sound recording;

(D) a film;

(E) a broadcast;

(F) a cable programme;

(G) a recording of a protected performance; or

(ii) of data other than the material mentioned in sub-paragraph (i); and

(b) that is an intellectual creation because of the selection or arrangement of its contents.

(3) A “computer program” is an expression (in any language, code or notation) of a set of instructions (whether with or without related information) intended to—

(a) directly cause a device with information processing capabilities to perform a particular function; or

(b) cause a device with information processing capabilities to perform a particular function after—

(i) converting the instructions into another language, code or notation;

(ii) copying the instructions in a different material form; or

(iii) both of those acts.

(4) To avoid doubt, a computer program made before 10 April 1987 (or over a period ending before that date) is a literary work.

Subject matter of copyright in compilations

14. To avoid doubt, any copyright in a compilation—

(a) is limited to the selection or arrangement of its contents that constitutes an intellectual creation; and

(b) is in addition to, and independent of, any copyright in its contents and any other right under Part 4 (protection of performances) in relation to its contents.

What does a dramatic work include

15.—(1) Subject to subsection (2), a “dramatic work” includes—

(a) a work of dance or mime; and

(b) a scenario or script for a film, but not a film.

(2) A work of dance or mime made before the appointed day is not a dramatic work unless it is described in writing in the form in which the show is to be presented.

When is a literary, dramatic or musical work made

16.—(1) A literary, dramatic or musical work is made at the time when, or over the period during which, the work is first fixed in a material form, including—

(a) in writing; or

(b) by storage—

(i) in a computer;

(ii) on any medium by electronic means; or

(iii) on any other medium from which the work, or a substantial part thereof, can be directly reproduced.

(2) A literary, dramatic or musical work in the form of sounds embodied in an article or a thing is considered—

(a) to have been fixed in a material form; and

(b) to have been so fixed when those sounds were embodied in that article or thing.

Subdivision (4)—Adaptations of literary, dramatic or musical works

What is an adaptation of a literary or dramatic work

17. An “adaptation” of a literary work is—

(a) in relation to a literary work in a non-dramatic form—a version of the work (whether in its original language or in a different language) in a dramatic form;

(b) in relation to a literary work in a dramatic form—a version of the work (whether in its original language or in a different language) in a non-dramatic form;

(c) in relation to a literary work being a computer program—a version of the work (whether or not in the language, code or notation in which the work was originally expressed) that is not a copy of the work; and

(d) in relation to any literary work (whether in a non-dramatic form or dramatic form)—

(i) a translation of the work; or

(ii) a version of the work in which a story or an action is conveyed wholly or mainly through pictures.

What is an adaptation of a musical work

18. An “adaptation” of a musical work is an arrangement or a transcription of the work.

Adaptation of literary, dramatic or musical work includes adaptation of substantial part thereof

19. An adaptation of a substantial part of a literary, dramatic or musical work is to be treated as an adaptation of the work.

Subdivision (5)—Artistic works

What is an artistic work

20.—(1) An “artistic work”—

(a) is any of the following:

(i) a painting, a sculpture, a drawing, an engraving or a photograph (whether the work is of artistic quality or not);

(ii) a building or a model of a building (whether the building or model is of artistic quality or not);

(iii) a work of artistic craftsmanship to which neither sub-paragraph (i) nor (ii) applies; but

(b) does not include a layout-design or an integrated circuit as defined in section 2(1) of the Layout-Designs of Integrated Circuits Act.

(2) For the purposes of this Act—

“building” includes a structure of any kind;

“drawing” includes any diagram, map, chart or plan;

“engraving” includes an etching, a lithograph, a product of photogravure, a woodcut, a print or any other similar work, but not a photograph;

“photograph”—

(a) is a product of—

(i) photography or a similar process; or

(ii) xerography; but

(b) does not include any article or thing in which the visual images of a film are embodied;

“sculpture” includes a cast or model made for purposes of sculpture.

Subdivision (6)—Sound recordings

What is a sound recording

21. A “sound recording” is the sounds embodied in a record, but does not include the sounds of a film.

When is a sound recording made

22. A sound recording is made when the first record embodying the sounds is produced.

Who is the maker of a sound recording

23. The maker of a sound recording is the person who owns the first record embodying the sounds when the recording is produced.

Subdivision (7)—Films

What is a film; what are the visual images, sounds and sound-track of a film

24.—(1) A “film”—

(a) is all the visual images embodied in a thing in a way that—

(i) the images can be shown as a moving picture by using that thing; or

(ii) that thing can be used to embody the images in another thing, and the images can be shown as a moving picture by using that other thing; and

(b) includes all the sounds embodied in—

(i) that thing or any part of that thing; or

(ii) any disc, tape or other device that is made available by the maker of the film to be used together with that thing.

(2) In relation to a film—

(a) “visual images” is the visual images mentioned in subsection (1)(a);

(b) “sounds” is the sounds mentioned in subsection (1)(b); and

(c) a “sound-track” is—

(i) the thing or any part of the thing mentioned in subsection (1)(b)(i); or

(ii) the disc, tape or other device mentioned in subsection (1)(b)(ii).

