Copyright Act 2021/Part 5

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PART 5
PERMITTED USES OF COPYRIGHT WORKS AND PROTECTED PERFORMANCES
Division 1—General provisions

Permitted uses are not rights infringements

183.—(1) Where an act in relation to a work is a permitted use, the act is not an infringement of any copyright in the work.

(2) Where an act in relation to a protected performance is a permitted use, the act is not an infringing use of the performance.

Permitted uses are independent

184. Unless this Act expressly provides otherwise, a permitted use is independent of, and does not affect the application of, any other permitted use.

Permitted uses may go beyond scope of copyright or protection of performances

185. An act that is a permitted use—

(a) is not necessarily comprised in a copyright; and

(b) would not necessarily constitute an infringing use of a protected performance if the act were not a permitted use.

Explanation.—To provide certainty, some provisions on permitted uses are drafted in a way that goes beyond the acts comprised in a copyright and what would otherwise be an infringing use of a protected performance.

Permitted uses may be excluded or restricted by reasonable contract term

186.—(1) Subject to this section and section 187, a rights owner may, by contract with a person, exclude or restrict the application of a permitted use to that person.

(2) A contract term between the rights owner and another person (called in this section the counterparty) is valid for the purposes of subsection (1) only if—

(a) the contract is individually negotiated; and

(b) the term is fair and reasonable, having regard to the circumstances that are, or ought reasonably to be, known to or in the contemplation of the parties when the contract is made.

(3) For the purposes of subsection (2)(b), relevant matters in deciding whether a term of a contract is fair and reasonable include—

(a) the strength of the bargaining positions of the parties relative to each other, taking into account (among other things) alternative means by which the counterparty’s requirements could have been met;

(b) whether the counterparty received an inducement to agree to the term, or in accepting it had an opportunity of entering into a similar contract with other persons, but without having to accept a similar term;

(c) whether the counterparty knows or ought reasonably to know of the existence and extent of the term (having regard, among other things, to any custom of the trade and any previous course of dealing between the parties); and

(d) whether at the time of the contract it is reasonable to expect that the contract is workable without the term.

(4) Subject to any contrary intention in the contract, where a contract term between a rights owner and a person excludes or restricts the application of a permitted use to that person, the benefit of that term passes to the rights owner’s successors in title.

(5) This section applies to any contract made before, on or after the appointed day.

Permitted uses that may not be excluded or restricted

187.—(1) Any contract term is void to the extent that it purports, directly or indirectly, to exclude or restrict any permitted use under any provision in—

(a) Division 6 (public collections), but not section 234 (supplying copies of published literary, dramatic or musical works or articles between libraries and archives);

(b) Division 7 (computer programs);

(c) Division 8 (computational data analysis); or

(d) Division 17 (judicial proceedings and legal advice).

(2) Without limiting subsection (1), a contract term is void to the extent that it purports, directly or indirectly, to prevent or restrict the doing of any of the following acts in circumstances that constitute a permitted use under the provisions mentioned in subsection (1):

(a) making a copy of a work or a recording of a protected performance;

(b) supplying (whether by communication or otherwise) a copy of a work or a recording of a performance;

(c) performing a work or a recording of a protected performance.

(3) This section applies to any contract made before, on or after the appointed day.

Evasion through choice of law clause to be void

188.—(1) A contract term that purports to apply the law of a country other than Singapore is void if—

(a) the application of that law has the effect of excluding or restricting the operation of any permitted use; and

(b) either—

(i) the term is imposed wholly or mainly for the purpose of evading the operation of any permitted use; or

(ii) in the making of the contract one of the parties dealt as consumer, and he or she was then a Singapore resident, and the essential steps for the making of the contract were taken in Singapore (whether by him or her or by others on his or her behalf).

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

(a) the interpretation of section 27(2)(b) of the Unfair Contract Terms Act must be considered; and

(b) if a person claims that a party does not deal as a consumer, the burden is on the person to prove this.

(3) This section applies to any contract made before, on or after the appointed day.

What is sufficient acknowledgment of an authorial work

189.—(1) For the purposes of this Part, an acknowledgment of an authorial work is sufficient if the acknowledgment identifies—

(a) the work by its title or other description; and

(b) subject to subsection (2)—the author.

(2) It is not necessary to identify the author if—

(a) the work has no identified author; or

(b) the author has previously agreed or directed that his or her name is not to be acknowledged.

Division 2—Fair use

Fair use is permitted use

190.—(1) It is a permitted use of a work to make a fair use of the work.

(2) It is a permitted use of a protected performance to make a fair use of—

(a) the performance; or

(b) a recording of the performance.

Relevant matters in deciding whether use is fair

191. Subject to sections 192, 193 and 194, all relevant matters must be considered in deciding whether a work or a protected performance (including a recording of the performance) is fairly used, including—

(a) the purpose and character of the use, including whether the use is of a commercial nature or is for non-profit educational purposes;

(b) the nature of the work or performance;

(c) the amount and substantiality of the portion used in relation to the whole work or performance; and

(d) the effect of the use upon the potential market for, or value of, the work or performance.

Additional requirement for sufficient acknowledgment where use is for certain purposes

192.—(1) Where a work or a protected performance (including a recording of the performance) is used for the purpose of reporting news, the use is not fair unless—

(a) the work or performance is sufficiently acknowledged; or

(b) sufficient acknowledgment is impossible for reasons of practicality or otherwise.

(2) Where a work or protected performance (or a recording of the performance) is used for the purpose of criticism or review (whether of that work or performance or another work or performance), the use is not fair unless the work or performance is sufficiently acknowledged.

Deemed fair use where work or recording included in fairly-used work

193.—(1) This section applies where—

(a) any of the following works is used for the purpose of criticism or review:

(i) a sound recording;

(ii) a film;

(iii) a broadcast;

(iv) a cable programme; and

(b) the use is fair.

(2) A work or a recording of a protected performance that is included in the work mentioned in subsection (1)(a) is deemed to be fairly used (and section 191 does not apply).

(3) To avoid doubt, this section does not limit what would otherwise be a fair use.

Deemed fair use where reasonable portion of article copied for research or study

194.—(1) Making a copy of a literary, dramatic or musical work for the purpose of research or study is deemed to be a fair use (and section 191 does not apply) if—

(a) the work is an article in a periodical publication; or

(b) no more than a reasonable portion of the work is copied.

(2) Subsection (1) does not apply to making a copy of an article in a periodical publication if—

(a) another article in that publication is also copied; and

(b) the copied articles deal with different subject matters.

(3) To avoid doubt, this section does not limit what would otherwise be a fair use.

Division 3—Education and educational institutions

Interpretation: when is a copy or recording made or used for the educational purposes of an educational institution

195.—(1) For the purposes of this Division, a copy of a work or a recording of a protected performance is taken to be made or used for the educational purposes of an educational institution if—

(a) the copy or recording is made for use, or is used, in connection with a course of education provided by the institution; or

(b) the copy or recording is made for inclusion, or is included, in the collection of a library of the institution.

(2) Subsection (1) does not limit the meaning of “educational purposes” in this Act.

Copying authorial work by non-reprographic means for course of education

196.—(1) If the conditions in subsection (2) are met, it is a permitted use to make a copy of an authorial work.

(2) The conditions are—

(a) the copy is made for the purposes of a course of education;

(b) the copy is made by a person conducting or undergoing the course; and

(c) the copy is not made by a reprographic process.

(3) In this section, “reprographic process”—

(a) means a process—

(i) for making facsimile copies (whether of the same scale or not); or

(ii) involving the use of an appliance for making multiple copies; and

(b) includes, in relation to an authorial work in electronic form, any copying by electronic means, but does not include the making of a film or sound recording.

Copying or communicating very small portions of literary or dramatic work for course of education provided by educational institutions

197.—(1) If the conditions in subsection (2) are met, it is a permitted use of a literary or dramatic work for a person (X) to—

(a) make a copy of a part (but not the whole) of the work in an edition of the work; or

(b) communicate a part (but not the whole) of the work in an edition of the work.

(2) The conditions are—

(a) the copy or communication is made for the purposes of a course of education provided by an educational institution;

(b) either—

(i) the copy or communication is made on or from the institution’s premises; or

(ii) the copy (being an electronic copy) or communication is made on a network operated or controlled by the institution;

(c) the part of the work that is copied or communicated does not exceed—

(i) if the edition has 500 pages or less—5 pages;

(ii) if the edition has more than 500 pages—5% of the total number of pages in the edition;

(iii) if the edition is an electronic edition and is not divided into pages—

(A) 5% of the total number of bytes in the edition; and

(B) 5% of the total number of words in the edition or, where it is not practicable to use the total number of words as a measure, 5% of the contents of the edition; and

(d) in the 14 days before the day on which the work is copied or communicated, X does not (whether on X’s own behalf or on behalf of another person)—

(i) copy or communicate any part of the work; or

(ii) cause any part of the work to be copied or communicated.

(3) In this section, a reference to a literary or dramatic work includes a reference to an explanatory or illustrative artistic work accompanying the literary or dramatic work.

Copying or communicating material for educational purposes of educational institutions

198.—(1) If the conditions in subsection (2) are met and subject to section 199, it is a permitted use to—

(a) make a copy of any of the following material:

(i) an authorial work;

(ii) a recording of a protected performance; or

(b) communicate the material.

(2) The conditions are—

(a) the copy or communication is made by or on behalf of the body (X) administering an educational institution for the educational purposes of any educational institution;

(b) in the case of an article in a periodical publication—

(i) the copy or communication does not include 2 or more articles contained in the same periodical publication; or

(ii) the copied or communicated articles relate to the same subject matter;

(c) in the case of any other material that has been separately published—

(i) not more than a reasonable portion of the material is copied or communicated; or

(ii) before the material is copied or communicated, X (or a person acting on behalf of X)—

(A) makes a reasonable investigation; and

(B) is satisfied that there is no new copy of the material that could be obtained within a reasonable time at an ordinary commercial price;

(d) in the case of subsection (1)(a)—the copy is notated according to section 301; and

(e) as soon as practicable after the copy or communication is made, the prescribed record is made by or on behalf of X.

(3) The record mentioned in subsection (2)(e) may, if the copy or communication is exempt, state so.

(4) X must pay equitable remuneration to the rights owner if—

(a) the owner makes a written request within the prescribed time after the copy or communication is made; and

(b) the copy or communication is—

(i) not exempt; or

(ii) not stated as exempt in the record made under subsection (2)(e).

(5) The amount of equitable remuneration is to be—

(a) agreed between X and the rights owner; or

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

(6) For the purposes of this section—

(a) without limiting section 195, a copy or communication is taken to be made for the educational purposes of any educational institution if it is made in an electronic form on a network operated or controlled by the institution for the purpose of being accessed by persons undertaking a course of education provided by the institution or another educational institution; and

(b) a copy or communication made for the educational purposes of an educational institution is exempt if—

(i) the copy is made for distribution, or the communication is made, to persons undertaking a correspondence course or an external study course provided by the institution;

(ii) the copy is not distributed, or the communication is not made, as part of the lecture notes prepared for the course;

(iii) in the case of an authorial work other than an article in a periodical publication—only a reasonable portion of the work is copied or communicated; and

(iv) in the case of a recording of a protected performance—only a reasonable portion of the recording is copied or communicated.

(7) This section does not affect the right of the rights owner of an authorial work to grant a licence to, or the right of the rights owner of a protected performance to authorise, the body administering an educational institution—

(a) to make, or cause to be made, copies of the work or recordings of the performance; or

(b) to communicate, or cause to be communicated, the work or performance.

(8) For the purposes of this section, an article in a periodical publication or a literary, dramatic or musical work is taken to include an explanatory or illustrative artistic work accompanying the article or the literary, dramatic or musical work.

Suspension of section 198 for contravention of record-keeping requirements

199.—(1) Subject to this section, a Copyright Tribunal may make an order suspending the application of the whole of section 198 in relation to a body administering an educational institution.

