WORLD TRADE ORGANIZATION  
ORGANISATION MONDIALE DU COMMERCE  
ORGANIZACIÓN MUNDIAL DEL COMERCIO  IP/N/1/SGP/C/12 
29 March 2010 
 (10-1694) 
Council for Trade-Related Aspects 
of Intellectual Property Rights Original:   English/ 
 anglais/  inglés 
 
  
MAIN DEDICATED INT ELLECTUAL PROPERTY 
LAWS AND REGULATIONS NOTIFIED UNDER 
ARTICLE 63.2 OF THE AGREEMENT 
 
SINGAPORE 
  
 The present document reproduces the text
1 of the Copyright (Amendment) Act 2009, as notified by 
Singapore on 1 March 2010 under Article 63.2 of the Agreement (see document IP/N/1/SGP/5). __________________________________________________________________________________________ 
Conseil des aspects des droits de propriété 
intellectuelle qui touchent au commerce  
 
 
PRINCIPALES LOIS ET RÉGLEMEN TATIONS CONSACRÉES À LA 
PROPRIÉTÉ INTELLECTUELLE NO TIFIÉES AU TITRE 
DE L'ARTICLE 63:2 DE L'ACCORD 
 
SINGAPOUR 
  
 Le présent document contient le texte
1 de la Loi de 2009 portant modification de la Loi sur le droit 
d'auteur, notifiée par Singapour le 1er mars 2010 au titre de l'article 63:2 de l'Accord (voir le document 
IP/N/1/SGP/5). 
__________________________________________________________________________________________ 
Consejo de los Aspectos de los Derechos de Propiedad 
Intelectual relaciona dos con el Comercio  
 
 
PRINCIPALES LEYES Y REGLAMENTOS DEDICADOS A LA PROPIEDAD 
INTELECTUAL NOTIFICADOS EN  VIRTUD DEL PÁRRAFO 2 
DEL ARTÍCULO 63  DEL ACUERDO 
 
SINGAPUR 
  
 En el presente documento se reproduce el texto
1 de la Ley de Derecho de Autor (modificación) 
de 2009, notificada por Singapur el 1º de marzo de 2010 de conformidad con el párrafo 2 del artículo 63 del Acuerdo (véase el docu mento IP/N/1/SGP/5). 
 
                                                      
1 In English only./En anglais seulement./En inglés solamente. IP/N/1/SGP/C/12 
Page 2  
 
   
 
 
 
COPYRIGHT ACT 
 
(CHAPTER 63) 
 
 
 
History 
 Act 2 of 1987  
-> 1988 
REVISED 
EDITION  
->1999 
REVISED 
EDITION  
->2006 REVISED 
EDITION 
 
   
An Act relating to copyright and matters related thereto.  
[10th April 1987]   
 
Arrangement of Provisions 
 
PART I  
PRELIMINARY  
1 Short title 2 Application 
3 Application to Government 
4 Copyright not to subsist except by virtue of this Act 5 Savings of rights of Government, etc. 
6 Operation of other laws 
PART II  
INTERPRETATION
 
7 Interpretation 7A Literary works include compilation and computer program 8 Residence 
9 Acts comprised in copyright 
10 Acts done in relation to substan tial part of work or other subj ect-matter deemed to be done in 
relation to the whole 11 References to acts done with licence of owner of copyright 12 References to partial assignment of copyright 13 Libraries established or conducted for profit 
14 Names under which work is published 
15 Reproduction of works 16 Provisions relating to the making of a work or other subject-matter 
17 Storage in computer or on any other medium 18 Sound recordings and records 
19 References to sounds and visual  images embodied in an article 
20 Provisions relating to broadcasting 21 Cable programmes 22 Performance  IP/N/1/SGP/C/12 
 Page 3 
 
 
  23 Performance of works or other subject-matter by st udents or staff of educational institution, etc. 
24 Publication 25 Ownership of copyright for particular purposes 
25A Commercial rental arrangement 
PART III  
COPYRIGHT IN ORIGINAL LITERARY, DRAMATIC, MUSICAL AND ARTISTIC WORKS
 
 
DIVISION 1 — NATURE, DURATION AND OWNERSHIP OF COPYRIGHT IN WORKS  
26 Nature of copyright in original works 
27 Original works in which copyright subsists 28 Duration of copyright in original works 29 Duration of copyright in anonymous and pseudonymous work 30 Ownership of copyright in original works 
 
DIVISION 2 — INFRINGEMENT OF COPYRIGHT IN WORKS  
31 Infringement by doing act s comprised in copyright 
32 Infringement by importation for sale or hire 33 Infringement by sale and other dealings 34 Infringing copies made on machines installed in libraries and archives  DIVISION 3 — ACTS NOT CONSTITUTING  INFRINGEMENTS OF COPYRIGHT WORKS  
35 Fair dealing in relation to works 
36 Fair dealing for purpose of criticism or review 37 Fair dealing for purpose of reporting current events 
38 Reproduction for purposes of judicial proceedings or professional advice 
38A Temporary reproduction made  in course of communication 
39 Back-up copy of computer program, etc. 39A Decompilation 39B Observing, studying and testing of computer programs 39C Other acts permitted to lawful users 
40 Inclusion of works in collections  for use by educational institutions 
40A Accessories to imported articles 
 
DIVISION 4 — ACTS NOT CONSTITUTING INFRINGEMENTS OF COPYRIGHT IN LITERARY, 
DRAMATIC AND MUSICAL WORKS  
41 Reading or recitation in public or for a communication 
42 Religious performances 43 Reproduction for purpose of broadcasting 43A Reproduction for purpose of simulcasting 
 
DIVISION 5 — COPYING OF WORKS IN LIBRARIES  
44 Interpretation of this Division 
45 Copying by libraries and archives for users 46 Copying by libraries or archiv es for other libraries or archives 
47 Copying or communication of unpublished works in libraries or archives 48 Copying of works for preservation and other purposes 
49 Publication of unpublished works kept in libraries 
50 Application of Division to illustratio ns accompanying articles and other works 
 
DIVISION 6 — COPYING OF WORKS FOR EDUCATIONAL PURPOSES  
50A Copying by non-reprographic means for purpose of a course of education 
51 Multiple copying or communication of insubstantial portions of works IP/N/1/SGP/C/12 
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  52 Multiple copying or communication under st atutory licence by educational institutions 
52A Things done for purposes of examination 53 Application of Division to illustratio ns accompanying articles and other works 
 
DIVISION 7 — COPYING OF WORKS IN IN STITUTIONS ASSISTING HANDICAPPED READERS 
AND INSTITUTIONS ASSISTING INTELLECTUALLY HANDICAPPED READERS  
54 Multiple copying under statutory licence by institutions assisting handicapped readers 
54A Multiple copying under statutory licence by institutions assisting intellectually handicapped 
readers 
 
DIVISION 8 — RECORDING OF MUSICAL WORKS  
55 Interpretation of this Division 
56 Conditions upon which manufacturer ma y make records of musical work 
57 Amount of royalty 58 Provisions relating to royalty where 2 or more works are on the one record 
59 Revision of royalty and minimum royalty 
60 Conditions upon which manufacturer may include part of  a literary or dramatic work in a record of 
a musical work 61 Making inquiries in relation to previous records 62 Application of Division in relation to record of part of a work 
 
DIVISION 9 — ACTS NOT CONSTITUTING INFRINGEMENTS OF COPYRIGHT IN ARTISTIC 
WORKS  
63 Sculptures and certain other works in public places 
64 Buildings and models of buildings 65 Incidental filming or televising of artistic works 
66 Publication of artistic works 
67 Artistic works included in a cable programme 68 Reproduction for purpose of including work in  television broadcast or cable programme 
69 Reproduction of work in different dimensions 70 Special exception for artistic works which have been industrially applied 71 Reproduction of part of work in later work 
72 Reconstruction of buildings 
 
DIVISION 10 — DESIGNS  
73 Interpretation of this Division 
74 Special exception in respect of industrial design  DIVISION 11 — WORKS OF JOINT AUTHORSHIP  
75 References to all of joint authors 
76 References to any one or more of joint authors 77 References to whichever of joint authors died last 78 Works of joint authorship published under pseudonyms 
79 Copyright to subsist in joint works without re gard to any author who is an unqualified person 
80 Inclusion of joint works in collecti ons for use in educational institutions  IP/N/1/SGP/C/12 
 Page 5 
 
 
  PART IV  
COPYRIGHT IN SUBJECT-MATTER OTHER THAN WORKS  
 
DIVISION 1 — PRELIMINARY  
81 Interpretation of this Part 
 DIVISION 2 — NATURE OF COPYRIGHT IN  SUBJECT-MATTER OTHER THAN WORKS  
82 Nature of copyright in sound recordings 
83 Nature of copyright in cinematograph films 84 Nature of copyright in television broadcasts and sound broadcasts 
85 Nature of copyright in cable programmes 
86 Nature of copyright in published editions of works 
 
DIVISION 3 — SUBJECT-MATTER, OTHER THAN  WORKS, IN WHICH COPYRIGHT SUBSISTS  
87 Sound recordings in which copyright subsists 88 Cinematograph films in which copyright subsists 
89 Television broadcasts and sound broa dcasts in which copyright subsists 
90 Cable programmes in which copyright subsists 91 Published editions of works in which copyright subsists 
 
DIVISION 4 — DURATION OF COPYRIGHT IN SUBJECT-MATTER OTHER THAN WORKS  
92 Duration of copyright in sound recordings 
93 Duration of copyright in cinematograph films 94 Duration of copyright in televi sion broadcasts and sound broadcasts 
95 Duration of copyright in cable programmes 96 Duration of copyright in published editions of works  DIVISION 5 — OWNERSHIP OF COPYRIGHT IN SUBJECT-MATTER OTHER THAN WORKS  
97 Ownership of copyright in sound recordings 
98 Ownership of copyright in cinematograph films 99 Ownership of copyright in televi sion broadcasts and sound broadcasts 
100 Ownership of copyright in cable programmes 
101 Ownership of copyright in published editions of works 
 
DIVISION 6 — INFRINGEMENT OF COPYRIGHT  IN SUBJECT-MATTER OTHER THAN WORKS  
102 Interpretation of this Division 
103 Infringement by doing acts comprised in copyright 
104 Infringement by importation for sale or hire 
105 Infringement by sale and other dealings 105A Infringing copies made on machines installed in libraries and archives 106 Acts done for purposes of judicial proceeding 107 Making of a copy of sound recording for purposes of broadcasting 107A Making of copy of sound recording or cinematograph film for purpose of simulcasting 
107B Non-subscription digital audio transmissions 
107C Digital audio transmissions within business establishment 107D Other non-infringing non-interactive transmissions 107E Temporary copy made in course of communication 108 Provisions relating to cinematograph films 
109 Fair dealing in relation to other subject-matter 
110 Fair dealing for purpose of criticism or review 111 Fair dealing for purpose of reporting news 112 Copying of unpublished sound recordings and cinematograph films in libraries or archives 
113 Copying of sound recordings and cinemat ograph films for preservation and other purposes IP/N/1/SGP/C/12 
Page 6  
 
  114 Filming or recording broadcasts or programmes for private and domestic use 
115 Use of broadcasts for educational purposes 115A Copying for course of instruction in making of film or sound-track 115B Things done for purposes of examination 116 Reproductions of editions of work 
116A Accessories to imported articles 
 
DIVISION 7 — MISCELLANEOUS  
117 Copyrights to subsist independently 
PART V  
REMEDIES FOR INFRINGEMENTS OF COPYRIGHT
 
 
DIVISION 1 — PRELIMINARY  
118 Interpretation of this Part 
 DIVISION 2 — ACTIONS BY OWNER OF COPYRIGHT  
119 Actions for infringement 
120 Order for delivery up of infringing copies, etc. 120A Order for disposal of infringing copies, etc.  DIVISION 3 — PROCEEDINGS WHERE COPYRIGHT IS SUBJECT TO EXCLUSIVE LICENCE  
121 Interpretation of this Division 
122 Application 123 Rights of exclusive licensee 
124 Joinder of owner or exclusive licensee as party 
125 Defences available against exclusive licensee 126 Assessment of damages where exclusive licence granted 127 Apportionment of profits between owner and exclusive licensee 128 Separate actions in rela tion to the same infringement 
129 Liability for costs  DIVISION 4 — PROOF OF FACTS IN COPYRIGHT PROCEEDINGS  
130 Presumptions as to subsistence and ownership of copyright 
131 Presumptions in relation to authorship of work 132 Presumptions in relation to publisher of work 
133 Presumptions where author has died 
134 Evidence in relation to proceedings 135 Presumptions in relation to maker of film 
 
DIVISION 5 — OFFENCES  
136 Offences 137 Affidavit evidence 
138 Powers of police officer 139 Advertisement for supply of infringing copies of computer programs 140 Court for trial of offences 
 
DIVISION 6 — BORDER ENFORCEMENT MEASURES  
140A Interpretation of this Division and Division 7 
140B Restriction of importation of copies of works, etc. 140C Security for liability or expense of seizure 140D Secure storage of seized copies 140E Notice of seizure  IP/N/1/SGP/C/12 
 Page 7 
 
 
  140F Inspection, release, etc., of seized copies 
140G Forfeiture of seized copies by consent 140H Compulsory release of seized copies to importer 140I Provision relating to actions for infringement of copyright 140IA Compensation for failure to take action 
140J Retention of control of seized copies 
140K Disposal of seized copies ordered to be forfeited 140L Insufficient security 140LA Detention of infringing copies 
 
DIVISION 7 — POWERS OF SEARCH  
140M Powers of search in relation to vessels, aircrafts and vehicles 
140N Examination of packages 140O Power to remove packages and goods to  police station or examination station 
140P Search of persons and baggage 
140Q Powers of authorised officers to enter certain premises 
141 Obstruction 
 
DIVISION 8 — MISCELLANEOUS  
142 Limitation of actions in respect of infringement of copyright 
PART VI  
COMPULSORY LICENCES FOR TRANSLATION AND REPRODUCTION OF CERTAIN 
WORKS  
143 Interpretation of this Part 
144 Licence to produce and publish translations 
145 Licence to reproduce and publish works for certain purposes 146 Licence for domestic broadcasting organisation 147 Termination of licences granted under this Part 
148 Discontinuation of this Part 
PART VII  
COPYRIGHT  TRIBUNALS
 
 
DIVISION 1 — PRELIMINARY  
149 Interpretation of this Part 150 Cases to which licence schemes apply 
 
DIVISION 2 — CONSTITUTION OF TRIBUNAL  
151 Establishment of Tribunals 
151A Appointment of president, deputy president and members of Tribunal 
151B Remuneration and allowances 
152 Tenure of office 153 Continuation of hearing on change in constitution of Tribunal 154 Quorum 155 Decision of Tribunal 
156 Sittings of Tribunal 
 
DIVISION 3 — INQUIRIES BY, AND APPLICATIONS AND REFERENCES TO, TRIBUNAL  
156A Application to Tribunal for determination of remuneration payable for making recording or film 
of a work 156B Application to Tribunal for determination of  remuneration payable for making copy of sound 
recording IP/N/1/SGP/C/12 
Page 8  
 
  156C Application to Tribunal for determination of  remuneration payable for making available to 
public sound recording by means of digital audio transmission 157 Inquiries into royalty payable in respect of records of musical works 158 Applications to Tribunal for determination of  remuneration payable to owner of copyright for 
copies made under statutory licence 
159 Applications to Tribunal for apportionment of royalty in respect of a record 
160 Reference of proposed licence schemes to Tribunal 161 Reference of existing licence schemes to Tribunal  162 Further reference of licence schemes to Tribunal 163 Application to Tribunal in relation to licences 
164 Effect of licence schemes being conti nued in operation pending order of Tribunal 
165 Effect of order of Tribunal in relation to licences 166 Attorney-General may make application for suspension order 167 Application to revoke suspension orders 168 Interim orders 
169 Reference of questions of law to High Court 
170 Agreements or awards not affected 
 
DIVISION 4 — PROCEDURE AND EVIDENCE  
171 Proceedings to be in public except in special circumstances 
172 Application may be made to Tribunal by agent of copyright owner 
173 Procedure 
174 Mistakes or errors in orders of Tribunal 175 Regulations as to procedure 176 Power to take evidence on oath 177 Evidence in form of written statement 
178 Representation 
 
DIVISION 5 — MISCELLANEOUS  
179 Protection of members and witnesses 
180 Disobedience to summons, etc. 181 Contempt of Tribunal, etc. 
182 Cost of proceedings 
183 Proof of orders of Tribunal 
PART VIII  
EXTENSION OR RESTRICTION OF THIS ACT
 
184 Application of this Act to countries other than Singapore 185 Provisions as to international organisations 
186 Denial of copyright to citizens of countries not giving adequate protection to Singapore works 
PART IX  
FALSE ATTRIBUTION OF AUTHORSHIP
 
187 Interpretation of this Part 188 Duty not to attribute falsely authorship of work or identity of performer of performance 189 Duty not to falsely represent altered work or recording of performance as unaltered 
190 Duty not to attribute falsely the authorship of reproduction of artistic work 
191 Breach of duty not committed if act done outside Singapore or done with permission 
192 Action for breach of duty 
193 Saving of other rights and remedies  IP/N/1/SGP/C/12 
 Page 9 
 
 
  PART IXA  
WORKS, OR OTHER SUBJECT-MATTER, IN ELECTRONIC FORM0  
193A Interpretation and effect of  application of this Part 
193B Transmission, routing and provision of connections 193C System caching 
193D Storage and information location 
193DA Exemption of network service provider from lia bility for removal of copy, etc., from network 
193DB Relief which court may grant 193DC Evidence of compliance with conditions 193DD Maker of false notice guilty of offence and liable in damages 
193DE Regulations 
193E User caching 
193F Transfer of electronic copy of material 
PART X  
MISCELLANEOUS
 
194 Assignments and licences in respect of copyright 195 Prospective ownership of copyright 196 Copyright to pass under will with unpublished work 197 Provisions as to Government copyright 
198 Use of copyright material for service of Government 
199 Reception of broadcasts or cable programmes 200 Groundless threats of legal proceedings 201 Notation of copies, etc. 201A Immunity of Government, etc. 
201B Offence committed by partnership or body corporate 
202 Regulations 203  
204  
PART XI  
TRANSITIONAL
 
 
DIVISION 1 — PRELIMINARY  
205 Interpretation of this Part 
206 References to making of works, recordings and films 
207 References in other laws or instruments to copyright 
208 Authorship of photographs 209 Publication 
 
DIVISION 2 — ORIGINAL WORKS  
210 Expired copyright not to revive 
211 Original works in which copyright subsists 212 Duration of copyright in photographs 213 Ownership of copyright 214 Recording of musical works 
215 Publication of artistic works 
216 Reconstruction of buildings 217 Industrial designs 218 Reproduction of work upon payment of royalties 
  IP/N/1/SGP/C/12 
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  DIVISION 3 — SUBJECT-MATTER OTHER THAN WORKS  
219 Sound recordings 
220 Cinematograph films 221 Application of this Act to dramatic works a nd photographs comprised in cinematograph films 
222 Television broadcasts and sound broadcasts 
223 Published editions of works 
224 Cable programmes 
 
DIVISION 4 — MISCELLANEOUS  
225 Actions for infringement 226 Actions where copyright subject to exclusive licence 
227 Offences 228 Limitation of actions 229 Restriction of importation of printed copies of works 230 References and applications to Tr ibunal in relation to licence schemes 
231 Duration of Government copyright in photographs 
232 Duration of Government copyright in recordings 233 Government copyright in films 234 Works made or published by international organisations 
235 Subject-matter, other than original works, ma de or published by inte rnational organisations 
236 False attribution of authorship of work 
237 Assignments and licences 
238 Bequests 239 Existing computer programs 
 
DIVISION 5 — WORKS MADE BEFORE 1ST JULY 1912
 
240 Interpretation of this Division  
241 Application  
242 Rights conferred by Copyright Act 1911  
243 Performing rights  
244 Contributions to periodicals  
245 Assignments and licences  
PART XII  
PERFORMERS’ PROTECTION  
246 Interpretation of this Part 
247 Educational purposes 
248 Exempt recordings cease to be exempt  recordings in certain circumstances 
249 Private and domestic use 250 References to inclusion of performance in cable programme service 251 Application 252 What constitutes unauthorised use 
252A Transmission, routing and provision of connections 
252B System caching 252C Storage and information location 252CA Exemption of network service provider from liab ility for removal of copy, etc., from network  
252CB Relief which court may grant 
252CC Evidence of compliance with conditions 
252CD Maker of false notice guilty of offence and liable in damages 252CE Regulations 252CF Effect of application of sections 252A to 252CD 252D User caching 253 Action for unauthorised use  IP/N/1/SGP/C/12 
 Page 11 
 
 
  253A Presumptions in relation to performance 
254 Order for disposal of unauthorised recordings or other object 254A Offences 254B Application of sections 140A to 141 
255 Rights to bring an action may be assigned 
256 Application to foreign countries 
257 Denial of protection to citizens of countri es not giving adequate protection to Singapore 
performances 
PART XIII  
RIGHTS MANAGEMENT INFORMATION
 
258 Interpretation of this Part 259 Application of this Part 260 Removal or alteration of ri ghts management information 
261 Relief which court may grant 261A Enforcement measures 
PART XIIIA  
CIRCUMVENTION OF TECHNOLOGICAL MEASURES
 
261B Interpretation and effect of application of this Part 
261C Circumvention of technological measures 261D Exceptions to prohibition on circumvention 261E Exceptions to prohibition on making, etc., circumventing device and offering circumventing 
service 261F Relief which court may grant 261G Enforcement measures 
PART XIV  
TRANSITIONAL PROVISIONS UNDER INTELLECTUAL PROPERTY (MISCELLANEOUS 
AMENDMENTS) ACT 2004  
262 Interpretation of this Part 263 Works published before appointed day 264 Other subject-matter publis hed before appointed day 
265 Works and other subject matter published by in ternational organisations before appointed day 
266 Works and other subject matter publishe d by Government before appointed day 
267 Performances given before appointed day 
PART XV  
SAVINGS AND TRANSITIONAL PROVISIONS UNDER COPYRIGHT (AMENDMENT) 
ACT 2004  
268 Interpretation of this Part 269 Assignments and licences before appointed day 270 Action for infringement which took place before appointed day 271 Action for unauthorised use before appointed day 
272 Action relating to rights management information 
 
THE SCHEDULE  
FALSE REGISTRATION OF INDUSTRIAL DESIGNS
 
 
LEGISLATION HISTORY   
 
COMPARATIVE TABLE  IP/N/1/SGP/C/12 
Page 12  
 
   
  
COPYRIGHT ACT 
 
(CHAPTER 63) 
 
An Act relating to copyright and matters related thereto.  
 
[10th April 1987]   
 
Notes :—Unless otherwise stated, the abbreviations used in the references to other Acts and statutory 
provisions are references to the following Acts and statutory provisions. The references are provided 
for convenience and are not part of the Act: 
Aust. 1968 : Australian Copyright Act 1968 (Commonwealth, No. 63 of 
1968, taking into account amendmen ts up to Act No. 45 of 2005)
Aust. Am. 1986 : Australian Copyright Amendment Act 1986 (Commonwealth, 
No. 78 of 1986) 
Aust. Am. 1984 : Australian Copyright Amendment Act 1984 (Commonwealth, 
No. 43 of 1984) 
Aust. 1968-1973 : Australian Copyright Act 1968-1973 (Commonwealth, No. 63 of 
1968, taking into account amen dments up to Act No. 216 of 
1973) 
UK CPD 1988 : UK Copyright, Patents and Designs Act 1988 (c. 48) 
 
PART I 
PRELIMINARY 
Short title 
1.—This Act may be cited as the Copyright Act.   
 
[Aust. 1968, s. 1]   
 
Application  
2.—Except insofar as Parts XI and XII otherwise expr essly provide, this Act shall apply in relation to 
things existing on 10th April 1987 in like manner as it applies in relation to things coming into 
existence after that date.    
[38/99] 
 
Application to Government 
3.—Subject to Part X, this Act shall bind the Gove rnment but nothing in this Act shall render the 
Government liable to be prosecuted for an offence.   
 
[Aust. 1968, s. 7]   
  IP/N/1/SGP/C/12 
 Page 13 
 
 
  Copyright not to subsist except by virtue of this Act 
4.—Subject to the provisions of this Act, no copyright shall subsist otherwise than by virtue of this 
Act.    
[Aust. 1968, s. 8]   
 
Savings of rights of Government, etc. 
5.—Nothing in this Act shall affect any right or pr ivilege of the Government or any other person 
under any other written law, except insofar as that law is expressly repealed, amended or modified by 
this Act.   
 
[Aust. 1968, s. 7]   
 
Operation of other laws 
6.—Nothing in this Act shall affect the operatio n of the law relating to breaches of trust or 
confidence.   
 
[Aust. 1968, s. 9 (3)]   
 
 
PART II 
INTERPRETATION 
Interpretation 
7.—(1) In this Act, unless the context otherwise requires —  
  "accessory", in relation to an article, means one or more of the following:    
 
  (a) a label affixed to, or displayed on, the article;     (b) the packaging or container in which the article is packaged or contained;  
   (c) a label affixed to, or displayed on, th e packaging or container in which the article 
  is packaged or contained;  
   (d) a leaflet, pamphlet, certificate, wa rranty, brochure, written instruction or other 
  information incidental to the article and provided with the article on its sale;  
 
  (e) an instructional sound recording or ci nematograph film incidental to the article 
  and provided with the article on its sale,    but does not include —     (i) a copy of a work that is incorporat ed into the surface of the article and is a 
 permanent part of the article;  
   (ii) a copy of a work that cannot be sep arated from the article without rendering the 
article unsuitable for its ordinary use; or  
 
  (iii) a manual sold with computer software  for use in connection with that software;  
 IP/N/1/SGP/C/12 
Page 14  
 
   "adaptation" —   
   (a) in relation to a literary work in a non- dramatic form, means a version of the work 
(whether in its original language or in a different language) in a dramatic form;  
 
  (b) in relation to a literary work in a dramatic form, means a version of the work 
(whether in its original language or in a different language) in a non-dramatic form;  
   (c) in relation to a literary work being a computer program, means a version of the 
work (whether or not in the language, c ode or notation in which the work was 
originally expressed) not being a reproduction of the work;  
   (d) in relation to a literary work (whether  in a non-dramatic form or dramatic form), 
means —  
 
   (i) a translation of the work; or  
    (ii) a version of the work in whic h a story or action is conveyed solely or 
 principally by means of pictures; and  
   (e) in relation to a musical work, means an  arrangement or transcription of the work;  
 
 "archives" means —       (a) archival material in the custody of  the National Archives of Singapore established 
  under section 17 of the National Heritage Board Act (Cap. 196A);  
 
  (b) a collection of documents or other ma terial to which this paragraph applies by 
  virtue of subsection (4);    "artistic work" means —     
  (a) a painting, sculpture, drawing, engrav ing or photograph, whether the work is of 
  artistic quality or not;   
(b) a building or model of a building, whether the building or model is of artistic quality or not; or  
 
  (c) a work of artistic craftsma nship to which neither paragraph ( a) nor ( b) applies,  
 
but does not include a layout-design or an in tegrated circuit within the meaning of 
section 2 (1) of the Layout-Designs of Integrated Circuits Act (Cap. 159A);  
 
 "author", in relation to a photograph, means the person who took the photograph;  
 
"broadcast" means broadcast by wireless tele graphy, and "broadcasting" shall have a 
corresponding meaning;   
"broadcasting licence" and "broadcasting licensee" have the same meanings as in section 2 (1) 
of the Broadcasting Act (Cap. 28);  
  "building" includes a structure of any kind;    IP/N/1/SGP/C/12 
 Page 15 
 
 
   "cable programme" means a programme which is included in a cable programme service;  
  "cable programme service" means a service whic h consists wholly or mainly in the sending 
by any person, by means of a telecommunication system (whether run by him or by any other 
person), of sounds or visual images or both either —    
 
  (a) for reception, otherwise than by wireless telegraphy, at 2 or more places in 
Singapore, whether they are so sent for simultaneous reception or at different times in response to requests made by different users of the service; or  
 
  (b) for reception, by whatever means, at  a place in Singapore for the purpose of their 
being presented there either to members of the public or to any group of persons;  
  "cinematograph film" means the aggregate of visual images embodied in an article or thing so 
as to be capable by the use of that article or thing —    
 
  (a) of being shown as a moving picture; or     (b) of being embodied in another article or thing by the use of which it can be so 
shown,  
 
 and includes the aggregate of the sounds embodi ed in a sound-track associated with such 
visual images;  
 
"citizen of Singapore" includes a person who, if he had been alive on 1st November 1957, 
would have qualified for Singapore citi zenship under the Singapore Citizenship 
Ordinance 1957 (Ord. 35/57);  
 "communicate" means to transmit by electronic means (whether over a path, or a combination 
of paths, provided by a material substance or by wireless means or otherwise) a work or other subject-matter, whether or not it is sent in  response to a request, and includes —    
 
  (a) the broadcasting of a work or other subject-matter;  
   (b) the inclusion of a work or other subject-matter in a cable programme; and  
   (c) the making available of a work or  other subject-matter (on a network or 
otherwise) in such a way that the work  or subject-matter may be accessed by any 
person from a place and at a time chosen by him,  
  and "communication" shall ha ve a corresponding meaning;  
  "computer program" means an expression, in any language, code or notation, of a set of 
instructions (whether with or without related in formation) intended, either directly or after 
either or both of the following:    
   (a) conversion to another language, code or notation;  
 
  (b) reproduction in a different material form,  
  to cause a device having information processing cap abilities to perform a particular function;  
  "construction" includes erection and "reconstr uction"shall have a corresponding meaning;  IP/N/1/SGP/C/12 
Page 16  
 
   
"conveyance" has the same meaning as in the Regulation of Imports and Exports Act (Cap. 272A);  
 
"copy", in relation to a cinematograph film, m eans any article or thing in which the visual 
images or sounds comprising the film are embodied;  
 
"Copyright Act 1911" means the Copyright Act 1911 of the United Kingdom (U.K. 1911 c. 46) insofar as it has effect as part of the law of Singapore;  
 
"Copyright Tribunal" or "Tribunal"means any Co pyright Tribunal established under Part VII;  
 
"digital audio transmission" means a transmission of  a sound recording, in whole or in part, in 
a digital or other non-analogue form;   
"dramatic work" includes —    
 
(a) a choreographic show or other dumb show if described in writing in the form in 
which the show is to be presented; and  
 
(b) a scenario or script for a cinematograph film,  
 
but does not include a cinematograph film as distinct from the scenario or script for a cinematograph film;  
 
"drawing" includes any diagram, map, chart or plan;  
 
"educational institution" means —    
 
(a) a school or similar institution at which one  or more of the following is provided:  
 
(i) full-time primary education;  
 
(ii) full-time secondary education;  
 
(iii) full-time pre-university education;  
 
(iv) such other full-time education as may be prescribed by regulations made 
under this Act;  
 
(b) a junior college, a university, a college of advanced education or a technical and 
further education institution;   
(c) an institution that conducts courses of primary, secondary, pre-university or 
tertiary education by correspondence or on an external study basis;   (d) a school of nursing;   
(e) an undertaking within a hospital, bei ng an undertaking that conducts courses of 
study or training in —  
 
(i) the provision of medical services; or  
  IP/N/1/SGP/C/12 
 Page 17 
 
 
  (ii) the provision of services incidental to the provision of medical services;  
 
(f) a teacher education centre;  
 
(g) an institution that has, as its principal function, the provision of courses of study 
or training for the purpose of —  
 
(i) general education;   (ii) the preparation of persons for a particular occupation or profession; or  
 
(iii) the continuing education of persons engaged in a particular occupation or 
profession;   
(h) such other institution at which education is provided as may be declared by 
regulations made under this Act to be an in stitution to which this paragraph applies;  
 (i) an undertaking within a body administer ing an educational institution of a kind 
referred to in paragraphs ( a) to ( h), being an undertaking that has as its principal 
function, or as one of its principal func tions, the provision of teacher training for 
persons engaged as instructors in educational institutions of such a kind, or of 2 or 
more such kinds;  
 (j) an institution, or an undertaking wi thin a body administering an educational 
institution of a kind referred to in paragraphs ( a) to ( i), being an institution or 
undertaking that has as its principal function,  or as one of its principal functions, the 
furnishing of materials to educational institutions of a kind referred to in 
paragraphs ( a) to ( i), or to educational institutions of  2 or more such kinds, for the 
purpose of assisting those institutions in their teaching purposes,   
but does not include an institution that is conducted for the profit, direct or indirect, of an individual or individuals;  
 
"electronic copy", in relation to any work or other subject-matter, means a copy of the work 
or subject-matter in an electronic form;   "engraving" includes an etching, lithograph, product of photogravure, woodcut, print or 
similar work, not being a photograph;  
 "exclusive licence" means a licence in writing, signed by or on behalf of the owner or prospective owner of copyright, authorising the licensee, to the exclusion of all other persons, 
to do an act that, by virtue of this Act, the owner of the copyright would, but for the licence, have the exclusive right to do, and "exclusive  licensee" shall have a corresponding meaning;  
 
"future copyright" means copyright to come in to existence at a future time or upon the 
happening of a future event;   "handicapped reader" means —    
 
(a) a blind person;   (b) a person suffering severe impairment of his sight;   IP/N/1/SGP/C/12 
Page 18  
 
  (c) a person unable to hold or manipulate books or to focus or move his eyes; or  
 (d) a person suffering from a perceptual handicap;   
"infringing copy" —   
 
(a) in relation to a work, means a reproduction of the work, or of an adaptation of the 
work, not being a copy of a cinematograph film of the work or adaptation;   (b) in relation to a sound recording, means a copy of the sound recording not being a 
sound-track associated with visual images forming part of a cinematograph film;  
 (c) in relation to a cinematograph film, means a copy of the film;   (d) in relation to a television broadcast, sound broadcast or cable programme, means a 
copy of a cinematograph film of the broadcast or programme or a record embodying a 
sound recording of the broadcast or programme; and   (e) in relation to a published edition of a work, means a reproduction of the edition,  
 
being an article the making of which constituted an  infringement of the copyright in the work, 
recording, film, broadcast, programme or edition or, in the case of an article imported without 
the licence of the owner of the copyright, th e making of which was carried out without the 
consent of the owner of the copyright;  
 
"institution" includes an educational institution;  
 
"institution assisting handicapped readers" means —     
(a) an educational institution; or   (b) any other institution, not being an in stitution conducted for profit, direct or 
indirect, of an individual or individuals,  
 
that has as its principal function, or one of its principal functions, the provision of literary or dramatic works to handicapped readers and th at is declared by regulations made under this 
Act to be, for the purposes of this Act, an  institution assisting handicapped readers;  
 
"institution assisting intellectually ha ndicapped readers" means —    
 
(a) any educational institution; or   (b) any non-profit organisation,  
 
that has as its principal function, or one of its  principal functions, the provision of assistance 
to intellectually handicapped persons and that is  declared by regulations made under this Act 
to be, for the purposes of this Act, an institu tion assisting intellectually handicapped readers;  
 
"international organisation to which this Act app lies" means an organisation that is declared 
by the regulations made for the purposes of sec tion 185 to be an international organisation to 
which this Act applies, and includes —    
 
(a) an organ of, or office within, an organisation that is so declared; and   IP/N/1/SGP/C/12 
 Page 19 
 
 
   
(b) a commission, council or other body estab lished by such an organisation or organ;  
"judicial proceeding" means a proceeding before any court, tribunal or person having by law power to hear, receive and examine evidence on oath;  
 
"manuscript", in relation to a work, means an original document embodying the work, 
whether written by hand or not;   "minimum royalty", in relation to a record, means the amounts applicable in respect of the record under sections 57 (3) and 58 ( b) (i) or, if those provisions are affected by regulations 
made for the purposes of section 59, under those provisions as so affected;  
 "non-profit organisation" means an organisation or association or persons, whether corporate 
or unincorporate, that is not operated or conducted for profit;  
 
"Office" means the Intellectual Property Office of Singapore incorporated under the 
Intellectual Property Office of Singapore Act (Cap. 140);   "photograph" means a product of photography or of a process similar to photography, other 
than an article or thing in which visual imag es forming part of a ci nematograph film have 
been embodied, and includes a product of xe rography, and "photography" shall have a 
corresponding meaning;  
 "plate" includes a stereotype, stone, block, moul d, matrix, transfer, negative or other similar 
appliance;   
"programme", in relation to a cable programme  service, includes any item included in that 
service;   "prospective owner" —    
(a) in relation to a future copyright that is  not the subject of an agreement of a kind 
referred to in section 195 (1), means th e person who will be the owner of the 
copyright on its coming into existence; or   (b) in relation to a future copyright that is the subject of such an agreement, means the 
person in whom, by virtue of that section, the copyright will vest on its coming into 
existence;  
 
"receiving apparatus" means any device or equipm ent the operation of which, either alone or 
together with any other device or equipment, en ables people to hear or see a work or other 
subject-matter that is communicated;   
 "record" means a disc, tape, paper or ot her device in which sounds are embodied;  
  "regulations" means the regulations made under this Act;   
"re-transmission", in relation to a broadcast, m eans a re-transmission of the broadcast without 
altering the contents of the broadcast, whether the re-transmission is simultaneous with the 
original transmission or whether the technique th at is used to achieve the re-transmission is 
different from that used to achieve the original transmission;  
 IP/N/1/SGP/C/12 
Page 20  
 
   "royalty", in relation to a record, means the amount applicable in respect of the record under 
section 57 (1) or, if that provision is aff ected by regulations made for the purposes of 
section 59, under that provision so affected;  
 
"sculpture" includes a cast or mode l made for purposes of sculpture;  
 
"simulcasting", in relation to a work, an ad aptation of a work, a sound recording or a 
cinematograph film, means simultaneously broa dcasting the work, adaptation, recording or 
film in both analogue form and digital form;  
 
"sound broadcast" means sounds broadcast otherwi se than as part of a television broadcast;  
 
"sound recording" means the aggregate of the sounds embodied in a record;  
 
"sound-track", in relation to visual images forming part of a cinematograph film, means —    
 
(a) the part of any article or thing (being an article or thing in which those visual images are embodied) in which sounds are embodied; or   (b) a disc, tape or other device in whic h sounds are embodied and which is made 
available by the maker of the film for use in conjunction with the article or thing in 
which those visual images are embodied;  
 
"sufficient acknowledgment", in relation to a work, means an acknowledgment identifying the 
work by its title or other description and, unl ess the work is anonymous or pseudonymous or 
the author has previously agreed or directed th at an acknowledgment of his name is not to be 
made, also identifying the author;  
 "telecommunication apparatus" means appara tus constructed  or adapted for use in 
transmitting or receiving —     
(a) speech, music and other sounds;  
 
(b) visual images;   (c) signals serving for the impartation (w hether as between persons and persons, 
things and things or persons and things) of any matter otherwise than in the form of 
sounds or visual images; or  
 (d) signals serving for the actuation or control of machinery or apparatus,   
which is to be or has been conveyed by means of a telecommunication system;   
"telecommunication system" means a system fo r the conveyance, through the agency of 
electric, magnetic, electro-magnetic, electro-chem ical or electro-mechanical energy, of —    
 
(a) speech, music and other sounds;   
(b) visual images;  
 (c) signals serving for the impartation (w hether as between persons and persons, 
things and things or persons and things) of any matter otherwise than in the form of 
sounds or visual images; or   IP/N/1/SGP/C/12 
 Page 21 
 
 
   
(d) signals serving for the actuation or control of machinery or apparatus;  
 
"television broadcast" means visual images broad cast by way of television, together with any 
sounds broadcast for reception along with those images;  
 
"wireless telegraphy" means the emitting or recei ving, otherwise than over a path that is 
provided by a material substance,  of electro-magnetic energy;  
 "wireless telegraphy apparatus" means an appliance or apparatus for the purpose of 
transmitting or receiving sounds or visual images by means of wireless telegraphy;  
 "will" includes a codicil;   "work" means a literary, dramatic, musical or artistic work;  
 
"work of joint authorship" means a work that h as been produced by the collaboration of 2 or 
more authors and in which the contribution of each author is not separate from the contribution of the other author or the contributions of other authors;   "writing" means a mode of representing or repr oducing words, figures or symbols in a visible 
form, and "written" shall have a corresponding meaning.    
 
[14/94; 15/94;6/98;3/99;38/99; 3/2001; 34/2002;52/2004] 
 
(1A) Without limiting the meaning of the expression "e ducational purposes" in this Act, a copy of the 
whole or a part of a work or other subject-matter sh all be taken to have been made, used or retained, 
as the case may be, for the educational pur poses of an educational institution if —  
 
(a) it is made or retained for use, or is u sed, in connection with a particular course of 
instruction provided by the institution; or   
(b) it is made or retained for inclusion, or is  included, in the collection of a library of the 
institution.   
 
[6/98] 
 
(2) Without limiting the meaning of the expression "r easonable portion" in this Act, where a literary, 
dramatic or musical work is contained in a publishe d edition of that work, being an edition of not less 
than 10 pages, a copy of part of that work, as it app ears in that edition, shall be taken to contain only a 
reasonable portion of that work if the pa ges that are copied in the edition —  
 
(a) do not exceed, in the aggregate, 10% of the number of pages in that edition; or  
 
(b) in a case where the work is divided into ch apters — exceed, in the aggregate, 10% of the 
number of pages in that edition but contain only the whole or part of a single chapter of the work.  
 
(2A) Without limiting the meaning of the expression "reasonable portion" in this Act, where a literary, 
dramatic or musical work is contained in a publis hed edition of that work, being an edition which is 
stored on any medium by electronic means and is not di vided into pages, a copy of part of that work, 
as it appears in that edition, shall be  taken to contain only a reasonable portion of that work if the part 
that is copied in the edition —  IP/N/1/SGP/C/12 
Page 22  
 
   
(a) does not exceed, in the aggregate —  
 
(i) 10% of the total number of bytes in that edition; or   
(ii) 10% of the total number of words in that edition or, where it is not practicable to 
use the total number of words as a measure, 10%  of the contents of that edition; or  
 
(b) in a case where the work is divided into  chapters, exceeds, in the aggregate —  
 
(i) 10% of the total number of bytes in that edition; or  
 (ii) 10% of the total number of words in that edition or, where it is not practicable to use the total number of words as a measure, 10% of the contents of that edition,  
 
 but contains only the whole or part of a single chapter of the work.    
 
[38/99;52/2004] 
 
(3) In this Act, unless the contrary intention appears —   
(a) a reference to the body administering an educational institution, an institution assisting 
handicapped readers or an institution assisting in tellectually handicapped r eaders shall be read 
as —   
(i) in a case where the institution is a body corporate, a reference to the institution; or  
 
(ii) in any other case, a reference to th e body or person (including the Government) 
having ultimate responsibility for the administration of the institution;   
(b) a reference to the body administering a library  or archives shall be read as a reference to 
the body (whether incorporated or not), or th e person (including the Government), having 
ultimate responsibility for the administration of the library  or archives;  
 (c) a reference to a copy of a sound recordi ng shall be read as a reference to a record 
embodying a sound recording or a substantial pa rt of a sound recording being a record 
derived, directly or indirectly, from a record produced upon the making of a sound recording;  
 
(d) a reference to the copying records of an educational institution, an institution assisting 
handicapped readers or an institution assisting in tellectually handicapped r eaders shall be read 
as a reference to the collection of —   
(i) the relevant records in respect of copies of articles and other works made by or on 
behalf of the body administering the institution in reliance on section 52;  
 (ii) the relevant records in respect of copies of articles and other works made by or on behalf of the body administering the institution in reliance on section 54;  
 
(iii) the relevant records in respect of c opies of articles and other works made by or 
on behalf of the body administering the institution in reliance on section 54A,   
other than any such records as have been dul y destroyed by, or by authority of, the body 
administering that institution;   IP/N/1/SGP/C/12 
 Page 23 
 
 
  (e) a reference to the custodian in charge of th e copying records of an educational institution, 
an institution assisting handicapped readers or an institution assisting intellectually 
handicapped readers shall be read as a refere nce to the person having responsibility for the 
day-to-day administration of the institution;   
(f) a reference to the making, by reprographic repr oduction, of a copy of a document, or of the 
whole or a part of a work, shall be read as a reference to the making of a facsimile copy of the document or the whole or that part of the work, being a facsimile copy of any size or form;   (g) a reference to a handicapped reader’s copy of a work, or of a part of a work, shall be read 
as a reference to —  
 
(i) a record embodying a sound recording of the work, or of the part of the work, being a record that was made by, or on behalf of, the body administering an institution assisting handicapped readers for use by a handicapped reader for the 
purpose of research or study that he is undertaking or proposes to undertake or for the 
purpose of instructing himself on any matter; or   (ii) a Braille version, large-print version or photographic version of the work, or of 
the part of the work, being a Braille ve rsion, large-print version or photographic 
version, as the case may be, made by, or on behalf of, the body administering the 
institution assisting handicapped readers for use by a handicapped reader for the 
purpose of research or study that he is undertaking or proposes to undertake or for the purpose of instructing himself on any matter;   
(h) a reference to an intellectually handicapped reader’s copy of a work, or of a part of a 
work, shall be read as a reference to a copy of a work, or of a part of a work, as the case may 
be, made by, or on behalf of, the body admini stering an institution assisting intellectually 
handicapped persons, being a copy that is made for the sole purpose of use in the provision, 
whether by the institution or otherwise, of assist ance to any intellectuall y handicapped person;  
 (i) a reference to a microform copy of the whole or a part of a work shall be read as a 
reference to a copy of the whole or part of the work produced by miniaturizing the graphic 
symbols of which the work is composed;   (j) a reference to a periodical publication shall be read as a reference to an issue of a periodical publication and a reference to articles contained in the same periodical 
publication shall be read as a reference to articles contained in the same issue of that 
periodical publication;   (k) a reference to a record embodying a sound r ecording shall be read as a reference to —  
 
(i) a record produced upon the making of a sound recording; or  
 
(ii) another record embodying the sound recording, directly or indirectly, derived from a record so produced;   
(l) a reference to a relevant record, or a releva nt declaration, in relation to the making, in 
reliance on a particular section —  
 
(i) of a copy, a handicapped reader’s copy, or an intellectually handicapped reader’s copy, of the whole or a part of a work; or   IP/N/1/SGP/C/12 
Page 24  
 
  (ii) of a copy of a sound recording,  
 
shall be read as a reference to any record or d eclaration of a kind referred to in that section 
that is required by this Act to be made in  relation to the making of that copy.    
 
[6/98;38/99] 
 
(4) Where —   
(a) a collection of documents or other material of  historical significance or public interest that 
is in the custody of a body, whether corporate or unincorporate, is being maintained by the 
body for the purpose of conserving and preserving those documents or other material; and  
 (b) the body does not maintain and operate the collection for the purpose of deriving a profit,  
 
paragraph ( b) of the definition of "archives" in subsection (1) shall apply to that collection.   
 (5) For the purposes of this Act, telecommunication a pparatus which is situated in Singapore and —  
 
(a) is connected to but not comprised in a telecommunication system; or   
(b) is connected to and comprised in a te lecommunication system which extends beyond 
Singapore,   
shall be regarded as a telecommunication system a nd any person who controls the apparatus shall be 
regarded as running the system.    
 
[Aust. 1968, s. 10]   
 
Literary works include compilation and computer program 
7A.—(1) For the purposes of this Act, "literary work" includes —  
 
(a) a compilation in any form; and  
 (b) a computer program.    
[38/99] 
 
(2) Any copyright subsisting in a co mpilation by virtue of Part III —  
 
(a) is limited to the selection or arrangement of  its contents which constitutes an intellectual 
creation; and   (b) is in addition to, and independent of, any right subsisting by virtue of Part III, IV or XII in 
any relevant material or data c ontained in the compilation.    
 
[38/99]  
(3) For the purposes of this section —  
 
 "compilation" means —    
 
(a) a compilation, or table, consisting wholly of relevant materials or parts of relevant 
materials;    IP/N/1/SGP/C/12 
 Page 25 
 
 
  (b) a compilation, or table, consisting partly of relevant materials or parts of relevant 
materials; or   (c) a compilation, or table, of data other th an relevant materials or parts of relevant 
materials,  
 
which, by reason of the selection or arrangeme nt of its contents, constitutes an intellectual 
creation;  
 
"relevant material" means —    
 
(a) a work, including a computer program;   (b) a sound recording;   
(c) a cinematograph film;  
 (d) a published edition of a work;   (e) a television or sound broadcast;   
(f) a cable programme; or  
 (g) a recording of a performance within  the meaning of Part XII.    
 
[38/99] 
 
Residence 
8.—(1) For the purposes of this Act, a "person resi dent in Singapore" includes a person who, at the 
material time, is residing in Singapore by virtue of a valid pass lawfully issued to him under the 
Immigration Act (Cap. 133) to enter and remain in Singapore for any purpose otherwise than for a 
temporary purpose.   
 
(2) For the purposes of this Act, a person who, at a material time, was ordinarily resident in a country (including Singapore) but was temporarily absent from that country shall be treated as if he had been 
resident in that country at that time.    [Aust. 1968, s. 11]   
 
Acts comprised in copyright 
9.—(1) A reference in this Act to an act comprised in the copyright in a work or other subject-matter 
shall be read as a reference to any act that, unde r this Act, the owner of the copyright has the 
exclusive right to do.   
 
(2) For the purposes of this Act, the exclusive right to  do an act in relation to a work, an adaptation of 
a work or any other subject-matter includes the exclus ive right to authorise a person to do that act in 
relation to that work, adaptation or other subject-matter.    [Aust. 1968, s. 13]   
 IP/N/1/SGP/C/12 
Page 26  
 
  Acts done in relation to substantial part of work  or other subject-matter deemed to be done in 
relation to the whole 
10.—(1) In this Act, unless the contrary intention appears —  
 
(a) a reference to the doing of an act in relation to a work or other subject-matter shall be read 
as including a reference to the doing of that act in  relation to a substantial part of the work or 
other subject-matter; and   (b) a reference to a reproduction, adaptation or copy of a work shall be read as including a reference to a reproduction, adaptation or copy  of a substantial part of the work, as the 
case may be.  
 (2) This section shall not affect the interpretation of any reference in sections 27, 185, 196 and 197 to 
the publication, or absence of publication, of a work.    [Aust. 1968, s. 14]   
 
References to acts done with licence of owner of copyright 
11.—For the purposes of this Act, an act shall be de emed to have been done with the licence of the 
owner of a copyright if the doing of the act was authorised by a licence binding the owner of the copyright.   
 
[Aust. 1968, s. 15]   
 
References to partial assignment of copyright 
12.—A reference in this Act to a partial assignment of copyright shall be read as a reference to an 
assignment of copyright that is limited in any way.   
 
[Aust. 1968, s. 16]   
 
Libraries established or conducted for profit 
13.—For the purposes of this Act, a library shall not be taken to be establishe d or conducted for profit 
by reason only that the library is owned by a person carrying on business for profit.   
 
[Aust. 1968, s. 18]   
 
Names under which work is published 
14.—(1) A reference in this Act to the name or  names under which a work was published shall be 
read as a reference to the name or names specified in  the work as the name of the author or the names 
of the authors of the work.    (2) For the purposes of this Act, a publication of a work under 2 or more names shall not be taken to 
be pseudonymous unless all those names are pseudonyms.   
 
[Aust. 1968, s. 20]   
 
Reproduction of works 
15.—(1) For the purposes of this Act, reproduction, in the case of a literary, dramatic or musical 
work, includes a reproduction in the form of a sound recording or cinematograph film of the work, 
and any record embodying such a recording and any co py of such a film shall be deemed to be a 
reproduction of the work.     IP/N/1/SGP/C/12 
 Page 27 
 
 
  (1A) For the purposes of this Act, reproduction, in relation to any work, includes the making of a copy 
which is transient or is incidental to some other use of the work.    
[38/99] 
 
(1B) Without limiting the meaning of the term "rep roduced", for the purposes of this Act, a literary, 
dramatic, musical or artistic work, including a re production of such work in the form of a sound 
recording or cinematograph film, is reproduced if it is converted into or from a digital or other electronic machine-readable form, and any article embodying the work or reproduction of the 
work in such a form is taken to be a reproduction of the work.     
[52/2004] 
 
(2) Subsections (1), (1A) and (1B) shall apply in re lation to an adaptation of a work in like manner as 
it applies in relation to a work.     
[38/99;52/2004] 
 
(3) For the purposes of this Act, an artistic work  shall be deemed to have been reproduced —  
 
(a) in the case of a work in a 2-dimensional form  — if a version of the work is produced in a 
3-dimensional form; or  
 
(b) in the case of a work in a 3-dimensional form — if a versi on of the work is produced in a 
2-dimensional form,  
 and the version of the work so produced shall be deemed to be a reproduction of the work.   
 
(4) Subsection (3) shall have effect subject to Division 9 of Part III.    
[Aust. 1968, s. 21]   
 
Provisions relating to the making of a work or other subject-matter 
16.—(1) A reference in this Act to the time when, or the period during which, a literary, dramatic or 
musical work was made shall be read as a referen ce to the time when, or the period during which, as 
the case may be, the work was first reduced to writing or to some other material form.   
 (2) For the purposes of this Act, a literary, dramatic or musical work that exists in the form of sounds 
embodied in an article or thing shall be deemed to have been reduced to a material form and to have 
been so reduced at the time when those sounds were embodied in that article or thing.   
 (3) For the purposes of this Act —   
(a) a sound recording shall be deemed to have been made at the time when the first record 
embodying the recording was produced; and  
 (b) the maker of the sound recording is the pe rson who owned that record at that time.  
 (4) For the purposes of this Act —  
 
(a) a reference to the making of a cinematograph film shall be read as a reference to the doing 
of the things necessary for the production of the first copy of the film; and   IP/N/1/SGP/C/12 
Page 28  
 
  (b) the maker of the cinematograph film is th e person by whom the arrangements necessary 
for the making of the film were undertaken.  
 (5) For the purposes of this Act, a television broa dcast or sound broadcast shall be deemed to have 
been made by the person by whom, at the time when, and from the place from which —  
 
(a) the visual images or sounds in question, or both, as the case may be, are broadcast; or  
 (b) in the case of a television broadcast or s ound broadcast made by the technique known as 
direct broadcasting by satellite, the visual imag es or sounds in question, or both, as the case 
may be, are transmitted to the satellite transponder.  
 (6) For the purposes of this Act, a communication othe r than a broadcast is taken to have been made 
by the person responsible for determining the content of the communication at the time the 
communication is made.    
 
