Copyright Act 2021 - Singapore Statutes Online

Status:

Published in Acts Supplement
on 07 Oct 2021

Permitted uses that may not be excluded or restricted

187.—(1) Any contract term is void to the extent that it purports, directly or indirectly, to exclude or restrict any permitted use under any provision in —

(a)	Division 6 (public collections), but not section 234 (supplying copies of published literary, dramatic or musical works or articles between libraries and archives);
(b)	Division 7 (computer programs);
(c)	Division 8 (computational data analysis); or
(d)	Division 17 (judicial proceedings and legal advice).

(2) Without limiting subsection (1), a contract term is void to the extent that it purports, directly or indirectly, to prevent or restrict the doing of any of the following acts in circumstances that constitute a permitted use under the provisions mentioned in subsection (1):

(a)	making a copy of a work or a recording of a protected performance;
(b)	supplying (whether by communication or otherwise) a copy of a work or a recording of a performance;
(c)	performing a work or a recording of a protected performance.

(3) This section applies to any contract made before, on or after the appointed day.

Interpretation: what is computational data analysis

243. In this Division, “computational data analysis”, in relation to a work or a recording of a protected performance, includes —

(a)

using a computer program to identify, extract and analyse information or data from the work or recording; and

(b)

using the work or recording as an example of a type of information or data to improve the functioning of a computer program in relation to that type of information or data.

Illustration

An example of computational data analysis under paragraph (b) is the use of images to train a computer program to recognise images.

Copying or communicating for computational data analysis

244.—(1) If the conditions in subsection (2) are met, it is a permitted use for a person (X) to make a copy of any of the following material:

(a)	a work;
(b)	a recording of a protected performance.

(2) The conditions are —

(a)

the copy is made for the purpose of —

(i)	computational data analysis; or
(ii)	preparing the work or recording for computational data analysis;

(b)

X does not use the copy for any other purpose;

(c)

X does not supply (whether by communication or otherwise) the copy to any person other than for the purpose of —

(i)	verifying the results of the computational data analysis carried out by X; or
(ii)	collaborative research or study relating to the purpose of the computational data analysis carried out by X;

(d)

X has lawful access to the material (called in this section the first copy) from which the copy is made; and

Illustrations

(a) X does not have lawful access to the first copy if X accessed the first copy by circumventing paywalls.

(b) X does not have lawful access to the first copy if X accessed the first copy in breach of the terms of use of a database (ignoring any terms that are void by virtue of section 187).

(e)

one of the following conditions is met:

(i)

the first copy is not an infringing copy;

(ii)

the first copy is an infringing copy but —

(A)	X does not know this; and
(B)	if the first copy is obtained from a flagrantly infringing online location (whether or not the location is subject to an access disabling order under section 325) — X does not know and could not reasonably have known that;

(iii)

the first copy is an infringing copy but —

(A)	the use of infringing copies is necessary for a prescribed purpose; and
(B)	X does not use the copy to carry out computational data analysis for any other purpose.

(3) To avoid doubt, a reference in subsection (1) to making a copy includes a reference to storing or retaining the copy.

(4) It is a permitted use for X to communicate a work or a recording of a protected performance to the public if —

(a)

the communication is made using a copy made in circumstances to which subsection (1) applies; and

(b)

X does not supply (whether by communication or otherwise) the copy to any person other than for the purpose of —

(i)	verifying the results of the computational data analysis carried out by X; or
(ii)	collaborative research or study relating to the purpose of the computational data analysis carried out by X.

(5) For the purposes of this Act, the supply of copies of any material in circumstances to which this section applies —

(a)	is not to be treated as publishing the material (or any work or recording included in the material); and
(b)	must be ignored in determining the duration of any copyright in the material (or the included work).

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