Copyright Act 2021
Table of Contents
Long Title
Part 1 PRELIMINARY
1 Short title and commencement
2 Application to things existing before 21 November 2021
3 Extension of Act to reciprocating countries
4 Exclusion of non‑reciprocating countries from Act
5 Saving for other laws
6 Act binds Government
Part 2 INTERPRETATION
7 General interpretation
8 What is a work
9 What is an authorial work
10 What is a work of joint authorship
11 Reference to author includes all joint authors
12 What is an authorial work with an identified author
13 Literary work includes computer program and compilation
14 Subject matter of copyright in compilations
15 What does a dramatic work include
16 When is a literary, dramatic or musical work made
17 What is an adaptation of a literary or dramatic work
18 What is an adaptation of a musical work
19 Adaptation of literary, dramatic or musical work includes adaptation of substantial part thereof
20 What is an artistic work
21 What is a sound recording
22 When is a sound recording made
23 Who is the maker of a sound recording
24 What is a film; what are the visual images, sounds and soundtrack of a film
25 What is the making of a film
26 Who is the maker of a film
27 What does it mean to broadcast (verb)
28 What is a broadcast (noun)
29 What is a television broadcast
30 What is a sound broadcast
31 Who is the maker of a broadcast
32 Where is a broadcast made
33 When is a broadcast made
34 What is a cable programme
35 What is a cable programme service
36 What is inclusion in a cable programme service
37 What is a qualifying performance
38 What is a recording of a protected performance
39 Act done in relation to work, etc., includes act done in relation to substantial part thereof
40 Act done in relation to protected performance, etc., includes act done in relation to substantial part thereof
41 What is a copy of an authorial work
42 What is a copy of a published edition of an authorial work
43 What is a reasonable portion when copying a published edition of a literary, dramatic or musical work
44 What is a copy of a sound recording
45 What is a copy of a film
46 What is a copy of a television broadcast
47 What is a copy of a sound broadcast
48 What is a copy of a cable programme
49 Copy of work includes copy of substantial part
50 Copy of work includes temporary or incidental copy
51 What is a copy of a recording of a protected performance
52 Copy of recording of protected performance work includes temporary or incidental copy
53 What constitutes publication of an authorial work
54 What constitutes publication of an edition of an authorial work
55 What constitutes publication of a sound recording
56 What constitutes publication of a film
57 What constitutes publication of a recording of a protected performance
58 Matters to be considered or ignored for publication, first publication, and publication before death
59 Effect of acts done before 21 November 2021
60 Specific acts that do not constitute publication
61 What does communicate mean
62 What does accessibility on demand mean
63 Who is the maker of a communication
64 What is doing an act by the reception of a broadcast
65 What is a re‑transmission of a broadcast
66 When is a copy of a sound recording or a film used in a broadcast
67 What does a performance of an authorial work include
68 Performance by operating receiving apparatus
69 Performance by operating apparatus for reproducing sounds
70 Communication not included
71 Causing by operating receiving apparatus
72 Causing by operating apparatus for reproducing sounds
73 What is a commercial dealing in a thing
74 What does it mean to do an act for commercial advantage
75 What is a commercial rental arrangement relating to a computer program or sound recording
76 Who is a paying audience for a television broadcast or cable programme
77 Who is a qualified individual
78 Who is a qualified person
79 Who is a Singapore resident
80 Country of residence not affected by temporary absence
81 What is a prescribed international organisation
82 Legal capacity of prescribed international organisation
83 What is an educational institution
