Copyright Regulations - Singapore Statutes Online

(Chapter 63, Section 202)

Rg 4

REVISED EDITION 2009

(31st March 2009)

[10th April 1987]

Citation

1. These Regulations may be cited as the Copyright Regulations.

Definitions

2. In these Regulations, unless the context otherwise requires —

“address for service in Singapore” means an address at which service may be effected in accordance with regulation 15;

“officer-in-charge” means —

(a)	in relation to archives — the person holding, or performing the duties of, the office or position in the service of the body administering the archives the duties of which involve that person having direct responsibility for the maintenance of, and the provision of services in relation to, the collection comprising the archives; and
(b)	in relation to a library — the officer holding, or performing the duties of, the office or position in the service of the body administering the library the duties of which involve that person having direct responsibility for the maintenance of, and the provision of services in relation to, the collection comprising the library.

Educational institutions

3. [Deleted by S 221/2005]

Institutions assisting handicapped readers

4. For the purposes of the definition of “institution assisting handicapped readers” in section 7(1) of the Act, each of the institutions specified in the Second Schedule is declared to be, for the purposes of the Act, an institution assisting handicapped readers.

Institution assisting intellectually handicapped readers

4A. For the purposes of the definition of “institution assisting intellectually handicapped readers” in section 7(1) of the Act, each of the institutions specified in the Eighth Schedule is declared to be, for the purposes of the Act, an institution assisting intellectually handicapped readers.

Notices to be displayed

5. For the purposes of sections 34(b) and 105A(b) of the Act —

(a)	a notice 297 millimetres long and 210 millimetres wide shall be a notice of the prescribed dimensions; and
(b)	the prescribed form of notice shall be in the form set out in the Third Schedule.

Prescribed period for retention of records and copies made for simulcasting

5A.—(1) Where a sound recording or cinematograph film of a literary, dramatic or musical work, or of an adaptation of such a work, is made in accordance with section 43A(1) and (2) of the Act, the prescribed period for the purposes of section 43A(3) of the Act shall be —

(a)	subject to sub-paragraphs (b) and (c), 6 months;
(b)	subject to sub-paragraph (c), if the recording or film is made by a non-profit organisation, 2 years; or
(c)	such longer period as may be agreed between the maker of the recording or film and the owner of the copyright in the work,

commencing from the day on which the recording or any further record embodying the recording referred to in section 43A(2)(b)(i) of the Act, or the film or any further copy of the film referred to in section 43A(2)(b)(ii) of the Act, as the case may be, is first used for the purpose of simulcasting the work or adaptation, as the case may be, in digital form.

(2) Where a copy of a sound recording or cinematograph film is made in accordance with section 107A(1) and (2) of the Act, the prescribed period for the purposes of section 107A(3) of the Act shall be —

(a)	subject to sub-paragraphs (b) and (c), 6 months;
(b)	subject to sub-paragraph (c), if the copy is made by a non-profit organisation, 2 years; or
(c)	such longer period as may be agreed between the maker of the copy and the owner of the copyright in the recording or film,

commencing from the day on which that copy or any further copy referred to in section 107A(2)(b) of the Act is first used for the purpose of simulcasting the recording or film in digital form.

Notice of intended publication of unpublished work kept in public library

6. For the purposes of section 49(1)(b) and (2)(b) of the Act, the prescribed notice of the intended publication of the new work shall be a notice given by advertisement published in the Gazette not earlier than 3 months, and not later than 2 months, before the date of the publication or subsequent publication, as the case may be, of the new work and —

(a)	stating the name, and the address of the place of residence or business, of the person intending to publish the new work and the intention of that person to publish the new work;
(b)	stating the title (if any) of the old work and, if that title is not sufficient to enable that work to be identified, containing a description of that work that is sufficient for that purpose;
(c)	stating the time, or an estimate of the time, when the old work was made or the period, or an estimate of the period, over which the making of the old work extended, as the case may be;
(d)	if the name of the author of the old work is known to the person intending to publish the new work — stating the name of that author;
(e)	stating the name and address of the library or other place in which a copy, or the manuscript, of the old work is kept;
(f)	stating the name of the person from whom the copy or manuscript of the old work was acquired for the purposes of that library or other place or, if the person intending to publish the new work does not know the name of the person from whom the copy or manuscript was acquired for those purposes, stating that fact;
(g)	stating that a person claiming to be the owner of the copyright in the old work may give notice of his claim to the person intending to publish the new work; and
(h)	stating, at the foot of the notice, the name of the person by whom the notice is given.

