Copyright Act 2021/Part 3

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PART 3
COPYRIGHT IN WORKS
Division 1—General

Copyright subsists only by virtue of this Act

106. Subject to section 5(1), copyright subsists only by virtue of this Act.

Copyrights to subsist independently

107.—(1) The subsistence or otherwise of copyright under any provision of this Part does not affect the subsistence or otherwise of copyright under any other provision of this Part.

(2) Without limiting subsection (1), the subsistence or otherwise of copyright in an authorial work does not affect the subsistence or otherwise of copyright in another work derived wholly or partly from the authorial work.

Nature of copyright

108.—(1) Where a copyright owner has the exclusive right to do an act—

(a) the right is a right to exclude others from doing that act (or authorising the doing of that act) without the authorisation of the copyright owner; and

(b) it is declared that the right is not a positive right of the copyright owner to do that act.

(2) To avoid doubt, where a copyright owner has the right to be paid equitable remuneration for the doing of an act, the right is not a positive right of the copyright owner to do that act.

Division 2—Authorial works

Conditions for copyright to subsist in unpublished authorial works

109.—(1) Subject to the provisions of this Act, copyright subsists in an unpublished authorial work if—

(a) the work is original; and

(b) one of the following applies:

(i) the author is a qualified individual when the work is made;

(ii) if the work is made over a period—the author is a qualified individual for a substantial part of that period;

(iii) the work is made—

(A) by or under the direction or control of the Government; or

(B) on or after 10 April 1987 by or under the direction or control of a prescribed international organisation.

(2) In this section, “author”, in relation to a work of joint authorship, means any of the joint authors.

Conditions for copyright to subsist in published authorial works

110.—(1) Subject to the provisions of this Act, where an authorial work is published and copyright subsists in the work immediately before its first publication by virtue of section 109—

(a) copyright continues to subsist in the work if and only if—

(i) the author of the work—

(A) is a qualified individual when the work is first published; or

(B) dies before the work is first published but is a qualified individual immediately before his or her death; or

(ii) the work is first published—

(A) in Singapore;

(B) by or under the direction or control of the Government; or

(C) on or after 10 April 1987 by or under the direction or control of a prescribed international organisation; and

(b) otherwise, the copyright expires.

(2) Subject to the provisions of this Act, where an authorial work is published and there is no copyright in the work immediately before its first publication, copyright subsists in the work if and only if—

(a) the work is original; and

(b) one of the following applies:

(i) the author of the work—

(A) is a qualified individual when the work is first published; or

(B) dies before the work is first published but is a qualified individual immediately before his or her death;

(ii) the work is first published—

(A) in Singapore;

(B) by or under the direction or control of the Government; or

(C) on or after 10 April 1987 by or under the direction or control of a prescribed international organisation.

(3) In this section, “author”, in relation to a work of joint authorship, means any of the joint authors.

Conditions for copyright to subsist in buildings

111.—(1) Subject to the provisions of this Act, copyright subsists in an original artistic work—

(a) that is a building in Singapore; or

(b) that is attached to, or part of, a building in Singapore.

(2) This section does not apply to or in relation to a building if the construction of the building was completed before 10 April 1987.

Nature of copyright in literary, dramatic and musical works

112.—(1) For the purposes of this Act, unless the contrary intention appears, copyright in a literary, dramatic or musical work is the exclusive right to do all or any of the following acts:

(a) to make a copy of the work;

(b) to publish the work if the work is unpublished;

(c) to perform the work in public;

(d) to communicate the work to the public;

(e) to make an adaptation of the work;

(f) to do, in relation to an adaptation of the work, any of the acts specified in paragraphs (a) to (e);

(g) in the case of a computer program—to enter into a commercial rental arrangement the essential object of which is the rental of the program.

(2) If a computer program is embodied in a machine or device and cannot be copied through the ordinary use of the machine or a device, subsection (1)(g) does not extend to entering into a commercial rental arrangement in respect of the machine or device.

(3) In subsection (2), “device” does not include—

(a) a floppy disc;

(b) a CD-ROM;

(c) an integrated circuit; or

(d) any other device that is ordinarily used to store computer programs.

Nature of copyright in artistic works

113. For the purposes of this Act, unless the contrary intention appears, copyright in an artistic work is the exclusive right to do all or any of the following acts:

(a) to make a copy of the work;

(b) to publish the work if it is unpublished;

(c) to communicate the work to the public.

Duration of copyright in authorial works

114.—(1) Where an authorial work is first published within 50 years after the end of the year in which the work is made, any copyright in the work expires—

(a) if the author is identified within 70 years after the end of the year in which the work is first published—70 years after the end of the year in which the author dies; and

(b) if not—70 years after the end of the year in which the work is first published.

(2) Where an authorial work is first published more than 50 years after the end of the year in which the work is made, but is made available to the public other than by publication within those 50 years, any copyright in the work expires—

(a) if the author is identified within 70 years after the end of the year in which the work is first made available to the public—70 years after the end of the year in which the author dies; and

(b) if not—70 years after the end of the year in which the work is first made available to the public.