84 What is the body administering an educational institution
85 Who is a person with a print disability
86 What is an institution aiding persons with print disabilities
87 What is the body administering an institution aiding persons with print disabilities
88 What is a foreign institution aiding persons with print disabilities
89 What is an institution aiding persons with intellectual disabilities
90 What is the body administering an institution aiding persons with intellectual disabilities
91 What is a public collection
92 What is an archive
93 What is the custodian of a public collection
94 Who is an authorised officer of a public collection
95 When is a library run for profit
96 Who is a rights owner
97 What is a rights infringement
98 What is an infringing copy of a copyright work or protected performance
99 What is a flagrantly infringing online location
100 What are acts comprised in a copyright
101 What does it mean to do an act with or without the licence of copyright owner
102 If there are 2 or more copyright owners for a work, which owner is relevant
103 What is an exclusive licence
104 If there are 2 or more rights owners for a protected performance, whose authority is relevant
105 When is a visual image or sound embodied in an article or a thing
Part 3 COPYRIGHT IN WORKS
106 Copyright subsists only by virtue of this Act
107 Copyrights to subsist independently
108 Nature of copyright
109 Conditions for copyright to subsist in unpublished authorial works
110 Conditions for copyright to subsist in published authorial works
111 Conditions for copyright to subsist in buildings
112 Nature of copyright in literary, dramatic and musical works
113 Nature of copyright in artistic works
114 Duration of copyright in authorial works
115 Duration of copyright in authorial works — transitional provision for certain works published before 31 December 2022
116 Interpretation of sections 114 and 115 — making available to public; application to works of joint authorship
117 Conditions for copyright to subsist in published editions of authorial works
118 Nature of copyright in published editions of authorial works
119 Duration of copyright in published editions of authorial works
120 Conditions for copyright to subsist in sound recordings
121 Nature of copyright in sound recordings
122 Duration of copyright in sound recordings
123 Conditions for copyright to subsist in films
124 Nature of copyright in films
125 Duration of copyright in films
126 Conditions for copyright to subsist in broadcasts
127 Nature of copyright in broadcasts
128 Duration of copyright in broadcasts
129 Duration of copyright in repeat broadcasts
130 Conditions for copyright to subsist in cable programmes
131 Nature of copyright in cable programmes
132 Duration of copyright in cable programmes
133 First owner — maker of work, etc., is default first owner
134 First owner — copyright created in the course of employment
135 First owner — sound recordings, films and certain authorial works commissioned before 21 November 2021
136 First owner — Government and prescribed international organisations
137 Transfer of copyright
138 Assignment — formalities
139 Assignment — partial assignment
140 Assignment — assignment of future copyright
141 Licences — licence of future copyright
142 Licences — formalities for exclusive licence
143 Licences — licence binds successors in title to copyright except bona fide purchaser
144 Death — devolution of copyright coming into existence after would‑be owner dies
145 Death — bequest of manuscript, etc., includes any copyright therein
146 Infringement by doing act comprised in copyright
147 Infringement by importation for commercial dealing, etc.
148 Infringement by commercial dealing, etc.
149 Accessory to imported article to be ignored for purposes of sections 147 and 148 in certain circumstances
150 Infringement by making device or providing service, etc., to access works communicated without authority
151 Infringement by failure to pay equitable remuneration for causing sounds embodied in commercially published sound recordings to be heard in public
