PART 2
EXTENSION OF ACT TO
RECIPROCATING COUNTRIES
Definitions of this Part
5.  In this Part —
“Berne Convention” means the Berne Convention for the Protection of Literary and Artistic Works signed at Berne on 9 September 1886, as revised or amended from time to time;
“country” includes a territory;
“equivalent protection”, in relation to a work, has the meaning given by regulation 7;
“member of the World Trade Organisation” means a country that is a signatory to the WTO Agreement;
“non‑reciprocating country” means a country that is not a reciprocating country;
“reciprocating country” has the meaning given by regulation 6;
“simultaneously” means —
(a)in relation to publications that took place before 10 April 1987 — within a period of 14 days; and
(b)in relation to other publications — within a period of 30 days;
“WTO Agreement” means the World Trade Organisation Agreement signed in Marrakesh in 1994, as revised or amended from time to time.
What is a reciprocating country and related concepts
6.—(1)  Unless expressly provided otherwise in this Part, a country is a reciprocating country for the purposes of this Part and section 3(1)(a) if it is —
(a)a party to the Berne Convention; or
(b)a member of the World Trade Organisation.
(2)  For the purposes of this Part, an act is done in a reciprocating country if it is done in the territory of the reciprocating country.
(3)  For the purposes of this Part —
(a)the territory of the United States of America includes the Commonwealth of Puerto Rico, Guam and the Virgin Islands; and
(b)the territory of the United Kingdom of Great Britain and Northern Ireland includes the Channel Islands, Anguilla, the Pitcairn Islands, British Indian Ocean Territory, British Virgin Islands, Cayman Islands, Falkland Islands, Falkland Islands Dependencies, Gibraltar, Isle of Man, Montserrat, St. Helena, St. Helena Dependencies (Ascension, Tristan da Cunha), Bermuda and the Turks and Caicos Islands.
What is equivalent protection of a copyright work
7.  For the purposes of this Part, the law of a country (other than Singapore) confers equivalent protection on a copyright work if —
(a)the law confers on a person the exclusive right to do, in that country, one or more acts in relation to the work; and
(b)those acts are comprised in the copyright in the work under the Act.
Extension of Act to reciprocating countries
8.—(1)  The provisions of the Act mentioned in regulations 9 to 16 are extended in relation to reciprocating countries in the manner provided for by those regulations.
(2)  Subject to regulations 17 to 27, the application of the other provisions of the Act is extended accordingly.
Extension of section 109 (unpublished authorial works)
9.  A reference to a qualified individual in section 109 includes a reference to —
(a)a citizen or national of a reciprocating country; and
(b)a person resident in a reciprocating country.
Extension of section 110 (published authorial works)
10.—(1)  A reference to a qualified individual in section 110 includes a reference to —
(a)a citizen or national of a reciprocating country; and
(b)a person resident in a reciprocating country.
(2)  A reference to Singapore in section 110 includes a reference to a reciprocating country.
Extension of section 111 (buildings)
11.  A reference to Singapore in section 111 includes a reference to a reciprocating country.
Extension of section 117 (published editions of authorial works)
12.—(1)  A reference to a qualified person in section 117 includes a reference to —
(a)a citizen or national of a reciprocating country;
(b)a person resident in a reciprocating country; and
(c)a person (being a body corporate) incorporated under the law of a reciprocating country.
(2)  A reference to Singapore in section 117 includes a reference to a reciprocating country.
Extension of section 120 (sound recordings)
13.—(1)  A reference to a qualified person in section 120 includes a reference to —
(a)a citizen or national of a reciprocating country;
(b)a person resident in a reciprocating country; and
(c)a person (being a body corporate) incorporated under the law of a reciprocating country.
(2)  A reference to Singapore in section 120 includes a reference to a reciprocating country.
(3)  For the purposes of this regulation, a country is a reciprocating country only if it is a member of the World Trade Organisation.
Extension of section 123 (films)
14.—(1)  A reference to a qualified person in section 123 includes a reference to —
(a)a citizen or national of a reciprocating country;
(b)a person resident in a reciprocating country; and
(c)a person (being a body corporate) incorporated under the law of a reciprocating country.
(2)  A reference to Singapore in section 123 includes a reference to a reciprocating country.
Extension of section 126 (broadcasts)
15.  A reference in section 126 to a broadcast made from a place in Singapore by the holder of a broadcasting licence includes a reference to a broadcast made from a place in a reciprocating country by a broadcasting organisation that —
(a)has its headquarters in that country; and
(b)is entitled under the law of that country to make the broadcast.
Extension of section 173 (qualifying performances)
16.—(1)  A reference to a qualified individual in section 173 includes a reference to —
(a)a citizen or national of a reciprocating country; and
(b)a person resident in a reciprocating country.
(2)  A reference to Singapore in section 173 includes a reference to a reciprocating country.
(3)  For the purposes of this regulation, a country is a reciprocating country only if it is a member of the World Trade Organisation.
Duration of copyright in unpublished authorial works under this Part
17.—(1)  This regulation applies where copyright subsists in an unpublished authorial work only because of the operation of this Part.