(2) A suspension order may only be made on an application by the Attorney-General.

(3) A suspension order against a body administering an educational institution may only be made if—

(a) the body has been convicted of 2 or more record-keeping offences;

(b) the administrator of the institution has been convicted of 2 or more record-keeping offences; or

(c) the body and the administrator of the institution has each been convicted of one record-keeping offence and the offences arise from separate transactions.

(4) A suspension order may not be made against a body administering an educational institution if the Tribunal is satisfied that the body has taken all reasonable steps to ensure that no further record-keeping offences will be committed in relation to copies made by or on behalf of the body.

(5) The Tribunal may revoke a suspension order against a body administering an educational institution—

(a) on the application of the body; and

(b) if the Tribunal is satisfied that the body has taken all reasonable steps to ensure that no further record-keeping offences will be committed in relation to copies made by or on behalf of the body.

(6) In this section—

“administrator”, in relation to an educational institution, means the person who is responsible for the day-to-day administration of the institution;

“record-keeping offence” means—

(a) any prescribed offence relating to the keeping of records for the purposes of section 198(2)(e); or

(b) any offence mentioned in section 166(1) of the 1987 Act;

“suspension order” means an order under subsection (1).

Copying broadcasts or cable programmes for educational purposes

200.—(1) If the conditions in subsection (2) are met, it is a permitted use to make a copy of a broadcast or cable programme.

(2) The conditions are—

(a) the copy is made by or on behalf of the body administering an educational institution; and

(b) the copy is not used except for the purposes of a course of education at that institution.

(3) A permitted use of a broadcast or cable programme under this section is also a permitted use of a work or protected performance included in the broadcast or programme.

Copying for purposes of teaching or learning film making

201.—(1) If the conditions in subsection (2) are met, it is a permitted use for a person (X) to do the following acts:

(a) make a copy of—

(i) a sound recording;

(ii) a film;

(iii) a broadcast;

(iv) a cable programme;

(v) a recording of a protected performance;

(b) record a protected performance live.

(2) The conditions are—

(a) X is teaching, or learning from, another person how to make a film or a sound-track of a film;

(b) for that purpose, X makes a film or a sound-track of a film; and

(c) the act is done in the course of making that film or sound-track.

Things done for purposes of examination

202. It is a permitted use of a work or protected performance to do anything for the purposes of an examination, including—

(a) setting the questions;

(b) communicating the questions to the candidates; and

(c) answering the questions.

Inclusion of authorial work in collections for use by educational institutions

203.—(1) If the conditions in subsection (2) are met, it is a permitted use to include a short extract of an authorial work in a collection of authorial works.

(2) The conditions are—

(a) the work has been published;

(b) the work was not published for the purpose of being used by educational institutions;

(c) the collection is contained in a book, sound recording or film;

(d) the collection is intended for use by educational institutions and this intention is described—

(i) in the book;

(ii) on the label or container of each copy of the recording; or

(iii) in the film;

(e) the work is sufficiently acknowledged; and

(f) the collection and any similar recent collection do not contain, in total, more than one other extract from—

(i) any other authorial work (being a copyright work) by the same author; or

(ii) any adaptation of a literary, dramatic or musical work (being a copyright work) by the same author.

(3) For the purposes of this section—

(a) 2 authorial works (including adaptations) are taken to have the same author if the same person is—

(i) the author or an author of both works; or

(ii) the author of one work and an author of the other work; and

(b) “similar recent collection” means a collection that is—

(i) published by the same publisher that published the collection mentioned in subsection (1);

(ii) published in the 5 years immediately before the publication of the collection mentioned in subsection (1);

(iii) intended for use by educational institutions; and

(iv) otherwise similar to the collection mentioned in subsection (1).

Using material available on Internet for educational purposes

204.—(1) If the conditions in subsection (2) are met, the following acts are permitted uses:

(a) making a copy of a work or a recording of a protected performance;

(b) communicating a work or a recording of a protected performance to the public;

(c) making an adaptation of a literary, dramatic or musical work;

(d) recording a protected performance live.

(2) The conditions are—

(a) the work, recording or performance was accessed by the person (X) using the Internet;

(b) when X accessed the work, recording or performance, it was generally accessible by the public free of charge using the Internet;

Illustrations

(a) A work, recording or performance is not generally accessible to the public if it is accessible only for a limited period that cannot be renewed or extended (for example, under a one-time trial subscription).

(b) A work, recording or performance is not generally accessible to the public if it is accessible only by circumventing an access control measure in circumstances that constitute an infringement of Division 4 of Part 7 (protection of technological measures).

(c) A work, recording or performance is not accessible free of charge if it is only accessible under a paid subscription, even if not all users of the subscription paid for it.

(c) either—

(i) X is a public officer or an officer of a public body, and the act is done for the purpose of developing or implementing a curriculum for an educational institution; or

(ii) X is a student of or a member of the staff of an educational institution, and the act is done for the educational purposes of that institution;

(d) X cites (or causes to be cited) the Internet source from which the work, recording or performance was accessed and the date on which the source was accessed;

(e) X gives (or causes to be given) a sufficient acknowledgment of the work, recording or performance, if and to the extent that the necessary information is available from the Internet source;

(f) in the case of subsection (1)(b)—the communication is done on—

(i) a network—

(A) that is operated or controlled by an educational institution; and

(B) to which access is limited to the students or staff of that institution; or

(ii) a prescribed platform; and

(g) if the work, recording or performance has been made available on the Internet in circumstances that constitute a rights infringement—

(i) X does not know and is not notified of this fact when X does the acts mentioned in subsection (1); and

(ii) if X is subsequently notified of this fact—

(A) X stops doing any of the acts mentioned in subsection (1); and

(B) insofar as the work or recording has been communicated to the public, X takes reasonable steps to prevent the public from further accessing the work, recording or performance.

(3) Without limiting the expression “educational purposes” elsewhere in this Act, for the purposes of this section, the following are taken to be acts done for educational purposes:

(a) collaborative research;

(b) acts done for the purposes of teaching or study;

(c) organising or participating in an exhibition or a competition (whether within an educational institution or at the national or international level).

Performances by students or staff of educational institutions, etc.

205.—(1) If the conditions in subsection (2) are met, it is a permitted use to perform a musical work in public.

(2) The conditions are—

(a) the work is performed for an audience by the students or staff of an educational institution (whether on the premises of the institution or elsewhere); and

(b) the performance is in the course of the institution’s activities.

(3) If the conditions in subsection (4) are met, it is a permitted use to perform a literary or dramatic work in public.

(4) The conditions are—

(a) the work is performed for an audience by the students or staff of an educational institution (whether on the premises of the institution or elsewhere);

(b) the audience is limited to—

(i) persons who teach or study at the institution; and

(ii) persons directly connected with the institution; and

(c) the performance is in the course of the institution’s activities.

(5) If the conditions in subsection (6) are met, it is a permitted use to—

(a) cause the visual images or sounds that are part of any of the following works to be seen or heard in public (or both):

(i) a sound recording;

(ii) a film;

(iii) a television broadcast;

(iv) a cable programme; or

(b) cause a protected performance to be seen or heard (or both) live in public.

(6) The conditions are—

(a) the images or sounds are caused, by the students or staff of an educational institution, to be seen or heard by an audience (whether on the premises of the institution or elsewhere);

(b) the audience is limited to—

(i) persons who teach or study at the institution; and

(ii) persons directly connected with the institution; and

(c) the images are caused to be seen, or the sounds are caused to be heard, in the course of the institution’s activities.

(7) For the purposes of this section—

(a) a person is directly connected with an educational institution if he or she is a parent, a guardian, or a sibling of a student of the institution; and

(b) the staff of an educational institution includes—

(i) any adjunct staff of the institution; and

(ii) any person engaged by the institution to conduct any course of instruction, activity or programme of or offered by the institution.

Division 4—Persons with print disabilities

Material to which this Division applies

206. In this Division, “relevant material”—

(a) means any of the following material:

(i) a published literary work;

(ii) a published dramatic work;

(iii) a published artistic work;

(iv) a published sound recording;

(v) a sound broadcast;

(vi) a published recording of a protected performance; but

(b) does not include a sound recording, a sound broadcast or a recording of a protected performance that comprises only one or more of the following:

(i) the performance of a musical work;

(ii) a musical work in which words are sung;

(iii) a musical work in which words are spoken incidentally to or in association with the music.

Interpretation: what is an accessible format

207.—(1) A format is an “accessible format” if it is—

(a) any format that is accessible to persons with print disabilities, including—

(i) a large print version;

(ii) an electronic book;

(iii) a sound recording; and

(iv) the format known as Digital Accessible Information System (DAISY); or

(b) any format that is specifically designed to meet the needs of persons with print disabilities, including—

(i) a Braille version; and

(ii) a photographic version.

(2) For the purposes of subsection (1)(b)(ii), a thing is in photographic version if it is produced as a film-strip, or a series of separate transparencies, designed to meet the needs of persons with print disabilities.

Interpretation: what is an accessible format copy

208. An “accessible format copy” means—

(a) in relation to an authorial work—a copy (whether in an electronic or a physical form) of the work in an accessible format;

(b) in relation to a sound recording—a copy (whether in an electronic or a physical form) of the recording in an accessible format;

(c) in relation to a sound broadcast—a copy of the broadcast in an accessible format; and

(d) in relation to a recording of a protected performance—a copy (whether in an electronic or a physical form) of the recording in an accessible format.

Interpretation: what is a new copy of an accessible format copy

209. In this Division, an accessible format copy is new if—

(a) in the case of a physical copy—the copy is not secondhand;

(b) in the case of a copy (being a sound recording or an electronic copy) that is embodied or stored in a record or other article—a copy that is embodied or stored in a record or other article that is not secondhand; or

(c) in the case of a copy (being a sound recording or an electronic copy) that is not embodied or stored in a record or other article—a copy that is fit for use.

Interpretation: what does it mean to make an accessible format copy available to persons with print disabilities or a foreign institution

210. For the purposes of this Division—

(a) an accessible format copy is made available to a person with a print disability if the copy is made available—

(i) to the person;

(ii) on a network or otherwise; and

(iii) in a way that the copy may be accessed by the person on demand; and

(b) an accessible format copy is made available to a foreign institution aiding persons with print disabilities if the copy is made available—

(i) to a person (X) responsible for the day-to-day administration of the institution, or a person (Y) authorised by X;

(ii) on a network or otherwise; and

(iii) in a way that the copy may be accessed by X or Y on demand.

Making, distributing or making available accessible format copies for Singapore residents with print disabilities

211.—(1) If the conditions in subsection (2) are met, it is a permitted use of any relevant material to—

(a) make a copy of the material;

(b) distribute a physical copy of the material; or

(c) make available an electronic copy of the material.

(2) The conditions are—

(a) the copy is an accessible format copy;

(b) the copy is made, distributed or made available by or on behalf of—

(i) the body (B) administering an institution aiding persons with print disabilities; or

(ii) an educational institution (E);

(c) before the copy is made, distributed or made available, B or E (or a person acting on behalf of B or E)—

(i) makes a reasonable investigation; and

(ii) is satisfied that there is no new copy of the material that—

(A) has been separately published;

(B) is in the same accessible format as the copy; and

(C) could be obtained within a reasonable time at an ordinary commercial price;

(d) the copy is not made, distributed or made available for profit;

(e) the copy is made for, or distributed or made available to, a person with a print disability (X);

(f) the copy is to be used by X for the purposes of research or study or for self-instruction in any matter;

(g) X is a Singapore resident;

(h) if the copy is made, distributed or made available by or on behalf of E—X is a student of E;

(i) as soon as practicable after the copy is made, distributed or made available, the prescribed record is made by or on behalf of B or E;

(j) in the case of subsection (1)(a)—the copy is notated according to section 301; and

(k) any other condition that may be prescribed.

(3) To avoid doubt, it does not matter whether the physical copy mentioned in subsection (1)(b) or the electronic copy mentioned in subsection (1)(c) is made before, on or after the appointed day.