152 Exceptions to infringement
153 Action for copyright infringement
154 Limitation of action
155 Remedies and border enforcement measures
156 Interpretation of this Subdivision
157 Application of this Subdivision
158 Joinder and costs
159 Same defences and same remedies available
160 Assessment of damages
161 Apportionment of profits
162 Separate actions for same infringement
163 Application
164 Presumption that copyright subsists if not disputed, etc.
165 Presumption that claimant owns copyright if not disputed, etc.
166 Presumption of authorship where name appears
167 Presumptions where authorial work is first published in Singapore
168 Presumptions where author is dead
169 Presumptions as to anonymous or pseudonymous authorial work
170 Presumptions relating to label or mark on copies of sound recording
171 Presumptions as to maker of film
Part 4 PROTECTION OF PERFORMANCES
172 Interpretation of this Part
173 Protection of performances
174 Duration of protection
175 Infringing use — general
176 Infringing use — commercial dealing in unauthorised recordings, etc.
177 Action for infringing use of protected performance
178 Limitation of action
179 Remedies and border enforcement measures
180 Assignment of right to bring action
181 Presumptions relating to identity of performers
182 Other rights not affected
Part 5 PERMITTED USES OF COPYRIGHT WORKS AND PROTECTED PERFORMANCES
183 Permitted uses are not rights infringements
184 Permitted uses are independent
185 Permitted uses may go beyond scope of copyright or protection of performances
186 Permitted uses may be excluded or restricted by reasonable contract term
187 Permitted uses that may not be excluded or restricted
188 Evasion through choice of law clause to be void
189 What is sufficient acknowledgment of an authorial work
190 Fair use is permitted use
191 Relevant matters in deciding whether use is fair
192 Additional requirement for sufficient acknowledgment where use is for certain purposes
193 Deemed fair use where work or recording included in fairly‑used work
194 Deemed fair use where reasonable portion copied for research or study
195 Interpretation: when is a copy or recording made or used for the educational purposes of an educational institution
196 Copying authorial work by non‑reprographic means for course of education
197 Copying or communicating very small portions of literary or dramatic work for course of education provided by educational institutions
198 Copying or communicating material for educational purposes of educational institutions
199 Suspension of section 198 for contravention of record keeping requirements
200 Copying broadcasts or cable programmes for educational purposes
201 Copying for purposes of teaching or learning film making
202 Things done for purposes of examination
203 Inclusion of authorial work in collections for use by educational institutions
204 Using material available on Internet for educational purposes
205 Performances by students or staff of educational institutions, etc.
206 Material to which this Division applies
207 Interpretation: what is an accessible format
208 Interpretation: what is an accessible format copy
209 Interpretation: what is a new copy of an accessible format copy
210 Interpretation: what does it mean to make an accessible format copy available to persons with print disabilities or a foreign institution
211 Making, distributing or making available accessible format copies for Singapore residents with print disabilities
212 Making or making available accessible format copies for foreign institutions or non‑resident persons with print disabilities
213 Receiving, importing or distributing accessible format copies from foreign institutions
214 Making of accessible format copy by person with print disability for personal use
215 Copyright not to vest by virtue of making accessible format copy for persons with print disability
216 Rights owner’s right to license or authorise not affected
217 Copying by institution aiding persons with intellectual disabilities — authorial works
218 Copying, etc., by institution aiding persons with intellectual disabilities — protected performances
219 Copyright not to vest by virtue of making copy for aiding persons with intellectual disabilities
220 Rights owner’s right to license or authorise not affected
221 Interpretation: what is an article in a periodical publication
222 Public use and enjoyment — copying for public exhibitions
223 Public use and enjoyment — publicising public exhibitions
224 Public use and enjoyment — performing for public exhibitions
225 Public use and enjoyment — making public collection available on internal network
226 Research or study — copying or communicating material for users of public collections
227 Research or study — copying originals for use on premises of public collections
228 Research or study — copying or communicating unpublished thesis in university library or archive
229 Research, study or publication — copying or communicating unpublished old material in public collections
230 Publication — publishing unpublished old authorial works in public collections
231 Publication — communicating, performing, etc., authorial works published under section 230
232 Preservation and replacement — copying material in public collections
233 Administration — copying or communicating material in public collections
234 Supplying copies of published literary, dramatic or musical works or articles between libraries and archives
235 Protection of libraries and archives when infringing copies made on machines installed by them
236 Copying online material for National Library Board collection
237 Making back‑up copy of computer program
238 Copying electronic compilation or computer program when essential for use
239 Decompilation of computer program by lawful user
240 Observing, studying and testing of computer program by lawful user
241 Copying or adapting of computer program by lawful user
242 Interpretation: who is a lawful user
243 Interpretation: what is computational data analysis
244 Copying or communicating for computational data analysis
245 Interpretation: what is an interactive service
246 Communication by analogue broadcast
247 Communication by non‑interactive digital broadcast
248 Communication by other analogue or non‑interactive digital transmission
249 Films depicting historical events
250 Using record of sounds in films
251 Making sound recordings or films of literary, dramatic and musical works for broadcasting
252 Making films of artistic works for television broadcasting or cable programmes
253 Copying sound recordings or recordings of performances for broadcasting
254 Checking whether broadcast of sound recording or recording of performance is lawful
255 Making sound recordings or films of literary, dramatic or musical works for simulcasting
256 Copying sound recordings, recordings of performances, or films for simulcasting
257 Reception of broadcasts or cable programmes
258 Deemed copyright licences when receiving or transmitting broadcasts or cable programmes
259 Interpretation and scope of this Division
260 Conditions for making musical records
261 Conditions for including literary or dramatic work in musical records
262 Regulations and inquiry on amount of royalties
263 Regulations on other matters
264 Modifications relating to records made before 10 April 1987
265 Buildings and certain artistic works in public places
266 Incidental inclusion in film, television broadcast or cable programme
267 Copying artistic work in different dimensions
268 Copying part of artistic work in later artistic work
269 Reconstruction of buildings
270 Interpretation of this Division
271 Purpose of this Division
272 Artistic work with corresponding design registered under Registered Designs Act 2000
273 Modification of section 272 if registration is false
274 Artistic work with industrially‑applied corresponding design that could have been registered under Registered Designs Act 2000