[52/2004] 
 
[Aust. 1968, s. 22]   
 
Storage in computer or on any other medium 
17.—References in this Act to the reduction of any work  or of an adaptation of a work to a material 
form, or to the reproduction of any work or of an adaptation of a work in a material form, shall include references to the storage of that work or adaptation —  
 
(a) in a computer;  
 
(b) on any medium by electronic means; or   (c) on any other medium from which the work or adaptation, or a substantial part of the work 
or adaptation, can be directly reproduced.    
 
[38/99;52/2004] 
 
Sound recordings and records 
18.—(1) For the purposes of this Act, sounds emb odied in a sound-track associated with visual 
images forming part of a cinematograph film sha ll be deemed not to be a sound recording.   
 
(2) A reference in this Act to a record of a work  or other subject-matter shall, unless the contrary 
intention appears, be read as a reference to a reco rd by means of which the work or other subject-
matter can be performed.    
[Aust. 1968, s. 23]   
 
References to sounds and visual images embodied in an article 
19.—For the purposes of this Act, sounds or visual im ages shall be taken to have been embodied in an 
article or thing if the article or thing has been so treated in relation to those sounds or visual 
images that those sounds or visual images are capable , with or without the aid of some other device, 
of being reproduced from the article or thing.   
 
[Aust. 1968, s. 24]   
  IP/N/1/SGP/C/12 
 Page 29 
 
 
  Provisions relating to broadcasting 
20.—(1) A reference in this Act to broadcasting shall,  unless the contrary intention appears, be read as 
a reference to broadcasting whether by way of  sound broadcasting or of television.   
 (2) A reference in this Act to th e doing of an act by the reception of a television broadcast or sound 
broadcast shall be read as a reference to the doing of that act by means of receiving a broadcast from 
—   
(a) the transmission by which the broadcast is made; or   
(b) a transmission made otherwise than by way of broadcasting, but simultaneously with the 
transmission referred to in paragraph ( a),  
 whether the reception of the broadcast is direc tly from the transmission concerned or from re-
transmission made by any person from any place.   
 
(3) Where a record embodying a sound recording or a copy of a cinematograph film is used for the 
purpose of making a broadcast (referred to in this subsection as the primary broadcast), a person who makes a broadcast (referred to in this sub section as the secondary broadcast) by receiving and 
simultaneously making a further transmission of —   
(a) the transmission by which the primary broadcast was made; or  
 (b) a transmission made otherwise than by wa y of broadcasting but simultaneously with the 
transmission referred to in paragraph ( a),  
 
shall, for the purposes of this Act, be deemed not to have used the record or copy for the purpose 
of making the secondary broadcast.    (4) In this Act —   
(a) a reference to a cinematograph film of a tele vision broadcast shall be read as including a 
reference to a cinematograph film, or a photograph,  of any of the visual images comprised in 
the broadcast; and   (b) a reference to a copy of a cinematograph film of a television broadcast shall be read as including a reference to a copy of a cinematograph film, or a reproduction of a photograph, of 
any of those images.  
 
(5) In this section, "re-transmission" means any re -transmission, whether over paths provided by a 
material substance or not, and includes a re-transmi ssion made by making use of any article or thing 
in which the visual images or sounds constituting the broadcast, or both, as the case may be, have 
been embodied.   
 
[Aust. 1968, s. 25]   
 
Cable programmes 
21.—(1) A reference in this Act to the inclusion of a programme in a cable programme service is a 
reference to its inclusion in such a service  by the person providing that service.   
 IP/N/1/SGP/C/12 
Page 30  
 
  (2) For the purposes of this Act, no account shall be  taken of a cable programme service if, and to the 
extent that, it is provided for a person providing another such service.    
[15/94] 
 
(3) Where a service of distributing matter over wir es or over other paths provided by a material 
substance is only incidental to, or part of, a service of transmitting telegraphic or telephonic 
communications, a subscriber to the last-mentioned service shall be taken, for the purposes of this 
section, to be a subscriber to the first-mentioned service.    Performance 
22.—(1) Subject to this section, unless the context otherwise requires, a reference in this Act to 
"performance" shall —   
(a) be read as including a reference to any mode  of visual or aural presentation, whether the 
presentation is by the use of any receiving appara tus, by the exhibition of a cinematograph 
film, by the use of a record or by any other means; and   (b) in relation to a lecture, an address, a speech  or a sermon, be read as including a reference 
to delivery,  
 
and a reference in this Act to performing a work or  an adaptation of a work shall have a corresponding 
meaning.    
[52/2004] 
 
(2) For the purpose of this Act, the communication of a work or other subject-matter to the public 
shall not —   
(a) constitute a performance; or   (b) amount to causing visual images to be seen or sounds to be heard.    
 
[52/2004] 
 
(3) For the purposes of this Act,  where visual images are displayed or sounds are emitted by any 
receiving apparatus to which they are communicat ed, the operation of any device or equipment by 
which the images or sounds are communicated, direc tly or indirectly, to the receiving apparatus does 
not constitute a performance or amount to causing images to be seen or sounds to be heard but, insofar 
as the display of the images or emission of the s ounds constitutes a performance, or causes the images 
to be seen or the sounds to be heard, the perform ance, or the causing of the images to be seen or 
sounds to be heard, as the case may be, shall be deemed to be effected by the operation of the 
receiving apparatus.    
 
 
[52/2004] 
 
 
(4) Without prejudice to subsections (2) and (3), where a work or an adaptation of a work is 
performed or visual images are caused to be seen or  sounds to be heard by the operation of any device 
or equipment referred to in subsection (3) or of  any device or equipment for reproducing sounds by 
the use of a record, being device or equipment provide d by or with the consent of the occupier of the 
premises where the device or equipment is situat ed, the occupier of those premises shall, for the  IP/N/1/SGP/C/12 
 Page 31 
 
 
  purposes of this Act, be deemed to be the person giving the performance or causing the images to be 
seen or the sounds to be heard, whether he is the person operating the device or equipment or not.    
 
[52/2004]  
[Aust. 1968, s. 27]   
 
Performance of works or other subject-matter by students or staff of educational institution, 
etc. 
23.—(1) Where a musical work is performed by the st udents or staff of an educational institution in 
the premises of the institution or elsewhere in the presence of an audi ence and is so performed in the 
course of the activities of the institution, the perfo rmance shall, for the purposes of this Act, be 
deemed not to be a performance in public.     
[52/2004]  
 
(2) Where a literary or dramatic work is perform ed by the students or staff of an educational 
institution in the premises of the institution or el sewhere in the presence of an audience and is so 
performed in the course of the activ ities of the institution, the perfor mance shall, for the purposes of 
this Act, be deemed not to be a performance in pub lic if the audience is limited to persons who are 
taking part in the instruction or are otherwise dire ctly connected with the place where the instruction 
is given.    
 
[52/2004]  
 
(3) For the purposes of subsection (2), a person shall be deemed to be directly connected with a place 
where instruction is given if he is a parent, guard ian, brother or sister of a student who receives 
instruction at that place.   
 (4) Subsections (2) and (3) sha ll apply in relation to cinemat ograph films, broadcasts, cable 
programmes and recordings of performances in like manner as they apply in relation to literary and 
dramatic works but, in the application of those su bsections in relation to such films, broadcasts, 
cable programmes or recordings, any reference to the performance of the work shall be read as a 
reference to the act of causing the sounds concerned to  be heard or the visual images concerned to be 
seen.    
[52/2004]  
 
(5) For the purposes of this section, the staff of  an educational institution shall include —  
 
(a) any adjunct staff of the educational institution; and   (b) any person engaged by the e ducational institution to conduc t any course of instruction, 
activity or programme of or offered by the educational institution.    
 
[52/2004]  
 
[Aust. 1968, s. 28]   
 IP/N/1/SGP/C/12 
Page 32  
 
  Publication 
24.—(1) Subject to this section, for the purposes of this Act —  
 
(a) a literary, dramatic, musical or artistic work, or an edition of such a work, shall be deemed 
to have been published if, but only if, reproducti ons of the work or an edition of that work 
have been supplied (whether by sale or otherwise) to the public;  
 (b) a cinematograph film shall be deemed to ha ve been published if, but only if, copies of the 
film have been sold, let on hire , or offered or exposed for sale or hire, to the public; and  
 
(c) a sound recording shall be deemed to ha ve been published if, but only if, records 
embodying the recording or a part of the reco rding have been supplied (whether by sale 
or otherwise) to the public.  
 (2) In determining, for the purposes of subsection (1) ( a), whether reproductions of a work or an 
edition of that work have been supplied to  the public, section 10 shall not apply.   
 (3) For the purposes of this Act —   
(a) the performance of a literary, dramatic or musical work;   
(b) the supplying (whether by sale or otherwise) to the public of records of a literary, dramatic 
or musical work;   (c) the exhibition of an artistic work;   
(d) the construction of a building or of a model of a building; or  
 (e) the supplying (whether by sale or otherwise) to the public of photographs or engravings of 
a building, of a model of a building or of a sculpture,  
 shall not constitute publication of the work.   
 
(4) A publication that is merely colourable and is  not intended to satisfy the reasonable requirements 
of the public shall be disregarded for the purposes of this Act except insofar as it may constitute an 
infringement of copyright or a breach of a duty under Part IX.    
(5) For the purposes of this Act, a publication in Sing apore or in any other country shall not be treated 
as being other than the first publication by reason only of an earlier publication elsewhere, if the 2 
publications took place within a period of not more than 30 days.    (6) In determining, for the purposes of any provision of this Act whether —   
(a) a work or other subject-matter has been published;  
 (b) a publication of a work or other subject-mat ter was the first publication of the work or 
other subject-matter; or   
(c) a work or other subject-matter was published or otherwise dealt with in the life-time of a 
person,  
 any unauthorised publication or the doing of any ot her unauthorised act shall be disregarded.   
  IP/N/1/SGP/C/12 
 Page 33 
 
 
  (7) Subject to section 49, a publication or other act  shall, for the purposes of subsection (6), be 
taken to have been unauthorised if, but only if —   
(a) copyright subsisted in the work or othe r subject-matter and the act concerned was done 
otherwise than by, or with the licence of, the owner of the copyright; or  
 
(b) copyright did not subsist in the work or other subject-matter and the act concerned was 
done otherwise than by, or with the licence of —  
 
(i) the author or, in the case of a sound recording, cinematograph film or edition of a 
work, the maker or publisher, as the case may be; or  
 (ii) persons lawfully claiming under the author, maker or publisher.  
 (8) Nothing in subsections (6) and (7) shall aff ect any provision of this Act relating to the acts 
comprised in a copyright or to acts constituting infri ngements of copyrights or any of the provisions 
of Part IX.    
[Aust. 1968, s. 29]   
 
Ownership of copyright for particular purposes 
25.—(1) In the case of a copyright of which (whether as a result of a partial assignment or otherwise) 
different persons are the owners in respect of its application to —  
 
(a) the doing of different acts or classes of acts; or   
(b) the doing of one or more acts or classes of acts in different countries or at different times,  
 the owner of the copyright, for any purpose of this Act, shall be deemed to be the person who is the 
owner of the copyright in respect of its application to  the doing of the particular act or class of acts, or 
to the doing of the particular act or class of acts in the particular country or at the particular time, as 
the case may be, that is relevant to that purpose, an d a reference in this Act to the prospective owner 
of a future copyright of which different persons are the prospective owners shall have a corresponding 
meaning.    (2) Without prejudice to subsection (1), where unde r any provision of this Act a question arises 
whether an article of any description has been impor ted or sold, or otherwise dealt with, without the 
licence of the owner of any copyright, the owner of the copyright, for the purpose of determining that 
question, shall be taken to be the person entitled to the copyright in respect of its application to the 
making of articles of that description in the country  into which the article was imported, or, as the 
case may be, in which it was sold or otherwise dealt with.    (3) Where reference is made in this Act to an imported article the making of which was carried out 
without the consent of the owner of the copyright, th e reference to the owner of the copyright shall be 
read as a reference to —   
(a) the person entitled to the copyright in respect of its application to the making of an article 
of that description in the country where the article was made; or  
 
(b) if there is no person entitled to the copyright in respect of its application to the making of 
an article of that description in the country where the article was made, the person entitled to 
the copyright in respect of that application in Singapore.  
 IP/N/1/SGP/C/12 
Page 34  
 
  (4) The making of the article shall be deemed to ha ve been carried out with the consent of the owner 
referred to in subsection (3) if, after disregarding all conditions as to the sale, distribution or other 
dealings in the article after its making, the ar ticle was made with his licence (other than a 
compulsory licence).     
[14/94]  
 
[Aust. 1968, s. 30]   
 
Commercial rental arrangement 
25A. —(1) In this Act, "commercial rental arrange ment", in relation to a sound recording or a 
computer program, signifies an arrangement that has the following features:   
(a) regardless of the way in which the arra ngement is expressed, it is in substance an 
arrangement under which a copy of the s ound recording or computer program is 
made available by a person on terms that it w ill or may be returned to the person;  
 (b) the arrangement is made in the c ourse of the conduct of a business; and  
 (c) the arrangement provides for the copy to be made available —  
 
(i) for payment in money or money’s worth; or  
 (ii) as part of the provision of a service for which payment in money or money’s worth is to be made.   
 
[6/98]  
 
(2) Notwithstanding anything in subsection (1), an arrangement shall not be regarded as a commercial 
rental arrangement if, regardless of the way in  which the arrangement is expressed, it is an 
arrangement for the lending of a copy of a sound recording or computer program under which the 
amount payable is intended to be no more than —  
 
(a) the amount necessary to recover the costs, including overheads, of the arrangement; or  
 (b) a deposit to secure the return of the copy.    
 
[6/98]  
 
[Aust. 1968, s. 30A]   
 
 
PART III 
 
COPYRIGHT IN ORIGINAL LITERARY, DRAMATIC, MUSICAL  
AND ARTISTIC WORKS 
 
Division 1 — Nature, Duration and Ownership of Copyright in Works  
 
 
Nature of copyright in original works 
26.—(1) For the purposes of this Act, unless the contra ry intention appears, copyright, in relation to a 
work, is the exclusive right —   IP/N/1/SGP/C/12 
 Page 35 
 
 
   
(a) in the case of a literary, dramatic or musical work, to do all or any of the following acts:  
 
(i) to reproduce the work in a material form;   
(ii) to publish the work if the work is unpublished;  
 (iii) to perform the work in public;   (iv) to communicate the work to the public;  
 
(v) to make an adaptation of the work;   (vi) to do, in relation to a work that is an adaptation of the first-mentioned work, any 
of the acts specified in relation to the firs t-mentioned work in sub-paragraphs (i) to 
(v);  
 
(b) in the case of an artistic work, to do all or any of the following acts:  
 
(i) to reproduce the work in a material form;   
(ii) to publish the work in Singapore or any country in relation to which this Act 
applies, if the work is unpublished;   (iii) to communicate the work to the public; and  
 
(c) in the case of a computer program, to enter into a commercial rental arrangement in 
respect of the program unless the program is not the essential object of the rental.   
 
[6/98;52/2004]  
 
(2) Subsection (1) ( c) shall not extend to entry into a commercial rental arrangement in respect of a 
machine or device in which a computer program is embodi ed if the program is not able to be copied in 
the course of the ordinary use of the machine or device.     
[6/98]  
 
(3) The reference in subsection (2) to a device shall not include a device of a kind ordinarily used to 
store computer programs, such as a floppy disc, a device of the kind commonly known as a CD ROM, or an integrated circuit.     
[6/98]  
 
(4) Subsection (1) ( c) shall not extend to entry into a commercial rental arrangement in respect of a 
computer program if —   
(a) the copy of the computer program, not being an infringing copy, was purchased by a 
person (referred to in this subsection as th e program owner) before 16th April 1998;  
 
(b) the commercial rental arrangement is ente red into in the ordinary course of a business 
conducted by the program owner; and   IP/N/1/SGP/C/12 
Page 36  
 
  (c) the program owner was conducting the same business, or another business that consisted 
of, or included, the making of commercial rental arrangements in respect of computer programs, when the copy was purchased.    
 
[6/98]  
 
[Aust. 1968, s. 31]   
 
Original works in which copyright subsists 
27.—(1) Subject to the provisions of this Act, copyri ght shall subsist in an original literary, dramatic, 
musical or artistic work that is unpublished and of which the author —  
 
(a) was a qualified person at the time when the work was made; or   (b) if the making of the work extended over a period — was a qualified person for a 
substantial part of that period.  
 (2) Subject to the provisions of this Act, where an original literary, dramatic, musical or artistic work has been published —   
(a) copyright shall subsist in the work; or  
 
(b) if copyright in the work subsisted immediat ely before its first publication, copyright shall 
continue to subsist in the work,  
 if, but only if —  
 
(c) the first publication of the work took place in Singapore;   (d) the author of the work was a qualified person at the time when the work was first 
published; or   
(e) the author died before that time but was a qualified person immediately before his death.  
 (3) Notwithstanding subsection (2) but subject to th e remaining provisions of this Act, copyright 
shall subsist in —   
(a) an original artistic work that is a building situated in Singapore; or  
 (b) an original artistic work that is attach ed to, or forms part of, such a building.  
 (4) In this section, "qualified person" means a citizen of Singapore or a person resident in Singapore.   
 [Aust. 1968, s. 32]   
 
Duration of copyright in original works 
28.—(1) This section shall have effect subject to sections 27 (2) and 29.   
 
(2) Subject to this section, where, by virtue of this  Part, copyright subsists in a literary, dramatic or 
musical work, or in an artistic work other than a photograph, that copyright shall continue to subsist 
until the expiration of 70 years after the expiration of the calendar year in which the author of the 
work died.      IP/N/1/SGP/C/12 
 Page 37 
 
 
  [21/2004]  
 
(3) If, before the death of the author of a literary, dramatic or musical work —   
(a) the work had not been published;  
 
(b) the work had not been performed in public;   (c) the work had not been broadcast;   
(d) the work had not been included in a cable programme; and  
 (e) records of the work had not been o ffered or exposed for sale to the public,  
 the copyright in the work  shall continue to subsist until the expiration of 70 years after the 
expiration of the calendar year in which the work is  first published, performed in public, or broadcast, 
or included in a cable programme, or records of the work are first offered or exposed for sale to the 
public, whichever is the earliest of those events to happen.     
[21/2004]  
 
(4) A reference in subsection (3) to the doing of an act in relation to a work shall be read as 
including a reference to the doing of that act in relation to an adaptation of the work.   
 (5) If, before the death of the author of an engr aving, the engraving had not been published, the 
copyright in the engraving shall continue to subsis t until the expiration of 70 years after the expiration 
of the calendar year in which the engraving is first published.    
 
[21/2004]  
 
(6) Copyright subsisting in a photograph by virtue of  this Part shall continue to subsist until the 
expiration of 70 years after the expiration of th e calendar year in which the photograph is first 
published.    
 
[21/2004]  
 
[Aust. 1968, s. 33]   
 
Duration of copyright in anonymous and pseudonymous work 
29.—(1) Subject to subsection (2), where the first pu blication of a literary, dramatic or musical work, 
or of an artistic work other than a photograph, is anonymous or pseudon ymous, section 28 shall not 
apply in relation to the work but any copyright subs isting in the work by virtue of this Part shall 
continue to subsist until the expiration of the peri od of 70 years after the expiration of the calendar 
year in which the work was first published.    
 
[21/2004]  
 
(2) Subsection (1) shall not apply in relation to a work if at any time before the expiration of the 
period referred to in that subsection, the identity of  the author of the work is generally known or can 
be ascertained by reasonable inquiry.    
[Aust. 1968, s. 34]   
 IP/N/1/SGP/C/12 
Page 38  
 
  Ownership of copyright in original works 
30.—(1) This section shall have effect subject to Part X.   
 (2) Subject to this section, the author of a litera ry, dramatic, musical or artistic work shall be 
entitled to any copyright subsisting in the work by virtue of this Part.   
 
(3) The operation of subsection (4), (5) or (6) in re lation to copyright in a particular work may be 
excluded or modified by agreement.    (4) Where a literary, dramatic or artistic work is ma de by the author in pursuance of the terms of his 
employment by the proprietor of a newspaper, ma gazine or similar periodical under a contract of 
service or apprenticeship and is so made for the pur pose of publication in a ne wspaper, magazine or 
similar periodical, the proprietor shall be entitled to any copyright subsisting in the work by virtue of 
this Part insofar as the copyright relates to —   
(a) publication of the work in any newspape r, magazine or similar periodical; or  
 (b) reproduction of the work for the purpose of its being so published,  
 but not otherwise.    
(5) Subject to subsection (4), where —  
 
(a) a person makes, for valuable considerati on, an agreement with another person for the 
taking of a photograph, the painting or drawing of  a portrait or the making of an engraving by 
the other person; and  
 
(b) the work is made in pur suance of the agreement,  
 the first-mentioned person shall be entitled to a ny copyright subsisting in the work by virtue of 
this Part, except that if the work is required for any particular purpose, that purpose shall be 
communicated to that other person and that othe r person shall be entitled to restrain the doing, 
otherwise than for that particular purpose, of an y act comprised in the copyright in the work.   
 (6) Where a literary, dramatic or artistic work to  which subsections (4) and (5) do not apply, or a 
musical work, is made by the author in pursuance of the terms of his employment by another person 
under a contract of service or apprenticeship, that other person shall be entitled to any copyright 
subsisting in the work by virtue of this Part.   
 
[Aust. 1968, s. 35]   
 
 
Division 2 — Infringement of Copyright In Works  
 
 
Infringement by doing acts comprised in copyright 
31.—(1) Subject to the provisions of this Act, the copyright in a literary, dramatic, musical or artistic 
work is infringed by a person who, not being the ow ner of the copyright, and without the licence of 
the owner of the copyright, does in Singapore, or authorises the doing in Singapore of, any act 
comprised in the copyright.     IP/N/1/SGP/C/12 
 Page 39 
 
 
  (2) Sections 32 to 34 shall not affect  the generality of subsection (1).   
 
[Aust. 1968, s. 36]   
 
Infringement by importation for sale or hire 
32.—The copyright in a literary, dramatic, musical or artistic work is infringed by a person who, 
without the licence of the owner of the copyright, imports an article into Singapore for the purpose of 
—   
(a) selling, letting for hire, or by way of trade o ffering or exposing for sale or hire, the article;  
 
(b) distributing the article —  
 
(i) for the purpose of trade; or   
(ii) for any other purpose to an extent that will affect prejudicially the owner of the 
copyright; or  
 
(c) by way of trade exhibiting the article in public,  
 where he knows, or ought reasonably to know, that the making of the article was carried out 
without the consent of the owner of the copyright.   
 
[Aust. 1968, s. 37]   
 
Infringement by sale and other dealings 
33.—(1) The copyright in a literary, dramatic, musica l or artistic work is infringed by a person who, 
in Singapore, and without the licence of the owner of the copyright —   
(a) sells, lets for hire, or by way of trade offers or exposes for sale or hire, an article; or   (b) by way of trade exhibits an article in public,  
 
where he knows, or ought reasonably to know, that the making of the article constituted an 
infringement of the copyright or, in the case of an imported article, the making of the article was carried out without the consent of the owner of the copyright.    
(2) For the purposes of subsection (1), the distribution of any articles —  
 
(a) for the purpose of trade; or   (b) for any other purpose to an extent that a ffects prejudicially the owner of the copyright 
concerned,  
 
shall be taken to be the sale of those articles.    
[Aust. 1968, s. 38]   
 
Infringing copies made on machines installed in libraries and archives 
34.—Where —  
 
(a) a person makes an infringing copy of, or pa rt of, a work or a published edition of a work 
or of 2 or more works on a machine for the making, by reprographic reproduction, of copies IP/N/1/SGP/C/12 
Page 40  
 
  of documents, being a machine installed by or with the approval of the body administering a 
library or archives on the premises of the library  or archives, or outside those premises for the 
convenience of persons using the library or archives; and   (b) there is affixed to, or in close proximity to, the machine, in a place readily visible to 
persons using the machine, a notice of the pr escribed dimensions and in accordance with the 
prescribed form,  
 neither the body administering the library or arch ives nor the officer-in-charge of the library or 
archives shall be taken to have authorised the making of the infringing copy by reason only that the 
copy was made on that machine.   
 
[Aust. 1968, s. 39]   
 
 
Division 3 — Acts not Constituting Infringements of Copyright Works 
 
Fair dealing in relation to works 
35.—(1) Subject to this section, a fair dealing with  a literary, dramatic, musical or artistic work, or 
with an adaptation of a literary, dramatic or musical work, for any purpose other than a purpose 
referred to in section 36 or 37 shall not constitute an  infringement of the copyright in the work.    
 
[52/2004]  
 
(1A) The purposes for which a dealing with a literary, dramatic, musical or artistic work, or with an 
adaptation of a literary, dramatic or musical work , may constitute a fair dealing under subsection (1) 
shall include research and study.    
 
[52/2004]  
 
(2) For the purposes of this Act, the matters to wh ich regard shall be had, in determining whether a 
dealing with a literary, dramatic, musical or artistic work or with an adaptation of a literary, dramatic 
or musical work, being a dealing by way of copying the whole or a part of the work or adaptation, 
constitutes a fair dealing with the work or adapta tion for any purpose other than a purpose referred to 
in section 36 or 37 shall include —   
(a) the purpose and character of the dealing,  including whether such dealing is of a 
commercial nature or is for non-profit educational purposes;  
 (b) the nature of the work or adaptation;   (c) the amount and substantiality of the part c opied taken in relation to the whole work or 
adaptation;  
 
(d) the effect of the dealing upon the potential mark et for, or value of, the work or adaptation; 
and   (e) the possibility of obtaining the work or adap tation within a reasonable time at an ordinary 
commercial price.    
 
[52/2004]  
  IP/N/1/SGP/C/12 
 Page 41 
 
 
  (3) Notwithstanding subsection (2), a dealing with a literary, dramatic or musical work, or with an 
adaptation of such a work, being a dealing by way of the copying, for the purposes of research or 
study —   
(a) if the work or adaptation comprises an article  in a periodical publication, of the whole or a 
part of that work or adaptation; or  
 (b) in any other case, of not more than a reasonable portion of the work or adaptation,  
 shall be taken to be a fair deali ng with that work or adaptation for the purpose of research or study.   
 
[52/2004]  
 
(4) Subsection (3) shall not apply to a dealing by way of the copying of the whole or a part of an article in a periodical publication if another article in  that publication, being an article dealing with a 
different subject-matter, is also copied.   
 
Fair dealing for purpose of criticism or review 
36.—A fair dealing with a literary, dramatic, musica l or artistic work, or with an adaptation of a 
literary, dramatic or musical work, shall not constitute  an infringement of the copyright in the work if 
it is for the purpose of criticism or review, whether of that work or of another work, and a sufficient 
acknowledgment of the work is made.   
 
[Aust. 1968, s. 41]   
 
Fair dealing for purpose of reporting current events 
37.—A fair dealing with a literary, dramatic, musica l or artistic work, or with an adaptation of a 
literary, dramatic or musical work, shall not constitute  an infringement of the copyright in the work if 
it is for the purpose of, or is associated with, the reporting of current events —  
 
(a) in a newspaper, magazine or similar pe riodical and a sufficient acknowledgment of the 
work is made; or  
 
(b) by means of broadcasting or a cable programme service or in a cinematograph film.  
 
[Aust. 1968, s. 42 (1)]   
 
Reproduction for purposes of judicial proceedings or professional advice 
38.—The copyright in a literary, dramatic, musical or  artistic work is not infringed by anything done 
—   
(a) for the purposes of a judicial proceeding or of a report of a judicial proceeding;   
(b) for the purpose of seeking professional a dvice from an advocate and solicitor; or  
 (c) for the purpose of, or in the course of, th e giving of professional advice by an advocate 
and solicitor.  
 [Aust. 1968, s. 43]   
 
Temporary reproduction made in course of communication 
38A. —(1) Subject to subsection (3), the copyright in a work is not infringed by the making of a 
temporary or transient reproduction of the work if —  IP/N/1/SGP/C/12 
Page 42  
 
   
(a) the reproduction is made incidentally as part of the technical process of making or receiving a communication; and   (b) the act of making the communication itself does not constitute an infringement.    
 
[22/2005]  
 
(2) Subject to subsection (3), the copyright in an adaptation of a work is not infringed by the making of a temporary or transient reproduction of the adaptation if —  
 
(a) the reproduction is made incidentally as part of the technical process of making or receiving a communication; and   (b) the act of making the communication itself does not constitute an infringement.    
 
[22/2005]  
 
(3) Subsections (1) and (2) shall not apply to the making of a temporary or transient reproduction of a 
work, or an adaptation of a work, if the reproducti on of the work or adaptation that is communicated 
—  
 
(a) is an infringing copy of the work or adaptation; or   (b) is a reproduction that, if it had been made in Singapore, would have been an infringing 
copy of the work or adaptation.    
 
[22/2005]  
 
(4) Nothing in subsections (1) and (2) shall be c onstrued as authorising any subsequent use of the 
temporary or transient reproduction of the work or adaptation.     
[22/2005]  
 
[Aust. 1968, s. 43A]   
 
Back-up copy of computer program, etc. 
39.—(1) Subject to subsection (2), the copyright in a literary work being a computer program is not 
infringed by the making of a reproduction of the work , or of a computer program being an adaptation 
of the work, if —   
(a) the reproduction is made by, or on behalf of, the owner of the copy (referred to in this 
section as the original copy) from which the reproduction is made; and  
 
(b) the reproduction is made for the purpose only of being used, by or on behalf of the owner 
of the original copy, in lieu of the original co py in the event that the original copy is lost, 
destroyed or rendered unusable.  
 
(2) Subsection (1) shall not apply to the making of a reproduction of a computer program, or of an 
adaptation of a computer program, from an infringing copy of the computer program.    
[6/98]  
  IP/N/1/SGP/C/12 
 Page 43 
 
 
  (3) Notwithstanding section 31, it is not an infringement for the owner of a copy of a computer 
program or of a compilation within the meaning of section 7A in an electronic form to make or authorise the making of another copy or adaptation of that computer program or compilation provided that such a new copy or adaptation is created as an essential step in the utilisation of the computer 
program or compilation in conjunction with a machin e and that it is used in no other manner.    
 
[38/99]  
 
(4) Where an act is permitted under this section —   
(a) it is irrelevant whether or not there exists  any term or condition in an agreement which 
purports to prohibit or restrict the act; and   (b) any such term or condition shall, insofar as it purports to prohibit or restrict the act, be 
void.   
 
[6/98]  
 
(5) For the purposes of this section, a reference to a copy of a computer program or compilation or of an adaptation of a computer program or compil ation is a reference to any article in which the 
computer program, compilation or adaptation is reproduced in a material form.    
 
[38/99]  
 
[Aust. 1968, s. 43A (as amended by Aust. Am. 1984, s. 4)]   
 
Decompilation 
39A. —(1) Subject to subsection (2), the copyright in a literary work, being a computer program 
expressed in a low level language, is not infringed by a lawful user of the computer program decompiling it if —   
(a) it is necessary to decompile the computer program to achieve the objective of obtaining 
the information necessary to create an inde pendent computer program which can be 
operated with the computer program decompiled or with another computer program (referred 
to in this section as the permitted objective); and   (b) the information so obtained is not used for any purpose other than the permitted objective. 
   
 
[52/2004]  
 
(2) Subsection (1) shall not apply if the lawful user —   
(a) has readily available to him the informati on necessary to achieve the permitted objective;  
 (b) does not confine the decompiling to such act s as are necessary to achieve the permitted 
objective;   
(c) supplies the information obtained by the decompiling to any person to whom it is not 
necessary to supply the information in orde r to achieve the permitted objective; or  
 IP/N/1/SGP/C/12 
Page 44  
 
  (d) uses the information —  
 
(i) to create a computer program which is substantially similar in its expression to the computer program decompiled; or   
(ii) to do any act restricted by copyright.   
 
[52/2004]  
 
(3) Where an act is permitted under this section —  
 
(a) it shall be irrelevant whether or not there exists any term or c ondition in an agreement 
which purports to prohibit or restrict the act; and   (b) any such term or condition shall, insofar as it purports to prohibit or restrict the act, be 
void.   
 
[52/2004]  
 
(4) For the avoidance of doubt, this section is w ithout prejudice to the generality of section 35 and 
does not limit the operation of that section.    
 
[52/2004]  
 
(5) For the purposes of this section and sections 39B a nd 39C, a person is a lawful user of a computer 
program if he has a right to use the computer pr ogram, whether under a licence to do any act restricted 
by the copyright in the computer program or otherwise.    
 
[52/2004]  
 
(6) In this section, "decompiling", in relation to a computer program expressed in a low level language, means —  
 
(a) converting the computer program into a ve rsion expressed in a higher level language; or  
 (b) incidentally in the course of so converti ng the computer program, copying the computer 
program,  
 
and "decompile" shall be construed accordingly.     
[52/2004]  
 
Observing, studying and testing of computer programs 
39B. —(1) The copyright in a literary work, being a computer program, is not infringed by a lawful 
user of the computer program observing, studying or testing the functioning of the computer program in order to determine the ideas and principles which underlie any element of the computer program, if 
he does so while performing any of the acts of load ing, displaying, running, transmitting or storing the 
computer program which he is entitled to do.    
 
[52/2004]  
  IP/N/1/SGP/C/12 
 Page 45 
 
 
  (2) Where an act is permitted under this section —  
 
(a) it shall be irrelevant whether or not there exists any term or c ondition in an agreement 
which purports to prohibit or restrict the act; and   
(b) any such term or condition shall, insofar as it purports to prohibit or restrict the act, be 
void.   
 
[52/2004]  
 
(3) For the avoidance of doubt, this section is w ithout prejudice to the generality of section 35 and 
does not limit the operation of that section.     
[52/2004]  
 
Other acts permitted to lawful users 
39C. —(1) Subject to subsection (3), the copyright in  a literary work, being a computer program, is 
not infringed by a lawful user of the computer pr ogram copying or adapting the computer program, if 
such copying or adapting is necess ary for his lawful use.    
 
[52/2004]  
 
(2) For the avoidance of doubt, it may be necessary fo r the lawful use of a computer program to copy 
or adapt the computer program for the purpose of correcting errors in the computer program.     
[52/2004]  
 
(3) Subsection (1) shall not apply to any copying or  adapting permitted under section 39 or 39A.    
 
[52/2004]  
 
Inclusion of works in collections fo r use by educational institutions 
40.—(1) The copyright in a published literary, dramatic , musical or artistic work is not infringed by 
the inclusion of a short extract from the work, or , in the case of a published literary, dramatic or 
musical work, from an adaptation of the work, in a collection of literary, dramatic, musical or artistic 
works contained in a book, sound recording or cinematograph film and intended for use by educational institutions if —  
 
(a) the collection is described in an appropriate  place in the book, on the label of each record 
embodying the recording or of its container, or in the film, as being intended for use by educational institutions;   (b) the work or adaptation was not published fo r the purpose of being used by educational 
institutions; and  
 (c) a sufficient acknowledgment of the work or adaptation is made.  
 (2) Subsection (1) shall not apply in relation to the copyright in a work if, in addition to the 
extract concerned, 2 or more othe r extracts from, or from adaptations of, works (being works in which 
copyright subsists at the time when the collection is published) by the author of the first-mentioned 
work are contained in that collection, or are cont ained in that collection taken together with every 
similar collection, if any, of works intended for use by educational institutions and published by the IP/N/1/SGP/C/12 
Page 46  
 
  same publisher within the period of 5 years i mmediately preceding the publication of the first-
mentioned collection.    
[Aust. 1968, s. 44]   
 
Accessories to imported articles 
40A. —(1) The copyright in a work embodied in an accesso ry to an article is not infringed by a person 
who, without the licence of the owner of the c opyright, imports the article into Singapore for a 
purpose mentioned in section 32 ( a), (b) or ( c) unless the article is an infringing copy.    
 
[14/94]  
 
(2) The operation of this Act in relation to a work em bodied in an article shall not be affected by the 
operation of this section in relation to a work embodied in an accessory to the article.    
 
[14/94]  
 
(3) If an article is imported into Singapore for a purpose mentioned in section 32 ( a), (b) or (c) and the 
importation is not, by reason of this section, an in fringement of the copyright in a work embodied in 
an accessory to the article, the use of the accessory with the article for any such purpose shall not be 
an infringement of the copyright in the work, a nd section 33 shall not apply to the accessory.    
 
[14/94]  
 
 
Division 4 — Acts not Constituting Infringements of Copyright in Literary,  
Dramatic and Musical Works 
 
Reading or recitation in public or for a communication 
41.—The reading or recitation in public, or the inclusion in a communication of a reading or 
recitation, of an extract of reasonable length from  a published literary or dramatic work, or from an 
adaptation of such a work, shall not constitute an infringement of the copyright in the work if a 
sufficient acknowledgment of the work is made.   
 
[52/2004]  
 
[Aust. 1968, s. 45]   
 
Religious performances 
42.—A performance of a literary, dramatic or musical work of a religious nature, or an adaptation of 
such a work, in the course of services at a place of  worship or other religious assembly shall not 
constitute an infringement of the copyright in the work.   Reproduction for purpose of broadcasting 
43.—(1) Where the broadcasting by a person of a lite rary, dramatic or musical work, or of an 
adaptation of such a work, would not (whether by reason of an assignment or a licence or of the operation of a provision of this Act) constitute an infringement of the copyright in the work, but the 
making by the person of a sound recording or a cinema tograph film of the work or adaptation would, 
apart from this subsection, constitute such an in fringement, the copyright in the work is not 
infringed by his making such a recording or film solely for the purpose of the broadcasting of the 
work or adaptation.     IP/N/1/SGP/C/12 
 Page 47 
 
 
  (2) Subsection (1) shall not apply in relation to a recording or film if a record embodying the 
recording or a copy of the film is used for a purpose other than —   
(a) the broadcasting of the work or adaptation in  circumstances that do not (whether by reason 
of an assignment or a licence or of the operati on of a provision of this Act) constitute an 
infringement of the copyright in the work; or  
 (b) the making of further records embodying the r ecording or further copies of the film for the 
purpose of the broadcasting of the work or  adaptation in such circumstances.  
 
(3) Subsection (1) shall not apply in relation to a recording or film where a record embodying the 
recording or a copy of the film is used for the pur pose of the broadcasting of the work or adaptation 
by a person who is not the maker of the recording or  film unless the maker has paid to the owner of 
the copyright in the work such amount as they ag ree or, in default of agreement, has given an 
undertaking in writing to the owner to pay to  him such amount as is determined by a 
Copyright Tribunal, on the application of either of them, to be equitable rem uneration to the owner for 
the making of the recording or film.    
[6/98]  
 
(4) A person who has given an undertaking referred to  in subsection (3) is liable, when a Copyright 
Tribunal has determined the amount to which the unde rtaking relates, to pay that amount to the owner 
of the copyright in the work and the owner may recover that amount in a court of competent jurisdiction from the person as a debt due to the owner.     
[6/98]  
 
(5) Subsection (1) shall not apply in relation to a recording or film unless all the records 
embodying the recording or all the copies of the film  are destroyed or are delivered, with the consent 
of the director of National Archives, to the National Archives of Singapore —   
(a) before the expiration of the period of 6 months  or, in the case of a recording or film made 
by a non-profit organisation solely for its ow n broadcast, 2 years, commencing on the day on 
which any of the records embodying the recording or  any of the copies of the film is first used for broadcasting the work or adaptati on in accordance with that subsection; or  
 (b) before the expiration of such further period, if any, as is agreed between the maker of the 
recording or film and the owner of the copyright in the work.    
 
[6/98]  
 
[Aust. 1968, s. 47]   
 
Reproduction for purpose of simulcasting 
43A. —(1) Subject to subsections (2) and (3), wh ere the broadcasting by a person of a literary, 
dramatic or musical work, or of an adaptation of such a work, would not for any reason constitute an 
infringement of the copyright in the work, but the making by the person of a sound recording or a cinematograph film of the work or adaptation woul d, apart from this subsection, constitute such an 
infringement, the copyright in the work is not infringed by the person making the recording or film 
solely for the purpose of simulcasting the work or adaptation in digital form.     
[52/2004]  
 IP/N/1/SGP/C/12 
Page 48  
 
  (2) Subsection (1) shall not apply in relation to the making of a recording or film if a record 
embodying the recording or a copy of the film is used for a purpose other than —   
(a) the simulcasting of the work or adaptati on in circumstances that do not for any reason 
constitute an infringement of the copyright in the work; or  
 
(b) the making of —  
 
(i) further records embodying the recording; or   
(ii) further copies of the film,  
  for the purpose of simulcasting the work or  adaptation in such circumstances.    
 
[52/2004]  
 
(3) Subsection (1) shall not apply in relation to the making of a recording or film unless all the 
records embodying the recording or all the copies of the film made under that subsection are destroyed before the expiration of the prescribed period.     
[52/2004]  
 
[Aust. 1968, s. 47AA]   
 
 
Division 5 — Copying of Works in Libraries 
 
Interpretation of this Division 
44.—In this Division, a reference to an article cont ained in a periodical publication shall be read as a 
reference to anything (other than an artistic  work) appearing in such a publication.    
 
[6/98]  
 
[Aust. 1968, s. 48]   
 
Copying by libraries and archives for users 
45.—(1) A person may furnish to the officer-in-charge of a library (not being a library that is 
conducted for the profit, direct or indirect, of an i ndividual or individuals) or the officer-in-charge of 
archives —   
(a) a request in writing to be supplied with a c opy of an article, or a part of an article, 
contained in a periodical publication or of the w hole or a part of a published literary, dramatic 
or musical work other than an article contained in a periodical publication; and  
 
(b) a declaration signed by him stating —  
 
(i) that he requires the copy  for the purpose of research or study and will not use it for 
any other purpose; and  
  IP/N/1/SGP/C/12 
 Page 49 
 
 
  (ii) that he has not previously been supplied with a copy of that article or other work, 
or the same part of  the article or other work, as the case may be, by an authorised officer of the library or archives,  or that he has lost, destroyed or damaged 
any such copy previously supplied to him.    
 
[52/2004]  
 
(2) Subject to this section, where a request and decl aration referred to in subsection (1) are furnished 
to the officer-in-charge of a library or archives, an  authorised officer of the library or archives may, 
unless the declaration contains a statement that to his knowledge is untrue in a material 
particular, make, or cause to be made, the copy to which the request relates and supply the copy to the 
person who made the request.    (3) Where a charge is made for making and supplyi ng a copy to which a request under subsection (1) 
relates, subsection (2) shall not a pply in relation to the request if the amount of the charge exceeds the 
cost of making and supplying the copy and a r easonable contribution to the general expenses of 
the library.    (4) Subsection (2) shall not apply in relation to a request for a copy of, or parts of, 2 or more articles contained in the same periodical publicati on unless the articles relate to the same subject-
matter.   
 
(5) Subsection (2) shall not apply to a request for a copy of the whole of a literary, dramatic or 
musical work (other than an article contained in a periodical publication), or to a copy of a part of such a work that contains more than a reasonable portion of the work unless —  
 
(a) the work forms part of the lib rary or archives collection; and  
 (b) before the copy is made, an authorised officer of the library has, after reasonable 
investigation, made a declaration stating that  he is satisfied that a copy (not being a 
secondhand copy) of the work cannot be obtained within a reasonable time at an ordinary commercial price.    
 
[6/98]  
 
(6) The copyright in an article contained in a periodical publication is not infringed by the making, in relation to a request under subsection (1), of a copy of the article, or of a part of the article, in 
accordance with subsection (2) unless the copy is supplied to a person other than the person who 
made the request.    (7) The copyright in a published literary, dramatic or musical work other than an article contained in a 
periodical publication is not infringed by the making, in relation to a request under subsection (1), of a 
copy of the work, or of a part of the work, in  accordance with subsection (2) unless the copy is 
supplied to a person other than the person who made the request.   
 (7A) If an article contained in a periodical publica tion or a published work (other than an article 
contained in a periodical publication) is acquired, in electronic form, as part of the collection of a library or archives, the copyright in the article or published work is not infringed by the officer-in-
charge of the library or archives making it availa ble online within the premises of the library or 
archives in such a manner that users cannot, by using any equipment supplied by the library or 
archives —   
(a) make an electronic copy of the article or work; or  IP/N/1/SGP/C/12 
Page 50  
 
   
(b) communicate the article or work.    
 
[52/2004]  
 
(8) The regulations may exclude the application of s ubsection (6) or (7) in such cases as are specified 
in the regulations.    (9) Subsections (6) and (7) shall not apply to the making, in accord ance with subsection (2), of an 
electronic copy of —  
 
(a) an article, or a part of an article, contained in a periodical publication; or  
 (b) the whole or part of a published work, other than such an article,  
 
in relation to a request under this section for co mmunication to the person who made the request, 
unless —   
(i) before or when the electronic copy is comm unicated to the person, a notice is given to the 
person in accordance with the regulations stating —   
(A) that the electronic copy has been made under this section and that the article or 
work might be subject to copyright protection under this Act; and   (B) such other matters as may be prescribed; and  
 
(ii) as soon as practicable after the electronic copy is communicated to the person, the 
electronic copy made in accordance with subsecti on (2) and held by the library or archives is 
destroyed.    
 
[52/2004]  
 
[Aust. 1968, s. 49]   
 
Copying by libraries or archives for other libraries or archives 
46.—(1) The officer-in-charge of a library may request, or cause another person to request, the 
officer-in-charge of another library to supply the o fficer-in-charge of the first-mentioned library with 
a copy of an article, or a part of an article, contai ned in a periodical publication, or of the whole or a 
part of a published literary, dramatic or musical work  other than an article contained in a periodical 
publication —   
(a) for the purpose of including the copy in th e collection of the first-mentioned library, not 
being in substitution for a subscription to such periodical publication or work or a purchase of 
such work; or  
 (b) for the purpose of supplyin g the copy to a person who has made a request for the copy 
under section 45.  
 
(2) Subject to this section, where a request is made by  or on behalf of the officer-in-charge of a library 
to the officer-in-charge of another library under su bsection (1), an authorised officer of the last-
mentioned library may make, or cause to be made, the copy to which the request relates and supply 
the copy to the officer-in-charge of the first-mentioned library.   
  IP/N/1/SGP/C/12 
 Page 51 
 
 
  (3) Where, under subsection (2), an authorised officer  of a library makes a copy of the whole or a part 
of a work and supplies it to the officer-in-charge of  another library in accordance with a request made 
under subsection (1) —   
(a) the copy shall, for all purposes of this Act, be deemed to have been made on behalf of an 
authorised officer of the other library for th e purpose for which the copy was requested; and  
 (b) an action shall not be brought against the bod y administering that first-mentioned library, 
or against any officer or employee of that library, for infringement of copyright by reason of the making or supplying of that copy.  
 
(4) Subject to this section, where a copy of the whole or a part of an article contained in a periodical publication, or of any other pu blished literary, dramatic or musical work is, by virtue of 
subsection (3), to be deemed to have been made on behalf of an authorised officer of a library, the 
copyright in the article or other work is not infringed by the ma king of the copy.   
 
(5) The regulations may exclude the application of subsection (4) in such case s as are specified in the 
regulations.    (6) Where a charge is made for making and supplyi ng a copy to which a request under subsection (1) 
relates, subsection (4) shall not a pply in relation to the request if the amount of the charge exceeds the 
cost of making and supplying the copy and a r easonable contribution to the general expenses of 
the library.    (7) Subsection (4) shall not apply to or in relation to a copy of the whole or a part of an article or other 
work that is, by virtue of subsection (3), to be de emed to have been made on behalf of an authorised 
officer of a library for a purpose referred to in subsection (1) unless, as soon as practicable after the 
request was made, an authorised officer of the library  made a declaration that set out particulars of the 
request (including the purpose for which th e copy was requested) and stated —  
 
(a) in a case where a copy of the whole or a part of the article or other work had previously been supplied, in accordance with a request under subsection (1), for the purpose of inclusion 
in the collection of the library — that the c opy so supplied had been lost, destroyed or 
damaged, whichever was appropriate; and   (b) in a case where the copy was a copy of the whole of a literary, dramatic or musical work (other than an article contained in a periodical publication) or of a part of such a work that 
contains more than a reasonable portion of th e work — that the copy  was made and supplied 
as part of an inter-library arrangement whic h does not have the effect or the purpose of 
enabling participating libraries to receive copies of the whole works or parts thereof, by way 
of systematic reproduction and supply of copies, in such aggregate quantities as 
substitutes for a subscription to or purchase of such works.  
 
(8) In this section, a reference to a library shall be read as a reference to a library other than a 
library that is conducted for the profit, direct or indirect, of an individual or individuals, and as 
including a reference to archives.    
[Aust. 1968, s. 50]   
 
Copying or communication of unpublished works in libraries or archives 
47.—(1) Where, at a time more than 50 years after the expiration of the calendar year in which the 
author of a literary, dramatic or musical work, or of  an artistic work being a photograph or engraving, IP/N/1/SGP/C/12 
Page 52  
 
  died, and more than 75 years after the time at which,  or the expiration of the period during which, the 
work was made, copyright subsists in the work but —   
(a) the work has not been published; and   
(b) the original version, or a copy, of the work is  kept in the collection of a library or archives 
where it is, subject to any regulations governing that collection, open to public inspection,  
 the copyright in the work is not infringed —   
(i) by the making of a copy, or the communication, of the work by a person for the purpose of 
research or study or with a view to publication; or   (ii) by the making of a copy, or the communication, of the work by or on behalf of the officer-in-charge of that library or archives, if the copy or work is supplied (whether by 
communication or otherwise) to a person who satis fies the officer-in-charge of that library or 
archives that he requires the copy or work for the purpose of research or study or with a view 
to publication and that he will not use it for any other purpose.    
 
[38/99;52/2004]  
 
(2) Where the original version, or a copy, of a thesi s or other similar literary work that has not been 
published is kept in a library of a university or othe r similar institution or in archives, the copyright in 
the thesis or other work is not infringed by the ma king of a copy, or the communication, of the thesis 
or other work by or on behalf of the officer-in-char ge of the library or archiv es, if the copy, thesis or 
other work is supplied (whether by communicati on or otherwise) to a person who satisfies an 
authorised officer of the library or archives that he requires the copy, thesis or other work for the 
purpose of research or study.    
[38/99;52/2004]  
 
[Aust. 1968, s. 51]   
 
Copying of works for preservation and other purposes 
48.—(1) Subject to subsection (4), the copyright in a wo rk that forms, or formed, part of the collection 
of a library or archives is not infringed by the making, by or on behalf of the officer-in-charge of the library or archives, of a copy of the work —  
 
(a) if the work is the original version of  the work — for the purpose of preserving the 
original version against loss or de terioration or for the purpose of research that is being, or is 
to be, carried out at the library or archives in wh ich the work is held or at another library or 
other archives;   
(b) if the work is held in the collection in a published form but has been damaged or has 
deteriorated — for the purpose of replacing the work; or   (c) if the work has been held in  the collection in a published form  but has been lost or stolen 
— for the purpose of replacing the work.    
 
[38/99]  
  IP/N/1/SGP/C/12 
 Page 53 
 
 
  (2) The copyright in a work that is  held in the collection of a library or archives is not infringed by 
the making, by or on behalf of the officer-in-charge  of the library or archives, for a purpose other than 
a purpose for which a copy may be made under subsection (1), of a single copy of the work so held.   
 
[38/99]  
 
(3) Subsection (1) shall not apply in relation to a wo rk held in published form in the collection of 
a library or archives unless an authorised officer of the library or archives has, after reasonable 
investigation, made a declaration stating that he is satisfied that a copy (not being a secondhand copy) 
of the work cannot be obtained within a reasona ble time at an ordinary commercial price.   
 
(4) Where a copy of an unpublished work is made unde r subsection (1) by or on behalf of the officer-
in-charge of a library or archives for the purpose of r esearch that is being, or is to be, carried out at 
another library or archives, the supply of the copy by or on behalf of the officer to the other library or 
archives does not, for any purpose of this Act,  constitute publication of the work.    
 
[38/99]  
 
[Aust. 1968, s. 51A]   
 
Publication of unpublished works kept in libraries 
49.—(1) Where —  
 
(a) a published literary, dramatic or musical work  (referred to in this section as the new work) 
incorporates the whole or a part of a work (re ferred to in this section as the old work) to 
which section 47 (1) applied immediately before the new work was published;  
 
(b) before the new work was published, the pr escribed notice of the intended publication of 
the work had been given; and   (c) immediately before the new work was pub lished, the identity of the owner of the 
copyright in the old work was not known to the publisher of the new work,  
 
then, for the purposes of this Act, the first pub lication of the new work, and any subsequent 
publication of the new work whether in the same or in  an altered form, shall, insofar as it constitutes a 
publication of the old work, be deemed not to be an  infringement of the copyright in the old work or 
an unauthorised publication of the old work.   
 