Particulars of copying records

7.—(1) For the purposes of section 52(6) of the Act, a record of the copying of the whole or part of an article contained in a periodical publication by or on behalf of the body administering an educational institution for the educational purposes of the educational institution shall set out —

(a)	if the International Standard Serial Number in respect of the periodical publication is recorded in the periodical publication — that number;
(b)	if the International Standard Serial Number in respect of the publication is not so recorded — the name of the periodical publication;
(c)	the title or description of the article;
(d)	the name of the author of the article (if that name is known);
(e)	the volume, or volume and number, as the case requires, of the periodical publication containing the article;
(f)	the page numbers of the pages in that volume, or in that number of that volume, that have been copied, or, in a case where a page so copied does not bear a page number, such description of the page as will enable it to be identified;
(g)	the date on which those copies have been made; and
(h)	the number of copies made.

(2) For the purposes of section 52(7) of the Act, a record of the copying of the whole or part of a work (not being an article contained in a periodical publication) by or on behalf of the body administering an educational institution for the educational purposes of an educational institution shall set out —

(a)

if the International Standard Book Number in respect of the work is recorded in the edition of the work copied — that number;

(b)

if the International Standard Book Number in respect of the work is not so recorded —

(i)	the title or description of the work;
(ii)	the name of the publisher of the edition of the work; and
(iii)	the name of the author of the work (if that name is known);

(c)

the page numbers of the pages in the edition of the work that have been copied, or, in a case where a page so copied does not bear a page number, such description of the page as will enable it to be identified;

(ca)

if the work is contained in a published edition that is stored on any medium by electronic means, the total number of bytes in the edition that have been copied;

(d)

the date on which those copies have been made; and

(e)

the number of copies made.

(2A) For the purposes of paragraphs (1)(h) and (2)(e), if —

(a)	the copies made are in an electronic form on a network operated or controlled by an educational institution;
(b)	the copies are made to enable persons undertaking a course of education provided by that or another educational institution to access the article or work or that part of the article or work, as the case may be; and
(c)	the number of the copies made cannot reasonably be ascertained,

the number of the copies made shall be taken to be equal to the number of students enrolled in that course of education.

(3) For the purposes of sections 54(7) and 54A(4) of the Act, a record of the copying of the whole or part of an article contained in a periodical publication by or on behalf of the body administering an institution assisting handicapped readers shall set out —

(a)	if the International Standard Serial Number in respect of the periodical publication is recorded in the periodical publication — that number;
(b)	if the International Standard Serial Number in respect of the publication is not so recorded — the name of the periodical publication;
(c)	the title or description of the article;
(d)	the name of the author of the article (if that name is known);
(e)	the volume, or volume and number, as the case requires, of the periodical publication containing the article;
(f)	the page numbers of the pages in that volume, or in that number of that volume, that have been copied, or, in a case where a page so copied does not bear a page number, such description of the page as will enable it to be identified;
(g)	the date on which the copy has been made; and
(h)	the form in which the copy has been made.

(4) For the purposes of sections 54(8) and 54A(5) of the Act, a record of the copying of the whole or a part of a work (not being an article contained in a periodical publication) by or on behalf of the body administering an institution assisting handicapped readers shall set out —

(a)

if the International Standard Book Number in respect of the work is recorded in the edition of the work copied — that number;

(b)

if the International Standard Book Number in respect of the work is not so recorded —

(i)	the title or description of the work;
(ii)	the name of the publisher of the edition of the work; and
(iii)	the name of the author of the work (if that name is known);

(c)

the page numbers of the pages in the edition of the work that have been reproduced, or, in a case where a page so reproduced does not bear a page number, such description of the page as will enable it to be identified;

(d)

the date on which the copy has been made; and

(e)

the form in which the copy has been made.

