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  Copyright Act
(CHAPTER 63)

  Table of Contents

  Long Title

Part I PRELIMINARY

1 Short title
2 Application
3 Application to Government
4 Copyright not to subsist except by virtue of this Act
5 Savings of rights of Government, etc.
6 Operation of other laws

Part II INTERPRETATION

7 Interpretation
7A Literary works include compilation and computer program
8 Residence
9 Acts comprised in copyright
10 Acts done in relation to substantial part of work or other subject-matter deemed to be done in relation to the whole
11 References to acts done with licence of owner of copyright
12 References to partial assignment of copyright
13 Libraries established or conducted for profit
14 Names under which work is published
15 Reproduction of works
16 Provisions relating to the making of a work or other subject-matter
17 Storage in computer or on any other medium
18 Sound recordings and records
19 References to sounds and visual images embodied in an article
20 Provisions relating to broadcasting
21 Cable programmes
22 Performance
23 Performance of works or other subject-matter by students or staff of educational institution, etc.
24 Publication
25 Ownership of copyright for particular purposes
25A Commercial rental arrangement

Part III COPYRIGHT IN ORIGINAL LITERARY, DRAMATIC, MUSICAL AND ARTISTIC WORKS

Division 1 — Nature, Duration and Ownership of Copyright in Works

26 Nature of copyright in original works
27 Original works in which copyright subsists
28 Duration of copyright in original works
29 Duration of copyright in anonymous and pseudonymous work
30 Ownership of copyright in original works

Division 2 — Infringement of Copyright In Works

31 Infringement by doing acts comprised in copyright
32 Infringement by importation for sale or hire
33 Infringement by sale and other dealings
34 Infringing copies made on machines installed in libraries and archives

Division 3 — Acts not Constituting Infringements of Copyright Works

35 Fair dealing in relation to works
36 Fair dealing for purpose of criticism or review
37 Fair dealing for purpose of reporting current events
38 Reproduction for purposes of judicial proceedings or professional advice
38A Temporary reproduction made in course of communication
39 Back-up copy of computer program, etc.
39A Decompilation
39B Observing, studying and testing of computer programs
39C Other acts permitted to lawful users
40 Inclusion of works in collections for use by educational institutions
40A Accessories to imported articles

Division 4 — Acts not Constituting Infringements of Copyright in Literary, Dramatic and Musical Works

41 Reading or recitation in public or for a communication
42 Religious performances
43 Reproduction for purpose of broadcasting
43A Reproduction for purpose of simulcasting

Division 5 — Copying of Works in Libraries

44 Interpretation of this Division
45 Copying by libraries and archives for users
46 Copying by libraries or archives for other libraries or archives
47 Copying or communication of unpublished works in libraries or archives
48 Copying of works for preservation and other purposes
49 Publication of unpublished works kept in libraries
49A Copying of online material for National Library Board collection
50 Application of Division to illustrations accompanying articles and other works

Division 6 — Copying of Works for Educational Purposes

50A Copying by non-reprographic means for purpose of a course of education
51 Multiple copying or communication of insubstantial portions of works
52 Multiple copying or communication under statutory licence by educational institutions
52A Things done for purposes of examination
53 Application of Division to illustrations accompanying articles and other works

Division 7 — Copying of Works in Institutions Assisting Persons with Reading Disabilities and Institutions Assisting Intellectually Handicapped Readers

54 Copying, etc., under statutory licence for persons with reading disabilities
54A Multiple copying under statutory licence by institutions assisting intellectually handicapped readers

Division 8 — Recording of Musical Works

55 Interpretation of this Division
56 Conditions upon which manufacturer may make records of musical work
57 Amount of royalty
58 Provisions relating to royalty where 2 or more works are on the one record
59 Revision of royalty and minimum royalty
60 Conditions upon which manufacturer may include part of a literary or dramatic work in a record of a musical work
61 Making inquiries in relation to previous records
62 Application of Division in relation to record of part of a work

Division 9 — Acts not Constituting Infringements of Copyright in Artistic Works

63 Sculptures and certain other works in public places
64 Buildings and models of buildings
65 Incidental filming or televising of artistic works
66 Publication of artistic works
67 Artistic works included in a cable programme
68 Reproduction for purpose of including work in television broadcast or cable programme
69 Reproduction of work in different dimensions
70 Special exception for artistic works which have been industrially applied
71 Reproduction of part of work in later work
72 Reconstruction of buildings

Division 10 — Designs

73 Interpretation of this Division
74 Special exception in respect of industrial design

Division 11 — Works of Joint Authorship

75 References to all of joint authors
76 References to any one or more of joint authors
77 References to whichever of joint authors died last
78 Works of joint authorship published under pseudonyms
79 Copyright to subsist in joint works without regard to any author who is an unqualified person
80 Inclusion of joint works in collections for use in educational institutions