(2) Subsection (1) shall not apply to a subsequent publication of the new work incorporating a part 
of the old work that was not included in the first publication of the new work unless —   
(a) section 47 (1) would, but for this section, ha ve applied to that part of the old work 
immediately before that subsequent publication;  
 
(b) before that subsequent publication, the prescribed notice of the intended publication had 
been given; and   (c) immediately before that subsequent publica tion, the identity of the owner of the copyright 
in the old work was not known to the publisher of that subsequent publication.  
 (3) Where a work, or part of a work, has been publishe d and, by virtue of this section, the publication 
is to be deemed not to be an infringement of the copyright in the work, the copyright in the work is 
not infringed by a person who, after that publication took place, broadcasts the work or that part of the IP/N/1/SGP/C/12 
Page 54  
 
  work, as the case may be, or incl udes it in a cable programme or performs it in public, or makes a 
record of it.    
[Aust. 1968, s. 52]   
 
Application of Division to illustrations accompanying articles and other works 
50.—Where an article, thesis or literary, dramatic or musical work is accompanied by artistic works 
provided for the purpose of explaining or illustrating the article, thesis or other work (referred to in 
this section as the illustrations), the provisions of this Division shall apply as if —   
(a) where any of those sections provides that the copyright in the article, thesis or work is not 
infringed — the reference to that copyright in cluded a reference to any copyright in the 
illustrations;   (b) a reference in section 45, 46, 47 or 48 to a copy of the article, thesis or work included a 
reference to a copy of the article, thesis or wo rk together with a copy of the illustrations;  
 (c) a reference in section 45 or 46 to a copy of a part of the article or work included a reference to a copy of that part of the article or work together with a copy of the illustrations 
that were provided for the purpose of expl aining or illustrating that part; and  
 
(d) a reference in section 48 or 49 to the doing of any act in relation to the work included a 
reference to the doing of that act in relation to the work together with the illustrations.  
 
[Aust. 1968, s. 53]   
  
Division 6 — Copying of Works for Educational Purposes 
 
Copying by non-reprographic means fo r purpose of a course of education 
50A. —(1) Copyright in a work is not infringed by it s being copied for the purposes of a course of 
education, provided the copying —  
 
(a) is done by a person conducting or unde rgoing the course of education; and  
 (b) is not by means of a reprographic process.    
 
[6/98]  
 
(2) In this section —   
"electronic" means actuated by electric, magnetic, electro-magnetic, electro-chemical or electro-mechanical energy;  
 
"facsimile copy" includes a copy that is  reduced or enlarged in scale;  
 "in electronic form" means in a form usable only by electronic means;   
"reprographic process" means a process —    
 
(a) for making facsimile copies; or   (b) involving the use of an appliance for making multiple copies,   IP/N/1/SGP/C/12 
 Page 55 
 
 
   
and includes, in relation to a work held in el ectronic form, any copying by electronic means, 
but does not include the making of a cinematograph film or sound recording.   
 
[6/98]  
 
[UK CPD 1988, s. 32]]   
 
Multiple copying or communication of insubstantial portions of works 
51.—(1) Copyright in a literary or dramatic work is not infringed by the making of one or more copies 
of a part of the work in an edition of the work by any person if the copying is carried out on the 
premises of an educational institution for the pur poses of a course of education provided by the 
institution.     
[38/99;52/2004]  
 
(1A) Copyright in a literary or dramatic work is not infringed by the communication of a part of the work in an edition of the work by any person if the communication is initiated from the premises of an 
educational institution for the purposes of a course of education provided by the institution.    
 
[52/2004]  
 
(2) Subsection (1) shall not apply to the making of  a copy of, and subsection (1A) shall not apply 
to the communication of, the whole of a work.     
[38/99;52/2004]  
 
(3) Subsection (1) shall not apply to the making of  a copy of, and subsection (1A) shall not apply 
to the communication of, more than 5 of the pag es of a work in an edition of the work unless —  
 
(a) there are more than 500 pages in the edition; and   
(b) the total number of pages so copied does not  exceed 5% of the total number of pages in 
the edition.    
 
[38/99;52/2004]  
 
(4) Subsection (1) shall not apply to the making of  a copy, and subsection (1A) shall not apply to 
the communication, of a part of a work in an edition of the work, being an edition stored on any 
medium by electronic means and not divided into pag es, if the part copied or communicated exceeds, 
in the aggregate —   
(a) 5% of the total number of bytes in the edition; and  
 
(b) 5% of the total number of words in that  edition or, where it is not practicable to use 
the total number of words as a measure, 5% of the contents of the edition.    
 
[52/2004]  
 
(5) Where —   
(a) a person makes or causes to be made a copy of a part of a work; and   IP/N/1/SGP/C/12 
Page 56  
 
  (b) subsection (1) applies to the making of that copy,  
 that subsection shall not apply to the making, by or on behalf of that person, of a copy of any other 
part of that work within 14 days after th e day on which the previous copy was made.    
 
[38/99]  
 
(5A) Where —   
(a) a person communicates or causes to be communicated a part of a work; and  
 
(b) subsection (1A) applies to that communication,  
 that subsection shall not apply to the communication, by  or on behalf of that person, of any other part 
of that work within 14 days after the day on which the previous communication was made.    
 
[52/2004]  
 
(6) In this section —   
(a) a reference to an edition of a work includes a reference to an edition of works that include 
that work; and  
 (b) a reference to the making of a copy of a part  of a work on the premises of an educational 
institution for the purposes of a course of e ducation provided by the institution includes a 
reference to the making of a copy of that part of the work in an electronic form on a network 
operated or controlled by the educational institution concerned to enable persons 
undertaking a course of education provided by th e educational institution to access the work.    
 
[38/99]  
 
[Aust. 1968, s. 135ZG]   
 
Multiple copying or communication under stat utory licence by educational institutions 
52.—(1) Subject to this section, the copyright in an article contained in a periodical publication is not 
infringed by the making of copies, or the communication, of the whole or a part of that article, by or on behalf of the body administering an educational institution for the educational purposes of that or 
another educational institution.    
 
[6/98;52/2004]  
 
(2) Subject to this section, the copyright in a work, other than an article in a periodical publication, is 
not infringed by the making of copies, or the communication, of the whole or a part of that work, by 
or on behalf of the body administering an edu cational institution for th e educational purposes of 
that or another educational institution.     
[6/98;52/2004]  
 
(3) (Deleted by Act 6/98 )   
 (4) Subsection (1) shall not apply in relation to copies of, or of parts of, 2 or more articles contained in 
the same periodical publication unless the articles relate to the same subject-matter.     IP/N/1/SGP/C/12 
 Page 57 
 
 
  (5) Subsection (2) shall not apply in relation to c opies of, or of more than a reasonable portion of, a 
work that has been separately published unless the person who makes the copies, or causes the copies 
to be made, for or on behalf of the body administ ering the educational institu tion, is satisfied, after 
reasonable investigation, that copies (not bein g secondhand copies) of the work cannot be obtained 
within a reasonable time at an ordinary commercial price.   
 
(6) Subsection (1) shall not apply to copies of the whole or a part of an article contained in a 
periodical publication, being copies made, by or on  behalf of the body administering an educational 
institution, for the educational purposes of an educa tional institution, unless there is made, by or on 
behalf of that body, as soon as practicable after th e making of those copies, a record of the copying 
setting out such particulars as may be prescribed by the regulations.    
 
[6/98]  
 
(7) Subsection (2) shall not apply to copies of the whole or a part of a work (not being an article 
contained in a periodical publication), being copies made, by or on behalf of the body administering 
an educational institution, for th e educational purposes of an educational institution, unless there is 
made, by or on behalf of that bod y, as soon as practicable after the making of those copies, a record of 
the copying setting out such particulars as ma y be prescribed by the regulations.    
 
[6/98]  
 
(7A) Subsection (1) shall not apply in relation to the communication of, or of parts of, 2 or more 
articles contained in the same periodical publication,  unless the articles relate to the same subject-
matter.     
[52/2004]  
 
(7B) Subsection (2) shall not apply in relation to the communication of, or of more than a reasonable 
portion of, a work that has been separately pub lished, unless the person who communicates the work 
or portion, or causes the work or portion to be  communicated, for or on behalf of the body 
administering the educational institution, is satisfied , after reasonable investigation, that copies (not 
being secondhand copies) of the work cannot be obtai ned within a reasonable time at an ordinary 
commercial price.    
[52/2004]  
 
(7C) Subsection (1) shall not apply to the communication of the whole or a part of an article 
contained in a periodical publication by or on be half of the body administering an educational 
institution, for the educational purposes of an educa tional institution, unless there is made, by or on 
behalf of that body, as soon as practicable afte r the communication, a record of the communication 
setting out such particulars as may be prescribed by the regulations.    
 
[52/2004]  
 
(7D) Subsection (2) shall not apply to the communication 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 
educational institution, for the educational purposes of  an educational institution, unless there is made, 
by or on behalf of that body, as soon as practicable after the communication, a record of the 
communication setting out such particulars as may be prescribed by the regulations.    
 
[52/2004]  
 IP/N/1/SGP/C/12 
Page 58  
 
  (8) For the purposes of subsections (6), (7), (7C) a nd (7D), a record of the copying or communication, 
as the case may be, of a work or a part of a work —   
(a) shall be kept in writing or in any othe r manner prescribed by the regulations; and  
 
(b) if it is kept in writing, shall be in  accordance with the prescribed form.    
 
[22/2005]  
 
(9) Where copies of, or of part of, a work consisti ng of an article in a periodical publication made, as 
provided in subsection (1), by or on behalf of th e body administering an educational institution for the 
educational purposes of an educational institution ar e made for distribution to persons undertaking a 
correspondence course, or an external study cour se, provided by the educational institution for the 
educational purposes of which those copies are made , otherwise than as a part of the lecture notes 
prepared in connection with that course, the reco rd made in relation to them in accordance with 
subsection (6) may state that they are copi es to which this subsection applies.    
 
[6/98]  
 
(10) Where copies of, or of part of, a work, other than an article in a periodical publication, made as provided in subsection (2) by or on behalf of th e body administering an educational institution for 
the educational purposes of an educational institution —  
 
(a) are made for distribution to persons undert aking a correspondence course, or an external 
study course, provided by the e ducational institution for the educational purposes of which 
those copies are made, otherwise than as a part  of the lecture notes prepared in connection 
with that course; and  
 (b) do not contain more than a reasonable portion of the work,  
 the record made in relation to them in accordance wi th subsection (7) may state that they are copies to 
which this subsection applies.    
 
[6/98;52/2004]  
 
(11) Where copies of the whole or a part of a work, not being copies stated in the record to be copies 
to which subsection (9) or (10) applies, are made  by or on behalf of the body administering an 
educational institution and, by virtue of this section, the making of those copies does not infringe 
copyright in the work, that body shall, if the owne r of the copyright in the work makes a request, in 
writing, at any time during the prescribed period after the making of the copies, for payment for the making of the copies, pay to the owner such an amount by way of equitable remuneration for the 
making of those copies as is agreed upon between the ow ner and the body or,  in default of agreement, 
such amount as is determined by a Copyright Tribun al on the application of either the owner or the 
body.   
 (11A) Where the whole or a part of a work consis ting of an article in a periodical publication is 
communicated as provided in subsection (1) —   
(a) by or on behalf of the body administering an educational institution for the educational 
purposes of an educational institution; and    IP/N/1/SGP/C/12 
 Page 59 
 
 
  (b) to persons undertaking a correspondence course,  or an external study course, provided by 
the educational institution, otherwise than as a pa rt of the lecture notes prepared in connection 
with that course,  
 the record made in relation to the communication in  accordance with subsection (7C) may state that it 
is a communication to which this subsection applies.    
 
[52/2004]  
 
(11B) Where —  
 
(a) the whole or a part of a work, other than  an article in a periodical publication, is 
communicated as provided in subsection (2) —  
 
(i) by or on behalf of the body administering an educational institution for the 
educational purposes of an e ducational institution; and  
 (ii) to persons undertaking a correspondence course, or an external study course, provided by the educational institution, otherwise than as a part of the lecture notes prepared in connection with that course; and  
 
(b) the communication does not contain more than a reasonable portion of the work,  
 the record made in relation to the communication in  accordance with subsection (7D) may state that it 
is a communication to which this subsection applies.     
[52/2004]  
 
(11C) Where —   
(a) the whole or a part of a work is communicated by or on behalf of the body administering an educational institution;  
 
(b) the communication is not a communication to which subsection (11A) or (11B) applies; and   (c) by virtue of this section, the communication does not infringe copyright in the work,  
 
that body shall, if the owner of the copyright in the work makes a request in writing, at any time during the prescribed period after the communication,  for payment for the communication, pay to the 
owner such an amount by way of equitable re muneration for the communication as is agreed upon 
between the owner and the body or, in default of ag reement, as is determined by a Copyright Tribunal 
on the application of either the owner or the body.    
 
[52/2004]  
 
(12) Where a Copyright Tribunal has determined th e amount of equitable remuneration payable to the 
owner of copyright in a work by the body administer ing an educational institution in relation to copies 
of the whole or a part of that work that have b een made, or the communication of the whole or a part 
of that work, by or on behalf of that body in reliance on this section, the owner may recover that 
amount from the body in a court of competent jurisdiction as a debt due to him.    
[52/2004]  IP/N/1/SGP/C/12 
Page 60  
 
   
(13) Nothing in this section shall affect the right of the owner of copyright in a work to grant a 
licence authorising the body administer ing an educational institution —  
 
(a) to make, or cause to be made, copies of the whole or a part of the work; or  
 
(b) to communicate, or cause to be communica ted, the whole or a part of the work,  
 without infringement of that copyright.    
[52/2004]  
 
(14) For the purposes of this section, a reference to  the making of copies of the whole or a part of 
an article contained in a periodical publication, or of a work, for the educational purposes of an 
educational institution includes the making of a copy of the whole of the article or work, or that 
part of the article or work, in an electronic form on a network operated or cont rolled by that or another 
educational institution to enable persons undertaki ng a course of education provided by that or 
another educational institution to access the article or wo rk, or that part of the article or work.    
 
[38/99]  
 
(15) For the purposes of this section, a reference to the communication of the whole or a part of an 
article contained in a periodical publication, or  of a work, for the educational purposes of an 
educational institution includes the communication of the whole of the article or work, or that part of 
the article or work, in an electronic form on a ne twork operated or controlled by that or another 
educational institution to enable persons undertak ing 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.   
 
[52/2004]  
 
Things done for purposes of examination 
52A. —The copyright in a work is not infringed by an ything done for the purposes of an examination, 
whether by way of setting the questions, communicati ng the questions to the candidates or answering 
the questions.     
[6/98]  
 
Application of Division to illustrations accompanying articles and other works 
53.—Where an article or other literary, dramatic or musical work is accompanied by an artistic work 
or artistic works provided for the purpose of explaini ng or illustrating the article or other work, the 
provisions of this Division shall apply as if —   
(a) where any of those sections provides that the copyright in the article or other work is not 
infringed — the reference to that copyright incl uded a reference to any copyright in that 
artistic work or those artistic works;   (b) a reference in section 51 or 52 to a copy of an article or other work included a reference to a copy of the article or other work together with  a copy of that artistic work or those artistic 
works;  
 (c) a reference in section 51 or 52 to a copy of a part of an article or other work included a 
reference to a copy of that part of the article or  other work together with a copy of the artistic 
work or artistic works provided for the pur pose of explaining or illustrating that part;   IP/N/1/SGP/C/12 
 Page 61 
 
 
   
(d) a reference in section 51 to a copy of a page  of a literary, dramatic or musical work in an 
edition of the work or of works that include the work included a reference to a copy of a page 
in such an edition that contained that work and  an artistic work or artistic works provided for 
the purpose of explaining or illustrating that part of that work; and  
 
(e) a reference in section 51 to a copy of pages of a literary, dramatic or musical work in an 
edition of that work or of works that include th at work included a reference to a copy of pages 
in such an edition that contained a part of that   work and an artistic work or artistic works 
provided for the purpose of explaining or illustrating that part of that work.  
 
[Aust. 1968, s. 135ZM]   
 
 
Division 7 — Copying of Works in Institutions Assisting Handicapped Readers and 
Institutions Assisting Intellectually Handicapped Readers  
 
Multiple copying under statutory licence by in stitutions assisting handicapped readers 
54.—(1) The copyright in a literary or dramatic work  that has been published is not infringed by the 
making, by or on behalf of the body administeri ng an institution assisting handicapped readers, of a 
record embodying a sound recording of the work or of a part of the work, for use by a handicapped 
reader for the purpose of research or study that he is undertaking or proposes to undertake, or for the 
purpose of otherwise instructing himself on any matter.     
[52/2004]  
 
(2) The copyright in a literary or dramatic work that has been published is not infringed by the 
making, by or on behalf of the body administeri ng an institution assisting handicapped readers, of a 
Braille version, a large-print version or a photogra phic version, of the work or of a part of the 
work, for use by a handicapped reader for the purpose of research or study that he is undertaking or 
proposes to undertake, or for the purpose of othe rwise instructing himself on any matter.    
 
[52/2004]  
 
(3) Where a sound recording of a work has been published, subsection (1) shall not apply to the 
making of any record embodying a sound recording of th e work (including a record that is a copy of 
that first-mentioned sound recording) for or on behalf of the body administering an institution 
assisting handicapped readers unless the person who make s that record, or causes that record to be 
made, is satisfied, after reasonable investigation,  that no new record that embodies only a sound 
recording of the work can be obtained within a r easonable time at an ordinary commercial price.   
 (4) Where a Braille version of a work has been se parately published, subsection (2) shall not apply 
to the making of a Braille version of the work, or of a part of the work, unless the person who makes 
that version, or causes that version to be made , for or on behalf of the body administering an 
institution assisting handicapped readers is satisfied, after reasonable investigation, that no new copy 
of a Braille version of the work, being a version th at has been separately published, can be obtained 
within a reasonable time at an ordinary commercial price.    
(5) Where a large-print version of a work has been separately publishe d, subsection (2) shall not apply 
to the making of a large-print version of the work, or of a part of the work, unless the person who makes the version, or causes that version to be ma de, for or on behalf of the body administering an 
institution assisting handicapped readers is satisfied, after reasonable investigation, that no new copy IP/N/1/SGP/C/12 
Page 62  
 
  of a large-print version of the work, being a ve rsion that has been separately published, can be 
obtained within a reasonable time at an ordinary commercial price.    (6) Where a photographic version of a work has b een separately published, subsection (2) shall not 
apply to the making of a photographic version of the work, or of a part of the work, unless the person 
who makes the version, or causes that versi on to be made, for or on behalf of the body 
administering an institution assisting handicapped reader s is satisfied, after reasonable investigation, 
that no new copy of a photographic version of the work, being a version that has been separately published, can be obtained within a reasonable time at an ordinary commercial price.    
(7) Subsections (1) and (2) shall not apply to the reproduction of the whole or a part of an article 
contained in a periodical publication by way of the making, by or on behalf of the body administering 
an institution assisting handicapped readers, of a ha ndicapped reader’s copy of the article or of 
that part of the article unless there is made, by or  on behalf of that body, as soon as practicable after 
the making of that copy, a record of the copying setting out such particulars as may be prescribed by 
the regulations.   
 (8) Subsections (1) and (2) shall not apply to th e reproduction of the whole or a part of a work 
(not being an article contained in a periodical publi cation) by way of the making, by or on behalf of 
the body administering an institution assisting handica pped readers, of a handicapped reader’s copy of 
the work or of that part of the work unless there is made, by or on behalf of that body, as soon as 
practicable after the making of that copy, a record  of the copying setting out such particulars as may 
be prescribed by the regulations.    (9) For the purposes of subsections (7 ) and (8), a record of the copying of a work or a part of a work 
—  
 
(a) shall be kept in writing or in any othe r manner prescribed by the regulations; and  
 (b) if it is kept in writing, shall be in accordance with the prescribed form.  
 (10) Where a handicapped reader’s copy of the whole or a part of a work is made by or on behalf of 
the body administering an institution assisting handicappe d readers and, by virtue of this section, the 
making of that copy does not infringe copyright in the work, that body shall, if the owner of the copyright in the work makes a request, in writing, at any time during the prescribed period after the 
making of the copy, for payment for the making of th e copy, pay to the owner such an amount by way 
of equitable remuneration for the making of that copy as is agreed upon between the owner and the 
body, or, in default of agreement, such amount as  is determined by a Copyright Tribunal on the 
application of either the owner or the body.    (11) Where a Copyright Tribunal has determined th e amount of equitable remuneration payable to the 
owner of copyright in a work by the body admi nistering an institution assisting handicapped readers 
in relation to a handicapped reader’s c opy of the whole or a part of that  work that has been made by or 
on behalf of that body in reliance on this section, the owner may recover that amount from the body in 
a court of competent jurisdiction as a debt due to him.    (12) Notwithstanding any other provision of this Act, copyright shall not vest in the maker of the handicapped reader’s copy by reason of his making that copy.   
 
(13) Nothing in this section shall affect the right of the owner of copyright in a work to grant a licence 
authorising the body administering an institution assi sting handicapped readers to make, or cause to 
be made, sound recordings of, or Braille, large-prin t or photographic versions of, the whole or a part 
of the work without infringement of that copyright.    IP/N/1/SGP/C/12 
 Page 63 
 
 
   
(14) For the purposes of this section, a record, or  a Braille version, a large-print version or a 
photographic version, of a work shall be taken to be a new record, or a new Braille version, a new 
large-print version or a new photographic version, of the work, as the case may be, if it is not a 
secondhand record, or a secondhand Braille version,  a secondhand large-print version or a secondhand 
photographic version, of the work, as the case may be.   
 (15) In this section, a reference to a photographic versi on of a work or a part of a work shall be read as 
a reference to a copy or copies of the work or a pa rt of a work produced as a film-strip or series of 
separate transparencies designed to meet the needs of handicapped readers.   
 
Multiple copying under statutory licence by inst itutions assisting intellectually handicapped 
readers 
54A. —(1) The copyright in a work that has been published is not infringed by the making, by or on 
behalf of the body administering an institution assis ting intellectually handicapped readers, of a copy 
of the whole or a part of the work, for use in the pr ovision, whether by the institution or otherwise, of 
assistance to intellectually handicapped readers.     
[6/98]  
 
(2) Subsection (1) shall not apply to the making of any copy of a work, being a work that has been 
separately published in a form that would be suitabl e for use in the provision of the assistance referred 
to in that subsection, unless the person who makes the copy, or causes that copy to be made, for or on 
behalf of the body administering an institution assis ting intellectually handicapped readers is satisfied, 
after reasonable investigation, that no new copy of the work in a form suitable for use in the 
provision of that assistance can be obtained within a reasonable time at an ordinary commercial price. 
   
 
[6/98]  
 
(3) For the purposes of subsection (2),  a copy shall be taken to be new if it is not secondhand.    
 
[6/98]  
 
(4) Subsection (1) shall not apply to the reproduction of the whole or a part of an article contained in a 
periodical publication by way of the making, by or  on behalf of the body administering an institution 
assisting intellectually handicapped readers, of an  intellectually handicapped reader’s copy of the 
article or of that part of the article unless there is made, by or on behalf of that body, as soon as 
practicable after the making of that copy, a record  of the copying setting out such particulars as may 
be prescribed by regulations.     
[6/98]  
 
(5) Subsection (1) shall not apply to the reproduction of the whole or a part of a work (not being 
an article contained in a periodical publication) by  way of the making, by or on behalf of the body 
administering an institution assisting intellectually handicapped readers, of an intellectually handicapped reader’s copy of the work or of that part of the work unless there is made, by or on 
behalf of that body, as soon as practicable after th e making of that copy, a record of the copying 
setting out such particulars as may be  prescribed by regulations.    
 
[6/98]  
 IP/N/1/SGP/C/12 
Page 64  
 
  (6) For the purposes of subsections (4 ) and (5), a record of the copying of a work or a part of a work 
—   
(a) shall be kept in writing or in any ot her manner prescribed by regulations; and  
 
(b) if it is kept in writing, shall be in  accordance with the prescribed form.    
 
[6/98]  
 
(7) Where an intellectually handicapped reader’s copy of  the whole or a part of a work is made by or 
on behalf of the body administering an institution assisting intellectually handicapped readers and, by 
virtue of this section, the making of that copy does not infringe copyright in the work, that body shall, if the owner of the copyright in the work makes a request, in writing, at any time during the prescribed 
period after the making of the copy, for payment for the making of the copy, pay to the owner such an 
amount by way of equitable remuneration for the ma king of that copy as is agreed upon between the 
owner and the body, or, in default of agreement,  such amount as is determined by a Copyright 
Tribunal on the application of either the owner or the body.     
[6/98]  
 
(8) Where a Copyright Tribunal has determined the amount of equitable remuneration payable to the 
owner of the copyright in a work by the body administering an institution assisting handicapped 
readers in relation to an intellectually handicapped read er’s copy of the whole or a part of that work 
that has been made by or on behalf of that body in  reliance on this section, the owner may recover that 
amount from the body in a court of competent jurisdiction as a debt due to him.     
[6/98]  
 
(9) Notwithstanding any other provision of this Act, copyright shall not vest in the maker of the intellectually handicapped reader’s copy by reason of his making that copy.    
[6/98]  
 
(10) Nothing in this section shall affect the right of  the owner of the copyrigh t in a work to grant a 
licence authorising the body administering an ins titution assisting intellectually handicapped readers 
to make, or cause to be made, copies of the whole or  a part of the work without infringement of that 
copyright.   
 
[6/98]  
 
 
Division 8 — Recording of Musical Works 
 
Interpretation of this Division 
55.—(1) In this Division —  
 
(a) a reference to a musical work shall be read as  a reference to the work in its original form 
or to an adaptation of the work;  
 
(b) a reference to the owner of the copyright in  a literary, dramatic or musical work shall, 
unless the contrary intention appears, be read as a reference to the person who is entitled to 
authorise the making in, and the importation into, Singapore of records of the works; and    IP/N/1/SGP/C/12 
 Page 65 
 
 
  (c) a reference to sale of a record by retail or to retail sale of a record shall be read as not 
including a reference to —  
 
(i) sale for a consideration not consisting wholly of money; or   
(ii) sale by a person not ordinarily carry ing on the business of  making or selling 
records.  
 (2) In this Division, where a musical work is comp rised partly in one record and partly in another 
record or other records, all the records shall be  treated as if they constituted a single record.   
 
(3) A reference in this Division to a record of a musical work does not include a reference to a sound-
track associated with visual images forming part of a cinematograph film.    
[Aust. 1968, s. 54]   
 
Conditions upon which manufacturer may make records of musical work 
56.—(1) Subject to this Division, the copyright in a musical work is not infringed by a person 
(referred to in this section as the manufacturer) who makes a record of the work or an adaptation 
thereof in Singapore, if —   
(a) records of the work, or, as the case may be , of a similar adaptation of the work, have 
previously been made in, or imported into, Si ngapore for the purposes of retail sale, and were 
so made or imported by, or with the licence of , the owner of the copyright in the work;  
 (b) before the making of the record, the manufact urer gave to the owner of the copyright the 
prescribed notice of his intention to make it;  
 (c) the manufacturer intends to sell the record by retail, or to supply it for the purpose of its 
being sold by retail by another person, or inte nds to use it for making other records which are 
to be so sold or supplied; and   
(d) in the case of a record which is sold by re tail or supplied for the purpose of its being sold 
by retail by another person, the manufacturer pays to the owner of the copyright, in the 
prescribed manner and at the prescribed time, a royalty of  an amount ascertained in accordance with the provisions of this Division.    
 
[6/98]  
 
(2) Subsection (1) shall not apply in relation to a r ecord of an adaptation of a musical work if the 
adaptation debases the work.    (3) Without limiting the generality of subsection (1) ( d), the regulations made for the purposes of that 
subsection may provide —  
 
(a) that payment of the royalties in respect of records, or of an amount, ascertained in 
accordance with the regulations, in respect of the royalties in respect of records, is, or is in 
such classes of cases as are specified in those regul ations,  to be made before the records are 
sold or supplied by the manufacturer; and  
 (b) that the doing of such acts as are specified  in those regulations, being such acts as the 
Minister considers convenient for ensuring the r eceipt by the owner of the copyright of the 
royalties in respect of records or, if the owner of the copyright cannot be found by reasonable IP/N/1/SGP/C/12 
Page 66  
 
  inquiry, as the Minister considers reasonable in the circumstances, is to be deemed to 
constitute payment of the royalties.  
 
[Aust. 1968, s. 55]   
 
Amount of royalty 
57.—(1) Subject to this Division, the royalty payable in respect of a record is 5% of the retail selling 
price of the record, which shall be determined in the manner prescribed by the regulations.   
 (2) If the royalty payable in respect of a record unde r this section includes a fraction of a cent that is 
less than or more than one-half of a cent —  
 
(a) where that fraction is less than one-half of a cent — that fraction shall be treated as one-half of a cent; and   
(b) where that fraction is more than one-half of a cent — that fraction shall be treated as a 
whole cent.  
 (3) If, apart from this subsection, the royalty pa yable in respect of a record under this section 
would be less than one cent, that royalty shall be one cent.    Provisions relating to royalty where 2 or more works are on the one record 
58.—Where a record comprises 2 or more musical wo rks, whether or not there is any other matter 
comprised in the record —   
(a) if the record includes a work in which copyright does not subsist or works in which 
copyrights do not subsist —  the royalty payabl e in respect of the record is, subject to 
paragraph ( b), the amount that bears to the amount that, but for this section, would be the 
amount of the royalty the same proportion as the number of works in the record in which copyrights subsist bears to the total number of works in the record; and  
 (b) if the record includes 2 or more works in which copyrights subsist —  
 
(i) subject to this Division, the royalty paya ble in respect of the record shall not be 
less than one cent in respect of each wo rk in the record in which copyright 
subsists; and   
(ii) if the owners of the copyrights in the works in the record  in which copyrights 
subsist are different persons — there shall be  paid to the owner of the copyright in 
each work, in respect of that work, an am ount ascertained by dividing the amount of 
the royalty payable in respect of the record by the number of work s in the record in 
which copyrights subsist.  
 [Aust. 1968, s. 57]   
 
Revision of royalty and minimum royalty 
59.—(1) If at any time after 10th April 1988 it appears to the Minister charged with the responsibility 
for trade and industry that the royalty, or the mi nimum royalty, payable in respect of records 
generally or in respect of records included in a pa rticular class of records is not equitable, he may 
request a Copyright Tribunal to hold an inquiry into  the matter and report the result of its inquiry  to 
him.     IP/N/1/SGP/C/12 
 Page 67 
 
 
  (2) At any time after a Copyright Tribunal has made a report in relation to the royalty, or the 
minimum royalty, payable in respect of records ge nerally or in respect of records included in a 
particular class of records, the regulations may prov ide that the relevant provision of this Act, in its 
application in respect of records generally or in r espect of records included in that class of records, as 
the case may be, shall have effect as if it were s ubject to such variations as are provided by the 
regulations, being such variations as the Minister thinks equitable.   
 (3) Where a Copyright Tribunal has made a report in relation to the royalty, or the minimum royalty, 
payable in respect of records included in a particul ar class of records (whether the report related only 
to records included in that class or also related to other records), the Minister charged with the 
responsibility for trade and industry shall not, befo re the expiration of 5 years after the report 
was made, request an inquiry under subsection (1 ) in relation to the royalty, or the minimum 
royalty, as the case may be, payable in respect of records included in that class.    (4) In this section, "the relevant provision of this Act" means —  
 
(a) in relation to the royalty payable in r espect of any records — section 57 (1) or, if 
that section is affected by regulations made for the purposes of this section, that section as so 
affected; and   (b) in relation to the minimum royalty payable in respect of any records — sections 57 (3) 
and 58 ( b) (i) or, if those provisions are affected by regulations made for the purposes of this 
section, those provisions as so affected.  
 
Conditions upon which manufacturer may include part of a literary or dramatic work in a 
record of a musical work 
60.—(1) Where —  
 
(a) a person makes in Singapore a record comp rising the performance of a musical work in 
which words are sung, or are spoken incidentally to or in association with the music, whether 
or not there is any other matter comprised in the record;   
(b) copyright does not subsist in  that work or, if copyright so subsists, the requirements 
specified in section 56 (1) are complied with in relation to that copyright;   (c) the words consist or form part of a literary or dramatic work in which copyright subsists;  
 
(d) a record of the musical work in which t hose words, or words s ubstantially the same as 
those words, were sung, or were spoken incident ally to or in association with the music has 
previously been made in, or imported into, Singa pore for the purpose of retail sale and was so 
made or imported by, or with the licence of, the owner of the copyright in the literary or dramatic work; and   
(e) the like notice was given to the owner of the c opyright in the literary or dramatic work as 
is required by section 56 (1) ( b) to be given to the owner of the copyright (if any) in the 
musical work and there is paid to the owner of the copyright in the literary or dramatic work such amount (if any) as is ascertained  in accordance with this section,  
 
the making of the record shall not constitute an infringement of the copyright in the literary or 
dramatic work.    IP/N/1/SGP/C/12 
Page 68  
 
  (2) Where copyright does not subsist in the musical work, the amount to be paid in respect of the 
literary or dramatic work is an amount equal to the royalty that, but for this section, would have been 
payable in respect of the musical work if co pyright had subsisted in the musical work.   
 (3) Where copyright subsists in the musical work  as well as in the literary or dramatic work —  
 
(a) if the copyrights in those works are owned by the same person — an amount is not payable in respect of the literary or dramatic work; or   (b) if the copyrights in those wo rks are owned by different persons — the royalty that, but for 
this section, would have been payable in respect of the musical work shall be apportioned 
between them in such manner as they agree, or, in  default of the agreement, as is determined 
by a Copyright Tribunal on the a pplication of either of them.  
 (4) Where the owner of the copyright in a musical wo rk and the owner of the copyright in a literary or 
dramatic work do not agree on the manner in which an amount is to be apportioned between them but 
the person who made the record gives an undertak ing in writing to each owner to pay to him the 
portion of that amount that a Tribunal determines to be payable to him, then —   
(a) paragraph ( d) of section 56 (1) and paragraph ( e) of subsection (1) of this section shall 
have effect as if the payments referred to  in those paragraphs had been made; and  
 
(b) the person who made the record shall be liable, when the amount to which an undertaking 
relates is determined, to pay that amount to  the owner of the copyright to whom the 
undertaking was given and the owner may recover that amount in a court of 
competent jurisdiction from that person as a debt due to the owner.  
 
(5) The regulations made for the purposes of section 56 (1) ( d) in relation to payments to the owner of 
the copyright in a musical work shall have the like effect, with any necessary modifications, for the 
purposes of subsection (1) ( e) in relation to payments to the owner of the copyright in a literary or 
dramatic work.    [Aust. 1968, s. 59]   
 
Making inquiries in relation to previous records 
61.—Where —  
 
(a) a person makes inquiries, as prescribed, for the purpose of ascertaining whether a record 
of a musical work, or a record of a musical work  in which words consisting or forming part of 
a literary or dramatic work were sung or spoke n, has previously been made in, or imported 
into, Singapore by, or with the licence of, the owne r of the copyright in the musical work or in 
the literary or dramatic work, as the case may be , for the purpose of retail sale or for use in 
making other records for the purpose of retail sale; and  
 
(b) an answer to those inquiries is not  received within the prescribed period,  
 a record of that musical work, or a record of th at work in which those words were sung or spoken, 
as the case may be, shall, for the purposes of the application of this Division —  
 
(i) in relation to the person who made the inquiries; or   (ii) in relation to a person who makes records of the musical work, or records of that work in 
which those words or substantially the same words are sung or spoken, for the purpose of  IP/N/1/SGP/C/12 
 Page 69 
 
 
  supplying those records to the person who made the inquiries in pursuance of an agreement 
entered into between those persons for the making of the records,  
 be taken to have been previously made in, or im ported into, Singapore with the licence of the owner 
of that copyright for the purpose of retail sale or for use in making other records for the purpose of 
retail sale, as the case may be.   
 
[Aust. 1968, s. 61]   
 
Application of Division in relation to record of part of a work 
62.—(1) Subject to subsection (2), this Division shall apply in relation to a record of a part of a 
musical work in like manner as it applies in relati on to a record of the whole of the work.   
 (2) Section 56 (1) shall not apply in relation to —   
(a) a record of the whole of a work unless th e previous record referred to in paragraph ( a) of 
that subsection was a record of  the whole of the work; and  
 (b) a record of a part of a work unless that pr evious record was a record of, or comprising, 
that part of the work.  
 
 
Division 9 — Acts not Constituting Infringements of Copyright in Artistic Works 
 
Sculptures and certain other works in public places 
63.—(1) This section shall apply to sculptures and to works of artistic craftsmanship of the kind 
referred to in paragraph ( c) of the definition of "artistic work" in section 7.   
 (2) The copyright in a work to which this section ap plies that is situated, otherwise than temporarily, 
in a public place, or in premises open to the public, is not infringed by the making of a painting, drawing, engraving or photograph of the work or by the inclusion of the work in a cinematograph film 
or in a television broadcast.   
 
[Aust. 1968, s. 65]   
 
Buildings and models of buildings 
64.—The copyright in a building or a model of a buil ding is not infringed by the making of a painting, 
drawing, engraving or photograph of the building or model or by the inclusion of the building or 
model in a cinematograph film or in a television broadcast.    
[Aust. 1968, s. 66]   
 
Incidental filming or televising of artistic works 
65.—Without prejudice to sections 63 and 64, the copyright  in an artistic work is not infringed by the 
inclusion of the work in a cinematograph film or in a television broadcast if its inclusion in the film or 
broadcast is only incidental to the principal ma tters represented in the film or broadcast.   
 
[Aust. 1968, s. 67]   
 IP/N/1/SGP/C/12 
Page 70  
 
  Publication of artistic works 
66.—The copyright in an artistic work is not infringed by the publication of a painting, drawing, 
engraving, photograph or cinematograph film if, by virtue of section 63, 64 or 65, the making of that 
painting, drawing, engraving, photog raph or film did not constitute an infringement of the copyright.   
 [Aust. 1968, s. 68]   
 
Artistic works included in a cable programme 
67.—Sections 63, 64 and 65 shall apply in relation to  a cable programme in like manner as they apply 
in relation to a television broadcast.  
 
Reproduction for purpose of including work in  television broadcast or cable programme 
68.—(1) Where the inclusion of an artistic work in  a television broadcast or cable programme made 
by a person would not (whether by reason of an  assignment or licence or of the operation of a 
provision of this Act) constitute an infringement of copyright in the work but the making by 
the person of a cinematograph film of the work woul d, apart from this subsection, constitute such an 
infringement, the copyright in the work is not infringed by his making such a film solely for the purpose of the inclusion of the work in a television broadcast or cable programme.   
 (2) Subsection (1) shall not apply in relation to a film if a copy of the film is used for a purpose 
other than —  
 
(a) the inclusion of the work in a television broadcast or cable programme in circumstances 
that do not (whether by reason of an assignment or licence or of the operation of a provision of this Act) constitute an infring ement of the copyright in the work; or  
 
(b) the making of further copies of the film for the purpose of the inclusion of the work in 
such a broadcast or programme.  
 (3) Subsection (1) shall not apply in relation to a film  where a copy of the film is used for the purpose 
of the inclusion of the work in a television broad cast or cable programme made by a person who is not 
the maker of the film unless the maker has paid to the owner of the copyright in the work such amount 
as they agree or, in default of agreement, has give n an undertaking in writing to the owner to pay to 
him such amount as is determined by a Copyright Tri bunal, on the application of either of them, to be 
equitable remuneration to the owner for the making of the film.    (4) A person who has given an undertaking referred to in subsection (3) shall be liable, when a 
Copyright Tribunal has determined the amount to which the undertaking relates, to pay that amount to 
the owner of the copyright in the work and the owner may recover that amount in a court of competent jurisdiction from the person as a debt due to the owner.    (5) Subsection (1) shall not apply in  relation to a film unless all the copies of the film are destroyed or 
are delivered, with the consent of the director of  the National Archives, to the National Archives of 
Singapore —  
 
(a) before the expiration of the period of 6 m onths or, in the case of a film made by a non-
profit organisation solely for its own broadcast, 2 years, commencing on the day on which any of the copies of the film is first used for including  the work in a television broadcast or 
cable programme in accordance with that subsection; or  
  IP/N/1/SGP/C/12 
 Page 71 
 
 
  (b) before the expiration of such further period, if any, as is agreed between the maker of the 
film and the owner of the copyright in the work.    
 
[6/98]  
 
[Aust. 1968, s. 70]   
 
Reproduction of work in different dimensions 
69.—For the purposes of this Act —  
 
(a) the making of an object of any kind that is in 3 dimensions does not infringe the copyright 
in an artistic work that is in 2 dimensions; and   (b) the making of an object of any kind that is in 2 dimensions does not infringe the copyright in an artistic work that is in 3 dimensions,  
 
if the object would not appear to persons who are not experts in relation to objects of that kind to be a 
reproduction of the artistic work.   
Special exception for artistic works which have been industrially applied 
70.—(1) Notwithstanding section 69, the making of any useful article in 3 dimensions (including a 
reproduction in 2 dimensions reasonably required fo r the making of the article) does not infringe the 
copyright in an artistic work if, when the useful article or reproduction is ma de, the artistic work has 
been industrially applied in Singapore or in any othe r country at any time before the useful article or 
reproduction is made.     
[25/2000]  
 
(2) For the purposes of subsection (1), an ar tistic work is applied industrially if —  
 
(a) more than 50 reproductions in 3 dimensions ar e made of it, for the purposes of sale or hire;  
 
(b) it is reproduced in 3 dimensions in one or more articles manufactured in lengths, for the 
purposes of sale or hire; or   (c) it is reproduced as a plate whic h has been used to produce —  
 
(i) more than 50 reproductions of an object in  3 dimensions for the purposes of sale or 
hire; or   (ii) one or more articles in 3 dimensions manufactured in lengths for the purposes of 
sale or hire.  
 
(3) For the purposes of subsection (2), 2 or more re productions in 3 dimensions which are of the same 
general character and intended for use together are a single reproduction.   
 (4) In this section, "useful article" means an article  having an intrinsic utilitarian function that is not 
merely to portray the appearance of the article or to convey information.   
 
(5) For the purposes of this section, an article that is  normally part of a useful article is considered a 
useful article.    IP/N/1/SGP/C/12 
Page 72  
 
  Reproduction of part of work in later work 
71.—(1) The copyright in an artistic work is not infri nged by the making of a later artistic work by the 
same author if, in making the later work, the author does not repeat or imitate the main design of the 
earlier work.    
(2) Subsection (1) shall have effect notwithstanding th at part of the earlier work is reproduced in the 
later work and that, in reproducing the later work, the author used a mould, cast, sketch, plan, model 
or study made for the purposes of the earlier work.    
[Aust. 1968, s. 72]   
 
Reconstruction of buildings 
72.—(1) Where copyright subsists in a building, the copyright is not infringed by a reconstruction of 
that building.    
(2) Where a building has been constructed in accord ance with architectural drawings or plans in 
which copyright subsists and has b een so constructed by, or with th e licence of, the owner of that 
copyright, that copyright is not infringed by a later reconstruction of the building by reference to those 
drawings or plans.    
[Aust. 1968, s. 73]   
 
 
Division 10 — Designs 
 
Interpretation of this Division 
73.—(1) In this Division "corresponding design", in relation to an artistic work, means a design 
which, when applied to an article, resu lts in a reproduction of that work.   
 (2) In this Division —   
(a) references to the scope of the copyright in a registered design are references to the 
aggregate of the things, which, by virtue of the provisions of the Registered Designs 
Act (Cap. 266), the registered owner of the design has the exclusive right to do; and   (b) references to the scope of the copyright in  a registered design as extended to all associated 
designs and articles are references to the aggregat e of the things which, by virtue of that 
written law, the registered owner would have  had the exclusive right to do if —  
 
(i) when that design was registered, there ha d at the same time been registered every 
possible design consisting of that design with modifications or variations not 
sufficient to alter the character or substantia lly to affect the identity thereof, and that 
owner had been registered as the owner of every such design; and  
 
(ii) the design in question, and every ot her design such as is mentioned in sub-
paragraph (i), had been registered in respect of all the articles to which it was capable of being applied.    
 
[25/2000]  
 
[Aust. 1968, s. 74]   
  IP/N/1/SGP/C/12 
 Page 73 
 
 
  Special exception in respect of industrial design 
74.—(1) Where copyright subsists in an artistic work and a corresponding design is registered or 
deemed registered under the Registered Designs Act,  it shall not be an infringement of the copyright 
in the work —   
(a) to do anything, during the subsistence of the copyright in the registered design, which is 
within the scope of the copyright in the design; or   (b) to do anything, after the copyright in the regi stered design has come to an end, which, if it 
had been done while the copyright in the design subsisted, would have been within the scope 
of that copyright as extended to all associated designs and articles.    
 
[25/2000]  
 
(1A) Subsection (1) shall have effect subject to the provisions of the Schedule in cases falling within 
the Schedule.   
 (2) Where copyright subsists in an artistic work, and —   
(a) a corresponding design is applied industria lly (whether in Singapore or elsewhere) by or 
with the licence of the owner of  the copyright in the work;  
 
(b) articles to which the design has been so applie d are sold, let for hire, or offered for sale or 
hire whether in Singapore or elsewhere; and   (c) at the time when those articles are sold, let for hire or offered or exposed for sale or hire, 
they are not articles in respect of which the co rresponding design has been registered or, is 
deemed registered under the Registered Designs Act (Cap. 266),  
 subsections (3), (4), (5) and (6) shall apply.     
[14/94;25/2000]  
 
(3) Subject to subsection (5) —   
(a) during the relevant period of 15 years, it sh all not be an infringement of the copyright in 
the work to do anything which, at the time wh en it is done, would have been within the scope 
of the copyright in the design if the design had, immediately before that time, been registered 
in respect of all relevant articles; and   (b) after the end of the relevant period of 15 years, it shall not be an infringement of the 
copyright in the work to do anything which, at the time when it is done, would, if the design 
had been registered immediately before that time , have been within the scope of the copyright 
in the design as extended to all associated designs and articles.    
 
[6/98;25/2000]  
 
(4) In subsection (3), "the relevant period of 15 years" means the period of 15 years beginning with 
the date on which articles, such as are mentioned in subsection (2) ( b), were first sold, let for hire or 
offered for sale or hire, whether in Singapore or elsewhere.     
[6/98;25/2000]  
 IP/N/1/SGP/C/12 
Page 74  
 
  (5) For the purposes of subsections (2) and (3), no account shall be taken of any articles in respect 
of which, at the time when they were sold, let for hire, or offered for sale or hire, the design in 
question was excluded from registration under the pr ovisions of the Registered Designs Act or the 
Registered Designs Act 1949 of the United Kingdom (U.K. 1949, c. 88) (as the case may be), by rules made under the applicable Act (which relates to the exclusion of designs for articles which are 
primarily literary or artistic in character).    
 
[25/2000]  
 
(6) For the purposes of any proceedings under this Act a design shall be conclusively presumed to 
have been excluded under subsection (5) if —  
 
(a) before the commencement of those proceedings —  
 
(i) an application for the registration of the design in respect of those articles under 
the Registered Designs Act (Cap. 266); or  
 (ii) an application for the registration of the design in respect of those articles under the Registered Designs Act 1949 of the United Kingdom (UK 1949, c. 88), being an application made before the date of co mmencement of the Registered Designs Act,  
 
has been refused;  
 
(b) the reason or one of the reasons stated fo r the refusal was that the design was excluded 
from such registration by rules made under th e Registered Designs Act or the Registered 
Designs Act 1949 of the United Kingdom (UK 1949, c. 88) (as the case may be); and  
 
(c) no appeal against that refusal had been a llowed before the date of the commencement of 
the proceedings or was pending on that date.    
 
[25/2000]  
 
(7) The regulations made for the purposes of this section may make provision for determining the 
circumstances in which a design is, for the purposes of  this section, to be deemed to be applied 
industrially.    
[Aust. 1968, ss. 75 and 77]   
 
 
Division 11 — Works of Joint Authorship 
 
References to all of joint authors 
75.—Subject to this Division, a reference in this Ac t to the author of a wo rk shall, unless otherwise 
expressly provided by this Act, be read, in relati on to a work of joint aut horship, as a reference to 
all the authors of the work.    
[Aust. 1968, s. 78]   
 
References to any one or more of joint authors 
76.—The references in sections 27 and 29 (2) to the au thor of a work shall, in relation to a work of 
joint authorship, be read as references to any one or more of the authors of the work.   
 
[Aust. 1968, s. 79]    IP/N/1/SGP/C/12 
 Page 75 
 
 
   
References to whichever of joint authors died last 
77.—The references in sections 28 and 47 to the author of a work shall, in relation to a work of joint 
authorship other than a work to which section 78 a pplies, be read as references to the author who 
died last.   
 
[Aust. 1968, s. 80]   
 
Works of joint authorship published under pseudonyms 
78.—(1) This section shall apply to a work of joint authorship that was first published under 2 or more 
names of which one was a pseudonym or 2 or more (but not all) were pseudonyms.   
 (2) This section shall also apply to a work of jo int authorship that was first published under 2 or 
more names all of which were pseudonyms if, at an y time within 70 years after the expiration of the 
calendar year in which the work was first published,  the identity of one or more (but not all) of 
the authors was generally known or could be ascertained by reasonable inquiry.    
 
[21/2004]  
 
(3) The references in sections 28 and 47 to the aut hor of a work shall, in relation to a work to 
which this section applies, be read  as references to the author who se identity was disclosed or, if the 
identities of 2 or more of the authors were disclosed , as references to whichever of those authors died 
last.    (4) For the purposes of this section, the identity of an author shall be deemed to have been disclosed if 
—  
 
(a) one of the names under which the work was published was the name of the author; or  
 (b) the identity of that author is generally kn own or can be ascertained by reasonable inquiry.  
 
[Aust. 1968, s. 81]   
 
Copyright to subsist in joint works without re gard to any author who is an unqualified person 
79.—(1) Section 30 (2) shall have effect, in relation to  a work of joint authorship of which one of the 
authors is an unqualified person, or 2 or more (but not all) of the authors are unqualified persons, as if 
the author or authors, other than unqualified persons , had alone been the author or authors, as the case 
may be, of the work.   
 (2) For the purposes of subsection (1), a person is an  "unqualified person" in relation to a work where, 
if he had alone been the author of the work, copyri ght would not have subsisted in the work by virtue 
of this Part.    [Aust. 1968, s. 82]   
 
Inclusion of joint works in collections  for use in educational institutions 
80.—The reference in section 40 (2) to other extrac ts from, or from adaptations of, works by the 
author of the extract concerned —  
 
(a) shall be read as including a reference to ex tracts from, or from adaptations of, works by 
the author of the extract concerned in collaboration with any other person; or   IP/N/1/SGP/C/12 
Page 76  
 
  (b) if the extract concerned is from, or from an  adaptation of, a work of joint authorship — 
shall be read as including a reference to extr acts from, or from adaptations of, works by any 
one or more of the authors of the extract concerned, or by any one or more of those authors in collaboration with any other person.  
 [Aust. 1968, s. 83]   
 
  
PART IV 
 
COPYRIGHT IN SUBJECT-MATTER OTHER THAN WORKS 
 
Division 1 — Preliminary  
 
Interpretation of this Part 
81.—(1) In this Part —  
 
"interactive service" means a service that enables an individual to receive —    
 
(a) a transmission of a programme specially created for that individual; or  
 
(b) on request, a transmission of a particular  sound recording, whether or not as part 
of a programme, which is selected by or  on behalf of that individual,  
 
but does not include any service that enables an individual to request that particular sound 
recording be performed for reception by the pub lic at large or, in the case of a subscription 
service, by all subscribers of that service, unless the programming on each channel of that service consists substantially of sound recordi ngs that are performed within an hour of the 
request or at a time designated by that individual;  
 
"qualified person" means —    
 
(a) a citizen of Singapore, or an individual resident in Singapore; or   (b) a body corporate incorporated under any written law in Singapore.    
 
[38/99;52/2004]  
 
(2) In this Part, a reference to the reproduction or  making of a copy of any subject-matter includes a 
reference to the making of a copy which is transient or is incidental to some other use of the subject-
matter.     
[38/99]  
 
[Aust. 1968, s. 84]   
 
 
Division 2 — Nature of Copyright in Subject-Matter other than Works 
 
Nature of copyright in sound recordings 
82.—(1) For the purposes of this Act, unless the contra ry intention appears, copyright, in relation to a 
sound recording, is the exclusive right to do all or any of the following acts:   IP/N/1/SGP/C/12 
 Page 77 
 
 
   
(a) to make a copy of the sound recording;   (b) to enter into a commercial rental arra ngement in respect of the recording;  
 
(c) to publish the sound recording if it is unpublished;  
 (d) to make available to the public a sound recording by means of, or as part of, a digital audio transmission.   
 
[6/98;52/2004]  
 
(2) Subsection (1) ( b) shall not extend to entry into a commercial rental arrangement in respect of a 
sound recording if —   
(a) the copy of the sound recording, not being an infringing copy, was purchased by a person 
(referred to in this subsection as the r ecord owner) before 16th April 1998;  
 (b) the commercial rental arrangement is ente red into in the ordinary course of a business 
conducted by the record owner; and  
 
(c) the record owner was conducting the same bus iness, or another business that consisted of, 
or included, the making of commercial rental arrangements in respect of copies of sound 
recordings, when the copy was purchased.    
 
[6/98]  
 
(3) For the avoidance of doubt, "make available" fo r the purposes of this Part does not include the 
causing of a sound recording to be heard, otherwise than by means of or as part of a digital audio transmission.     
[52/2004]  
 
[Aust. 1968, s. 85]   
 
Nature of copyright in cinematograph films 
83.—For the purposes of this Act, unless the contrary intention appears, copyright, in relation to a 
cinematograph film, is the exclusive right to do all or any of the following acts:  
 
(a) to make a copy of the film;   (b) to cause the film, insofar as it consists of visual images, to be seen in public;  
 
(c) to communicate the film to the public.   
 
