35. The Copyright Act is amended by inserting, immediately after Part XI, the following Part:“PART XII 246.—(1) In this Part —“action” means a proceeding of a civil nature between parties and includes a counterclaim; |
“authorised”, in relation to a recording of a performance, means made with the authority of the performer; |
“direct”, in relation to a recording of a performance, means made —(a) | directly from the live performance; or | (b) | from a broadcast or re-broadcast of, or a cable programme that includes, the performance; |
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“exempt recording” means —(a) | a direct recording of a performance made solely for the purpose of the private and domestic use of the person who made it; | (b) | a direct recording of a performance made solely for the purpose of use in scientific research; | (c) | a direct recording of a performance made by, or on behalf of, the body administering an educational institution solely for the educational purposes of that institution or of another educational institution; | (d) | a direct recording of a performance made for the purposes of setting or answering the questions in an examination or communicating the questions to the candidates; | (e) | a direct recording of a performance made in the course of instruction, or preparation for instruction, in the making of a cinematograph film or a sound-track associated with the visual images forming part of a cinematograph film, if the recording is done by a person giving or receiving such instruction; | (f) | a direct recording of a performance made by, or on behalf of, the body administering an institution assisting handicapped readers solely for use by a handicapped reader for the purpose of research or private study that he is undertaking or proposes to undertake, or for the purpose of otherwise instructing himself on any matter; | (g) | a direct recording of a performance made by, or on behalf of, the body administering an institution assisting intellectually handicapped persons solely for the purpose of the provision, whether by the institution or otherwise, of assistance to intellectually handicapped persons; | (h) | a direct recording of a performance made —(i) | for the purpose of, or associated with, the reporting of news or current affairs; or | (ii) | for the purpose of criticism or review; |
| (i) | a direct recording of a performance made —(i) | for the purpose of judicial proceedings; | (ii) | for the purpose of seeking professional advice from an advocate and solicitor; or | (iii) | for the purpose of, or in the course of, the giving of professional advice by an advocate and solicitor; |
| (j) | a direct recording of a performance made by a broadcaster who has the authority of the performer to broadcast the performance, being a recording made solely for the purpose of making that broadcast; | (k) | a direct recording of a performance made by a person who reasonably believes, due to a fraudulent or innocent misrepresentation made to the person, that the performer has authorised the making of the recording by the person; | (l) | a copy of a recording referred to in paragraph (a), (b), (c), (d), (e), (f), (g), (h) or (i), being a copy made solely for a purpose referred to in any of those paragraphs; | (m) | a copy of a recording referred to in paragraph (j), being a copy made solely for the purpose referred to in that paragraph; | (n) | a copy of a recording referred to in paragraph (k), being a copy made —(i) | by a person who believes, due to a fraudulent or innocent misrepresentation made to the person, that the performer has authorised the making of the copy; or | (ii) | solely for a purpose referred to in paragraph (a), (b), (c), (d), (e), (f), (g), (h) or (i); or |
| (o) | a copy of an authorised recording of a performance; |
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“performance” means —(a) | a performance (including an improvisation) of a dramatic work, or part of such a work, including such a performance given with the use of puppets; | (b) | a performance (including an improvisation) of a musical work or part of such a work; | (c) | the reading, recitation or delivery of a literary work, or part of such a work, or the recitation or delivery of an improvised literary work; | (d) | a performance of a dance; or | (e) | a performance of a circus act or a variety act or any similar presentation or show, |
being a live performance given in Singapore or by one or more qualified persons, whether in the presence of an audience or otherwise; |
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“protection period”, in relation to a performance, means the period beginning on the day when the performance is given and ending at the end of the period of 50 calendar years after the calendar year in which the performance is given; |
“qualified person” means a citizen of Singapore or a person resident in Singapore; |
“recording” means a sound recording other than an exempt recording; |
“unauthorised”, in relation to a recording of a performance, means made without the authority of the performer; |
“unauthorised use” has the meaning given to it in section 252. |
(2) The following shall be taken not to be performances for the purposes of this Part:(a) | a performance referred to in section 23(1); | (b) | a reading, recital or delivery of any item of news and information; | (c) | a performance of a sporting activity; | (d) | a participation in a performance as a member of an audience; | (e) | a performance in a National Day Parade in Singapore; | (f) | any other performance as may be prescribed by the Minister. |