Part IV COPYRIGHT IN SUBJECT-MATTER OTHER THAN WORKS

Division 1 — Preliminary

81 Interpretation of this Part

Division 2 — Nature of Copyright in Subject-Matter other than Works

82 Nature of copyright in sound recordings
83 Nature of copyright in cinematograph films
84 Nature of copyright in television broadcasts and sound broadcasts
85 Nature of copyright in cable programmes
86 Nature of copyright in published editions of works

Division 3 — Subject-Matter, other than Works, in which Copyright Subsists

87 Sound recordings in which copyright subsists
88 Cinematograph films in which copyright subsists
89 Television broadcasts and sound broadcasts in which copyright subsists
90 Cable programmes in which copyright subsists
91 Published editions of works in which copyright subsists

Division 4 — Duration of Copyright in Subject-Matter other than Works

92 Duration of copyright in sound recordings
93 Duration of copyright in cinematograph films
94 Duration of copyright in television broadcasts and sound broadcasts
95 Duration of copyright in cable programmes
96 Duration of copyright in published editions of works

Division 5 — Ownership of Copyright in Subject-Matter other than Works

97 Ownership of copyright in sound recordings
98 Ownership of copyright in cinematograph films
99 Ownership of copyright in television broadcasts and sound broadcasts
100 Ownership of copyright in cable programmes
101 Ownership of copyright in published editions of works

Division 6 — Infringement of Copyright in Subject-Matter other than Works

102 Interpretation of this Division
103 Infringement by doing acts comprised in copyright
104 Infringement by importation for sale or hire
105 Infringement by sale and other dealings
105A Infringing copies made on machines installed in libraries and archives
106 Acts done for purposes of judicial proceeding
107 Making of a copy of sound recording for purposes of broadcasting
107A Making of copy of sound recording or cinematograph film for purpose of simulcasting
107B Non-subscription digital audio transmissions
107C Digital audio transmissions within business establishment
107D Other non-infringing non-interactive transmissions
107E Temporary copy made in course of communication
108 Provisions relating to cinematograph films
109 Fair dealing in relation to other subject-matter
110 Fair dealing for purpose of criticism or review
111 Fair dealing for purpose of reporting news
112 Copying of unpublished sound recordings and cinematograph films in libraries or archives
113 Copying of sound recordings and cinematograph films for preservation and other purposes
113A Copying of online material for National Library Board collection
113B Access to cinematograph film and sound recording by users of libraries and archives
114 Filming or recording broadcasts or programmes for private and domestic use
115 Use of broadcasts for educational purposes
115A Copying for course of instruction in making of film or sound-track
115B Things done for purposes of examination
115C Copying, etc., under statutory licence by institutions for reading disabilities
116 Reproductions of editions of work
116A Accessories to imported articles

Division 7 — Miscellaneous

117 Copyrights to subsist independently

Part V REMEDIES FOR INFRINGEMENTS OF COPYRIGHT

Division 1 — Preliminary

118 Interpretation of this Part

Division 2 — Actions by Owner of Copyright

119 Actions for infringement
120 Order for delivery up of infringing copies, etc.
120A Order for disposal of infringing copies, etc.

Division 3 — Proceedings where Copyright is subject to Exclusive Licence

121 Interpretation of this Division
122 Application
123 Rights of exclusive licensee
124 Joinder of owner or exclusive licensee as party
125 Defences available against exclusive licensee
126 Assessment of damages where exclusive licence granted
127 Apportionment of profits between owner and exclusive licensee
128 Separate actions in relation to the same infringement
129 Liability for costs

Division 4 — Proof of Facts in Copyright Proceedings

130 Presumptions as to subsistence and ownership of copyright
131 Presumptions in relation to authorship of work
132 Presumptions in relation to publisher of work
133 Presumptions where author has died
134 Evidence in relation to proceedings
135 Presumptions in relation to maker of film

Division 5 — Offences

136 Offences
137 Affidavit evidence
138 Powers of police officer
139 Advertisement for supply of infringing copies of computer programs
140 Court for trial of offences

Division 6 — Border Enforcement Measures

Subdivision 1 Preliminary provisions

140A Interpretation of this Division and Division 7
140AA Delegation of Director-General’s powers
140AB Fees