Making or making available accessible format copies for foreign institutions or non-resident persons with print disabilities

212.—(1) If the conditions in subsection (2) are met, it is a permitted use of any relevant material to—

(a) make a physical copy of the material; or

(b) make available an electronic copy of the material.

(2) The conditions are—

(a) the copy is an accessible format copy;

(b) the copy is made or made available by or on behalf of—

(i) the body (B) administering an institution aiding persons with print disabilities; or

(ii) an educational institution (E);

(c) the copy is made for or made available to—

(i) a foreign institution aiding persons with print disabilities (F); or

(ii) a person with a print disability (X) who is not a Singapore resident;

(d) the copy is not made or made available for profit;

(e) in the case of subsection (1)(a)—

(i) the copy is made for export; and

(ii) the copy is notated according to section 301;

(f) as soon as practicable after the copy is made or made available, the prescribed record is made by or on behalf of B or E;

(g) B or E (or a person acting on behalf of B or E) complies with any prescribed requirements for checking the identity and other particulars of F or X; and

(h) any other condition that may be prescribed.

(3) To avoid doubt, it does not matter whether the electronic copy mentioned in subsection (1)(b) is made before, on or after the appointed day.

Receiving, importing or distributing accessible format copies from foreign institutions

213.—(1) If the conditions in subsection (2) are met, it is a permitted use of any relevant material to—

(a) make a temporary electronic copy of the material incidentally to the technical process of receiving an electronic copy of the material from a foreign institution (F) aiding persons with print disabilities;

(b) import a physical copy of the material that originated from F; or

(c) distribute a physical copy of the material that originated from F to a Singapore resident, being a person with a print disability, on a non-profit basis.

(2) The conditions are—

(a) the copy is an accessible format copy;

(b) the copy is made, imported or distributed by or on behalf of—

(i) the body (B) administering an institution aiding persons with print disabilities; or

(ii) an educational institution (E);

(c) the copy is requested by B or E from F;

(d) the copy is requested—

(i) for a person with a print disability to use the copy for personal research or study or for self-instruction in any matter; or

(ii) for the purpose of distributing the copy on a non-profit basis—

(A) in the case of B—to a person with a print disability, so that the person can use the copy for the purposes of research or study or for self-instruction in any matter; or

(B) in the case of E—to a student of E (being a person with a print disability), so that the student can use the copy for the purposes of research or study or for self-instruction in any matter;

(e) before the copy is made, imported or distributed, B or E (or a person acting on behalf of B or E)—

(i) makes a reasonable investigation; and

(ii) is satisfied that there is no new copy of the material that—

(A) has been separately published;

(B) is in the same accessible format as the copy; and

(C) could be obtained within a reasonable time at an ordinary commercial price;

(f) as soon as practicable after the copy is received, the prescribed record is made by or on behalf of B or E; and

(g) any other condition that may be prescribed.

(3) To avoid doubt, it does not matter whether the physical copy mentioned in subsection (1)(b) and (c) is made before, on or after the appointed day.

Making of accessible format copy by person with print disability for personal use

214.—(1) If the conditions in subsection (2) are met, it is a permitted use to make a copy of any relevant material.

(2) The conditions are—

(a) the copy is an accessible format copy;

(b) the copy is made by—

(i) a person with a print disability (X) who is a Singapore resident; or

(ii) a person acting on X’s behalf, but not—

(A) the body administering an institution aiding persons with print disabilities; or

(B) an educational institution of which X is a student;

(c) the copy is to be used by X for the purposes of research or study or for self-instruction in any matter;

(d) before making the copy, X or the person acting on X’s behalf—

(i) makes a reasonable investigation; and

(ii) is satisfied that there is no new copy of the material that—

(A) has been separately published;

(B) is in the same accessible format as the copy; and

(C) could be obtained within a reasonable time at an ordinary commercial price; and

(e) any other condition that may be prescribed is met.

Copyright not to vest by virtue of making accessible format copy for persons with print disability

215.—(1) This section applies where an accessible format copy of any relevant material is made—

(a) by or on behalf of—

(i) the body administering an institution aiding persons with print disabilities; or

(ii) an educational institution;

(b) on a non-profit basis; and

(c) to be used by a person with a print disability for the purposes of research or study or for self-instruction in any matter.

(2) Despite any other provision of this Act, copyright does not vest in the person who made the copy just because the person made the copy under the provisions of this Division.

Rights owner’s right to license or authorise not affected

216. This Division does not affect a rights owner’s right to grant a licence to or authorise (as the case may be) the body administering an institution aiding persons with print disabilities or an educational institution—

(a) to make or cause to be made;

(b) to make available or cause to be made available; or

(c) to distribute or cause to be distributed,

accessible format copies of any relevant material.

Division 5—Persons with intellectual disabilities

Copying by institution aiding persons with intellectual disabilities—authorial works

217.—(1) If the conditions in subsection (2) are met, it is a permitted use to make a copy of an authorial work.

(2) The conditions are—

(a) the work has been published;

(b) the copy is made by or on behalf of a body (X) administering an institution aiding persons with intellectual disabilities;

(c) the copy is made for the sole purpose of aiding persons with intellectual disabilities (whether the aid is provided by the institution or not);

(d) before the copy is made, X (or a person acting on behalf of X)—

(i) makes a reasonable investigation; and

(ii) is satisfied that there is no new copy of the work that—

(A) has been separately published;

(B) is in a form that is suitable for aiding persons with intellectual disabilities; and

(C) could be obtained within a reasonable time at an ordinary commercial price;

(e) the copy is notated according to section 301; and

(f) as soon as practicable after the copy is made, the prescribed record is made by or on behalf of X.

(3) X must pay equitable remuneration to the copyright owner if the latter makes a written request within the prescribed time after the copy is made.

(4) The amount of equitable remuneration is to be—

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

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

(5) In this section, “new copy” means a copy that is not secondhand.

Copying, etc., by institution aiding persons with intellectual disability—protected performances

218.—(1) If the conditions in subsection (2) are met, it is a permitted use to—

(a) make a copy of a recording of a protected performance; or

(b) record a protected performance live.

(2) The conditions are—

(a) the copy or recording is made by or on behalf of a body administering an institution aiding persons with intellectual disabilities; and

(b) the copy or recording is made for the sole purpose of aiding persons with intellectual disabilities (whether the aid is provided by the institution or not).

Copyright not to vest by virtue of making copy for aiding persons with intellectual disabilities

219.—(1) This section applies where a copy of an authorial work is made—

(a) by or on behalf of a body administering an institution aiding persons with intellectual disabilities; and

(b) for the sole purpose of aiding persons with intellectual disabilities (whether the aid is provided by the institution or not).

(2) Despite any other provision of this Act, copyright does not vest in the person who made the copy just because the person made that copy under the provisions of this Division.

Rights owner’s right to license or authorise not affected

220. This Division does not affect—

(a) the right of the owner of the copyright in an authorial work to grant a licence to the body administering an institution aiding persons with print disabilities to make, or cause to be made, copies of the work; or

(b) the right of the rights owner of a protected performance to authorise the body administering an institution aiding persons with print disabilities to—

(i) record, or cause to be recorded, the protected performance live; or

(ii) make, or cause to be made, copies of recordings of the protected performance.

Division 6—Public collections: galleries, libraries, archives and museums

Interpretation: what is an article in a periodical publication

221. In this Division, “article”, in relation to a periodical publication, means anything (other than an artistic work) appearing in the publication.

Public use and enjoyment—copying for public exhibition

222.—(1) If the conditions in subsection (2) are met, it is a permitted use to make a copy of any of the following material:

(a) an authorial work;

(b) a sound recording;

(c) a film;

(d) a recording of a protected performance.

(2) The conditions are—

(a) the material is part of a public collection;

(b) the copy is made by or on behalf of the custodian of the public collection;

(c) the copy is made for the purpose of an exhibition of the material that is held—

(i) by or on behalf of the custodian of the public collection; and

(ii) at any premises that are open to the public (whether for a fee or otherwise);

(d) the copy is not used for any other purpose; and

(e) before the copy is made, an authorised officer of the public collection—

(i) makes a reasonable investigation; and

(ii) declares that he or she is satisfied that a new copy of the material could not be obtained within a reasonable time at an ordinary commercial price.

Public use and enjoyment—publicising public exhibition

223.—(1) If the conditions in subsection (2) are met, it is a permitted use to—

(a) make a copy of any of the following material:

(i) an authorial work;

(ii) a sound recording;

(iii) a film;

(iv) a recording of a protected performance; or

(b) communicate the material to the public.

(2) The conditions are—

(a) the material is part of a public collection;

(b) the copy or communication is made by or on behalf of the custodian of the public collection;

(c) the material is copied or communicated, and supplied to the public, for the purpose of publicising an exhibition of the material that is held—

(i) by or on behalf of the custodian of the public collection; and

(ii) at any premises that are open to the public (whether for a fee or otherwise);

(d) the copy is not used for any other purpose and is not sold as merchandise;

(e) the copy is not a reasonable substitute for the material; and

(f) any fee charged for the copy (or any material that includes the copy) does not exceed the cost of making and supplying the copy (or any material that includes the copy) plus a reasonable contribution to the general expenses of the public collection.

(3) For the purposes of subsection (2)(e)—

(a) relevant factors include the extent of copying and any difference in quality between the copy and the material that is copied; and

(b) a copy of the whole or substantially the whole of a film or recording is taken to be a reasonable substitute of the film or recording.

(4) For the purposes of this Act, the supply of copies of any material in circumstances to which this section applies—

(a) is not to be treated as publishing the material (or any work or recording included in the material); and

(b) must be ignored in determining the duration of any copyright in the material (or the included work).

Public use and enjoyment—performing for public exhibition

224.—(1) If the conditions in subsection (2) are met, it is a permitted use to do any of the following acts:

(a) perform a literary, dramatic or musical work in public;

(b) cause the visual images of a film to be seen in public or any sounds of the film to be heard in public (or both).

(2) The conditions are—

(a) the work or film is part of a public collection;

(b) the act is authorised by the custodian of the public collection;

(c) the act is for the purpose of an exhibition of the work or film that is held—

(i) by or on behalf of the custodian of the public collection; and

(ii) at any premises that are open to the public (whether for a fee or otherwise); and

(d) the act is not the sole or main purpose of the exhibition.

Public use and enjoyment—making collection available on network of public collection

225.—(1) If the conditions in subsection (2) are met, it is a permitted use to make any of the following material available on a network:

(a) an article in a periodical publication, if acquired in electronic form;

(b) a published authorial work, if acquired in electronic form;

(c) an unpublished artistic work that is—

(i) in electronic form; or

(ii) in 3 dimensions and represented in a visual image in electronic form;

(d) a film;

(e) a sound recording;

(f) a recording of a protected performance;

(g) without limiting paragraphs (d), (e) and (f), an authorial work, a film, a sound recording or a recording of a protected performance that is or is part of online material copied from a Singapore website—

(i) by or on behalf of the National Library Board; and

(ii) for the purpose of acquiring the material for the purposes of section 6(d) of the National Library Board Act.

(2) The conditions are—

(a) the material is part of a public collection; and

(b) the network on which the material is made available may only be accessed—

(i) within any premises where any part of the public collection is held;

(ii) with the authority of the custodian of the public collection; and

(iii) in a way that users of the public collection cannot, by using any equipment supplied by or on behalf of the custodian of the public collection—

(A) make an electronic copy of the material; or

(B) communicate the material.

(3) For the purposes of this Act, making an unpublished artistic work available in circumstances to which this section applies—

(a) is not to be treated as publishing the work (or any work or recording included in the material); and

(b) must be ignored in determining the duration of any copyright in the work (or the included work).

(4) In this section, “online material” and “Singapore website” have the meanings given by section 2 of the National Library Board Act.