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(3) In this Part —(a) | a reference to the doing of an act in relation to a performance shall be read as including a reference to the doing of that act in relation to a substantial part of the performance; | (b) | a reference to the doing of an act in relation to a recording of a performance shall be read as including a reference to the doing of that act in relation to a recording of a substantial part of the performance; | (c) | a reference to the doing of an act in relation to a performance, or a recording of a performance, with the authority of the performer is, in the case of 2 or more performers, a reference to the doing of the act where each of the performers has authorised the doing of the act; | (d) | a reference to the doing of an act in relation to a performance, or a recording of a performance, with the authority of the performer is, in the case of 2 or more performers, a reference to the doing of the act where each of the performers has authorised the doing of the act; and | (e) | a reference to the doing of an act in relation to a performance, or a recording of a performance, without the authority of the performer is, in the case of 2 or more performers, a reference to the doing of the act where at least one of the performers has not authorised the doing of the act. |
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247. Without limiting the meaning of the expression “educational purposes” in paragraph (c) of the definition of “exempt recording” in section 246(1), a recording or a copy of such a recording, shall be taken to have been made for the educational purposes of an educational institution if it is made —(a) | for use in connection with a particular course of instruction provided by the institution; or | (b) | for inclusion in the collection of a library of the institution. |
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Exempt recordings cease to be exempt recordings in certain circumstances |
248.—(1) If any recording of a performance, being a recording that is an exempt recording under paragraph (j) of the definition of “exempt recording” in section 246(1), is not destroyed before the expiration of the period of 6 months or, in the case of a recording made by a non-profit organisation solely for its own broadcast, 2 years, commencing on the day on which the recording is first used for broadcasting the performance, the recording shall, at the end of that period, cease to be an exempt recording.(2) If any copy of a recording of a performance, being an exempt recording under paragraph (m) of the definition of “exempt recording” in section 246(1), is not destroyed before the expiration of the period of 6 months or, in the case of a copy made by a non-profit organisation solely for its own broadcast, 2 years, commencing on the day on which the copy is first used for broadcasting the performance, the copy of the recording shall, at the end of that period, cease to be an exempt recording. |
(3) A recording or a copy of such a recording that is an exempt recording because it was made for a purpose referred to in paragraph (a), (b), (c), (d), (e), (f), (g), (h) or (i) of the definition of “exempt recording” in section 246(1), ceases to be an exempt recording if it is used for any other purpose without the authority of the performer. |
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249. For the purposes of this Part, a recording or a copy of such a recording shall be taken not to have been made for the private and domestic use of the person who made it if it is made for the purpose of —(a) | the sale or letting for hire of the recording; | (b) | broadcasting the recording or including it in a cable programme; or | (c) | causing the recording to be heard in public. |
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References to inclusion of performance in a cable service |
250. A reference in this Part to the inclusion of a performance in a cable programme service is a reference to the inclusion of the performance in a programme of such a service by the person providing that service. |
251.—(1) This Part shall apply to an act done on or after the date of commencement of the Copyright (Amendment) Act 1998 in relation to a performance given before, on or after that date.(2) Nothing in this Part shall affect any copyright subsisting in a work that is performed or in any sound recording, cinematograph film or broadcast of a performance, or any other right or obligation arising otherwise than under this Part. |
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What constitutes unauthorised use |
252.—(1) A person makes an unauthorised use of a performance if the person, at any time during the protection period of the performance and without the authority of the performer —(a) | makes a direct recording of the performance; | (b) | broadcasts live the performance; | (c) | makes a copy of a recording of the performance that the person knows, or ought reasonably to know, is an unauthorised recording; | (d) | makes a copy of an exempt recording of the performance, being a copy that the person knows, or ought reasonably to know, is not itself an exempt recording; or | (e) | causes the performance to be seen and heard, or seen or heard, live in public. |
(2) This section shall apply only to acts done in Singapore. |
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Action for unauthorised use |
253.—(1) A performer may bring an action for an unauthorised use of his performance.(2) The relief that a court may grant in an action for an unauthorised use of a performance includes an injunction (subject to such terms, if any, as the court thinks fit) and damages. |
(3) Where, in an action for an unauthorised use of a performance —(a) | the unauthorised use is established; and | (b) | the court is satisfied that it is proper to do so, having regard to —(i) | the flagrancy of the use; | (ii) | any benefit shown to have accrued to the defendant by reason of the use; and | (iii) | all other relevant matters, |
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the court may, in assessing damages, award such additional damages as it considers appropriate in the circumstances. |