(3) In this section, “thing” includes an article.

What is the making of a film

25. The making of a film is the doing of the things needed to produce the first copy of the film.

Who is the maker of a film

26. The maker of a film is the person who undertakes the arrangements needed to make the film.

Subdivision (8)—Broadcasts

What does it mean to broadcast (verb)

27. To “broadcast” means to broadcast by wireless telegraphy.

What is a broadcast (noun)

28. A “broadcast” is a television or sound broadcast.

What is a television broadcast

29. A “television broadcast” is the visual images that are broadcast by way of television, together with any sounds broadcast for reception along with those images.

What is a sound broadcast

30. A “sound broadcast” is any sounds broadcast except as part of a television broadcast.

Who is the maker of a broadcast

31. The maker of a broadcast is—

(a) the person who broadcasts the relevant visual images or sounds (or both); and

(b) in the case of direct broadcasting by satellite—the person who transmits the relevant visual images or sounds (or both) to the satellite transponder.

Where is a broadcast made

32. A broadcast is made at—

(a) the place from which the relevant visual images or sounds (or both) are broadcast; and

(b) in the case of direct broadcasting by satellite—the place from which the relevant visual images or sounds (or both) are transmitted to the satellite transponder.

When is a broadcast made

33. A broadcast is made at—

(a) the time when the relevant visual images or sounds (or both) are broadcast; and

(b) in the case of direct broadcasting by satellite—the time when the relevant visual images or sounds (or both) are transmitted to the satellite transponder.

Subdivision (9)—Cable programmes

What is a cable programme

34. A “cable programme” is a programme (including any item) that is included in a cable programme service.

What is a cable programme service

35.—(1) A “cable programme service”—

(a) is a service that consists wholly or mainly of the sending of visual images or sounds (or both) by any person—

(i) by means of a telecommunication system (whether run by that person or any other person); and

(ii) for reception—

(A) by any means other than wireless telegraphy, at 2 or more places in Singapore (either simultaneously, or at different times in response to requests made by different users of the service); or

(B) by any means, at a place in Singapore for the purpose of being played or shown there to members of the public or any group of persons; but

(b) does not include any service under paragraph (a) if and to the extent that that service is provided for a person providing another service under that paragraph.

(2) For the purposes of subsection (1)—

“information” means—

(a) speech, music and other sounds;

(b) visual images;

(c) signals serving for the impartation (whether as between persons and persons, things and things or persons and things) of any matter otherwise than in the form of visual images or sounds; or

(d) signals serving for the actuation or control of machinery or apparatus;

“telecommunication system”—

(a) means an electronic system for conveying information; and

(b) includes any apparatus that is—

(i) constructed or adapted to transmit or receive information that is to be or have been conveyed by means of a system mentioned in paragraph (a); and

(ii) situated in Singapore and—

(A) connected to but not comprised in a system mentioned in paragraph (a); or

(B) is connected to and comprised in a system mentioned in paragraph (a) that extends beyond Singapore.

(3) For the purposes of subsection (1), the person who controls the apparatus mentioned in paragraph (b) of the definition of “telecommunication system” in subsection (2) is regarded as running the relevant telecommunications system.

What is inclusion in a cable programme service

36. A programme is included in a cable programme service only if it is included in the service by the person providing the service.

Subdivision (10)—Qualifying performances and recordings of protected performances

What is a qualifying performance

37.—(1) A “qualifying performance” is—

(a) any of the following performances:

(i) a performance (including an improvisation and a performance that uses puppets) of a dramatic work or part of the dramatic work;

(ii) a performance (including an improvisation) of a musical work or part of the musical work;

(iii) the reading, recitation or delivery of a literary work or part of the literary work, or the recitation or delivery of an improvised literary work;

(iv) a performance of a dance;

(v) a performance of a circus act or a variety act or any similar presentation or show; but

(b) not any of the following performances:

(i) the performance of a musical work by the students or staff of an educational institution (whether on the premises of the institution or elsewhere) in the presence of an audience and in the course of the activities of the institution;

(ii) a reading, recital or delivery of any item of news and information;

(iii) a performance of a sporting activity;

(iv) a participation in a performance as a member of an audience;

(v) a performance in a National Day Parade in Singapore;

(vi) any prescribed performance.

(2) For the purposes of subsection (1), it does not matter whether a performance is given—

(a) before, on or after the appointed day; or

(b) in the presence of an audience or otherwise.

What is a recording of a protected performance

38.—(1) A “recording”, in relation to a protected performance, means a sound recording of the performance or a substantial part of the performance, and includes a copy of such a recording.

(2) To avoid doubt, Subdivision (6) applies to recordings of protected performances as it applies to other sound recordings.

Division 3—Acts relating to works and performances
Subdivision (1)—General

Act done in relation to work, etc., includes act done in relation to substantial part thereof

39.—(1) Doing an act in relation to a substantial part of a work is to be treated as doing an act in relation to the work.

(2) This section does not affect the interpretation of any reference in sections 110 and 145 to the publication, or absence of publication, of a work.

