Division 1 — Protection of technological measures
Definition of this Division
90.  In this Division, “access control measure” has the meaning given by section 423.
Purpose
91.  This Division prescribes, under section 435, circumstances in which a person may circumvent an access control measure.
Expiry
92.  This Division expires on 31 December 2024.
Exception — circumventing obsolete dongle that is damaged or defective
93.—(1)  A person may circumvent an access control measure that has been applied to a computer program if access to the program is controlled by means of an obsolete dongle that is damaged or defective.
(2)  For the purposes of paragraph (1), a dongle is obsolete if —
(a)it is no longer being manufactured;
(b)it is no longer commercially available; or
(c)there are no commercially available means to repair it.
Exception — accessing computer program in obsolete format
94.—(1)  A person may circumvent an access control measure that has been applied to a computer program if —
(a)the computer program is in an obsolete format and can only be accessed using the original medium or hardware in or with which it was designed to be used or operated;
(b)the computer program can only be accessed by using an authentication process supplied by the access control measure;
(c)the access control measure is obsolete; and
(d)the circumvention is for the purpose of accessing the computer program for ordinary use.
(2)  For the purposes of paragraph (1) —
(a)“computer program” includes a video game;
(b)a computer program is in an obsolete format if its contents can only be rendered perceptible by means of a machine or system that —
(i)is no longer being manufactured; or
(ii)is no longer commercially available; and
(c)an access control measure is obsolete if —
(i)a statement indicating that support for the access control measure has ended is issued by the copyright owner of the computer program or the copyright owner’s authorised representative; or
(ii)support for the access control measure is no longer available, or has been discontinued for at least 6 months and has not since been restored.
Exception — circumventing access control measure that prevents text from being converted into accessible format, etc.
95.  A person may circumvent an access control measure that has been applied to a literary or dramatic work if —
(a)the work is in an electronic format; and
(b)the access control measure has been applied to all reasonably available electronic copies of the work (including any digital text edition made available by an institution aiding persons with print disabilities) so as to —
(i)prevent the operation of any function that reads aloud the text of the work; or
(ii)prevent any specialised assistive device or computer software from converting the text of the work into an accessible format.
Exception — film or media studies conducted by certain educational institutions
96.—(1)  A person may circumvent an access control measure that has been applied to a film if —
(a)the film is part of the collection of the library of an exempt educational institution that conducts courses in film or media studies;
(b)the person is —
(i)a film or media studies lecturer of that institution; or
(ii)an employee or a staff member of that institution who is acting on the instructions of such a lecturer; and
(c)the circumvention is for the purpose of making compilations of portions of the film for educational use in a classroom.
(2)  In this regulation, “exempt educational institution” means —
(a)a school or similar institution at which one or more of the following are provided:
(i)full‑time primary education;
(ii)full‑time secondary education;
(iii)full‑time pre‑university education;
(b)a university;
(c)a polytechnic;
(d)the Institute of Technical Education, Singapore established under section 3 of the Institute of Technical Education Act (Cap. 141A); or
(e)any other tertiary educational institution.
Exception — film or media studies conducted by massive open online course provider
97.  A person may circumvent an access control measure that has been applied to a film if all the following conditions are met:
(a)the film is part of the collection of a non‑profit organisation that produces massive open online courses to be conducted through online platforms (whether or not it also conducts the courses);
(b)the person is an employee or a staff member of the organisation;
(c)the circumvention is for the purpose of making compilations of portions of the film for educational use in a massive open online course on film or media studies produced by the organisation;
(d)if the organisation both produces and conducts courses — the organisation has in place all the following measures:
(i)limiting transmissions of each film used in the course to the extent technologically feasible to students;
(ii)instituting copyright compliance policies;
(iii)providing information to faculty, students, employees and staff members that describes the laws of Singapore relating to copyright;
(iv)applying technological measures to prevent students from retaining each film used in the course for a longer period than the duration of the course, or disseminating the film to others at any time without authorisation from the organisation;
(e)if the organisation produces but does not conduct courses — the organisation has in place measures to verify that the person who conducts the course has in place the measures in paragraph (d).
Exception — criticism, review or reporting news in the course of making documentary
98.  A person may circumvent an access control measure that has been applied to a film if the circumvention is carried out —
(a)in good faith; and
(b)for the purpose of using a short portion of the film for criticism or review, or for reporting the news, in the making of a documentary.
Exception — cybersecurity research by cybersecurity professional
99.—(1)  A person may circumvent an access control measure that has been applied to a work in digital form, a sound recording or a film if the circumvention —
(a)does not contravene any other written law; and
(b)is carried out —
(i)in good faith by a cybersecurity professional or a person acting on the instruction of a cybersecurity professional; and
(ii)for the purpose of research on cybersecurity.
(2)  In this regulation, “cybersecurity professional” means a person who —
(a)is engaged in a legitimate course of study in the field of cybersecurity; or
(b)is employed, trained or experienced in that field.
Exception — repairing or replacing essential or emergency system
100.  A person may circumvent an access control measure that has been applied to a computer program if —
(a)the computer program is used in an essential or emergency system; and
(b)the circumvention is solely for the purpose of enabling the replacement or repair of the computer program.
Revocation
101.  The following subsidiary legislation is revoked:
(a)the Copyright (International Organisations) Regulations (Rg 1);
(b)the Copyright (International Protection) Regulations (Rg 2);
(c)the Copyright (Records Royalty System) Regulations;
(d)the Copyright Regulations;
(e)the Copyright (Border Enforcement Measures) Regulations (Rg 5);
(f)the Copyright (Network Service Provider) Regulations (Rg 7);
(g)the Copyright (Flagrantly Infringing Online Location) Regulations 2014 (G.N. No. S 802/2014);
(h)the Copyright (Excluded Works) Order 2020 (G.N. No. S 1080/2020).
Records and declarations made before 21 November 2021 under revoked Copyright Regulations
102.  Regulations 9, 10 and 11 of the revoked Copyright Regulations continue to apply in relation to any declaration or record made before 21 November 2021 as if the Copyright Regulations were not revoked.
Notices given and goods seized, etc., before 21 November 2021 under border enforcement measures in 1987 Act
103.—(1)  Where —
(a)a notice is validly given under section 140B(1) of the 1987 Act and in force immediately before 21 November 2021; but
(b)no goods have been seized pursuant to the notice before that date,
the notice is deemed to be a request to seize under section 332.
(2)  The provisions of Division 6 of Part V of the 1987 Act and the Copyright (Border Enforcement Measures) Regulations in force immediately before 21 November 2021 apply in relation to any goods seized under those provisions before that date as if that Act was not repealed and those Regulations were not revoked.