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(4) The court may, in addition to any relief granted under subsections (2) and (3), order any unauthorised recording of the performance, or any article specifically designed or adapted for making unauthorised recordings of the performance, in the possession of the defendant or before the court to be delivered up to the performer. |
(5) No order shall be made under subsection (4) unless the court also makes, or it appears to the court that there are grounds for making, an order under section 254. |
(6) A performer to whom an unauthorised recording or other object is delivered up pursuant to an order made under subsection (4) shall, if an order under section 254 is not made, retain the recording or object pending the making of an order, or the decision not to make an order, under that section. |
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Order for disposal of infringing copies or other object |
254.—(1) An application may be made to the court for an order that an unauthorised recording or other object delivered up pursuant to an order made under section 253 shall be —(a) | forfeited to the performer; or | (b) | destroyed or otherwise dealt with as the court thinks fit. |
(2) In considering what order, if any, should be made under this section, the court shall have regard to —(a) | whether other remedies available in an action for an unauthorised use of a performance would be adequate to compensate the performer and to protect the interests of that performer; and | (b) | the need to ensure that no unauthorised recording is disposed of in a manner that would adversely affect a performer. |
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(3) The court shall issue directions as to the service of notice on persons having an interest in the recording or other object. |
(4) Any person having an interest in the recording or other object is entitled —(a) | to appear in proceedings for an order under this section, whether or not he is served with notice; and | (b) | to appeal against any order made, whether or not he appears in the proceedings. |
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(5) An order made under this section shall not take effect until the end of the period within which notice of an appeal may be given or, if before the end of that period notice of appeal is duly given, until the final determination or abandonment of the proceedings on the appeal. |
(6) Where there is more than one person interested in a recording or other object, the court may direct that the object be sold, or otherwise dealt with, and the proceeds divided, and shall make any other order as it thinks just. |
(7) If the court decides that no order should be made under this section, the person in whose possession the recording or other object was before being delivered up is entitled to its return and the court may order the defendant to pay to the performer such damages as the court thinks just or equitable. |
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Rights to bring an action not assignable |
255. The right of a performer to bring an action under this Part is not assignable. |
Application to foreign countries |
256.—(1) The Minister may make regulations applying any of the provisions of this Part specified in the regulations, in relation to a country so specified, in any one or more of the following ways, so as to secure that those provisions —(a) | apply in relation to performances given in that country as they apply in relation to performances given in Singapore; | (b) | apply in relation to persons who are citizens or nationals of that country as they apply in relation to persons who are citizens of Singapore; | (c) | apply in relation to persons who are resident in that country as they apply in relation to persons who are resident in Singapore. |
(2) Regulations made under subsection (1) may apply the provisions —(a) | without exception or modification or subject to such exceptions or modifications as may be specified in the regulations; and | (b) | either generally or in relation to such classes of performances, or other classes of cases, as may be specified in the regulations. |
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(3) The Minister shall not make regulations applying any of the provisions of this Part in the case of a country, other than a country which is a party to a Convention relating to the protection of performers to which Singapore is also a party, unless the Minister is satisfied that, in respect of the performances to which those provisions relate, provision has been or will be made under the law of that country whereby adequate protection is or will be given to performers whose performances are protected under this Part. |
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Denial of protection to citizens of countries not giving adequate protection to Singapore performances |
257.—(1) If it appears to the Minister that the law of a country does not give adequate protection to performances given in that country by a citizen of Singapore or a person resident in Singapore (whether the lack of protection relates to the nature of the performance or the nationality, citizenship or country of residence of its performer, or all of those matters), the Minister may, having regard to the nature and extent of the lack of protection involved, make regulations in relation to that country in accordance with subsection (2).(2) Regulations made for the purposes of this section may provide, either generally or in such cases as are specified in the regulations, that this Part does not apply to performances given after a date specified in the regulations (which may be a date before the commencement of the regulations or of the Copyright (Amendment) Act 1998) if, at the time the performances were or are given, the performers were or are citizens or nationals of a country specified in the regulations, other than persons resident in Singapore.”. |
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