(No. 22 of 2021)

Status:

Published in Acts Supplement
on 07 Oct 2021

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Table of Contents

Long Title

Enacting Formula

Part 1 PRELIMINARY

1 Short title and commencement

2 Application to things existing before appointed day

3 Extension of Act to reciprocating countries

4 Exclusion of non‑reciprocating countries from Act

5 Savings for other laws

6 Act binds Government

Part 2 INTERPRETATION

Division 1 — General

7 General interpretation

Division 2 — Works and performances

Subdivision 1 Works

8 What is a work

Subdivision 2 Authorial works in general

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

Subdivision 3 Literary, dramatic and musical works

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

Subdivision 4 Adaptations of literary, dramatic or musical works

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

Subdivision 5 Artistic works

20 What is an artistic work

Subdivision 6 Sound recordings

21 What is a sound recording

22 When is a sound recording made

23 Who is the maker of a sound recording

Subdivision 7 Films

24 What is a film; what are the visual images, sounds and sound‑track of a film

25 What is the making of a film

26 Who is the maker of a film

Subdivision 8 Broadcasts

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

Subdivision 9 Cable programmes

34 What is a cable programme

35 What is a cable programme service

36 What is inclusion in a cable programme service

Subdivision 10 Qualifying performances and recordings of protected performances

37 What is a qualifying performance

38 What is a recording of a protected performance

Division 3 — Acts relating to works and performances

Subdivision 1 General

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

Subdivision 2 Copying

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

Subdivision 3 Publishing

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 appointed day

60 Specific acts that do not constitute publication

Subdivision 4 Communicating

61 What does communicate mean

62 What does accessibility on demand mean

63 Who is the maker of a communication

Subdivision 5 Broadcasting, etc.

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

Subdivision 6 Performing

67 What does a performance of an authorial work include

68 Performance by operating receiving apparatus

69 Performance by operating apparatus for reproducing sounds

Subdivision 7 Causing visual images to be seen or sounds to be heard

70 Communication not included

71 Causing by operating receiving apparatus

72 Causing by operating apparatus for reproducing sounds

Subdivision 8 Commercial acts

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

Division 4 — Relevant persons and organisations

Subdivision 1 Qualified individuals and persons

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

Subdivision 2 International organisations

81 What is a prescribed international organisation

82 Legal capacity of prescribed international organisation

Subdivision 3 Educational institutions

83 What is an educational institution

84 What is the body administering an educational institution

Subdivision 4 Persons with print disabilities

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

Subdivision 5 Persons with intellectual disabilities

89 What is an institution aiding persons with intellectual disabilities

90 What is the body administering an institution aiding persons with intellectual disabilities

Subdivision 6 Public collections: galleries, libraries, archives and museums

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

Division 5 — Rights and rights infringements

Subdivision 1 Common provisions

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

Subdivision 2 Provisions relating to copyright works

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

Subdivision 3 Provisions relating to protected performances

104 If there are 2 or more rights owners for a protected performance, whose authority is relevant

Division 6 — Miscellaneous

105 When is a visual image or sound embodied in an article or a thing

Part 3 COPYRIGHT IN WORKS

Division 1 — General

106 Copyright subsists only by virtue of this Act

107 Copyrights to subsist independently

108 Nature of copyright

Division 2 — Authorial works

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

Division 3 — Published editions of authorial works

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

Division 4 — Sound recordings

120 Conditions for copyright to subsist in sound recordings

121 Nature of copyright in sound recordings

122 Duration of copyright in sound recordings

Division 5 — Films

123 Conditions for copyright to subsist in films

124 Nature of copyright in films

125 Duration of copyright in films

Division 6 — Broadcasts

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

Division 7 — Cable programmes

130 Conditions for copyright to subsist in cable programmes

131 Nature of copyright in cable programmes

132 Duration of copyright in cable programmes

Division 8 — Ownership and transactions

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 appointed day

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

Division 9 — Infringement of copyright

Subdivision 1 What is an infringement of copyright

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

Subdivision 2 Action for copyright infringement

153 Action for copyright infringement

154 Limitation of action

155 Remedies and border enforcement measures

Subdivision 3 Infringement action where exclusive licensee has concurrent right of action

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

Subdivision 4 Presumptions in infringement actions

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 literary, dramatic, musical or artistic work

170 Presumptions relating to label or mark on copy 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

Division 1 — General provisions

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

Division 2 — Fair use

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 of article copied for research or study

Division 3 — Education and educational institutions

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.