Act done in relation to protected performance, etc., includes act done in relation to substantial part thereof

40.—(1) Doing an act in relation to a substantial part of a protected performance is to be treated as doing an act in relation to the performance.

(2) Doing an act in relation to a recording of a substantial part of a protected performance is to be treated as doing an act in relation to a recording of the performance.

Subdivision (2)—Copying

What is a copy of an authorial work

41.—(1) A “copy” of an authorial work is a reproduction of the work in any material form.

(2) Without limiting subsection (1), an authorial work is reproduced in a material form if—

(a) it is stored—

(i) in a computer;

(ii) on any medium by electronic means; or

(iii) on any other medium from which the work, or a substantial part thereof, can be directly reproduced;

(b) it is reproduced in the form of a film;

(c) in the case of a literary, dramatic or musical work—it is reproduced in the form of a sound recording;

(d) in the case of an artistic work in a 2-dimensional form—a version of the work in a 3-dimensional form is produced;

(e) in the case of an artistic work in a 3-dimensional form—a version of the work in a 2-dimensional form is produced; or

(f) it is converted into or from a digital or other electronic machine-readable form (whether from or into a copy in the form of a film or sound recording, or otherwise).

(3) To avoid doubt, this section applies in relation to an adaptation of a literary, dramatic or musical work as it applies in relation to an authorial work.

What is a copy of a published edition of an authorial work

42. A “copy” of a published edition of an authorial work is a reproduction of the edition (whether made by a photographic process or otherwise) in any material form.

What is a reasonable portion when copying a published edition of a literary, dramatic or musical work

43.—(1) In the following cases, a copy of a literary, dramatic or musical work contained in a published edition of the work is taken to contain only a reasonable portion of the work for the purposes of this Act:

(a) where the edition has 10 or more pages—

(i) only 10% or less of the number of pages in the edition are copied in total; or

(ii) if the edition is divided into chapters—the pages copied are all from the same chapter;

(b) where the edition is an electronic edition and is not divided into pages—

(i) only 10% or less of the total number of bytes in the edition are copied in total;

(ii) only 10% or less of the total number of words in that edition are copied in total;

(iii) if it is not practicable to use the total number of words as a measure—only 10% or less of the contents of that edition are copied in total; or

(iv) if the edition is divided into chapters—the parts copied are all from the same chapter.

(2) To avoid doubt, this section applies in relation to an adaptation of a literary, dramatic or musical work as it applies in relation to a literary, dramatic or musical work.

(3) This section does not limit the meaning of “reasonable portion” in this Act.

What is a copy of a sound recording

44. A “copy” of a sound recording is a record—

(a) embodying a sound recording or a substantial part of a sound recording; and

(b) derived, directly or indirectly, from a record produced upon the making of a sound recording.

What is a copy of a film

45. A “copy” of a film is any article or thing in which the visual images or sounds comprising the film are embodied.

What is a copy of a television broadcast

46.—(1) A “copy” of a television broadcast is—

(a) insofar as the broadcast consists of visual images—a film of the broadcast, and includes a copy of such a film; and

(b) insofar as the broadcast consists of sounds—a sound recording of the broadcast, and includes a copy of such a recording.

(2) For the purposes of subsection (1), a film of a television broadcast includes—

(a) a film of any of the visual images comprised in the programme; and

(b) a photograph of any of those images.

What is a copy of a sound broadcast

47. A “copy” of a sound broadcast is a sound recording of the broadcast, and includes a copy of such a recording.

What is a copy of a cable programme

48.—(1) A “copy” of a cable programme is—

(a) insofar as the programme consists of visual images—a film of the programme, and includes a copy of such a film; and

(b) insofar as the programme consists of sounds—a sound recording of the programme, and includes a copy of such a recording.

(2) For the purposes of subsection (1), a film of a cable programme includes—

(a) a film of any of the visual images comprised in the programme; and

(b) a photograph of any of those images.

Copy of work includes copy of substantial part

49. A copy of a substantial part of a work is to be treated as a copy of the work.

Copy of work includes temporary or incidental copy

50.—(1) Making a copy of a work that is temporary or is incidental to some other use of the work is to be treated as making a copy of the work.

(2) To avoid doubt, this section applies in relation to an adaptation of a literary, dramatic or musical work as it applies in relation to an authorial work.

What is a copy of a recording of a protected performance

51. A “copy” of a recording of a protected performance is a record—

(a) embodying a recording of the performance or a substantial part of the performance; and

(b) derived, directly or indirectly, from a record produced upon the making of a recording of the performance or a substantial part of the performance.

Copy of recording of protected performance work includes temporary or incidental copy

52. Making a copy of a recording of a protected performance that is temporary or is incidental to some other use of the recording is to be treated as making a copy of the recording.

{{c|Subdivision (3)—Publishing}

What constitutes publication of an authorial work

53.—(1) Subject to subsection (2) and sections 58, 59 and 60, an authorial work is published only if copies of the work (or of an edition of the work) have been supplied to the public (whether by sale, over the Internet, or otherwise).