(3) In any other case, any copyright in an authorial work expires—

(a) if the author of the work is identified within 70 years after the end of the year in which the work is made—70 years after the end of the year in which the author dies; and

(b) if not—70 years after the end of the year in which the work is made.

(4) This section is subject to section 110(1)(b) (expiration of copyright upon publication).

Duration of copyright in authorial works—transitional provision for certain works published before 31 December 2022

115.—(1) Despite section 114, any copyright in an authorial work expires 70 years after the end of the year in which the work is first made available to the public if—

(a) the work is a literary, dramatic or musical work or an engraving;

(b) the author is identified on or before 31 December 2022;

(c) the author died before the appointed day; and

(d) the work is first made available to the public—

(i) after the death of the author; and

(ii) on or before 31 December 2022.

(2) Despite section 114, any copyright in an authorial work expires 70 years after the end of the year in which the work is first published in any of the following circumstances:

(a) the work—

(i) is first published on or before 31 December 2022; and

(ii) has no identified author on or before that date;

(b) the work is—

(i) a photograph; and

(ii) first published on or before 31 December 2022;

(c) the work is—

(i) a literary, dramatic or musical work or an engraving; and

(ii) made or first published on or before 31 December 2022 by or under the direction or control of the Government.

(3) Despite section 114, any copyright in an artistic work (other than an engraving) expires 70 years after the end of the year in which the work is made if the work is made by or under the direction or control of the Government before the appointed day.

(4) This section is subject to section 110(1)(b) (expiration of copyright upon publication).

Interpretation of sections 114 and 115—making available to public; application to works of joint authorship

116.—(1) This section applies for the purposes of sections 114 and 115.

(2) Subject to subsection (3), an authorial work is made available to the public in the following circumstances (but without limiting the expression “made available to the public”):

(a) the work (or, in the case of a literary, dramatic or musical work, an adaptation of the work) is—

(i) performed in public;

(ii) communicated to the public; or

(iii) published;

(b) if the work is an artistic work—the work is exhibited in public;

(c) if the work is an artistic work included in a film—the visual images of the film are seen in public;

(d) if the work is a building—the building is constructed;

(e) records of the work (or, in the case of a literary, dramatic or musical work, of an adaptation of the work) are—

(i) offered to the public (whether or not for sale); or

(ii) exposed for sale to the public.

(3) An unauthorised act (as defined by section 58(5)) must be ignored in deciding whether an authorial work is made available to the public.

(4) In the case of a work of joint authorship—

(a) the work has an identified author if any of the joint authors are identified; and

(b) a reference to the death of the author is a reference to the death of the last surviving identified author.

Illustration

An authorial work is jointly made in 2021 by A1 and A2. A1 is identified, A2 is not. A1 dies in 2050. The work is not made available to the public at any time before the end of 2071. By virtue of section 114(3)(a) read with section 116(4), any copyright in the work expires in 2120.

Division 3—Published editions of authorial works

Conditions for copyright to subsist in published editions of authorial works

117.—(1) Subject to the provisions of this Act, copyright subsists in a published edition of an authorial work if—

(a) the person who first published the edition is a qualified person at the date when the edition is first published; or

(b) the edition is first published—

(i) in Singapore;

(ii) by or under the direction or control of the Government; or

(iii) by or under the direction or control of a prescribed international organisation.

(2) Subsection (1) does not apply to an edition of an authorial work that—

(a) reproduces a previous edition of the same work; or

(b) was first published before 10 April 1987.

Nature of copyright in published editions of authorial works

118. For the purposes of this Act, unless the contrary intention appears, copyright in a published edition of an authorial work is the exclusive right to make a copy of that edition.

Duration of copyright in published editions of authorial works

119. Any copyright in a published edition of an authorial work expires 25 years after the end of the year in which the edition is first published.

Division 4—Sound recordings

Conditions for copyright to subsist in sound recordings

120. Subject to the provisions of this Act, copyright subsists in a sound recording if—

(a) the maker of the recording is a qualified person when the recording is made; or

(b) the recording is made or first published—

(i) in Singapore;

(ii) by or under the direction or control of the Government; or

(iii) on or after 10 April 1987 by or under the direction or control of a prescribed international organisation.

Nature of copyright in sound recordings

121. For the purposes of this Act, unless the contrary intention appears, copyright in a sound recording is—

(a) the exclusive right to do all or any of the following acts:

(i) to make a copy of the recording;

(ii) to enter into a commercial rental arrangement in respect of the recording;

(iii) to publish the recording if it is unpublished;

(iv) to communicate the recording to the public; and

(b) if the recording has been published for commercial purposes and a person (X) causes the sounds embodied in the recording to be heard in public, the right to be paid equitable remuneration of an amount—

(i) agreed between the copyright owner and X; or

(ii) in default of agreement, decided by a Copyright Tribunal.