Division 4 — Persons with print disabilities

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

Division 5 — Persons with intellectual disabilities

217 Copying by institution aiding persons with intellectual disabilities — authorial works

218 Copying, etc., by institution aiding persons with intellectual disability — 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

Division 6 — Public collections: galleries, libraries, archives and museums

221 Interpretation: what is an article in a periodical publication

222 Public use and enjoyment — copying for public exhibition

223 Public use and enjoyment — publicising public exhibition

224 Public use and enjoyment — performing for public exhibition

225 Public use and enjoyment — making collection available on network of public collection

226 Research or study — copying and communicating material for users of public collection

227 Research or study — copying originals for use on premises of public collection

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 collection

230 Publication — publishing unpublished old authorial works in public collection

231 Publication — communicating, performing, etc., authorial work published under section 230

232 Preservation and replacement — copying material in public collection

233 Administration — copying or communicating material in public collection

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

Division 7 — Use of computer programs

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

Division 8 — Computational data analysis

243 Interpretation: what is computational data analysis

244 Copying or communicating for computational data analysis

Division 9 — Communication of sound recordings and recordings of protected performances

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

Division 10 — Films

249 Films depicting historical events

250 Using record of sounds in films

Division 11 — Broadcasting, cable programmes and simulcasting

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

Division 12 — Making musical records

259 Interpretation and scope of this Division

260 Conditions for making musical records

261 Conditions for including literary or dramatic work in musical record

262 Regulations and inquiry on amount of royalties

263 Regulations on other matters

264 Modifications relating to records made before 10 April 1987

Division 13 — Artistic works

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

Division 14 — Artistic works with corresponding designs and industrially applied artistic works

270 Interpretation of this Division

271 Purpose of this Division

272 Artistic work with corresponding design that is or was registered under Registered Designs Act

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

275 Artistic works that have been industrially applied

276 Application to artistic works made before 10 April 1987

Division 15 — Material in public registers, publicly disclosed material and data sharing within public sector

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

Division 16 — Acts for service of Government

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 the course of public act

289 Modification when exclusive copyright licence in force

Division 17 — Judicial proceedings and legal advice

290 Acts done for judicial proceedings

291 Acts done for seeking legal advice

Division 18 — Miscellaneous

292 Temporary copies made in the 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 work in course of permitted use of authorial work

299 Private and domestic use

300 Recording performance, etc., in mistaken belief of authorisation

Division 19 — Notation of copies

301 When and how should a copy 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

Division 1 — Remedies for 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

Division 2 — Remedies against network service providers

Subdivision 1 Preliminary

313 Interpretation of this Division

314 Provisions relating to rights infringement not affected

Subdivision 2 Restriction of remedies against rights infringements in course of providing network services