(2) The following acts are not to be treated as publishing an authorial work:

(a) despite section 39, supplying copies of a substantial part of the work to the public;

(b) performing a literary, dramatic or musical work;

(c) selling or otherwise supplying records of a literary, dramatic or musical work to the public;

(d) exhibiting an artistic work;

(e) constructing a building or a model of a building;

(f) selling or otherwise supplying photographs of a building, of a model of a building or of a sculpture to the public;

(g) selling or otherwise supplying engravings of a building, of a model of a building or of a sculpture to the public.

What constitutes publication of an edition of an authorial work

54.—(1) Subject to sections 58, 59 and 60, an edition of an authorial work is published only if copies of the edition have been supplied to the public (whether by sale, over the Internet, or otherwise).

(2) Section 39 does not apply to subsection (1).

What constitutes publication of a sound recording

55. Subject to sections 58, 59 and 60, a sound recording is published only if copies of the recording or a part of the recording have been supplied to the public (whether by sale, over the Internet, or otherwise).

What constitutes publication of a film

56. Subject to sections 58, 59 and 60, a film is published only if copies of the film have been supplied to the public (whether by sale, over the Internet, or otherwise).

What constitutes publication of a recording of a protected performance

57. Subject to sections 58, 59 and 60, a recording of a protected performance is published only if copies of the recording or a part of the recording have been supplied to the public (whether by sale, over the Internet, or otherwise).

Matters to be considered or ignored for publication, first publication, and publication before death

58.—(1) In this section, “relevant material” means—

(a) an authorial work;

(b) an edition of an authorial work;

(c) a sound recording;

(d) a film; or

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(e) a recording of a protected performance.

(2) If a publication of a relevant material is merely colourable and is not intended to satisfy the reasonable requirements of the public—

(a) the publication must be ignored for the purposes of this Act; but

(b) the publication may be considered to the extent that it may be a rights infringement or an infringement of a moral right under Division 1 or 2 of Part 7.

(3) A publication of a relevant material in Singapore or elsewhere is still the first publication if the publication and every earlier publication take place within a period of 30 days.

(4) An unauthorised act must be ignored in deciding—

(a) whether any relevant material is published;

(b) whether a publication of any relevant material is the first publication of that material; or

(c) whether any relevant material is published in the lifetime of a person.

(5) Subject to section 230(3) (publication of old works deemed to be authorised), an act is unauthorised for the purposes of subsection (4) only if—

(a) where the relevant material is a work—

(i) copyright subsists in the work and the act is not done by or with the licence of the copyright owner; or

(ii) copyright does not subsist in the work and the act is not done by or with the licence of—

(A) the author of the authorial work;

(B) the publisher of the edition;

(C) the maker of the sound recording or film; or

(D) any person lawfully claiming under the author, publisher or maker,

as the case may be; and

(b) where the relevant material is a recording of a protected performance—the act was not done with the authority of the rights owner of the performance.

(6) Subsections (4) and (5) do not affect—

(a) any provision of this Act relating to—

(i) the acts comprised in a copyright; or

(ii) acts constituting rights infringements; or

(b) Divisions 1 and 2 of Part 7 (moral rights).

Effect of acts done before appointed day

59.—(1) Sections 53, 54, 55, 56, 57 and 58 do not apply for the purposes of deciding—

(a) whether a work has been published by virtue of an act done before the appointed day;

(b) whether a publication of a work before the appointed day is the first publication of the work; or

(c) whether a work is, by virtue of an act done before the appointed day, published in the lifetime of a person.

(2) Despite the repeal of the 1987 Act, section 24 of that Act applies instead for those purposes (as modified, where applicable, by section 209 of that Act).

(3) In this section, “work” means an authorial work, an edition of an authorial work, a sound recording or a film.

Specific acts that do not constitute publication

60.—(1) The following provisions provide that certain acts in certain circumstances are not to be treated as publication:

(a) section 223(4) (publicising public exhibition);

(b) section 225(3) (making public collection available on network of public collection);

(c) section 226(3) (copying or communicating material for users of public collection);

(d) section 227(3) (copying originals for use on premises of public collection);

(e) section 228(3) (copying or communicating unpublished thesis in university library or archive);

(f) section 229(3) (copying or communicating unpublished old material in public collection);

(g) section 233(3) (copying or communicating material for administrative purposes of public collection);

(h) section 244(4) (copying for computational data analysis);

(i) section 278(3) (copying or communicating material in public registers);

(j) section 281(3) (copying or communicating publicly disclosed material);

(k) section 283(3) (data sharing within public sector);

(l) section 287 (public act).

(2) To avoid doubt, the provisions mentioned in subsection (1) do not limit section 53(2).

Subdivision (4)—Communicating

What does communicate mean

61.—(1) “Communicate”, in relation to a work or performance, means to transmit the work or performance by electronic means, and includes—

(a) broadcasting the work or performance;

(b) the inclusion of the work or performance in a cable programme; and

(c) making the work or performance available (on a network or otherwise) in way that it may be accessed by any person on demand.

(2) For the purposes of subsection (1), it does not matter—

(a) whether the transmission is over a path or a combination of paths;

(b) whether the path or paths are provided by a material substance or by wireless means or otherwise; and

(c) whether the work or performance is sent in response to a request.