Research or study—copying and communicating material for users of public collection

226.—(1) If the conditions in subsection (2) are met, it is a permitted use to—

(a) make a copy of any of the following material:

(i) an authorial work;

(ii) a recording of a protected performance; or

(b) communicate the material.

(2) The conditions are—

(a) either—

(i) the material has been published and is part of a public collection (other than a for-profit library); or

(ii) in the case of an authorial work, the work—

(A) is an unpublished artistic work;

(B) is part of a public collection (other than a for-profit library); and

(C) is, has been or will be exhibited at an exhibition held by or on behalf of the custodian of the public collection at any premises that are open to the public (whether for a fee or otherwise);

(b) the copy or communication is made or caused to be made—

(i) by an authorised officer (X) of the public collection; and

(ii) on a written request by a person (Y) to an authorised officer of the public collection for a copy of the material to be supplied to Y;

(c) the request includes a signed declaration by Y stating that—

(i) Y requires the copy for research or study and will not use it for any other purpose; and

(ii) either—

(A) no authorised officer of the public collection had previously supplied Y with a copy of the material (or any part of the material) requested by Y; or

(B) an authorised officer of the public collection had previously supplied Y with a copy of the material (or any part of the material) requested by Y, but that copy has been lost, destroyed or damaged;

(d) either—

(i) the declaration does not contain any material information that is false; or

(ii) X does not know that the declaration contains material information that is false;

(e) if the request is for copies of the whole or parts of 2 or more articles in the same periodical publication—the articles relate to the same subject matter;

(f) if the request is for a copy of the whole of the material (other than an article in a periodical publication), or of a portion of the material that exceeds a reasonable portion—before the copy is made, an authorised officer of the public collection—

(i) makes a reasonable investigation; and

(ii) declares that he or she is satisfied that a new copy of the material could not be obtained within a reasonable time at an ordinary commercial price;

(g) if the request is for an electronic copy—

(i) before or when the electronic copy is communicated to Y, Y is given a notice stating—

(A) that the electronic copy is made under this section;

(B) that the work may be subject to copyright, or that the performance may be protected, under this Act; and

(C) any prescribed matter; and

(ii) as soon as practicable after the electronic copy is communicated to Y, the electronic copy made for the purpose of communication is destroyed;

(h) in the case of subsection (1)(a)—the copy is notated according to section 301;

(i) the copy is not supplied to any person other than Y;

(j) any fee for making and supplying the copy to Y does not exceed the cost of making and supplying the copy plus a reasonable contribution to the general expenses of the public collection; and

(k) no prescribed exception applies.

(3) For the purposes of this Act, the supply of copies of any material in circumstances to which this section applies—

(a) is not to be treated as publishing the material (or any work or recording included in the material); and

(b) must be ignored in determining the duration of any copyright in the material (or the included work).

Research or study—copying originals for use on premises of public collection

227.—(1) If the conditions in subsection (2) are met, it is a permitted use to—

(a) make a copy of any of the following material:

(i) an authorial work;

(ii) a sound recording;

(iii) a film;

(iv) a recording of a protected performance; or

(b) communicate the material.

(2) The conditions are—

(a) a public collection has or used to have the original version or first copy (as the case may be) of the material;

(b) the copy or communication is made by or on behalf of the custodian of the public collection;

(c) the copy or communication is made for the purpose of carrying out research at any premises where any public collection is held;

(d) the material (including any copies) is not supplied to any person for any other purpose;

(e) before the copy is made, an authorised officer of the public collection—

(i) makes a reasonable investigation; and

(ii) declares that he or she is satisfied that a new copy of the material could not be obtained within a reasonable time at an ordinary commercial price; and

(f) in the case of subsection (1)(a)—the copy is notated according to section 301.

(3) For the purposes of this Act, the supply of copies of any material in circumstances to which this section applies—

(a) is not to be treated as publishing the material (or any work or recording included in the material); and

(b) must be ignored in determining the duration of any copyright in the material (or the included work).

Research or study—copying or communicating unpublished thesis in university library or archive

228.—(1) If the conditions in subsection (2) are met, it is a permitted use to make a copy of, or communicate, a thesis or a similar literary work.

(2) The conditions are—

(a) the original version or a copy of the thesis or work is kept in a university library (including a similar institution) or an archive;

(b) the thesis or work has not been published;

(c) the copy or communication is made by or on behalf of the custodian of the library or archive;

(d) the copy, thesis or work is communicated or otherwise supplied to a person who needs it for the purpose of research or study; and

(e) an authorised officer of the library or archive is satisfied that the person needs the copy, thesis or work for that purpose.

(3) For the purposes of this Act, the supply of copies of a literary work in circumstances to which this section applies—

(a) is not to be treated as publishing the work; and

(b) must be ignored in determining the duration of any copyright in the work.

(4) In this section, a reference to a literary work includes a reference to an explanatory or illustrative artistic work accompanying the literary work.

Research, study or publication—copying or communicating unpublished old material in public collection

229.—(1) If the conditions in subsection (2) are met, it is a permitted use to—

(a) make a copy of any of the following material:

(i) an authorial work;

(ii) a sound recording;

(iii) a film;

(iv) a recording of a protected performance; or

(b) communicate the material.

(2) The conditions are—

(a) the material is unpublished old material in a public collection;

(b) the copy or communication is made for the purpose of research or study;

(c) the copy or communication is made with a view to publishing the material; and

(d) the copy or communication is made by an authorised officer of the public collection and supplied to a person, and the officer is satisfied that the person—

(i) needs the copy or the material for research or study, or with a view to publication; and

(ii) will not use it for any other purpose.

(3) For the purposes of this Act, the supply of copies of any material in circumstances to which this section applies—

(a) is not to be treated as publishing the material (or any work or recording included in the material); and

(b) must be ignored in determining the duration of any copyright in the material (or the included work).

(4) In this section and section 230, any material is “unpublished old material in a public collection” if—

(a) the material has not been published;

(b) the original version or a copy of the material—

(i) is part of a public collection; and

(ii) is, subject to any regulations governing that collection, open to public inspection;

(c) where the material is an authorial work—

(i) more than 75 years have passed—

(A) since the work was made; or

(B) if the work was made over a period—since the end of that period; and

(ii) either—

(A) the author of the work has died and more than 50 years have passed since the end of the year in which the author died; or

(B) every author of the work has died and more than 50 years have passed since the end of the year in which the last author died; and

(d) where the material is a film, a sound recording or a recording of a protected performance—

(i) more than 50 years have passed since the film or recording was made; or

(ii) if the film or recording was made over a period—more than 50 years have passed since the end of that period.

Publication—publishing unpublished old authorial works in public collection

230.—(1) It is a permitted use of an authorial work (called in this section the old work) to publish another authorial work (called in this section the new work) that includes the old work (or any part of the old work) if—

(a) immediately before the new work is first published—

(i) the old work is unpublished old material in a public collection; and

(ii) the publisher of the new work does not know who owns the copyright in the old work; and

(b) before the new work is first published, the prescribed notice of intended publication is given.

(2) To avoid doubt, if—

(a) the first publication of the new work only includes part of the old work; and

(b) a later publication of the new work includes any other part of the old work that was not included in any earlier publication,

then—

(c) subsection (1) does not apply to the later publication just because it applies to the first publication; and

(d) the later publication is to be treated as the first publication of the new work for the purposes of applying subsection (1).

(3) Where an authorial work, being unpublished old material in a public collection, is published in circumstances to which subsection (1) applies, the publication is deemed to be authorised.

Publication—communicating, performing, etc., authorial work published under section 230

231.—(1) This section applies where, by virtue of section 230, the publication of an authorial work (or part of the authorial work) is a permitted use.

(2) The following acts are also permitted uses if they are done after the publication:

(a) broadcasting the work (or part of the work);

(b) including the work (or part of the work) in a cable programme;

(c) performing the work (or part of the work) in public;

(d) making a record of the work (or part of the work).

Preservation and replacement—copying material in public collection

232.—(1) If the conditions in subsection (2) are met, it is a permitted use to make a copy of any of the following material:

(a) an authorial work;

(b) a sound recording;

(c) a film;

(d) a recording of a protected performance.

(2) The conditions are—

(a) the material was or is part of a public collection;

(b) the copy is made by or on behalf of the custodian of the public collection;

(c) the copy is—

(i) made to preserve the material against loss, deterioration or damage;

(ii) made in a different format from the format in which the material is embodied, to preserve the material against the obsolescence of the latter format;

(iii) made to replace the material because of loss, deterioration or damage; or

(iv) made for some other purpose;

(d) if the copy is made under paragraph (c)(i) or (ii)—the copy is not made accessible to the public, except to replace a copy of the material that was previously accessible to the public;

(e) if the copy is made under paragraph (c)(i), (ii) or (iii)—before the copy is made, an authorised officer of the public collection—

(i) makes a reasonable investigation; and

(ii) declares that he or she is satisfied that a new copy of the material (or, in the case of paragraph (c)(ii), a new copy of the material in the different format) could not be obtained within a reasonable time at an ordinary commercial price;

(f) if the copy is made under paragraph (c)(iv)—the copy is the sole copy made under this section; and

(g) the copy is notated according to section 301.

Administration—copying or communicating material in public collection

233.—(1) If the conditions in subsection (2) are met, it is a permitted use to—

(a) make a copy of any of the following material:

(i) an authorial work;

(ii) a sound recording;

(iii) a film;

(iv) a recording of a protected performance; or

(b) communicate the material.

(2) The conditions are—

(a) the material was or is part of a public collection;

(b) the copy or communication is made by or on behalf of the custodian of the public collection;

(c) the copy or communication is made for any of the following purposes:

(i) internal record-keeping;

(ii) internal cataloguing;

(iii) insurance;

(iv) police investigations or other law enforcement actions;

(v) security;

(vi) any other administrative purpose; and

(d) the copy is not used other than—

(i) for the purposes mentioned in paragraph (c); or

(ii) to create another copy of the material in circumstances to which any permitted use in this Division applies.

(3) For the purposes of this Act, the supply of copies of any material in circumstances to which this section applies—

(a) is not to be treated as publishing the material (or any work or recording included in the material); and

(b) must be ignored in determining the duration of any copyright in the material (or the included work).

Supplying copies of published literary, dramatic or musical works or articles between libraries and archives

234.—(1) This section applies if—

(a) a copy is made of—

(i) a published literary, dramatic or musical work; or

(ii) an article in a periodical publication;

(b) the copy is made or caused to be made—

(i) by an authorised officer of library X; and

(ii) on a written request by or on behalf of an authorised officer of library Y (which may be within or outside Singapore);

(c) the copy is requested for the purpose of—

(i) including the copy in the collection of library Y, but not as a substitute for subscribing to or buying the work or periodical publication; or

(ii) supplying the copy to a person who has requested the copy in accordance with section 226;

(d) the copy is notated according to section 301;

(e) the copy is supplied to the authorised officer of library Y and to no other person;

(f) any fee for making and supplying the copy does not exceed the cost of making and supplying the copy plus a reasonable contribution to the general expenses of library X; and

(g) no prescribed exclusion applies.

(2) Where this section applies—

(a) no action may be brought against library X or any of its officers or employees for any infringement of copyright constituted by the making and supply of the copy;

(b) the copy is deemed for all purposes of this Act to have been made by an authorised officer of library Y (and not library X) for the purposes for which it is requested; and

(c) the making of the copy by an authorised officer of library Y (as deemed by paragraph (b)) is a permitted use if, as soon as practicable after the request in subsection (1)(b)(ii) is made, an authorised officer of library Y makes a declaration stating—

(i) the particulars of the request, including the purpose for requesting the copy;

(ii) if the copy is requested for inclusion in the collection of library Y and a similar copy has previously been made and supplied under this section—that the previous copy is lost, destroyed or damaged; and

(iii) if the copy requested for is a copy of the whole of an authorial work (other than an article in a periodical publication) or a portion of the work that exceeds a reasonable portion—

(A) that the copy is made and supplied as part of an inter-library arrangement; and

(B) that the arrangement does not have the effect or the purpose of enabling participating libraries to systematically copy and supply copies of authorial works, and thereby obtain copies of authorial works without having to subscribe to or buy the authorial works.