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

Subdivision 3 Disabling access to flagrantly infringing online locations

325 Access disabling order

326 Procedure for application

327 Variation and revocation of order

328 Application of presumptions

Division 3 — Border enforcement measures against infringing goods

Subdivision 1 Preliminary

329 Interpretation of this Division

330 Interpretation: what are infringing goods

331 Infringement actions to which this Division applies

Subdivision 2 Seizure on request

332 Request to seize

333 Duration of request

334 Seizure on request

335 Notice to bring action after seizure

Subdivision 3 Seizure without request

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

Subdivision 4 Infringement action after seizure

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

Subdivision 5 Supplementary provisions on seizure

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

Subdivision 6 Powers to search for seizable infringing goods

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

Subdivision 7 Administration of this Division

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

Division 1 — Author’s moral rights

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

Division 2 — Performer’s moral rights

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

Division 3 — Protection of electronic rights management information

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

Division 4 — Protection of technological measures

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

Division 1 — Offences with commercial element

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

Division 2 — Offences without commercial element

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

Division 3 — Other provisions

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

Division 1 — Preliminary

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

Division 2 — Class licensing of CMOs

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

Division 3 — Review of tariff schemes, etc., by Copyright Tribunals

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

Division 4 — Miscellaneous

476 CMO may apply to Tribunal on behalf of rights owners

Part 10 COPYRIGHT TRIBUNALS

Division 1 — Preliminary

477 Interpretation of this Part

478 Agreements or awards not affected

Division 2 — Establishment of Tribunals

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

Division 3 — Functions, procedure and evidence

485 Functions of Tribunals

486 Constitution of Tribunal

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 on question of law arising in case to General Division of High 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

503 Application of Electronic Transactions Act

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

Division 1 — Preliminary

508 References in laws and documents to predecessor Acts and copyright thereunder

Division 2 — Works, acts, etc., before 1 July 1912

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

Division 3 — Works, acts, etc., before 10 April 1987

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 a 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

Division 4 — Commercial rental arrangements in respect of copies bought before 16 April 1998

528 Copies of computer programs bought before 16 April 1998

529 Copies of sound recordings bought before 16 April 1998

Division 5 — Copyright and protection expiring before 1 July 2004

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

Division 6 — Assignments and licences before 1 January 2005

532 Assignments and licences made before 1 January 2005 and relating to broadcasting and cable programmes

Division 7 — Works, performances, acts, etc., before appointed day

533 No revival or extension of copyright in authorial work, sound recording or film expiring before appointed day

534 Assignments and licences of copyright made on or after 10 April 1987 and before appointed day to have similar effect

535 Assignments of performers’ rights made before appointed day to have similar effect

536 Photographs taken on or after 10 April 1987 and before appointed day — who is the author

537 Photographs taken on or after 10 April 1987 and before appointed day — presumptions relating to authorship

538 Editions of authorial works published by Government before appointed day — no infringement of Government copyright

539 Deciding equitable remuneration payable under 1987 Act

540 Copyright Tribunals constituted under 1987 Act

541 Saving and transitional provision

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Published in Acts Supplement
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Table of Contents

1 Short title and commencement

2 Application to things existing before appointed day

3 Extension of Act to reciprocating countries

4 Exclusion of non‑reciprocating countries from Act

5 Savings for other laws

6 Act binds Government

Part 2 INTERPRETATION Division 1 — General

7 General interpretation

Division 2 — Works and performances Subdivision 1 Works

8 What is a work

Subdivision 2 Authorial works in general

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

Subdivision 3 Literary, dramatic and musical works

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

Subdivision 4 Adaptations of literary, dramatic or musical works

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

Subdivision 5 Artistic works

20 What is an artistic work

Subdivision 6 Sound recordings

21 What is a sound recording

22 When is a sound recording made

23 Who is the maker of a sound recording

Subdivision 7 Films

24 What is a film; what are the visual images, sounds and sound‑track of a film

25 What is the making of a film

26 Who is the maker of a film

Subdivision 8 Broadcasts

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

Subdivision 9 Cable programmes

34 What is a cable programme

35 What is a cable programme service

36 What is inclusion in a cable programme service

Subdivision 10 Qualifying performances and recordings of protected performances

37 What is a qualifying performance

38 What is a recording of a protected performance

Division 3 — Acts relating to works and performances Subdivision 1 General

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

Subdivision 2 Copying

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

Subdivision 3 Publishing

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 appointed day

60 Specific acts that do not constitute publication

Subdivision 4 Communicating

61 What does communicate mean

62 What does accessibility on demand mean

63 Who is the maker of a communication

Subdivision 5 Broadcasting, etc.