(3) “Communication” has a corresponding meaning.

What does accessibility on demand mean

62. A person may access a thing “on demand” if the person may access the thing from a place and at a time chosen by the person.

Who is the maker of a communication

63. The maker of a communication (other than a broadcast) is the person responsible for deciding the content of the communication when the communication is made.

Subdivision (5)—Broadcasting, etc.

What is doing an act by the reception of a broadcast

64.—(1) To do an act by the reception of a broadcast is to do that act by receiving a broadcast from—

(a) the transmission by which the broadcast is made; or

(b) a transmission that is—

(i) made otherwise than by broadcasting; and

(ii) made simultaneously with the transmission by which the broadcast is made.

(2) For the purposes of subsection (1), it does not matter whether the broadcast is received directly from the transmission concerned or from a re-transmission made by any person from any place.

(3) In subsection (2), “re-transmission”—

(a) means any re-transmission (whether over paths provided by a material substance or not); and

(b) includes a re-transmission made by making use of any article or thing in which the visual images or sounds constituting the broadcast (or both) have been embodied.

What is a re-transmission of a broadcast

65.—(1) “Re-transmission”, in relation to a broadcast, means a re-transmission of the broadcast without altering its contents.

(2) For the purposes of subsection (1), it does not matter—

(a) whether the re-transmission is simultaneous with the original transmission; and

(b) whether the technique used to make the re-transmission is the same as that used for the original transmission.

When is a copy of a sound recording or a film used in a broadcast

66.—(1) This section applies where—

(a) a copy of a sound recording or a film is used for the purpose of making a broadcast (called in this section the primary broadcast); and

(b) a person makes a further broadcast (called in this section the secondary broadcast) by receiving and simultaneously further transmitting—

(i) the transmission by which the primary broadcast is made; or

(ii) a transmission that is—

(A) made otherwise than by broadcasting; and

(B) made simultaneously with the transmission by which the primary broadcast is made.

(2) The person making the secondary broadcast is deemed not to have used the copy for the purpose of making that broadcast.

Subdivision (6)—Performing

What does a performance of an authorial work include

67.—(1) A “performance” of an authorial work—

(a) includes—

(i) any mode of visual or aural presentation of the authorial work, whether the presentation is by—

(A) the use of any receiving apparatus;

(B) the exhibition of a film;

(C) the use of a record; or

(D) any other means; and

(ii) the delivery of the authorial work by way of a lecture, an address, a speech or a sermon; but

(b) does not include the communication of a work to the public.

(2) “Perform”, in relation to an authorial work, has a corresponding meaning.

(3) To avoid doubt, this section applies in relation to an adaptation of a literary, dramatic or musical work as it applies in relation to an authorial work.

Performance by operating receiving apparatus

68.—(1) This section applies where—

(a) any device or equipment is operated to communicate, directly or indirectly, visual images or sounds to a receiving apparatus; and

(b) those images are displayed, or those sounds are emitted, by the receiving apparatus.

(2) The operation of the device or equipment is not a performance.

(3) Insofar as the display of those images or the emission of those sounds is a performance of an authorial work, the performance is deemed to be given—

(a) by the operation of the receiving apparatus; and

(b) by the occupier of the premises where the receiving apparatus is situated—

(i) whether or not the occupier operated the receiving apparatus; but

(ii) only if the receiving apparatus is provided by or with the consent of the occupier.

Performance by operating apparatus for reproducing sounds

69.—(1) This section applies where—

(a) an authorial work is performed by operating any apparatus for reproducing sounds by using a record; and

(b) the apparatus is provided by or with the consent of the occupier of the premises where the apparatus is situated.

(2) The occupier is deemed to be the person giving the performance (whether or not the occupier operated the apparatus).

(3) To avoid doubt, this section applies in relation to an adaptation of a literary, dramatic or musical work as it applies in relation to an authorial work.

Subdivision (7)—Causing visual images to be seen or sounds to be heard

Communication not included

70. The communication of a work to the public is not to be treated as causing visual images to be seen or sounds to be heard.

Causing by operating receiving apparatus

71.—(1) This section applies where—

(a) any device or equipment is operated to communicate, directly or indirectly, visual images or sounds to a receiving apparatus; and

(b) those images are displayed, or those sounds are emitted, by a receiving apparatus.

(2) The operation of the device or equipment is not to be treated as causing those images to be seen or those sounds to be heard.

(3) Insofar as the display of those images causes those images to be seen, those images are deemed to be caused to be seen—

(a) by the operation of the receiving apparatus; and

(b) by the occupier of the premises where the receiving apparatus is situated—

(i) whether or not the occupier operated the receiving apparatus; but

(ii) only if the receiving apparatus is provided by or with the consent of the occupier.

(4) Insofar as the emission of those sounds causes those sounds to be heard, those sounds are deemed to be caused to be heard—

(a) by the operation of the receiving apparatus; and

(b) by the occupier of the premises where the receiving apparatus is situated—

(i) whether or not the occupier operated the receiving apparatus; but

(ii) only if the receiving apparatus is provided by or with the consent of the occupier.