[52/2004]  
 
[Aust. 1968, s. 86]   
 
Nature of copyright in television broadcasts and sound broadcasts 
84.—(1) For the purposes of this Act, unless the contra ry intention appears, copyright, in relation to a 
television broadcast or sound broadcast, is the exclusive right —   IP/N/1/SGP/C/12 
Page 78  
 
  (a) in the case of a television broadcast insofa r as it consists of visual images — to make a 
cinematograph film of the broadcast, or a copy of such a film;   (b) in the case of a sound broadcast, or of a te levision broadcast insofar as it consists of 
sounds — to make a sound recording of the broad cast, or a copy of such a sound recording;  
 
(c) in the case of a television broadcast — to cau se it, insofar as it consists of visual images, 
to be seen in public, or, insofar as it consists of  sounds, to be heard in public, if it is seen or 
heard by a paying audience; and   
(d) in the case of a television broadcast or a sound broadcast — to re-broadcast it or to 
otherwise communicate it to the public.    
 
[52/2004]  
 
(2) For the purposes of subsection (1) ( c), a television broadcast shall be taken to be seen or heard by 
a paying audience if it is seen or heard by persons who either —   
(a) have been admitted for payment to the place wh ere the broadcast is to be seen or heard, or 
have been admitted for payment to a pl ace of which that place forms part; or  
 
(b) have been admitted to the place where the broadcast is to be seen or heard in 
circumstances where goods or services are supplied there at prices which exceed the 
prices usually charged at that place and are par tly attributable to the facilities afforded for 
seeing or hearing the broadcast.  
 
(3) For the purposes of subsection (2) ( a), no account shall be taken —  
 
(a) of persons admitted to the place in question as residents or inmates therein; or   (b) of persons admitted to that place as members of a club or society, where the payment is 
only for membership of the club or society and th e provision of facilities for seeing or hearing 
television broadcasts is only incidental to the main purposes of the club or society.  
 
[Aust. 1968, s. 87]   
 
Nature of copyright in cable programmes 
85.—(1) For the purposes of this Act, unless the contra ry intention appears, copyright, in relation to a 
cable programme, is the exclusive right to do all or any of the following acts:   
(a) insofar as it consists of visual images, to make a cinematograph film of it or a copy of such a film;   
(b) insofar as it consists of sounds, to make a s ound recording of it or a copy of such a sound 
recording;   (c) to cause it, insofar as it consists of visual images, to be seen in public, or, insofar as it 
consists of sounds, to be hear d in public, if it is seen or heard by a paying audience;  
 
(d) to communicate it to the public.    
 
[52/2004]  
  IP/N/1/SGP/C/12 
 Page 79 
 
 
  (2) Subsection (1) shall apply whether the act in question is done by the reception of the programme 
or by making use of any record, print, negative, tape or other article on which the programme has 
been recorded.    (3) In relation to copyright in cable programmes,  insofar as they consist of visual images, 
subsection (1) shall apply to any sequence of imag es sufficient to be seen as a moving picture; and 
accordingly, for the purpose of establishing an in fringement of such copyright, it shall not be 
necessary to prove that the act in question extende d to more than such a sequence of images.   
 (4) For the purposes of subsection (1) ( c), a cable programme shall be taken to be seen or heard by a 
paying audience if it is seen or heard by persons who either —  
 
(a) have been admitted for payment to the place where the programme is to be seen or heard, 
or have been admitted for payment to a place of which that place forms a part; or   
(b) have been admitted to the place where the programme is to be seen or heard in 
circumstances where goods or services are supplied there at prices which exceed the 
prices usually charged at that place and are par tly attributable to the facilities afforded for 
seeing or hearing the programme.  
 (5) For the purposes of subsection (4) ( a), no account shall be taken —  
 
(a) of persons admitted to the place in question as residents or inmates therein; or   (b) of persons admitted to that place as members of a club or society, where payment is only 
for membership of the club or society and th e provision of facilities for seeing or hearing 
cable programmes is only incidental to the main purposes of the club or society.  
 
Nature of copyright in published editions of works 
86.—For the purposes of this Act, unless the contrary intention appears, copyright, in relation to a 
published edition of a literary, dramatic, musical or artistic work or of 2 or more literary, dramatic, 
musical or artistic works, is the exclusive right to make, by a means that includes a photographic 
process, a reproduction of the edition.   
 
[Aust. 1968, s. 88]   
 
 
Division 3 — Subject-Matter, other than  Works, in which Copyright Subsists 
 
Sound recordings in which copyright subsists 
87.—(1) Subject to the provisions of this Act, copy right shall subsist in a sound recording of which 
the maker was a qualified person at the time when the recording was made.    
(2) Without prejudice to subsection (1), copyright shall s ubsist, subject to the provisions of this Act, in 
a sound recording if the recording was made in Singapore.    (3) Without prejudice to subsections (1) and (2), copy right shall subsist, subject to the provisions of 
this Act, in a published sound recording if the first publication of the recording took place in 
Singapore.   
 
[Aust. 1968, s. 89]   
 IP/N/1/SGP/C/12 
Page 80  
 
  Cinematograph films in which copyright subsists 
88.—(1) Subject to the provisions of this Act, copy right shall subsist in a cinematograph film of 
which the maker was a qualified person for the whole or a substantial part of the period during which 
the film was made.    
(2) Without prejudice to subsection (1), copyright shall s ubsist, subject to the provisions of this Act, in 
a cinematograph film if the film was made in Singapore.    (3) Without prejudice to subsections (1) and (2), copy right shall subsist, subject to the provisions of 
this Act, in a published cinematograph film if the fi rst publication of the film took place in Singapore.   
 
[Aust. 1968, s. 90]   
 
Television broadcasts and sound broadc asts in which copyright subsists 
89.—Subject to the provisions of this Act, copyright shall subsist —  
 
(a) in a television broadcast made from a place in Singapore by the holder of a broadcasting 
licence; and   (b) in a sound broadcast made from a place in  Singapore by the holder of a broadcasting 
licence.    
 
[15/94]  
 
[Aust. 1968, s. 91]   
 
Cable programmes in which copyright subsists 
90.—(1) Subject to the provisions of this Act, copy right shall subsist in a cable programme which is 
included in a cable programme service provide d by a qualified person in Singapore.   
 (2) Copyright shall not subsist in a cable programme by virtue of this section if the programme is 
included in the cable programme service by the reception and immediate re-transmission of a 
television broadcast or a sound broadcast.   
 
Published editions of works in which copyright subsists 
91.—(1) Subject to the provisions of this Act, co pyright shall subsist in a published edition of a 
literary, dramatic, musical or artistic work, or of 2 or more literary, dramatic, musical or artistic 
works, where —  
 
(a) the first publication of the edition took place in Singapore; or   (b) the publisher of the edition was a qualified pe rson at the date of the first publication of the 
edition.  
 
(2) Subsection (1) shall not apply to an edition that  reproduces a previous edition of the same work or 
works.    
[Aust. 1968, s. 92]   
 
  IP/N/1/SGP/C/12 
 Page 81 
 
 
  Division 4 — Duration of Copyright in Subject-Matter other than Works 
 
Duration of copyright in sound recordings 
92.—Copyright subsisting in a sound recording by virtue of this Part shall continue to subsist until the 
expiration of 70 years after the expiration of the calendar year in which the recording is first 
published.    
 
[21/2004]  
 
[Aust. 1968, s. 93]   
 
Duration of copyright in cinematograph films 
93.—(1) Copyright subsisting in a cinematograph film by virtue of section 88 (1) or (2) shall continue 
to subsist until the film is published and, after th e publication of the film, until the expiration of 70 
years after the expiration of the calendar year in which the film was first published.    
 
[21/2004]  
 
(2) Copyright subsisting in a cinematograph film by  virtue only of section 88 (3) shall continue to 
subsist until the expiration of 70 years after the expi ration of the calendar year in which the film was 
first published.    
 
[21/2004]  
 
[Aust. 1968, s. 94]   
 
Duration of copyright in television broadcasts and sound broadcasts 
94.—(1) Copyright subsisting in a tele vision broadcast or sound broadcast by virtue of this Part shall 
continue to subsist until the expiration of 50 year s after the expiration of the calendar year in which 
the broadcast was made.    (2) Insofar as a television broadcast or sound broa dcast is a repetition (whether the first or a 
subsequent repetition) of a previous television br oadcast or sound broadcast to which section 89 
applies, and is made by broadcasting visual imag es or sounds embodied in any article or thing —  
 
(a) if it is made before the expiration of the period of 50 years after the expiration of the 
calendar year in which the previous broadcast  was made — any copyright subsisting in it 
shall expire at the expiration of that period; and  
 (b) if it is made after the expiration of that period — copyright shall not subsist in it by 
virtue of this Part.  
 
[Aust. 1968, s. 95]   
 
Duration of copyright in cable programmes 
95.—Copyright subsisting in a cable programme by virtue  of this Part shall continue to subsist until 
the expiration of 50 years from the end of the cale ndar year in which the cable programme is first 
included in the cable programme service.  
 IP/N/1/SGP/C/12 
Page 82  
 
  Duration of copyright in published editions of works 
96.—Copyright subsisting in a publis hed edition of a work or works by virtue of this Part shall 
continue to subsist until the expiration of 25 year s after the expiration of the calendar year in which 
the edition was first published.    [Aust. 1968, s. 96]   
 
 
Division 5 — Ownership of Copyright in Subject-Matter other than Works 
 
Ownership of copyright in sound recordings 97.—(1) This section shall have effect subject to Part X.   
 (2) Subject to subsection (3), the maker of a sound recording is the owner of any copyright subsisting 
in the recording by virtue of this Part.   
 
(3) Where —   
(a) a person makes, for valuable considerati on, an agreement with another person for the 
making of a sound recording by the other person; and   
(b) the recording is made in pursuance of the agreement,  
 the first-mentioned person is, in the absence of any agreement to the contrary, the owner of any 
copyright subsisting in the recording by virtue of this Part.    [Aust. 1968, s. 97]   
 
Ownership of copyright in cinematograph films 
98.—(1) This section shall have effect subject to Part X.   
 (2) Subject to subsection (3), the maker of a cinematograph film is the owner of any copyright 
subsisting in the film by virtue of this Part.   
 (3) Where —   
(a) a person makes, for valuable considerati on, an agreement with another person for the 
making of a cinematograph film by the other person; and  
 (b) the film is made in pursuance of the agreement,  
 the first-mentioned person is, in the absence of any agreement to the contrary, the owner of any 
copyright subsisting in the film by virtue of this Part.   
 
[Aust. 1968, s. 98]   
  IP/N/1/SGP/C/12 
 Page 83 
 
 
  Ownership of copyright in television broadcasts and sound broadcasts 
99.—Subject to Part X, a person who is or has been a holder of a broadcasting licence is the owner of 
any copyright subsisting in a television broadcast or sound broadcast, as the case may be, made by 
that person.    
[15/94]  
 
[Aust. 1968, s. 99]   
 
Ownership of copyright in cable programmes 
100.—Subject to Part X, a person providing a cable programme service is the owner of any copyright 
subsisting in a cable programme included in that service.   
Ownership of copyright in published editions of works 
101.—Subject to Part X, the publisher of an edition of  a work or works is the owner of any copyright 
subsisting in the edition by virtue of this Part.   
 
[Aust. 1968, s. 100]   
 
 
Division 6 — Infringement of Copyright in Subject-Matter other than Works 
 
Interpretation of this Division 
102.—In this Division, "audio-visual item" means a sound recording, a cinematograph film, a sound 
broadcast, a television broadcast or a cable programme.     
[6/98]  
 
[Aust. 1968, s. 100A]   
 
Infringement by doing acts comprised in copyright 
103.—(1) Subject to the provisions of this Act, a copyright subsisting by virtue of this Part is 
infringed by a person who, not being the owner of th e copyright, and without the licence of the owner 
of the copyright, does in Singapore, or authorises th e doing in Singapore of, any act comprised in the 
copyright.    (2) Sections 104 and 105 shall not affect  the generality of subsection (1).   
 
(3) Subsection (1) shall apply in relation to an act done in relation to a sound recording whether the 
act is done by directly or indirectly making use of a record embodying the recording.    (4) Subsection (1) shall apply in relation to an act  done in relation to a television broadcast or a 
sound broadcast or a cable programme whether the act  is done by the reception of the broadcast or 
programme or by making use of any article or thi ng in which the visual images and sounds comprised 
in the broadcast or programme have been embodied.    
[Aust. 1968, s. 101]   
 
Infringement by importation for sale or hire 
104.—A copyright subsisting by virtue of this Part is infringed by a person who, without the licence 
of the owner of the copyright, imports an article into Singapore for the purpose of —   
(a) selling, letting for hire, or by way of trade o ffering or exposing for sale or hire, the article;  IP/N/1/SGP/C/12 
Page 84  
 
   
(b) distributing the article —  
 
(i) for the purpose of trade; or   
(ii) for any other purpose to an extent that will affect prejudicially the owner of the 
copyright; or  
 
(c) by way of trade exhibiting the article in public,  
 
where, he knows, or ought reasonably to know, that the making of the article was carried out 
without the consent of the owner of the copyright.    
[Aust. 1968, s. 102]   
 
Infringement by sale and other dealings 
105.—(1) A copyright subsisting by virtue of this Pa rt is infringed by a person who, in Singapore, and 
without the licence of the owner of the copyright —   
(a) sells, lets for hire, or by way of trade offers or exposes for sale or hire, an article; or   
(b) by way of trade exhibits an article in public,  
 where he knows, or ought reasonably to know, that the making of the article constituted an 
infringement of the copyright or, in the case of an imported article, the making of the article was carried out without the consent of the owner of the copyright.   
 
(2) For the purposes of subsection (1), the distribution of any articles —  
 
(a) for the purpose of trade; or   (b) for any other purpose to an extent that a ffects prejudicially the owner of the copyright 
concerned,  
 shall be taken to be the sale of those articles.    
[Aust. 1968, s. 103]   
 
Infringing copies made on machines installed in libraries and archives 
105A. —Where —  
 
(a) a person makes an infringing copy of, or of part of, an audio-visual item on a machine (including a computer), being a machine installed by or with the approval of the body 
administering any library or archives on the prem ises of the library or archives, or outside 
those premises for the convenience of pers ons using the library or archives; and  
 (b) there is affixed to, or in close proximity to, the machine, in a place readily visible to 
persons using the machine, a notice of the pr escribed dimensions and in accordance with the 
prescribed form,  
  IP/N/1/SGP/C/12 
 Page 85 
 
 
  neither the body administering the library or archiv es, nor the officer-in-charge of the library or 
archives, shall be taken to have authorised the ma king of the infringing copy by reason only that the 
copy was made on that machine.     
[52/2004]  
 
[Aust. 1968, s. 104B]   
 
Acts done for purposes of judicial proceeding 
106.—A copyright subsisting by virtue of this Part is not infringed by anything done —  
 
(a) for the purpose of a judicial proceeding or a report of a judicial proceeding;   (b) for the purpose of seeking professional a dvice from an advocate and solicitor; or  
 
(c) for the purpose of, or in the course of, th e giving of professional advice by an advocate 
and solicitor.  
 
[Aust. 1968, s. 104]   
 
Making of a copy of sound recording for purposes of broadcasting 
107.—(1) The copyright in a sound recording is not infringed by the making of a copy of a sound 
recording solely for the purpose of th e broadcasting of the recording.    
 
[6/98]  
 
(2) Subsection (1) shall not apply in relation to a copy  of a sound recording if the copy is used for a 
purpose other than —   
(a) the broadcasting of the recording; or   (b) the making of further copies of the sound r ecording for the purpose of the broadcasting of 
the recording.   
 
[6/98]  
 
(2A) Notwithstanding subsections (1) and (2), where a sound recording is intended for broadcast or is 
broadcast, the copyright in the sound recording is not infringed by —  
 
(a) the making of a copy of the sound recording for, or the supply of a copy of the sound recording to, any statutory authority; or   (b) the use of a copy of the sound recording by that statutory authority or any of its authorised 
officers,  
 for the purpose of ascertaining whether the intend ed broadcast complies with, or the broadcast 
contravenes, the provisions of any written law administered by that statutory authority.     
[52/2004]  
 
(3) Subsection (1) shall not apply in relation to a c opy of a sound recording where the copy is used for 
the purpose of the broadcasting by a person who is not the maker of the copy unless the maker has 
paid to the owner of the copyright in the record ing such amount as they agree or, in default of IP/N/1/SGP/C/12 
Page 86  
 
  agreement, has given an undertaking in writing to the owner to pay to him such amount as is 
determined by a Copyright Tribunal, on the applicati on of either of them, to be equitable remuneration 
to the owner for the making of the copy.    
[6/98]  
 
(4) A person who has given an undertaking referred to in subsection (3) shall be liable, when a 
Copyright Tribunal has determined the amount to which the undertaking relates, to pay that amount to the owner of the copyright in the recording and the owner may recover that amount in a court of 
competent jurisdiction from the person as a debt due to the owner.    
 
[6/98]  
 
(5) Subsection (1) shall not apply in relation to a copy of a sound recording unless all the copies 
made in accordance with that subsection are destro yed or are delivered, with the consent of the 
director of the National Archives, to the National Archives of Singapore —  
 
(a) before the expiration of th e 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 any of the copies made in accord ance with that subsection is first used for broadcasting the 
recording in accordance with that subsection; or  
 
(b) before the expiration of such further period, if any, as is agreed between the maker of the 
copy and the owner of the copyright in the recording.    
 
[6/98]  
 
[Aust. 1968, s. 107 ]   
 
Making of copy of sound recording or cine matograph film for purpose of simulcasting 
107A. —(1) Where the broadcasting of a sound recordi ng or a cinematograph film would not for any 
reason constitute an infringement of the copyright in the recording or film, but the making of a copy 
of the recording or film would, apart from this sec tion, constitute an infringement of the copyright, the 
copyright is not infringed by the making of a copy of the recording or film if the copy is made solely 
for the purpose of simulcasting the recording or film in digital form.    
[52/2004]  
 
(2) Subsection (1) shall not apply in relation to a copy of a recording or film if the copy is used for a 
purpose other than —   
(a) the simulcasting of the recording or film in circumstances that do not for any reason constitute an infringement of the copyri ght in the recording or film; or  
 
(b) the making of further copies of the recording or film for the purpose of simulcasting the recording or film in such circumstances.    
 
[52/2004]  
  IP/N/1/SGP/C/12 
 Page 87 
 
 
  (3) Subsection (1) shall not apply in relation to a co py of a recording or film unless all copies of the 
recording or film made under that subsection are destroyed before the expiration of the prescribed 
period.     
[52/2004]  
 
[Aust. 1968, s. 110C]   
 
Non-subscription digital audio transmissions 
107B. — Without prejudice to the generality of section 82(3), it is not an infringement of a copyright 
in a sound recording to make available to the public the sound recording by means of or as part of a 
digital audio transmission where the transmission —   
(a)  is a sound broadcast;   
(b)  is not part of an interactive service; and  
 (c)  is not a subscription transmission.  
 
Digital audio transmissions within business establishment 
107C. —(1) It is not an infringement of a copyright in a sound recording to make available to the 
public the sound recording by means of or as part of a digital audio transmission if —  
 (a) the sound recording is made available to the public by such means within the premises of a 
business establishment;   
(b) the making available to the public of th e sound recording by such means causes the sound 
recording to be heard within the premises or immediate surroundings of the business establishment; and   (c) the business carried on in the business estab lishment does not consist primarily of the 
making available to the public of sound recordings by such means for payment.    
 
[52/2004]  
 
(2) In this section, "premises" includes any land, building structure and conveyance.     
[52/2004]  
 
Other non-infringing non-interactive transmissions 
107D. —It is not an infringement of a copyright in a sound recording to make available to the public 
the sound recording by means of or as part of a digital audio transmission that is not part of an interactive service, if the person who does so pays  the owner of the copyright in the sound recording 
such amount by way of equitable remuneration in respect of the transmission as may be agreed upon 
between them or, in default of such an agreemen t, as may be determined by a Copyright Tribunal on 
the application of either party.     
[52/2004]  
 
[Aust. 1968, s. 108 (1)]   
 IP/N/1/SGP/C/12 
Page 88  
 
  Temporary copy made in course of communication 
107E. —(1) Subject to subsection (2), the copyright in an audio- visual item is not infringed by the 
making of a temporary or transient copy of the audio-visual item if —   
(a) the copy is made incidentally as part of the technical process of making or receiving a 
communication; and  
 (b) the act of making the communication itself does not constitute an infringement.    
 
[22/2005]  
 
(2) Subsection (1) shall not apply to the making of a temporary or transient copy of an audio-visual item if the copy of the audio-visu al item that is communicated —  
 
(a) is an infringing copy of the audio-visual item; or  
 
(b) is a copy that, if it had been made in Singa pore, would have been an infringing copy of the 
audio-visual item.    
 
[22/2005]  
 
(3) Nothing in subsection (1) shall be construed as authorising any subsequent use of the temporary 
or transient copy of the audio-visual item.     
[22/2005]  
 
[Aust. 1968, s. 111A]   
 
Provisions relating to cinematograph films 
108.—(1) Where the visual images forming part of a ci nematograph film consist wholly or principally 
of images that, at the time when they were firs t embodied in an article or thing, were means of 
communicating news, the copyright in the film is not infringed by the causing of the film to be seen or 
heard, or to be both seen and heard, in public afte r the expiration of 50 years after the expiration of the 
calendar year in which the principal events depicted in the film occurred.    (2) Where the sounds that are embodied in a sound- track associated with the visual images forming 
part of a cinematograph film are also embodied in a record, other than such a sound-track or a record 
derived directly or indirectly from such a sound- track, the copyright in the cinematograph film is 
not infringed by any use made of that record.    
[Aust. 1968, s. 110]   
 
Fair dealing in relation to other subject-matter 
109.—(1) Subject to this section, a fair dealing with  an audio-visual item for any purpose other than a 
purpose referred to in section 110 or 111 shall not c onstitute an infringement of the copyright in the 
item or in any work or other audio-visual item included in the item.     
[52/2004]  
 
(2) The purposes for which a dealing with an audi o-visual item may constitute a fair dealing under 
subsection (1) shall include research and study.     
[52/2004]   IP/N/1/SGP/C/12 
 Page 89 
 
 
   
(3) For the purposes of this Act, the matters to wh ich regard shall be had, in determining whether 
a dealing with an audio-visual item, being a dealing by way of copying the whole or a part of the audio-visual item, constitutes a fair dealing with th e audio-visual item for any purpose other than a 
purpose referred to in section 110 or 111 shall include —  
 
(a) the purpose and character of the dealing,  including whether such dealing is of a 
commercial nature or is for non-profit educational purposes;   (b) the nature of the audio-visual item;  
 
(c) the amount and substantiality of the part copi ed taken in relation to the whole audio-visual 
item;   (d) the effect of the dealing upon the potential ma rket for, or value of, the audio-visual item; 
and  
 (e) the possibility of obtaining the audio-visual item within a reasonable time at an ordinary commercial price.    
 
[52/2004]  
 
Fair dealing for purpose of criticism or review 
110.—A fair dealing with an audio-visual item shall not constitute an infringement of the copyright in 
the item or in any work or other audio-visual item included in the item if it is for the purpose of criticism or review, whether of the first-mentioned a udio-visual item, another audio-visual item or a 
work, and a sufficient acknowledgment of the firs t-mentioned audio-visual item is made.   
 
[Aust. 1968, s. 41]   
 
Fair dealing for purpose of reporting news 
111.—A fair dealing with an audio-visual item shall not constitute an infringement of the copyright in 
the item or in any work or other audio-visual item included in the item if —  
 
(a) it is for the purpose of, or is associated with, the reporting of news in a newspaper, 
magazine or similar periodical and a sufficient acknowledgment of the first-mentioned audio- 
visual item is made; or  
 
(b) it is for the purpose of, or is associate d with, the reporting of news by means of 
broadcasting or a cable programme service, by any other means of communication to the 
public, or in a cinematograph film.    
 
[52/2004]  
 
[Aust. 1968, s. 42]   
 
Copying of unpublished sound recordings and ci nematograph films in libraries or archives 
112.—Where, at a time more than 50 years after the time at which, or the expiration of the period 
during which, a sound recording or cinematograph film was made, copyrigh t subsists in the sound 
recording or cinematograph film but —   
(a) the sound recording or cinematograph film has not been published; and   IP/N/1/SGP/C/12 
Page 90  
 
  (b) a record embodying the sound recording, or a copy of the cinematograph film, is kept in 
the collection of a library or archives where it is, subject to any regulations governing that collection, accessible to the public,  
 the copyright in the sound recording or cinematogr aph film and in any work or other subject-matter 
included in the sound recording or cine matograph film is not infringed —  
 
(i) by the making of a copy, or the communication, of the sound recording or cinematograph film by a person for the purpose of research or study or with a view to publication; or  
 
(ii) by the making of a copy, or the communication, of the sound recording or cinematograph 
film by or on behalf of the officer-in-charge of  the library or archives, if the copy or  the 
recording or film is supplied (whether by communication or otherwise) to a person who 
satisfies the officer that he requires the copy  or the recording or film for the purpose of 
research or study or with a view to publicati on and that he will not use it for any other 
purpose.    
 
[52/2004]  
 
[Aust. 1968, s. 51]   
 
Copying of sound recordings and cinematogra ph films for preservation and other purposes 
113.—(1) Subject to subsection (3), where a copy of a sound recording, being a sound recording that 
forms, or formed, part of the collection of a library or  archives, is made by or on behalf of the officer-
in-charge of the library or archives —   
(a) if the sound recording is held in the coll ection in the form of a first record — for 
the purpose of preserving the record against lo ss or deterioration or for the purpose of 
research that is being, or is to be, carried out at the library or archives in which the record is 
held or at another library or archives;   (b) if the sound recording is held in the coll ection in a published form but has been damaged 
or has deteriorated — for the purpose of replacing the sound recording; or  
 (c) if the sound recording has been held in the collection in a published form but has been lost 
or stolen — for the purpose of replacing the sound recording,  
 
the making of the copy does not infringe copyright in the sound recording or in any work or other 
subject-matter included in the sound recording.    (2) Subject to subsection (3), where a copy of a ci nematograph film, being a cinematograph film that 
forms, or formed, part of the collection of a library or  archives, is made by or on behalf of the officer-
in-charge of the library or archives —  
 
(a) if the cinematograph film is held in the collection in the form of a first copy — for 
the purpose of preserving the copy against loss or deterioration or for the purpose of research 
that is being, or is to be, carried out at the lib rary or archives in which the copy is held or at 
another library or archives;  
 
(b) if the cinematograph film is held in th e collection in a published form but has been 
damaged or has deteriorated — for the purpo se of replacing the cinematograph film; or  
  IP/N/1/SGP/C/12 
 Page 91 
 
 
  (c) if the cinematograph film has been held in  the collection in a published form but has been 
lost or stolen — for the purpose of replacing the cinematograph film,  
 the making of the copy does not infringe copyright in the cinematograph film or in any work or other subject-matter included in the cinematograph film.   
 
(3) Subsection (1) does not apply in relation to a so und recording, and subsection (2) does not apply in 
relation to a cinematograph film, held in a published form in the collection of a library or archives 
unless an authorised officer of the library or arch ives has, after reasonable investigation, made a 
declaration stating that he or she is satisfied th at a copy (not being a secondhand copy) of the sound 
recording or cinematograph film, as the case may be , cannot be obtained within a reasonable time at 
an ordinary commercial price.    (4) Where a copy of an unpublished sound recording or an unpublished cinema tograph film is made 
under subsection (1) or (2) by or on behalf of the officer-in-charge of a library or archives for the 
purpose of research that is being, or is to be, carri ed out at another library or archives, the supply of 
the copy by or on behalf of the officer to the othe r library or archives does not, for any purpose of this 
Act, constitute the publication of the sound record ing or cinematograph film or of any work or 
other subject-matter included in the sound recording or cinematograph film.    
[Aust. 1968, s. 110B]   
 
Filming or recording broadcasts or programmes for private and domestic use 
114.—(1) The copyright in a television broadcast or  a cable programme, or in a literary, artistic, 
dramatic or musical work or a cinematograph film included in the broadcast or programme, insofar as 
it consists of visual images, is not infringed by th e making of a cinematograph film of the broadcast or 
the cable programme for the private and domestic use of the person by whom the cinematograph film 
is made.    (2) The copyright in a sound broadcast, a television broadcast or a cable programme, or in a literary, 
dramatic or musical work, a sound recording or a cinematograph film included in the broadcast or 
programme, insofar as it consists of sounds, is not infringed by the ma king of a sound recording of the 
broadcast or the cable programme for the private and domestic use of the pe rson by whom the sound 
recording is made.    (3) For the purposes of this section, a cinematograp h film or a sound recording shall be deemed to 
be made otherwise than for the private and domestic  use of the person by whom it is made if it is 
made for the purpose of —  
 
(a) the sale or letting for hire of the film or the sound recording, as the case may be;   (b) broadcasting the film or recording or including it in a cable programme; or   
(c) causing the film or recording to be seen or heard in public.  
 
[Aust. 1968, s. 111]   
 
Use of broadcasts for educational purposes 
115.—The making of a record of a sound broadcast or  a cinematograph film of a television broadcast 
or of a cable programme does not constitute an infringement of copyright in a work or sound 
recording or cinematograph film included in the broadcast or programme, or an infringement of copyright in the broadcast or programme, if —   IP/N/1/SGP/C/12 
Page 92  
 
  (a) the record or cinematograph film is made by, or on behalf of, the person or authority in 
charge of an educational institution; and   (b) the record or cinematograph film is not u sed except in the course of instruction at that 
institution.  
 
[Aust. 1968, s. 200]   
 
Copying for course of instruction in making of film or sound-track 
115A. —Copyright in a sound recording, cinematogra ph film, television broadcast, sound broadcast or 
cable programme is not infringed by its  being copied in the making of —  
 
(a) a cinematograph film; or   (b) a sound-track associated with the visual images forming part of a cinematograph film,  
 
in the course of instruction, or preparation for inst ruction, in the making of a cinematograph film or 
sound-track associated with the visual images forming part of a cinematograph film, if the copying is 
done by a person giving or receiving such instruction.     
[6/98]  
 
Things done for purposes of examination 
115B. —A copyright subsisting by virtue of this Pa rt is not infringed by anything done for the 
purposes of an examination, whether by way of se tting the questions, communi cating the questions to 
the candidates or answering the questions.    
 
[6/98]  
 
Reproductions of editions of work 
116.—The copyright in a published edition of a work or works is not infringed by the making of a 
reproduction of the whole or a part of that edition if that reproduction is made in the course of —  
 
(a) where the edition contains one work only —  
 
(i) a dealing with that work, being a dealing that does not, by virtue of section 35, 36, 37, 38 or 40, infringe copyright in that work; or  
 
(ii) the making of a copy (including a handi capped reader’s copy or an intellectually 
handicapped reader’s copy) of the whole or a part of that work, being a copy the 
making of which does not, by virtue of section 45, 46, 48, 51, 52, 54 or 54A, infringe copyright in that work; or  
 
(b) where the edition contains more than one work —  
 
(i) a dealing with one of those works or d ealings with some or all of those works, 
being a dealing that does not, or dealings that do not, by virtue of section 35, 36, 37, 38 or 40, infringe copyright in that work or those works; or  
 
(ii) the making of a copy (including a handi capped reader’s copy or an intellectually 
handicapped reader’s copy) of the whole or a part of one of those works or the making of copies (including the handicapped reader’s copies or the intellectually 
handicapped reader’s copies) of the whole or parts of some or all of those works,  IP/N/1/SGP/C/12 
 Page 93 
 
 
  being a copy the making of which does not, or copies the making of which do not, by 
virtue of section 45, 46, 48, 51, 52, 54 or 54A, infringe copyright in that work or in those works.    
 
[6/98]  
 
[Aust. 1968, s. 112]   
 
Accessories to imported articles 
116A. —(1) The copyright in —  
 
(a) a published edition of a work embodied in an accessory to an article; or  
 (b) a sound recording or cinematograph film  that is an accessory to an article,  
 
is not infringed by a person who, without the licence of the owner of the copyright, imports the article 
into Singapore for a purpose mentioned in section 104 ( a), (b) or ( c) unless the article is an infringing 
copy.     
[14/94]  
 
(2) The operation of this Act in relation to —  
 
(a) a published edition of a work embodied in an article; or   (b) a sound recording or cinematograph film,  
 
is not affected by the operation of this section in relation to —   
(i) a published edition of a work, or other subject-matter, embodied in an accessory to the article; or   
(ii) a sound recording or cinematograph film that is an accessory to the article.    
 
[14/94]  
 
(3) If an article is imported into Singapo re for a purpose mentioned in section 104 ( a), (b) or ( c), and 
the importation is not, by reason of this section, an infringement of the copyright in —  
 
(a) a published edition of a work embodied  in an accessory to the article;  
 (b) a sound recording or cinematograph film  that is an accessory to the article,  
 
the use of the accessory with the article for any such purpose shall not be an infringement of the 
copyright in the published edition of a work, or in the sound recording or cinematograph film, and section 105 (1) shall not apply to the accessory.    
[14/94]  
 
[Aust. 1968, s. 10AD]   
 
 IP/N/1/SGP/C/12 
Page 94  
 
  Division 7 — Miscellaneous 
 
Copyrights to subsist independently 
117.—(1) Where copyright subsists in any subject-matter by virtue of this Part, nothing in this Part 
shall be taken to affect the operation of Part III in relation to any literary, dramatic, musical or artistic 
work from which that subject-matter is wholly or partly derived, and any copyright subsisting by 
virtue of this Part is in addition to, and independent of, a ny copyright subsisting by virtue of Part III.   
 
[38/99]  
 
(2) The subsistence of copyright under any provisi on of this Part shall not affect the operation of 
any other provision of this Part unde r which copyright can subsist.   
 
[Aust. 1968, s. 113]   
  
 
PART V 
 
REMEDIES FOR INFRINGEMENTS OF COPYRIGHT 
 
Division 1 — Preliminary  
 
Interpretation of this Part 
118.—(1) In this Part, "action" means a proceeding of  a civil nature between parties, and includes a 
counterclaim.   
 
(2) In the application of this Part in relation to  a counterclaim, references to the plaintiff and to 
the defendant shall be read as references to the defendant and to the plaintiff, respectively.   
 
[Aust. 1968, s. 114]   
  
Division 2 — Actions by Owner of Copyright 
 
Actions for infringement 
119.—(1) Subject to the provisions of this Act, the owner of a copyright may bring an action for an 
infringement of the copyright.   
 (2) Subject to the provisions of this Act, in an action for an infringement of copyright, the types of relief that the court may grant include the following:   
(a)  an injunction (subject to such term s, if any, as the court thinks fit);  
 
(b)  damages;   (c)  an account of profits;   
(d)  where the plaintiff has elected for an award of statutory damages in lieu of damages or an 
account of profits, statutory damages of —  
 
(i) not more than $10,000 for each work or  subject-matter in respect of which the 
copyright has been infringed; but   IP/N/1/SGP/C/12 
 Page 95 
 
 
   
(ii) not more than $200,000 in the aggregat e, unless the plaintiff proves that his actual 
loss from such infringement exceeds $200,000.    
 
[52/2004]  
 
(2A) When the court awards any damages under subsection (2) ( b), the court may also make an order 
under subsection (2) ( c) for an account of any profits attributable to the infringement that have not 
been taken into account in computing the damages.     
[52/2004]  
 
(2B) Except as provided for in subsection (2A), the types of relief referred to in subsection (2) ( b), (c) 
and (d) are mutually exclusive.     
[52/2004]  
 
(2C) For the purposes of subsection (2) ( d), all the parts of a collective work constitute one work.    
 
[52/2004]  
 
(3) Where, in an action for infri ngement of copyright, it is established that an infringement was 
committed but it is also established that, at the time  of the infringement, the defendant was not aware, 
and had no reasonable grounds for suspecting, that  the act constituting the infringement was an 
infringement of the copyright, the plaintiff sha ll not be entitled under this section to any damages 
against the defendant in respect of the infringement , but shall be entitled to an account of profits in 
respect of the infringement whether any other relief is granted under this section or not.   
 (4) Where, in an action under this section —   
(a) an infringement of copyright is established; and   
(b) the court is satisfied that it is proper to do so, having regard to —  
 
(i) the flagrancy of the infringement;   (ii) any benefit shown to ha ve accrued to the defendant by reason of the infringement; 
and  
 (iii) all other relevant matters,  
 the court may, in assessing damages for the infringement under subsection (2) ( b), award such 
additional damages as it considers appropriate in the circumstances.   
 
[52/2004]  
 
(5) In awarding statutory damages under subsection (2) ( d), the court shall have regard to —  
 
(a) the nature and purpose of the infringing act, including whether the infringing act was of a 
commercial nature or otherwise;   (b) the flagrancy of the infringement;   IP/N/1/SGP/C/12 
Page 96  
 
  (c) whether the defendant acted in bad faith;  
 (d) any loss that the plaintiff has suffered or is  likely to suffer by reason of the infringement;  
 (e) any benefit shown to have accrued to th e defendant by reason of the infringement;  
 
(f) the conduct of the parties before and during the proceedings;   (g) the need to deter other similar infringements; and   
(h) all other relevant matters.    
 
[52/2004]  
 
(6) In this section —  
 
"collective work" means a work in which re levant materials, constituting separate and 
independent works in themselves, are assembled into a collective whole;  
 "relevant material" has the same meaning as in section 7A (3).     
 
[52/2004]  
 
[Aust. 1968, s. 115]   
 
Order for delivery up of infringing copies, etc. 
120.—(1) Subject to the provisions of this Act, the court may, in addition to any relief granted under 
section 119 in any action for an infringement of copyright brought under that section, order any 
infringing copy, or any article which has been u sed for making infringing copies, in the possession of 
the defendant or before the court to be delivered up to the plaintiff.     
[6/98;38/99;52/2004]  
 
(2) No order shall be made under this section unl ess the court also makes, or it appears to the 
court that there are grounds for maki ng, an order under section 120A.   
 
[6/98]  
 
(3) A person to whom an infringing copy or other object is delivered up pursuant to an order made under this section shall, if an order under section 120A is not made, retain the copy or object pending 
the making of an order, or the decision not to make an order, under section 120A.     
[6/98]  
 
[Aust. 1968, s. 133 (4)]   
 
Order for disposal of infringing copies, etc. 
120A. —(1) An application may be made to the court for an order that an infringing copy or other 
object delivered up pursuant to an  order made under section 120 be —  
 
(a) forfeited to the plaintiff; or   (b) destroyed or otherwise dealt with as the court thinks fit.     IP/N/1/SGP/C/12 
 Page 97 
 
 
   
[6/98]  
 
(2) In considering what order, if any, should be ma de under this section, the c ourt shall have regard to 
—  
 
(a) whether other remedies available in an action for infringement of copyright would be 
adequate to compensate the plaintiff and to protect the interests of the plaintiff; and  
 (b) the need to ensure that no infringing copy is disposed of in a manner that would adversely 
affect the plaintiff.    
 
[6/98]  
 
(3) The court shall issue directions as to the servi ce of notice on persons having an interest in the 
copy or other object.    
 
[6/98]  
 
(4) Any person having an interest in the copy or other object is entitled —   
(a) to appear in proceedings for an order under this section, whether or not that person is 
served with notice; and   (b) to appeal against any order made, whether or not that person appears in the proceedings.    
 
[6/98]  
 
(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.    
 
[6/98]  
 
(6) Where there is more than one person interested in a copy or other object, the court may direct that the copy or object be sold, or otherwise dea lt with, and the proceeds divided, and shall make any 
other order as it thinks just.    
 
[6/98]  
 
(7) If the court decides that no order should be  made under this section, the person in whose 
possession the copy or other object was before being delivered up shall be entitled to its return, and 
the court may order the defendant to pay to the pl aintiff such damages as th e court thinks just and 
equitable.    
 
[6/98]  
 
 
Division 3 — Proceedings where Copyri ght is subject to Exclusive Licence 
 Interpretation of this Division 
121.—In this Division —  
 IP/N/1/SGP/C/12 
Page 98  
 
  "if the licence had been an assignment" means if, instead of the licence, there had been 
granted (subject to conditions corresponding as n early as practicable with those subject to 
which the licence was granted) an assignment of th e copyright in respect of its application to 
the doing, at the places and times authorised by the licence, of the acts so authorised;  
 
"the other party" means —    
 
(a) in relation to the owner of the co pyright — the exclusive licensee; and  
 (b) in relation to the exclusive li censee — the owner of the copyright.  
 
[Aust. 1968, s. 117]   
 
Application 
122.—This Division shall apply to proceedings in re lation to a copyright in respect of which an 
exclusive licence has been granted and is in force at  the time of the events to which the proceedings 
relate.    
[Aust. 1968, s. 118]   
 
Rights of exclusive licensee 
123.—Subject to this Division, the ex clusive licensee shall, except agai nst the owner of the copyright, 
have the same rights of action as the owner of the copyright would have, and be entitled to the same 
remedies as he would be entitled to, by virtue of  sections 119, 120 and 120A if the licence had been 
an assignment, and those rights and remedies are concu rrent with the rights and remedies of the owner 
of the copyright under those sections.    
 
[38/99]  
 
[Aust. 1968, s. 119]   
 
Joinder of owner or exclusive licensee as party 
124.—Where —  
 
(a) an action is brought by the owner of the copyright or by the exclusive licensee; and   (b) the action, insofar as it is brought under sec tion 119, relates, in whole or in part, to an 
infringement in respect of which the owner and the licensee have concurrent rights of action 
under that section,  
 the owner or licensee, as the case may be, shall be entitled to proceed with the action without 
joining the other party as a plainti ff or adding the other party as a defendant in the action, unless the 
court orders otherwise.    
 
[52/2004]  
 
[Aust. 1968, s. 120 (1)]   
 
Defences available against exclusive licensee 
125.—In an action brought by the exclusive licensee by virtue of this Division, a defence under this 
Act that would have been available to a defendant in the action if the action had been brought by the 
owner of the copyright shall be available to th at defendant as against the exclusive licensee.   
  IP/N/1/SGP/C/12 
 Page 99 
 
 
  [Aust. 1968, s. 121]   
 
Assessment of damages where exclusive licence granted 
126.—Where an action to which section 124 applies is brought and the owner of the copyright and the 
exclusive licensee are not both plaintiffs in the ac tion, the court, in assessing damages or statutory 
damages in respect of an infringement of a kind referred to in that section, shall —  
 
(a) if the plaintiff is the exclusive licensee — take into account any liabilities, in respect of 
royalties or otherwise, to which the licence is subject; and   
(b) whether the plaintiff is the owner of the co pyright or the exclusive licensee — take into 
account any pecuniary remedy already awarded to  the other party under section 119 in respect 
of that infringement, or any right of action exercisable by the other party under that section in respect of that infringement, as the case requires.    
 
[52/2004]  
 
[Aust. 1968, s. 122]   
 
Apportionment of profits between owner and exclusive licensee 
127.—Where —  
 
(a) an action, insofar as it is brought under sec tion 119, relates, in whole or in part, to an 
infringement in respect of which the owner of  the copyright and the exclusive licensee have 
concurrent rights of action under that section; and   
(b) in that action, whether the owner of th e copyright and the exclusive licensee are both 
parties or not, an account of profits is directed to be taken in respect of that infringement,  
 then, subject to any agreement of which the court is aware by which the application of those profits is 
determined as between the owner of the copyright and the exclusive licensee, the court shall apportion 
the profits between them in such a manner as the cour t considers just and shall give such directions as 
the court considers appropriate for giving effect to that apportionment.   
 
[Aust. 1968, s. 123]   
 
Separate actions in relation to the same infringement 
128.—In an action brought by the owner of the copyright or by the exclusive licensee —  
 
(a) a judgment or order for the payment of damages or statutory damages in respect of an infringement of copyright shall not be given or made under section 119 if a final judgment or 
order has been given or made in favour of the other party directing an account of profits under 
that section in respect of the same infringement; and  
 
(b) a judgment or order for an account of profits in respect of an infringement of copyright shall not be given or made under that section if  a final judgment or order has been given or 
made in favour of the other party awarding da mages or statutory damages or directing an 
account of profits under that section in respect of the same infringement.    
 
[52/2004]  
 
[Aust. 1968, s. 124]   
 IP/N/1/SGP/C/12 
Page 100  
 
  Liability for costs 
129.—Where, in an action to which section 124 app lies, whether brought by the owner of the 
copyright or by the exclusive licen see, the other party is not join ed as a plaintiff (either at the 
commencement of the action or at a later time), but  is added as a defendant, the other party is not 
liable for any costs in the action unless he enters an  appearance and takes part in the proceedings.   
 
[Aust. 1968, s. 125]   
 
 
Division 4 — Proof of Facts in Copyright Proceedings 
 
Presumptions as to subsistence and ownership of copyright 
130.—(1) In an action brought by virtue of this Part —  
 
(a) copyright shall be presumed to subsist in the work or other subject-matter to which the 
action relates if the defendant does not put in i ssue the question whether copyright subsists in 
the work or other subject-matter; and   (b) where the subsistence of the copyright is established — the plaintiff shall be presumed to 
be the owner of the copyright if he claims to be the owner of the copyright and the defendant 
does not put in issue the question of his ownership.  
 
(1A) Where the defendant puts in issue the question of whether copyright subsists in the work or 
other subject-matter or whether the plaintiff is th e owner of the copyright, but does not satisfy the 
court that he does so in good faith, the presumption as to the subsistence or ownership of copyright 
under subsection (1) ( a) or ( b), as the case may be, shall apply no twithstanding that the defendant puts 
that question in issue.    
 
[52/2004]  
 
(1B) Where the defendant, in good faith, puts in issu e the question of whether copyright subsists in 
the work or other subject-matter or whether the plai ntiff is the owner of the copyright, an affidavit 
made on behalf of the plaintiff in which the plainti ff makes assertions of facts relevant to showing —  
 
(a) that copyright subsists in the work or other subject-matter; and  
 (b) that he is the owner of the copyright,  
 
shall be admitted in evidence and shall be prima facie proof of the matters stated therein until the contrary is proved, unless the court directs that or al evidence be adduced to prove those matters.    
 
[52/2004]  
 
(2) Where a defendant, without good faith, puts in issu e the questions of whether copyright subsists in 
a work or other subject-matter to which the action rela tes, or the ownership of copyright in such work 
or subject-matter, thereby occasioning unnecessary costs or delay in the proceedings, the court may direct that any costs to the defendant in respect of  the action shall not be allowed to him and that any 
costs occasioned by the defendant to other parties sh all be paid by him to such other parties.   
 
[Aust. 1968, s. 126]   
  IP/N/1/SGP/C/12 
 Page 101 
 
 
  Presumptions in relation to authorship of work 
131.—(1) Where a name purporting to be that of the au thor of a literary, dramatic, musical or artistic 
work appeared on copies of the work as published or a name purporting to be that of the author of an 
artistic work appeared on the work when it was ma de, the person whose name so appeared, if it was 
his true name or a name by which he was commonly known, shall, in an action brought by virtue of 
this Part, be presumed, unless the contrary is establis hed, to be the author of the work and to have 
made the work in circumstances to which sec tion 30 (4), (5) and (6) does not apply.   
 (2) Where a work is alleged to be a work of joint authorship, subsection (1) sh all apply in relation to 
each person alleged to be one of the authors of th e work as if references in that subsection to the 
author were references to one of the authors.   
 (3) Where, in an action brought by virtue of this Part in relation to a photograph —   
(a) it is established that, at the time when th e photograph was taken, a person was the owner 
of the material on which the photograph was taken or, if the ownership of that material as at 
that time is not established, that a person was the owner of the apparatus by which the 
photograph was taken; or   (b) neither the ownership as at the time when the photograph was taken of the material on which it was taken nor the ownership as at that ti me of the apparatus by which it was  taken is 
established but it is established that, at the ti me of the death of a person, the photograph was 
owned by the person or, if the ownership of the photograph as at that time is not established, was in the possession or custody of the person,  
 the person shall be presumed, unless the contrary is  established, to have been the person who took 
the photograph.   
 
[Aust. 1968, s. 127]   
 
Presumptions in relation to publisher of work 
132.—Where, in an action brought by virtue of this Pa rt in relation to a literary, dramatic, musical or 
artistic work, section 131 does not apply, but it is established —  
 
(a) that the work was first published in Singa pore and was so published during the period of 
70 years that ended immediately before the co mmencement of the calendar year in which the 
action was brought; and  
 
(b) that a name purporting to be that of the publisher appeared on copies of the work as first published,  
 then, unless the contrary is establis hed, copyright shall be presumed to subsist in the work and the 
person whose name so appeared shall be presumed to  have been the owner of that copyright at the 
time of the publication.    
 
[21/2004]  
 
[Aust. 1968, s. 128]   
 
Presumptions where author has died 
133.—(1) Where, in an action brought by virtue of th is Part in relation to a literary, dramatic, musical 
or artistic work, it is established that the author is dead —   IP/N/1/SGP/C/12 
Page 102  
 
  (a) the work shall be presumed to be an origin al work unless the contrary is established; and  
 (b) if it is alleged by the plaintiff that a pub lication specified in the allegation was the first 
publication of the work, and that it took place in a country and on a date so specified, that 
publication shall be presumed, unless the contra ry is established, to have been the first 
publication of the work, and to have taken place in that country and on that date.  
 (2) Where —   
(a) a literary, dramatic, musical or artistic work has been published;  
 
(b) the publication was anonymous or is alleged by the plaintiff to have been pseudonymous; 
and   (c) it is not established that the work has ev er been published under the true name of the 
author, or under a name by which he was commonly known, or that the identity of the author 
is generally known or can be ascertained by reasonable inquiry,  
 subsection (1) ( a) and ( b) shall apply, in an action brought by vi rtue of this Part in relation to the 
work, in like manner as that subsection shall apply wher e it is established that the author is dead.    
 [Aust. 1968, s. 129]   
 
Evidence in relation to proceedings 
134.—In an action brought by virtue of this Part in  relation to copyright in a sound recording, if 
records embodying the recording as supplied to the public bear a label or other mark stating —  
 
(a) that a person specified on the label or mark was the owner of copyright in the recording;  
 (b) that the recording was first pub lished in a specified year; or  
 (c) that the recording was first published in a specified country,  
 
the label or mark shall be sufficient evidence of the facts so stated except inso far as the contrary is 
established.     
[6/98]  
 
[Aust. 1968, s. 130]   
 
Presumptions in relation to maker of film 
135.—Where the name of a person appeared on copies of a cinematograph film as made available to 
the public in such a way as to imply that the person was the maker of the film and, in the case of a 
person other than a body corporate, that name wa s his true name or a name by which he was 
commonly known, that person shall, in an action br ought by virtue of this Part, be presumed, unless 
the contrary is established, to be the maker of the film and to have made the film in circumstances to 
which section 98 (3) does not apply.    [Aust. 1968, s. 131]   
 
  IP/N/1/SGP/C/12 
 Page 103 
 
 
  Division 5 — Offences 
 
Offences 
136.—(1) A person who at a time when copyright subsists in a work —  
 
(a) makes for sale or hire;  
 (b) sells or lets for hire, or by way of trade offers or exposes for sale or hire; or   (c) by way of trade exhibits in public,  
 
any article which he knows, or ought reasonably to k now, to be an infringing copy of the work shall 
be guilty of an offence and shall be liable on conv iction to a fine not exceeding $10,000 for the article 
or for each article in respect of which the offen ce was committed or $100,000, whichever is the lower, 
or to imprisonment for a term not exceeding 5 years or to both.    
 
[6/98]  
 
(2) A person who at a time when copyright subsists  in a work has in his possession or imports into 
Singapore any article which he knows,  or ought reasonably to know, to be an infringing copy of the 
work for the purpose of —  
 
(a) selling, letting for hire, or by way of trade o ffering or exposing for sale or hire, the article;  
 (b) distributing the article for the purpose of trade, or for any other purpose to an extent that will affect prejudicially the owner of the copyright in the work; or  
 
(c) by way of trade exhibiting the article in public,  
 shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 for the 
article or for each article in respect of which th e offence was committed or $100,000, whichever is the 
lower, or to imprisonment for a term not exceeding 5 years or to both.    
 
[6/98]  
 
(3) Any person who, at a time when copyright  subsists in a work, distributes, either —  
 
(a) for purposes of trade; or  
 (b) for other purposes, but to such an extent as to affect prejudicially the owner of the 
copyright,  
 articles which he knows, or ought reasonably to know , to be infringing copies of the work, shall be 
guilty of an offence and shall be liable on conviction to a fine not exceeding $50,000 or to 
imprisonment for a term not exceeding 3 years or to both.    (3A) Where, at any time when co pyright subsists in a work —  
 
(a) a person does any act that constitutes an infringe ment of the copyright in a work other than 
an act referred to in subsection (1), (2), (3) or (6);   (b) the infringement of the copyright in the work by the person is wilful; and  
 IP/N/1/SGP/C/12 
Page 104  
 
  (c) either or both of the following apply:  
 
(i) the extent of the infringement is significant;   (ii) the person does the act to obtain a commercial advantage,  
 
the person shall be guilty of an offence and sha ll be liable on conviction to a fine not exceeding 
$20,000 or to imprisonment for a term not exceeding 6 months or to both and, in the case of a second 
or subsequent offence, to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 3 
years or to both.    
 
[52/2004]  
 
(4) A person who, at a time when copyright subsists in a work, makes or has in his possession an article specifically designed or adapted for making copies of the work that the person knows, or ought 
reasonably to know, is to be used for making infri nging copies of the work, shall be guilty of an 
offence and shall be liable on conviction to a fine  not exceeding $20,000 for each such article in 
respect of which the offence is committed or to imprisonment for a term not exceeding 2 years or to 
both.     
[6/98]  
 
(5) Subsections (1) to (4) shall apply in relation to copyright subsisting in any subject-matter by 
virtue of Part IV in like manner as they apply in rela tion to copyright subsisting in a work by virtue of 
Part III.    
(6) Any person who for his private profit causes a literary, dramatic or musical work to be performed 
in public, or causes a cinematograph film to be seen or heard or seen and heard in public, other than 
by the reception of a television broadcast or cable  programme, where he knows, or ought reasonably 
to know, that copyright subsists in the work or cinematograph film and that the performance 
constitutes an infringement of the copyright, shall be guilty of an offence and shall be liable on 
conviction to a fine not exceeding $20,000 or to impr isonment for a term not exceeding 2 years or to 
both.   
 (6A) For the purposes of subsection (3A) ( c) (i), in determining whether the extent of the infringement 
is significant, the court shall have regard to —   
(a) the volume of any articles that are infringing copies;  
 (b) the value of any articles that are infringing copies;   (c) whether the infringement has a substantial prejudicial impact on the owner of the copyright; and  
 
(d) all other relevant matters.    
 