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

Subdivision 6 Performing

67 What does a performance of an authorial work include

68 Performance by operating receiving apparatus

69 Performance by operating apparatus for reproducing sounds

Subdivision 7 Causing visual images to be seen or sounds to be heard

70 Communication not included

71 Causing by operating receiving apparatus

72 Causing by operating apparatus for reproducing sounds

Subdivision 8 Commercial acts

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

Division 4 — Relevant persons and organisations Subdivision 1 Qualified individuals and persons

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

Subdivision 2 International organisations

81 What is a prescribed international organisation

82 Legal capacity of prescribed international organisation

Subdivision 3 Educational institutions

83 What is an educational institution

84 What is the body administering an educational institution

Subdivision 4 Persons with print disabilities

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

Subdivision 5 Persons with intellectual disabilities

89 What is an institution aiding persons with intellectual disabilities

90 What is the body administering an institution aiding persons with intellectual disabilities

Subdivision 6 Public collections: galleries, libraries, archives and museums

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

Division 5 — Rights and rights infringements Subdivision 1 Common provisions

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

Subdivision 2 Provisions relating to copyright works

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

Subdivision 3 Provisions relating to protected performances

104 If there are 2 or more rights owners for a protected performance, whose authority is relevant

Division 6 — Miscellaneous

105 When is a visual image or sound embodied in an article or a thing

Part 3 COPYRIGHT IN WORKS Division 1 — General

106 Copyright subsists only by virtue of this Act

107 Copyrights to subsist independently

108 Nature of copyright

Division 2 — Authorial works

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

Division 3 — Published editions of authorial works

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

Division 4 — Sound recordings

120 Conditions for copyright to subsist in sound recordings

121 Nature of copyright in sound recordings

122 Duration of copyright in sound recordings

Division 5 — Films

123 Conditions for copyright to subsist in films

124 Nature of copyright in films

125 Duration of copyright in films

Division 6 — Broadcasts

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

Division 7 — Cable programmes

130 Conditions for copyright to subsist in cable programmes

131 Nature of copyright in cable programmes

132 Duration of copyright in cable programmes

Division 8 — Ownership and transactions

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 appointed day

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

Division 9 — Infringement of copyright Subdivision 1 What is an infringement of copyright

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

Subdivision 2 Action for copyright infringement

153 Action for copyright infringement

154 Limitation of action

155 Remedies and border enforcement measures

Subdivision 3 Infringement action where exclusive licensee has concurrent right of action

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

Subdivision 4 Presumptions in infringement actions

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 literary, dramatic, musical or artistic work

170 Presumptions relating to label or mark on copy 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 Division 1 — General provisions

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

Division 2 — Fair use

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 of article copied for research or study

Division 3 — Education and educational institutions

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.

Division 4 — Persons with print disabilities

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

Division 5 — Persons with intellectual disabilities

217 Copying by institution aiding persons with intellectual disabilities — authorial works

218 Copying, etc., by institution aiding persons with intellectual disability — 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

Division 6 — Public collections: galleries, libraries, archives and museums

221 Interpretation: what is an article in a periodical publication

222 Public use and enjoyment — copying for public exhibition

223 Public use and enjoyment — publicising public exhibition

224 Public use and enjoyment — performing for public exhibition

225 Public use and enjoyment — making collection available on network of public collection

226 Research or study — copying and communicating material for users of public collection

227 Research or study — copying originals for use on premises of public collection

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 collection

230 Publication — publishing unpublished old authorial works in public collection

231 Publication — communicating, performing, etc., authorial work published under section 230

232 Preservation and replacement — copying material in public collection

233 Administration — copying or communicating material in public collection

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

Division 7 — Use of computer programs

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

Division 8 — Computational data analysis

243 Interpretation: what is computational data analysis

244 Copying or communicating for computational data analysis

Division 9 — Communication of sound recordings and recordings of protected performances

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

Division 10 — Films

249 Films depicting historical events

250 Using record of sounds in films

Division 11 — Broadcasting, cable programmes and simulcasting

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

Division 12 — Making musical records

259 Interpretation and scope of this Division

260 Conditions for making musical records

261 Conditions for including literary or dramatic work in musical record

262 Regulations and inquiry on amount of royalties

263 Regulations on other matters

264 Modifications relating to records made before 10 April 1987

Division 13 — Artistic works

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

Division 14 — Artistic works with corresponding designs and industrially applied artistic works

