Copyright Act 2021/Part 8

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PART 8
OFFENCES
Division 1—Offences with commercial element

Commercial dealings, etc., in infringing copies

444.—(1) A person commits an offence if—

(a) at any time when copyright subsists in a work, the person does any of the following acts:

(i) makes an article for sale or hire;

(ii) deals commercially in an article;

(iii) imports an article for the purpose of commercial dealing;

(iv) possesses an article for the purpose of commercial dealing; and

(b) when doing the act, the person knows or ought reasonably to know that the article is an infringing copy of the work.

(2) A person commits an offence if—

(a) at any time during the protection period of a performance, the person does any of the following acts:

(i) makes an article for sale or hire;

(ii) deals commercially in an article;

(iii) imports an article for the purpose of commercial dealing;

(iv) possesses an article for the purpose of commercial dealing; and

(b) when doing the act, the person knows or ought reasonably to know that the article is an infringing copy of the performance.

Infringement for commercial advantage, etc.

445. A person commits an offence if the person—

(a) wilfully commits a rights infringement for commercial advantage; or

(b) commits a copyright infringement under section 150.

Making or possessing article capable of making infringing copies

446.—(1) A person commits an offence if—

(a) at any time when copyright subsists in a work, the person makes or possesses an article specifically designed or adapted for making infringing copies of the work; and

(b) the person knows or ought reasonably to know that the article is to be used to make infringing copies of the work for the purpose of commercial dealing.

(2) A person commits an offence if—

(a) at any time during the protection period of a performance, the person makes or possesses an article specifically designed or adapted for making infringing copies of the performance; and

(b) the person knows or ought reasonably to know that the article is to be used to make infringing copies of the performance for the purpose of commercial dealing.

Punishment

447.—(1) A person convicted of an offence under section 444 shallbe liable—

(a) in the case of an individual—

(i) to a fine not exceeding the higher of the following:

(A) $100,000;

(B) $10,000 for each article in respect of which the offence is committed;

(ii) to imprisonment for a term not exceeding 5 years; or

(iii) to both; and

(b) in any other case—to a fine not exceeding the higher of the following:

(i) $200,000;

(ii) $20,000 for each article in respect of which the offence is committed.

(2) A person convicted of an offence under section 445 or 446 shall be liable—

(a) in the case of an individual—to a fine not exceeding $100,000 or to imprisonment for a term not exceeding 5 years or to both; and

(b) in any other case—to a fine not exceeding $200,000.

Division 2—Offences without commercial element

Distribution, etc., of infringing copies of works

448. A person commits an offence if—

(a) at any time when copyright subsists in a work, the person does any of the following acts:

(i) distributes an article—

(A) other than for the purposes of trade; and

(B) to an extent that will prejudicially affect the copyright owner;

(ii) imports an article for the purpose of distributing the article—

(A) other than for the purposes of trade; and

(B) to an extent that will prejudicially affect the copyright owner;

(iii) possesses an article for the purpose of distributing the article—

(A) other than for the purposes of trade; and

(B) to an extent that will prejudicially affect the copyright owner; and

(b) when doing the act, the person knows or ought reasonably to know that the article is an infringing copy of the work.

Wilful and significant rights infringement

449.—(1) A person commits an offence if—

(a) the person wilfully commits a rights infringement; and

(b) the extent of the infringement is significant.

(2) All relevant matters must be considered in deciding whether the extent of a rights infringement is significant for the purposes of subsection (1), including—

(a) the volume of any articles that are infringing copies;

(b) the value of any articles that are infringing copies; and

(c) whether the infringement has a substantial prejudicial impact on the rights owner.

Causing certain works or performances to be performed, seen or heard in public for private profit

450.—(1) A person commits an offence if—

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

(i) causes a literary, dramatic or musical work to be performed in public;

(ii) causes the visual images of a film to be seen in public or any sounds of the film to be heard in public (or both);

(b) the act is done—

(i) other than by the reception of a television broadcast or cable programme;

(ii) for the person’s private profit; and

(iii) at any time when copyright subsists in the work; and

(c) the person knows or ought reasonably to know that the act infringes the copyright in the work.

(2) A person commits an offence if—

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

(i) causes a protected performance to be seen or heard live in public (or both);

(ii) causes a recording of a protected performance to be heard in public;

(b) the act is done for the person’s private profit; and

(c) the person knows or ought reasonably to know that the act is an infringing use of the performance.