275 Artistic works that have been industrially applied
276 Application to artistic works made before 10 April 1987
277 Interpretation: what is a public register
278 Copying or communicating material in public registers
279 Copying literary or artistic works in public registers
280 Interpretation: what is publicly disclosed material
281 Copying or communicating publicly disclosed material
282 Copying literary or artistic works that are publicly disclosed material
283 Data sharing within public sector
284 Interpretation: what is a public act
285 Public act is permitted use
286 Terms for doing public act
287 Public act does not constitute publication
288 Protection of purchaser in sale in course of public act
289 Modification when exclusive copyright licence in force
290 Acts done for judicial proceedings
291 Acts done for seeking legal advice
292 Temporary copies made in course of communication
293 Temporary copies made in user caching
294 Transfer of electronic copy of material
295 Reading or recitation of literary or dramatic works
296 Religious performances of literary, dramatic or musical works
297 Using adaptations of literary, dramatic or musical works
298 Copying published editions of authorial works in course of permitted use of authorial works
299 Private and domestic use
300 Recording performance, etc., in mistaken belief of authorisation
301 When and how should copies be notated
302 Presumptions relating to notated copy
303 Making false or misleading notation
Part 6 REMEDIES FOR AND BORDER ENFORCEMENT MEASURES AGAINST RIGHTS INFRINGEMENTS
304 Interpretation of this Division
305 Remedies
306 No damages for innocent rights infringement
307 Measure of damages
308 Measure of statutory damages
309 Order to deliver up infringing copies, etc.
310 Order to dispose of infringing copies, etc.
311 Procedure for disposal order
312 Remedy for infringement of copyright under section 151
313 Interpretation of this Division
314 Provisions relating to rights infringement not affected
315 Restriction of remedies if conditions met
316 Conditions relating to infringement by transmission, routing or providing connections
317 Conditions relating to infringement by system caching
318 Conditions relating to infringement by storage
319 Conditions relating to infringement by locating information
320 Conditions do not require monitoring of network services, etc.
321 Evidence of compliance with conditions
322 Protection against liability for removing or disabling access to electronic copy under section 317, 318 or 319
323 Requirements relating to take‑down or restoration notices, etc.
324 Making false statements in take‑down or restoration notice
325 Access disabling order
326 Procedure for application
327 Variation and revocation of order
328 Application of presumptions
329 Interpretation of this Division
330 Interpretation: what are infringing goods
331 Infringement actions to which this Division applies
332 Request to seize
333 Duration of request
334 Seizure on request
335 Notice to bring action after seizure
336 Inspection and seizure without request
337 Notice of seizure
338 Request to continue detention
339 Release of seized goods if request not made
340 Notice to bring action if request made
341 Interpretation of this Subdivision
342 Time for requestor to bring action
343 Failure to bring action — release of seized goods
344 Failure to bring action — compensation for seizure
345 Infringement action — orders in relation to seized goods
346 Infringement action — release of seized goods if no contrary order made
347 Infringement action — compensation if action dismissed, etc.
348 Infringement action — further provisions
349 Security for request to seize or continue detention
350 Direction for secure storage
351 Inspecting, or removing sample of, seized goods
352 Power of customs officer, etc., to require information after seizure
353 Requestor may ask for identity, etc., of person connected with seized goods
354 Notice of release
355 Forfeiture by consent
356 Release by consent
357 Release for non‑compliance with directions, etc.
358 Unsecured expenses of Director‑General
359 Interpretation of this Subdivision
360 Powers to search vessels, aircrafts and vehicles
361 Examination and search of packages, etc.
362 Removal of packages, etc., to police station, etc., for examination and search
363 Search of travellers and baggage
364 Powers to enter certain premises
365 Obstruction of customs officers
366 Appointment of persons to exercise powers and duties of customs officers
367 Delegation of Director‑General’s powers
368 Fees
Part 7 ADDITIONAL RIGHTS RELATING TO COPYRIGHT WORKS AND PROTECTED PERFORMANCES