(2)  Despite any provision of the Act, copyright in the unpublished authorial work expires upon the expiry of the equivalent protection of the work under the law of the country of origin of the work.
(3)  Paragraph (2) does not apply to any copyright subsisting immediately before 21 November 2021 in an unpublished authorial work.
(4)  For the purposes of paragraph (2), the country of origin of an unpublished authorial work is —
(a)in the case of a work made over a period of time — whichever of the following countries that provides the longest term of equivalent protection for the work:
(i)the country of which the author was a citizen or national for a substantial part of that period;
(ii)the country in which the author was resident for a substantial part of that period; and
(b)in any other case — whichever of the following countries that provides the longest term of equivalent protection for the work:
(i)the country of which the author was a citizen or national when the work was made;
(ii)the country in which the author was resident when the work was made.
Duration of copyright in published authorial works under this Part
18.—(1)  This regulation applies where copyright subsists in a published authorial work only because of the operation of this Part.
(2)  Despite any provision of the Act, copyright in the published authorial work expires upon the expiry of the equivalent protection of the work under the law of the country of origin of the work.
(3)  For the purposes of paragraph (2), the country of origin of a published authorial work is —
(a)if the work was first published in only one country (being a reciprocating country) — that country;
(b)if the work was first published simultaneously in 2 countries, of which only one is a reciprocating country — the reciprocating country;
(c)if the work was first published simultaneously in 2 or more reciprocating countries — the reciprocating country whose law provides the shortest term of equivalent protection for the work; and
(d)if the work was first published only in a non‑reciprocating country — whichever of the following countries that provides the longest term of equivalent protection for the work:
(i)the country of which the author was a citizen or national when the work was first published;
(ii)the country in which the author was resident when the work was first published.
Duration of copyright in published editions of authorial works under this Part
19.—(1)  This regulation applies where copyright subsists in a published edition of an authorial work only because of the operation of this Part.
(2)  Despite any provision of the Act, copyright in the published edition expires upon the expiry of the equivalent protection of the edition under the law of the country of origin of the published edition.
(3)  For the purposes of paragraph (2), the country of origin of a published edition of an authorial work is whichever of the following countries that provides the longest term of equivalent protection for the edition:
(a)the country (being a reciprocating country) in which the edition was first published;
(b)the country (being a reciprocating country) of which the publisher was a citizen or national when the edition was first published;
(c)the country (being a reciprocating country) in which the publisher was resident when the edition was first published;
(d)the country (being a reciprocating country) under the law of which the publisher (being a body corporate) was incorporated when the edition was first published.
Duration of copyright in sound recordings under this Part
20.—(1)  This regulation applies where copyright subsists in a sound recording only because of the operation of this Part.
(2)  Despite any provision of the Act, copyright in the sound recording expires upon the expiry of the equivalent protection of the recording under the law of the country of origin of the recording.
(3)  Paragraph (2) does not apply to any copyright subsisting immediately before 21 November 2021 in an unpublished sound recording.
(4)  For the purposes of paragraph (2), the country of origin of an unpublished sound recording is whichever of the following countries that provides the longest term of equivalent protection for the recording:
(a)the country of which the maker was a citizen or national when the recording was made;
(b)the country in which the maker was resident when the recording was made;
(c)the country under the law of which the maker (being a body corporate) was incorporated when the recording was made;
(d)the country in which the recording was made.
(5)  For the purposes of paragraph (2), the country of origin of a published sound recording is —
(a)if the recording was first published in only one country (being a reciprocating country) — that country;
(b)if the recording was first published simultaneously in 2 countries, of which only one is a reciprocating country — the reciprocating country;
(c)if the recording was first published simultaneously in 2 or more reciprocating countries — the reciprocating country whose law provides the shortest term of equivalent protection for the recording; and
(d)if the recording was first published only in a non‑reciprocating country — whichever of the following countries that provides the longest term of equivalent protection for the recording:
(i)the country of which the maker was a citizen or national when the recording was first published;
(ii)the country in which the maker was resident when the recording was first published;
(iii)the country under the law of which the maker (being a body corporate) was incorporated when the recording was first published;
(iv)the country in which the recording was made.
Duration of copyright in films under this Part
21.—(1)  This regulation applies where copyright subsists in a film only because of the operation of this Part.
(2)  Despite any provision of the Act, copyright in the film expires upon the expiry of the equivalent protection of the film under the law of the country of origin of the film.
(3)  Paragraph (2) does not apply to any copyright subsisting immediately before 21 November 2021 in an unpublished film.
(4)  For the purposes of paragraph (2), the country of origin of an unpublished film is whichever of the following countries that provides the longest term of equivalent protection for the film:
(a)the country of which the maker was a citizen or national for a substantial part of the period during which the film was made;
(b)the country in which the maker was resident for a substantial part of the period during which the film was made;
(c)the country under the law of which the maker (being a body corporate) was incorporated for a substantial part of the period during which the film was made;
(d)the country in which the film was made.