(3) In this section—

(a) “library” means a non-profit library, and includes a non-profit archive; and

(b) a reference to a literary, dramatic or musical work (including an article in a periodical publication) includes a reference to an explanatory or illustrative artistic work accompanying the literary, dramatic or musical work (or the article).

Protection of libraries and archives when infringing copies made on machines installed by them

235.—(1) This section applies where—

(a) a machine is installed by or with the approval of the custodian of a library—

(i) on the premises of the library; or

(ii) outside the premises of the library, but for the convenience of persons using the library;

(b) a notice in the prescribed form and dimensions is placed on or near the machine, in a way that is readily visible to a person using the machine; and

(c) either—

(i) the machine—

(A) is for making facsimile copies of documents (whether or not in the same size or form); and

(B) is used to make an infringing copy of an authorial work or a published edition of an authorial work; or

(ii) the machine is used to make an infringing copy of—

(A) a sound recording, film, broadcast or cable programme; or

(B) a protected performance.

(2) The custodian of the library is not taken to have authorised the making of the infringing copy just because the infringing copy is made on the machine.

(3) In this section—

“library” includes an archive;

“machine” includes a computer.

Copying online material for National Library Board collection

236.—(1) If the conditions in subsection (2) are met, it is a permitted use to make a copy of any of the following material:

(a) an authorial work;

(b) a sound recording;

(c) a film;

(d) a recording of a protected performance.

(2) The conditions are—

(a) the material is or is part of online material;

(b) the online material is available on a Singapore website; and

(c) the copy is made—

(i) by or on behalf of the National Library Board; and

(ii) for the purpose of acquiring the online material for the purposes of section 6(d) of the National Library Board Act.

(3) In this section, “online material” and “Singapore website” have the meanings given by section 2 of the National Library Board Act.

Division 7—Use of computer programs

Making back-up copy of computer program

237.—(1) If the conditions in subsection (2) are met, it is a permitted use to make a copy of a computer program.

(2) The conditions are—

(a) the copy is not made from an infringing copy of the program; and

(b) the copy is made—

(i) by or on behalf of the owner of the copy of the program from which the copy is made; and

(ii) only for the purpose of being used by or on behalf of the owner if that copy is lost, destroyed or cannot be used.

(3) In this section, a reference to a copy of a computer program is a reference to any article in which the computer program is reproduced in a material form.

Copying electronic compilation or computer program when essential for use

238.—(1) If the conditions in subsection (2) are met, it is a permitted use for a person (X) to make, or authorise the making of, a copy or an adaptation of—

(a) a compilation in an electronic form; or

(b) a computer program.

(2) The conditions are—

(a) the copy or adaptation is made from a copy of the compilation or program that is owned by X;

(b) creating the copy or adaptation is an essential step in using the compilation or program with a machine; and

(c) the copy or adaptation is not used in any other way.

(3) In this section—

(a) a reference to a copy of a compilation or computer program is a reference to any article in which the compilation or program is reproduced in a material form; and

(b) a reference to an adaptation of a compilation or computer program is a reference to any article in which the adaptation is reproduced in a material form.

Decompilation of computer program by lawful user

239.—(1) If the conditions in subsection (2) are met, it is a permitted use for a person (X) to decompile a computer program.

(2) The conditions are—

(a) the program is expressed in a low-level language;

(b) X is a lawful user of the program;

(c) the decompiling is necessary to obtain the information needed for the purpose of creating an independent computer program that can be operated with the decompiled program or another computer program;

(d) the information needed for that purpose is not otherwise readily available to X;

(e) X confines the decompiling to acts that are needed for that purpose;

(f) X does not use the information obtained from decompiling for anything other than that purpose;

(g) X does not supply the information obtained from decompiling to any person unless it is necessary for that purpose;

(h) X does not use the information obtained from decompiling to create a computer program that is substantially similar in its expression to the decompiled program; and

(i) X does not use the information obtained from decompiling to do any act that is an infringement of copyright.

(3) In this section, “decompiling”, in relation to a computer program expressed in a low-level language, means—

(a) converting the computer program into a version expressed in a higher level language; or

(b) copying the computer program incidentally in the course of paragraph (a),

and “decompile” has a corresponding meaning.

Observing, studying and testing of computer program by lawful user

240.—(1) If the conditions in subsection (2) are met, it is a permitted use for a person (X) to observe, study or test the functioning of a computer program.

(2) The conditions are—

(a) X is a lawful user of the program; and

(b) the observing, studying or testing is done—

(i) to determine the ideas and principles that underlie any element of the program; and

(ii) while X is performing any act of loading, displaying, running, transmitting or storing the program that X is entitled to do.

Copying or adapting of computer program by lawful user

241.—(1) If the conditions in subsection (2) are met, it is a permitted use for a person (X) to make a copy or an adaptation of a computer program.

(2) The conditions are—

(a) X is a lawful user of the program;

(b) making the copy or adaptation is necessary for X’s lawful use; and

(c) making the copying or adaptation is not a permitted use under section 237, 238 or 239.

(3) To avoid doubt, it may be necessary for the lawful use of a computer program to make a copy or an adaptation of the program to correct errors in the program.

Interpretation: who is a lawful user

242. In this Division, a person is a “lawful user” of a computer program if the person has a right to use the program (whether under a licence to do any act comprised in the copyright in the program or otherwise).

Division 8—Computational data analysis

Interpretation: what is computational data analysis

243. In this Division, “computational data analysis”, in relation to a work or a recording of a protected performance, includes—

(a) using a computer program to identify, extract and analyse information or data from the work or recording; and

(b) using the work or recording as an example of a type of information or data to improve the functioning of a computer program in relation to that type of information or data.

Illustration

An example of computational data analysis under paragraph (b) is the use of images to train a computer program to recognise images.

Copying or communicating for computational data analysis

244.—(1) If the conditions in subsection (2) are met, it is a permitted use for a person (X) to make a copy of any of the following material:

(a) a work;

(b) a recording of a protected performance.

(2) The conditions are—

(a) the copy is made for the purpose of—

(i) computational data analysis; or

(ii) preparing the work or recording for computational data analysis;

(b) X does not use the copy for any other purpose;

(c) X does not supply (whether by communication or otherwise) the copy to any person other than for the purpose of—

(i) verifying the results of the computational data analysis carried out by X; or

(ii) collaborative research or study relating to the purpose of the computational data analysis carried out by X;

(d) X has lawful access to the material (called in this section the first copy) from which the copy is made; and

Illustrations

(a) X does not have lawful access to the first copy if X accessed the first copy by circumventing paywalls.

(b) X does not have lawful access to the first copy if X accessed the first copy in breach of the terms of use of a database (ignoring any terms that are void by virtue of section 187).

(e) one of the following conditions is met:

(i) the first copy is not an infringing copy;

(ii) the first copy is an infringing copy but—

(A) X does not know this; and

(B) if the first copy is obtained from a flagrantly infringing online location (whether or not the location is subject to an access disabling order under section 325)—X does not know and could not reasonably have known that;

(iii) the first copy is an infringing copy but—

(A) the use of infringing copies is necessary for a prescribed purpose; and

(B) X does not use the copy to carry out computational data analysis for any other purpose.

(3) To avoid doubt, a reference in subsection (1) to making a copy includes a reference to storing or retaining the copy.

(4) It is a permitted use for X to communicate a work or a recording of a protected performance to the public if—

(a) the communication is made using a copy made in circumstances to which subsection (1) applies; and

(b) X does not supply (whether by communication or otherwise) the copy to any person other than for the purpose of—

(i) verifying the results of the computational data analysis carried out by X; or

(ii) collaborative research or study relating to the purpose of the computational data analysis carried out by X.

(5) For the purposes of this Act, the supply of copies of any material in circumstances to which this section applies—

(a) is not to be treated as publishing the material (or any work or recording included in the material); and

(b) must be ignored in determining the duration of any copyright in the material (or the included work).

Division 9—Communication of sound recordings and recordings of protected performances

Interpretation: what is an interactive service

245. In this Division, “interactive service”—

(a) means a service that enables an individual to receive—

(i) a transmission of a programme specially created for that individual; or

(ii) on request, a transmission (whether or not as part of a programme) of a particular sound recording or a particular recording of a protected performance that is selected by or on behalf of that individual;

(b) includes a service—

(i) that enables an individual to request that a particular sound recording or a particular recording of a protected performance be performed for reception—

(A) by the public at large; or

(B) in the case of a subscription service—by all subscribers of that service; and

(ii) where the programming on each channel of the service consists substantially of sound recordings or recordings of protected performances that are performed either within an hour of the request or at a time designated by that individual; but

(c) does not include a service to which paragraph (b)(i) applies but not paragraph (b)(ii).

Communication by analogue broadcast

246.—(1) If the conditions in subsection (2) are met, it is a permitted use for a person (X) to communicate—

(a) a sound recording; or

(b) a recording of a protected performance.

(2) The conditions are—

(a) the communication is by means of an analogue broadcast; and

(b) the recording—

(i) is not commercially published; or

(ii) is commercially published and X pays to the rights owner equitable remuneration of an amount—

(A) agreed between them; or

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

Communication by non-interactive digital broadcast

247.—(1) If the conditions in subsection (2) are met, it is a permitted use for a person (X) to communicate—

(a) a sound recording; or

(b) a recording of a protected performance.

(2) The conditions are—

(a) the communication is by means of a digital broadcast that—

(i) is not part of an interactive service; and

(ii) is available to the public free of charge; and

(b) the recording—

(i) is not commercially published; or

(ii) is commercially published and X pays to the rights owner equitable remuneration of an amount—

(A) agreed between them; or

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

(3) If the conditions in subsection (4) are met, it is a permitted use for a person (X) to communicate—

(a) a sound recording; or

(b) a recording of a protected performance.

(4) The conditions are—

(a) the communication is by means of a digital broadcast that—

(i) is not part of an interactive service; and

(ii) is not available to the public free of charge; and

(b) X pays to the rights owner equitable remuneration of an amount—

(i) agreed between them; or

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

Communication by other analogue or non-interactive digital transmission

248.—(1) If the conditions in subsection (2) are met, it is a permitted use for a person (X) to communicate—

(a) a sound recording; or

(b) a recording of a protected performance.

(2) The conditions are—

(a) the communication is an analogue transmission (but not an analogue broadcast); or

(b) the communication is a digital transmission (but not a digital broadcast) that is not part of an interactive service, and X pays to the rights owner equitable remuneration of an amount—

(i) agreed between them; or

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

Division 10—Films

Films depicting historical events

249.—(1) This section applies where—

(a) the visual images of a film consist wholly or mainly of images that, when they were first embodied in an article or a thing, were means of communicating news; and

(b) 50 years have passed since the end of the year during which the main events depicted in the film occurred.

(2) It is a permitted use to—

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

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

(c) do both of those acts.

Using record of sounds in films

250.—(1) This section applies where—

(a) the sounds embodied in the sound-track of a film are also embodied in a record; and

(b) the record is not the sound-track or derived, directly or indirectly, from the sound-track.

(2) Any use of the record is a permitted use of the film.

Division 11—Broadcasting, cable programmes and simulcasting

Making sound recordings or films of literary, dramatic and musical works for broadcasting

251.—(1) If the conditions in subsection (2) are met, it is a permitted use for a person (X) to make a copy of a literary, dramatic or musical work.

(2) The conditions are—

(a) the copy is a sound recording or film of the work;

(b) the copy is made for the sole purpose of broadcasting the work;

(c) X would not infringe the copyright in the work by broadcasting the work;

(d) the copy is used only—

(i) for the purpose of broadcasting the work in circumstances that do not constitute an infringement of the copyright in the work; or

(ii) to make more copies for that purpose;

(e) if X is not the person broadcasting the work—

(i) X pays the copyright owner an amount agreed between them for the making of the copy; or

(ii) X undertakes in writing to pay the copyright owner the amount that a Copyright Tribunal decides is equitable remuneration for the making of the copy; and

(f) within the prescribed time, every copy made under this section is—

(i) delivered to the National Archives with the consent of the Director of National Archives; or

(ii) destroyed.