Duration of copyright in sound recordings

122.—(1) Subject to subsections (2) and (3), any copyright in a sound recording expires—

(a) if the recording is first published within 50 years after the end of the year in which the recording is made—70 years after the end of the year in which the recording is first published; and

(b) in any other case—70 years after the end of the year in which the recording is made.

(2) If a sound recording is first published on or before 31 December 2022, any copyright in the recording expires 70 years after the end of the year in which the recording is first published.

(3) If the making of a sound recording was completed before 10 April 1987—

(a) this section does not apply to the recording; and

(b) section 522 applies instead.

Division 5—Films

Conditions for copyright to subsist in films

123.—(1) Subject to the provisions of this Act, copyright subsists in a film if—

(a) the maker of the film is a qualified person for the whole or a substantial part of the period during which the film is made; or

(b) the film is made or first published—

(i) in Singapore;

(ii) by or under the direction or control of the Government; or

(iii) on or after 10 April 1987 by or under the direction or control of a prescribed international organisation.

(2) This section does not apply to a film if the making of the film was completed before 10 April 1987.

Nature of copyright in films

124. For the purposes of this Act, unless the contrary intention appears, copyright in a film is the exclusive right to do all or any of the following acts:

(a) to make a copy of the film;

(b) to cause the visual images of the film to be seen in public;

(c) to cause any sounds of the film to be heard in public;

(d) to communicate the film to the public.

Duration of copyright in films

125.—(1) Subject to subsection (2), any copyright in a film expires—

(a) if the film is first published within 50 years after the end of the year in which the film is made—70 years after the end of the year in which the film is first published;

(b) if the film is first published more than 50 years after the end of the year in which the film is made, but is made available to the public other than by publication within those 50 years—70 years after the end of the year in which the film is first made available to the public; and

(c) in any other case—70 years after the end of the year in which the film is made.

(2) If a film is first published on or before 31 December 2022, any copyright in the film expires 70 years after the end of the year in which the film is first published.

(3) For the purposes of this section—

(a) subject to paragraph (b), a film is made available to the public in the following circumstances (but without limiting the expression “made available to the public”):

(i) the film is communicated to the public;

(ii) the visual images of the film are seen in public;

(iii) any sounds of the film are heard in public;

(iv) the film is published; and

(b) an unauthorised act (as defined by section 58(5)) must be ignored in deciding whether a film is made available to the public.

Division 6—Broadcasts

Conditions for copyright to subsist in broadcasts

126.—(1) Subject to the provisions of this Act, copyright subsists in a broadcast if the broadcast is made from a place in Singapore by the holder of a broadcasting licence.

(2) This section does not apply to—

(a) a broadcast made before 10 April 1987; and

(b) a broadcast made after that date that is a repetition of a broadcast made before that date.

Nature of copyright in broadcasts

127. For the purposes of this Act, unless the contrary intention appears, copyright in a broadcast is the exclusive right to do all or any of the following acts:

(a) to make a copy of the broadcast;

(b) to communicate the broadcast to the public (whether by rebroadcasting it or otherwise);

(c) in the case of a television broadcast—

(i) to cause it, insofar as it consists of visual images, to be seen in public by a paying audience; or

(ii) to cause it, insofar as it consists of sounds, to be heard in public by a paying audience.

Duration of copyright in broadcasts

128. Subject to section 129, any copyright in a broadcast expires 50 years after the end of the year in which the broadcast is made.

Duration of copyright in repeat broadcasts

129.—(1) This section applies to a broadcast (called in this section a repeat broadcast) that—

(a) repeats (whether for the first time or otherwise) an earlier broadcast (called in this section the original broadcast) that is made from a place in Singapore by the holder of a broadcasting licence; and

(b) is made by broadcasting visual images or sounds embodied in any article or thing.

(2) If a repeat broadcast is made within 50 years after the end of the year in which the original broadcast is made, any copyright in the repeat broadcast expires at the end of those 50 years.

(3) If a repeat broadcast is not made within 50 years after the end of the year in which the original broadcast is made, there is no copyright in the repeat broadcast.

Division 7—Cable programmes

Conditions for copyright to subsist in cable programmes

130.—(1) Subject to the provisions of this Act, copyright subsists in a cable programme if the programme is included in a cable programme service that is provided by a qualified person in Singapore.

(2) Subsection (1) does not apply to a cable programme that is included in a cable programme service—

(a) by the reception and immediate re-transmission of a broadcast; or

(b) before 10 April 1987.

Nature of copyright in cable programmes

131.—(1) For the purposes of this Act, unless the contrary intention appears, copyright in a cable programme is the exclusive right to do all or any of the following acts:

(a) to make a copy of the programme;

(b) to communicate the programme to the public;

(c) to cause the programme—

(i) insofar as it consists of visual images—to be seen in public by a paying audience; or

(ii) insofar as it consists of sounds—to be heard in public by a paying audience.