Subdivision 2 Seizure of copies on request

140B Restriction of importation or exportation of copies of works, etc.
140C Security for liability or expense of seizure, storage and disposal
140D Secure storage of seized copies
140E Notice of seizure
140EA Persons bound to give information or produce documents
140EB Information on import or export
140F Inspection, release, etc., of seized copies
140G Forfeiture of seized copies by consent
140H Compulsory release of seized copies to importer or exporter
140I Provision relating to actions for infringement of copyright
140IA Compensation for failure to take action
140J Retention of control of seized copies
140K Disposal of seized copies
140L Insufficient security

Subdivision 3 Ex-officio seizure of copies

140LA Seizure and inspection of infringing copies
140LB Requirements for continued detention
140LC Notice to take action
140LD Persons bound to give information or produce documents
140LE Information on import or export
140LF Forfeiture of seized copies by consent
140LG Compulsory release of seized copies to dealer
140LH Provisions relating to actions for infringement of copyright
140LI Compensation for failure to take action
140LJ Retention of control of seized copies
140LK Disposal of seized copies
140LL Insufficient security

Division 7 — Powers of Search

140M Powers of search in relation to vessels, aircrafts and vehicles
140N Examination of packages
140O Power to remove packages and goods to police station or examination station
140P Search of persons and baggage
140Q Powers of authorised officers to enter certain premises
141 Obstruction

Division 8 — Miscellaneous

142 Limitation of actions in respect of infringement of copyright

Part VI COMPULSORY LICENCES FOR TRANSLATION AND REPRODUCTION OF CERTAIN WORKS

143 (Repealed)
144 (Repealed)
145 (Repealed)
146 (Repealed)
147 (Repealed)
148 (Repealed)

Part VII COPYRIGHT TRIBUNALS

Division 1 — Preliminary

149 Interpretation of this Part
150 Cases to which licence schemes apply

Division 2 — Constitution of Tribunal

151 Establishment of Tribunals
151A Appointment of president, deputy president and members of Tribunal
151B Remuneration and allowances
152 Tenure of office
153 Continuation of hearing on change in constitution of Tribunal
154 Quorum
155 Decision of Tribunal
156 Sittings of Tribunal

Division 3 — Inquiries by, and Applications and References to, Tribunal

156A Application to Tribunal for determination of remuneration payable for making recording or film of a work
156B Application to Tribunal for determination of remuneration payable for making copy of sound recording
156C Application to Tribunal for determination of remuneration payable for making available to public sound recording by means of digital audio transmission
157 Inquiries into royalty payable in respect of records of musical works
158 Applications to Tribunal for determination of remuneration payable to owner of copyright for copies made under statutory licence
159 Applications to Tribunal for apportionment of royalty in respect of a record
160 Reference of proposed licence schemes to Tribunal
161 Reference of existing licence schemes to Tribunal
162 Further reference of licence schemes to Tribunal
163 Application to Tribunal in relation to licences
164 Effect of licence schemes being continued in operation pending order of Tribunal
165 Effect of order of Tribunal in relation to licences
166 Attorney-General may make application for suspension order
167 Application to revoke suspension orders
168 Interim orders
169 Reference of questions of law to High Court
170 Agreements or awards not affected

Division 4 — Procedure and Evidence

171 Proceedings to be in public except in special circumstances
172 Application may be made to Tribunal by agent of copyright owner
173 Procedure
174 Mistakes or errors in orders of Tribunal
175 Regulations as to procedure
176 Power to take evidence on oath
177 Evidence in form of written statement
178 Representation

Division 5 — Miscellaneous

179 Protection of members and witnesses
180 Disobedience to summons, etc.
181 Contempt of Tribunal, etc.
182 Cost of proceedings
183 Proof of orders of Tribunal

Part VIII EXTENSION OR RESTRICTION OF THIS ACT

184 Application of this Act to countries other than Singapore
185 Provisions as to international organisations
186 Denial of copyright to citizens of countries not giving adequate protection to Singapore works

Part IX FALSE ATTRIBUTION OF AUTHORSHIP

187 Interpretation of this Part
188 Duty not to attribute falsely authorship of work or identity of performer of performance
189 Duty not to falsely represent altered work or recording of performance as unaltered
190 Duty not to attribute falsely the authorship of reproduction of artistic work
191 Breach of duty not committed if act done outside Singapore or done with permission
192 Action for breach of duty
193 Saving of other rights and remedies

Part IXA WORKS, OR OTHER SUBJECT-MATTER, IN ELECTRONIC FORM

193A Interpretation and effect of application of this Part
193B Transmission, routing and provision of connections
193C System caching
193D Storage and information location
193DA Exemption of network service provider from liability for removal of copy, etc., from network
193DB Relief which court may grant
193DC Evidence of compliance with conditions
193DD Maker of false notice guilty of offence and liable in damages
193DDA Order to disable access to flagrantly infringing online location
193DDB Application for order under section 193DDA
193DDC Variation or revocation of order
193DE Regulations
193E User caching
193F Transfer of electronic copy of material