Causing by operating apparatus for reproducing sounds

72.—(1) This section applies where—

(a) sounds are caused to be heard by operating any apparatus for reproducing sounds by using a record; and

(b) the apparatus is provided by or with the consent of the occupier of the premises where the apparatus is situated.

(2) The occupier is deemed to be the person causing those sounds to be heard (whether or not the occupier operated the apparatus).

Subdivision (8)—Commercial acts

What is a commercial dealing in a thing

73.—(1) A person deals commercially in a thing commercially if the person—

(a) sells the thing;

(b) lets the thing for hire;

(c) by way of trade, offers or exposes the thing for sale or hire;

(d) distributes the thing for the purpose of trade; or

(e) by way of trade, exhibits the thing in public.

(2) “Commercial dealing” has a corresponding meaning.

(3) In this section, “thing” includes an article.

What does it mean to do an act for commercial advantage

74. A person does an act to obtain a “commercial advantage” if and only if the act is done to obtain a direct advantage, direct benefit or direct financial gain for a business or trade carried on by the person.

What is a commercial rental arrangement relating to a computer program or sound recording

75.—(1) Subject to subsection (2), a “commercial rental arrangement”, in relation to a computer program or sound recording, is an arrangement with the following features:

(a) under the arrangement, a copy of the program or recording is made available by a person on terms that it must or may be returned to the person;

(b) the arrangement is made in the course of business;

(c) the arrangement provides for the copy to be made available—

(i) for payment in money or money’s worth; or

(ii) as part of the provision of a service in return for payment in money or money’s worth.

(2) An arrangement is not a commercial rental arrangement if—

(a) it is for the lending of a copy of a computer program or sound recording; and

(b) the amount payable under it is intended to be no more than—

(i) the amount necessary to recover the costs, including overheads, of the arrangement; or

(ii) a deposit to secure the return of the copy.

(3) In deciding whether an arrangement is a commercial rental arrangement, it is the substance and not the form of the arrangement that matters.

Who is a paying audience for a television broadcast or cable programme

76.—(1) A person (X) is a “paying audience” in relation to a television broadcast or cable programme if—

(a) subject to subsection (2), X pays to be admitted to—

(i) a place where the broadcast or programme is to be seen or heard; or

(ii) a place that contains the place where the broadcast or programme is to be seen or heard; or

(b) X is admitted to a place where the broadcast or programme is to be seen or heard, in circumstances where the place supplies goods or services at prices that—

(i) exceed the usual prices charged at that place; and

(ii) are partly attributable to the facilities for seeing or hearing the broadcast or programme.

(2) Subsection (1)(a) does not apply if—

(a) X is admitted to the place in question because X is a resident or an inmate; or

(b) X is admitted to the place in question as a member of a club or society, where—

(i) payment is only for membership of the club or society; and

(ii) the provision of facilities for seeing or hearing television broadcasts or cable programmes is only incidental to the main purposes of the club or society.

Division 4—Relevant persons and organisations
Subdivision (1)—Qualified individuals and persons

Who is a qualified individual

77. An individual is a “qualified individual” if he or she is—

(a) a Singapore citizen;

(b) a Singapore resident; or

(c) an individual who, if he or she had been alive on 1 November 1957, would have qualified for Singapore citizenship under the repealed Singapore Citizenship Ordinance 1957 (Ord. 35 of 1957).

Who is a qualified person

78. A person is a “qualified person” if the person is—

(a) a qualified individual; or

(b) a body corporate incorporated in Singapore under any written law.

Who is a Singapore resident

79. An individual is a “Singapore resident” if he or she is—

(a) resident in Singapore; or

(b) residing in Singapore under a valid pass lawfully issued to him or her under the Immigration Act to enter and remain in Singapore for any purpose other than a temporary purpose.

Country of residence not affected by temporary absence

80. A person who, at a given period of time, is ordinarily resident in a country (including Singapore) but is temporarily absent from that country at any time during that period is to be treated as if he or she is resident in that country throughout that period.

Subdivision (2)—International organisations

What is a prescribed international organisation

81.—(1) Regulations may prescribe international organisations for the purposes of this Act.

(2) A “prescribed international organisation” is an international organisation prescribed under subsection (1) and includes—

(a) an organ of, or office within, the organisation; and

(b) a commission, council or other body established by the organisation or organ.

(3) In this section, “international organisation” means an organisation—

(a) of which 2 or more countries, or the governments of 2 or more countries, are members; or

(b) that is constituted by persons representing—

(i) 2 or more countries; or

(ii) the governments of 2 or more countries.

Legal capacity of prescribed international organisation

82.—(1) A prescribed international organisation has, and is deemed to have had at all material times, the legal capacity of a body corporate for the purposes of—

(a) holding, dealing with and enforcing copyright; and

(b) all legal proceedings relating to copyright.

(2) This section does not limit any legal capacity that a prescribed international organisation has under any other written law.