(2) An act in subsection (1) may be done by—

(a) the reception of a cable programme; or

(b) using any record, print, negative, tape or other article on which a cable programme has been recorded.

(3) To the extent that a cable programme consists of visual images—

(a) any copyright in the programme extends to any sequence of those images that is sufficient to be seen as a moving picture; and

(b) to show an infringement of any copyright in the programme, it is not necessary to prove that the act in question extends beyond any sequence that is so sufficient.

Duration of copyright in cable programmes

132. Any copyright in a cable programme expires 50 years after the end of the year in which the cable programme is first included in the cable programme service.

Division 8—Ownership and transactions

First owner—maker of work, etc., is default first owner

133.—(1) Subject to the provisions of this Act, the first owner of copyright in a work is—

(a) in the case of an authorial work—subject to subsection (2), the author;

(b) in the case of a published edition of an authorial work—the publisher;

(c) in the case of a sound recording—the maker of the recording;

(d) in the case of a film—the maker of the film;

(e) in the case of a broadcast—the broadcasting licensee that made the broadcast; and

(f) in the case of a cable programme—the person providing the cable programme service in which the programme was included.

(2) If copyright subsists in a work of joint authorship only because one or more (but not all) of the joint authors are qualified individuals, subsection (1)(a) does not confer ownership of the copyright on a joint author who is not a qualified individual.

(3) Subsections (1) and (2) are subject to any contrary intention in—

(a) any written agreement made on or after the appointed day by the person who would otherwise be the first owner of a copyright under those subsections; or

(b) any agreement before the appointed day by the person who would otherwise be the first owner of a copyright under those subsections.

First owner—copyright created in the course of employment

134.—(1) This section applies where, in the course of a contract of service, the employee—

(a) makes an authorial work; or

(b) does any of the following on or after the appointed day:

(i) makes a sound recording, film or broadcast;

(ii) provides a cable programme service in which a cable programme is included;

(iii) publishes an edition of an authorial work.

(2) The first owner of any copyright in the relevant work is to be determined according to this section (and not section 133).

(3) Subject to subsection (4), the employer is the first owner of any copyright in the relevant work.

(4) Where—

(a) the relevant work is a literary work, a dramatic work or an artistic work;

(b) the employer is the proprietor of a periodical; and

(c) the work is made for publication in a periodical,

then—

(d) if the work is made on or after 10 April 1987—

(i) the employer is the first owner of any copyright in the work only to the extent that the copyright relates to—

(A) publishing the work in any periodical; or

(B) making a copy of the work for the purpose of its being so published; and

(ii) the employee is otherwise the first owner of any copyright in the work; and

(e) if the work was made before 10 April 1987, the employee is entitled to restrain the publication of the work otherwise than in a periodical.

(5) Subsections (3) and (4) are subject to any contrary intention in—

(a) any written agreement made between the employer and the employee on or after the appointed day; or

(b) any agreement made between the employer and the employee before the appointed day.

(6) In this section—

“periodical” means a newspaper, magazine or similar periodical, and includes an online periodical;

“relevant work” means a work mentioned in subsection (1).

First owner—sound recordings, films and certain authorial works commissioned before appointed day

135.—(1) This section applies where—

(a) one party (X) entered into an agreement with another party (Y) before the appointed day;

(b) pursuant to the agreement, X does any of the following (whether before, on or after the appointed day):

(i) takes a photograph;

(ii) paints or draws a portrait;

(iii) makes an engraving;

(iv) makes a sound recording;

(v) makes a film;

(c) the things mentioned in paragraph (b) are not done in the course of a contract of service (whether with Y or any other person); and

(d) Y provides valuable consideration pursuant to the agreement.

(2) The first owner of any copyright in the commissioned work is to be determined according to this section (and not section 133).

(3) Subject to subsections (4), (5) and (6), Y is the first owner of any copyright in the commissioned work.

(4) Where—

(a) the agreement is made on or after 10 April 1987 but before the appointed day;

(b) the commissioned work is a photograph, a portrait or an engraving; and

(c) Y requires the commissioned work for any particular purpose,

that purpose must be communicated to X and X is entitled to restrain the doing, otherwise than for that particular purpose, of any act comprised in the copyright in the commissioned work.

(5) Where—

(a) the agreement was made before 10 April 1987; and

(b) the commissioned work is a sound recording,

the first owner of any copyright in the recording is the person who would be the first owner under the law applicable when the agreement was made.

(6) Subsections (3), (4) and (5) are subject to any contrary intention in—

(a) any written agreement made between X and Y on or after the appointed day; or

(b) any agreement made between X and Y before the appointed day.

(7) In this section—

(a) where the agreement mentioned in subsection (1)(a) was made before 10 April 1987, “photograph” includes photo-lithograph and a work produced by a process similar to photography; and

(b) “commissioned work” means a work mentioned in subsection (1)(b).