Particulars of communication records

7A.—(1) For the purposes of section 52(7C) of the Act, a record of the communication of the whole or part of an article contained in a periodical publication by or on behalf of the body administering an educational institution for the educational purposes of the educational institution shall set out —

(a)	if the International Standard Serial Number in respect of the periodical publication is recorded in the periodical publication — that number;
(b)	if the International Standard Serial Number in respect of the publication is not so recorded — the name of the periodical publication;
(c)	the title or description of the article;
(d)	the name of the author of the article (if that name is known);
(e)	the volume, or volume and number, as the case requires, of the periodical publication containing the article;
(f)	the page numbers of the pages in that volume, or in that number of that volume, that have been communicated, or, in a case where a page so communicated does not bear a page number, such description of the page as will enable it to be identified;
(g)	the date on which the communication was made; and
(h)	the number of persons to whom the communication was made.

(2) For the purposes of section 52(7D) of the Act, a record of the communication of the whole or part of a work (not being an article contained in a periodical publication) by or on behalf of the body administering an educational institution for the educational purposes of an educational institution shall set out —

(a)

if the International Standard Book Number in respect of the work is recorded in the edition of the work copied — that number;

(b)

if the International Standard Book Number in respect of the work is not so recorded —

(i)	the title or description of the work;
(ii)	the name of the publisher of the edition of the work; and
(iii)	the name of the author of the work (if that name is known);

(c)

the page numbers of the pages in the edition of the work that have been communicated, or, in a case where a page so communicated does not bear a page number, such description of the page as will enable it to be identified;

(d)

if the work is contained in a published edition that is stored on any medium by electronic means, the total number of bytes in the edition that have been communicated;

(e)

the date on which the communication was made; and

(f)

the number of persons to whom the communication was made.

(3) For the purposes of paragraphs (1)(h) and (2)(f), if —

(a)	the communication is made through a network operated or controlled by an educational institution;
(b)	the communication is made to enable persons undertaking a course of education provided by that or another educational institution to receive the article or work or that part of the article or work, as the case may be; and
(c)	the number of persons to whom the communication was made cannot reasonably be ascertained,

the number of persons to whom the communication was made shall be taken to be equal to the number of students enrolled in that course of education.

Keeping of records and period for payment for making of copies

8.—(1) For the purposes of section 52(8)(a), 54(9)(a) or 54A(6)(a) of the Act, a record of the copying of a work or part of a work may, instead of being kept in writing, be kept in any manner that permits the information in the record to be elicited by the use of a computer.

(2) Subject to paragraph (3), for the purposes of section 52(8)(b), 54(9)(b) or 54A(6)(b) of the Act, where a record of the copying of a work or a part of a work is kept in writing, that record shall be kept in accordance with —

(a)	in the case of the copying of the whole or a part of an article contained in a periodical publication — the form in the Fourth Schedule or the Fifth Schedule, as the case requires; or
(b)	in the case of the copying of the whole or a part of a work not being an article contained in a periodical publication — the form in the Sixth Schedule or the Seventh Schedule, as the case requires.

(3) Strict compliance with the forms in the Fourth, Fifth, Sixth and Seventh Schedules is not necessary and substantial compliance is sufficient.

(4) For the purposes of sections 52(11), 54(10) and 54A(7) of the Act, the prescribed period shall be 4 years.

Keeping of records and period for payment for communication

8A.—(1) For the purposes of section 52(7C) and (7D) of the Act, a record of the communication of a work or a part of a work shall be kept in writing or in any manner that permits the information in the record to be elicited by the use of a computer.

(2) Subject to paragraph (3), where a record of the communication of a work or a part of a work is kept in writing, that record shall be kept in accordance with —

(a)	in the case of the communication of the whole or a part of an article contained in a periodical publication — the form in the Ninth Schedule; or
(b)	in the case of the communication of the whole or a part of a work not being an article contained in a periodical publication — the form in the Tenth Schedule.

(3) Strict compliance with the forms in the Ninth and Tenth Schedules is not necessary and substantial compliance is sufficient.

(4) For the purposes of section 52(11C) of the Act, the prescribed period shall be 4 years.