[52/2004]  
 
(6B) For the purposes of subsection (3A) ( c) (ii), a person does an act for the purpose of obtaining a 
commercial advantage if the act is done to obtain a di rect advantage, benefit or financial gain for a 
business or trade carried on by him.     
[52/2004]   IP/N/1/SGP/C/12 
 Page 105 
 
 
   
(7) For the purposes of this section (other than s ubsection (3A)), any person who has in his possession 
5 or more infringing copies of any work or other subject-matter shall,  unless the contrary is proved, be 
presumed —   
(a) to be in possession of such copies otherwi se than for private and domestic use; or  
 (b) to be in possession of such copies for the purpose of sale.    
 
[52/2004]  
 
(8) The court before which a person is charged with an offence by reason of a contravention of any of 
the provisions of this section may, whether he is convi cted of the offence or not, order that any article 
that appears to the court to be an infringing copy  or any article which has been used for making 
infringing copies in the possession of the alleged o ffender or before the c ourt, be destroyed or 
delivered up to the owner of the copyright concer ned or otherwise dealt with in such manner as the 
court thinks fit.    
[6/98;38/99;52/2004]  
 
(9) If information is given upon oath to a court that there is reasonable cause for suspecting that 
there is in any premises any article or document which is evidence that an offence under subsection 
(1), (2), (3), (3A) or (4) has been committed, the court may issue, either unconditionally or subject to 
such conditions as the court thinks fit, a warrant authorising a police officer to enter and search the 
premises for the articles and documents which are speci fied in the warrant, whether specifically or in 
any general category, and to seize any such articles and documents found at the premises.    
 
[52/2004]  
 
(10) If an article was seized under subsection (9) and —   
(a) in proceedings brought under this section, no  order is made under subsection (8) as to the 
article; or  
 (b) no such proceedings are instituted within 6 months of the seizure,  
 the article shall be returned to the person in w hose possession it was when it was seized or, if it is not 
reasonably practicable to return it to that person,  shall be disposed of in accordance with the law 
regulating the disposal of lost or unclaimed property in the hands of police authorities.     
[6/98]  
 
(11) If a document was seized under subsection (9) and no proceedings under this section are 
instituted within 6 months of the seizure, the document and all copies of the document shall be 
returned to the person in who se possession the document was when it was seized or, if it is not 
reasonably practicable to return the document and c opies to that person, shall be disposed of in 
accordance with the law regulating the disposal of lost or unclaimed property in the hands of police 
authorities.    
 
[6/98]  
 IP/N/1/SGP/C/12 
Page 106  
 
  (12) In this section —  
 
"document" means anything in which inform ation of any description is recorded;  
 "premises" includes any land, building, structure and conveyance.     
 
[6/98]  
 
[Aust. 1968, s. 132]   
 
Affidavit evidence 
137.—(1) An affidavit made before a notary public by or on behalf of the owner of the copyright in 
any work or other subject-matter and stating —   
(a) that at the time specified therein, copyright subsisted in the work or other subject-matter;  
 
(b) that he or the person named therein is the owner of the copyright; and   (c) that the copy of the work or other subject-m atter annexed thereto is a true copy thereof,  
 shall be admitted in evidence in any proceedings fo r an offence under this Part and shall be prima 
facie proof of the matters stated therein until the contrary is proved.   
 (2) The court before which such affidavit is produced  shall presume that the affidavit was made by or 
on behalf of the owner of the copyright.    
(3) If an accused to any proceedings for an offence under this Part d esires in good faith that the person 
who made an affidavit referred to in subsection (1) be cross-examined with respect to the matters in 
the affidavit, the affidavit may not be used in th e proceedings unless the person appears as a witness 
for such cross-examination or the court before which the proceedings are being conducted, in its 
discretion, permits the affidavit to be u sed without the person so appearing.   
 [Aust. 1968, s. 134A]   
 
Powers of police officer 
138.—(1) Any police officer may arrest without warrant  any person who, in any street or public place 
—  
 
(a) sells or exposes or offers for sale; or   (b) has, or is reasonably suspected of havi ng, in his possession for the purpose of selling or 
letting for hire,  
 
any infringing copy of any work or other subject-matter.   
 (2) Any authorised officer may, without a warrant issued under section 136 (9) —  
 
(a) stop, search and board, whether forcibly or otherwise, any conveyance in which he 
reasonably suspects that there is any infringing co py of any work or other subject-matter; and  
 (b) seize, remove or detain any such infringing  copy and anything which appears to him —  
 
(i) to be or to contain; or   IP/N/1/SGP/C/12 
 Page 107 
 
 
   
(ii) to be likely to be or to contain,  
  evidence of an offence under this Act.    
[52/2004]  
 
(3) In this section, "authorised officer" means —   
(a) a police officer;  
 
(b) an officer of customs as defined in the Customs Act (Cap. 70);   (c) an immigration officer as defined in the Immigration Act (Cap. 133); or   
(d) any officer or class or description of officers appointed by the Minister, by notification in 
the Gazette , to exercise the powers and perform the duties conferred and imposed on an 
authorised officer by this section.    
 
[52/2004]  
 
Advertisement for supply of infringing copies of computer programs 
139.—(1) Any person who, by any means, publishes, or causes to be published, in Singapore an 
advertisement for the supply in Singapore (whether fr om within or outside Si ngapore) of a copy of a 
computer program which is an infringing copy sha ll, unless he proves that he acted in good faith and 
had no reasonable grounds for supposing that copyri ght would or might thereby be infringed, be 
guilty of an offence and shall be liable on conviction to a fine not exceeding $20,000 or to 
imprisonment for a term not exceeding 2 years or to both.    (2) For the purposes of this section, a transmission of a computer program that, when received and 
recorded, will result in the creation of a copy of th e computer program shall be deemed to constitute 
the supply of a copy of the computer program at the place where the copy will be created.   
 
[Aust. 1968, s. 133A (as amended by Aust. Am. 1984, s. 6 and Aust. Am. 1986, s. 17)]   
 
Court for trial of offences 
140.—Notwithstanding the provisions of any written law to the contrary, a District Court or 
Magistrate’s Court shall have jurisdiction to tr y any offence under this Act and award the full 
punishment for such offence.    
Division 6 — Border Enforcement Measures 
 
Interpretation of this Division and Division 7 
140A. —In this Division and Division 7, unl ess the context otherwise requires —  
 
"aircraft" has the same meaning as in the Regul ation of Imports and E xports Act (Cap. 272A);  
 
"authorised officer" means —    
 
(a) an officer of customs as defined in section 3 of the Customs Act (Cap. 70); or   IP/N/1/SGP/C/12 
Page 108  
 
  (b) any officer or class or description of officers appointed by the Minister by 
notification in the Gazette  to exercise the powers and perform the duties conferred 
and imposed on an authorised officer by this Division and Division 7;  
 
"copyright material" means —    
 
(a) a work;   (b) a sound recording;   
(c) a cinematograph film;  
 (d) a published edition of a work; or   (e) a television or a sound broadcast as recorded in a cinematograph film or a sound 
recording;  
 
"Director-General" means the Director-General of Customs appointed under section 4 (1) of 
the Customs Act;   "goods in transit" means goods imported, wh ether or not landed or transhipped within 
Singapore, which are to be carried to anot her country either by the same or another 
conveyance;   "master" has the same meaning as in the Regula tion of Imports and Exports Act (Cap. 272A);  
 
"objector", in relation to particular seized c opies, means the person who gave the notice under 
section 140B (1) as a result of the giving of which the copies were seized;   "owner", in relation to the co pyright in copyright material, includes an exclusive licensee of 
the copyright in the material;   
"pilot of an aircraft" has the same meaning as in the Regulati on of Imports and Exports Act;  
 "seized copies" means copies seized under section 140B (7);  
 
"senior authorised officer" means —    
 
(a) a senior officer of customs as defined in section 3 of the Customs Act; and   (b) any officer or class or description of officers appointed by the Minister by 
notification in the Gazette  to exercise the powers and perform the duties conferred 
and imposed on a senior authorised officer by Division 7;  
 
"vehicle" has the same meaning as in the Regula tion of Imports and Exports Act (Cap. 272A);  
 "vessel" has the same meaning as in the Regulation of Imports and Exports Act.     
 
[6/98; 4/2003]  
 
[Aust. 1968, s. 134B]   
  IP/N/1/SGP/C/12 
 Page 109 
 
 
  Restriction of importation of copies of works, etc. 
140B. —(1) A person who is the owner of the copyright in any copyright material or a licensee thereof 
may give the Director-General a written notice —   
(a) stating that he is —  
 
(i) the owner of the copyright in the copyright material; or   (ii) a licensee thereof having the power to give such a notice;  
 
(b) stating that copies of the copyright material  which are infringing copies are expected to be 
imported;   (c) providing sufficient information —  
 
(i) to identify the copies of the copyright material;  
 (ii) to enable the Director-General to ascertain the time when and place where the 
copies are expected to be imported; and   (iii) to satisfy the Director-General th at the copies are infringing copies; and  
 
(d) stating that he objects to such importation.   
 
[52/2004]  
 
(2) A notice given under subsection (1) shall be s upported by such documents and information as may 
be prescribed in regulations.     
[6/98]  
 
(3) Subject to subsection (4), this section shall appl y to copies of copyright material made wholly or 
partly outside Singapore the making of which was carri ed out without the consent of the owner of the 
copyright.     
[6/98]  
 
(4) This section shall not apply to copies of copy right material which are goods in transit.    
 
[6/98]  
 
(5) Unless it is revoked under subsection (6), a noti ce under subsection (1) shall remain in force until 
—  
 
(a) the end of the period of 60 days commencing on the day on which the notice was given; or   (b) the end of the period for which the copyright in the copyright material to which the notice 
relates is to subsist,  
 
whichever is the earlier.     
[6/98]  
 IP/N/1/SGP/C/12 
Page 110  
 
  (6) A notice under subsection (1) may be revoked by written notice given to the Director-General by 
the person who gave the first-mentioned notice or by a subsequent owner of  the copyright in the 
copyright material to which the notice relates.    
[6/98]  
 
(7) If —   
(a) a notice has been given under this section in respect of copyright material;   
(b) the notice has not lapsed or been revoked; and  
 (c) a person imports copies of the copyright ma terial to which this section applies for the 
purpose of —  
 
(i) selling, letting for hire, or by way of trade offering or exposing for sale or hire, the 
copies;   (ii) distributing the copies for the purpose of trade;   (iii) distributing the copies for any other purpose to an extent that will affect 
prejudicially the owner of the copyri ght in the copyright material; or  
 
(iv) by way of trade exhibiting the copies in public,  
 an authorised officer may seize the copies.    
 
[6/98]  
 
(8) The Minister may make regulations to provide for —   
(a) the forms of notices under this section;  
 
(b) the times at which, and the manner in  which, notices are to be given; and  
 (c) the giving of information and evidence to the Director-General.    
 
[6/98]  
 
[Aust. 1968, s. 135]   
 
Security for liability or expense of seizure 
140C. —An authorised officer may refuse to seize copies under section 140B (7) unless —  
 
(a) the objector has deposited with the Director-G eneral a sum of money that, in the opinion 
of the Director-General, is sufficient to re imburse the Government for any liability or 
expense it is likely to incur as a result of the seizure of the copies and pay such compensation 
as may be ordered by the court under section 140I (7) or 140IA (2); or  
  IP/N/1/SGP/C/12 
 Page 111 
 
 
  (b) the objector has given security, to the sa tisfaction of the Director-General, for the 
reimbursement of the Government for any such liability or expense.    
 
[6/98;38/99]  
 
[Aust. 1968, s. 135AA]   
 
Secure storage of seized copies 
140D. —Seized copies shall be taken to such secure place as the Director-General directs.    
 
[6/98]  
 
[Aust. 1968, s. 135AB]   
 
Notice of seizure 
140E. —(1) As soon as is practicable after copies ar e seized under section 140B (7), the Director-
General shall give to the importer and the objector , either personally or by post, a written notice 
identifying the copies and stating that th e identified copies have been seized.    
 
[6/98]  
 
(2) A notice under subsection (1) shall state that th e copies will be released to the importer unless —  
 
(a) an action for infringement of copyright in resp ect of the copies is instituted by the objector 
within a specified period from the day specified in the notice; and   
(b) the objector gives written no tice to the Director-General with in that period stating that the 
action for infringement of copyright has been instituted.    
 
[6/98]  
 
(3) The period to be specified for the purposes of paragraph ( a) of subsection (2) is the period 
prescribed for the purposes of that paragraph.    
 
[6/98]  
 
(4) The day specified for the purposes of subsection (2) ( a) shall not be earlier than the day on which 
the notice is given.    
 
[6/98]  
 
(5) The objector may, by written notice given to th e Director-General before the end of the period 
specified in a notice for the purposes of subsection (2) ( a) (the retention period), request that the 
period be extended.    
 
[6/98]  
 
(6) Subject to subsection (7), if —  
 
(a) a request is made in accordance with subsection (5); and   IP/N/1/SGP/C/12 
Page 112  
 
  (b) the Director-General is satisfied that it is reasonable that the request be granted,  
 the Director-General may extend the retention pe riod by such period as is prescribed.    
 
[6/98]  
 
(7) A decision on a request made in accordance with  subsection (5) shall be made within 2 working 
days after the request is made, but such a decision ca nnot be made after the end of the retention period 
to which the request relates.     
[6/98]  
 
[Aust. 1968, s. 135AC]   
 
Inspection, release, etc., of seized copies 
140F. —(1) The Director-General may permit the objector or the importer to inspect the seized copies. 
    
[6/98]  
 
(2) If the objector gives the Director-General th e requisite undertakings, the Director-General may 
permit the objector to remove one sample of the seized copies from the custody of the Director-
General for inspection by the objector.     
[6/98]  
 
(3) If the importer gives the Director-General the requisite undertakings, the Director-General may 
permit the importer to remove one sample of the seized copies from the custody of the Director-General for inspection by the importer.     
[6/98]  
 
(4) The requisite undertakings are undertakings in wr iting that the person giving the undertaking will 
—   
(a) return the sample copy to the Director-General  at a specified time that is satisfactory to the 
Director-General; and  
 
(b) take reasonable care to prevent damage to the sample copy.    
 
[6/98]  
 
(5) If the Director-General permits inspection of th e seized copies, or the removal of a sample copy, 
by the objector in accordance with th is section, the Director-General is not liable to the importer for 
any loss or damage suffered by the importer arising out of —   
(a) damage to any of the seized copies incurred during that inspection; or    IP/N/1/SGP/C/12 
 Page 113 
 
 
  (b) anything done by the objector or any other person to, or in relation to, a sample copy 
removed from the custody of the Director-General or any use made by the objector of such a 
sample copy.    
 
[6/98]  
 
[Aust. 1968, s. 135AD]   
 
Forfeiture of seized copies by consent 
140G. —(1) Subject to subsection (2), the importer may, by written notice to the Director-
General, consent to the seized copies being forfeited to the Government.   
 
[6/98]  
 
(2) The notice shall be given before any action for in fringement of copyright in relation to the copies 
is instituted.    
 
[6/98]  
 
(3) If the importer gives such a notice, the copies  are forfeited to the Government and shall be 
disposed of —  
 
(a) in the manner prescribed by the regulations; or   (b) if no manner of disposal is so prescribed, as the Director-General directs.    
 
[6/98]  
 
[Aust. 1968, s. 135AE]   
 
Compulsory release of seized copies to importer 
140H. —(1) The Director-General shall release sei zed copies (not being copies forfeited to the 
Government under section 140G) to the importer on th e expiration of the retention period for the 
copies if the objector has not, before the expiration of that period —   
(a) instituted an action for infringement of the rele vant copyright in respect of the copies; and  
 
(b) given written notice to the Director-General st ating that the action has been instituted.    
 
[6/98]  
 
(2) For the purpose of subsection (1), the retention period for seized copies is —   
(a) the period specified in a notice given under section 140E in respect of the copies; or  
 (b) if that period has been extended under section 140E, that period as so extended.    
 
[6/98]  
 
(3) If —   
(a) an action for infringement of copyright has b een instituted in respect of seized copies; and  
 IP/N/1/SGP/C/12 
Page 114  
 
  (b) at the end of the period of 3 weeks commencing on the day on which the action was 
instituted, there is not in force an or der of the court in which the action was 
instituted preventing the release of the copies,  
 the Director-General shall release the copies to the importer.    
 
[6/98]  
 
(4) If the objector gives written notice to the Director-G eneral stating that he consents to the release of 
the seized copies, the Director-General sha ll release the copies to the importer.    
 
[6/98]  
 
(5) This section shall have effect subject to section 140J.     
[6/98]  
 
[Aust. 1968, s. 135AF]   
 
Provision relating to actions for infringement of copyright 
140I. —(1) In this section and section 140IA, "infringement action" means an action for an 
infringement of copyright constituted by the importation of seized copies.    
 
[6/98;38/99]  
 
(2) The court in which an infringement action is pe nding may, on the application of a person having a 
sufficient interest in the subject-matter of the acti on, allow the person to be joined as a defendant to 
the action.     
[6/98]  
 
(3) An authorised officer is entitled to be hear d on the hearing of an infringement action.    
 
[6/98]  
 
(4) In addition to any relief that may be gran ted apart from this section, the court may —  
 
(a) at any time, order that the seized copies be released to the importer subject to such 
conditions, if any, as the court thinks fit;   (b) order that the seized copies not be released to the importer before the end of a specified 
period; or   
(c) order that the goods be forfeited to the Government.    
 
[6/98]  
 
(5) A court may not make an order under subsection (4) ( a) if it is satisfied that the Government or 
any statutory authority is required or permitted unde r any other law to retain control of the seized 
copies.     
[6/98]  
  IP/N/1/SGP/C/12 
 Page 115 
 
 
  (6) The Director-General shall comply with  an order made under subsection (4).    
 
[6/98]  
 
(7) If —  
 
(a) the action is dismissed or discontinued, or the court decides that the relevant copyright 
was not infringed by the importation of the seized copies; and   (b) a defendant to the infringement action sa tisfies the court that he has suffered loss or 
damage as a result of the seizure of the copies,  
 the court may order the objector to pay compensation in such amount as the court thinks fit to that defendant.     
[6/98;38/99]  
 
[Aust. 1968, s. 135AG]   
 
Compensation for failure to take action 
140IA. —(1) Where copies have been seized pursuant to a notice given under section 140B and the 
objector concerned fails to take infringement acti on within the retention period for the copies, a 
person aggrieved by such seizure may apply to th e court for an order of compensation against the 
objector.     
[38/99]  
 
(2) Where the court is satisfied that the appli cant had suffered loss or damage as a result of the 
seizure of the copies, the court may order the obj ector to pay compensation in such amount as the 
court thinks fit to the applicant.     
[38/99]  
 
(3) For the purposes of subsection (1), the retention period for seized copies is —  
 
(a) the period specified in a notice given unde r section 140E in respect of the copies; and  
 
(b) if that period has been extended under section 140E, that period as so extended.    
 
[38/99]  
 
[Aust. 1968, s. 135AG (7)]   
 
Retention of control of seized copies 
140J. —Notwithstanding section 140H, in a case in which no order has been made under 
section 140I (4) in relation to seized copies, the Dir ector-General is not obliged to release or dispose 
of the copies if the Government is required or perm itted, under any other law, to retain control of the 
copies.   
 
[6/98]  
 
[Aust. 1968, s. 135AH]   
 IP/N/1/SGP/C/12 
Page 116  
 
  Disposal of seized copies ordered to be forfeited 
140K. —If a court orders that seized copies are to be forfeited to the Government, the copies shall be 
disposed of —   
(a) in the manner prescribed by the regulations; or  
 
(b) if no manner of disposal is so prescribed, as the Director-General directs.    
 
[6/98]  
 
[Aust. 1968, s. 135AI]   
 
Insufficient security 
140L. —(1) If the reasonable expenses incurred by the Di rector-General in relation to any action taken 
by the Director-General under this Division, or take n in accordance with an order of a court under this 
Division exceed the amount deposited, or the amount of the security given, under section 140C, the 
amount of the excess is a debt due to the Government.     
[6/98]  
 
(2) The debt created by subsection (1) is due by th e objector, or, if there are 2 or more objectors, 
by the objectors jointly and severally.    
 
[6/98]  
 
[Aust. 1968, s. 135AJ]   
 
Detention of infringing copies 
140LA. —(1) Notwithstanding section 140B (4), any authorised officer may —  
 
(a) detain any copies of copyright material —  
 
(i) that are imported into, or that are to be exported from, Singapore; and  
 (ii) that are not goods in transit, unless th e copies are consigned to any person with a 
commercial or physical presence in Singapore; or  
 
(b) examine any copies of copyright material, including goods in transit,  
 which he reasonably suspects are infringing copies of any copyright material.     
[52/2004]  
 
(2) As soon as practicable after the copies of copy right material are detained under subsection (1) 
(a), the Director-General shall give —  
 
(a) to the importer, exporter or consignee, as the case may be, of the detained copies; and  
 
(b) to the owner of the copyright in the copyright material,  
 a written notice identifying the copies, stating that th ey have been detained and setting out the matters 
referred to in subsection (3).      IP/N/1/SGP/C/12 
 Page 117 
 
 
  [52/2004]  
 
(3) The detained copies of copyright material shall be released to the importer, exporter or consignee, 
as the case may be, of the copies, unless, within th e prescribed period, the owner of the copyright in 
the copyright material —  
 
(a) in the case of copies that are imported into Singapore and that are not goods in transit —  
 
(i) gives the Director-General the written notice referred to in section 140B (1);  
 
(ii) submits to the Director-General the documents and information referred to in 
section 140B (2); and  
 
(iii) deposits with the Director-Gener al the sum of money referred to in 
section 140C ( a) or gives the security referred to in section 140C ( b); or  
 
(b) in the case of copies that are to be exported from Singapore or copies that are goods in transit and consigned to a person with a co mmercial or physical presence in Singapore —  
 
(i) institutes an action for the infringement of his copyright;   
(ii) serves on the Director-General an order of the court authorising the further 
detention of the copies; and   (iii) deposits with the Director-General a sum of money that, in the opinion of the 
Director-General, is sufficient to —  
 
(A) reimburse the Government for any lia bility or expense it has and is likely 
to further incur as a result of the detention of the copies; and   (B) pay such compensation to any person who suffers loss or damage as a result of the detention of the copies as may be ordered by the court,  
 
or gives security, to the satisfaction of th e Director-General, for the reimbursement of 
the Government for any such liability or expense and the payment of such 
compensation.   
 
[52/2004]  
 
(4) Every order of the court authorising the fu rther detention of copies under subsection (3) ( b) (ii) 
shall be subject to the condition that the owner of  the copyright in the copyright material complies 
with subsection (3) ( b) (iii) within the period prescribed under subsection (3).    
 
[52/2004]  
 
(5) Where the court has made an order auth orising the further detention of copies under 
subsection (3) ( b) (ii) —  
 
(a) the detained copies shall be taken to such secu re place as the Director-General directs; and  
 (b) sections 140F and 140G and 140I to 140L sh all apply, with the necessary modifications, 
to the further detention of the copies, a nd for the purposes of such application —  
 IP/N/1/SGP/C/12 
Page 118  
 
  (i) any reference to the objector shall be read as a reference to the owner of the 
copyright in the copyright material;   (ii) any reference to the importer shall be read as a reference to the exporter or consignee, as the case may be, of the detained copies;  
 
(iii) any reference to the seized copies sha ll be read as a reference to the detained 
copies;   (iv) any reference to the seizure of copies sh all be read as a reference to the detention 
or further detention of the copies;  
 (v) any reference to the import or importation of copies shall be read —  
 
(A) in the case of copies that are to be exported from Singapore, as a 
reference to the export of the copies; or  
 (B) in the case of copies that are goods in  transit and that are consigned to a 
person with a presence in Singapore, as a reference to the import, importation or export, of the copies by the consignee;  
 
(vi) any reference to infringement action shall be read as a reference to an action for 
the infringement of the copyright in the copyright material under 
subsection (3) ( b) (i); and  
 (vii) any reference to the retention period sh all be read as a reference to the prescribed 
period under subsection (3).    
 
[52/2004]  
 
 
Division 7 — Powers of Search 
 
Powers of search in relation to  vessels, aircrafts and vehicles 
140M. —(1) A senior authorised officer or an authori sed officer acting in accordance with the general 
or special directions of a senior authorised o fficer may board any conveyance in Singapore and may 
rummage and search all parts of th e conveyance for copies of copyright  material liable to be seized 
under section 140B (7) or detained under section 140LA.   
 
[6/98;52/2004]  
 
(2) For the more effective exercise of the powers  conferred by this section, a senior authorised 
officer may do all or any of the following:  
 
(a) require the master of any vessel in Singapore to heave to;   (b) by direction to the master of any vessel or the pilot of any aircraft in Singapore, require 
the vessel or aircraft, as the case may be, not to proceed until so authorised;  
 
(c) require any documents which ought to be on board any vessel or aircraft, being documents 
relating to any goods therein, to be brought to him for inspection;    IP/N/1/SGP/C/12 
 Page 119 
 
 
  (d) break open and forcibly enter any place or receptacle in any conveyance to which he 
cannot otherwise reasonably obtain access;   (e) by direction to the master of any vessel in Singapore, require the vessel to proceed to any 
specified anchorage, wharf or place to  which the vessel may lawfully go;  
 
(f) by direction to the master of any vessel in Singapore, require him to move or discharge any cargo or other goods therein;   (g) require the person in charge of a vehicle —  
 
(i) to stop and not to proceed until so authorised; or   (ii) to bring the vehicle to any police station or examination station;  
 
(h) direct that the removal of any goods from or placed in any vessel be prohibited until so 
authorised;  
 
(i) require the master of any vessel or the pilot of any aircraft to produce a complete manifest 
of the whole cargo of the vessel or aircraft and a complete list of stores carried by that vessel or aircraft.    
 
[6/98]  
 
(3) An authorised officer may exer cise, in respect of any vehicle or any vessel not exceeding 75 tons 
net tonnage, the powers which are conferred upon a sen ior authorised officer by subsection (2) other 
than the powers conferred by paragraph ( d) of that subsection.    
 
[6/98]  
 
(4) It shall be presumed in any proceedings arising out of any thing done under this section, unless the 
contrary is proved, that any authorised officer, not being a senior authorised officer, by whom the 
thing was done was acting in accordance with the gene ral or special direction of a senior authorised 
officer.    
[6/98]  
 
(5) If any vessel or aircraft fails to comply with any lawful requisition or direction given or made 
under this section, a senior authorised officer may take all such steps as appear to him necessary to 
secure such compliance.     
[6/98]  
 
(6) Any person who contravenes this section or who fails to comply with an y lawful requisition or 
direction given or made thereunder shall be guilty of  an offence and shall be liable on conviction to a 
fine not exceeding $6,000 or to imprisonment for a term not exceeding 12 months or to both.    
[6/98]  
 
(7) An authorised officer may ex ercise the powers conferred by this section in respect of a vessel 
under way if he reasonably suspects that it is not in transit through Singapore.   
 
[6/98]  IP/N/1/SGP/C/12 
Page 120  
 
   
Examination of packages 
140N. —(1) Any goods, package, box, chest or other article which is being or has recently been 
imported and in regard to which a r easonable suspicion exists that it is or that it contains a copy of 
copyright material liable to be seized under secti on 140B (7) or detained under section 140LA may be 
—  
 
(a) examined and searched by an authorised officer or detained until any person in charge 
thereof has opened it for examination and search;   
(b) subjected to such tests or analysis  as the authorised officer thinks fit;  
 (c) forcibly opened by, or by order of, a senior authorised officer to facilitate the examination 
and search except that any person in charge of th e package, box, chest or other article shall be 
afforded every reasonable facility for being presen t at the opening, examination and search; or  
 
(d) marked, locked, sealed or otherwise secured by  an authorised officer pending examination 
and search.   
 
[6/98;52/2004]  
 
(2) Any person, other than an authorised officer , who removes, opens, breaks or tampers with any 
mark, lock, seal or other means of securing any goods , package, box, chest or other article referred to 
in subsection (1) ( d) shall be guilty of an offence and shall be liable on conviction to a fine not 
exceeding $6,000 or to imprisonment for  a term  not exceeding 6 months or to both.    
 
[6/98]  
 
Power to remove packages and goods to police station or examination station 
140O. —(1) For the more convenient exercise of the powers conferred by section 140N, an authorised 
officer may remove any package, box, chest or other article or any goods to a police station or examination station or may require it to be so re moved by the owner thereof or his agent or any 
person having the custody, charge or control thereof.    
 
[6/98]  
 
(2) Any person who fails to comply with any such requisition shall be guilty of an offence and shall 
be liable on conviction to a fine not exceeding $6,000.    
 
[6/98]  
 
(3) Upon the failure by a person to comply with such  a requisition, an authorised officer may remove 
the goods in the manner provided by subsection (1) a nd all the expenses of such removal (as certified 
by a senior authorised officer) shall be recoverabl e as a fine from that person or from the owner of 
the goods.     
[6/98]  
 
Search of persons and baggage 
140P. —(1) Any person landing or being about to land or having recently landed from any vessel or 
aircraft, or leaving any vessel or aircraft in Si ngapore whether for the purpose of landing or otherwise, 
or entering or having recently entered Si ngapore by land, sea or air, shall —  
  IP/N/1/SGP/C/12 
 Page 121 
 
 
  (a) on demand by an authorised officer, either permit his person and goods  and baggage to be 
searched by the officer for any copy of c opyright material liable to be seized under 
section 140B (7) or detained under section 140LA or, together with the goods and baggage, 
accompany the officer to a police station or an  examination station, and there permit his 
person and goods and baggage to be searched in the presence and under the supervision of a 
senior authorised officer for any copy of copyright material liable to be seized under 
section 140B (7) or detained under section 140LA; or   (b) on demand by a senior authorised officer, pe rmit his person and goods and baggage to be 
searched by the officer, or in the presence and under the supervision of the officer, for  any 
copy of copyright material liable to be seized under section 140B (7) or detained under 
section 140LA.    
 
[6/98;52/2004]  
 
(2) Whenever it is necessary to cause a woman to be  searched, the search shall be made by another 
woman and with strict regard to decency.     
[6/98]  
 
(3) The goods and baggage of any person who requests to be present when they  are searched shall not 
be searched except in his presence, unless he fails to  be present after being given reasonable facility 
for being present.     
[6/98]  
 
(4) Any person who refuses to comply with any lawful demand made under this section may be 
arrested without warrant by the authorised officer making the demand.     
[6/98]  
 
Powers of authorised officers to enter certain premises 
140Q. —(1) For the purpose of exercising the powers conferred by sections 140M to 140P, an 
authorised officer may, without warrant, enter upon any islet, landing place, wharf, dock, railway or 
quay or the premises of a provider of port services or facilities licensed or exempted under the Maritime and Port Authority of Singapore Act (Cap . 170A), or of the Civil Aviation Authority of 
Singapore.    
 
[6/98]  
 
(2) In this section, "railway" has the same meaning as in the Railways Act (Cap. 263).    
 
[6/98]  
 
Obstruction 
141.—Any person who —  
 
(a) refuses any authorised officer or senior au thorised officer access to any vessel, aircraft, 
vehicle or place which the officer is entitled under this Division; or  
 (b) obstructs or hinders any authorised officer or senior authorised officer in the execution of 
any power conferred upon that officer by this Division,  
 IP/N/1/SGP/C/12 
Page 122  
 
  shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $15,000 or to 
imprisonment for a term not exceeding 12 months or to both.    
[6/98]  
  
Division 8 — Miscellaneous 
 
Limitation of actions in respect of infringement of copyright 
142.—An action shall not be brought for an infringement  of copyright, after the expiration of 6 years 
from the time when the infringement took place.   
 
[Aust. 1968, s. 134]   
 
 
 
PART VI 
 
COMPULSORY LICENCES FOR TRANSLATION AND REPRODUCTION  
OF CERTAIN WORKS 
 
Interpretation of this Part 
143.—(Repealed by Act 21 of 2004 )  
 
Licence to produce and publish translations 
144.—(Repealed by Act 21 of 2004 )  
 
Licence to reproduce and publish works for certain purposes 
145.—(Repealed by Act 21 of 2004 )  
 
Licence for domestic broadcasting organisation 
146.—(Repealed by Act 21 of 2004 )  
 
Termination of licences granted under this Part 
147.—(Repealed by Act 21 of 2004 )  
 
Discontinuation of this Part 
148.—(Repealed by Act 21 of 2004 )  
   
PART VII 
 
COPYRIGHT  TRIBUNALS 
 
Division 1 — Preliminary 
 
Interpretation of this Part 
149.—(1)   In this Part, unless the context otherwise requires —  
 
"deputy president" means a deputy president of th e Tribunals appointed by the Minister under 
section 151A(1)(b);    IP/N/1/SGP/C/12 
 Page 123 
 
 
  "licence" means a licence granted by or on beha lf of the owner or prospective owner of the 
copyright in a work or other subject-matter to do an act comprised in the copyright;  
 "licence scheme" means a scheme (including an ything in the nature of a scheme, whether 
called a scheme or tariff or called by any other name) formulated by a licensor and setting out 
the classes of cases in which the licensor is willing to grant li cences and the charges (if any) 
subject to payment of which, and the conditions  subject to which, licences would be granted 
in those classes of cases;   "licensor" means any association, body or  organisation (whether incorporated or 
unincorporated) which —    
 
(a)  carries on the business of negotiating, granting or otherwise collectively administering licences in relation to a repert oire of works or other subject-matter by 
different authors, makers or publishe rs who are not affiliated with that 
association, body or organisation within the meaning of subsection (3); and  
 (b)  negotiates, grants or otherwise collec tively administers such licences either as the 
owner or prospective owner of the copyrights in such works or other subject-matter or 
as the agent or representative of the owners  or prospective owners of the copyrights 
in such works or other subject-matter;  
 
"member" means a member of a Tribunal and includes the president or deputy president presiding over the Tribunal;   "order" includes an interim order;  
 
"organisation" means an organisation or asso ciation of persons whether corporate or 
unincorporate;   "panel" means the panel appointed by the Minister under section 151A(4);   
"party" includes a person or an organisation making representations to a Tribunal at an 
inquiry under section 157;   "president" means the president of the Tribunals appointed by the Minister under section 151A(1)(a);  
 
"proceeding", in relation to a Tribunal, includes an inquiry by the Tribunal under section 157.  
 (2) In this Part —   
(a) a reference to conditions is a reference to any conditions other than conditions relating to 
the payment of a charge;  
 (b) a reference to giving an opportunity to a person or organisation of presenting a case is a 
reference to giving the person or organisation an opportunity, at the option of the person or 
organisation, of submitting representations in wr iting, or of being heard, or of submitting 
representations in writing and being heard;  
 (c) a reference to a person who requires a licence of a particular kind includes a reference to a 
person who holds a licence of that kind if the person will, at the expiration of the period for IP/N/1/SGP/C/12 
Page 124  
 
  which the licence was granted, require a renewal of  that licence or a grant of a further licence 
of the same kind; and   (d) a reference to proceedings for infringeme nt of copyright includes a reference to 
proceedings brought in respect of an alle ged contravention of  section 136 (6).  
 
[Aust. 1968, s. 136]   
 
(3) For the purpose of the definition of "licensor" in subsection (1), the author, maker or publisher of 
any work or other subject-matter is affiliated with  the association, body or organisation which carries 
on the business of negotiating, granting or otherwi se collectively administering licences in relation to 
that work or other subject-matter if such author , maker or publisher produced or published that work 
or other subject-matter in the course of his employment with, or under a commission from —  
 
(a)  that association, body or organisation; or  
 
(b)  any other association, body or organisation which is related, in such manner as may be 
prescribed, to the first-mentioned association, body or organisation.  
 
Cases to which licence schemes apply 
150.—(1) For the purposes of this Part, a case shall, s ubject to subsection (2), be deemed to be a case 
to which a licence scheme applies if, in accordance with a licence scheme for the time being in 
operation, a licence would be granted in that case.    (2) For the purposes of this Part, where,  in accordance with a licence scheme —  
 
(a) the licences that would be granted would be subject to conditions by virtue of which 
particular matters would be excepted from the licences; and   (b) a case relates to one or more matters falling within such an exception,  
 that case shall be deemed not to be a case to which the scheme applies.   
 
[Aust. 1968, s. 137]   
 
 
Division 2 — Constitution of Tribunal 
 
Establishment of Tribunals 
151.—(1)   There shall be established one or more Co pyright Tribunals for the purposes of this Part.   
 (2)   Subject to subsection (3), each Tribunal shall be constituted by —   
(a)  the president or a deputy president designa ted by the president, who shall preside over the 
Tribunal; and   (b)  2 other members selected by the president from amongst the members of the panel.  
 
(3)   Notwithstanding subsection (2), the president or a deputy president presiding over a 
Tribunal may preside alone at any preliminary hearing of an application or a reference to deal with 
any matter connected with the application or reference.     IP/N/1/SGP/C/12 
 Page 125 
 
 
  Appointment of president, deputy president and members of Tribunal 
151A. —(1)   The Minister shall appoint —  
 
(a)  the president of the Tribunals; and   
(b)  not more than 2 deputy presidents of the Tribunals.  
 (2)   No person shall be appointed as the pr esident of the Tribunals unless he possesses the 
qualifications required for a District Judge unde r section 9(3) of the Subordinate Courts Act 
(Cap. 321).   
 
(3)   No person shall be appointed as a de puty president of the Tribunals unless he is a 
qualified person (as defined in sec tion 2 of the Legal Profession Act (Cap. 161)) of not less than 
5 years’ standing.    
(4)   For the purpose of enabling a Tribunal to be constituted under this Part, the Minister 
shall appoint a panel consisting of not more than 15 persons with such qua lifications as he may 
consider necessary and shall publish their names in the Gazette .   
 (5)   The Minister may appoint a Secretary to the Tribunals and such other officers and employees of the Tribunals as the Minister may determine.   
 
Remuneration and allowances 
151B. —(1)   There shall be paid to each member of a Tribunal who is not a public officer 
such remuneration (whether by way of salaries or  fees), and such allowances, as the Minister may 
determine.   
 
(2)   The remuneration and allowances of the memb ers of a Tribunal and such other expenses of a 
Tribunal as the Minister may determine shall be pa id out of moneys provided by Parliament.   
 (3)   The remuneration of the Secretary to the Tribunals and the other officers and employees appointed under section 151A(5) shall be paid  out of the funds of the Office.   
 
Tenure of office 
152.—(1)   Subject to this section, the president, a deputy president and any member of the panel shall 
hold office for such period as may be determined by  the Minister at the time of their respective 
appointments and shall be eligible  for re-appointment upon the expiry of their respective terms of 
office.   
 (2)   The president, a deputy president or any member of the panel may at any time by notice in writing to the Minister resign his appointment.    (3)   The Minister may terminate the appointment of the president, a deputy president or any 
member of the panel on the ground of his unfitness to continue in office or his incapacity to perform 
the duties thereof.    
Continuation of hearing on change in constitution of Tribunal 
153.—(1)   If during the course of any proceedings of  a Tribunal being presided over by the president 
—  
 
(a)  the president (referred to as the former president) is, by reason of illness, absence or any other cause, unable to perform the duties of his office; and   IP/N/1/SGP/C/12 
Page 126  
 
  (b)  the Minister appoints a new president to replace him,  
 the Tribunal shall be reconstituted accordingly and th e new president shall preside over it in place of 
the former president.    
(2)   If during the course of a ny proceedings of a Tribunal —  
 
(a)  the deputy president who has been designated by the president under section 151(2)( a) 
to preside over the Tribunal; or   
(b)  a member of the panel who has been selected by the president under section 151(2)( b) to 
be a member of the Tribunal,  
 is, by reason of illness, absence or any other cause , unable to perform the duties of his office in 
relation to those proceedings, the president ma y reconstitute the Tribunal by doing any of 
the following, as the case requires:  
 
(i)  preside over the Tribunal in place of th e deputy president referr ed to in paragraph ( a);  
 (ii)  designate the other deputy president to preside over the Tribunal;   
(iii)  select any other member of the panel to replace that member referred to in paragraph ( b).  
 (3)   A Tribunal as reconstituted under subsection (1) or (2) —   
(a)  may hear and determine the proceedings as have not been determined and in so hearing 
may have regard to the evidence given, the arguments adduced and any interim order made 
during any previous hearing; and   (b)  shall, if requested by all the parties to the proceedings, hear the proceedings afresh.  
 (4)   Notwithstanding subsection (1) or (2), any president, deputy president or member of the 
panel whose appointment expires during the course of  any proceedings of a Tribunal over which he is 
then presiding or of which is a member shall, for the purpose of such proceedings and until their 
determination, be deemed to remain a president, de puty president or member of the Tribunal, as the 
case may be.    Quorum 
154.—Except in the case of a preliminary hearing of an application or a reference, all 3 members of a 
Tribunal (as stipulated in section 151(2)) must be present to form a quorum for the purposes of any proceedings before the Tribunal.   
Decision of Tribunal 
155.—If the members of a Tribunal dealing with any re ference or application are unable to agree as to 
the order to be made by the Tribunal, a decision shall be taken by the votes of the majority.    
[Aust. 1968, s. 146 (5)]   
 
Sittings of Tribunal 
156.—(1)   The sittings of a Tribunal on any matter  or matters before it, including any preliminary 
hearing, shall be held at such places and times as ar e determined by the president or deputy president 
presiding over the Tribunal.     IP/N/1/SGP/C/12 
 Page 127 
 
 
  (2) The exercise of the powers of a Tribunal shall not  be affected by a vacancy or vacancies in the 
membership of the Tribunal.    
[Aust. 1968, s. 146 (1) and (7)]   
  
Division 3 — Inquiries by, and App lications and References to, Tribunal 
 
Application to Tribunal for determination of remuneration payable for making recording or 
film of a work 
156A. —(1) This section shall apply where an appli cation is made to a Tribunal under section 43 (3) 
or 68 (3) for the determination of an equitable remu neration to be paid to the owner of the copyright 
in a work for the making of a sound recording or  cinematograph film of the work or of an 
adaptation of the work.     
[6/98]  
 
(2) The parties to an application in rela tion to which this section applies are —  
 
(a) the owner of the copyright in the work; and   
(b) the maker of the recording or film.   
 
[6/98]  
 
(3) Where an application in relation to which this section applies is made to a Tribunal, the Tribunal 
shall consider the application and, after giving to  the parties to the application an opportunity of 
presenting their cases, shall make an order determini ng the amount that it considers to be equitable 
remuneration to the owner of the copyright for the making of the recording or film.     
[6/98]  
 
[Aust. 1968, s. 149]   
 
Application to Tribunal for determination of remuneration payable for making copy of sound 
recording 
156B. —(1) This section shall apply where an appli cation is made to a Tribunal under section 107 (3) 
for the determination of an equitabl e remuneration to be paid to the owner of the copyright in a sound 
recording for the making of a copy of the sound recording.     
[6/98]  
 
(2) The parties to an application in rela tion to which this section applies are —  
 
(a) the owner of the copyright in the sound recording; and   (b) the maker of the copy of the sound recording.    
 
[6/98]  
 
(3) Where an application in relation to which this section applies is made to a Tribunal, the Tribunal 
shall consider the application and, after giving to  the parties to the application an opportunity of IP/N/1/SGP/C/12 
Page 128  
 
  presenting their cases, shall make an order determini ng the amount that it considers to be equitable 
remuneration to the owner of the copyright for the making of the copy of the sound recording.     
[6/98]  
 
[Aust. 1968, s. 150]   
 
Application to Tribunal for determination of remuneration payable for making available to 
public sound recording by means of digital audio transmission 
156C. —(1) This section shall apply where an applica tion is made to a Tribunal under section 107D 
for the determination of equitable remuneration to be paid to the owner of the copyright in a sound 
recording for the making available to the public of the sound recording by means of or as part of a digital audio transmission that is not part of an interactive service.     
[52/2004]  
 
(2) The parties to an application in rela tion to which this section applies are —  
 
(a) the owner of the copyright in the sound recording; and   (b) the person who makes available to the public  the sound recording by means of or as part 
of a digital audio transmission that is no t part of an interactive service.    
 
[52/2004]  
 
(3) Where an application in relation to which this section applies is made to a Tribunal, the Tribunal 
shall consider the application and, after giving to  the parties to the application an opportunity of 
presenting their cases, shall make an order determini ng the amount that it considers to be equitable 
remuneration to the owner of the copyright for the making available to the public of the sound recording by means of or as part of a digital audi o transmission that is not part of an interactive 
service.     
[52/2004]  
 
(4) In this section, "interactive service" has the same meaning as in section 81 (1).    
 
[52/2004]  
 
[Aust. 1968, s. 151]   
 
Inquiries into royalty payable in respect of records of musical works 
157.—(1) This section shall apply where the Minister  charged with the responsibility for trade and 
industry requests a Tribunal under section 59 to hold an  inquiry in relation to the royalty, or the 
minimum royalty, payable in respect of records ge nerally, or in respect of records included in a 
particular class of records.    (2) Where such a request is made, the Tribunal sha ll hold the inquiry and shall give every person or 
organisation that the Tribunal is satisfied has a subs tantial interest in the matter to which the inquiry 
relates an opportunity of presenting a case to the Tribunal.   
  IP/N/1/SGP/C/12 
 Page 129 
 
 
  (3) As soon as practicable after the completion of the inquiry, the Tribunal shall make a report in 
writing to the Minister setting out the result of the inquiry.    
[Aust. 1968-1973, s. 148]   
 
Applications to Tribunal for determination of remuneration payable to owner of copyright for 
copies made under statutory licence 
158.—(1) This section shall apply where application is  made to a Tribunal under section 52 (11) or 
(11C), 54 (10) or 54A (7) for the determination of an equitable remuneration to be paid to the owner 
of the copyright in a work for the making of co pies, of a handicapped reader’s copy or of an 
intellectually handicapped reader’s copy, as the case requires,  of the whole or of a part of that work.    
 
[6/98;52/2004]  
 
(2) The parties to an application in rela tion to which this section applies are —  
 
(a) the owner of the copyright in a work; and   (b) the body by which, or on behalf of which, the copies, the handicapped reader’s copy or the intellectually handicapped reader’s copy referre d to in subsection (1) were or was made.    
 
[6/98]  
 
(3) Where an application in relation to which this section applies is made to a Tribunal, the Tribunal 
shall consider the application and, after giving the parties to the application opportunities of 
presenting their cases —  
 
(a) shall make an order determining the amount th at it considers to be equitable remuneration 
to the owner of the copyright for the making of the copies or, of the handicapped reader’s copy or of the intellectually handicapped reader’s copy, as the case requires; and   (b) may, subject to the regulations, make such order as to costs as the Tribunal thinks fit.    
 
[6/98]  
 
(4) Where a Tribunal makes, under subsection (3), an order that one party to an application pay an 
amount by way of costs to the other party to the a pplication, the first-mentioned party shall pay that 
amount to the other party and, in default of paym ent, the first-mentioned party may recover that 
amount from the other party in a court of competent jurisdiction as a debt due to him.    
Applications to Tribunal for apportionment of royalty in respect of a record 
159.—(1) This section shall apply where an applica tion is made to a Tribunal under section 60 (3) ( b) 
for an apportionment of an amount payable in respect of a record between the owner of the 
copyright in a musical work and the owner of th e copyright in a literary or dramatic work.   
 (2) The parties to an application in rela tion to which this section applies are —  
 (a) the owner of the copyright in the musical work; and  
 
(b) the owner of the copyright in the literary or dramatic work.  
 (3) Where an application in relation to which this section applies is made to a Tribunal, the Tribunal 
shall consider the application and, after giving to  the parties to the application an opportunity of IP/N/1/SGP/C/12 
Page 130  
 
  presenting their cases, shall make an order apporti oning the amount to which the application relates 
between the parties in such manner as it thinks equitable.    
[Aust. 1968, s. 153]   
 
Reference of proposed licence schemes to Tribunal 
160.—(1) Where a licensor proposes to bring a licence scheme into operation, he may refer the 
scheme to a Tribunal.    (2) The parties to a reference under this section are —  
 
(a) the licensor referring the scheme; and   (b) such organisations or persons (if any) as appl y to the Tribunal to be made parties to the 
reference and, in accordance with subsection (3 ), are made parties to the reference.  
 
(3) Where an organisation (whether claiming to be  representative of persons requiring licences or not) 
or a person (whether requiring a licence or not) applies to a Tribunal to be made a party to a reference, 
and the Tribunal is satisfied that the organisation or person has a substantial interest in the operation 
of the scheme to which the reference relates, the Tri bunal may, if it thinks fit, make that organisation 
or person a party to the reference.   
 
(4)   A Tribunal shall consider a scheme referred un der this section and, after giving to the parties to 
the reference an opportunity of presenting their cases,  shall make such order, either confirming or 
varying the scheme, or substituting the scheme with  such other scheme, as the Tribunal considers 
reasonable in the circumstances.   
 
(5) An order (other than an interim order) of a Tribunal under this section may, notwithstanding 
anything in the licence scheme to which it relates, be  made so as to be in force either indefinitely 
or for such period as the Tribunal thinks fit.    (6) Where a licence scheme has been  referred to a Tribunal under this section, the licensor may do 
either or both of the following things:  
 
(a) bring the scheme into operation before the Tribunal makes an order in pursuance of the 
reference;   
(b) withdraw the reference at any time before th e Tribunal makes an order in pursuance of the 
reference, whether the scheme has been brought into operation or not.  
 (7) If the scheme is not brought into operation before an order is made in pursuance of the reference, 
the scheme as confirmed, varied or substituted by  the order comes into operation, notwithstanding 
anything in the scheme, immediately upon the making of the order.   
 
(8) After the making of an order in pursuance of th e reference, the scheme as confirmed, varied or 
substituted by the order shall remain in operation, notwithstanding anything in the scheme, so long as 
the order remains in force.    [Aust. 1968, s. 154]   
 
Reference of existing licence schemes to Tribunal  
161.—(1) Where, at any time while a licence scheme is  in operation, a dispute arises with respect to 
the terms of the scheme between the licensor operating the scheme and —   IP/N/1/SGP/C/12 
 Page 131 
 
 
   
(a) an organisation claiming to be representa tive of persons requiring licences in cases 
included in a class of cases to which the scheme applies; or   (b) any person claiming that he requires a licence in a case included in a class of cases to 
which the scheme applies,  
 the licensor, organisation or person concerned ma y refer the scheme to a Tribunal insofar as the 
scheme relates to cases included in that class.    
(2) The parties to a reference under this section are —  
 
(a) the licensor, organisation or person referring the scheme;   (b) if the reference is not made by the licen sor operating the scheme — that licensor; and  
 
(c) such other organisations or persons (if any) as apply to the Tribunal to be made parties to 
the reference and, in accordance with subsection (3), are made parties to the reference.  
 (3) Where an organisation (whether claiming to be  representative of persons requiring licences or not) 
or a person (whether requiring a licence or not) applies to a Tribunal to be made a party to a reference, 
and the Tribunal is satisfied that the organisation or  person has a substantial interest in the matter in 
dispute, the Tribunal may, if it thinks fit, make that  organisation or person a party to the reference.   
 (4) A Tribunal shall not begin to consider a refe rence under this section by an organisation unless the 
Tribunal is satisfied that the organisation is reas onably representative of the class of persons that it 
claims to represent.   
 (5) Subject to subsection (4), where a licence scheme is referred to a Tribunal under this section, the 
Tribunal shall consider the matter in dispute and,  after giving to the parties to the reference an 
opportunity of presenting their cases, shall make such order, either confirming or varying the scheme, or substituting the scheme with such other scheme, in sofar as it relates to cases included in the class of 
cases to which the reference relates, as the Tribuna l considers reasonable in the circumstances.   
 (6) An order (other than an interim order) of a Tribunal under this section may, notwithstanding 
anything in the licence scheme to which it relates, be  made so as to be in force either indefinitely 
or for such period as the Tribunal thinks fit.   
 
(7) A reference of a licence scheme to a Tribunal under this section may be withdrawn at any time before an order is made in pursuance of the reference.    (8) Where a licence scheme has been referred to a Tribunal under this section, the scheme shall 
remain in operation, notwithstanding anything in the scheme, until the Tribunal makes an order in 
pursuance of the reference.   
 (9) Subsection (8) shall not apply in relation to a reference with respect to any period after the 
reference has been withdrawn or after the Tribunal h as refused to begin to consider the reference in 
pursuance of subsection (4).   
 IP/N/1/SGP/C/12 
Page 132  
 
  (10) After the making of an order in pursuance of the reference, the scheme as confirmed, varied or 
substituted by the order shall remain in operation, notwithstanding anything in the scheme, so long as 
the order remains in force.    
[Aust. 1968, s. 155]   
 
Further reference of licence schemes to Tribunal 
162.—(1) Where a Tribunal has made an order (other  than an interim order) under section 160 or 161 
with respect to a licence scheme, then, subject to subsection (2), at any time while the order remains 
in force —  
 
(a) the licensor operating the scheme;   (b) any organisation claiming to be represen tative of persons requiring licences in cases 
included in the class of cases to which the order applies; or  
 
(c) any person claiming that he requires a licence in a case included in that class,  
 may refer the scheme again to a Tr ibunal insofar as it relates to ca ses included in that class.   
 (2) A licence scheme shall not, excep t with the leave of a Tribunal, be referred again to a Tribunal 
under subsection (1) at a time earlier than —  
 
(a) where the order concerned was made so as to  be in force indefinitely or for a period 
exceeding 15 months — the expiration of the pe riod of 12 months commencing on the date 
on which the order was made; or  
 
(b) where the order concerned was made so as to be in force for a period not exceeding 15 
months — the commencement of the period of 3 months ending on the date of expiration of 
the order.  
 (3) The parties to a reference under this section are —  
 
(a) the licensor, organisation or person referring the scheme;   (b) if the reference is not made by the licen sor operating the scheme — that licensor; and  
 
(c) such other organisations or persons (if any) as apply to a Tribunal to be made parties to the 
reference and, in accordance with the provisions applicable in that behalf by virtue of 
subsection (5), are made parties to the reference.  
 (4)   Subject to subsection (5), where a licence sche me is referred to a Tribunal under this section, the 
Tribunal shall consider the matter in dispute and,  after giving to the parties to the reference an 
opportunity of presenting their cases, shall make such  order in relation to the scheme as previously 
confirmed, varied or substituted, insofar as it relates to cases included in the class of cases to which 
the reference relates, whether by way of confir ming, varying or further varying the scheme, or 
substituting the scheme with such other scheme,  as the Tribunal considers reasonable in the 
circumstances.   
 