First owner—Government and prescribed international organisations

136.—(1) Despite subsections (3) and (4) and sections 133, 134 and 135, the Government is the first owner of—

(a) any copyright in an unpublished authorial work made by or under the direction or control of the Government (including any copyright in the work after it is published);

(b) any copyright in a published authorial work subsisting by virtue of section 110, if the work is first published by or under the direction or control of the Government;

(c) any copyright in a published edition of an authorial work, if—

(i) the edition is first published on or after the appointed day by or under the direction or control of the Government; or

(ii) the edition is first published before the appointed day by or under the direction or control of the Government and copyright subsists in the edition only by virtue of section 117(1)(b)(ii); and

(d) any copyright in a sound recording or film, if the recording or film is made or first published by or under the direction or control of the Government.

(2) Subsection (1) is subject to any contrary intention in—

(a) any written agreement made by the Government on or after the appointed day; or

(b) any agreement made by the Government before the appointed day.

(3) Despite sections 133, 134 and 135, if copyright subsists in the following works only by virtue of the work being made or first published by or under the direction or control of a prescribed international organisation, the organisation is the first owner of the copyright:

(a) an unpublished authorial work;

(b) a published authorial work;

(c) a published edition of an authorial work;

(d) a sound recording;

(e) a film.

(4) Subsection (3) is subject to any contrary intention in—

(a) any written agreement made by the organisation on or after the appointed day; or

(b) any agreement made by the organisation before the appointed day.

Transfer of copyright

137. Copyright may be transferred as personal or moveable property by—

(a) assignment;

(b) testamentary disposition; or

(c) operation of law.

Assignment—formalities

138. An assignment of copyright is valid only if it is—

(a) made in writing; and

(b) signed by or on behalf of the assignor.

Assignment—partial assignment

139. An assignment of copyright may be limited, but only in one or more of the following ways:

(a) to some but not all the types of acts comprised in the copyright;

(b) to a part but not the whole of each type of act comprised in the copyright;

(c) to a part of the whole duration of the copyright;

(d) in the case of copyright in sound recordings—to the whole or a part of the right to be paid equitable remuneration under section 121(b).

Assignment—assignment of future copyright

140.—(1) A future copyright may be assigned by the person who would be the copyright owner when the copyright comes into existence.

(2) Where a future copyright is assigned, the copyright will, when it comes into existence—

(a) vest in the assignee or the assignee’s successor in title, as the case may be; and

(b) not vest in the person who would otherwise be the first owner under section 133, 134, 135 or 136.

(3) In this section and section 141, “future copyright” means a copyright that will come into existence in the future.

Licences—licence of future copyright

141.—(1) A licence may be granted in respect of a future copyright by the person who would be the copyright owner when the copyright comes into existence.

(2) Section 143 applies to a licence of a future copyright as it applies to the licence of a subsisting copyright.

Licences—formalities for exclusive licence

142. An exclusive licence of a copyright is valid only if it is—

(a) made in writing; and

(b) signed by or on behalf of the owner or prospective owner of the copyright.

Licences—licence binds successors in title to copyright except bona fide purchaser

143. Where the owner of a copyright grants a licence of the copyright—

(a) in the case of a licence granted on or after 1 July 2004 to the Government or a public body—the licence binds every successor in title to the copyright; and

(b) in any other case—the licence binds every successor in title to the copyright, but not—

(i) a successor in title who purchased the title in good faith for valuable consideration and without actual or constructive notice of the licence; or

(ii) a person who derives title from that successor.

Death—devolution of copyright coming into existence after would-be owner dies

144.—(1) This section applies where a copyright comes into existence after the death of the person who would have been the copyright owner had he or she been alive.

(2) The ownership of the copyright is to devolve as if—

(a) the copyright existed immediately before the person’s death; and

(b) the person had then been the copyright owner.

(3) Despite sections 133, 134, 135 and 136, the person to whom the copyright devolves is the first owner of the copyright.

Death—bequest of manuscript, etc., includes any copyright therein

145.—(1) This section applies to a bequest (whether specific or general) if—

(a) the testator dies on or after 10 April 1987;

(b) the bequest entitles a person, beneficially or otherwise, to—

(i) the manuscript of a literary, dramatic or musical work; or

(ii) an artistic work; and

(c) the work is not published during the testator’s lifetime.

(2) Subject to any contrary intention in the testator’s will, the bequest is to be treated as including a bequest of any copyright in the work insofar as the testator owned the copyright immediately before his or her death.

(3) In this section, “manuscript”, in relation to an authorial work, means an original document (whether written by hand or not) embodying the work.

Division 9—Infringement of copyright
Subdivision (1)—What is an infringement of copyright

Infringement by doing act comprised in copyright

146.—(1) Subject to the provisions of this Act, copyright is infringed if—

(a) a person does in Singapore, or authorises the doing in Singapore of, any act comprised in the copyright; and

(b) the person neither owns the copyright nor has the licence of the copyright owner.

