Copyright Act 2021 - Singapore Statutes Online

Status:

Published in Acts Supplement
on 07 Oct 2021

Using material available on Internet for educational purposes

204.—(1) If the conditions in subsection (2) are met, the following acts are permitted uses:

(a)	making a copy of a work or a recording of a protected performance;
(b)	communicating a work or a recording of a protected performance to the public;
(c)	making an adaptation of a literary, dramatic or musical work;
(d)	recording a protected performance live.

(2) The conditions are —

(a)

the work, recording or performance was accessed by the person (X) using the Internet;

(b)

when X accessed the work, recording or performance, it was generally accessible by the public free of charge using the Internet;

Illustrations

(a) A work, recording or performance is not generally accessible to the public if it is accessible only for a limited period that cannot be renewed or extended (for example, under a one‑time trial subscription).

(b) A work, recording or performance is not generally accessible to the public if it is accessible only by circumventing an access control measure in circumstances that constitute an infringement of Division 4 of Part 7 (protection of technological measures).

(c) A work, recording or performance is not accessible free of charge if it is only accessible under a paid subscription, even if not all users of the subscription paid for it.

(c)

either —

(i)	X is a public officer or an officer of a public body, and the act is done for the purpose of developing or implementing a curriculum for an educational institution; or
(ii)	X is a student of or a member of the staff of an educational institution, and the act is done for the educational purposes of that institution;

(d)

X cites (or causes to be cited) the Internet source from which the work, recording or performance was accessed and the date on which the source was accessed;

(e)

X gives (or causes to be given) a sufficient acknowledgment of the work, recording or performance, if and to the extent that the necessary information is available from the Internet source;

(f)

in the case of subsection (1)(b) — the communication is done on —

(i)

a network —

(A)	that is operated or controlled by an educational institution; and
(B)	to which access is limited to the students or staff of that institution; or

(ii)

a prescribed platform; and

(g)

if the work, recording or performance has been made available on the Internet in circumstances that constitute a rights infringement —

(i)

X does not know and is not notified of this fact when X does the acts mentioned in subsection (1); and

(ii)

if X is subsequently notified of this fact —

(A)	X stops doing any of the acts mentioned in subsection (1); and
(B)	insofar as the work or recording has been communicated to the public, X takes reasonable steps to prevent the public from further accessing the work, recording or performance.

(3) Without limiting the expression “educational purposes” elsewhere in this Act, for the purposes of this section, the following are taken to be acts done for educational purposes:

(a)	collaborative research;
(b)	acts done for the purposes of teaching or study;
(c)	organising or participating in an exhibition or a competition (whether within an educational institution or at the national or international level).

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