Making films of artistic works for television broadcasting or cable programmes

252.—(1) If the conditions in subsection (2) are met, it is a permitted use for a person (X) to make a film of an artistic work.

(2) The conditions are—

(a) the film is made for the sole purpose of including the work in a television broadcast or cable programme;

(b) X would not infringe the copyright in the work by including it in a television broadcast or cable programme;

(c) the first copy of the film is used only—

(i) for the purpose of including the work in a television broadcast or cable programme in circumstances that do not infringe the copyright in the work; or

(ii) to make further copies for that purpose;

(d) if X is not the maker of the television broadcast or cable programme—

(i) X pays to the copyright owner an amount agreed between them for the making of the film; or

(ii) X undertakes in writing to pay the copyright owner the amount that a Copyright Tribunal decides is equitable remuneration for the making of the film; and

(e) within the prescribed time, every copy of the film made under this section is—

(i) delivered to the National Archives with the consent of the Director of National Archives; or

(ii) destroyed.

Copying sound recordings or recordings of performances for broadcasting

253.—(1) If the conditions in subsection (2) are met, it is a permitted use for a person (X) to—

(a) make a copy of—

(i) a sound recording; or

(ii) a recording of a protected performance; or

(b) record a protected performance live.

(2) The conditions are—

(a) the copy or recording is made for the sole purpose of broadcasting the recording;

(b) the copy or recording is used only—

(i) for the purpose of broadcasting the copy or recording in circumstances that do not constitute a rights infringement in relation to the sound recording or protected performance; or

(ii) to make further copies for that purpose;

(c) if X is not the person broadcasting the recording—

(i) X pays to the rights owner an amount agreed between them for the making of the copy or recording; or

(ii) X undertakes in writing to pay the rights owner the amount that a Copyright Tribunal decides is equitable remuneration for the making of the copy or recording; and

(d) within the prescribed time, every copy or recording made under this section is—

(i) delivered to the National Archives with the consent of the Director of National Archives; or

(ii) destroyed.

Checking whether broadcast of sound recording or recording of performance is lawful

254.—(1) This section applies where a sound recording, a protected performance or a recording of a protected performance is intended for broadcast or is broadcast.

(2) The following acts are permitted uses if they are done for the purpose of checking whether the broadcast or intended broadcast complies with any written law administered by a statutory authority:

(a) making a copy of the sound recording or recording of the protected performance for the authority;

(b) supplying the sound recording or recording of the protected performance to the authority;

(c) any use of the sound recording or recording of the protected performance by the authority or any of its authorised officers;

(d) recording the protected performance live.

Making sound recordings or films of literary, dramatic or musical works for simulcasting

255.—(1) If the conditions in subsection (2) are met, it is a permitted use for a person to make a copy of a literary, dramatic or musical work.

(2) The conditions are—

(a) the copy is a sound recording or film of the work;

(b) broadcasting the work would not infringe the copyright in the work;

(c) the copy is made for the sole purpose of simulcasting the work in digital form;

(d) the copy is used only—

(i) for the purpose of simulcasting the work in circumstances that do not constitute an infringement of the copyright in the work; or

(ii) to make more copies for that purpose; and

(e) every copy made under this section is destroyed within the prescribed time.

(3) In this section and section 256, “simulcasting” means simultaneously broadcasting in both analogue form and digital form.

Copying sound recordings, recordings of performances, or films for simulcasting

256.—(1) If the conditions in subsection (2) are met, it is a permitted use to make a copy of any of the following material:

(a) a sound recording;

(b) a film;

(c) a recording of a protected performance.

(2) The conditions are—

(a) broadcasting the material would not be a rights infringement in relation to the material;

(b) the copy is made for the sole purpose of simulcasting the material in digital form;

(c) the copy is used only—

(i) for the purpose of simulcasting the material in circumstances that do not constitute a rights infringement in relation to the material; or

(ii) to make further copies for that purpose; and

(d) every copy of the material made under this section is destroyed within the prescribed time.

Reception of broadcasts or cable programmes

257.—(1) It is a permitted use of a literary, dramatic or musical work for a person to—

(a) receive a broadcast or a cable programme; and

(b) thereby cause the work to be seen or heard (or both) in public.

(2) It is a permitted use of a sound recording or a recording of a protected performance for a person to—

(a) receive a broadcast or a cable programme; and

(b) thereby cause the recording to be heard in public.

Deemed copyright licences when receiving or transmitting broadcasts or cable programmes

258.—(1) A person is deemed to have the licence of the copyright owner of a film to—

(a) cause the visual images of the film to be seen in public or any sounds of the film to be heard in public (or both) by receiving a television broadcast or cable programme; and

(b) cause the film to be included in a programme in a cable programme service by receiving and immediately re-transmitting a Singapore broadcast.

(2) A person is deemed to have the licence of the copyright owner of a sound recording to—

(a) cause the recording to be heard in public by receiving a broadcast or cable programme; and

(b) cause the recording to be included in a programme in a cable programme service by receiving and immediately re-transmitting a Singapore broadcast.

(3) A person is deemed to have the licence of the copyright owner of an authorial work (or of an adaptation of the work) to cause the work (or the adaptation) to be included in a programme in a cable programme service by receiving and immediately re-transmitting a Singapore broadcast.

(4) To avoid doubt, subsections (1)(b), (2)(b) and (3) do not extend to making the film, recording, work or adaptation available on a network.

(5) If the broadcast or cable programme mentioned in subsection (1), (2) or (3) is not made by or with the licence of the relevant copyright owner—

(a) this does not prevent any of those provisions from applying; but

(b) the acts that are licensed by those provisions must be taken into account in assessing damages for any infringement of the copyright by the maker of the broadcast or programme.

(6) In this section, “Singapore broadcast” means a broadcast made from a place in Singapore by the holder of a broadcasting licence.

Division 12—Making musical records

Interpretation and scope of this Division

259.—(1) In this Division—

“musical work” means a musical work in its original form or an adaptation of the work;

“owner”, in relation to the copyright in a literary, dramatic or musical work, means, unless the contrary intention appears, the person who is entitled to authorise the making in, and the importation into, Singapore of records of the works;

“record”, in relation to a musical work, excludes a sound-track of a film;

“sale by retail” or “retail sale”, in relation to a record, does not include—

(a) sale for a consideration that does not consist wholly of money; or

(b) sale by a person who does not ordinarily carry on the business of making or selling records.

(2) In this Division, where a musical work is comprised partly in one record and partly in another record or other records, all the records are treated as a single record.

(3) Subject to section 260(4), this Division applies in relation to a record of a part of a musical work as it applies in relation to a record of the whole of the work.

Conditions for making musical records

260.—(1) Subject to subsections (3) and (4), it is a permitted use for a person (X) to make a record of a musical work (or of an adaptation of the work) if—

(a) the record is made in Singapore;

(b) other records of the work (or of a similar adaptation of the work) have previously been made in Singapore, or imported into Singapore, for retail sale or for making further records for retail sale;

(c) those other records were made or imported by or with the licence of the copyright owner;

(d) before making the record, X gives the prescribed notice to the copyright owner;

(e) X intends to—

(i) sell the record by retail;

(ii) supply the record to another person for it to be sold by retail; or

(iii) use the record to make other records to be sold by retail or supplied to other persons to be sold by retail; and

(f) in the case of paragraph (e)(i) or (ii), X pays to the copyright owner the prescribed royalty in the prescribed manner and within the prescribed time.

(2) Subsection (1)(b) and (c) is deemed to be satisfied if X, or any person that makes an agreement with X to make and supply the record—

(a) makes the prescribed inquiries; and

(b) receives no answer within the prescribed time.

(3) Subsection (1) does not apply to making a record of an adaptation of a musical work if the adaptation debases the work.

(4) Subsection (1) does not apply in relation to—

(a) a record of the whole of a musical work unless the previous records mentioned in subsection (1)(b) are records of the whole of the work; and

(b) a record of a part of a musical work unless the previous records mentioned in subsection (1)(b) are records of, or include, that part of the work.

Conditions for including literary or dramatic work in musical record

261.—(1) This section applies where—

(a) a person (X) makes a record of a performance of a musical work; and

(b) in the recorded performance, some or all of the words of a literary or dramatic work are sung, or spoken, incidentally to or in association with the music.

(2) The making of the record is a permitted use of the literary or dramatic work if—

(a) the record is made in Singapore;

(b) either—

(i) the making of the record is a permitted use of the musical work under section 260; or

(ii) copyright does not subsist in the musical work;

(c) records of the musical work have previously been made in Singapore, or imported into Singapore, for retail sale or for making other records for retail sale;

(d) those records were made or imported by or with the licence of the owner of the copyright in the literary or dramatic work;

(e) in those records, the words mentioned in subsection (1) or substantially similar words are sung, or spoken, incidentally to or in association with the music;

(f) before making the record, X gives the prescribed notice to the owner of the copyright in the literary or dramatic work; and

(g) X pays to the owner of the copyright in the literary or dramatic work the prescribed royalty in the prescribed manner and within the prescribed time.

(3) Subsection (2)(c) and (d) is deemed to be satisfied if X or the person selling the record—

(a) makes the prescribed inquiries; and

(b) receives no answer within the prescribed time.

Regulations and inquiry on amount of royalties

262.—(1) The Minister may make regulations to prescribe the royalty payable to a copyright owner under this Division, including any minimum royalty and any circumstances in which no royalty or no further royalty needs to be paid or apportioned.

(2) The Minister may request a Copyright Tribunal to inquire into and report on whether the royalty prescribed under subsection (1) is equitable (whether generally or for a class of records).

(3) Where a report is made under subsection (2) in respect of a class of records (whether or not the report is confined to those records), the Minister may not request another inquiry in respect of that class of records within 5 years after the report is made.

(4) To avoid doubt, the power to make regulations under subsection (1) does not depend on and is not limited by subsections (2) and (3).

(5) In this section, “Minister” means the Minister charged with the responsibility for trade and industry.

Regulations on other matters

263. The Minister may prescribe any matter for the purpose of this Division (other than matters that may be prescribed under section 262), including—

(a) the manner in which, and the time within which, the royalty for a record must be paid;

(b) requiring the royalty (or any part of the royalty) for a record is to be paid before the record is sold or supplied by the person making the record;

(c) providing that the royalty for a record is deemed to be paid—

(i) by doing a specified act that the Minister considers convenient for ensuring that the copyright owner receives the royalty; or

(ii) if the copyright owner cannot be found by reasonable inquiry—by doing a specified act that the Minister considers reasonable; and

(d) any other circumstances in which the royalty is deemed to be paid.

Modifications relating to records made before 10 April 1987

264.—(1) This section applies to a record made before 10 April 1987 of a musical work.

(2) If the record is made by (or with the consent or acquiescence of) the owner of the copyright in the work under the 1911 Act, the record is deemed, for the purposes of this Division—

(a) to have been made in Singapore for the purpose of retail sale; and

(b) to have been so made by or with the licence of the person who is entitled under this Act to authorise the making in Singapore of records of the work.

(3) The following written laws as in force immediately before 10 April 1987 continue to apply in relation to the record:

(a) section 19(2) to (7) of the 1911 Act;

(b) subject to that section, any regulations made for the purposes of that section.

Division 13—Artistic works

Buildings and certain artistic works in public places

265.—(1) This section applies to the following artistic works:

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

(b) a sculpture located (other than temporarily) in a public place or in premises open to the public;

(c) a work under paragraph (a)(iii) of the definition of “artistic work” in section 20(1), but only if it is located (other than temporarily) in a public place or in premises open to the public.