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

(a) in the case of a sound recording—it does not matter whether an act is done by directly or indirectly making use of a copy of the recording; and

(b) in the case of a broadcast or a cable programme—it does not matter whether an act is done—

(i) by the reception of the broadcast or programme; or

(ii) by making use of any article or thing in which the visual images and sounds comprised in the broadcast or programme are embodied.

Infringement by importation for commercial dealing, etc.

147.—(1) Subject to the provisions of this Act, copyright in a work is infringed if—

(a) a person imports an article for the purpose of—

(i) commercial dealing; or

(ii) distributing the article to an extent that will prejudicially affect the copyright owner;

(b) the article is imported without the licence of the copyright owner; and

(c) the person knows or ought reasonably to know that the article was made without the consent of the copyright owner.

(2) For the purposes of subsection (1), it does not matter whether the article is made before, on or after the appointed day.

(3) This section does not limit section 146.

Infringement by commercial dealing, etc.

148.—(1) Subject to the provisions of this Act, copyright in a work is infringed if—

(a) a person does any of the following acts in Singapore:

(i) deals commercially in an article; or

(ii) distributes an article to an extent that will prejudicially affect the copyright owner;

(b) the act is done without the licence of the copyright owner; and

(c) the person knows or ought reasonably to know that—

(i) if the article is made in Singapore—the making of the article infringed the copyright; and

(ii) if the article is imported—the article was made without the consent of the copyright owner.

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

(a) it does not matter whether the article is made before, on or after the appointed day; and

(b) an article made before the appointed day is to be treated as having been made in infringement of copyright if it was made in infringement of copyright under the 1911 Act or the 1987 Act, as the case may be.

(3) This section does not limit section 146.

Accessory to imported article to be ignored for purposes of sections 147 and 148 in certain circumstances

149.—(1) This section applies where—

(a) an imported article includes an accessory;

(b) the accessory is or embodies any of the following material:

(i) an authorial work;

(ii) a published edition of an authorial work;

(iii) a sound recording;

(iv) a film;

(c) copyright subsists in the material; and

(d) the article (considered apart from the accessory) is not an infringing copy.

(2) Despite section 147, the copyright in the material is not infringed by the importation of the article.

(3) Despite section 148, the copyright in the material is not infringed by any commercial dealing in, or distribution of, the imported article.

(4) To avoid doubt, nothing in this section affects the operation of this Act in relation to an authorial work, a published edition, a sound recording or a film that is embodied in the imported article.

(5) In this section, “accessory”, in relation to an article—

(a) means one or more of the following:

(i) a label affixed to, or displayed on, the article;

(ii) the article’s packaging or container;

(iii) a label affixed to, or displayed on, the article’s packaging or container;

(iv) a leaflet, pamphlet, certificate, warranty, brochure, written instruction or other information incidental to the article and provided with the article on its sale;

(v) an instructional sound recording or film incidental to the article and provided with the article on its sale; but

(b) does not include—

(i) a copy of an authorial work that is incorporated into the surface of the article and is a permanent part of the article;

(ii) a copy of an authorial work that cannot be separated from the article without making the article unsuitable for its ordinary use; or

(iii) a manual for use in connection with, and meant to be sold together with, computer software.

Infringement by making device or providing service, etc., to access works communicated without authority

150.—(1) Subject to the provisions of this Act, copyright in a work is infringed by a person (X) if—

(a) the work is communicated to the public without the copyright owner’s authority;

(b) X does any of the following acts (whether before or after the work is so communicated):

(i) makes a device to obtain a commercial advantage;

(ii) deals commercially in a device;

(iii) imports a device for the purpose of commercial dealing;

(iv) distributes a device to an extent that will prejudicially affect the copyright owner;

(v) offers to the public, or provides, a service—

(A) in exchange for payment; or

(B) together with the sale of a device;

(c) the device or service is capable of facilitating access to the work; and

(d) X knows or ought reasonably to know that the device or service—

(i) is capable of facilitating access to works communicated to the public without the authority of their copyright owners; and

(ii) has only a limited commercially significant purpose or use other than that capability.

(2) In this section—

“device” includes a component of a device, and a computer program;

“service” includes a subscription service and the provision of information.

Infringement by failure to pay equitable remuneration for causing sounds embodied in commercially published sound recordings to be heard in public

151.—(1) Subject to the provisions of this Act, copyright in a sound recording is infringed if a person fails to pay equitable remuneration to the copyright owner in circumstances to which section 121(b) applies.

(2) This section does not limit section 146.

Exceptions to infringement

152.—(1) Part 5 (permitted uses) applies.

