Copyright Act 2021/Part 4

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PART 4
PROTECTION OF PERFORMANCES

Interpretation of this Part

172. In this Part—

“direct”, in relation to recording a performance, means recording the live performance;

“indirect”, in relation to recording a performance, means recording from a communication of the performance.

Protection of performances

173. A performance is protected if it is—

(a) a qualifying performance; and

(b) given live—

(i) in Singapore; or

(ii) by a qualified individual.

Duration of protection

174. A performance is protected for the period—

(a) starting on the day the performance is given; and

(b) ending 70 years after the end of the year in which the performance is given.

Infringing use—general

175. Subject to Part 5 (permitted uses), a person makes an infringing use of a protected performance if—

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

(i) while the performance is live—

(A) directly or indirectly records the performance in any manner or medium;

(B) communicates the performance to the public; or

(C) causes the performance to be seen or heard (or both) in public;

(ii) makes a copy of a recording of the performance;

(iii) publishes a recording of the performance, but only if no recording of the performance has been published;

(iv) makes a recording of the performance available to the public (on a network or otherwise) in a way that the recording may be accessed by any person on demand; and

(b) the act is done—

(i) when the performance is protected;

(ii) in Singapore; and

(iii) without the rights owner’s authority.

Infringing use—commercial dealing in unauthorised recordings, etc.

176. Subject to Part 5 (permitted uses), a person makes an infringing use of a protected performance if—

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

(i) deals commercially in a recording of the performance;

(ii) imports a recording of the performance for the purpose of commercially dealing;

(b) the act is done—

(i) when the performance is protected;

(ii) in Singapore; and

(iii) without the rights owner’s authority; and

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

(i) is made without the rights owner’s authority; and

(ii) either—

(A) is made on or after the appointed day in circumstances that constitute an infringing use of the performance under section 175; or

(B) was made before the appointed day in circumstances that constitute an unauthorised use of the performance under the 1987 Act.

Action for infringing use of protected performance

177. A performer of a protected performance may bring an action in the Court against any person who makes an infringing use of the performance.

Limitation of action

178. An action under section 177 for an infringing use of a performance may not be brought more than 6 years after the infringing use takes place.

Remedies and border enforcement measures

179. Part 6 applies.

Assignment of right to bring action

180.—(1) The right to bring an action under section 177 may be assigned.

(2) For the purposes of subsection (1), an assignment is valid only if it is—

(a) made in writing; and

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

(3) Subsection (2)(b) does not apply to an assignment made before the appointed day.

Presumptions relating to identity of performers

181.—(1) This section applies to an action under section 177.

(2) Unless the contrary is proved, a person is presumed to be the performer of a performance if—

(a) the person’s true name, or a name by which the person is commonly known, appears on a recording of the performance in a way that implies that the person gave the performance; and

(b) the recording is made available to the public.

(3) Unless the contrary is proved, a group of persons is presumed to have performed in a performance if—

(a) the group’s true name, or a name by which the group is commonly known, appears on a recording of the performance in a way that implies that the group gave the performance; and

(b) the recording is made available to the public.

Other rights not affected

182. This Part does not affect—

(a) any copyright in a work that is performed;

(b) any copyright in a sound recording, film or broadcast of a performance; and

(c) any other right or obligation arising otherwise than under this Part.