Retention of declarations in relation to copies, copying records and communication records

9.—(1) Where a copy of the whole, or a part of a work, or of other subject-matter, is made in reliance on section 45, 46, 48 or 113 of the Act by an authorised officer of a library or archives, the body administering the library or archives concerned and the officer-in-charge of the library or archives concerned shall retain the relevant declaration in relation to the making of the copy in the records of the library or archives until the expiration of 4 years after the date the copy was made, failing which the body administering the library or archives concerned and, subject to paragraph (3), the officer-in-charge of the library or archives concerned shall each be guilty of an offence and shall each be liable on conviction to a fine not exceeding $1,000.

(2) Where —

(a)	a copy of the whole or a part of the work is made in reliance on section 52 of the Act by or on behalf of the body administering an educational institution;
(b)	a handicapped reader’s copy of the whole or a part of a work is made in reliance on section 54 of the Act by or on behalf of the body administering an institution assisting handicapped readers; or
(c)	an intellectually handicapped reader’s copy of the whole or a part of a work is made in reliance on section 54A of the Act by or on behalf of the body administering an institution assisting intellectually handicapped readers,

the body administering the institution concerned and the custodian in charge of the copying records of the institution concerned shall retain the relevant record in relation to the making of the copy in the records of the institution until the expiration of 4 years after the date the copy was made, failing which the body administering the institution concerned and, subject to paragraph (3), the custodian in charge of the copying records of the institution concerned shall each be guilty of an offence and shall each be liable on conviction to a fine not exceeding $1,000.

(3) No officer-in-charge of a library or archives and no custodian in charge of the copying records of an educational institution, institution assisting handicapped readers or institution assisting intellectually handicapped readers shall be guilty of an offence of failing to comply with paragraph (1) or (2), if he proves that he took all reasonable precautions and exercised all due diligence to avoid the commission of such an offence by himself or any person under his control or supervision.

(4) Where the communication of the whole or a part of the work is made in reliance on section 52 of the Act by or on behalf of the body administering an educational institution, the body administering the institution and the custodian in charge of the communication records of the institution shall retain the relevant record in relation to the communication in the records of the institution until the expiration of 4 years after the date of the communication.

(5) The body administering the institution and, subject to paragraph (6), the custodian in charge of the communication records of the institution which fail to comply with paragraph (4) shall each be guilty of an offence and shall each be liable on conviction to a fine not exceeding $1,000.

(6) No custodian in charge of the communication records of an educational institution shall be guilty of an offence of failing to comply with paragraph (4) if he proves that he took all reasonable precautions and exercised all due diligence to avoid the commission of such an offence by himself or any person under his control or supervision.

Notice under section 45(9) of Act

9A.—(1) A notice given under section 45(9) of the Act to a person to whom an electronic copy of an article, or a part of an article, contained in a periodical publication, or of the whole or part of a published literary, dramatic or musical work other than such an article, is communicated shall state —

(a)	that the electronic copy has been made under section 45 of the Act;
(b)	that the article or work might be subject to copyright protection under the Act;
(c)	that the person is only entitled to use the electronic copy communicated to him for the purposes of his own research or study; and
(d)	that the person shall not use the electronic copy communicated to him in any manner which might constitute an infringement of any copyright in the article or work.

(2) Subject to paragraph (3), an authorised officer of a library or archives who, before or when communicating such an electronic copy to a person under section 45(2) and (9) of the Act, fails to give that person the notice under paragraph (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $1,000.

(3) No authorised officer of a library or archives shall be guilty of an offence of failing to comply with paragraph (2) if he proves that he took all reasonable precautions and exercised all due diligence to avoid the commission of such an offence.

(4) The notice under paragraph (1) may be given in writing or in any manner that permits the information in the notice to be elicited by the use of a computer.

Arrangement of declarations and records

10.—(1) The body administering the library or archives and the officer-in-charge of the library or archives shall arrange in chronological order the declarations that relate to the making of copies of the whole or parts of works, or of other subject-matter by an authorised officer of a library or archives in reliance on sections 45, 46, 48 and 113 of the Act and retain the declarations in the records of the body administering the library or archives according to the dates on which the declarations were made.