(5)  For the purposes of paragraph (2), the country of origin of a published film is —
(a)if the film was first published in only one country (being a reciprocating country) — that country;
(b)if the film was first published simultaneously in 2 countries, of which only one is a reciprocating country — the reciprocating country;
(c)if the film was first published simultaneously in 2 or more reciprocating countries — the reciprocating country whose law provides the shortest term of equivalent protection for the film; and
(d)if the film was first published only in a non‑reciprocating country — whichever of the following countries that provides the longest term of equivalent protection for the film:
(i)the country of which the maker was a citizen or national when the film was first published;
(ii)the country in which the maker was resident when the film was first published;
(iii)the country under the law of which the maker (being a body corporate) was incorporated when the film was first published;
(iv)the country in which the film was made.
Rights in relation to expenditure incurred, etc., before country becomes reciprocating country
22.—(1)  This regulation applies where —
(a)a country becomes a reciprocating country on a certain date (called in this regulation the effective date);
(b)before the effective date, a person incurred expenditure or liability in relation to an act proposed to be done on or after the effective date;
(c)that act —
(i)would be lawful if it had been done at the time the expenditure or liability was incurred; but
(ii)would, because of the operation of this Part, be unlawful if it is done on or after the effective date; and
(d)the person has a right or an interest that —
(i)arises from or in connection with the expenditure or liability incurred; and
(ii)is subsisting and valuable immediately before the effective date.
(2)  Unless the rights owner of the work or performance agrees to pay the person compensation that is reasonable in the circumstances, the provisions of this Part do not affect the person’s right or interest.
(3)  To avoid doubt, the effective date may fall before, on or after 21 November 2021.
Application of Division 2 of Part 12 of Act
23.—(1)  This regulation applies where an authorial work was made before 1 July 1912 and one of the following sub‑paragraphs applies:
(a)the work was first published or first performed in a reciprocating country;
(b)the work is unpublished and —
(i)the author of the work was a citizen, national or resident of a reciprocating country when the work was made; or
(ii)the author of the work was a citizen, national or resident of a reciprocating country for a substantial part of the period during which the work was made;
(c)the work is published and the author of the work was a citizen, national or resident of a reciprocating country when the work was first published.
(2)  In applying Division 2 of Part 12 of the Act to the work —
(a)the 1911 Act is taken to apply to an authorial work to which paragraph (1)(a) applies in the same way as that Act applies to an authorial work first published or first performed in Singapore; and
(b)the 1911 Act is taken to apply to an authorial work to which paragraph (1)(b) or (c) applies in the same way as that Act applies to an authorial work of which the author is a citizen or resident of Singapore.
Application of section 515
24.—(1)  This regulation applies to an authorial work first published —
(a)in a reciprocating country; and
(b)before 10 April 1987.
(2)  In applying section 515(2) to the work, the 1911 Act is taken to apply to an authorial work first published in a reciprocating country in the same way as that Act applies to an authorial work first published in Singapore.
Saving of rights arising from extension of 1911 Act to United States of America
25.—(1)  This section applies where —
(a)a work was first published in the United States of America before 10 April 1987; and
(b)immediately before that date, copyright subsisted in the work by virtue of the extension of the 1911 Act by any of the following written laws:
(i)the Order in Council dated 3 February 1915 regulating copyright relations with the United States of America;
(ii)the Order in Council dated 9 February 1920 regulating copyright relations with the United States of America;
(iii)the Copyright (United States of America) Order 1942.
(2)  Copyright subsisting in the work is not affected by the revocation of those written laws.
Saving of rights in relation to expenditure, etc., incurred before 10 April 1987 in relation to certain copyright works
26.—(1)  This section applies where —
(a)at any time before 10 April 1987, a person incurred any expenditure or liability in relation to an act proposed to be done on or after that date in relation to a work;
(b)that act —
(i)would have been lawful if it had been done at the time the expenditure or liability was incurred; but
(ii)would, because of the making of the Copyright (International Protection) Regulations 1987 (G.N. No. S 120/87), be unlawful if it is done on or after 10 April 1987; and
(c)the person has a right or an interest that —
(i)arises from or in connection with the expenditure or liability incurred; and
(ii)is subsisting and valuable immediately before 10 April 1987.
(2)  Unless the copyright owner of the work agrees to pay or has paid the person compensation that is reasonable in the circumstances, the provisions of this Part do not affect the person’s right or interest.
Saving of rights in relation to expenditure, etc., incurred before 16 April 1998 in relation to certain protected performances
27.—(1)  This section applies where —
(a)at any time before 16 April 1998, a person incurred any expenditure or liability in relation to an act proposed to be done on or after that date in relation to a performance;
(b)that act —
(i)would have been lawful if it was done at the time the expenditure or liability was incurred; but
(ii)would, because of the making of the Copyright (International Protection) (Amendment) Regulations 1998 (G.N. No. S 225/98), be unlawful if it was done on or after 16 April 1998; and
(c)the person has a right or an interest that —
(i)arises from or in connection with the expenditure or liability incurred; and
(ii)is subsisting and valuable immediately before 16 April 1998.
(2)  Unless the rights owner of the performance agrees to pay or has paid the person compensation that is reasonable in the circumstances, the provisions of this Part do not affect the person’s right or interest.