Advertisement for supply of infringing copies of works

451.—(1) Subject to subsection (2), a person commits an offence if—

(a) the person publishes, or causes to be published, an advertisement in Singapore; and

(b) the advertisement is for the supply in Singapore (whether from within or outside Singapore) of an infringing copy of a work.

(2) It is a defence for the person to prove, on a balance of probabilities, that the person—

(a) acted in good faith; and

(b) had no reasonable grounds to believe that the advertisement would or could lead to an infringement of the copyright in the work.

(3) For the purposes of subsection (1), if a copy of a work is created when a communication of the work is received and recorded, the communication of the work is taken to be the supply of the work at the place where the copy is created.

Punishment

452.—(1) A person convicted of an offence under section 448 shall be liable—

(a) in the case of an individual—

(i) to a fine not exceeding the higher of the following:

(A) $20,000;

(B) $2,000 for each article in respect of which the offence is committed;

(ii) to imprisonment for a term not exceeding 2 years; or

(iii) to both; and

(b) in any other case—to a fine not exceeding the higher of the following:

(i) $40,000;

(ii) $4,000 for each article in respect of which the offence is committed.

(2) A person convicted of an offence under section 449, 450 or 451 shall be liable—

(a) in the case of an individual—to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 2 years or to both; and

(b) in any other case—to a fine not exceeding $40,000.

Division 3—Other provisions

Presumption where person possesses 5 or more infringing copies

453.—(1) This section applies to all offences in this Part except offences under section 445(a) or 449.

(2) Unless the contrary is proved, a person who possesses 5 or more infringing copies is presumed to possess those copies—

(a) other than for private and domestic use; or

(b) for the purpose of sale.

Proof of subsistence of copyright and protection of performance, etc., by affidavit

454.—(1) This section applies to proceedings for an offence under this Part.

(2) An affidavit may be made stating that—

(a) at a specified time, copyright subsists in a work or a performance is a protected performance;

(b) the deponent is the rights owner or is making the affidavit on behalf of the rights owner; and

(c) a copy of the work or a recording of the performance annexed to the affidavit is a true copy or recording.

(3) Subject to subsections (4) and (5), the affidavit is admissible and is prima facie proof of the matters mentioned in subsection (2).

(4) Subsection (3) does not apply if it is proved that the deponent is neither the rights owner nor acting on behalf of the rights owner.

(5) If the accused person desires in good faith to cross-examine the deponent on the matters in the affidavit, subsection (3) does not apply unless—

(a) the deponent appears as a witness for cross-examination; or

(b) the court allows the affidavit to be used without the deponent so appearing.

Power to deal with infringing copies, etc., in proceedings under this Part

455.—(1) This section applies where—

(a) a person is charged for an offence under this Part in a court (whether or not the person is convicted); and

(b) any of the following items is before the court or in the person’s possession:

(i) any infringing copy;

(ii) any article that has been used to make infringing copies.

(2) The court may order that the items be—

(a) delivered up and forfeited to the rights owner concerned;

(b) destroyed; or

(c) otherwise dealt with.

Powers of entry, search and seizure

456.—(1) Information may be given on oath to a court that there is reasonable cause to suspect that an article or a document is—

(a) located at any premises; and

(b) evidence that an offence under this Part has been committed.

(2) If information is given under subsection (1), the court may issue a warrant authorising a police officer (either with or without conditions)—

(a) to enter and search the premises for articles and documents specified (either specifically or in any general category) in the warrant; and

(b) if any articles or documents so specified are found at the premises—to seize them.

(3) In this section and section 457, “document” means anything in which information of any description is recorded.

Disposal of seized evidence

457.—(1) This section applies where—

(a) an article or a document is seized under section 456; and

(b) either—

(i) no proceedings are brought for an offence under this Part within 6 months of the seizure; or

(ii) in the case of a seized article—proceedings are brought for an offence under this Part, but no order is made under section 455 in respect of the article.

(2) The article or document must be—

(a) returned to the person who was in possession of the article or document when it was seized; or

(b) if it is not practicable to so return the article or document—disposed of in accordance with section 108 of the Police Force Act (disposal of lost or unclaimed property deposited with police).