369 Interpretation of this Division
370 Application
371 Right to be identified
372 Right to be identified — when should an author be identified
373 Right to be identified — how should an author be identified
374 Right to be identified — exception where author not known
375 Right to be identified — exception for certain authorial works
376 Right to be identified — exception for certain permitted uses
377 Right to be identified — transitional exceptions
378 Right against false identification
379 Right not to be falsely identified as author of copy of artistic work
380 Right not to have altered copy represented as unaltered
381 Moral rights not infringed by acts, etc., outside Singapore
382 Consent and formal waiver
383 Action for infringement of moral rights
384 Limitation of action
385 Remedies
386 Moral rights not assignable
387 Devolution on death
388 Other rights not affected
389 Interpretation of this Division
390 Application of moral rights
391 Right to be identified
392 Right to be identified — when should a performer be identified
393 Right to be identified — how should a performer be identified
394 Right to be identified — exception where performer not known
395 Right to be identified — exception for certain performances
396 Right to be identified — exception for certain permitted uses
397 Right to be identified — transitional exception
398 Right against false identification
399 Right not to have altered recording represented as unaltered
400 Moral rights not infringed by acts, etc., outside Singapore
401 Consent and formal waiver
402 Action for infringement of moral rights
403 Limitation of action
404 Remedies
405 Moral rights not assignable
406 Devolution on death
407 Other rights not affected
408 Interpretation of this Division
409 Interpretation: what is rights management information
410 Application
411 Prohibition on removing or altering rights management information
412 Prohibition on dealing with altered rights management information
413 Prohibition on dealing with protected copies after rights management information altered or removed
414 Action for infringement
415 Limitation of action
416 Remedies
417 Offence
418 Power to deal with protected copies, etc., in proceedings under section 417
419 Powers of entry, search and seizure
420 Disposal of seized evidence
421 Other rights not affected
422 Interpretation of this Division
423 Interpretation: what are technological measures, access control measures and protection measures
424 Application
425 Prohibition on circumventing access control measure
426 Prohibition on dealing in circumventing devices
427 Prohibition on dealing in circumventing services
428 Exception — access by non‑profit library, etc., for purpose of acquisition
429 Exception — protecting personal information of network user
430 Exception — achieving interoperability between computer programs
431 Exception — research on encryption technology
432 Exception — preventing minor access to online material
433 Exception — testing of security flaws, etc., of computer
434 Exception — law enforcement, national defence, etc.
435 Exception — prescribed exceptions
436 Action for infringement
437 Limitation of action
438 Remedies
439 Offence
440 Power to deal with protected copies, etc., in proceedings under section 439
441 Powers of entry, search and seizure
442 Disposal of seized evidence
443 Other rights not affected
Part 8 OFFENCES
444 Commercial dealings, etc., in infringing copies
445 Infringement for commercial advantage, etc.
446 Making or possessing article capable of making infringing copies
447 Punishment
448 Distribution, etc., of infringing copies of works
449 Wilful and significant rights infringement
450 Causing certain works or performances to be performed, seen or heard in public for private profit
451 Advertisement for supply of infringing copies of works
452 Punishment
453 Presumption where person possesses 5 or more infringing copies
454 Proof of subsistence of copyright and protection of performance, etc., by affidavit
455 Power to deal with infringing copies, etc., in proceedings under this Part
456 Powers of entry, search and seizure
457 Disposal of seized evidence
Part 9 REGULATION OF COLLECTIVE MANAGEMENT ORGANISATIONS
458 Interpretation of this Part
459 Interpretation: what is a collective management organisation (CMO) and who are its members; what is a tariff scheme
460 Purpose of this Part
461 CMOs must be licensed
462 Class licences
463 Financial penalty for non‑compliance with class licence conditions
464 Regulatory directions to CMOs and their officers
465 Cessation order
466 Reconsideration of decisions
467 Appeal