(2) The following written laws also provide for exceptions to copyright infringement:

(a) section 25(5) of the Newspaper and Printing Presses Act (copies of declared foreign newspapers);

(b) section 57(2) of the Patents Act (reproduction or publication of models and documents in connection with Government use);

(c) section 108(6) of the Patents Act (publication of patent specification or application);

(d) section 45(6) of the Registered Designs Act (reproduction or publication of models and documents in connection with Government use).

Subdivision (2)—Action for copyright infringement

Action for copyright infringement

153.—(1) Subject to the provisions of this Act, an action against a person for an infringement of copyright may be brought in the Court by—

(a) the copyright owner; or

(b) if an exclusive licence of the copyright is in force at the time of the infringement—the exclusive licensee.

(2) The exclusive licensee’s right of action under subsection (1)(b) is concurrent with the copyright owner’s right of action under subsection (1)(a).

(3) This section does not—

(a) give an exclusive licensee any right against a copyright owner; or

(b) affect any right that an exclusive licensee has against a copyright owner.

Limitation of action

154. An action may not be brought for an infringement of copyright more than 6 years after the infringement takes place.

Remedies and border enforcement measures

155. Part 6 applies, subject to Subdivision (3) of this Division.

Subdivision (3)—Infringement action where exclusive licensee has concurrent right of action

Interpretation of this Subdivision

156. In this Subdivision—

“infringement” means an infringement of copyright for which the copyright owner and the exclusive licensee of the copyright have concurrent rights of action;

“infringement action” has a corresponding meaning;

“party” means the copyright owner or the exclusive licensee, as the case may be.

Application of this Subdivision

157.—(1) This Subdivision applies where an action for an infringement of copyright may be brought by the copyright owner and the exclusive licensee of the copyright.

(2) This Subdivision does not apply in relation to a licence granted before 10 April 1987.

Joinder and costs

158.—(1) This section applies if the copyright owner or the exclusive licensee (but not both) brings an infringement action.

(2) Unless the Court orders otherwise, the party that brought the action may proceed with the action without joining the other party as a claimant or adding the other party as a defendant.

(3) If the other party is added as a defendant, that other party is not liable for any costs in the action unless that other party files and serves a notice of intention to contest or not contest the claim and takes part in the proceedings.

Same defences and same remedies available

159.—(1) This section applies if the exclusive licensee brings an infringement action.

(2) A defendant in the action is entitled to the same defences under this Act that would be available to the defendant if the action had been brought by the copyright owner.

(3) Subject to this Subdivision, the exclusive licensee is entitled to the same remedies that the copyright owner would be entitled to under Division 1 of Part 6 if the action had been brought by the copyright owner.

(4) The remedies of the exclusive licensee are concurrent with the remedies of the copyright owner.

Assessment of damages

160.—(1) This section applies if—

(a) the copyright owner or the exclusive licensee brings an infringement action for an infringement; and

(b) the other party is not a claimant in that action.

(2) If the Court orders the payment of damages or statutory damages for the infringement, the following matters must be considered in assessing damages or statutory damages:

(a) any right of action exercisable by the other party under that section in respect of the infringement;

(b) if the action is brought by the exclusive licensee—any liabilities (whether for royalties or otherwise) to which the licence is subject;

(c) if a separate infringement action is brought by the other party for the infringement—any pecuniary remedy already awarded to the other party under section 305 in respect of the infringement.

Apportionment of profits

161.—(1) This section applies if the copyright owner or the exclusive licensee brings an infringement action for an infringement (whether or not the other party is also a claimant in that action).

(2) If the Court orders an account of profits to be taken in respect of the infringement, the Court must—

(a) apportion the profits between the copyright owner and the exclusive licensee in a way the Court considers just; and

(b) give directions to give effect to that apportionment.

(3) Subsection (2) is subject to any contrary agreement between the copyright owner and the exclusive licensee.

Separate actions for same infringement

162.—(1) This section applies if the copyright owner and the exclusive licensee bring separate actions for the same infringement.

(2) If there is a final order in one action—

(a) for damages or statutory damages to be paid in respect of the infringement; or

(b) to take an account of profits in respect of the infringement,

the Court may not make an order to take an account of profits in respect of that infringement in the other action.

(3) If there is a final order in one action to take an account of profits in respect of the infringement, the Court may not make an order for the payment of damages or statutory damages for that infringement in the other action.

Subdivision (4)—Presumptions in infringement actions

Application

163.—(1) This Division applies in an action for copyright infringement.

(2) The presumptions in this Division do not apply if the contrary is proved.

Presumption that copyright subsists if not disputed, etc.

164.—(1) Copyright is presumed to subsist in a work if—

(a) the defendant does not put in issue the question whether copyright subsists in the work;

(b) the defendant puts that question in issue, but does not satisfy the Court that this is done in good faith; or

(c) the defendant puts that question in issue in good faith, but an affidavit is made—

(i) by or on behalf of the claimant; and

(ii) asserting facts relevant to showing that copyright subsists in the work.