(2) The following are permitted uses of the work:

(a) making a painting, a drawing, an engraving or a photograph of the work;

(b) publishing a painting, a drawing, an engraving or a photograph of the work, but only if—

(i) the painting, drawing, engraving or photograph is made on or after 10 April 1987; or

(ii) the painting, drawing, engraving or photograph was made before 10 April 1987 and the making would have been a permitted use under paragraph (a) if this Act had been in operation at the time of the making;

(c) including the work in a film;

(d) publishing a film that includes the work, but only if—

(i) the film is made on or after 10 April 1987; or

(ii) the film was made before 10 April 1987 and the making would have been a permitted use under paragraph (c) if this Act had been in operation at the time of the making;

(e) including the work in a television broadcast or cable programme.

Incidental inclusion in film, television broadcast or cable programme

266.—(1) If the condition in subsection (2) is met, it is a permitted use of an artistic work to—

(a) include the work in a film, television broadcast or cable programme; or

(b) publish a film that includes the work, but only if the film is made on or after 10 April 1987.

(2) The inclusion must be only incidental to the main content of the film, broadcast or programme.

Copying artistic work in different dimensions

267.—(1) If the condition in subsection (2) is met, it is a permitted use of an artistic work to—

(a) if the work is 2-dimensional—make a 3-dimensional object of any kind; and

(b) if the work is 3-dimensional—make a 2-dimensional object of any kind.

(2) The object must not appear, to persons who are not experts in objects of that kind, to be a copy of the work.

Copying part of artistic work in later artistic work

268.—(1) It is a permitted use of an artistic work to make a later artistic work if—

(a) both works are made by the same author; and

(b) the later work does not repeat or imitate the main design of the earlier work.

(2) Subsection (1) applies even if—

(a) part of the earlier work is reproduced in the later work; and

(b) in making the later work, the author uses a mould, cast, sketch, plan, model or study made for the purposes of the earlier work.

Reconstruction of buildings

269.—(1) It is a permitted use of an artistic work, being a building, to reconstruct the building.

(2) It is a permitted use of architectural drawings or plans to reconstruct a building according to those drawings or plans if—

(a) another building has earlier been constructed according to those drawings or plans; and

(b) the earlier construction is done by or with the consent of the copyright owner (either at the time of the earlier construction or after that).

Division 14—Artistic works with corresponding designs and industrially applied artistic works

Interpretation of this Division

270. In this Division—

“corresponding design”, in relation to an artistic work, has the meaning given by section 2(1) of the Registered Designs Act;

“device” means a device for projecting a non-physical product (as defined by section 2(3) of the Registered Designs Act);

“exclusive rights”, in relation to a design that is or could have been registered under the Registered Designs Act, means all the exclusive rights that the registration of a design under that Act gives or would give to the registered owner of the design;

“product” means a non-physical product as defined by section 2(1) of the Registered Designs Act;

“register” means register under the Registered Designs Act;

“registered design” means a design that is registered under the Registered Designs Act;

“similar design”, in relation to a corresponding design, means a design that consists of the corresponding design with modifications or variations not sufficient to alter the character or substantially to affect the identity of the corresponding design;

“UK Act” means the Registered Designs Act 1949 of the United Kingdom (U.K. 1949, c. 88).

Purpose of this Division

271. The purpose of this Division is to restrict the application of copyright law in relation to an artistic work with a corresponding design that is, has been or could be applied to—

(a) articles or products, under the Registered Designs Act; or

(b) useful articles.

Artistic work with corresponding design that is or was registered under Registered Designs Act

272.—(1) This section applies where there is, in relation to an artistic work, a corresponding design that is or is deemed to be registered.

(2) Subject to section 273, it is a permitted use of the artistic work to—

(a) while the registration is still in force—do any act that is within the exclusive rights in the corresponding design; or

(b) after the registration is no longer in force—do any act that would have been within—

(i) the exclusive rights in the corresponding design; or

(ii) the exclusive rights in any possible similar design,

if the corresponding design and all possible similar designs had been registered in respect of all the articles and products to which they were capable of being applied.

Modification of section 272 if registration is false

273.—(1) Subject to subsection (2), section 272 does not apply in any proceedings for an infringement of the copyright in the artistic work if—

(a) the registration of the corresponding design is still in force before the proceedings begin; and

(b) it is proved or admitted in those proceedings that—

(i) the person registered or deemed to be registered as the owner of the design is not in fact—

(A) the owner of the design for the purposes of the Registered Designs Act; or

(B) the proprietor of the design for the purposes of the UK Act; and

(ii) the person is registered as the owner or proprietor of the design without the knowledge of the owner of the copyright in the artistic work.

(2) Despite subsection (1), section 272 still applies to an act to which those proceedings relate if it is proved or admitted in those proceedings that the act was done—

(a) under an assignment made, or licence granted, by the registered owner of the design;

(b) in good faith in reliance upon the registration; and

(c) without notice of any proceedings for the cancellation or revocation of the registration (as the case may be) or for rectifying the entry in the relevant register of designs.

(3) If section 272 does not apply to any proceedings by virtue of this section, nothing in any law relating to industrial design is to be construed as affording a defence in those proceedings.

Artistic work with industrially-applied corresponding design that could have been registered under Registered Designs Act

274.—(1) Subject to subsection (3), this section applies where—

(a) copyright subsists in an artistic work;

(b) there is a corresponding design in relation to the work;

(c) the corresponding design is applied industrially (whether in Singapore or elsewhere) to articles or products;

(d) the industrial application is done by or with the consent of the copyright owner;

(e) those articles or products, or devices for projecting those products, are commercially dealt with; and

(f) when those articles, products or devices are commercially dealt with, no corresponding design relating to those articles or products is or is deemed to be registered.

(2) Subject to subsection (3), it is a permitted use of the artistic work to—

(a) during the period of 15 years starting from the date of the first commercial dealing in those articles, products or devices—do any act that would have been within the exclusive rights in the corresponding design if the design had been registered in respect of all of those articles and products; and

(b) after the end of that period—do any act that would have been within—

(i) the exclusive rights in the corresponding design; or

(ii) the exclusive rights in any possible similar design,

if the corresponding design and all possible similar designs had been registered in respect of all of those articles and products to which they are capable of being applied.

(3) For the purposes of subsections (1) and (2), an article, a product or a device must be ignored if—

(a) the corresponding design applied to the article or product is primarily literary or artistic in character; and

(b) when the article, product or device is commercially dealt with, designs for the article, product or device are excluded from registration by rules made under the Registered Designs Act or the UK Act.

(4) For the purposes of any proceedings under this Act, a design is conclusively presumed to have been excluded under subsection (3) if—

(a) before those proceedings begin—

(i) an application for the registration of the design in respect of the article or product under the Registered Designs Act has been refused; or

(ii) an application made before 13 November 2000 for the registration of the design in respect of the article under the UK Act has been refused;

(b) a (or the) stated reason for the refusal was that the design was excluded from registration by rules made under the Registered Designs Act or the UK Act; and

(c) no appeal against that refusal—

(i) is allowed before the proceedings begin; or

(ii) is pending when the proceedings begin.

(5) Regulations may prescribe what constitutes the industrial application of a design for the purposes of this section.

(6) For the purposes of this section, an article, a product or a device is commercially dealt with if it is sold, let for hire, or offered or exposed for sale or hire (whether in Singapore or elsewhere) and “commercial dealing” has a corresponding meaning.

Artistic works that have been industrially applied

275.—(1) If the condition in subsection (2) is met, it is a permitted use of an artistic work to make—

(a) a useful article in 3 dimensions;

(b) a 2-dimensional copy that is reasonably required to make a useful article in 3 dimensions; or

(c) a product.

(2) The work must have been applied industrially (whether in Singapore or elsewhere) before the article, copy or product was made.

(3) Regulations may prescribe what constitutes the industrial application of a work for the purposes of this section.

(4) In this section, “useful article”—

(a) means an article with an intrinsic utilitarian function that is not merely to portray the appearance of the article or to convey information; and

(b) includes an article that is normally part of a useful article.

Application to artistic works made before 10 April 1987

276. This Division (except section 275) does not apply to an artistic work made before 10 April 1987.

Division 15—Material in public registers, publicly disclosed material and data sharing within public sector

Interpretation: what is a public register

277.—(1) In this Division, “public register”—

(a) subject to paragraphs (b) and (c), means any collection (however named) of documents or materials to which the following criteria apply:

(i) the collection is maintained by the Government or a public body under any written law;

(ii) the Government or public body (as the case may be) is required or permitted by law—

(A) to open the collection for inspection by the public (whether for a fee or not); or

(B) to provide copies of the documents or materials to a member of the public (whether for a fee or not);

(b) includes any prescribed collection of documents or materials; and

(c) does not include a public collection and any prescribed collection of documents or materials.

(2) For the purposes of subsection (1)(a)(ii) and without otherwise affecting the meaning of “public” in this Act, public includes a segment of the public.

Copying or communicating material in public registers

278.—(1) If the conditions in subsection (2) are met, it is a permitted use to—

(a) make a copy of any of the following material:

(i) a work;

(ii) a recording of a protected performance; or

(b) communicate the material to the public.

(2) The conditions are—

(a) the material is part of a public register;

(b) if the register is maintained by the Government—the copy or communication is made by or with the authority of the Government;

(c) if the register is maintained by a public body—the copy or communication is made by or with the authority of the public body; and

(d) the copy or communication is made—

(i) to facilitate the inspection of the register, or the provision of copies from the register, as required or permitted by law;

(ii) to facilitate the exercise of any right that the law mentioned in sub-paragraph (i) is meant to facilitate; or

(iii) for the purpose of maintaining the register.

(3) Where—

(a) an act is a permitted use of any material under this section; and

(b) copies of the material are supplied to the public as part of, or incidentally to, that act,

the supply of those copies—

(c) is not to be treated, for the purposes of this Act, as publishing the material (or any work or recording included in the material); and

(d) must be ignored in determining the duration of any copyright in the material (or the included work).

Copying literary or artistic works in public registers

279.—(1) If the conditions in subsection (2) are met, it is a permitted use to make a copy of a literary or an artistic work.

(2) The conditions are—

(a) the work is part of a public register;

(b) if the register is maintained by the Government—the copy is made by or with the authority of the Government;

(c) if the register is maintained by a public body—the copy is made by or with the authority of the public body;

(d) the copy is limited to factual information of any description in the work; and

(e) the copy is not supplied to the public.

Interpretation: what is publicly disclosed material

280.—(1) In this Division, a work or a recording of a protected performance is publicly disclosed material if—

(a) it is in the possession, custody or control of the Government or a public body;

(b) it is supplied, communicated or otherwise disclosed to the public by or with the authority of the Government or public body; and

(c) the supply, communication or disclosure is required or permitted by law (other than this Act).

(2) For the purposes of subsection (1)(b) and without otherwise affecting the meaning of “public” in this Act, public includes a segment of the public.

Copying or communicating publicly disclosed material

281.—(1) If the conditions in subsection (2) are met, it is a permitted use to—

(a) make a copy of any of the following material:

(i) a work;

(ii) a recording of a protected performance; or

(b) communicate the material to the public.

(2) The conditions are—

(a) the material—

(i) is already publicly disclosed material; or

(ii) becomes publicly disclosed material by virtue of a copy of the material being supplied as part of, or incidentally to, the act of making or communicating the copy;

(b) if the material is in the possession, custody or control of the Government—the copy or communication is made by or with the authority of the Government;

(c) if the material is in the possession, custody or control of a public body—the copy or communication is made by or with the authority of the public body; and

(d) the copy or communication is made—

(i) to facilitate the more convenient viewing or hearing of the material; or

(ii) for the purpose of supplying, communicating or disclosing the material as required or permitted by the law mentioned in section 280(1)(c).

(3) Where—

(a) an act is a permitted use of any material under this section; and

(b) copies of the material are supplied to the public as part of, or incidentally to, that act,

the supply of those copies—

(c) is not to be treated, for the purposes of this Act, as publishing the material (or any work or recording included in the material); and

(d) must be ignored in determining the duration of any copyright (or the included work).