468 Interpretation: who is an intending user of a tariff scheme
469 Interpretation: when does a tariff scheme apply or not apply to a case
470 Review of proposed tariff scheme
471 Review of in‑force tariff scheme
472 Review after order made under section 470 or 471, etc.
473 Effect where tariff scheme remains in force pending reference or after Tribunal order
474 Application to Tribunal for permission to be granted on reasonable terms
475 Orders not to contradict regulatory directions or class licence conditions
476 CMO may apply to Tribunal on behalf of rights owners
Part 10 COPYRIGHT TRIBUNALS
477 Interpretation of this Part
478 Agreements or awards not affected
479 Establishment of Tribunals
480 Appointment of president, deputy presidents and panel
481 Appointment of secretary and other officers
482 Remuneration, allowances and expenses
483 Protection of members
484 Members and officers deemed to be public servants
485 Functions of Tribunals
486 Constitution of Tribunals
487 Reconstitution of Tribunal if member unable to continue
488 Sittings
489 Proceedings to be in public
490 Decisions how made
491 Evidence
492 Provisions on inquiries
493 Orders of Tribunal
494 Reference of question of law arising in case to Court
495 Representation
496 Costs
497 Regulations on procedure
498 Other provisions on procedure
Part 11 MISCELLANEOUS
499 Groundless threats of legal proceedings for copyright infringement
500 Offences by bodies corporate, etc.
501 Jurisdiction of courts
502 Application of Government Proceedings Act 1956
503 Application of Electronic Transactions Act 2010
504 Immunity of officers and employees of Government and IPOS
505 Regulations
506 Repeal of Copyright Act
507 Related and consequential amendments, etc.
Part 12 TRANSITIONAL
508 References in laws and documents to predecessor Acts and copyright thereunder
509 Interpretation of this Division and Division 3
510 What is a substituted right
511 No copyright in authorial works made before 1 July 1912 unless there is substituted right
512 Scope of copyright in dramatic or musical works made before 1 July 1912 depends on scope of substituted right
513 Copyright in contributions to periodicals made before 1 July 1912 subject to author’s right to publish in separate form
514 Assignments and grants made before 1 July 1912
515 Authorial works first published before 10 April 1987 — no revival of copyright expiring before 10 April 1987
516 Authorial works made before 10 April 1987 — modifications to section 109
517 Authorial works first published before 10 April 1987 — modifications to section 110
518 Photographs taken before 10 April 1987 — who is the author
519 Photographs taken before 10 April 1987 — duration of copyright
520 Artistic works made before 10 April 1987 — no copyright if work is registrable design
521 Sound recordings made or first published before 10 April 1987 — modifications to section 120
522 Sound recordings made before 10 April 1987 — duration of copyright
523 Films made before 10 April 1987 — treatment
524 Assignments and licences made before 10 April 1987 in relation to authorial works, sound recordings and films to have similar effect
525 Authorial works made before 10 April 1987 — copyright reverts to author’s estate 25 years after death
526 Bequests by author who died before 10 April 1987
527 Reproduction of authorial work published before 10 April 1987 upon payment of royalties
528 Copies of computer programs bought before 16 April 1998
529 Copies of sound recordings bought before 16 April 1998
530 No revival or extension of copyright in authorial work, sound recording or film expiring before 1 July 2004
531 No revival or extension of protection for performances ceasing to be protected before 1 July 2004
532 Assignments and licences made before 1 January 2005 and relating to broadcasting and cable programmes
533 No revival or extension of copyright in authorial work, sound recording or film expiring before 21 November 2021
534 Assignments and licences of copyright made on or after 10 April 1987 and before 21 November 2021 to have similar effect
535 Assignments of performers’ rights made before 21 November 2021 to have similar effect
536 Photographs taken on or after 10 April 1987 and before 21 November 2021 — who is the author
537 Photographs taken on or after 10 April 1987 and before 21 November 2021 — presumptions relating to authorship
538 Editions of authorial works published by Government before 21 November 2021 — no infringement of Government copyright
539 Deciding equitable remuneration payable under 1987 Act
540 Copyright Tribunals constituted under 1987 Act
541 Saving and transitional provisions