(2) The body administering the educational institution, an institution assisting handicapped readers or an institution assisting intellectually handicapped readers and the custodian in charge of the copying records of the institution shall arrange the copying records of the educational institution, institution assisting handicapped readers or institution assisting intellectually handicapped readers in such a manner as to allow a person to inspect all of those records that relate to any works by the same author without having to inspect any such records that relate to any works by another author.

Inspection of records and declarations retained by libraries, archives or institutions

11.—(1) The owner of the copyright in a work, sound recording or cinematograph film or the agent of such an owner —

(a)

may notify the officer-in-charge of a library or archives, in writing, that he wishes to inspect —

(i)	all the relevant declarations retained in the records of the library or archives that relate to the making, in reliance on section 45, 46, 48 or 113 of the Act, of copies of works or parts of works or of copies of other subject-matter;
(ii)	such of those declarations as relate to the making, in reliance on section 45, 46, 48 or 113 of the Act, of copies of works or parts of works or of copies of other subject-matter and were made during a period specified in the notice,

on a day specified in the notice, being an ordinary working day of the library, archives or institution not less than 7 days after the date of the giving of the notice; and

(b)

may, if the notice relates to the making of copies of works or parts of works or of copies of other subject-matter in reliance on section 48 or 113 of the Act, state in the notice that he also wishes to inspect, on the day so specified, the collection of the library or archives.

(2) The owner of the copyright in a work, or the agent of such an owner, may notify the custodian in charge of the copying records of an educational institution, institution assisting handicapped readers or institution assisting intellectually handicapped readers, in writing, that the owner or agent, as the case may be, wishes to inspect —

(a)	all the relevant records of the institution that relate to the making, in reliance on section 52 , 54 or 54A of the Act, of copies, handicapped readers’ copies, or intellectually handicapped readers’ copies, of works or parts of works; or
(b)	such of those records as relate to any works by a specified author,

on a day specified in the notice, being an ordinary working day of the institution not less than 7 days after the date of the giving of the notice.

(2A) The owner of the copyright in a work, or the agent of such an owner, may notify the custodian in charge of the communication records of an educational institution, in writing, that the owner or agent, as the case may be, wishes to inspect —

(a)	all the relevant records of the institution that relate to the communication, in reliance on section 52 of the Act, of electronic copies of works or parts of works; or
(b)	such of those records as relate to any works by a specified author,

on a day specified in the notice, being an ordinary working day of the institution not less than 7 days after the date of the giving of the notice.

(3) Where a person gives notice under paragraph (1) to the officer-in-charge of a library or archives that he wishes to inspect certain declarations on a particular day, that person may, during the ordinary working hours of the library or archives on that day but not earlier than 10 a.m. or later than 3 p.m., inspect the declarations to which the notice relates and, where the notice relates also to the inspection of the collection of the library or archives, may also during those hours on that day inspect that collection and, for that purpose, may enter the premises of the library or archives.

(4) Where a person gives notice under paragraph (2) or (2A) to the custodian in charge of the copying records or communication records, as the case may be, of an institution that he wishes to inspect certain records on a particular day, that person may, during the ordinary working hours of the institution on that day but not earlier than 10 a.m. or later than 3 p.m., inspect the records to which the notice relates and, for that purpose, may enter the premises of the institution at which the copying records or communication records, as the case may be, of the institution are kept.

(5) The body administering the library or archives and the officer-in-charge of the library or archives, as the case may be, shall, in relation to a person who attends at the premises of a library or archives for the purpose of exercising the powers conferred on him by paragraph (3), provide all reasonable facilities and assistance for the effective exercise of those powers.

(6) The body administering the institution and the custodian in charge of the copying records or communication records, as the case may be, of the institution shall, in relation to a person who attends at the premises of an institution for the purpose of exercising the powers conferred on him by paragraph (4), provide all reasonable facilities and assistance for the effective exercise of those powers.

Circumstances in which design is to be deemed to be applied industrially

12.—(1) For the purposes of section 74 of the Act, a design shall be deemed to be applied industrially if it is applied —

(a)	to more than 50 articles; or
(b)	to one or more articles (other than hand-made articles) manufactured in lengths or pieces.