270 Interpretation of this Division

271 Purpose of this Division

272 Artistic work with corresponding design that is or was registered under Registered Designs Act

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

275 Artistic works that have been industrially applied

276 Application to artistic works made before 10 April 1987

Division 15 — Material in public registers, publicly disclosed material and data sharing within public sector

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

Division 16 — Acts for service of Government

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 the course of public act

289 Modification when exclusive copyright licence in force

Division 17 — Judicial proceedings and legal advice

290 Acts done for judicial proceedings

291 Acts done for seeking legal advice

Division 18 — Miscellaneous

292 Temporary copies made in the 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 work in course of permitted use of authorial work

299 Private and domestic use

300 Recording performance, etc., in mistaken belief of authorisation

Division 19 — Notation of copies

301 When and how should a copy 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 Division 1 — Remedies for 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

Division 2 — Remedies against network service providers Subdivision 1 Preliminary

313 Interpretation of this Division

314 Provisions relating to rights infringement not affected

Subdivision 2 Restriction of remedies against rights infringements in course of providing network services

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

Subdivision 3 Disabling access to flagrantly infringing online locations

325 Access disabling order

326 Procedure for application

327 Variation and revocation of order

328 Application of presumptions

Division 3 — Border enforcement measures against infringing goods Subdivision 1 Preliminary

329 Interpretation of this Division

330 Interpretation: what are infringing goods

331 Infringement actions to which this Division applies

Subdivision 2 Seizure on request

332 Request to seize

333 Duration of request

334 Seizure on request

335 Notice to bring action after seizure

Subdivision 3 Seizure without request

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

Subdivision 4 Infringement action after seizure

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

Subdivision 5 Supplementary provisions on seizure

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

Subdivision 6 Powers to search for seizable infringing goods

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

Subdivision 7 Administration of this Division

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 Division 1 — Author’s moral rights

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

Division 2 — Performer’s moral rights

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

Division 3 — Protection of electronic rights management information

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

Division 4 — Protection of technological measures

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 Division 1 — Offences with commercial element

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

Division 2 — Offences without commercial element

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

Division 3 — Other provisions

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 Division 1 — Preliminary

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

Division 2 — Class licensing of CMOs

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

Division 3 — Review of tariff schemes, etc., by Copyright Tribunals

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

Division 4 — Miscellaneous

476 CMO may apply to Tribunal on behalf of rights owners

Part 10 COPYRIGHT TRIBUNALS Division 1 — Preliminary

477 Interpretation of this Part

478 Agreements or awards not affected

Division 2 — Establishment of Tribunals

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

Division 3 — Functions, procedure and evidence

485 Functions of Tribunals

486 Constitution of Tribunal

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 on question of law arising in case to General Division of High 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

503 Application of Electronic Transactions Act

504 Immunity of officers and employees of Government and IPOS

505 Regulations

506 Repeal of Copyright Act

Part 12 TRANSITIONAL Division 1 — Preliminary

508 References in laws and documents to predecessor Acts and copyright thereunder

Division 2 — Works, acts, etc., before 1 July 1912

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

Division 3 — Works, acts, etc., before 10 April 1987

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 a 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

Division 4 — Commercial rental arrangements in respect of copies bought before 16 April 1998

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

Division 6 — Assignments and licences before 1 January 2005

532 Assignments and licences made before 1 January 2005 and relating to broadcasting and cable programmes

Division 7 — Works, performances, acts, etc., before appointed day

533 No revival or extension of copyright in authorial work, sound recording or film expiring before appointed day

534 Assignments and licences of copyright made on or after 10 April 1987 and before appointed day to have similar effect

535 Assignments of performers’ rights made before appointed day to have similar effect

536 Photographs taken on or after 10 April 1987 and before appointed day — who is the author

537 Photographs taken on or after 10 April 1987 and before appointed day — presumptions relating to authorship

538 Editions of authorial works published by Government before appointed day — no infringement of Government copyright

539 Deciding equitable remuneration payable under 1987 Act

540 Copyright Tribunals constituted under 1987 Act

541 Saving and transitional provision

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Published in Acts Supplement on 07 Oct 2021

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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.