(2) The affidavit mentioned in subsection (1)(c) is to be admitted in evidence and the facts mentioned in subsection (1)(c)(ii) are presumed to be true.

(3) Subsections (1)(c) and (2) do not apply if the Court directs that oral evidence be adduced to prove the matters stated in the affidavit.

(4) If the defendant—

(a) puts in issue the question whether copyright subsists in a work;

(b) causes, as a result, unnecessary costs or delay in the proceedings; and

(c) does not satisfy the Court that the question is put in issue in good faith,

the Court may order that—

(d) the defendant is not allowed any costs in the action; and

(e) the defendant is to pay to the other parties any costs that the defendant caused them to incur.

Presumption that claimant owns copyright if not disputed, etc.

165.—(1) This section applies if copyright is proved (or presumed by section 164) to subsist in a work.

(2) The claimant is presumed to own the copyright if—

(a) the defendant does not put in issue the question whether the claimant owns the copyright;

(b) the defendant puts that question in issue, but does not satisfy the Court that this is done in good faith; or

(c) the defendant puts that question in issue in good faith, but an affidavit is made—

(i) by or on behalf of the claimant; and

(ii) asserting facts relevant to showing that the claimant owns the copyright.

(3) The affidavit mentioned in subsection (2)(c) is to be admitted in evidence and the facts mentioned in subsection (2)(c)(ii) are presumed to be true.

(4) Subsections (2)(c) and (3) do not apply if the Court directs that oral evidence be adduced to prove the matters stated in the affidavit.

(5) If the defendant—

(a) puts in issue the question whether the claimant owns the copyright in a work;

(b) causes, as a result, unnecessary costs or delay in the proceedings; and

(c) does not satisfy the Court that the question is put in issue in good faith,

the Court may order that—

(d) the defendant is not allowed any costs in the action; and

(e) the defendant is to pay to the other parties any costs that the defendant caused them to incur.

Presumption of authorship where name appears

166.—(1) This section applies if—

(a) either—

(i) a name purporting to be that of the author (or a joint author) of an authorial work appears on a published copy of the work; or

(ii) a name purporting to be that of the author (or a joint author) of the work appears on an artistic work when it is made; and

(b) the name is—

(i) a person’s true name; or

(ii) a name by which a person is commonly known.

(2) The person is presumed—

(a) to be the author (or a joint author) of the authorial work; and

(b) to have made the work in circumstances to which sections 134 and 135 (works made in the course of employment or under commission) do not apply.

Presumptions where authorial work is first published in Singapore

167.—(1) This section applies if—

(a) an infringement action is brought in relation to an authorial work;

(b) the presumptions in section 166 are not applicable;

(c) it is proved that—

(i) the work is first published in Singapore;

(ii) the first publication took place within the 70 years immediately before 1 January of the year in which the action is brought; and

(iii) a name purporting to be that of the publisher appears on the first published copies of the work; and

(d) the name is—

(i) a person’s true name; or

(ii) a name by which a person is commonly known.

(2) Copyright is presumed to subsist in the work.

(3) The person is presumed to be the owner of the copyright in the work when the work is first published.

Presumptions where author is dead

168.—(1) This section applies if it is proved that the author of an authorial work is dead.

(2) The work is presumed to be original.

(3) If the claimant alleges that a specified publication is the first publication of the work and that the first publication took place in a specified country and on a specified date—

(a) the specified publication is presumed to be the first publication of the work; and

(b) the first publication of the work is presumed to have taken place in the specified country and on the specified date.

Presumptions as to anonymous or pseudonymous literary, dramatic, musical or artistic work

169.—(1) This section applies if—

(a) an authorial work is published;

(b) the publication is anonymous or is alleged by the claimant to be pseudonymous; and

(c) it is not proved that the work has an identified author.

(2) The work is presumed to be original.

(3) If the claimant alleges that a specified publication is the first publication of the work and that the first publication took place in a specified country and on a specified date—

(a) the specified publication is presumed to be the first publication of the work; and

(b) the first publication of the work is presumed to have taken place in the specified country and on the specified date.

Presumptions relating to label or mark on copy of sound recording

170.—(1) This section applies if—

(a) copies of a sound recording are supplied to the public; and

(b) those copies bear a label or other mark stating that—

(i) a specified person owns the copyright in the recording;

(ii) the recording is first published in a specified year; or

(iii) the recording is first published in a specified country.

(2) It is respectively presumed that—

(a) the specified person owns the copyright in the recording;

(b) the recording is first published in the specified year; and

(c) the recording is first published in the specified country.

Presumptions as to maker of film

171.—(1) This section applies if—

(a) copies of a film are made available to the public;

(b) the name of a person appears on those copies in a way that implies that the person made the film; and

(c) in the case of an individual—the name is—

(i) the person’s true name; or

(ii) the name by which the person is commonly known.

(2) The person is presumed—

(a) to have made the film; and

(b) to have made the film in circumstances to which section 135 (works made under commission) does not apply.