Part X MISCELLANEOUS

194 Assignments and licences in respect of copyright
195 Prospective ownership of copyright
196 Copyright to pass under will with unpublished work
197 Provisions as to Government copyright
198 Use of copyright material for service of Government
199 Reception of broadcasts or cable programmes
200 Groundless threats of legal proceedings
201 Notation of copies, etc.
201A Immunity of Government, etc.
201B Offence committed by partnership or body corporate
202 Regulations
203 (Omitted)
204 (Omitted)

Part XI TRANSITIONAL

Division 1 — Preliminary

205 Interpretation of this Part
206 References to making of works, recordings and films
207 References in other laws or instruments to copyright
208 Authorship of photographs
209 Publication

Division 2 — Original Works

210 Expired copyright not to revive
211 Original works in which copyright subsists
212 Duration of copyright in photographs
213 Ownership of copyright
214 Recording of musical works
215 Publication of artistic works
216 Reconstruction of buildings
217 Industrial designs
218 Reproduction of work upon payment of royalties

Division 3 — Subject-Matter other than Works

219 Sound recordings
220 Cinematograph films
221 Application of this Act to dramatic works and photographs comprised in cinematograph films
222 Television broadcasts and sound broadcasts
223 Published editions of works
224 Cable programmes

Division 4 — Miscellaneous

225 Actions for infringement
226 Actions where copyright subject to exclusive licence
227 Offences
228 Limitation of actions
229 (Omitted)
230 References and applications to Tribunal in relation to licence schemes
231 Duration of Government copyright in photographs
232 Duration of Government copyright in recordings
233 Government copyright in films
234 Works made or published by international organisations
235 Subject-matter, other than original works, made or published by international organisations
236 False attribution of authorship of work
237 Assignments and licences
238 Bequests
239 Existing computer programs

Division 5 — Works made before 1st July 1912

240 Interpretation of this Division
241 Application
242 Rights conferred by Copyright Act 1911
243 Performing rights
244 Contributions to periodicals
245 Assignments and licences

Part XII PERFORMERS’ PROTECTION

246 Interpretation of this Part
247 Educational purposes
248 Exempt recordings cease to be exempt recordings in certain circumstances
249 Private and domestic use
250 References to inclusion of performance in cable programme service
251 Application
252 What constitutes unauthorised use
252A Transmission, routing and provision of connections
252B System caching
252C Storage and information location
252CA Exemption of network service provider from liability for removal of copy, etc., from network
252CB Relief which court may grant
252CC Evidence of compliance with conditions
252CD Maker of false notice guilty of offence and liable in damages
252CDA Order to disable access to flagrantly infringing online location
252CDB Application for order under section 252CDA
252CDC Variation or revocation of order
252CE Regulations
252CF Effect of application of sections 252A to 252CD
252D User caching
253 Action for unauthorised use
253A Presumptions in relation to performance
254 Order for disposal of unauthorised recordings or other object
254A Offences
254B Application of sections 140A to 141
255 Rights to bring an action may be assigned
256 Application to foreign countries
257 Denial of protection to citizens of countries not giving adequate protection to Singapore performances

Part XIII RIGHTS MANAGEMENT INFORMATION

258 Interpretation of this Part
259 Application of this Part
260 Removal or alteration of rights management information
261 Relief which court may grant
261A Enforcement measures

Part XIIIA CIRCUMVENTION OF TECHNOLOGICAL MEASURES

261B Interpretation and effect of application of this Part
261C Circumvention of technological measures
261D Exceptions to prohibition on circumvention
261E Exceptions to prohibition on making, etc., circumventing device and offering circumventing service
261F Relief which court may grant
261G Enforcement measures

Part XIV TRANSITIONAL PROVISIONS UNDER INTELLECTUAL PROPERTY (MISCELLANEOUS AMENDMENTS) ACT 2004

262 Interpretation of this Part
263 Works published before appointed day
264 Other subject-matter published before appointed day
265 Works and other subject matter published by international organisations before appointed day
266 Works and other subject matter published by Government before appointed day
267 Performances given before appointed day

Part XV SAVINGS AND TRANSITIONAL PROVISIONS UNDER COPYRIGHT (AMENDMENT) ACT 2004

268 Interpretation of this Part
269 Assignments and licences before appointed day
270 Action for infringement which took place before appointed day
271 Action for unauthorised use before appointed day
272 Action relating to rights management information

  THE SCHEDULE False Registration of Industrial Designs

  Legislative Source Key

  Legislative History

  Comparative Table

  Comparative Table

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