(5) Section 161 (3), (4) and (6) to (10) inclusiv e shall apply for the purposes of this section.   
 (6) Subsections (1) to (5) shall have effect in relation to orders made under this section in like 
manner as they have effect in relation to  orders made under section 160 or 161.    IP/N/1/SGP/C/12 
 Page 133 
 
 
   
(7) Nothing in this section shall prevent a licence scheme in respect of which an order has been made 
under section 160 or 161 from being again refe rred to a Tribunal under that section —  
 
(a) insofar as the scheme relates to cases include d in a class of cases to which the order does 
not apply — at any time; and  
 (b) insofar as the scheme relates to cases incl uded in the class of cases to which the order 
applied while it was in force — after the expiration of the order.  
 [Aust. 1968, s. 156]   
 
Application to Tribunal in relation to licences 
163.—(1) A person who claims, in a case to which a licence scheme applies, that the licensor 
operating the scheme has refused or failed to grant him a licence in accordance w ith the scheme, or to 
procure the grant to him of such a licence, may apply to a Tribunal under this section.   
 (2) A person who claims, in a case to which a licence scheme applies, that he requires a licence but that the grant of a licence in acco rdance with the scheme would, in  that case, be subject to the 
payment of charges, or to conditions, that are not reasonable in the circumstances of the case, may 
apply to a Tribunal under this section.   
 
(3) A person who claims that he requires a licence in a case to which a licence scheme does not apply (including a case where a licence scheme has not been formulated or is not in operation) and —   
(a) that a licensor has refused or failed to gran t the licence, or to procure the grant of the 
licence, and that in the circumstances it is unr easonable that the licence should not be granted; 
or   (b) that a licensor proposes that the licence s hould be granted subject to the payment of 
charges, or to conditions, that are unreasonable,  
 
may apply to a Tribunal under this section.   
 (4) An organisation that claims that it is repr esentative of persons requiring licences in cases to 
which a licence scheme does not apply (includi ng cases where a licence scheme has not been 
formulated or is not in operation) and —  
 
(a) that a licensor has refused or failed to gran t the licences, or to procure the grant of the 
licences, and that in the circ umstances it is unreasonable th at the licences should not be 
granted; or   (b) that a licensor proposes that  the licences should be granted subject to the payment of 
charges, or to conditions, that are unreasonable,  
 may apply to a Tribunal under this section.    (5) Where an organisation (whether claiming to be  representative of persons requiring licences or not) 
or a person (whether requiring a licence or not) applies to a Tribunal to be made a party to an 
application under subsection (1), (2), (3) or (4), a nd the Tribunal is satisfied that the organisation or 
person has a substantial interest in the matter in dis pute, the Tribunal may, if it thinks fit, make that 
organisation or person a party to the application.    IP/N/1/SGP/C/12 
Page 134  
 
  (6) Where an application is made to a Tribunal under s ubsection (1), (2), (3) or (4), the Tribunal shall 
give to the applicant, to the licensor concerned a nd to every other party (if any) to the application 
an opportunity of presenting their cases and, if the Tri bunal is satisfied that the claim of the applicant 
is well-founded, the Tribunal shall make an order speci fying, in respect of the matters specified in the 
order —  
 
(a) in the case of an application under sub section (1) — the charges, if any, and the 
conditions, that the Tribunal considers to be a pplicable in accordance with the licence scheme 
in relation to the applicant;   
(b) in the case of an application under subsection (2) or (3) — the charges, if any, and the 
conditions, that the Tribunal considers reasona ble in the circumstances in relation to the 
applicant; or   (c) in the case of an application under sub section (4) — the charges, if any, and the 
conditions, that the Tribunal c onsiders reasonable in the circumstances in relation to persons, 
or to persons included in classes of persons, sp ecified in the order, being persons who were 
represented by the applicant or were parties to the application.  
 (7) A reference in this section to a failure to gr ant a licence, or to procure the grant of a licence, 
shall be read as a reference to a failure to grant th e licence, or to procure the grant of the licence, as 
the case may be, within a reasonable time after a request to do so.   
 
[Aust. 1968, s. 157]   
 
Effect of licence schemes being continued in operation pending order of Tribunal 
164.—(1) Where a licence scheme is in operation by virtue of this Part pending the making of an 
order on a reference under this Part  and a person, in a case to which the scheme applies, does anything 
that, apart from this subsection, would be an infri ngement of a copyright but would not be such an 
infringement if he were the holder of a licence gr anted in accordance with the scheme insofar as the 
scheme relates to cases to which the reference relates,  that person shall, if he has complied with the 
relevant requirements, be in the like position, in an y proceedings for infringement of that copyright, as 
if he had at the material time been the holder of such a licence.   
 (2) For the purposes of subsection (1), the relevant requirements are —   
(a) that, at all material times, the person con cerned has complied with the conditions that, in 
accordance with the licence scheme, would be appl icable to a licence in respect of the case 
concerned; and   (b) where, in accordance with the scheme, any charges are payable in respect of such a 
licence — that, at the material time, he had pa id those charges to the licensor operating the 
scheme, or, if at that time the amount paya ble could not be ascertained, he had given an 
undertaking in writing to the licensor to  pay the charges when ascertained.  
 (3) A person who does anything in relation to which s ubsection (1) applies shall be liable to pay to the 
licensor operating the licence scheme concerned the am ount of any charges that would be payable if 
he were the holder of a licence granted in accordance with the scheme insofar as the scheme relates to 
the doing of that thing and the licensor may recove r that amount in a court of competent jurisdiction 
from the person as a debt due to the licensor.    
[Aust. 1968, s. 158]   
  IP/N/1/SGP/C/12 
 Page 135 
 
 
  Effect of order of Tribunal in relation to licences 
165.—(1) Where an order made on a reference under this Part with respect to a licence scheme is for 
the time being in force and a person, in a case to which the scheme as confirmed or varied by the 
order applies, does anything that, apart from this subsection, would be an infringement of copyright 
but would not be such an infringement if he were  the holder of a licence granted in accordance with 
the scheme, as confirmed or varied by the order, insofar as the scheme relates to cases to which the 
order applies, that person shall, if he has comp lied with the relevant requirements, be in the like 
position, in any proceedings for infringement of that copyright, as if he had at the material time been 
the holder of such a licence.    
(2) For the purposes of subsection (1), the relevant requirements are —  
 
(a) that, at all material times, the person con cerned has complied with the conditions that, in 
accordance with the licence scheme as confirmed or varied by the order, would be applicable 
to a licence in respect of the case concerned; and  
 
(b) where, in accordance with th e scheme as so confirmed or varied, any charges are payable 
in respect of such a licence — that, at the ma terial time, he had paid those charges to the 
licensor operating the scheme, or, if at that time the amount payable could not be ascertained, he had given an undertaking in writing to the li censor to pay the charg es when ascertained.  
 
(3) A person who does anything in relation to which s ubsection (1) applies shall be liable to pay to the 
licensor operating the licence scheme concerned the am ount of any charges that would be payable if 
he were the holder of a licence granted in accordance with the scheme, as confirmed or varied by the 
order, insofar as the scheme relates to the doing of that thing and the licensor may recover that amount 
in a court of competent jurisdiction from the person as a debt due to the licensor.   
 
(4) Where a Tribunal has made an order on an application under section 163 (1), (2) or (3) specifying charges, if any, and conditions, in relation to the ap plicant, in respect of the matters specified in the 
order, then if —   
(a) the applicant has complied with the c onditions specified in the order; and  
 
(b) in a case where the order specifies any ch arges — he has paid those charges to the 
licensor or, if the amount payable could not be ascertained, has given to the licensor an undertaking in writing to pay th e charges when ascertained,  
 
the applicant shall be in the like position, in any pr oceedings for infringement of copyright relating to 
any of those matters, as if he had at all material  times been the holder of a licence granted by the 
owner of the copyright concerned on the conditions, and subject to payment of the charges (if any), specified in the order.    (5) Where a Tribunal has made an order on an app lication under section 163 (4) specifying charges (if 
any) and conditions, in relation to  the persons, or to persons incl uded in the classes of persons, 
specified in the order, in respect of matt ers specified in the order, then, if —  
 
(a) any such person has complied with the conditions specified in the order; and  
 
(b) in the case where the order specifies any char ges — the person has paid those charges to 
the licensor or, if the amount payable could not  be ascertained, has given to the licensor an 
undertaking in writing to pay th e charges when ascertained,  
 IP/N/1/SGP/C/12 
Page 136  
 
  that person shall be in the like position, in any pr oceedings for infringement of copyright relating to 
any of those matters, as if he had at all material  times been the holder of a licence granted by the 
owner of the copyright concerned on the conditions, and subject to payment of the charges (if any), specified in the order.    
(6) Where a person in relation to whom an order refe rred to in subsection (4) or (5) applies does, in 
relation to any of the matters specified in that orde r, anything that, apart from that subsection, would 
be an infringement of copyright but would not be such an infringement if he were the holder of a licence in respect of the doing of that thing granted by the owner of the copyright concerned on the conditions and subject to payment of the charges (i f any) specified in the order, that person shall 
be liable to pay to the owner of the copyright the amount of any charges that would be payable if he 
were the holder of such a licence.    (7) The owner of the copyright may recover the am ount referred to in subsection (6) in a court of 
competent jurisdiction from the person as a debt due to the owner of the copyright.   
 
[Aust. 1968, s. 159]   
 
Attorney-General may make app lication for suspension order 
166.—(1) Subject to subsection (2), upon application made to it by the Attorney-General, a Tribunal 
may, in its discretion, make an order suspending th e application of section 52 (1) and (2) in relation to 
the body administering an educational institution, be ing a body that has been convicted of 2 or more 
offences against the regulations in relation to the rete ntion of records or declarations relating to copies 
of the whole or parts of works made in reliance on section 52.    (2) A Tribunal shall not make an order under subsection (1) if it is satisfied that the body in relation to 
which the order is sought has taken all reasonable step s to ensure that no further contravention of the 
regulations referred to in subsection (1) will occu r in relation to the retention of records or 
declarations relating to copies made or to be made by or on behalf of the body.   
 (3) For the purposes of subsection (1), a conviction of  the custodian in charge of the copying records 
of an educational institution for a contravention of the regulations re ferred to in subsection (1), not 
being a conviction for a contravention in relation to which the body administering the educational 
institution has also been convicted, shall be taken to be a conviction of the body administering the 
educational institution.    (4) The parties to an application under subsec tion (1) in relation to a body administering an 
educational institution are —  
 
(a) the Attorney-General; and   (b) that body.  
 Application to revoke suspension orders 
167.—(1) The body administering an educational institu tion may, at any time, make application to a 
Tribunal for the revocation of an order under sec tion 166 suspending the application of section 52 (1) 
in relation to it.    
(2) Where a Tribunal is satisfied, upon application made under subsection (1), that the body making 
the application has taken all reasonable steps to ensu re that no further contravention of the regulations 
referred to in section 166 (1) will occur in relation to the retention of records or declarations relating 
to copies made or to be made in reliance on secti on 52, the Tribunal may revoke the order to which 
the application relates.    IP/N/1/SGP/C/12 
 Page 137 
 
 
   
(3) The parties to an application under subsection (1 ) for the revocation of an order made in relation 
to the body administering an institution are —   
(a) that body; and  
 
(b) the Attorney-General.  
 
Interim orders 
168.—Where an application or reference is made to a Tribunal under this Act, the Tribunal may make 
an interim order having effect until the final decision of the Tribunal on the application or reference is 
given.    
[Aust. 1968, s. 160]   
 
Reference of questions of law to High Court 
169.—(1) A Tribunal may, of its own motion or at th e request of a party, refer a question of law 
arising in proceedings before it for determination by the High Court.   
 (2) A question shall not be referred to the High Cour t by virtue of subsection (1) in pursuance of a 
request made after the date on which a Tribunal gave  its decision in the proceedings unless the request 
is made before the expiration of 14 days of the Tribunal giving its decision.   
 (3) If a Tribunal, after giving its decision in any pr oceedings, refuses a request to refer a question to 
the High Court, the party by whom the request was ma de may, within 14 days of the refusal, apply to 
the High Court for an order directing the Tribunal to refer the question to the High Court.   
 
(4) Where a reference is made to the High Court und er this section with respect to any proceedings 
before a Tribunal, and where an application is ma de under subsection (3) with respect to any such 
proceedings, every party to the proceedings before the Tribunal shall be entitled to appear and to be 
heard.    
(5) Where, after a Tribunal has given its decision in  any proceedings, the Tribunal refers to the High 
Court under this section a question of law that aros e in the course of the proceedings, and the High 
Court decides that the question was erroneously determined by the Tribunal —   
(a) the Tribunal shall reconsider the matter in di spute and, if it considers it necessary to do so 
for the purpose of giving effect to the decision of the High Court, shall give to the parties to 
the proceedings a further opportunity of presenting their cases; and   (b) if it appears to the Tribunal to be appropria te, and in conformity with the decision of the 
High Court, to do so, the Tribunal shall make such order revoking or modifying any order 
previously made by it in the proceedings, or, in the case of proceedings under section 163 
where the Tribunal refused to make an order, sh all make such order under that section, as the 
Tribunal considers to be appropriate.  
 (6) A reference of a question by a Tribunal to the High Court under this section shall be by way of 
stating a case for the opinion of the High Court; and the decision of the Court on any such 
reference shall be final.   
 (7) For the purposes of this section, a question of law shall not include a question whether there is 
sufficient evidence to justify a finding of fact by a Tribunal.    IP/N/1/SGP/C/12 
Page 138  
 
  (8) This section shall not apply in relation to an inquiry by a Tribunal under section 157.   
 
[Aust. 1968, s. 161]   
 
Agreements or awards not affected 
170.—Nothing in this Part shall affect the operation of any agreement or of any award made by an 
arbitrator, whether the agreement or award was made  before, or is made after, 10th April 1987.   
 
[Aust. 1968, s. 162]   
  
Division 4 — Procedure and Evidence 
 
Proceedings to be in public except in special circumstances 
171.—(1) Subject to this section, the hearing of pro ceedings before a Tribunal shall be in public.   
 
(2) Where a Tribunal is satisfied that it is desirable to do so by reason of the confidential nature of any 
evidence or matter or for any other reason, the Tribunal may —   
(a) direct that a hearing or part of a hearing sh all take place in private and give directions as to 
the persons who may be present; or  
 
(b) give directions prohibiting or restricting the publication of evidence given before the 
Tribunal (whether in public or in private) or of matters contained in documents produced to 
the Tribunal.  
 [Aust. 1968, s. 163]   
 
Application may be made to Tribunal by agent of copyright owner 
172.—(1) An owner of copyright may make an applica tion to a Tribunal under this Act by his agent.   
 (2) Two or more owners of copyright may jointly make a single application to a Tribunal by the same 
agent against the same person or body.   
 
[Aust. 1968, s. 163A]   
 
Procedure 
173. —In proceedings before a Tribunal —  
 
(a) the procedure of the Tribunal shall, subject to this Act and the regulations, be within the 
discretion of the Tribunal;   (b) the Tribunal shall not be bound by the Evidence Act (Cap. 97); and  
 
(c) the proceedings shall be conducted with as little formality, and with as much expedition, 
as the requirements of this Act and a proper cons ideration of the matters before the Tribunal 
permit.  
 [Aust. 1968, s. 164]   
 
Mistakes or errors in orders of Tribunal 
174.—A Tribunal may correct any clerical mistake or any error arising from an accidental slip or 
omission in any order made by it.   IP/N/1/SGP/C/12 
 Page 139 
 
 
   
Regulations as to procedure 
175.—(1) The regulations may make provision for or in  relation to the procedure in connection with 
the making of references and applications to a Tribunal and the regulation of proceedings before 
a Tribunal and may prescribe the fees payable in resp ect of those references and applications and the 
fees and expenses of witnesses in those proceedings.   
 (2) The regulations may include provision —   
(a) for requiring notice of an intended inquiry by a Tribunal under section 157 or an intended 
reference to a Tribunal under section 160, 161 or 162 to be advertised in accordance with the 
regulations;   (b) for requiring notice of an intended appli cation to the High Court under section 169 (3) to 
be given to a Tribunal and to the other parti es to the proceedings, and for limiting the time 
within which any such notice is to be given;  
 (c) for suspending, or authorising or requiring a Tribunal to suspend, the operation of orders 
of the Tribunal in cases where, after giving its d ecision, the Tribunal refers a question of law 
to the High Court;   
(d) for modifying, in relation to orders of a Tribunal the operation of which is suspended, the 
operation of any provisions of this Part as to the effect of orders made under this Part;  
 (e) for the publication of notices, or the doing of any other things, to  ensure that persons 
affected by the suspension of an order of a Tr ibunal will be informed of its suspension; and  
 
(f) for regulating or prescribing any other matt ers incidental to or consequential upon any 
request, application, order or decision under section 169.  
 
[Aust. 1968, s. 166]   
 
Power to take evidence on oath 
176.—(1) A Tribunal may take evidence on oath or affirmation, and for that purpose a member may 
administer an oath or affirmation.    (2) A member of a Tribunal may summon a person to appear before the Tribunal to give evidence and 
to produce such documents and articles (if any) as are referred to in the summons.   
 
[Aust. 1968, s. 167]   
 
Evidence in form of written statement 
177.—A Tribunal may, if it thinks fit, permit a pe rson appearing as a witness before the Tribunal to 
give evidence by tendering, and verifying by oath or affirmation, a written statement, which shall be 
filed with the Secretary to the Tribunals.    
[Aust. 1968, s. 168]   
 
Representation 
178.—In proceedings before a Tribunal —  
 
(a) a party other than a body corporate or an  unincorporated body of persons may appear in 
person or be represented by an employee of  the party approved by the Tribunal;  IP/N/1/SGP/C/12 
Page 140  
 
   
(b) a party being a body corporate may be represented by a director or other officer, or by an employee, of the party approved by the Tribunal;   (c) a party being an unincorporated body of persons or a member of such a body may be 
represented by a member, or by an officer or employee, of the body approved by the 
Tribunal; and   (d) any party may be represented by an advocate and solicitor.  
 [Aust. 1968, s. 169]   
 
 
Division 5 — Miscellaneous 
 
Protection of members and witnesses 
179.—(1) A member shall have, in the performance of his duty as a member, the same protection and 
immunity as a Judge of the High Court.    (2) A person summoned to appear before a Tribunal as a witness shall have th e same protection, and 
shall, in addition to the penalties provided by this Act, be subject to the same liabilities, in any civil 
or criminal proceedings as a witness in proceedings in the High Court.   
 
[Aust. 1968, s. 171]   
 
Disobedience to summons, etc. 
180.—(1) A person who has been summoned to appear as a witness before a Tribunal shall not, 
without lawful excuse, and after tender of reasonabl e expenses, fail to appear in obedience to the 
summons.    (2) A person who has been summoned to produce a document or article to a Tribunal shall not, 
without lawful excuse, and after tender of reas onable expenses, fail to produce the document or 
article.   
 (3) A person who appears before a Tribunal shall not, without lawful excuse, refuse to be sworn or to 
make an affirmation, or to produce documents or artic les, or to answer questions, that he is required 
by the Tribunal to produce or answer.   
 
(4) Any person who contravenes this section shall be  guilty of an offence and shall be liable on 
conviction to a fine not exceeding $5,000 or to im prisonment for a term not exceeding 3 months.   
 
[Aust. 1968, s. 172]   
 
Contempt of Tribunal, etc. 
181.—(1) A person shall not —  
 
(a) insult or disturb a member in the exercise of his powers or functions as a member;   
(b) interrupt the proceedings of a Tribunal;  
 (c) use insulting language towards a member;    IP/N/1/SGP/C/12 
 Page 141 
 
 
  (d) create a disturbance or take part in creating or continuing a disturbance in or near a place 
where a Tribunal is sitting;   (e) contravene or fail to comply with a dir ection of a Tribunal given under section 171 (2) ( b); 
or  
 
(f) do any other act or thing that would, if a Tribunal were a court of record, constitute a contempt of that court.  
 (2) Any person who contravenes any of the provisions of this section shall be guilty of an offence 
and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not 
exceeding 3 months.    
[Aust. 1968, s. 173]   
 
Cost of proceedings 
182.—(1) A Tribunal may order that the costs of any pr oceedings before it incurred by any party, or a 
part of those costs, shall be paid by any other part y and may tax or settle the amount of the costs to be 
so paid, or specify the manner in which they are to be taxed.    (2) Costs directed by a Tribunal to be paid to a party may be recovered by that party in any court 
of competent jurisdiction.   
 (3) This section shall apply in relation to an inquiry by a Tribunal under section 157.   
 
[Aust. 1968, s. 174]   
 
Proof of orders of Tribunal 
183.—Without prejudice to any other method available by law for the proof of orders of a Tribunal, a 
document purporting to be a copy of such an order, an d to be certified by the Secretary to the Tribunal 
to be a true copy of the order, shall be admitte d in any proceedings, as evidence of the order.   
 [Aust. 1968, s. 175]   
 
  
PART VIII 
 
EXTENSION OR RESTRICTION OF THIS ACT 
 
Application of this Act to countries other than Singapore 
184.—(1) The Minister may make regulations applying any of the provisions of this Act 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 literary, dramatic, musical  or artistic works or editions first published, 
or sound recordings or cinematograph films made  or first published, in that country as they 
apply in relation to literary, dram atic, musical or artistic works or editions first published, or 
sound recordings or cinematograph films ma de or first published, in Singapore;  
 (b) apply in relation to persons who, at a mate rial time, are citizens or nationals of that 
country as they apply in relation to persons who,  at such a time, are citizens of Singapore;  
 IP/N/1/SGP/C/12 
Page 142  
 
  (c) apply in relation to persons who, at a materi al time, are resident in that country as they 
apply in relation to persons who, at su ch a time, are resident in Singapore;  
 (d) apply in relation to bodies incorporated under the laws of that country as they apply in relation to bodies incorporated under the laws of Singapore;  
 
(e) apply in relation to television broadcast s and sound broadcasts made from places in that 
country, by one or more organisations constitute d in, or under the laws of, that country, as 
they apply in relation to television broad casts and sound broadcasts made from places in 
Singapore by a broadcasting licensee;  
 
(f) apply in relation to cable programmes sent from places in that country as they apply in relation to cable programmes sent from places in Singapore.    
 
[14/94;15/94]  
 
(2) Regulations made under subsection (1) —   
(a) may apply the provisions of this Act w ithout exception or modification or applying a 
provision of this Act in relation to a country other than Singapore in accordance with that 
subsection subject to exceptions or modifi cations specified in those regulations;  
 
(b) may apply the provisions of this Act either generally or in relation to such classes of 
works or other subject-matter, or other classes of cases, as may be specified in those regulations.  
 
(3) The Minister shall not make regulations under th is section applying any of the provisions of this 
Act in the case of a country, other than a country  which is a party to a Convention relating to 
copyright to which Singapore is also a party, unl ess the Minister is satisfied that, in respect of 
the class of works or other subject-matter to which those provisions relate, provision has been or will 
be made under the laws of that country whereby adequate protection will be  given to owners of 
copyright under this Act.   
 
[Aust. 1968, s. 184]   
 
Provisions as to international organisations 
185.—(1) Where it appears to the Minister that it is desirable that this Act should apply in relation to 
an organisation —  
 
(a) of which 2 or more countries, or the governments of 2 or more countries, are members; or   (b) that is constituted by persons representi ng 2 or more countries, or representing the 
governments of 2 or more countries,  
 
the Minister may by regulations declare that organi sation to be an international organisation to which 
this Act applies.    (2) An international organisation to which this Act applies that otherwise does not have, or at some 
material time otherwise did not have, the legal ca pacities of a body corporate shall have, and shall be 
deemed at all material times to have had, the le gal capacities of a body corporate for the purpose of 
holding, dealing with and enforcing copyright and fo r the purposes of all legal proceedings relating to 
copyright.     IP/N/1/SGP/C/12 
 Page 143 
 
 
  (3) Where an original work, or a sound recording or  a cinematograph film is made by or under the 
direction or control of an international organisati on to which this Act applies in such circumstances 
that copyright would not subsist in the work, sound recording or cinematograph film apart from this subsection —   
(a) copyright shall subsist in the work, sound recording or cinematograph film;  
 (b) that copyright shall subsist so long as the work, sound recording or cinematograph film remains unpublished; and   
(c) the organisation shall, subject to Part  X, be the owner of that copyright.  
 (4) Where an original work, or a sound recording or a cinematograph film is first published by or 
under the direction or control of an international organisation to which this Act applies, in such 
circumstances that, apart from this  subsection, copyright would not subsist in the work, the sound 
recording or cinematograph film, as the case may be, immediately after the first publication thereof —  
 
(a) copyright shall subsist in the work, soun d recording or cinematograph film, or, if 
copyright in the work, sound recording or cinematograph film subsisted immediately 
before its first publication, copy right shall continue to subsist in the work, sound recording or 
cinematograph film;  
 
(b) that copyright shall subsist until the expira tion of 70 years after the expiration of the 
calendar year in which the work, sound recording or cinematograph film, as the case may be, was first published; and   
(c) the organisation shall, subject to Part X, be the owner of that copyright.    
 
[21/2004]  
 
(5) Where an edition of a literary, dramatic, musical or  artistic work or of 2 or more literary, dramatic, 
musical or artistic works, other than an edition that  reproduces a previous edition of the same work or 
works, is published by, or under the direction or cont rol of, an international organisation to which this 
Act applies in such circumstances that copyright w ould not, apart from this subsection, subsist in the 
edition immediately after the first publication of the edition —   
(a) copyright shall subsist in the edition;  
 
(b) that copyright shall subsist until the expira tion of 25 years after the expiration of the 
calendar year in which the edition was first published; and   (c) the organisation shall, subject to Part  X, be the owner of that copyright.  
 
(6) Parts III and IV, other than the provisions of t hose Parts relating to the subsistence, duration or 
ownership of copyright, shall apply in relation to c opyright subsisting by virtue of this section in like 
manner as it applies in relation to copyright subsisting by virtue of those Parts.   
 
[Aust. 1968, s. 186]   
 IP/N/1/SGP/C/12 
Page 144  
 
  Denial of copyright to citizens of countries not giving adequate protection to Singapore works 
186.—(1) If it appears to the Minister that the law of a country does not give adequate protection to 
Singapore works, or does not give adequate protecti on in relation to a class or classes of such works 
(whether the lack of protection relates to the natu re of the work or the nationality, citizenship or 
country of residence of its author, or all of tho se matters), the Minister may by regulations make 
provision in relation to that country in accordance with subsection (2).   
 (2) Regulations made for the purposes of this secti on may provide, either generally or in such 
classes of cases as are specified in the regulations , that copyright under this Act does not subsist in 
works first published after a date specified in thos e regulations (which may be a date before the 
commencement of those regulations or before 10th Ap ril 1987) if, at the time of the first publication 
of those works, the authors of the works were or are —   
(a) citizens or nationals of a country specified in those regulations, not being at that time 
persons resident in Singapore; or  
 
(b) in the case of works being sound recordings or cinematograph films — bodies incorporated under the law of a country specified in those regulations.    
 
[S 107/87]  
 
(3) In making regulations for the purposes of this secti on, the Minister shall have regard to the nature 
and extent of the lack of protection for Singapore wo rks by reason of which the regulations are made.   
 (4) In this section —   
"author", in relation to a sound recording or a cinematograph film, m eans the maker of the 
recording or film;   "Singapore work" means a work the author of which was, at the tim e when the work was 
made, a qualified person for the purpose of the relevant provision of this Act;  
 
"the relevant provision of this Act" means —    
 
(a) in relation to a literary, dramatic, musical or artistic work — section 27; and   (b) in relation to a sound recording or a cinematograph film or a cable programme — 
Part IV;  
 
"work" means a literary, dramatic, musical or artistic work, a sound recording, a 
cinematograph film, a television broadcast, a sound broadcast or a cable programme.     
 
[6/98]  
 
[Aust. 1968, s. 185]   
 
   IP/N/1/SGP/C/12 
 Page 145 
 
 
  PART IX 
 
FALSE ATTRIBUTION OF AUTHORSHIP 
 
Interpretation of this Part 
187.—In this Part, unless the context otherwise requires —  
 
"name" includes initials or a monogram;   "performance", "protection period" and "recording" have the same meanings as in Part XII.     
 
[52/2004]  
 
[Aust. 1968, s. 189]   
 
Duty not to attribute falsely authorship of wo rk or identity of performer of performance 
188.—(1) A person (referred to in this subsection as the offender) shall, by virtue of this section, be 
under a duty to the author of a work or a performer of a performance not to —   
(a) insert or affix another person’s name in or on the work or a record ing of the performance, 
or in or on a reproduction of the work or recording, in such a way as to imply that the other 
person is the author of the work or the performer of the performance;  
 (b) publish, sell or let for hire, by way of trade offer or expose for sale or hire, or by way of trade exhibit in public, the work or recording of the performance with another person’s name 
so inserted or affixed, if the offender knows that  the other person is not the author of the work 
or the performer of  the performance;  
 (c) do any of the acts mentioned in paragraph ( b) in relation to, or distribute, reproductions of 
the work or recording of the performance, being reproductions in or on which another 
person’s name has been so inserted or affixed, if the offender knows that the other person is 
not the author of the work or the performer of the performance; or  
 
(d) perform in public or communicate the work  as being a work of which another person is 
the author, or make available to the public  the recording of a performance as being a 
recording of a performance of which another person is the performer, if the offender knows 
that the other person is not the author of the work or the performer of the performance.    
 
[52/2004]  
 
(2) Subsection (1) shall apply where, contrary to the fact, a work is represented as being an 
adaptation of the work of another person in like manner as it applies where a work is represented as 
being the work of another person.    
 
[52/2004]  
 
(3) After the death of the author of a work or th e performer of the performance, a person shall, by 
virtue of this section, be under a duty to the legal personal representative of the author or performer 
not to do in relation to, or to a reproduction of, the work or an adaptation of the work or a recording of 
the performance any act that, but for the death of th e author or performer, the person would, by reason 
of either subsection (1) or (2), have been under a duty to the author or performer not to do.    
 
[52/2004]  IP/N/1/SGP/C/12 
Page 146  
 
   
(4) In this section —   
"performance" means a performance in respect of  which the protection period under Part XII 
has not expired;  
 
"work" means a work in which copyrigh t subsists under this Act.     
 
[52/2004]  
 
[Aust. 1968, s. 190]   
 
Duty not to falsely represent altered work  or recording of performance as unaltered 
189.—Where a work in which copyright subsists or a recording of a performance in respect of which 
the protection period has not expired has been altered by a person other than the author of the work or 
the performer of the performance, a person shall be und er a duty to the author or performer not to —  
 
(a) publish, sell or let for hire, or by way of trade offer or expose for sale or hire, the work or recording as so altered as being the unaltered work  of the author or as an unaltered recording 
of the performance; or   
(b) publish, sell or let for hire, or by way of  trade offer or expose for sale or hire, a 
reproduction of the work or a recording of  the performance as so altered as being a 
reproduction of the unaltered work of the author  or an unaltered recording of the performance 
by the performer,  
 
if, to his knowledge, it is not —  
 
(i) the unaltered work or a reproduction of the unaltered work, as the case may be, of the author; or   (ii) the unaltered recording or a reproduction of the unaltered recording, as the case may be, 
of the performance by the performer.    
 
[52/2004]  
 
[Aust. 1968, s. 191]   
 
Duty not to attribute falsely the autho rship of reproduction of artistic work 
190.—A person shall, by virtue of this section, be under a duty to the author of an artistic work in 
which copyright subsists not to —   
(a) publish, sell or let for hire, by way of trade offer or expose for sale or hire, or by way of 
trade exhibit in public, a reproduction of th e work, as being a reproduction made by the 
author of the work; or   (b) distribute reproductions of the work as bei ng reproductions made by the author of the 
work,  
 
where the reproduction was, or the reproductions were , to his knowledge, not made by the author.   
 
[Aust. 1968, s. 192]   
  IP/N/1/SGP/C/12 
 Page 147 
 
 
  Breach of duty not committed if act done outside Singapore or done with permission 
191.—The doing of an act by a person shall not be a breach of a duty owed by that person to another 
person by virtue of this Part if the act was done  outside Singapore or was done with the permission, 
whether express or implied, of that other person.    [Aust. 1968, s. 193]   
 
Action for breach of duty 
192.—(1) Where a person commits a breach of a duty owed  by him to another person by virtue of this 
Part, the breach shall not be enforceable by criminal proceedings but the other person may bring an 
action in respect of the breach.    
 (2) The relief that a court may grant in an actio n under subsection (1) shall include an injunction 
(subject to such terms, if any, as the court thinks fit) and damages.    
(3) Where, in respect of an act done in relation to, or to a reproduction of, a work or an adaptation of a 
work or a recording of a performance  after the death of the author of the work or the performer of the 
performance, damages are recovered under this secti on by the legal personal representative of the 
author or performer, those damages devolve as if th ey formed part of the estate of the author or 
performer and as if the right of action in respect of  the doing of that act had subsisted, and had been 
vested in the author or performer, immediately before his death.    
 
[52/2004]  
 
[Aust. 1968-1973, s. 194]   
 
Saving of other rights and remedies 
193.—(1) Subject to this section, this Part shall not affect any right of action or other remedy, whether 
civil or criminal, in proceedings instituted otherwise than by virtue of this Part.    (2) Any damages recovered in proceed ings instituted by virtue of this  Part shall be taken into account 
in assessing damages in proceedings in stituted otherwise than by virtue of this Part and arising out of 
the same operation or transaction.   
 (3) Any damages recovered in procee dings instituted otherwise than by virtue of this Part shall be 
taken into account in assessing damages in proceedings in stituted by virtue of this Part and arising out 
of the same operation or transaction.   
 
[Aust. 1968-1973, s. 195]   
 
  
PART IXA 
 
WORKS, OR OTHER SUBJECT-MATTER, IN ELECTRONIC FORM 
 
Interpretation and effect of application of this Part 
193A. —(1) In this Part, unless the context otherwise requires —  
 
"electronic copy", in relation to any material, means a copy of the material in an electronic 
form, and includes the original version of the material in that form;   IP/N/1/SGP/C/12 
Page 148  
 
  "material" means any work or other subject-matte r in which copyright subsists by virtue of 
this Act;   "monetary relief" means damages, an account of profits or statutory damages;   
"network service provider" —   
 
(a) for the purposes of section 193B, means a person who provides services relating to, or provides connections for, the tr ansmission or routing of data; and  
 
(b) for the purposes of this Part (oth er than section 193B), means a person who 
provides, or operates facilities for, online services or network access and includes a person referred to in paragraph ( a),  
 
but does not include such person or class of persons as the Minister may prescribe;  
 
"primary network", in relation to a network servi ce provider, refers to a network controlled or 
operated by or for the network service provider;   "routing" means directing or choosing the mean s or routes for the transmission of data;  
 
"standard technical measure" means any technical  measure accepted in Singapore that —    
 
(a) is used to identify or protect material;   (b) has been developed through an open, voluntary process by a broad consensus of 
copyright owners and network service providers;  
 (c) is available to any person on reasona ble and non- discriminatory terms; and  
 (d) does not impose substantial costs on ne twork service providers or substantial 
burdens on their primary networks.    
 
[52/2004;22/2005]  
 
(2) This Part does not limit the operation of the othe r provisions of this Act in relation to determining 
whether copyright has been infringed.    
 
[52/2004]  
 
(3) Nothing in this Part shall be construed as making the applicability of sections 193B, 193C, 193D 
and 193DB conditional on —   
(a) a network service provider monitoring its service or affirmatively seeking facts indicating 
infringing activity, except to the extent consiste nt with any standard technical measure; or  
 (b) a network service provider gaining access to, removing or disabling access to any electronic copy of any material in any case in which such conduct is prohibited by law.    
 
[22/2005]  
  IP/N/1/SGP/C/12 
 Page 149 
 
 
  Transmission, routing and provision of connections 
193B. —(1) The court shall not grant any monetary relief or, except as provided for in section 193DB, 
make any order against a network service provider fo r any infringement of copyright in any material 
that occurs by reason of —   
(a) the transmission or routing by the network service provider of, or the provision of 
connections by the network service provider for, an electronic copy of the material through the network service provider’s primary network; or   (b) any transient storage by the network service pr ovider of an electronic copy of the material 
in the course of such transmission, routing or provision of connections,  
 if the network service provider satisfies the conditions set out in subsection (2).     
[52/2004]  
 
(2) The conditions referred to in subsection (1) are that —   
(a) the transmission of the electronic copy of the material was initiated by or at the direction of a person other than the network service provider;   
(b) the transmission, routing, provision of connections or storage is carried out through an 
automatic technical process without any selection of  the electronic copy of the material by the 
network service provider;   (c) the network service provider does not select th e recipients of the electronic copy of the 
material except as an automatic response to the request of another person; and  
 (d) the network service provider does not make an y substantive modification (other than any 
modification made as part of a technical process) to the content of the electronic copy of the material during the transmission of the electronic copy of the material through the primary network.    
 
[52/2004]  
 
System caching 
193C. —(1) The court shall not grant any monetary relief or, except as provided for in section 193DB, 
make any order against a network service provider fo r any infringement of copyright in any material 
that occurs by reason of the making by the network service provider of an electronic copy of the material (referred to in this section as the cached copy) on the network service provider’s primary network —   
(a) from another electronic copy of the material made available on a network (referred to in 
this section as the originating network);  
 (b) through an automatic process;   (c) in response to an action by a user of the primary network; and  
 
(d) in order to facilitate efficient access to th e material by that user or other users,  
 if the network service provider satisfies the conditions set out in subsection (2).     IP/N/1/SGP/C/12 
Page 150  
 
  [52/2004]  
 
(2) The conditions referred to in subsection (1) are that —   
(a) the network service provider does not make an y substantive modification (other than any 
modification made as part of a technical process) to the content of the cached copy of the 
material during the transmission of the cached co py of the material to users of the primary 
network or another network;   (b) if the network service provider is furnished in the prescribed manner with a notice in, or 
substantially in accordance with, the prescribed  form relating to the cached copy of the 
material —  
 
(i) purportedly made by the owner of the copyright in the material or under the owner’s authority; and  
 
(ii) stating the prescribed matters,  
 the network service provider expeditiously takes reas onable steps to remove or disable access to the 
cached copy of the material on the primary network; and   
(c) the network service provider satisfies such other conditions as the Minister may prescribe 
in relation to —  
 
(i) access to the cached copy of the material by users of the primary network or another network;  
 
(ii) the refreshing, reloading or updating of the cached copy of the material; and  
 (iii) non-interference with technology used at the originating network to obtain information about the use of any material on the originating network, being technology that is consistent with industry standards in Singapore.    
 
[52/2004;22/2005]  
 
Storage and information location 
193D. —(1) The court shall not grant any monetary relief or, except as provided for in section 193DB, 
make any order against a network service provider fo r any infringement of copyright in any material 
that occurs by reason of —   
(a) the storage, at the direction of a user of the network service provider’s primary network, of 
an electronic copy of the material on the primary network, if the network service provider satisfies the conditions referred to in subsection (2); or  
 
(b) the network service provider referring or lin king a user of any network to an online 
location on a network (referred to in this sec tion as the originating network), being a location 
at which an electronic copy of the material is made available, by the use of —  
 
(i) an information location tool such  as a hyperlink or directory; or  
 (ii) an information location ser vice such as a search engine,  
  if the network service provider satisfies the c onditions referred to in subsection (4).     IP/N/1/SGP/C/12 
 Page 151 
 
 
   
[52/2004]  
 
(2) The conditions referred to in subsection (1) ( a) are that —  
 
(a) the network service provider does not receive a ny financial benefit directly attributable to 
the infringement of the copyright in the material  that occurs in, or in the course of, making 
available the electronic copy of the material  on the primary network, provided that the 
network service provider has the right and ability to control the infringing activity;   
(b) if the network service provider —  
 
(i) acquires actual knowledge that the copyright in the material has been infringed in, or in the course of, making available the electronic copy of the material on the primary network;  
 
(ii) acquires knowledge of such facts or ci rcumstances which would lead inevitably to 
the conclusion that the copyright in the ma terial has been infringed in, or in the 
course of, making available the electronic copy of the material on the primary network; or   
(iii) is furnished in the prescribed manne r with a notice in, or substantially in 
accordance with, the pr escribed form relating to the electronic copy of the material on 
the primary network —  
 
(A) purportedly made by the owner of the copyright in the material or under 
the owner’s authority; and  
 (B) stating the prescribed matters,  
 
the network service provider expeditiously takes reasonable steps to remove or disable access 
to the copy of the material on the primary network; and  
 
(c) the network service provider has designated a representative to receive any notice referred 
to in paragraph ( b) (iii) and published the prescribed information on the designated 
representative in the prescribed manner.    
 
[52/2004;22/2005]  
 
(3) For the purposes of subsection (2), a notice purpor tedly made by the owner of the copyright in the 
material or under the owner’s authority which is not a notice referred to in subsection (2) ( b) (iii) shall 
not be considered in determining whether the network service provider has acquired any knowledge 
referred to in subsection (2) ( b) (i) or (ii).    
 
[22/2005]  
 
(4) The conditions referred to in subsection (1) ( b) are that —  
 
(a) the network service provider does not receive a ny financial benefit directly attributable to 
the infringement of the copyright in the material that occurs in, or in the course  of, making 
available the electronic copy of the material on the originating network, provided that the 
network service provider has the right and ability to control the infringing activity;   IP/N/1/SGP/C/12 
Page 152  
 
  (b) if the network service provider —  
 
(i) acquires actual knowledge that the copyright in the material has been infringed in, or in the course of, making available the electronic copy of the material on the originating network;  
 
(ii) acquires knowledge of such facts or ci rcumstances which would lead inevitably to 
the conclusion that the copyright in the ma terial has been infringed in, or in the 
course of, making available the electronic copy of the material on the originating network; or  
 
(iii) is furnished in the prescribed manne r with a notice in, or substantially in 
accordance with, the pr escribed form relating to the electronic copy of the material on 
the originating network —  
 
(A) purportedly made by the owner of the copyright in the material or under 
the owner’s authority; and   (B) stating the prescribed matters,  
 
the network service provider expeditiously tak es reasonable steps to disable access to the 
electronic copy of the material on the originating network, and to remove or disable access to 
any electronic copy of the material (being a copy made from the electronic copy of the material on the originating network and of which the network service provider has actual 
knowledge) on the primary network; and  
 
(c) the network service provider has designated a representative to receive any notice referred 
to in paragraph ( b) (iii) and published the prescribed information on the designated 
representative in the prescribed manner.    
 
[52/2004;22/2005]  
 
(5) For the purposes of subsection (4), a notice purpor tedly made by the owner of the copyright in the 
material or under the owner’s authority which is not a notice referred to in subsection (4) ( b) (iii) shall 
not be considered in determining whether the network service provider has acquired any knowledge 
referred to in subsection (4) ( b) (i) or (ii).    
 
[22/2005]  
 
(6) For the purposes of subsections (2) ( a) and (4) ( a), in determining whethe r a financial benefit is 
directly attributable to the infringement of copyright in the material, the court shall have regard to —  
 
(a) industry practice in relation to the char ging of services by network service providers;  
 
(b) whether the financial benefit was greater th an the benefit that would usually result from 
charging in accordance with accepted industry practices; and   (c) all other matters that the court considers relevant.    
 
[22/2005]  
  IP/N/1/SGP/C/12 
 Page 153 
 
 
  Exemption of network service provider from lia bility for removal of copy, etc., from network 
193DA. —(1) Notwithstanding anything to the contrary in any law (written or otherwise), a 
network service provider shall not be subject to any liability under any rule of law in respect of any 
action taken in good faith in relation to —   
(a) the removal of an electronic copy of any material from his primary network; or  
 (b) the disabling of access to an electronic copy of any material on his primary network or another network,  
 
if —  
 
(i) such removal or disabling was done in  reliance on any notice referred to in 
section 193C (2) ( b) or 193D (2) ( b) (iii) or (4) ( b) (iii) or any knowle dge referred to in 
section 193D (2) ( b) (i) or (ii) or (4) ( b) (i) or (ii); and  
 
(ii) in the case of any removal or disabling done in reliance on any notice referred to in 
section 193D (2) ( b) (iii) or (4) ( b) (iii) or any knowledge referred to in section 193D (2) 
(b) (i) or (ii) or (4) ( b) (i) or (ii), the conditions referred to  in subsection (2) are satisfied.    
 
[52/2004]  
 
(2) The conditions referred to in subsection (1) (ii) are that —   
(a) after such removal or disabling, the ne twork service provider expeditiously takes 
reasonable steps —  
 
(i) to notify the person who made available the electronic copy of the material on the 
network of this; and   (ii) in the case of any removal or disabling done in reliance on any notice referred to in section 193D (2) ( b) (iii) or (4) ( b) (iii), to provide that person with a copy of that 
notice; and  
 
(b) where the network service provider is furn ished in the prescribed manner, within the 
prescribed time, with a notice in, or substan tially in accordance with , the prescribed form 
purportedly made by the person who made available the electronic copy of the material on the 
network, or under that person’s authority, stati ng the prescribed matters (referred to in this 
section as the counter notice) —  
 
(i) in the case of any removal or disabling done in reliance on any notice referred to in section 193D (2) ( b) (iii) or (4) ( b) (iii) —  
 
(A) subject to any other written law relati ng to privacy or data protection, the 
network service provider expeditiously provides the person who furnished the 
notice referred to in section 193D (2) ( b) (iii) or (4) ( b) (iii) with a copy of the 
counter notice;   
(B) the network service provider expeditiously notifies the person who 
furnished the notice referred to in section 193D (2) ( b) (iii) or (4) ( b) (iii) that 
the network service provider will take reasonable steps to restore the electronic copy of the material to the network or to restore access to that IP/N/1/SGP/C/12 
Page 154  
 
  electronic copy, as the case may be, if it is technically and practically feasible 
to do so, unless, within  10 working days after the date of such notification —  
 
(BA) court proceedings are commenced by the owner of the copyright in the material, or under the owner’s authority, to prevent 
that electronic copy or the access to that electronic copy, as the case 
may be, from being restored; and   (BB) the network service provider is informed in writing of the court proceedings; and  
 
(C) the network service provider takes reasonable steps to restore the electronic copy of the material to the network or to restore access to that electronic copy, as the case may be, if it is technically and practically feasible to do so, not less than 10, nor more than 14, working days after the 
date of the notification referred to in  sub-paragraph (B), unless, within 10 
working days after that date —  
 
(CA) court proceedings are commenced by the owner of the copyright in the material, or under the owner’s authority, to prevent 
that electronic copy or the access to that electronic copy, as the case 
may be, from being restored; and  
 (CB) the network service provider is informed in writing of the court proceedings; or  
 
(ii) in the case of any removal or disab ling done in reliance on any knowledge 
referred to in section 193D (2) ( b) (i) or (ii) or (4) ( b) (i) or (ii), the network service 
provider takes reasonable steps to restore th e electronic copy of the material to the 
network or to restore access to that electronic copy, as the case may be, if it is technically and practically feasible to do so, not less than 10, nor more than 14, working days after the date the network service provider is furnished with the counter 
notice, unless, within 10 working days after that date —  
 
(A) court proceedings are commenced by  the owner of the copyright in the 
material, or under the owner’s authority, to prevent that electronic copy or the 
access to that electronic copy, as the case may be, from being restored; and  
 
(B) the network service provider is informed in writing of the court 
proceedings.    
 
[22/2005]  
 
(3) Subsection (1) shall apply whether or not it is ultimately determined that any relevant act that 
was carried out constitutes an infringement of co pyright in the material under this Act.    
 
[52/2004]  
 
(4) Notwithstanding anything to the contrary in an y law (written or otherwise), a network service 
provider shall not be subject to any liability under an y rule of law in respect of any action taken in 
good faith in relation to —   
(a) the restoration of an electronic copy of any material to his primary network; or   IP/N/1/SGP/C/12 
 Page 155 
 
 
   
(b) the restoration of access to an electronic copy of any material on any network,  
 if such restoration was done in reliance on any counter notice referred to in subsection (2) ( b).   
 
[52/2004;22/2005]  
 
(5) A network service provider shall not be treated as  having authorised the doing of any act which is 
an infringement of copyright under this Act solely  by reason of the occurrence of only one of the 
following matters:  
 
(a) the network service provider has provided a f acility which was used by another person to 
do that act;   (b) the network service provider has received  any notice referred to in section 193C (2) ( b) or 
193D (2) ( b) (iii) or (4) ( b) (iii) in respect of that act;  
 (c) the network service provider has acquired an y knowledge referred to in section 193D (2) 
(b) (i) or (ii) or (4) ( b) (i) or (ii) in respect of that act.    
 
[22/2005]  
 
Relief which court may grant 
193DB. —(1) The types of relief that the court may grant against a network service provider, if the 
court is satisfied that section 193B (1) applies to  the network service provider, shall be limited to 
either or both of the following:  
 
(a) an order requiring the network service provider to take reasonable steps to disable access 
to an online location that is physically situated outside Singapore;   (b) an order requiring the network service provider to terminate a specified account.    
 
[52/2004]  
 
(2) The types of relief that the court may grant ag ainst a network service provider, if the court is 
satisfied that section 193C (1) or 193D (1) applies to the network service provider, shall be limited to 
one or more of the following:  
 
(a) an order requiring the network service provider —  
 
(i) to remove an infringing electronic copy of the material from the network service provider’s primary network; or   
(ii) to disable access to an infringing electronic copy of the material on the primary 
network or another network;  
 
(b) an order requiring the network service provider to terminate a specified account;   
(c) such other order or orders as may be necessary,  if that order is, or those orders are, the 
least burdensome to the network service provider among comparatively effective non-
monetary orders.    
 
[52/2004]  IP/N/1/SGP/C/12 
Page 156  
 
   
(3) When making an order under subsection (1) or  (2), the court shall have regard to —  
 
(a) the harm that has been or may fo reseeably be caused to the plaintiff;  
 
(b) the burden that the making of the order will place on the network service provider;  
 (c) the technical feasibility of complying with the order;   (d) the effectiveness of the order;  
 
(e) any possible adverse effect on the business or  operations of the network service provider;  
 (f) whether some other comparatively effectiv e order would be less burdensome; and  
 
(g) all other matters which it considers relevant.    
 
[52/2004]  
 
Evidence of compliance with conditions 
193DC. —If, in an action relating to this Part, a network service provider adduces evidence, as 
prescribed, that suggests that he has complied with a condition —  
 
(a) referred to in section 193B (2), 193C (2) or 193D (2) or (4); or  
 (b) prescribed in any regulati ons made under section 193DE,  
 
the court shall presume, in the ab sence of evidence to the contrary, that the network service provider 
has complied with that condition.     
[52/2004]  
 
Maker of false notice guilty of offence and liable in damages 
193DD. —(1) A person who, in making a notice under section 193C (2) ( b), 193D (2) ( b) (iii) or 
(4) (b) (iii) or 193DA (2) ( b), makes any statement which is false, which he knows is false or does not 
believe to be true, and which touches any point material to the object of the notice —  
 
(a) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding 
$10,000 or to imprisonment for a te rm not exceeding 2 years; and  
 (b) shall also be liable in damages to any pers on who suffers any loss or damage as a result of 
the making of that notice for any such loss or damage that is reasonably foreseeable as likely 
to result from the making of that notice.    
 
[52/2004]  
 
(2) Subsection (1) shall apply whether or not the statement is made in Singapore, and if a person 
makes the statement outside Singapore, he may be dealt with under subsection (1) ( a) as if the offence 
were committed in Singapore.    
 
[52/2004]  
  IP/N/1/SGP/C/12 
 Page 157 
 
 
  Regulations 
193DE. —(1) The Minister may make regulations prescribing any thing required or authorised to be 
prescribed under this Part.     
[52/2004]  
 
(2) Without prejudice to the generality of subsection (1), the regulations may —  
 
(a) prescribe the procedure or requirements for the notices to be furnished under this Part, 
including the forms of and information to be c ontained in such notices, the manner of sending 
such notices, and the manner of verification of statements in such notices; and  
 (b) prescribe other conditions which a network ser vice provider must comply with in order to 
benefit from the provisions in this Part.    
 
[52/2004]  
 
User caching 
193E. —Copyright in any material is not infringed by the making of a transient and incidental 
electronic copy of the material from an electronic copy  of the material made available on a network, if 
the making of the first-mentioned copy is required for the viewing, listening or utilisation of the 
material by a user of this or another network.    
 
[38/99;22/2005]  
 
Transfer of electronic copy of material 
193F. —(1) This section shall apply where an electroni c copy of any material has been purchased on 
or after 15th December 1999 on terms which, expressly or  impliedly or by virtue of any rule of law, 
allow the purchaser to copy the material, or to adapt it or make copies of an adaptation, in connection 
with his use of it.     
[38/99]  
 
(2) If there are no express terms —   
(a) prohibiting the transfer of the copy by the purchaser, imposing obligations which continue 
after a transfer, prohibiting the assignment of any licence or terminating any licence on a 
transfer; or  
 (b) providing for the terms on which a transfer ee may do the things which the purchaser was 
permitted to do,  
 anything which the purchaser was allowed to do may also be done without infringement of copyright 
by a transferee.   
 