Subdivision (3)—Educational institutions

What is an educational institution

83. An “educational institution” is any of the following institutions or undertakings, but only if they are non-profit:

(a) an institution at which education is provided to children under 7 years of age;

(b) a school or similar institution at which one or more of the following is provided:

(i) full-time primary education;

(ii) full-time secondary education;

(iii) full-time pre-university education;

(iv) any other full-time education as may be prescribed;

(c) a junior college, university, college of advanced education or technical and further education institution;

(d) an institution that conducts courses of primary, secondary, pre-university or tertiary education by correspondence or on an external study basis;

(e) a school of nursing;

(f) an undertaking within a hospital, being an undertaking that conducts courses of study or training in—

(i) providing medical services; or

(ii) providing services incidental to the provision of medical services;

(g) a teacher education centre;

(h) an institution whose main function is to provide courses of study or training for the purpose of—

(i) general education;

(ii) preparing persons for a particular occupation or profession; or

(iii) the continuing education of persons engaged in a particular occupation or profession;

(i) any prescribed institution at which education is provided;

(j) an undertaking, within a body administering an educational institution mentioned in paragraphs (a) to (i), whose main functions include providing teacher training for instructors in any educational institution mentioned in paragraphs (a) to (i);

(k) an institution, or an undertaking within a body administering an educational institution mentioned in paragraphs (a) to (j), whose main functions include providing materials to any educational institution mentioned in paragraphs (a) to (j) for the purpose of assisting that institution in its teaching purposes.

What is the body administering an educational institution

84. The “body administering an educational institution” is—

(a) if the institution is a body corporate—the institution; or

(b) in any other case—the body or person (including the Government) having ultimate responsibility for administering the institution.

Subdivision (4)—Persons with print disabilities

Who is a person with a print disability

85. A person is a “person with a print disability” if he or she—

(a) is blind;

(b) has severely impaired sight;

(c) is unable to hold or manipulate books;

(d) is unable to focus or move his or her eyes; or

(e) has a perceptual handicap.

What is an institution aiding persons with print disabilities

86. An “institution aiding persons with print disabilities” is an institution—

(a) whose main functions include providing relevant material to persons with print disabilities;

(b) that is formed, incorporated or established in Singapore; and

(c) that is prescribed as an institution aiding persons with print disabilities.

What is the body administering an institution aiding persons with print disabilities

87. The “body administering an institution aiding persons with print disabilities” is—

(a) in a case where the institution is a body corporate—the institution; or

(b) in any other case—the body or person (including the Government) having ultimate responsibility for administering the institution.

What is a foreign institution aiding persons with print disabilities

88. A “foreign institution aiding persons with print disabilities” is an institution—

(a) whose main functions include providing relevant materials to persons with print disabilities; and

(b) that is formed, incorporated or established outside Singapore.

Subdivision (5)—Persons with intellectual disabilities

What is an institution aiding persons with intellectual disabilities

89. An “institution aiding persons with intellectual disabilities” is any educational institution or non-profit organisation—

(a) whose main functions include aiding persons with intellectual disabilities; and

(b) that is prescribed as an institution aiding persons with intellectual disabilities.

What is the body administering an institution aiding persons with intellectual disabilities

90. The “body administering an institution aiding persons with intellectual disabilities” is—

(a) in a case where the institution is a body corporate—the institution; or

(b) in any other case—the body or person (including the Government) having ultimate responsibility for administering the institution.

Subdivision (6)—Public collections: galleries, libraries, archives and museums

What is a public collection

91. A “public collection” is—

(a) the National Archives;

(b) the collections of the National Heritage Board prescribed to be public collections by the Minister charged with the responsibility for the Board;

(c) the permanent collection of a library; or

(d) an archive.

What is an archive

92. An “archive” is any collection of materials (including documents and objects) of historical significance or public interest that is—

(a) in the permanent custody of a corporate or an unincorporated body;

(b) maintained by that body for the purpose of conservation or preservation; and

(c) not run for profit by that body.

Illustration

Museums and galleries are examples of bodies that could have custody of archives.

What is the custodian of a public collection

93. A “custodian” is—

(a) in relation to the National Archives—the National Library Board;

(b) in relation to the prescribed collections of the National Heritage Board—the National Heritage Board or a body prescribed by the Minister charged with the responsibility for the Board;

(c) in relation to the permanent collection of a library—the body or person (including the Government) having ultimate responsibility for the administration of the library; and

(d) in relation to an archive—the body or person (including the Government) having ultimate responsibility for the administration of the archive.

Who is an authorised officer of a public collection

94. An “authorised officer”, in relation to a public collection, means an authorised officer of the custodian of the public collection.

When is a library run for profit

95. A library is not taken to be for-profit just because it is owned by a person carrying on business for profit.

Division 5—Rights and rights infringements
Subdivision (1)—Common provisions

Who is a rights owner

96. A “rights owner” is—

(a) in relation to a copyright work—the owner of the copyright; and

(b) in relation to a protected performance—the person who is entitled to bring an action for an infringing use of the performance.

What is a rights infringement

97. A “rights infringement” is—

(a) an infringement of copyright; or

(b) an infringing use of a protected performance.

