Copyright Act 2021 - Singapore Statutes Online

Status:

Current version
as at 02 Apr 2025

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 is used for the purpose of criticism or review:

(i)	a sound recording;
(ii)	a film;
(iii)	a broadcast;
(iv)	a cable programme;
(v)	a protected performance (including a recording of the performance); and

(b)

the use is fair.

[Act 31 of 2022 wef 01/11/2022]

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

[Act 31 of 2022 wef 01/11/2022]

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

Deemed fair use where reasonable portion 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.

Search within Legislation