(2) For the purposes of paragraph (1)(a), any 2 or more articles —

(a)	that are of the same general character;
(b)	that are intended for use together; and
(c)	to which the same design, or substantially the same design, is applied,

shall be deemed to constitute a single article.

(3) For the purposes of this regulation, a design shall be deemed to be applied to an article if —

(a)	the design is applied to the article by a process (whether a process of printing, embossing or otherwise); or
(b)	the design is reproduced on or in the article in the course of the production of the article.

Notification of use of copyright material for service of Government

13.—(1) For the purposes of section 198(4) of the Act, the owner of a copyright shall be informed of the doing of any act comprised in the copyright by means of a notice given in accordance with this regulation.

(2) If the person giving the notice on behalf of the Government knows the name, and an address for service in Singapore, of the owner of the copyright or, where a copyright owner has authorised an agent to deal on behalf of that copyright owner with the copyright in the work, or other subject-matter, that is the subject of the notice, of that owner or agent, that notice shall be given by service of the notice on that owner, or that owner or agent, as the case requires.

(3) If the person giving the notice on behalf of the Government —

(a)	knows the name of the owner of the copyright or, where a copyright owner has authorised an agent to deal on behalf of the copyright owner with the copyright in the work, or other subject-matter, that is the subject of the notice, of that owner or agent; and
(b)	knows an address outside Singapore of a place of residence or business, but no address for service in Singapore, of that owner, or that owner or agent, as the case requires,

the notice shall be given by service of the notice by post on that owner, or on that owner or agent, as the case requires, at that address outside Singapore.

(4) If the person giving the notice on behalf of the Government does not know the name or address, or knows the name, but not the address of a place of residence or business, of the owner of the copyright or, where a copyright owner has authorised an agent to deal on behalf of the copyright owner with the copyright in the work or other subject-matter, that is the subject of the notice, of that owner or agent, the notice shall be given by publishing it in the Gazette.

(5) A notice under this regulation shall —

(a)

be given in the name of the Government;

(b)

state —

(i)

the International Standard Book Number (if any) in respect of the work or other subject-matter concerned where that International Standard Book Number can be ascertained from that work or other subject-matter; and

(ii)

where no such International Standard Book Number can be so ascertained, or where that International Standard Book Number is insufficient to enable the work or other subject-matter concerned to be identified, as the case may be — the title, if any of that work or other subject-matter and, if that title is not sufficient to enable the work or other subject-matter to be identified, a description of the work or other subject-matter that is sufficient to enable it to be so identified;

(c)

specify the act to which the notice relates;

(d)

state whether the act has been done by the Government or by a person authorised by the Government;

(e)

where the act has been done by a person authorised by the Government — state the name of that person; and

(f)

state that the purpose of the notice is to inform the owner in pursuance of section 198(4) of the Act of the doing of the act.

Notation of copies and handicapped readers’ copies

14. For the purposes of section 201(3) of the Act, the message that shall be embodied on a record embodying a sound recording of a work, or of a part of a work, made in reliance on section 54 of the Act, immediately before the commencement of the recording shall be as follows:

“This record, embodying a sound recording of (name of work) was made in reliance on section 54(1) of the Copyright Act (Chapter 63) on (date on which record was made) by (name of person who made the record) on behalf of (name of institution assisting handicapped readers on behalf of which the record was made). Copyright may subsist in that work and, if it does, the making of a record embodying this sound recording, otherwise than with the permission of the owner of the copyright in the work or in reliance on a provision of that Act, constitutes an infringement of copyright in the work.”.

Service of documents in Singapore

15. A document that is required or permitted by these Regulations to be served on a person in Singapore may be served on the person —

(a)

if the person is a corporation — by delivering the document personally to the manager or secretary of the corporation, or, if the corporation has a registered office in Singapore, by leaving it at that office or by sending it by post addressed to the corporation at that office or, if the corporation does not have such a registered office, by sending it by post addressed to the corporation at its principal place of business in Singapore; or

(b)

if the person is not a corporation — by delivering the document to the person personally or by sending it by post addressed to the person at the address of the place of residence or business in Singapore of the person last known to the person sending the document.

Matters to be set out in statutory declaration

16. [Deleted by S 221/2005]

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