[38/99]  
 
(3) Notwithstanding subsection (2), any copy (inclu ding the original purchased copy), adaptation or 
copy of an adaptation which is not also transferre d is to be treated as an infringing copy of the 
material for all purposes after the transfer.     
[38/99]  
 IP/N/1/SGP/C/12 
Page 158  
 
  (4) Subsections (2) and (3) shall also apply where the original purchased copy is no longer usable 
and what is transferred is a further copy used in its place.     
[38/99]  
 
(5) Subsections (2), (3) and (4) shall also apply on a subsequent transfer, with the substitution for 
references in subsection (2) to the purchaser of references to the subsequent transferor.    
 
[38/99]  
 
 
 
PART X 
 
MISCELLANEOUS 
 
Assignments and licences in respect of copyright 
194.—(1) Subject to this section, copyright shall be  transmissible by assignment, by testamentary 
disposition, or by operation of law as personal or movable property.   
 (2) An assignment of copyright may be limited in any of the following ways, or in any combination of 
2 or more of those ways:  
 
(a) so as to apply to one or more, but not all, of  the classes of acts which by virtue of this Act 
the owner of the copyright has th e exclusive right to do (including any one or more classes of 
acts not separately designated in this Act as being restricted by the copyright, but falling 
within any of the classes of acts so designated);  
 (b) so as to apply to any one or more, but not all, of the countries in relation to which the owner of the copyright has by virtue of this Act that exclusive right;   (c) so as to apply to part, but not the whole, of the period for which the copyright is to subsist,  
 
and references in this Act to a partial assignm ent are references to an assignment so limited.   
 (3) No assignment of copyright (whether total or partial) shall have effect unless it is in writing 
signed by or on behalf of the assignor.   
 
(4) Subject to subsection (4A), a licence granted in  respect of any copyright by the person who, in 
relation to the matters to which the licence relates, is the owner of the copyright shall be binding upon 
every successor in title to his interest in the co pyright, except a purchaser in  good faith for valuable 
consideration and without notice ( actual or constructive) of the licence or a person deriving title from 
such a purchaser.    
 
[21/2004]  
 
(4A) A licence granted to the Government or any st atutory board on or after 1st July 2004 in respect 
of any copyright by the person who, in relation to th e matters to which the licence relates, is the owner 
of the copyright shall be binding upon every successor in title to his interest in the copyright.    
 
[21/2004]  
  IP/N/1/SGP/C/12 
 Page 159 
 
 
  (5) References in this Act, in relation to any co pyright, to the doing of anything with, or (as the 
case may be) without, the licence of the owner of the copyright shall be construed accordingly.    (6) In this section, "statutory board" means any body corporate established by or under any written 
law to perform or discharge a public function.    
 
[21/2004]  
 
[Aust. 1968, s. 196]   
 
Prospective ownership of copyright 
195.—(1) Where by an agreement made in relation to any future copyright, and signed by or on behalf 
of the prospective owner of the copyright, the prospective owner purports to assign the future 
copyright (wholly or partially) to another person (re ferred to in this subsection as the assignee), then 
if, on the coming into existence of the copyright, the assignee or a person claiming under him would, 
apart from this subsection, be entitled as against all ot her persons to require the copyright to be vested 
in him (wholly or partially, as the case may be), the copyright shall, on its coming into existence, vest 
in the assignee or his successor in title accordingly by virtue of this  subsection and without further 
assurance.    (2) Where, at the time when any copyright comes in to existence, the person who, if he were then 
living, would be entitled to the copyright is dead, the copyright shall devolve as if it had subsisted 
immediately before his death and he had then been the owner of the copyright.    (3) Section 194 (4) and (4A) shall apply in relation to a licence granted by a prospective owner of any 
copyright as it applies in relation to a licence granted by the owner of a subsisting copyright, as if any 
reference in that subsection to the owner's intere st in the copyright included a reference to his 
prospective interest therein.     
[21/2004]  
 
[Aust. 1968, s. 197]   
 
Copyright to pass under will with unpublished work 
196.—Where under a bequest (whether specific or ge neral) a person is entitled, beneficially or 
otherwise, to the manuscript of a literary, dramatic or musical work, or to an artistic work, and the 
work was not published before the d eath of the testator, the bequest shall, unless a contrary intention 
is indicated in the testator’s will or a codicil th ereto, be construed as including the copyright in the 
work insofar as the testator was the owner of th e copyright immediately before his death.   
 
[Aust. 1968, s. 198]   
 
Provisions as to Government copyright 
197.—(1) In the case of every original literary, dram atic, musical or artistic work made by or under 
the direction or control of the Government —   
(a) if apart from this section copyright would no t subsist in the work, copyright shall subsist 
therein by virtue of this subsection; and  
 
(b) in any case, the Government shall, subject to this Part, be entitled to the copyright in the 
work.  
 IP/N/1/SGP/C/12 
Page 160  
 
  (2) The Government shall, subject to this Part, be  entitled to the copyright in every original literary, 
dramatic, musical or artistic work first published in Singapore, or in another country to which 
section 27 extends, if first published by or under th e direction or control of the Government.   
 (3) Copyright in a literary, dramatic or musical work, to which the Government is entitled in 
accordance with subsection (1) or (2) —  
 
(a) where the work is unpublished, shall conti nue to subsist so long as the work remains 
unpublished; and   
(b) where the work is published, shall subsis t (or, if copyright in the work subsisted 
immediately before its first publication, shall con tinue to subsist) until the end of the period of 
70 years from the end of the calendar year in which the work was first published, and shall 
then expire.    
 
[21/2004]  
 
(4) Copyright in an artistic work to which the Government is entitle d in accordance with this section 
shall continue to subsist until the end of the peri od of 70 years from the end of the calendar year in 
which the work was made, and shall then expire.     
[21/2004]  
 
(4A) Where the work referred to in subsection (4) is an engraving or a photograph, the copyright shall 
continue to subsist until the end of the period of 70 years from the end of the calendar year in which 
the engraving or photograph is first published.    
 
[21/2004]  
 
(5) In the case of every sound recording or cinema tograph film made by or under the direction or 
control of the Government —   
(a) if apart from this section copyright would not subsist in the recording or film, copyright 
shall subsist therein by virtue of this subsection; and   (b) in any case, the Government shall, subject to this Part, be entitled to the copyright in the 
recording or film; and it shall subsist for the sa me period as if it were copyright subsisting by 
virtue of, and owned in accordance with, Part IV.  
 (6) This section shall have effect subject to any ag reement made by or on behalf of the Government 
with the author of the work, or the maker of th e sound recording or cinematograph film, as the case 
may be, whereby it is agreed that th e copyright in the work, recording or  film shall vest in the author 
or maker, or in another person designate d in the agreement in that behalf.   
 
(7) In relation to copyright subsisting by virtue of this section —   
(a) in the case of a literary, dramatic, musical or  artistic work, the provisions of Part III, with 
the exception of provisions thereof relating to  the subsistence, dura tion or ownership of 
copyright; and  
 (b) in the case of a sound recording, cinemat ograph film or cable pr ogramme, the provisions 
of Part IV, with the exception of provisions ther eof relating to the subsis tence or ownership of 
copyright,   IP/N/1/SGP/C/12 
 Page 161 
 
 
   
shall apply as those provisions apply in relation to copyright subsisting by virtue of Part III or IV, as 
the case may be.    (8) For the avoidance of doubt, it is hereby declar ed that section 12 of the Government Proceedings 
Act (Cap. 121) (which relates to infringements of i ndustrial property by employees or agents of the 
Government) shall apply to copyright under this Act.    
[Aust. 1968, ss. 176, 177, 178, 179, 180, 181 and 182]   
 
Use of copyright material for service of Government 
198.—(1) The copyright in a literary, dramatic, musical or artistic work or a published edition of such 
a work, or in a sound recording, cinematograph f ilm, television broadcast, sound broadcast or cable 
programme, shall not be infringed by the Government  or by a person authorised in writing by the 
Government doing any acts comprised in the copyright if the acts are done for the service of the 
Government.   
 (2) Where the Government has made an agreement or  arrangement with the government of some other 
country for the supply to that country of goods required for the defence of that country —   
(a) the doing of any act in connection with the supply of those goods in pursuance of the 
agreement or arrangement; and  
 (b) the sale to any person of such of tho se goods as are not required for the purposes of the 
agreement or arrangement,  
 
shall, for the purposes of subsection (1), be each de emed to be for the service of the Government.   
 (3) Authority may be given under subsection (1) befo re or after the acts in respect of which the 
authority is given have been done, and may be give n to a person notwithstanding that he had a licence 
granted by, or binding on, the owner of the copyright to do the acts.    
(4) Where an act comprised in a copyright has been done under sub section (1), the Government shall 
as soon as possible, unless it appears to the Government th at it would be contrary to the public interest 
to do so, inform the owner of the copyright, as prescr ibed, of the doing of the act and shall furnish him 
with such information as to the doing of the act as he from time to time reasonably requires.   
 
(5) Where an act comprised in a copyright has been done under subsection (1), the terms for the doing 
of the act are such terms as are, whether before  or after the act is done, agreed between the 
Government and the owner of the copyright or, in default of agreement, as are fixed by a Copyright 
Tribunal.    (6) An agreement or licence (whether made or gran ted before or after 10th April 1987) fixing the 
terms upon which a person other than the Governme nt may do acts comprised in a copyright is 
inoperative with respect to the doing of those act s after that date, under subsection (1), unless the 
agreement or licence has been approved by the Minister.     
[S 107/87]  
 
(7) Where an article is sold and the sale is not by virtue of subsection (1), an infringement of a 
copyright, the purchaser of the article, and a person claiming through him, is entitled to deal with the article as if the Government were the owner of that copyright.    IP/N/1/SGP/C/12 
Page 162  
 
  (8) An act done under subsection (1) does not constitu te publication of a work or other subject-matter 
and shall not be taken into account in the applica tion of any provision of this Act relating to the 
duration of any copyright.    (9) Where an exclusive licence is in force in rela tion to any copyright, subsections (1) to (8) shall 
have effect as if any reference in those subsections  to the owner of the copyright were a reference to 
the exclusive licensee.    (10) The copying of the whole or a part of a work for the teaching purposes of an educational 
institution of, or under the control of, the Govern ment shall, for the purposes of this section, be 
deemed not to be an act done for the service of the Government.    
 
[S 130/88]  
 
[Aust. 1968, s. 183]   
 
Reception of broadcasts or cable programmes 
199.—(1) A person who, by the reception of a te levision broadcast, sound broadcast or cable 
programme, causes a literary, dramatic or musical work , or an adaptation of such work, to be seen, 
heard or seen and heard, in public does not, by doing so , infringe the copyright, if any, in the work.   
 
(2) A person who, by the reception of an author ised television broadcast or authorised cable 
programme, causes a cinematograph film to be seen,  heard or seen and heard, in public shall be 
treated, in any proceedings for infringement of the copy right (if any) in the film under Part IV, as if he 
had been the holder of a licence granted by the owner of that copyright to cause the film to be seen or 
heard in public by the reception of the broadcast or the cable programme.   
 
(3) A person who, by the reception and immediat e retransmission of an authorised television 
broadcast or sound broadcast causes a literary, drama tic or musical work or an adaptation of such a 
work, an artistic work or a cinematograph film to  be included in a program me in a cable programme 
service shall be treated, in any proceedings for infring ement of the copyright, if any, in the work or 
film, as if he had been the holder of a licence grante d by the owner of that copyright to include the 
work, adaptation or film to be transmitted by hi m in any programme included in a cable programme 
service.     
[52/2004]  
 
(4) If, in the circumstances mentioned in subsecti on (2) or (3), the person causing the cinematograph 
film to be seen or heard, or the work, adaptation or  cinematograph film to be transmitted, as the case 
may be, infringed the copyright in question, by reas on that the broadcast or cable programme was not 
an authorised broadcast or programme, proceedings sh all not be brought against that person under this 
Act in respect of his infringement of that copy right, but it shall be taken into account in assessing 
damages in any proceedings against the maker of the broadcast or programme in respect of that 
copyright, insofar as that copyright was infringed by  them in making the broadcast or programme.   
 (5) For the purposes of this section, a broadcast or  cable programme shall be taken, in relation to 
a work, an adaptation of a work or a cinematograph film, to be an authorised broadcast or programme 
if, but only if, it is made by, or with the licence of, the owner of the copyright in the work or film.   
 
(6) A reference in subsection (3) to a broadcast shall —   
(a) in the case of a television broadcast, be read  as a reference to a television broadcast made 
from a place in Singapore by the holder of a broadcasting licence; and   IP/N/1/SGP/C/12 
 Page 163 
 
 
   
(b) in the case of a sound broadcast, be read as a reference to a sound broadcast made from a 
place in Singapore by the holder of a broadcasting licence.    
 
[38/99]  
 
(7) For the avoidance of doubt, a reference in subsec tion (3) to an inclusion of a literary, dramatic, 
musical or artistic work or a cinematograph film in a programme in a cable programme service shall not include the making available of the work or film on the Internet.     
[52/2004]  
 
[Aust. 1968, s. 199]   
 
Groundless threats of legal proceedings 
200.—(1) Where a person, by means of circulars, adve rtisements or otherwise, threatens a person with 
an action or proceeding in respect of an infringem ent of copyright, then, whether the person making 
the threats is or is not the owner of the copyright or an exclusive licensee, a person aggrieved may bring an action against the first-mentioned person and may —   
(a) obtain a declaration to the effect that the threats are unjustifiable;  
 
(b) obtain an injunction against the continuance of the threats; and   (c) recover such damages, if any, as he has sustained,  
 
unless the first-mentioned person satisfies the court that the acts in respect of which the action or 
proceeding was threatened constituted, or, if done, would constitute, an infringement of copyright.   
 (2) The mere notification of the existence of a copy right does not constitute a threat of an action or 
proceeding within the meaning of this section.    
(3) Nothing in this section shall render an advo cate and solicitor liable to an action under this 
section in respect of an act done by him in his professional capacity on behalf of a client.    (4) The defendant in an action under this section ma y apply, by way of counterclaim, for relief to 
which he would be entitled in a sepa rate action in respect of an infri ngement by the plaintiff of the 
copyright to which the threats relate and, in any su ch case, the provisions of this Act with respect to 
an action for infringement of a copyright are, with  the necessary modifications, applicable in relation 
to the action.    
[Aust. 1968, s. 202]   
 
Notation of copies, etc. 
201.—(1) In proceedings against a person or body for infringement of copyright in a work in 
connection with the making, by or on behalf of an in stitution, of a copy of the whole or a part of that 
work, the person or body is not entitled to rely on section 45, 46, 48, 52, 54 or 54A as justification for 
the making of that copy unless, at or about the tim e the copy was made, there was made on the copy a 
notation —  
 
(a) stating that the copy was made on behalf of  that institution and the date on which it was 
made; and   IP/N/1/SGP/C/12 
Page 164  
 
  (b) in the case of a copy that was made in relia nce on section 54 (4), stating that the copy is a 
prescribed reproduction made in re liance on that subsection.    
 
[6/98]  
 
(2) In proceedings against a person or body for infri ngement of copyright in a sound recording or a 
cinematograph film in connection with the making, by or on behalf of an institution, of a copy of the sound recording or cinematograph film, the person or body is not entitled to rely on section 113 as 
justification for the making of the copy unless, at or about the time the copy was made, there was 
made on, or attached to, the copy a notation sta ting that the copy was made on behalf of that 
institution and setting out the date on which the copy was made.   
 (3) In proceedings against a person or body for infr ingement of copyright in a work in connection 
with the making, on behalf of an institution assi sting handicapped readers, a record embodying a 
sound recording of the work, or of a part of the wo rk, the person or body is not entitled to rely on 
section 54 (1) unless, at the time the record was ma de, there was embodied on the record, immediately 
before the commencement of that  sound recording, a sound recording of a prescribed message.   
 (4) A person who —   
(a) makes on a copy of the whole or a part of a work, a notation referred to in subsection (1);  
 
(b) makes on, or attaches to, a copy of a sound recording or a cinematograph film a notation of the kind referred to in subsection (2); or   (c) causes to be embodied on a record embodying a sound recording a message referred to in 
subsection (3),  
 being a notation of message that contains a statem ent that the person knows, or ought reasonably to 
know, is false or misleading in a material particular, shall be guilty of an offence and shall be liable on 
conviction to a fine not exceeding $2,000.    
(5) For the purposes of subsections (1), (2) and (3) —  
 
(a) where a copy of a work, a sound recording or  a cinematograph film is made, or caused to 
be made, by an authorised officer of a library, or is made by or on behalf of the officer-in-charge of a library, being a library of an institu tion, the copy shall  be deemed to have been 
made on behalf of the institution;  
 (b) where a copy of a work, a sound recording or a cinematograph film is made, or caused to be made by an authorised officer of a library, or is made by or on behalf of the officer-in-
charge of a library, being a library that is not a library of an institution, then —  
 
(i) the copy shall be deemed to have b een made on behalf of the person or body 
administering the library; and   (ii) those subsections apply as if a refere nce in those subsections to an institution 
included a reference to that person or body;  
 
(c) where a copy of a work, a sound recording or  a cinematograph film is made, or caused to 
be made, by an authorised officer of archives, or is made by or on behalf of the officer-in-
charge of archives, then —  
  IP/N/1/SGP/C/12 
 Page 165 
 
 
  (i) the copy shall be deemed to have b een made on behalf of the person or body 
administering the archives; and   (ii) those subsections apply as if a refere nce in those subsections to an institution 
included a reference to that person or body;  
 
(d) where a copy, or a record embodying a sound recording, of a whole or of a part of a work, is made by or on behalf of the body administer ing an institution, the copy or record, as the 
case may be, shall be deemed to have been made on behalf of the institution; and  
 
(e) where a copy of a sound recording or cinemat ograph film is made by or on behalf of the 
body administering an institution, the copy shall be deemed to have been made on behalf of 
the institution.  
 (6) The production, in any proceedings —  
 
(a) for infringement of copyright in a work;   (b) before a Copyright Tribunal on applica tion made under section 52 (11), 54 (10) or 
54A (7); or   
(c) for a contravention of a provision of this Act,  
 of a copy of a work, or of a part of a work, bearing a notation of the kind referred to in subsection (1) is prima facie evidence of the matte rs stated in the notation.   
 
[6/98]  
 
(7) For the purposes of subsection (6), where a copy of  a work or a part of a work bears a notation of 
a kind referred to in subsection (1), the notation sh all, unless the contrary is proved, be deemed to 
have been made on the copy at or about the time the copy was made.    
(8) The production, in any proceedings of a kind refe rred to in subsection (6), of a record embodying 
a sound recording of a work or a part of a work, being a record that also embodies a sound recording of a message of the kind referred to in subsection (3),  is prima facie evidence of the matters stated in 
the message.    
(9) For the purposes of subsection (8), where a r ecord embodying a sound recording of a work or a 
part of a work also embodies a sound recording of a message of the kind referred to in subsection (3), 
the message shall, unless the contrary is proved, be deemed to have been embodied on the record at 
the time the record was made.    (10) The production, in any proceedings —  
 
(a) for infringement of copyright in a sound recording or a cinematograph film; or   (b) for a contravention of this Act,  
 
of a copy of a sound recording or a cinematograph film bearing, or to which there is attached, a 
notation of the kind referred to in subsection (2), is  prima facie evidence of the matters stated in the 
notation.    IP/N/1/SGP/C/12 
Page 166  
 
  (11) For the purposes of subsection (10), where a copy  of a sound recording or a cinematograph film 
bears, or where there is attached to such a copy, a notation of the kind referred to in subsection (2), the 
notation shall, unless the contrary is proved, be d eemed to have been made on or attached to the 
copy at or about the time the copy was made.    
(12) In this section, "copy", in relation to a work , or a part of a work, includes a microform copy, a 
Braille version, a large-print version, or a photogra phic version, of the work, or of the part of the 
work.    
[Aust. 1968, s. 203H]   
 
Immunity of Government, etc. 
201A. —No action or other legal proceed ings shall lie against the Government or any officer or 
employee thereof for anything which is in good faith done or omitted to be done in the exercise of any 
power, duty or function under this  Act or any regulations.    
 
[6/98]  
 
[Aust. 1968, s. 135AK]   
 
Offence committed by partnership or body corporate 
201B. —(1) Proceedings for an offence under sec tion 136, 139 or 254A alleged to have 
been committed by a partnership shall be brought agai nst the partnership in the name of the firm and 
not in that of the partners; but without prejudice to any liability of the partners under subsection (3).   
 
[38/99]  
 
(2) A fine imposed on a partnershi p on its conviction in such proceed ings shall be paid out of the 
partnership assets.     
[38/99]  
 
(3) Where a partnership is guilty of an offence unde r section 136, 139 or 254A , every partner, other 
than a partner who is proved to have been ignorant of or to have attempted to prevent the commission 
of the offence, is also guilty of the offence and liable to be proceeded against and punished 
accordingly.    
[38/99]  
 
(4) Where an offence under section 136, 139 or 2 54A committed by a body corporate is proved to 
have been committed with the consent or connivance of  a director, manager, secretary or other similar 
officer of the body, or a person purporting to act in any such capacity, he as well as the body 
corporate is guilty of the offence and liable to be  proceeded against and punished accordingly.    
 
[38/99]  
 
Regulations 
202.—(1) The Minister may make regulations, not inc onsistent with this Act prescribing all matters 
that are required to be prescribed or are necessar y or convenient to be prescribed for carrying out or 
giving effect to this Act.    (2) Without prejudice to the generality of subsecti on (1), the regulations made under this Act may 
provide for —   IP/N/1/SGP/C/12 
 Page 167 
 
 
   
(a) the keeping and retention of records and decl arations in relation to copies of works made 
by libraries, archives or institutions;   (b) the deposit of such records and declarations  with persons appointed by the Minister; and  
 
(c) the fees payable in respect of any application or matter under this Act.    
 
[22/2005]  
 
203.—(Omitted ) 
 204.—(Omitted ) 
  
 
PART XI 
 
TRANSITIONAL 
 
Division 1 — Preliminary  
 
Interpretation of this Part 
205.—(1) In this Part, the expression "photograph" sh all, in lieu of the meaning given to that 
expression by section 7, have the mean ing given by subsection (2).   
 
(2) For the purposes of any provision of this Part that provides that an expression is to have the 
meaning given to that expression by this section or that refers to an expression as defined by this 
section —   
"collective works" means —    
 
(a) an encyclopaedia, dictionary, year book or similar work;  
 (b) a newspaper, review, magazi ne or similar periodical; or  
 (c) a work written in distinct parts by differe nt authors, or in which works or parts of 
works of different authors are incorporated;  
 
"deliver", in relation to a lecture, includes de liver by means of a m echanical instrument;  
 "dramatic work" includes a piece for recitation, a choreographic work or entertainment in dumb show the scenic arrangement or acting form  of which is fixed in writing or otherwise, 
and a cinematograph production where the arra ngement, the acting form or the combination 
of incidents represented gives the work an original character;  
 
"lecture" includes an address, speech and sermon;   
"literary work" includes a map, chart, plan, table and compilation;  
 "perform", in relation to a dramatic work as defined by this section or a musical work, means to make an acoustic representation of the work or a visual representation of a dramatic action 
in the work, and includes such a representation made by means of a mechanical instrument;  IP/N/1/SGP/C/12 
Page 168  
 
   
"photograph" includes photo-lithograph and a work produced by a process similar to 
photography.  
 
[Aust. 1968, s. 204]   
 
References to making of works, recordings and films 
206.—For the purposes of any reference in this Part  to works, sound recordings or cinematograph 
films made before 10th April 1987, a work, sound recording or cinematograph film the making of 
which extended over a period shall be deemed not to  have been made before that date unless the 
making of it was completed before that date.    
 
[S 107/87]  
 
[Aust. 1968, s. 205]   
 
References in other laws or instruments to copyright 
207.—(1) Without prejudice to the operation of the other provisions of this Part —  
 
(a) a reference in any other written law or in an y contract, agreement or other instrument to a 
provision of the Copyright Act 1911 shall be read as a reference, or as including a reference, 
to the corresponding provision of this Act;  
 (b) a reference in any other written law or in an y contract, agreement or other instrument to 
copyright or to works in which copyright subsists  shall, if apart from this Act it would be read 
as a reference to copyright under the Copyright Act 1911 or to works in which copyright 
subsisted under that Act, be read as a re ference, or as including a reference, to 
copyright under this Act or to works or any ot her subject-matter in which copyright subsists 
under this Act, as the case may be; and   (c) a reference in any other written law or in an y contract, agreement or other instrument to 
the grant of an interest in copy right by licence shall be read, in relation to copyright under this 
Act, as a reference to the grant of a licence in respect of that copyright.  
 (2) This section shall have effect unless the contrary  intention appears in any other written law or in 
the contract, agreement or other instrument, as the case may be.    [Aust. 1968, s. 206]   
 
Authorship of photographs 
208.—A reference in this Act to the author of a photograph shall, in relation to a photograph taken 
before 10th April 1987, be read as a reference to the person who, at the time when the photograph was 
taken, was the owner of the material on which the photograph was taken.   
 
[Aust. 1968, s. 208]   
 
Publication 
209.—(1) For the purposes of the application of secti on 24 (5) in determining whether a publication 
that took place before 10th April 1987 was the firs t publication, the reference in that section to a 
period of not more than 30 days shall be read as a re ference to a period of not more than 14 days.    
 
[S 107/87]  
  IP/N/1/SGP/C/12 
 Page 169 
 
 
  (2) For the purposes of the application of section 24 (7) in relation to an act done before that date —  
 
(a) a reference in that section to copyright sh all include a reference to copyright under the 
Copyright Act 1911; and   
(b) a reference in that section to the licence of  the owner of copyright shall be read as a 
reference to the consent or acquiescence of the owner.  
 
[Aust. 1968, s. 209]   
  
Division 2 — Original Works 
 
Expired copyright not to revive 
210.—(1) Notwithstanding anything in Part III, copyright  shall not subsist by virtue of that Part in a 
work first published before 10t h April 1987 unless copyright subs isted in the work under the 
Copyright Act 1911 immediately before that date.    (2) Subsection (1) shall not apply in relation to a work to which Division 5 applies.    
[Aust. 1968, s. 210]   
 
Original works in which copyright subsists 
211.—(1) Section 27 (1) shall apply to works made be fore 10th April 1987 as if each reference in that 
subsection to a qualified person included a reference to a British subject and to a person domiciled in 
a country to which the Copyright Act 1911 extended.   
 
(2) Section 27 (2) shall apply to works first published before 10th April 1987 —   
(a) as if each reference in paragraph ( c) of that subsection to Si ngapore included a reference 
to a country to which the Copyright Act 1911 extended; and   
(b) as if paragraphs ( d) and ( e) of that subsection were omitted.  
 (3) Section 27 (2) shall apply to works that ar e first published after 10th April 1987 and the author 
of which died before the commencement of th e repealed Singapore Citizenship Ordinance 1957 
(Ord. 35/57) as if the reference in paragraph ( e) of that section to a qualified person included a 
reference to a person who w ould have been a citizen of Singapore if  that Ordinance had been in force 
immediately before his death.    (4) Section 27 (3) shall not apply to or in re lation to a building that was constructed before 
10th April 1987.     
[S 107/87]  
 
(5) This section shall have effect subject to section 210.    
[Aust. 1968, s. 211]   
 
Duration of copyright in photographs 
212.—Section 28 (6) shall not apply in relation to a photograph taken before 10th April 1987 but, 
subject to section 27 (2) as affected by section 2 07, copyright subsisting in such a photograph by IP/N/1/SGP/C/12 
Page 170  
 
  virtue of Part III shall continue to subsist until th e expiration of 70 years after the expiration of the 
calendar year in which the photograph was taken.     
[21/2004]  
 
[Aust. 1968, s. 212]   
 
Ownership of copyright 
213.—(1) Section 30 (4) and (6) shall not apply in re lation to works made before 10th April 1987.   
 
(2) Section 30 (5) shall not apply in relation to a work that was or is made in pursuance of an 
agreement made before 10th April 1987.    (3) Where a work is excluded from the application of section 30 (4), (5) or (6) by reason of either of 
subsection (1) or (2), section 30 (2) shall have effect in relation to the work subject to subsections (4) 
to (8).   
 (4) The operation of any of subsections (5) to (8) in relation to a particular work may be excluded or modified by agreement.    (5) Where, in the case of a work being a photograph, portrait or engraving —  
 
(a) a person made, for valuable consideration,  an agreement with another person for the 
taking of the photograph, the painting or drawing of the portrait or the making of the engraving by the other person; and   
(b) the work was made in pur suance of the agreement,  
 the first-mentioned person is the owne r of any copyright subsisting in the work by virtue of Part III.   
 (6) Where the work was made by the author in pursuance of the terms of his employment by another person under a contract of service or apprenticeship, that other person is the owner of any copyright 
subsisting in the work by virtue of Part III.   
 (7) Where the work is a literary, dramatic or artistic  work that was made by the author in pursuance of 
the terms of his employment by the proprietor of a newspaper, magazine or  similar periodical under a 
contract of service or apprenticeship and was so made for the purpose of publication in a 
newspaper, magazine or similar periodical, the author  is entitled to restrain the publication of the work 
otherwise than in a newspaper, magazine or similar periodical.    (8) In subsections (5), (6) and (7), expressions th at are defined by section 205 shall have the meanings 
respectively given to those expressions by that section and shall not have the meanings, if any, 
respectively given to those expressions by Part II.   
 
[Aust. 1968, s. 213]   
 
Recording of musical works 
214.—(1) Where a record of a work has, before 10th April 1987, been made by, or with the consent or 
acquiescence of, the owner of the copyright in the work under the Copyright Act 1911, Division 8 of 
Part III shall have the like effect as if the record ha d been made in Singapore for the purpose of retail 
sale and had been so made by, or with the licence of, the person who is entitled, by virtue of this 
Act, to authorise the making in Si ngapore of records of the work.    
  IP/N/1/SGP/C/12 
 Page 171 
 
 
  [S 107/87]  
 
(2) Section 19 (2) to (7) of the Copyright Act 1911 as in force immediately before 10th April 1987 
shall continue to apply in relation to records made before that date and, subject to that section, any 
regulations made for the purposes of that section a nd in force immediately before that date shall 
continue to apply in relation to those records.   
 
[Aust. 1968, s. 215]   
 
Publication of artistic works 
215.—Section 66 shall not apply in relation to a pa inting, drawing, engraving, photography or 
cinematograph film made before 10th April 1987, but the copyright in an artistic work is not infringed 
by the publication of a painting, drawing, engravi ng, photograph or cinemat ograph film made before 
that date if, by virtue of section 63 or 64, the ma king of the painting, drawing, engraving, photograph 
or film would not have constituted an infringement of the copyright under this Act if this Act had 
been in operation at the time when it was made.   
 
[Aust. 1968, s. 216]   
 
Reconstruction of buildings 
216.—The reference in section 72 (2) to construction of a building by, or with the licence of, the 
owner of the copyright in architectural  drawings or plans shall be read as including a reference to 
construction by, or with the licence of, the person wh o, at the time of the construction, was the owner 
of the copyright in the drawings or plans.    
[Aust. 1968, s. 217]   
 
Industrial designs 
217.—(1) Division 10 of Part III and the Schedule sh all not apply to artistic works made before 
10th April 1987.     
[S 107/87]  
 
(2) Copyright shall not subsist by virtue of this Act in an artistic work made before 10th April 1987 
which, at the time when the work was made, cons tituted a design capable of being registered under 
the Patents and Designs Act 1907 of the United Kingdom (U.K. 1907, c. 29), and was used, or 
intended to be used, as a model or pattern to  be multiplied by an industrial process.   
 
[Aust. 1968, s. 218]   
 
Reproduction of work upon payment of royalties 
218.—(1) The copyright in a literary, dramatic, musical or artistic work that has been published 
before 10th April 1987 is not infringed by the reproduction of the work for sale if —  
 
(a) the reproduction takes place at a time after the expiration of 25 years, or, in the case of a work in which copyright subsisted at the co mmencement of the Copyright Act 1911, after the 
expiration of 30 years, after the date of the death of the author; and   
(b) the person reproducing the work establishes —  
 
(i) that, before 10th April 1987, he gave the notice in writing of his intention to reproduce the work that was prescribed for th e purposes of the proviso to section 3 of 
the Copyright Act 1911; and  IP/N/1/SGP/C/12 
Page 172  
 
   
(ii) that he has paid, in the manner that  was prescribed for the purposes of that 
proviso, or is prescribed for the purposes of this section, as the case may be, to, or for the benefit of, the owner of the copyright  royalties in respect of all copies of the 
work sold by him calculated at the rate of  10% of the price at which he published the 
reproduction.  
 (2) The regulations may make provision for or in re lation to the manner in which, and the times at 
which, payment of royalties is to be made for the purposes of subsection (1) ( b) (ii) and may include 
provision requiring payment in advance, or ot herwise securing the payment of the royalties.   
 
(3) A reference in subsection (1) ( a) to a time after the expiration of a specified number of years from 
the date of the death of the author of a work shall, in the case of a work of jo int authorship, be read as 
a reference to a time after —   
(a) the expiration of the same number of years from the date of the death of the author who 
died first; or   (b) the date of the death of the author who died last,  
 whichever is the later.   
 
(4) Where a literary, dramatic or musical work, or an engraving, in which copyright subsisted at the 
date of the death of the author or, in the case of a work of joint authorship, at or immediately before 
the date of the death of the author who died last —   
(a) had not been published;  
 (b) in the case of a dramatic or musical work  — had not been perf ormed in public; and  
 (c) in the case of a lecture — had not been delivered in public,  
 
before that date, subsection (1) shall apply as if  the author had died on the date on which —  
 
(d) in the case of a literary work  (other than a lecture) or an engraving — the work was first 
published;   
(e) in the case of a dramatic or musical work — the work was first published or first 
performed in public, whiche ver first happened; or  
 (f) in the case of a lecture — the lecture was fi rst published or first delivered in public, 
whichever first happened.  
 
(5) In this section, expressions that are de fined by section 205 shall have the meanings 
respectively given to those expressions by that section and do not have the meanings, if any, 
respectively given to those expressions by Part II.    
[Aust. 1968, s. 219]   
 
  IP/N/1/SGP/C/12 
 Page 173 
 
 
  Division 3 — Subject-Matter other than Works 
 
Sound recordings 
219.—(1) Section 87 (1) shall apply in relation to sound recordings made before 10th April 1987 as if 
the reference in that section to a qualified person included a reference to a British subject and to a 
person domiciled in a country to which the Copyright Act 1911 extended.    
 
[S 107/87]  
 
(2) Section 87 (2) shall not apply in relation to a sound recording made before 10th April 1987.   
 
(3) Section 87 (3) shall apply in relation to sou nd recordings first published before 10th April 1987 as 
if the reference in that subsection to Singapore included a reference to a country to which the 
Copyright Act 1911 extended.    
(4) Section 92 shall not apply in relation to a sound recording made before 10th April 1987 but 
copyright subsisting in such a recording by virtue of section 87 (1) or (3) shall continue to subsist 
until the expiration of 70 years after the expiration of the calendar year in which the recording was 
made.     
[21/2004]  
 
[Aust. 1968, s. 220]   
 
Cinematograph films 
220.—Copyright shall not subsist by virtue of sectio n 88 in a cinematograph film made before 10th 
April 1987.   
 
[Aust. 1968, s. 221]   
 
Application of this Act to dramatic works a nd photographs comprised in cinematograph films 
221.—(1) Where a cinematograph film made before 10t h April 1987 was an original dramatic work as 
defined by section 205, this Act (other than this subs ection) shall have effect in relation to the film as 
if the film had been an original dramatic work  as defined by section 7 and the person who was the 
author of the work for the purposes of the Copyright Act 1911 shall be deemed to be the author of the 
work for the purposes of this Act as having e ffect by virtue of this subsection.   
 
(2) This Act shall have effect in relation to photogr aphs forming part of a cinematograph film made 
before 10th April 1987 in like manner as it has effect in relation to photographs not forming part of a 
cinematograph film.    
[Aust. 1968, s. 222]   
 
Television broadcasts and sound broadcasts 
222.—Copyright shall not subsist by virtue of section 89 in —  
 
(a) a television broadcast or a sound broa dcast made before 10th April 1987; or  
 
(b) a television broadcast or a sound broadcast ma de after that date that is a repetition of a 
television broadcast or a sound broadcast made before that date.  
 IP/N/1/SGP/C/12 
Page 174  
 
  Published editions of works 
223.—Copyright shall not subsist by virtue of sectio n 91 in a published edition of a work or works 
where the first publication of the edition took place before 10th April 1987.    
 
[S 107/87]  
 
[Aust. 1968, s. 224]   
 
Cable programmes 
224.—Copyright shall not subsist by virtue of sectio n 90 in a cable programme which is included in a 
cable programme service before 10th April 1987.  
  
Division 4 — Miscellaneous 
 
Actions for infringement 
225.—Sections 119 and 120 shall not apply to an infringement of copyright under the Copyright 
Act 1911 and shall not affect any proceedings under that Act, whether instituted before or after 
10th April 1987.    
[Aust. 1968, s. 226]   
 
Actions where copyright subject to exclusive licence 
226.—Division 3 of Part V shall not apply in relati on to a licence granted before 10th April 1987 and 
shall not affect any proceedings under the Copyright Act 1911, whether instituted before or after that 
date.   
 
[Aust. 1968, s. 228]   
 
Offences 
227.—For the purposes of Division 5 of Part V, the definition of "infringing copy" in section 7 shall 
apply as if any reference in that definition to co pyright included a reference to copyright under the 
Copyright Act 1911.   
 
[Aust. 1968, s. 229]   
 
Limitation of actions 
228.—Section 142 shall not apply in relation to an infringement of copyright under the Copyright 
Act 1911 or to an article made, or imported in to Singapore, before 10th April 1987.   
 
[Aust. 1968, s. 230]   
 
Restriction of importation of printed copies of works 
229.—(Omitted )  
 
References and applications to Tri bunal in relation to licence schemes 
230.—(1) Part VII shall apply in relation to licence schemes formulated before 10th April 1987 in like 
manner as it applies in relation to licence scheme s formulated on or after that date, but, for the 
purposes of the application of that Part in relation to licence schemes formulated before that date, any 
reference in that Part to copyright includes a refe rence to copyright under the Copyright Act 1911.    
 
[S 107/87]  
  IP/N/1/SGP/C/12 
 Page 175 
 
 
  (2) Any reference in section 163 to a refusal or failure to grant or procure the grant of a licence, or to a 
proposal that a licence should be granted, shall not include a reference to a refusal or failure that 
occurred, or to a proposal that was made, before 10th April 1987.    
[Aust. 1968, s. 232]   
 
Duration of Government copyright in photographs 
231.—Section 197 (4) shall apply in relation to photographs taken before 10th April 1987 as if 
subsection (4A) of that section were omitted.    [Aust. 1968, s. 233]   
 
Duration of Government copyright in recordings 
232.—Section 197 (5) shall apply in relation to sound recordings made before 10th April 1987 as if 
the reference in that section to the expiration of the calendar year in which the recording is first 
published were a reference to the expiration of the calendar year in which the recording was made.   
 
[Aust. 1968, s. 234]   
 
Government copyright in films 
233.—(1) Section 197 (5) shall not apply in re lation to cinematograph films made before 
10th April 1987.   
 (2) Where section 197 (5) does not apply in relation to a cinematograph film by reason of subsection (1) —   
(a) if the film was an original dramatic wo rk as defined by section 205 — section 197 (1), (2) 
and (3), shall apply, in relation to that work in accordance with section 221 (1); and  
 (b) section 197 (1), (2) and (3), as modified by section 231, shall apply in relation to 
photographs forming part of the film in like manner as they apply in relation to photographs not forming part of a cinematograph film.  
 
[Aust. 1968, s. 235]   
 
Works made or published by international organisations 
234.—(1) Section 185 (3) shall not apply in relati on to works made before 10th April 1987.   
 
(2) Section 185 (4) shall not apply in relation to  works first published before 10th April 1987.   
 
[Aust. 1968, s. 236]   
 
Subject-matter, other than original works, made  or published by international organisations 
235.—(1) Section 185 (3) shall not apply in relation to sound recordings or ci nematograph films made 
before 10th April 1987.     
[S 107/87]  
 
(2) Section 185 (4) shall not apply in relation to  sound recordings or cinematograph films first 
published before 10th April 1987.    IP/N/1/SGP/C/12 
Page 176  
 
  (3) Section 185 (5) shall not apply in relation to  an edition published before 10th April 1987.   
 
[Aust. 1968, s. 237]   
 
False attribution of authorship of work 
236.—(1) It is a breach of the duty imposed on a pers on by section 188 if the person does, on or after 
10th April 1987, any of the acts mentioned in subsection (1) ( b) and ( c) of that section in relation to a 
work notwithstanding that the name concerned w as inserted or affixed before that date.    
 
[52/2004]  
 
(1A) It is a breach of the duty imposed on a pers on by section 188 if the person does, on or after 
1st January 2005, any of the act s mentioned in subsection (1) ( b) and ( c) of that section in relation to a 
recording of a performance, notwithstanding that th e name concerned was inser ted or affixed before 
that date.    
 
[52/2004]  
 
(2) Subject to subsection (1), Part IX shall not appl y in relation to acts done before 10th April 1987.   
 (2A) Subject to subsection (1A), Part IX sh all not apply in relation to acts done before 
1st January 2005 in respect of a recording of a performance.    
 
[52/2004]  
 
(3) In this section, "name" includes initials or a monogram.   
 
[Aust. 1968, s. 195AE]   
 
Assignments and licences 
237.—(1) Subject to this section, where copyright subs ists in a work by virtue of this Act, any 
document that was made, or event that occurred, before 10th April 1987, being a document or event 
that had any operation affecting the ownership of, or creating, transferring or terminating an interest, 
right or licence in respect of, copyright in the work under the Copyright Act 1911 or would have had such an operation if that Act had continued in forc e, shall have the like operation in relation to the 
copyright in the work under this Act.    
(2) If the operation of a document to which subsecti on (1) applies was or would have been limited to 
a period specified in the document, the document shall not have any operation in relation to the 
copyright under this Act, except insofar as that period extends after 10th April 1987.    (3) For the purposes of the operation of a doc ument in accordance with this section —  
 
(a) expressions used in the document shall have  the same respective meanings as they had 
immediately before 10th April 1987, whether or not those expressions have different 
meanings for the purposes of this Act; and   (b) section 195 (1) shall not apply.  
 
(4) Without prejudice to the generality of subsection (1), where the author of  a work that was made 
before 10th April 1987 was the first owner of the copyright in the work —    IP/N/1/SGP/C/12 
 Page 177 
 
 
  (a) any assignment of the copyright, or any grant of an interest in the copyright, made by the 
author (otherwise than by will) after th e commencement of the Copyright Act 1911 
and before 10th April 1987, being an assignmen t or grant that has effect in relation to 
copyright in the work under this Act by virtue of subsection (1), shall not operate to vest in the assignee or grantee any rights with respect  to the copyright in  the work after the 
expiration of 25 years after the date of the death of the author;  
 (b) on the death of the author, the reversionary  interest in the copyright expectant on the 
termination of that period shall devolve, not withstanding any agreement to the contrary, 
on his legal personal representative as part of his estate; and  
 
(c) any agreement entered into by the author as to  the disposition of that reversionary interest 
is of no force or effect.  
 (4A) Nothing in subsection (4) shall be taken to  apply to the assignment of the copyright in a 
collective work or a licence to publish a work or a pa rt of a work as part of a collective work.    
 
[S 107/87]  
 
(5) In subsection (4), expressions that are define d by section 205 have the meanings respectively 
given to those expressions by that section and shall not have the meanings, if any, respectively given 
to those expressions by Part II.   
 (6) Subsections (1) to (5) shall apply in relation to  copyright under this Act in a sound recording or in 
a cinematograph film in like manner as they apply in relation to copyright in a work but a reference in 
those subsections to the copyright under the Copyright Act 1911 shall —  
 
(a) in the application of those subsections in  relation to a sound recording — be read as a 
reference to the copyright under that Act in records embodying the recording; and  
 (b) in the application of those subsections in relation to a cinematograph film — be read as a 
reference to any copyright under that Act in the film (insofar as it constituted a dramatic work 
for the purposes of that Act) or in photographs forming part of the film.  
 
[Aust. 1968, s. 239]   
 
Bequests 
238.—(1) Section 196 shall not apply in relation to a bequest contained in the will of a testator who 
died before 10th April 1987.     
[S 107/87]  
 
(2) Where —  
 
(a) an author has died before 10th April 1987;   (b) a person has acquired, under the will of the author, the ownership of a manuscript of a 
work by the author; and  
 
(c) the work —  
 
(i) has not been published;   IP/N/1/SGP/C/12 
Page 178  
 
  (ii) in the case of a dramatic or musica l work — has not been performed in public; 
and   (iii) in the case of a lecture — has not been delivered in public,  
 
the ownership by that person of the manuscript sha ll be evidence that that person is the owner of 
the copyright in the work.    (3) In subsection (1), expressions that are de fined by section 205 shall have the meanings 
respectively given to those expressions by that section and shall not have the meanings, if any, 
respectively given to those expressions by Part II.   
 
[Aust. 1968, s. 240]   
 
Existing computer programs 
239.—(1) The Copyright Act 1911 shall apply to a co mputer program made before 10th April 1987 as 
it applies in relation to a literary work and shall so apply whether or not copyright would subsist in 
that program apart from this Act.    (2) Where, by virtue of subsection (1), copyright  subsists under the Copyright Act 1911 in a computer 
program that was made before 10th April 1987, no thing done in relation to the computer program 
before that date shall be taken to constitute an  offence under the repealed Copyright Act (Cap. 187, 
1970 Ed.) or an infringement of that copyright.    (3) For the purposes of this section, a computer program the making of which extends over a period 
shall be deemed not to have been made before  10th April 1987 unless the making of it was completed 
before that date.    
 
[S 107/87]  
 
 
Division 5 — Works made before 1st July 1912 
 
Interpretation of this Division 
240.—In this Division, "right conferred by the Copyright Act 1911", in relation to a work, means a 
right that, by virtue of section 24 of the Copyright Act 1911, was conferred in place of a right that subsisted immediately before the commencement of that Act.   
 
[Aust. 1968, s. 243]   
 
Application 
241.—This Division shall apply to works made before 1st July 1912.   
 [Aust. 1968, s. 244]   
 
Rights conferred by Copyright Act 1911 
242.—Notwithstanding anything in Division 2, section 27 shall not apply to a work to which this 
Division applies unless a right conferred by the Copyright Act 1911 subsisted in the work 
immediately before 10th April 1987.   
 
[Aust. 1968, s. 245]   
  IP/N/1/SGP/C/12 
 Page 179 
 
 
  Performing rights 
243.—(1) Where the right conferred by the Copyright Act 1911 in relation to a dramatic or musical 
work to which this Division applies did not include the sole right to perform the work in public, then, 
copyright, insofar as it subsists in the work by virt ue of this Act, shall not include the performing 
rights in relation to the work.   
 
(2) Where the right conferred by the Copyright Act 1911 in relation to a dramatic or musical work to 
which this Division applies consisted only of the so le right to perform the work in public, then, 
copyright, insofar as it subsists in the work by virtue  of this Act, shall consist only of the performing 
rights in relation to the work.   
 
(3) For the purposes of this section, the perform ing rights, in relation to a work, are —  
 
(a) the exclusive right to perform the work, or an adaptation of the work, in public;  
 
(b) the exclusive right to broadcast the wo rk or an adaptation of the work; and  
 (c) the exclusive right to cause the work, or an adaptation of the work, to be in a cable 
programme service.  
 
[Aust. 1968, s. 246]   
 
Contributions to periodicals 
244.—Where —  
 
(a) a work to which this Division applies (in this section referred to as the relevant work) 
consists of an essay, article or item forming part  of, and first published in, a review, magazine 
or other periodical or work of a like nature; and   (b) immediately before 10th April 1987, a right of publishing the relevant work in a separate 
form subsisted by virtue of the note to th e First Schedule to the Copyright Act 1911,  
 
copyright subsisting in the relevant work by virtue  of this Act shall be subject to that right of 
publishing the relevant work in a separate form.     
[S 107/87]  
 
[Aust. 1968, s. 247]   
 
Assignments and licences 
245.—(1) Without prejudice to the generality of section 237 (1), where —  
 
(a)  the author of a work to which this Divi sion applies had, before the commencement of the 
Copyright Act 1911, made an assignment or grant of a kind referred to in paragraph ( a) of the 
proviso to section 24 (1) of that Act (re ferred to in this section as paragraph ( a) of the 
proviso); and   (b) copyright subsists in the work by virtue of this Act,  
 
subsections (2), (3) and (4) shall have effect.    (2) If, before 10th April 1987, an event occurred or a notice was given, being an event or notice that, 
in accordance with paragraph ( a) of the proviso, had any operation affecting the ownership of the IP/N/1/SGP/C/12 
Page 180  
 
  right conferred by the Copyright Act 1911 in rela tion to the work or creating, transferring or 
terminating an interest, right or licence in respect of  that right, that event or notice shall have the like 
operation in relation to the copyright in the work under this Act.    (3) Any right that, at a time after 10th Ap ril 1987, would, by virtue of paragraph ( a) of the proviso, 
have been exercisable in relation to the work or in relation to the right conferred by the Copyright 
Act 1911, if this Act had not been enacted, shall be ex ercisable in relation to the work or in relation to 
the copyright subsisting in the work under this Act, as the case may be.   
 (4) If, in accordance with paragraph ( a) of the proviso, the right conferred by the Copyright Act 1911 
would have reverted to the author or his persona l representatives on the date referred to in that 
paragraph, and that date occurs after 10th April 1987, then on that date —  
 
(a) the copyright in the work under this Act shall revert to the author or his personal 
representatives, as the case may be; and  
 
(b) any interest of any other person in that copyri ght that subsists on that date by virtue of any 
document made before the commencement of the Copyright Act 1911 shall cease.  
 
[Aust. 1968, s. 248]   
  
 
PART XII 
 
PERFORMERS’ PROTECTION 
 
Interpretation of this Part 
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;  
 
"electronic copy", in relation to an electronic r ecording, means a copy in an electronic form of 
the recording;  
 "electronic recording" means a recording in an electronic form, whether it is a direct 
recording or a copy thereof;   
"exempt recording" means —    
 
(a) a direct or an indirect recording of a performance made solely for the purpose of the private and domestic use of the person who made it;    IP/N/1/SGP/C/12 
 Page 181 
 
 
  (b) a direct or an indirect recording of a performance made solely for the purpose of 
use in scientific research;   (c) a direct or an indirect recording of a performance made by, or on behalf of, the body administering an educational institu tion solely for the educational purposes 
of that institution or of another educational institution;  
 (d) a direct or an indirect recording of a performance made solely for the purposes of 
setting or answering the questions in an examination or communicating the 
questions to the candidates;  
 
(e) a direct or an indirect 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 or an indirect 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 study that he is undertaking or proposes to undertake, or for the purpose of otherwise instructing himself on any matter;  
 
(g) a direct or an indirect recording of a performance made by, or on behalf of, the body administering an institution assisti ng intellectually handicapped persons 
solely for the purpose of the provision, whet her by the institution or otherwise, of 
assistance to intellectually handicapped persons;  
 
(h) a direct or an indirect recording of a performance made —  
 
(i) for the purpose of, or in relation to, the reporting of news or current affairs; or   
(ii) for the purpose of criticism or review;  
   (i) a direct or an indirect 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 or an indirect recording of a performance made by a broadcaster who has the authority of the performer to broa dcast the performance, being a recording 
made solely for the purpose of making that broadcast;   
(k) a direct or an indirect 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;   IP/N/1/SGP/C/12 
Page 182  
 
  (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 re ferred 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, th at 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;  
 
"monetary relief" means damages, an account of profits or statutory damages;   "network service provider" —   
 
(a) for the purposes of section 252A, means a person who provides services relating 
to, or provides connections for, the tr ansmission or routing of data; and  
 (b) for the purposes of sections 252B to 252CC and 252CE, means a person who provides, or operates facilities for, online services or network access and includes a 
person referred to in paragraph ( a),  
  but does not include such person or class of persons as the Minister may prescribe;   
"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;  
 
"primary network", in relation to a network servi ce provider, refers to a network controlled or 
operated by or for the network service provider;    IP/N/1/SGP/C/12 
 Page 183 
 
 
  "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 70 calendar years after 
the calendar year in which the performance is given;   "qualified person" means a citizen of Singapor e or a person resident in Singapore;  
 
"recording" means a sound recording other than an exempt recording;   "routing" means directing or choosing the mean s or routes for the transmission of data;  
 
"sound recording" includes an article in which sounds are embodied;  
 "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.     
 
[6/98; 38/99;21/2004;52/2004]  
 
(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; or   (f) any other performance as may be prescribed by the Minister.    
 
[6/98]  
 
(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 relati on 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 re lation 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  
 IP/N/1/SGP/C/12 
Page 184  
 
  (d) a reference to the doing of an act in re lation 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.    
 
[6/98]  
 
[Aust. 1968, s. 248A]   
 
Educational purposes 
247.—Without limiting the meaning of the expressi on "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.    
 
[6/98]  
 
[Aust. 1968, s. 248B]   
 
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 —  
 
(a) before the expiration of th e period of 6 months or, in the case of a recording made by a 
non-profit organisation solely for its own br oadcast, 2 years, commencing on the day on 
which the recording is first used fo r broadcasting the performance; or  
 (b) before the expiration of such further period, if any, as is agreed between the maker of the 
recording and the performer of the performance,  
 
the recording shall, at the end of that pe riod, cease to be an exempt recording.    
 
