Copyright (Amendment) Act 1994 - Singapore Statutes Online

REPUBLIC OF SINGAPORE

GOVERNMENT GAZETTE

ACTS SUPPLEMENT

Published by Authority

NO. 13]

Friday, September 23

[1994

The following Act was passed by Parliament on 25th August 1994 and assented to by the President on 14th September 1994:—

(No. 14 of 1994)

I assent.

ONG TENG CHEONG

President.

14th September 1994.

Date of Commencement: 1st October 1994

An Act to amend the Copyright Act (Chapter 63 of the 1988 Revised Edition).

Be it enacted by the President with the advice and consent of the Parliament of Singapore, as follows:

Short title and commencement

1.—(1) This Act may be cited as the Copyright (Amendment) Act 1994 and shall come into operation on such date as the Minister may, by notification in the Gazette, appoint.

(2) The Minister may appoint different dates for the coming into operation of the different provisions of this Act.

Application

2. Every provision of this Act shall apply to things existing on the commencement of the provision as well as to things coming into existence after such commencement.

Amendment of section 7

3. Section 7(1) of the Copyright Act is amended by inserting, immediately before the definition of “adaptation”, the following definition:

“ “accessory”, in relation to an article, means one or more of the following:

(a)	a label affixed to, or displayed on, the article;
(b)	the packaging or container in which the article is packaged or contained;
(c)	a label affixed to, or displayed on, the packaging or container in which the article is packaged or contained;
(d)	a leaflet, pamphlet, certificate, warranty, brochure, written instruction or other information incidental to the article and provided with the article on its sale;
(e)	an instructional sound recording or cinematograph film incidental to the article and provided with the article on its sale,

but does not include —

(i)	a copy of a work that is incorporated into the surface of the article and is a permanent part of the article;
(ii)	a copy of a work that cannot be separated from the article without rendering the article unsuitable for its ordinary use; or
(iii)	a manual sold with computer software for use in connection with that software;”.

Amendment of section 25

4. Section 25 of the Copyright Act is amended by inserting, immediately after subsection (2), the following subsection:

“(3) Where reference is made in this Act to an imported article the making of which was carried out without the consent of the owner of the copyright, the reference to the owner of the copyright shall be read as a reference to —

(a)	the person entitled to the copyright in respect of its application to the making of an article of that description in the country where the article was made; or
(b)	if there is no person entitled to the copyright in respect of its application to the making of an article of that description in the country where the article was made, the person entitled to the copyright in respect of that application in Singapore,

and the making of the article shall be deemed to have been carried out with the consent of that owner if, after disregarding all conditions as to the sale, distribution or other dealings in the article after its making, the article was made with his licence (other than a compulsory licence).”.

New section 40A

5. The Copyright Act is amended by inserting, immediately after section 40, the following section:

“Accessories to imported articles

40A.—(1) The copyright in a work embodied in an accessory to an article is not infringed by a person who, without the licence of the owner of the copyright, imports the article into Singapore for a purpose mentioned in section 32(a), (b) or (c) unless the article is an infringing copy.

(2) The operation of this Act in relation to a work embodied in an article shall not be affected by the operation of this section in relation to a work embodied in an accessory to the article.

(3) If an article is imported into Singapore for a purpose mentioned in section 32(a), (b) or (c) and the importation is not, by reason of this section, an infringement of the copyright in a work embodied in an accessory to the article, the use of the accessory with the article for any such purpose shall not be an infringement of the copyright in the work, and section 33 shall not apply to the accessory.”.

Amendment of section 74

6. Section 74(2) of the Copyright Act is amended by inserting, immediately after the words “applied industrially” in paragraph ( a), the words “(whether in Singapore or elsewhere)”.

New section 116A

7. The Copyright Act is amended by inserting, immediately after section 116, the following section:

“Accessories to imported articles

116A.—(1) The copyright in —

(a)	a published edition of a work embodied in an accessory to an article; or
(b)	a sound recording or cinematograph film that is an accessory to an article,

is not infringed by a person who, without the licence of the owner of the copyright, imports the article into Singapore for a purpose mentioned in section 104(a), (b) or (c) unless the article is an infringing copy.

(2) The operation of this Act in relation to —

(a)	a published edition of a work embodied in an article; or
(b)	a sound recording or cinematograph film,

is not affected by the operation of this section in relation to —

(i)	a published edition of a work, or other subject-matter, embodied in an accessory to the article; or
(ii)	a sound recording or cinematograph film that is an accessory to the article.

(3) If an article is imported into Singapore for a purpose mentioned in section 104(a), (b) or (c), and the importation is not, by reason of this section, an infringement of the copyright in —

(a)	a published edition of a work embodied in an accessory to the article;
(b)	a sound recording or cinematograph film that is an accessory to the article, the use of the accessory with the article for any such purpose shall not be an infringement of the copyright in the published edition of a work, or in the sound recording or cinematograph film, and section 105(1) shall not apply to the accessory.”.

Amendment of section 184

8. Section 184(1) of the Copyright Act is amended by deleting the words “, sound recordings, cinematograph films or editions first published” wherever they appear in paragraph (a) and substituting in each case the words “or editions first published, or sound recordings or cinematograph films made or first published,”.

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