Copying literary or artistic works that are publicly disclosed material

282.—(1) If the conditions in subsection (2) are met, it is a permitted use to make a copy of a literary or an artistic work.

(2) The conditions are—

(a) the work is publicly disclosed material;

(b) if the work is in the possession, custody or control of the Government—the copy is made by or with the authority of the Government;

(c) if the work is in the possession, custody or control of a public body—the copy is made by or with the authority of the public body;

(d) the copy is limited to factual information of any description in the work; and

(e) the copy is not supplied to the public.

Data sharing within public sector

283.—(1) If the conditions in subsection (2) are met, it is a permitted use to—

(a) make a copy of any of the following material:

(i) a work;

(ii) a recording of a protected performance; or

(b) communicate the material.

(2) The conditions are—

(a) the material is in the possession, custody or control of the Government or a public body;

(b) the copy or communication is made by a public body for the purpose of complying with a data sharing direction; and

(c) copies of the material are not supplied, communicated or otherwise disclosed to any person otherwise than for the purpose of complying with the direction.

(3) For the purposes of this Act, the supply of copies of any material in circumstances to which this section applies—

(a) is not to be treated as publishing the material (or any work or recording included in the material); and

(b) must be ignored in determining the duration of any copyright in the material (or the included work).

(4) In this section, “data sharing direction” has the meaning given by section 2(1) of the Public Sector Governance Act 2018.

Division 16—Acts for service of Government

Interpretation: what is a public act

284.—(1) In this Division, “public act” means any act that is—

(a) done by—

(i) the Government; or

(ii) a person with the written authority of the Government—

(A) whether the authority is given before or after the act; and

(B) whether or not the person also has the licence of the relevant rights owner to do the act; and

(b) done for the service of the Government.

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

(a) where the Government agrees or arranges with another country to supply goods to that country for its defence, the following acts are taken to be for the service of the Government:

(i) any act done in connection with supplying those goods under the agreement or arrangement;

(ii) the sale of any of those goods that are not required under the agreement or arrangement; and

(b) copying an authorial work for the teaching purposes of an educational institution of, or under the control of, the Government is not an act done for the service of the Government.

Public act is permitted use

285.—(1) A public act in relation to a work or protected performance is a permitted use.

(2) As soon as practicable after a public act is done, the Government must—

(a) inform the relevant rights owner; and

(b) give the rights owner any information that the rights owner may reasonably require from time to time.

(3) However, subsection (2) does not require the Government to do anything that it considers to be against the public interest.

Terms for doing public act

286.—(1) The terms for doing a public act are to be—

(a) agreed between the Government and the rights owner (whether before or after the act is done); or

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

(2) Unless it is approved by the Minister, an agreement or a licence that fixes the terms on which a person (other than the Government) may do a public act is void to the extent that it purports to apply to any act done after 10 April 1987.

(3) Subsection (2) applies to any agreement or licence made or granted before, on or after 10 April 1987.

Public act does not constitute publication

287. A public act—

(a) is not to be treated, for the purposes of this Act, as publishing a work or a recording of a protected performance; and

(b) must be ignored in determining the duration of any copyright under this Act.

Protection of purchaser in sale in the course of public act

288.—(1) This section applies where, by virtue of section 285, the sale of an article is not a rights infringement.

(2) The purchaser and any person claiming through the purchaser is entitled to deal with the article as if the Government is the rights owner.

Modification when exclusive copyright licence in force

289. In this Division (except section 288), “rights owner”, in relation to any copyright that is subject to an exclusive licence, means the exclusive licensee.

Division 17—Judicial proceedings and legal advice

Acts done for judicial proceedings

290.—(1) It is a permitted use of a work or protected performance to do anything for the purposes of—

(a) a judicial proceeding; or

(b) reporting a judicial proceeding.

(2) In this section, “judicial proceeding” means a proceeding before any court, tribunal or person having by law power to hear, receive and examine evidence on oath.

Acts done for seeking legal advice

291. It is a permitted use of a work or protected performance to do anything—

(a) for the purpose of seeking professional advice from an advocate and solicitor; or

(b) for the purpose of, or in the course of, the giving of professional advice by an advocate and solicitor.

Division 18—Miscellaneous

Temporary copies made in the course of communication

292.—(1) If the conditions in subsection (2) are met, it is a permitted use to make a temporary copy of—

(a) a work; or

(b) a recording of a protected performance.

(2) The conditions are—

(a) the temporary copy is made incidentally as part of the technical process of making or receiving a communication;

(b) the act of making the communication is not a rights infringement;

(c) the communicated copy—

(i) is made in Singapore and is not an infringing copy of the work or performance; and

(ii) is made outside Singapore and would not, had it been made in Singapore, be an infringing copy of the work or performance; and

(d) if the work is an adaptation of a literary, dramatic or musical work, the communicated copy—

(i) is made in Singapore and is not an infringing copy of the adaptation; and

(ii) is made outside Singapore and would not, had it been made in Singapore, be an infringing copy of the adaptation.

(3) This section does not permit any subsequent use of the temporary copy.

Temporary copies made in user caching

293.—(1) If the conditions in subsection (2) are met, it is a permitted use to make a temporary and incidental electronic copy of—

(a) a work; or

(b) a recording of a protected performance.

(2) The conditions are—

(a) the copy is made from an electronic copy of the work or recording that is made available on a network; and

(b) the making of the firstmentioned copy is needed for a user of the network (or another network) to see, hear or use the work or recording.

Transfer of electronic copy of material

294.—(1) This section applies where—

(a) an electronic copy of any material (called in this section the first copy) is purchased on or after 15 December 1999; and

(b) the terms of purchase (whether expressed or implied), or any rule of law, allow the purchaser to do any of the following acts in connection with the use of the copy:

(i) make a copy of the material;

(ii) make an adaptation of the material;

(iii) make a copy of an adaptation of the material.

(2) If the purchaser transfers the first copy, any act done by the transferee in relation to the copy is a permitted use of a work or protected performance if—

(a) the purchaser is allowed to do the act; and

(b) there is no express term that—

(i) prohibits the purchaser from transferring the copy;

(ii) imposes an obligation on the purchaser or transferee that continues after the transfer;

(iii) prohibits the assignment of any licence in relation to the material;

(iv) terminates any licence in relation to the material if the copy is transferred; or

(v) regulates the terms on which the transferee may do the acts that the purchaser is allowed to do.

(3) However, after the transfer, any copy (including the first copy), adaptation or copy of an adaptation that is retained by the purchaser is to be treated as an infringing copy of the work or performance, as the case may be.

(4) Subsections (2) and (3) also apply where the first copy is unusable and a further copy is transferred instead.

(5) Subsections (2), (3) and (4) also apply to a subsequent transfer, and for this purpose a reference to the purchaser in subsections (2) and (3) is to be read as a reference to the subsequent transferor.

Reading or recitation of literary or dramatic works

295.—(1) If the conditions in subsection (2) are met, it is a permitted use to—

(a) read or recite, in public, an extract from a literary or dramatic work; or

(b) include, in a communication of a reading or recitation, an extract from a literary or dramatic work.

(2) The conditions are—

(a) the work has been published;

(b) the extract is of a reasonable length; and

(c) the work is sufficiently acknowledged.

Religious performances of literary, dramatic or musical works

296.—(1) If the conditions in subsection (2) are met, it is a permitted use to perform a literary, dramatic or musical work.

(2) The conditions are—

(a) the work is of a religious nature; and

(b) the performance is in the course of services at a place of worship or other religious assembly.

Using adaptations of literary, dramatic or musical works

297.—(1) Subject to subsection (2), where an act in relation to a literary, dramatic or musical work is a permitted use of the work under any provision of this Part, the same act in relation to an adaptation of the work is also a permitted use.

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

(a) if it is a condition of the permitted use that the work must be sufficiently acknowledged, the condition applies to both an act done in relation to the work and an act done in relation to the adaptation; and

(b) subject to any prescribed modification, any other condition of the permitted use, so far as it relates to the work, is to be read as a condition relating to the adaptation.

Illustration

Reading an extract of an adaptation of a literary work is a permitted use of the work under section 295 if the adaptation has been published, the extract is of a reasonable length, and the work is sufficiently acknowledged.

Copying published editions of authorial work in course of permitted use of authorial work

298. It is a permitted use of a published edition of an authorial work (or authorial works) to make a copy of the edition in the course of any other permitted use of that work (or any, some or all of those works).

Private and domestic use

299.—(1) If the condition in subsection (2) is met, it is a permitted use for a person to—

(a) make a copy of any of the following material:

(i) a broadcast;

(ii) a cable programme;

(iii) a recording of a protected performance; or

(b) record a protected performance live.

(2) The copy or recording must be for the private and domestic use of the person.

(3) A permitted use under subsection (1)(a) is also a permitted use of a work or protected performance included in the material.

(4) A permitted use under subsection (1)(b) is also a permitted use of a work included in the performance.

(5) For the purposes of this section, a copy or recording is not made for private and domestic use if it is made for the purpose of—

(a) commercial dealing;

(b) broadcasting;

(c) inclusion in a cable programme; or

(d) causing the relevant visual images and sounds to be seen or heard (or both) in public.

Recording performance, etc., in mistaken belief of authorisation

300.—(1) If the condition in subsection (2) is met, it is a permitted use for a person (X) to do any of the following acts:

(a) make a copy of a recording of a protected performance;

(b) record a protected performance live.

(2) Because of a fraudulent or an innocent misrepresentation made to X, X believes that the rights owner has authorised X to do the act.

Division 19—Notation of copies

When and how should a copy be notated

301.—(1) Where a copy (including a microform copy and an accessible format copy) of a work, or of a recording of a protected performance, is required to be notated according to this section, the notation must—

(a) in the case of a copy made under Division 4 (persons with print disabilities)—

(i) be in the form of a sound recording of a prescribed message;

(ii) be embodied in the copy when the copy is made; and

(iii) be embodied in a way that the message can be heard immediately before the underlying work or performance is heard;

(b) in the case of a copy made under section 227 or 232 (relating to public collections)—

(i) be made on or attached to the copy at or about the time the copy is made;

(ii) state the institution (or the custodian of a public collection)—

(A) that made the copy; or

(B) on whose behalf the copy is made; and

(iii) state the date on which the copy is made; and

(c) in any other case—

(i) be made on the copy at or about the time the copy is made;

(ii) state the institution (or the custodian of a public collection)—

(A) that made the copy; or

(B) on whose behalf the copy is made; and

(iii) state the date on which the copy is made.

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

(a) a copy is made on behalf of an institution if it is made or caused to be made—

(i) by an authorised officer of a library of the institution; or

(ii) by or on behalf of the body administering the institution; and

(b) a copy is made on behalf of the custodian of a public collection (other than a library of an institution) if it is made or caused to be made by an authorised officer of the custodian.

(3) In this section, “microform copy”, in relation to the whole or a part of a work, means a copy of the whole or part of the work produced by miniaturising the graphic symbols of which the work is composed.

Presumptions relating to notated copy

302.—(1) In the following proceedings, a copy that is notated in accordance with section 301 is prima facie proof of the notated matters:

(a) proceedings for rights infringements;

(b) proceedings for contravening any provision of this Act;

(c) proceedings in a Copyright Tribunal to decide the amount of equitable remuneration for making the copy.

(2) For the purpose of subsection (1), unless the contrary is proved, a copy is presumed to be notated at the time required in section 301 if it appears to be otherwise notated in accordance with that section.

Making false or misleading notation

303.—(1) A person commits an offence if—

(a) the person makes a notation that is for, or appears to be for, the purposes of section 301; and

(b) the person knows or ought reasonably to know that the notation contains any material information that is false or misleading.

(2) A person convicted of an offence under subsection (1) shall be liable on conviction to a fine not exceeding $2,000.