Copyright Act 2021 - Singapore Statutes Online

Status:

Published in Acts Supplement
on 07 Oct 2021

Copying or communicating material for educational purposes of educational institutions

198.—(1) If the conditions in subsection (2) are met and subject to section 199, it is a permitted use to —

(a)

make a copy of any of the following material:

(i)	an authorial work;
(ii)	a recording of a protected performance; or

(b)

communicate the material.

(2) The conditions are —

(a)

the copy or communication is made by or on behalf of the body (X) administering an educational institution for the educational purposes of any educational institution;

(b)

in the case of an article in a periodical publication —

(i)	the copy or communication does not include 2 or more articles contained in the same periodical publication; or
(ii)	the copied or communicated articles relate to the same subject matter;

(c)

in the case of any other material that has been separately published —

(i)

not more than a reasonable portion of the material is copied or communicated; or

(ii)

before the material is copied or communicated, X (or a person acting on behalf of X) —

(A)	makes a reasonable investigation; and
(B)	is satisfied that there is no new copy of the material that could be obtained within a reasonable time at an ordinary commercial price;

(d)

in the case of subsection (1)(a) — the copy is notated according to section 301; and

(e)

as soon as practicable after the copy or communication is made, the prescribed record is made by or on behalf of X.

(3) The record mentioned in subsection (2)(e) may, if the copy or communication is exempt, state so.

(4) X must pay equitable remuneration to the rights owner if —

(a)

the owner makes a written request within the prescribed time after the copy or communication is made; and

(b)

the copy or communication is —

(i)	not exempt; or
(ii)	not stated as exempt in the record made under subsection (2)(e).

(5) The amount of equitable remuneration is to be —

(a)	agreed between X and the rights owner; or
(b)	in default of agreement, decided by a Copyright Tribunal.

(6) For the purposes of this section —

(a)

without limiting section 195, a copy or communication is taken to be made for the educational purposes of any educational institution if it is made in an electronic form on a network operated or controlled by the institution for the purpose of being accessed by persons undertaking a course of education provided by the institution or another educational institution; and

(b)

a copy or communication made for the educational purposes of an educational institution is exempt if —

(i)	the copy is made for distribution, or the communication is made, to persons undertaking a correspondence course or an external study course provided by the institution;
(ii)	the copy is not distributed, or the communication is not made, as part of the lecture notes prepared for the course;
(iii)	in the case of an authorial work other than an article in a periodical publication — only a reasonable portion of the work is copied or communicated; and
(iv)	in the case of a recording of a protected performance — only a reasonable portion of the recording is copied or communicated.

(7) This section does not affect the right of the rights owner of an authorial work to grant a licence to, or the right of the rights owner of a protected performance to authorise, the body administering an educational institution —

(a)	to make, or cause to be made, copies of the work or recordings of the performance; or
(b)	to communicate, or cause to be communicated, the work or performance.

(8) For the purposes of this section, an article in a periodical publication or a literary, dramatic or musical work is taken to include an explanatory or illustrative artistic work accompanying the article or the literary, dramatic or musical work.

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