What is an infringing copy of a copyright work or protected performance

98.—(1) An “infringing copy”—

(a) in relation to a copyright work, is a copy of the work that is—

(i) made in Singapore on or after the appointed day in circumstances that constitute an infringement of copyright in the work under this Act;

(ii) made in Singapore before the appointed day in circumstances that constitute an infringement of copyright in the work under the 1911 Act or the 1987 Act, as the case may be; or

(iii) made outside Singapore without the consent of the copyright owner and imported without the licence of the copyright owner (whether the making or importation happened before, on or after the appointed day); and

(b) in relation to a protected performance, is a recording of the performance that is—

(i) made in Singapore on or after the appointed day in circumstances that constitute an infringing use of the performance under this Act;

(ii) made in Singapore before the appointed day in circumstances that constitute an unauthorised use of the performance under the 1987 Act; or

(iii) made outside Singapore and imported without the consent of the rights owner of the performance (whether the making or importation happened before, on or after the appointed day).

(2) In subsection (1)(a), “copy”, in relation to an authorial work, means a copy of the work or of an adaptation of the work, but not a copy of a film of the work or adaptation.

What is a flagrantly infringing online location

99.—(1) A “flagrantly infringing online location” is an online location that has been or is being used to flagrantly commit or facilitate rights infringements.

(2) In deciding whether an online location is a flagrantly infringing online location, the following matters must be considered and the appropriate weight must be given to them:

(a) whether the primary purpose of the online location is to commit or facilitate rights infringements;

(b) whether the online location makes available or contains directories, indexes or categories of the means to commit or facilitate rights infringements;

(c) whether the owner or operator of the online location demonstrates a general disregard for copyright or the protection of performances;

(d) whether access to the online location has been disabled by orders from any court of another country or territory on the ground of or related to rights infringements;

(e) whether the online location contains guides or instructions to circumvent measures, or any order of any court, that disable access to the online location on the ground of or related to rights infringements;

(f) the volume of traffic at or frequency of access to the online location;

(g) any other relevant matters.

Subdivision (2)—Provisions relating to copyright works

What are acts comprised in a copyright

100. An act comprised in a copyright is any act that, under this Act, the owner of the copyright has the exclusive right to do.

What does it mean to do an act with or without the licence of copyright owner

101. An act is done with or without the licence of a copyright owner if it is done or not done under a licence that is binding on the copyright owner.

If there are 2 or more copyright owners for a work, which owner is relevant

102.—(1) This section applies where (whether because of an assignment limited in accordance with section 139 or otherwise) there are 2 or more different persons who are owners (or prospective owners) of a copyright in respect of its application to—

(a) the doing of different acts or classes of acts; or

(b) the doing of one or more acts or classes of acts in different countries or at different times.

(2) The relevant copyright owner (or prospective copyright owner) for any purpose under this Act is the owner (or prospective owner) of the copyright in relation to—

(a) the doing of the act or class of acts relevant for that purpose; and

(b) where applicable, the doing of that act or those acts at the time or in the country relevant for that purpose.

(3) Without limiting subsection (2)—

(a) where this Act refers to importing an article without the licence of a copyright owner, the relevant copyright owner is the owner of the copyright in relation to the making of that type of article in the country into which the article is imported; and

(b) where this Act refers to selling or otherwise dealing with an article without the licence of a copyright owner, the relevant copyright owner is the owner of the copyright in relation to the making of that type of article in the country where the article is sold or otherwise dealt with.

(4) Where this Act refers to an imported article that is made without the consent of a copyright owner—

(a) the relevant copyright owner is—

(i) the owner of the copyright in relation to the making of that type of article in the country where the imported article is made; or

(ii) if there is no person falling under sub-paragraph (i), the owner of the copyright in relation to the making of that type of article in Singapore; and

(b) the article is deemed to be made with the relevant copyright owner’s consent if it is made with the owner’s licence (other than a compulsory licence), ignoring for this purpose any condition as to the sale, distribution or other dealings in the article after its making.

What is an exclusive licence

103.—(1) An “exclusive licence”, in relation to a copyright, is a licence—

(a) granted by the owner or prospective owner of the copyright; and

(b) authorising the licensee, to the exclusion of any other person, to do an act that, by virtue of this Act, the owner of the copyright would, but for the licence, have the exclusive right to do.

(2) “Exclusive licensee” has a corresponding meaning.

Subdivision (3)—Provisions relating to protected performances

If there are 2 or more rights owners for a protected performance, whose authority is relevant

104. If a performance has 2 or more rights owners—

(a) a reference in this Act to the doing of an act in relation to the performance (or a recording of the performance) with the rights owner’s authority is a reference to the doing of the act with the authority of every rights owner; and

(b) a reference in this Act to the doing of an act in relation to the performance (or a recording of the performance) without the rights owner’s authority is a reference to the doing of the act without the authority of every rights owner.

Division 6—Miscellaneous

When is a visual image or sound embodied in an article or a thing

105. A visual image or sound is embodied in an article or a thing if the article or thing has been treated so that the visual image or sound can be reproduced from the article or thing, either with or without the aid of a separate device.