[38/99]  
 
(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 —   
(a) before the expiration of th e 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; or  
 
(b) before the expiration of such further period, if any, as is agreed between the maker of the 
copy and the performer of the performance,  
 the copy of the recording shall, at the end of th at period, cease to be an exempt recording.    
 
[38/99]  
 
(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  IP/N/1/SGP/C/12 
 Page 185 
 
 
  recording" in section 246 (1), ceases to be an exem pt recording if it is used for any other purpose 
without the authority of the performer.     
[6/98]  
 
[Aust. 1968, s. 248C]   
 
Private and domestic use 
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) selling it, letting it for hire, or by way of trade offering or exposing it for sale or hire;   (b) distributing it for the purposes of trade;  
 
(c) by way of trade exhibiting it in public;   (d) broadcasting it or including it in a cable programme service; or   (e) causing it to be heard in public.   
 
[6/98;38/99]  
 
References to inclusion of performance in cable programme service 
250.—A reference in this Part to the inclusion of a performance or a recording thereof in a cable 
programme service is a reference to the inclusion of the performance or recording in a programme of 
such a service by the person providing that service.     
[6/98;38/99]  
 
Application 
251.—(1) Subject to the other provisions of this Part, this Part shall apply to an act done on or after 
16th April 1998 in relation to a performance gi ven before, on or after that date.    
 
[6/98;38/99]  
 
(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.     
[6/98]  
 
[Aust. 1968, s. 248F]   
 
What constitutes unauthorised use 
252.—(1) A person makes an unauthorised use of a pe rformance if the person, at any time during the 
protection period of the performance and without the authority of the performer —  
 
(a) makes a direct or an indirect recording of the performance in any manner or medium;   (b) communicates the live performance to the public;   IP/N/1/SGP/C/12 
Page 186  
 
  (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;  
 
(e) causes the performance to be seen and hear d, or seen or heard, live in public;  
 (f) publishes the recording of the performance if it is unpublished; or   
(g) makes available a recording of the performance to the public (on a network or otherwise) 
in such a way that the recording may be acc essed by any person from a place and at a time 
chosen by him.    
 
[6/98;52/2004]  
 
(1A) A person makes an unauthorised use of a perf ormance if the person, at any time on or after 
15th December 1999 and during the protection period of the performance, and without the authority of the performer —   
(a) sells, lets for hire, or by way of trade exhib its in public or offers or exposes for sale or hire 
a recording of the performance that the pers on knows, or ought reasonably to know, is an 
unauthorised recording;   (b) distributes a recording of the performance fo r the purposes of trade, being a recording that 
the person knows, or ought reasonably to kn ow, is an unauthorised recording; or  
 
(c) imports a recording of the performance into Singapore for the purpose of —  
 
(i) selling it, letting it for hire, or by way of  trade exhibiting it in public or offering or 
exposing it for sale or hire; or   
(ii) distributing it for the purposes of trade,  
 
being a recording that the person knows, or ought reasonably to know, is an unauthorised 
recording.    
 
[38/99]  
 
(1B) A reference in this section to the making of a copy of a recording of a performance includes a 
reference to the making of a copy which is transi ent or is incidental to some other use of the 
recording.     
[38/99]  
 
(2) This section shall apply only to acts done in Singapore.     
[38/99]  
 
[Aust. 1968, s. 248G]   
  IP/N/1/SGP/C/12 
 Page 187 
 
 
  Transmission, routing and provision of connections 
252A. —(1) The court shall not grant any monetary relief or, except as provided for in section 252CB, 
make any order against a network service provider for any unauthorised use of any performance, the protection period of which has not expired, that occurs by reason of —   
(a) the transmission or routing by the network service provider of, or the provision of 
connections by the network service provider for, an electronic recording of the performance through the network service provi der’s primary network; or  
 (b) any transient storage by the network service provider of an electronic recording of the 
performance in the course of such transmissi on, routing or provision of connections,  
 if the network service provider satisfies the conditions set out in subsection (2).     
[52/2004]  
 
(2) The conditions referred to in subsection (1) are that —   
(a) the transmission of the electronic recording of the performance was initiated by or at the 
direction of a person other than the network service provider;   
(b) the transmission, routing, provision of connections or storage is carried out through an 
automatic technical process without any sel ection of the electronic recording of 
the performance by the network service provider;   (c) the network service provider does not select th e recipients of the electronic recording of 
the performance except as an auto matic response to the request of another person; and  
 (d) the network service provider does not make an y substantive modification (other than any 
modification made as part of a technical process) to the content of the electronic recording of the performance during the transmission of th e electronic recording of the performance 
through the primary network.    
 
[52/2004]  
 
System caching 
252B. —(1) The court shall not grant any monetary relief or, except as provided for in section 252CB, 
make any order against a network service provider for any unauthorised use of any performance, the 
protection period of which has not expired, that occurs by reason of the making by the network 
service provider of an electronic recording of the performance (referred to in this section as the cached copy) on the network service provider’s primary network —   
(a) from another electronic recording of th e performance made available on a network 
(referred to in this section as the originating network);  
 (b) through an automatic process;   (c) in response to an action by a user of the primary network; and  
 
(d) in order to facilitate efficient access to th e performance by that user or other users,  
 if the network service provider satisfies the conditions set out in subsection (2).     IP/N/1/SGP/C/12 
Page 188  
 
  [52/2004]  
 
(2) The conditions referred to in subsection (1) are that —   
(a) the network service provider does not make an y substantive modification (other than any 
modification made as part of a technical process) to the content of the cached copy of the 
electronic recording of the performance during the transmission of the cached copy of the 
electronic recording of the performance to users of the primary network or another network;  
 (b) if the network service provider is furnished in the prescribed manner with a notice in, or 
substantially in accordance with, the prescribed  form relating to the cached copy of the 
electronic recording of the performance —  
 
(i) purportedly made by the performer of the performance or under the performer’s 
authority; and  
 
(ii) stating the prescribed matters,  
 
the network service provider expeditiously takes reasonable steps to remove or disable access 
to the cached copy of the electronic recordi ng of the performance on the primary network; 
and  
 
(c) the network service provider satisfies such other conditions as the Minister may prescribe 
in relation to —  
 
(i) access to the cached copy of the electroni c recording of the performance by users 
of the primary network or another network;  
 (ii) the refreshing, reloading or updating of the cached copy of the electronic recording of the performance; and   (iii) non-interference with technology used at the originating network to obtain 
information about the use of any electronic recording of any performance on the 
originating network, being technology that is  consistent with industry standards in 
Singapore.   
 
[52/2004;22/2005]  
 
Storage and information location 
252C. —(1) The court shall not grant any monetary relief or, except as provided for in section 252CB, 
make any order against a network service provider for any infringement of copyright in any performance, the protection period of which has not expired, that occurs by reason of —   
(a) the storage, at the direction of a user of the network service provider’s primary network, of 
an electronic recording of the performance on the primary network, if the network service provider satisfies the conditions referred to in subsection (2); or   (b) the network service provider referring or lin king a user of any network to an online 
location on a network (referred to in this sec tion as the originating network), being a location 
at which an electronic recording of the perform ance is made available, by the use of —  
 
(i) an information location tool such  as a hyperlink or directory; or  
  IP/N/1/SGP/C/12 
 Page 189 
 
 
  (ii) an information location ser vice such as a search engine,  
 
if the network service provider satisfies the c onditions referred to in subsection (4).    
 
[52/2004]  
 
(2) The conditions referred to in subsection (1) ( a) are that —  
 
(a) the network service provider does not receive a ny financial benefit directly attributable to 
any unauthorised use of the performance that occu rs in, or in the course of, making available 
the electronic recording of the performance on the primary network, provided that the 
network service provider has the right and ability to control the unauthorised use of the performance;   (b) if the network service provider —  
 
(i) acquires actual knowledge that there has been an unauthorised use of the 
performance in, or in the course of, making available the electronic recording of the 
performance on the primary network;   (ii) acquires knowledge of such facts or ci rcumstances which would lead inevitably to 
the conclusion that there has been an unauthorised use of the performance in, or in the 
course of, making available the electronic recording of the performance on the primary network; or   (iii) is furnished in the prescribed manne r with a notice in, or substantially in 
accordance with, the prescribed form relati ng to the electronic recording of the 
performance on the primary network —  
 
(A) purportedly made by the performer  of the performance or under the 
performer’s authority; and   
(B) stating the prescribed matters,  
 
the network service provider expeditiously takes reasonable steps to remove or disable access 
to the electronic recording of the performance on the primary network; and  
 
(c) the network service provider has designated a representative to receive any notice referred 
to in paragraph ( b) (iii) and published the prescribed information on the designated 
representative in the prescribed manner.    
 
[52/2004;22/2005]  
 
(3) For the purposes of subsection (2), a notice pur portedly made by the performer of the performance 
or under the performer’s authority which is not a notice referred to in subsection (2) ( b) (iii) shall not 
be considered in determining whether the netw ork service provider has acquired any knowledge 
referred to in subsection (2) ( b) (i) or (ii).    
 
[22/2005]  
 IP/N/1/SGP/C/12 
Page 190  
 
  (4) The conditions referred to in subsection (1) ( b) are that —  
 
(a) the network service provider does not receive a ny financial benefit directly attributable to 
any unauthorised use of the performance that occu rs in, or in the course of, making available 
the electronic recording of the performance on the originating network, provided that the 
network service provider has the right and ability to control the unauthorised use of the 
performance;   (b) if the network service provider —  
 
(i) acquires actual knowledge that there has been an unauthorised use of the 
performance in, or in the course of, making available the electronic recording of the 
performance on the originating network;   (ii) acquires knowledge of such facts or ci rcumstances which would lead inevitably to 
the conclusion that there has been an unauthorised use of the performance in, or in the 
course of, making available the electronic recording of the performance on the originating network; or   (iii) is furnished in the prescribed manne r with a notice in, or substantially in 
accordance with, the prescribed form relati ng to the electronic recording of the 
performance on the originating network —  
 
(A) purportedly made by the performer  of the performance or under the 
performer’s authority; and   
(B) stating the prescribed matters,  
 
the network service provider expeditiously tak es reasonable steps to disable access to the 
electronic recording of the performance on the orig inating network, and to remove or disable 
access to any electronic recording of the perform ance (being a copy made from the electronic 
recording of the performance on the originating network and of which the network service 
provider has actual knowledge) on the primary network; and  
 
(c) the network service provider has designated a representative to receive any notice referred 
to in paragraph ( b) (iii) and published the prescribed information on the designated 
representative in the prescribed manner.    
 
[52/2004;22/2005]  
 
(5) For the purposes of subsection (4), a notice pur portedly made by the performer of the performance 
or under the performer’s authority which is not a notice referred to in subsection (4) ( b) (iii) shall not 
be considered in determining whether the netw ork service provider has acquired any knowledge 
referred to in subsection (4) ( b) (i) or (ii).    
 
[22/2005]  
 
(6) For the purposes of subsections (2) ( a) and (4) ( a), in determining whethe r a financial benefit is 
directly attributable to the unauthorised use of th e performance, the court shall have regard to —  
 
(a) industry practice in relation to the char ging of services by network service providers;  
  IP/N/1/SGP/C/12 
 Page 191 
 
 
  (b) whether the financial benefit was greater th an the benefit that would usually result from 
charging in accordance with accepted industry practices; and   (c) all other matters that the court considers relevant.    
 
[22/2005]  
 
Exemption of network service provider from lia bility for removal of copy , etc., from network  
252CA. —(1) Notwithstanding anything to the contrary in any law (written or otherwise), a 
network service provider shall not be subject to any liability under any rule of law in respect of any 
action taken in good faith in relation to —  
 
(a) the removal of an electronic recording of any performance from his primary network; or  
 (b) the disabling of access to an electronic r ecording of any performance on his primary 
network or another network,  
 if —   
(i) such removal or disabling was done in  reliance on any notice referred to in 
section 252B (2) ( b) or 252C (2) ( b) (iii) or (4) ( b) (iii) or any knowledge referred to in 
section 252C (2) ( b) (i) or (ii) or (4) ( b) (i) or (ii); and  
 (ii) in the case of any removal or disabling done in reliance on any notice referred to in 
section 252C (2) ( b) (iii) or (4) ( b) (iii) or any knowle dge referred to in 
section 252C (2) ( b) (i) or (ii) or (4) ( b) (i) or (ii), the conditions referred to in subsection (2) 
are satisfied.    
 
[52/2004]  
 
(2) The conditions referred to in subsection (1) (ii) are that —   
(a) after such removal or disabling, the ne twork service provider expeditiously takes 
reasonable steps —  
 
(i) to notify the person who made available the electronic recording of the performance on the network of this; and  
 
(ii) in the case of any removal or disabling done in reliance on any notice referred to in section 252C (2) ( b) (iii) or (4) ( b) (iii), to provide that person with a copy of that 
notice; and  
 
(b) where the network service provider is furn ished in the prescribed manner, within the 
prescribed time, with a notice in, or substan tially in accordance with , the prescribed form 
purportedly made by the person who made av ailable the electronic recording of the 
performance on the network, or under that person's authority, stating the prescribed matters (referred to in this section as the counter notice) —  
 
(i) in the case of any removal or disabling done in reliance on any notice referred to in 
section 252C (2) ( b) (iii) or (4) ( b) (iii) —  
 
(A) subject to any other written law relati ng  to privacy or data protection, the 
network service provider expeditiously provides the person who furnished the IP/N/1/SGP/C/12 
Page 192  
 
  notice referred to in section 252C (2) ( b) (iii) or (4) ( b) (iii) with a copy of the 
counter notice;   (B) the network service provider expeditiously notifies the person who furnished the notice referred to in section 252C (2) ( b) (iii) or (4) ( b) (iii) that 
the network service provider will take reasonable steps to restore the 
electronic recording of the performance to the network or to restore access to that electronic recording, as the case may be, if it is technically and practically feasible to do so, unless, within 10 working days after the date of such notification —  
 
(BA) court proceedings are commenced by the performer of the performance, or under the performer’s authority, to prevent that electronic recording or the access to that electronic recording, as the case may be, from being restored; and  
 
(BB) the network service provider is informed in writing of the court proceedings; and  
 
(C) the network service provider takes reasonable steps to restore the electronic recording of the performance to the network or to restore access to 
that electronic recording, as the case may be, if it is technically and 
practically feasible to do so, not less than 10, nor more than 14, working days after the date of the notification referred to in sub-paragraph (B), 
unless, within 10 working days after that date —  
 
(CA) court proceedings are commenced by the performer of the 
performance, or under the performer’s authority, to prevent that electronic recording or the access to that electronic recording, as the case may be, from being restored; and   (CB) the network service provider is informed in writing of the court 
proceedings; or  
 
(ii) in the case of any removal or disab ling done in reliance on any knowledge 
referred to in section 252C (2) ( b) (i) or (ii) or (4) ( b) (i) or (ii), the network service 
provider takes reasonable steps to restore th e electronic recording of the performance 
to the network or to restore access to that  electronic recording, as the case may be, if 
it is technically and practically feasible to do so, not less than 10, nor more than 14, 
working days after the date the network service provider is furnished with the counter notice, unless, within 10 working days after that date —  
 
(A) court proceedings are commenced by  the performer of the performance, 
or under the performer’s authority, to prevent that electronic recording or the 
access to that electronic recording, as the case may be, from being restored; and   (B) the network service provider is informed in writing of the court 
proceedings.    
 
[22/2005]  
  IP/N/1/SGP/C/12 
 Page 193 
 
 
  (3) Subsection (1) shall apply whether or not it is ultimately determined that any relevant act that 
was carried out constitutes an unauthorised u se of the performance under this Act.    
 
[52/2004]  
 
(4) Notwithstanding anything to the contrary in an y law (written or otherwise), a network service 
provider shall not be subject to any liability under an y rule of law in respect of any action taken in 
good faith in relation to —   
(a) the restoration of an electronic recording of any performance to his primary network; or  
 
(b) the restoration of access to an electronic recording of any performance on any network,  
 if such restoration was done in reliance on any counter notice referred to in subsection (2) ( b).   
 
[52/2004;22/2005]  
 
(5) A network service provider shall not be treated as  having authorised the doing of any act which is 
an unauthorised use of a performance under this Act so lely by reason of the occurrence of only one of 
the following matters:   
(a) the network service provider has provided a f acility which was used by another person to 
do that act;   (b) the network service provider has received  any notice referred to in section 252C (2) ( b) or 
252C (2) ( b) (iii) or (4) ( b) (iii) in respect of that act;  
 
(c) the network service provider has acquired an y knowledge referred to in section 252C (2) 
(b) (i) or (ii) or (4) ( b) (i) or (ii) in respect of that act.    
 
[22/2005]  
 
Relief which court may grant 
252CB. —(1) The types of relief that the court may grant against a network service provider, if the 
court is satisfied that section 252A (1) applies to  the network service provider, shall be limited to 
either or both of the following:   
(a) an order requiring the network service provider to take reasonable steps to disable access 
to an online location that is physically situated outside Singapore;   (b) an order requiring the network service provider to terminate a specified account.    
 
[52/2004]  
 
(2) The types of relief that the court may grant ag ainst a network service provider, if the court is 
satisfied that section 252B (1) or 252C (1) applies to  the network service provider, shall be limited to 
one or more of the following:   
(a) an order requiring the network service provider —  
 
(i) to remove an unauthorised electroni c recording of the performance from the 
network service provider’s primary network; or   IP/N/1/SGP/C/12 
Page 194  
 
  (ii) to disable access to an unauthorised electronic recording of the performance on 
the primary network or another network;  
 
(b) an order requiring the network service provider to terminate a specified account;   
(c) such other order or orders as may be necessary,  if that order is, or those orders are, the 
least burdensome to the network service provider among comparatively effective non-
monetary orders.    
 
[52/2004]  
 
(3) When making an order under subsection (1) or  (2), the court shall have regard to —  
 
(a) the harm that has been or may fo reseeably be caused to the plaintiff;  
 
(b) the burden that the making of the order will place on the network service provider;  
 (c) the technical feasibility of complying with the order;   (d) the effectiveness of the order;   
(e) any possible adverse effect on the business or  operations of the network service provider;  
 (f) whether some other comparatively effectiv e order would be less burdensome; and  
 (g) all other matters which it considers relevant.    
 
[52/2004]  
 
Evidence of compliance with conditions 
252CC. —If, in an action relating to this Part, a network service provider adduces evidence, as 
prescribed, that suggests that he has complied with a condition —  
 
(a) referred to in section 252A (2), 252B (2) or 252C (2) or (4); or  
 (b) prescribed in any regulati ons made under section 252CE,  
 
the court shall presume, in the ab sence of evidence to the contrary, that the network service provider 
has complied with that condition.     
[52/2004]  
 
Maker of false notice guilty of offence and liable in damages 
252CD. —(1) A person who, in making a notice under section 252B (2) ( b), 252C (2) ( b) (iii) or 
(4) (b) (iii) or 252CA (2) ( b), makes any statement which is false, which he knows is false or does not 
believe to be true, and which touches any point material to the object of the notice —  
 
(a) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding 
$10,000 or to imprisonment for a te rm not exceeding 2 years; and  
  IP/N/1/SGP/C/12 
 Page 195 
 
 
  (b) shall also be liable in damages to any pers on who suffers any loss or damage as a result of 
the making of that notice for any such loss or damage that is reasonably foreseeable as likely 
to result from the making of that notice.    
 
[52/2004]  
 
(2) Subsection (1) shall apply whether or not the statement is made in Singapore, and if a person 
makes the statement outside Singapore, he may be dealt with under subsection (1) ( a) as if the offence 
were committed in Singapore.     
[52/2004]  
 
Regulations 
252CE. —(1) The Minister may make regulations prescribing anything required or authorised to be 
prescribed under sections 252A to 252CD.    
 
[52/2004]  
 
(2) Without prejudice to the generality of subsection (1), the regulations may —  
 
(a) prescribe the procedure or requirements  for the notices to be furnished under 
sections 252B (2) ( b), 252B (2) ( b) (iii) and (4) ( b) (iii) and 252CA (2) ( b), including the 
forms of and information to be contained in such notices, the manner of sending such notices, 
and the manner of verification of statements in such notices; and   (b) prescribe other conditions which a network ser vice provider must comply with in order to 
benefit from the provisions in section 252A to 252CD.    
 
[52/2004]  
 
Effect of application of sections 252A to 252CD 
252CF. —(1) Sections 252A to 252CD do not limit the opera tion of the other provisions of this Part in 
relation to determining whether there has been  an unauthorised use of a performance.    
 
[52/2004;22/2005]  
 
(2) Nothing in sections 252A to 252CD shall be construed as making the applicability of 
sections 252A, 252B, 252C a nd 252CB conditional on —  
 
(a) a network service provider monitoring its service or affirmatively seeking facts indicating any unauthorised use of any performance, except to  the extent consistent with any standard 
technical measure; or   
(b) a network service provider gaining access to, removing or disabling access to any 
electronic recording of any performance in an y case in which such conduct is prohibited by 
law.    
 
[22/2005]  
 
(3) In subsection (2), "standard technical me asure" means any technical measure accepted in 
Singapore that —   
(a) is used to identify or prot ect recordings or performances;  IP/N/1/SGP/C/12 
Page 196  
 
   
(b) has been developed through an open, voluntary process by a broad consensus of 
performers and network service providers;   (c) is available to any person on reas onable and non-discriminatory terms; and  
 
(d) does not impose substantial costs on networ k service providers or substantial burdens on 
their primary networks.    
 
[22/2005]  
 
User caching 
252D. —Notwithstanding section 252, the making of a transient and incidental electronic copy of a 
recording of a performance, being an electronic re cording made available on a network, does not 
constitute an unauthorised use of the performance if the making of the copy is required for the 
viewing, listening or utilisation of the performance by the user of this or another network.    
 
[38/99;22/2005]  
 
Action for unauthorised use 
253.—(1) A performer may bring an action for an unauthorised use of his performance.   
 
[6/98]  
 
(1A) An action shall not be brought for an unauthor ised use of a performance after the expiration of 
6 years from the time when the unauthorised use took place.    
 
[52/2004]  
 
(2) Subject to the provisions of this Act, in an  action for unauthorised use of a performance, the 
types of relief that the court may grant include the following:   
(a) an injunction (subject to such terms,  if any, as the court thinks fit);  
 (b) damages;   (c) an account of profits;  
 
(d) where the plaintiff has elected for an award of statutory damages in lieu of damages or an 
account of profits, statutory damages of —  
 
(i) not more than $10,000 for each performance in respect of which there has been an 
unauthorised use; but  
 
(ii) not more than $200,000 in the aggregat e, unless the plaintiff proves that his actual 
loss from such infringement exceeds $200,000.    
 
[52/2004]  
 
(2A) When the court awards any damages under subsection (2) ( b), the court may also make an order 
under subsection (2) ( c) for an account of any profits attributable to the unauthorised use that have not 
been taken into account in computing the damages.      IP/N/1/SGP/C/12 
 Page 197 
 
 
  [52/2004]  
 
(2B) Except as provided for in subsection (2A), the types of relief referred to in subsection (2) ( b), (c) 
and ( d) are mutually exclusive.    
 
[52/2004]  
 
(3) Where, in an action for an una uthorised 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,  
 the court may, in assessing damages under subsection (2) ( b), award such additional damages as it 
considers appropriate in the circumstances.    
 
[6/98;52/2004]  
 
(3A) In awarding statutory damages under subsection (2) ( d), the court shall have regard to —  
 
(a) the nature and purpose of the unauthorised use, including whether the unauthorised use 
was of a commercial nature or otherwise;   (b) the flagrancy of the unauthorised use;   (c) whether the defendant acted in bad faith;  
 
(d) any loss that the plaintiff has suffered or is  likely to suffer by reason of the unauthorised 
use;   (e) any benefit shown to have accrued to the de fendant by reason of the unauthorised use;  
 
(f) the conduct of the parties before and during the proceedings;   (g) the need to deter other similar instances of unauthorised use; and  
 (h) all other relevant matters.    
 
[52/2004]  
 
(4) The court may, in addition to any relief granted under sub sections (2) and (3), order any 
unauthorised recording of the performance, or any article which has been used for making 
unauthorised recordings of the performance, in the possession of the defendant or before the court to 
be delivered up to the performer.    
[6/98;38/99;52/2004]  
 IP/N/1/SGP/C/12 
Page 198  
 
  (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.     
[6/98]  
 
(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.     
[6/98]  
 
[Aust. 1968, s. 248J]   
 
Presumptions in relation to performance 
253A. —(1) Where the name of a person appears on copies of a recording of a performance, as made 
available to the public, in such a way as to imply th at the person is the performer of the performance, 
and that name is his true name or a name by wh ich he is commonly known, the person shall, in an 
action brought by virtue of this Part, be presume d, unless the contrary is established, to be the 
performer of the performance embodied in the recording.     
[52/2004]  
 
(2) Where the name of a group of performers appe ars on copies of a recording of a performance, as 
made available to the public, in such a way as to  imply that the group performed in the performance 
embodied in the recording, and that name is the tr ue name of the group or a name by which the group 
is commonly known, the group shall, in an action brought by virtue of this Part, be presumed, unless 
the contrary is established, to have performed in  the performance embodied in the recording.    
 
[52/2004]  
 
Order for disposal of unauthorised recordings 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.    
 
[6/98]  
 
(2) In considering what order, if any, should be ma de under this section, the c ourt shall have regard to 
—   
(a) whether other remedies available in an ac tion for an unauthorised use of a performance 
would be adequate to compensate the performer a nd 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.    
 
[6/98]  
  IP/N/1/SGP/C/12 
 Page 199 
 
 
  (3) The court shall issue directions as to the servi ce of notice on persons having an interest in the 
recording or other object.     
[6/98]  
 
(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, whethe r or not he appears in the proceedings.  
 (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.    
 
[6/98]  
 
(6) Where there is more than one person interested  in a recording or other object, the court may 
direct that the recording or object be sold, or othe rwise dealt with, and the proceeds divided, and shall 
make any other order as it thinks just.   
 
[6/98]  
 
(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 be ing delivered up is entitled to its return and the 
court may order the defendant to pay to the perfo rmer such damages as the court thinks just or 
equitable.     
[6/98]  
 
Offences 
254A. —(1) A person who, at any time on or afte r 15th December 1999 and during the protection 
period of a performance —   
(a) makes for sale or hire;   
(b) sells or lets for hire, or by way of trade offers or exposes for sale or hire; or  
 (c) by way of trade exhibits in public,  
 any recording which he knows, or ought reasonably to know, to be an unauthorised recording of the 
performance shall be guilty of an offence and sha ll be liable on conviction to a fine not exceeding 
$10,000 for the recording or for each recording in respect of which the offence was committed or 
$100,000, whichever is the lower, or to imprisonment  for a term not exceeding 5 years or to both.    
 
[38/99]  
 
(2) A person who, at any time during the protection pe riod of a performance, has in his possession, or 
imports into Singapore, any recording of a perfo rmance which he knows, or ought reasonably to 
know, to be an unauthorised recording of the performance, for the purpose of —   IP/N/1/SGP/C/12 
Page 200  
 
  (a) selling, letting for hire, or by way of tr ade offering or exposing for sale or hire, the 
recording;   (b) distributing the recording fo r the purposes of trade; or  
 
(c) by way of trade exhibiting the recording in public,  
 shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 for the 
recording or for each recording in respect of  which the offence was committed or $100,000, 
whichever is the lower, or to imprisonment fo r a term not exceeding 5 years or to both.   
 
[38/99]  
 
(3) Any person who, at any time during the protection period of a performance, distributes for the purposes of trade recordings which he knows, or  ought reasonably to know, to be unauthorised 
recordings of the performance, shall be guilty of an  offence and shall be liable on conviction to a fine 
not exceeding $50,000 or to imprisonment for a term not exceeding 3 years or to both.    
[38/99]  
 
(3A) Where, at any time during the protection period of a performance —  
 
(a) a person does any act that constitutes an unaut horised use of the performance other than an 
act referred to in subsection (1 ), (2), (3), (5) or (6);  
 (b) the unauthorised use of the performance by the person is wilful; and  
 
(c) either or both of the following apply:  
 
(i) the extent of the unauthorised use is significant;   (ii) the person does the act to obtain a commercial advantage,  
 
the person shall be guilty of an offence and sha ll be liable on conviction to a fine not exceeding 
$20,000 or to imprisonment for a term not exceeding 6 months or to both and, in the case of a second 
or subsequent offence, to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 3 
years or to both.    
 
[52/2004]  
 
(4) A person who, at any time during the protectio n period of a performance, makes or has in his 
possession an article specifically designed or adapte d for making recordings of the performance that 
the person knows, or ought reasonably to know, is to be used to make  unauthorised recordings of the 
performance, shall be guilty of an offence and sh all be liable on conviction to a fine not exceeding 
$20,000 for each such article in respect of which the offence is committed or to imprisonment for a 
term not exceeding 2 years or to both.     
[38/99]  
  IP/N/1/SGP/C/12 
 Page 201 
 
 
  (5) A person who, at any time during the protection period of a performance, for his private profit and 
without the authority of the performer causes the perf ormance to be seen or heard, or seen and heard, 
live in public, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding 
$20,000 or to imprisonment for a term not exceeding 2 years or to both.    
[38/99]  
 
(6) A person who, at any time during the protection period of a performance, for his private profit and 
without the authority of the performer, causes a recording of the performance, being a recording which he knows or ought reasonably to know is an unau thorised recording, to be heard in public shall 
be guilty of an offence and shall be liable on conviction to a fine not exceeding $20,000 or to 
imprisonment for a term not exceeding 2 years or to both.    
[38/99]  
 
(6A) For the purposes of subsection (3A) ( c) (i), in determining whether the extent of the unauthorised 
use of a performance is significant, the court shall have regard to —   
(a) the volume of any articles that are unauthorised recordings of the performance;   (b) the value of any articles that are unaut horised recordings of the performance;  
 
(c) whether the unauthorised use has a substantia l prejudicial impact on the performer of the 
performance; and   (d) all other relevant matters.    
 
[52/2004]  
 
(6B) For the purposes of subsection (3A) ( c) (ii), a person does an act for the purpose of obtaining a 
commercial advantage if the act is done to obtain a di rect advantage, benefit or financial gain for a 
business or trade carried on by him.    
 
[52/2004]  
 
(7) For the purposes of this section (other than s ubsection (3A)), any person who has in his possession 
5 or more unauthorised recordings of a performan ce shall, unless the contrary is proved, be presumed 
—  
 
(a) to be in possession of such recordings othe rwise than for private and domestic use; or  
 (b) to be in possession of such record ings for the purpose of sale.    
 
[38/99;52/2004]  
 
(8) The court before which a person is charged with an offence under this section may, whether he is 
convicted of the offence or not, order that any article  that appears to the court to be an unauthorised 
recording of a performance or any article which h as been used for making unauthorised recordings of 
a performance, in the possession of the alleged offender or before the court, be destroyed or delivered 
up to the performer concerned or otherwise dealt with  in such manner as the court thinks fit.    
 
[38/99;52/2004]  
 IP/N/1/SGP/C/12 
Page 202  
 
  (9) If information is given upon oath to a court that there is reasonable cause for suspecting that 
there is in any premises any article or docu ment which is evidence that an offence under 
subsection (1), (2), (3), (3A), (4), (5) or (6) has been committed, the co urt may issue, either 
unconditionally or subject to such conditions as the court thinks fit, a warrant authorising a police 
officer to enter and search the premises for the articles and documents which are specified in the 
warrant, whether specifically or in any general cate gory, and to seize any such articles and documents 
found at the premises.     
[52/2004]  
 
(10) If an article was seized under subsection (9) and —  
 
(a) in proceedings brought under this section in co nnection with the offence, no order is made 
under subsection (8) as to the article; or   
(b) no such proceedings are instituted within 6 months of the seizure,  
 the article shall be returned to the person in w hose possession it was when it was seized or, if it is not 
reasonably practicable to return it to that person,  shall be disposed of in accordance with the law 
regulating the disposal of lost or unclaimed property in the hands of police authorities.     
[38/99]  
 
(11) If a document was seized under subsection (9) and no proceedings under this section are 
instituted within 6 months of the seizure, the document and all copies of the document shall be 
returned to the person in who se possession the document was when it was seized or, if it is not 
reasonably practicable to return the document and c opies to that person, shall be disposed of in 
accordance with the law regulating the disposal of lost or unclaimed property in the hands of police 
authorities.     
[38/99]  
 
(12) For the purposes of this section —  
 
"document" means anything in which inform ation of any description is recorded;  
 "premises" includes any land, building, structure and conveyance.     
 
[38/99]  
 
[Aust. 1968, ss. 248P and 248Q]   
 
Application of sections 140A to 141 
254B. —(1) Sections 140A to 141 shall apply, with the necessary modifications, to copies of an 
unauthorised recording of a performance as those pr ovisions apply in relation to copies of copyright 
material.     
[52/2004]  
 
(2) For the purposes of subsection (1) —   
(a) a reference in those provisions to copyright material shall be read as a reference to an 
unauthorised recording of a performance the pr otection period of which has not expired;   IP/N/1/SGP/C/12 
 Page 203 
 
 
   
(b) a reference in those provisions to the owner of the copyright or the owner of the copyright 
in the copyright material shall be read as a reference to the performer of a performance 
embodied in an unauthorised recording;  
 
(c) a reference in those provisions to an action fo r infringement of copyright shall be read as a 
reference to an action for unauthorised use of a performance;   (d) a reference in those provisions to infringing  copies shall be read as a reference to copies of 
an unauthorised recording which were made wit hout the authorisation of the performer; and  
 
(e) a reference in section 140B (6) to the subseque nt owner of the copyright shall be read as a 
reference to a person to whom the right of a performer to bring an action under section 253 
has been assigned.    
 
[52/2004]  
 
Rights to bring an action may be assigned 
255.—The right of a performer to bring an action may be assigned.    
 
[6/98;38/99]  
 
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.    
 
[6/98]  
 
(2) Regulations made under subsection (1) ma y apply the provisions of this Part —  
 
(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 class es of performances, or other classes of cases, as 
may be specified in the regulations.    
 
[6/98]  
 
(3) The Minister shall not make re gulations 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 Mi nister is satisfied that, in respect of the 
performances to which those provisi ons relate, provision has been or  will be made under the law of IP/N/1/SGP/C/12 
Page 204  
 
  that country whereby adequate protection is or will be given to performers whose performances are 
protected under this Part.     
[6/98]  
 
[Aust. 1968, s. 248U]   
 
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 natu re 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 involve d, make regulations in relation to that country in 
accordance with subsection (2).    
 
[6/98]  
 
(2) Regulations made for the purposes of this secti on may provide, either generally or in such cases 
as are specified in the regulations, that this Part shall not apply to performances given after a date 
specified in the regulations (which may be a date before 16th April 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.    
 
[6/98]  
 
[Aust. 1968, s. 248V]   
 
  
PART XIII 
 
RIGHTS MANAGEMENT INFORMATION 
 
Interpretation of this Part 
258.—In this Part, unless the context otherwise requires —  
 
"performance", "recording" and "unauthorised use"  have the same meanings as in Part XII;  
 "rights management information", in relation to a copy of a work or other subject-matter or a 
recording of a performance, means any of the following:    
 
(a) information which identifies the wo rk, subject-matter or performance;  
 
(b) information which identifies the author of the work, the owner of copyright in a 
work or subject-matter or the performer of a performance;   (c) information about the term s and conditions of use of the copy of the work or 
subject-matter or the recording of the performance;  
 (d) any numbers or codes that represent the information referred to in paragraph ( a), (b) or ( c),  
  IP/N/1/SGP/C/12 
 Page 205 
 
 
  but excludes any information relating to a user of  the copy of the work or subject-matter or 
the recording of the performance, such as the name, account, address or other contact 
information of, or pertaining to, the user.    
 
[52/2004]  
 
Application of this Part 
259.—(1) This Part shall not apply to any act done for the service of the Government.   
 
[38/99]  
 
(2) Nothing in this Part shall affect —   
(a) any copyright subsisting in a work or other subject-matter;   
(b) any right in relation to a perfo rmance or a recording thereof;  
 (c) any limitation on copyright in a work or other subject-matter, or on a right in relation to a 
performance or a recording thereof; or   (d) any defence to an action for infringement of  copyright, or for an unauthorised use of a 
performance,  
 under any provision of this Act.     
[38/99]  
 
Removal or alteration of rights management information 
260.—(1) This section shall apply where rights manage ment information in an electronic form —  
 
(a) is attached to or embodied in a copy of a work or other subject-matter in which copyright 
subsists or a recording of a performance; or  
 
(b) appears in connection with the communication or making available to the public of a copy of a work or other subject-matter or a recording of a performance.    
 
[52/2004]  
 
(2) Where a person —   
(a) knowingly removes or alters the rights mana gement information relating to any work or 
other subject-matter or recording of a performance;   
(b) does so without the consent of —  
 
(i) the owner or exclusive licensee of the copy right in the work or subject-matter; or  
 (ii) the performer of the performance; and  
 
(c) knows or ought reasonably to know that  the removal or alteration of the rights 
management information will induce, enable, facilitate or conceal —  
 
(i) an infringement of the copyright of  the work or subject-matter; or  IP/N/1/SGP/C/12 
Page 206  
 
   
(ii) an unauthorised use of the performance,  
 an action may be brought by the owner or exclus ive licensee of the copyright or the performer 
against the person.    
 
[52/2004]  
 
(3) Where a person —   
(a) distributes or imports for distribution the rights management information relating to any 
work or other subject-matter or any recordi ng of a performance, being rights management 
information which has been altered without the consent of —  
 
(i) the owner or exclusive licensee of the copy right in the work or subject-matter; or  
 
(ii) the performer of the performance;  
 
(b) does so without the consent of the owner or  exclusive licensee of the copyright or the 
performer;   
(c) does so knowing that the rights management  information has been altered without the 
consent of the owner or exclusive licensee of the copyright or the performer; and  
 (d) knows or ought reasonably to know that the distribution or importation of the rights 
management information will induce, enable, facilitate or conceal —  
 
(i) an infringement of the copyright in  the work or subject-matter; or  
 (ii) an unauthorised use of the performance,  
  to which the rights management information relates,  
 
an action may be brought by the owner or exclus ive licensee of the copyright or the performer 
against the person.     
[52/2004]  
 
(4) Where a person —   
(a) distributes, imports for distribution, communicates or makes available to the public copies of a work or other subject-matter or a record ing of a performance in respect of which the 
rights management information has been rem oved or altered without the consent of —  
 
(i) the owner or exclusive licensee of the copy right in the work or subject matter; or  
 (ii) the performer of the performance;  
 
(b) does so without the consent of the owner or  exclusive licensee of the copyright or the 
performer;   (c) does so knowing that the rights management  information has been removed or altered 
without the consent of the owner or exclusive li censee of the copyright or the performer; and   IP/N/1/SGP/C/12 
 Page 207 
 
 
   
(d) knows or ought reasonably to know that th e distribution, importation, communication or 
making available to the public of the copies of the work or subject-matter or the recording of the performance will induce, enable, facilitate or conceal —  
 
(i) an infringement of the copyright in  the work or subject-matter; or  
 (ii) an unauthorised use of a performance,  
 an action may be brought by the owner or exclus ive licensee of the copyright or the performer 
against the person.    
 
[52/2004]  
 
(5) An action shall not be brought in respect of any act  referred to in subsection (2), (3) or (4) after the 
expiration of 6 years from the time when the act took place.   
 
[52/2004]  
 
(6) Subject to subsection (7), where a person does an act referred to in subsection (2), (3) or (4) —  
 
(a) wilfully; and  
 (b) for the purpose of obtaining any commercial advantage or private financial gain,  
 he shall be guilty of an offence and shall be liable on conviction —  
 
(i) in the case of an act referred to in sub section (2), to a fine not exceeding $20,000; or  
 (ii) in the case of an act referred to in subsecti on (3) or (4), to a fine not exceeding $20,000 or 
to imprisonment for a term not exceeding 2 years or to both.   
 
[52/2004;22/2005]  
 
(7) Subsection (6) shall not apply to any act done by or on behalf of a non-profit library, any non-profit archives, an educational institution, an in stitution assisting handicapped readers, an institution 
assisting intellectually handicapped readers, or  such public, non-commercial broadcasting 
organisation as the Minister may prescribe.    
 
[52/2004]  
 
(8) For the purposes of subsection (6), a person do es an act for the purpose of obtaining a commercial 
advantage if the act is done to obtain a direct adva ntage, benefit or financial gain for a business or 
trade carried on by him.    
 
[52/2004]  
 
[Aust. 1968, ss. 116B, 116C and 116CA]   
 
Relief which court may grant 
261.—(1) In an action brought under section 260, the types of relief that the court may grant if it is 
satisfied that the defendant has ca rried out or is carrying out an act referred to in section 260 (2), 
(3) or (4) (referred to in this section as a relevant act) include the following:  IP/N/1/SGP/C/12 
Page 208  
 
   
(a) an injunction (subject to such terms,  if any, as the court thinks fit);  
 (b) damages;  
 
(c) an account of profits;  
 (d) where the plaintiff has elected for an award of statutory damages in lieu of damages or an 
account of profits, statutory damages of not more than $20,000.    
 
[52/2004]  
 
(2) When the court awards any damages under subsection (1) ( b) in respect of a relevant act, the court 
may also make an order under subsection (1) ( c) for an account of any profits attributable to the 
relevant act that have not been taken into account in computing the damages.    
 
[52/2004]  
 
(3) Except as provided for in subsection (2), the types of relief referred to in subsection (1) ( b), (c) or 
(d) are mutually exclusive.    
 
[52/2004]  
 
(4) In awarding statutory damages under subsection (1) ( d) in respect of any relevant act, the court 
shall have regard to —   
(a) the nature or purpose of the act concerned,  including whether the act was of a commercial 
nature or otherwise;   (b) the flagrancy of the act;   (c) whether the defendant acted in bad faith;  
 
(d) any loss that the plaintiff has suffered or  is likely to suffer by reason of the act;  
 (e) any benefit shown to have accrued to  the defendant by reason of the act;  
 
(f) the conduct of the parties before and during the proceedings;  
 (g) the need to deter other similar acts; and   (h) all other relevant matters.    
 
[52/2004]  
 
(5) In addition to the relief referred to in subsec tion (1), the court may order that any article —  
 
(a) by means of which, or in relation to which, a relevant act was or is being carried out; and  
  IP/N/1/SGP/C/12 
 Page 209 
 
 
  (b) which is in the possession of the defendant or before the court,  
 be delivered up to the plaintiff or destroyed.     
[52/2004]  
 
[Aust. 1968, s. 116D]   
 
Enforcement measures 
261A. —(1) The court before which a person is char ged with an offence under section 260 (6) may, 
whether he is convicted of the offence or not, order th at any article that appears to the court to be —  
 
(a) a copy of a work or other subject-matter or a recording of a performance in respect of which the rights management information has been  altered or removed without the consent of 
the owner or exclusive licensee of the work or other subject-matter or the performer of the 
performance, as the case may be; or  
 (b) used predominantly for removing or altering the rights management information in respect 
of any work or other subject-matter or any recording of a performance,  
 in the possession of the alleged offender or before th e court, be destroyed or delivered up to the owner 
or exclusive licensee of the copyright concerned or  the performer of the performance, as the case may 
be, or otherwise dealt with in such manner as the court thinks fit.     
[52/2004]  
 
(2) If information is given upon oath to a court that  there is reasonable cause for suspecting that there 
is in any premises any article or document which is evidence that an offence under section 260 (6) has 
been committed, the court may issue, either unconditi onally or subject to such conditions as the court 
thinks fit, a warrant authorising a police officer to enter and search the premises for the articles and 
documents which are specified in the warrant, whethe r specifically or in any general category, and to 
seize any such articles and documents found at the premises.    
 
[52/2004]  
 
(3) If an article was seized under subsection (2) and —   
(a) in proceedings brought under section 260 (6), no order is made as to the disposal of the 
article, whether under subsection (1) or otherwise; or   (b) no such proceedings are instituted within 6 months of the seizure,   
 the article shall be returned to the person in w hose possession it was when it was seized or, if it is not 
reasonably practicable to return it to that person,  shall be disposed of in accordance with the law 
regulating the disposal of lost or unclaimed property in the hands of police authorities.    
[52/2004]  
 
(4) If a document was seized under subsection (2) and no proceedings under section 260 (6) are 
instituted within 6 months of the seizure, the document and all copies of the document shall be 
returned to the person in who se possession the document was when it was seized or, if it is not 
reasonably practicable to return the document and c opies to that person, shall be disposed of in IP/N/1/SGP/C/12 
Page 210  
 
  accordance with the law regulating the disposal of lost or unclaimed property in the hands of police 
authorities.     
[52/2004]  
 
(5) In this section —  
 
"document" means anything in which inform ation of any description is recorded;  
 "premises" includes any land, building, structure and conveyance.     
 
[52/2004]  
 
  
PART XIIIA 
 
CIRCUMVENTION OF TECHNOLOGICAL MEASURES 
 
Interpretation and effect of application of this Part 
261B. —(1) In this Part, unless the context otherwise requires —  
 
"circumvent" means to avoid, bypass, remove , deactivate, descramble (where the copy is 
scrambled), decrypt (where the copy is encrypted) or otherwise impair;   "copy", in relation to any work or other subj ect-matter or any performance, means a copy of 
the work or subject-matter or of a reco rding of the performance, and includes the 
original version of the work or subject-m atter or a recording of the performance;  
 "encryption technology" means technology for scrambling and descrambling information 
using mathematical formulae or algorithms;   
"non-profit" means not operate d or conducted for profit;  
 "performance", "protection period", "reco rding" and "unauthorised use" have the 
same meanings as in Part XII;   
"personally identifying information" means info rmation which can be used to identify persons 
using a network;   "technological access control measure" means any technology, device or component that, in the normal course of its operation, effectively controls access to a copy of —    
 
(a) a work or other subject-matter; or  
 (b) a performance,  
  but excludes such technology, device or component as the Minister may prescribe;  
 
"technological measure" means a technological access control measure or a technological 
protection measure;    IP/N/1/SGP/C/12 
 Page 211 
 
 
  "technological protection measure" means any technology, device or component that, in the 
normal course of its operation, effectivel y prevents or limits the doing of —    
 
(a) in relation to a copy of a work or other subject-matter, any act comprised in the copyright in the work or subject-matter; or  
 
(b) in relation to a copy of a performance , an unauthorised use of the performance,  
  but excludes such technology, device or component as the Minister may prescribe.     
[52/2004]  
 
(2) Nothing in this Part shall affect any act done in relation to a work or other subject-matter in 
which copyright no longer subsists, or in relation to  a performance the protection period of which has 
expired.    
 
[52/2004]  
 
(3) Nothing in this Part shall affect —   
(a) any copyright subsisting in a work or other subject-matter;  
 
(b) any right in relation to a perfo rmance or a recording thereof;  
 (c) any limitation on copyright in a work or other subject-matter, or on a right in relation to a 
performance or a recording thereof; or  
 
(d) any defence to an action for infringement of  copyright, or for an unauthorised use of a 
performance,  
 under any provision of this Act.     
[52/2004]  
 
Circumvention of technological measures 
261C. —(1) Subject to sections 261D and 261E, where a t echnological measure is applied to a copy of 
a work or other subject-matter by or with the authorisation of the owner of the copyright in the work 
or subject-matter in connection with the exercise of the copyright, or to a copy of a performance by or 
with the authorisation of the performer of the perfo rmance in connection with the exercise of any right 
in the performance, no person shall, without the aut horisation of the owner of the copyright or the 
performer of the performance, as the case may be —   
(a) if the technological measure is a technolog ical access control measure, do any act which 
he knows or ought reasonably to know circ umvents the technological measure;  
 (b) manufacture, import, distribute, offer to th e public, provide or otherwise traffic in any 
device, product or component which —  
 
(i) is promoted, advertised or market ed for the purpose of circumventing the 
technological measure;   (ii) has only a limited commercially si gnificant purpose or use other than to 
circumvent the technological measure; or  IP/N/1/SGP/C/12 
Page 212  
 
   
(iii) is designed or made primarily for the purpose of circumventing the technological measure;  
 
(c) offer to the public or provide any service which —  
 
(i) is promoted, advertised or market ed for the purpose of circumventing the 
technological measure;   (ii) has only a limited commercially si gnificant purpose or use other than to 
circumvent the technological measure; or  
 
(iii) is performed primarily for the purpose of circumventing the technological measure.    
 
[52/2004]  
 
(2) An action may be brought by the owner of the copyright or the performer of the performance 
against a person who contravenes subsection (1).     
[52/2004]  
 
(3) An action shall not be brought under subsecti on (2) in respect of any contravention of 
subsection (1) after the expiration of 6 years from the time when the contravention took place.    
 
[52/2004]  
 
(4) Where a person contravenes subsection (1) ( a) wilfully and for the purpose of obtaining a 
commercial advantage or private financial gain, he sh all be guilty of an offence and shall be liable on 
conviction to a fine not exceeding $20,000.    
[52/2004;22/2005]  
 
(5) Where a person contravenes subsection (1) ( b) or ( c) wilfully and for the purpose of obtaining a 
commercial advantage or private financial gain, he sh all be guilty of an offence and shall be liable on 
conviction to a fine not exceeding $20,000 or to impr isonment for a term not exceeding 2 years or to 
both.    
 
[52/2004;22/2005]  
 
(6) For the purposes of subsection (5), a person  shall not be treated as having contravened 
subsection (1) ( b) wilfully unless —  
 
(a) in the case of a device, product or component referred to in subsection (1) ( b) (i), he had 
himself —  
 
(i) promoted, advertised or marketed it; or   
(ii) authorised the promotion, advertising or marketing of it,  
 
for the purpose of circumventing the technological measure;  
  IP/N/1/SGP/C/12 
 Page 213 
 
 
  (b) in the case of a device, product or component referred to in subsection (1) ( b) (ii), he knew 
or had reason to believe at the time of the contravention that it had only a limited commercially significant purpose or use other than  to circumvent the technological measure; 
or   
(c) in the case of a device, product or component referred to in subsection (1) ( b) (iii), he 
knew or had reason to believe at the time of th e contravention that it was designed or made 
primarily for the purpose of circumventing the technological measure.    
 
[52/2004]  
 
(7) For the purposes of subsection (5), a person  shall not be treated as having contravened 
subsection (1) ( c) wilfully unless —  
 
(a) in the case of a service referred to in subsection (1) ( c) (i), he had himself —  
 
(i) promoted, advertised or marketed it; or   (ii) authorised the promotion, advertising or marketing of it,  
  for the purpose of circumventing the technological measure;  
 
(b) in the case of a service referred to in subsection (1) ( c) (ii), he knew or had reason to 
believe at the time of the contravention that  it had only a limited commercially significant 
purpose or use other than to circumvent the technological measure; or   
(c) in the case of a service referred to in subsection (1) ( c) (iii), he had himself —  
 
(i) performed it; or   (ii) authorised the performance of it,  
 
 primarily for the purpose of circumventing the technological measure.    
 
[52/2004]  
 
(8) For the purposes of subsections (4) and (5), a person does an act for the purpose of obtaining a 
commercial advantage if the act is done to obtain a di rect advantage, benefit or financial gain for a 
business or trade carried on by him.     
[52/2004]  
 
(9) Subsections (4) and (5) shall not apply to any act done by or on behalf of a non-profit library, 
any non-profit archives, an educational institution,  an institution assisting handicapped readers, an 
institution assisting intellectually handicapped reader s, or such public, non-commercial broadcasting 
organisation as the Minister may prescribe.     
[52/2004]  
 IP/N/1/SGP/C/12 
Page 214  
 
  (10) This section does not affect the import or sal e of a device that does not render effective a 
technological measure whose sole purpose is to control market segmentation for access to 
cinematograph films, if the import or sale of the device does not otherwise contravene any written law 
including this Act.    
[52/2004]  
 
[Aust. 1968, s. 132 (5A) and (5B)]   
 
Exceptions to prohibition on circumvention 
261D. —(1) Subject to subsection (3), section 261C (1) ( a) is not contravened by the doing of an act to 
circumvent a technological measure if —   
(a) the act is done to enable a non-profit lib rary, any non-profit archives, an educational 
institution, an institution assisting handica pped readers, or an institution assisting 
intellectually handicapped readers to have access to a work or other subject-matter or 
recording of a performance which is not othe rwise available to the library, archives or 
institution, for the sole purpose of determining wh ether to acquire a copy of the work or other 
subject-matter or recording;   (b) the technological measure has the capability  to collect or disseminate personally 
identifying information to reflect the manne r of use of a network by persons without 
providing conspicuous notice of such collection or dissemination to those persons, and the act 
is done for the sole purpose of identifying and disabling the technological measure, provided that the act does not affect the ability of any person to gain access to any work or other 
subject-matter or recording of any performance;  
 
(c)  the act is done in relation to a work or  other subject-matter or performance that is 
prescribed by the Minister under subsection (2) —  
 
(i)  by a person prescribed under subsection (2A) or (if none is prescribed) by any person; and  
 
(ii)  for a purpose prescribed under subsection (2A) or (if none is prescribed) for any purpose;  
 
(d) the act is done —  
 
(i) in good faith;   (ii) in relation to a copy of a computer pr ogram that is not an infringing copy; and  
 (iii) with respect to particular elements of the computer program that are not readily 
available to the person doing the act,  
 
for the sole purpose of achieving interoperab ility of an independently created computer 
program with another computer program;  
 
(e) the act is done when undertaking research on any encryption technology, provided that —  
 
(i) the person doing the act —  
  IP/N/1/SGP/C/12 
 Page 215 
 
 
  (A) is engaged in a legitimate course of study in the field of encryption 
technology;   (B) is employed or appropriately trained or experienced in that field; or   
(C) is doing so on behalf of a pers on so engaged, employed, trained or 
experienced;  
 
(ii) the act is necessary to  conduct such research;  
 
(iii) the act is done in good faith and in re lation to a copy of the work or subject-
matter that is not an infringing copy ther eof or a copy of the performance that is 
not an unauthorised recording thereof; and  
 
(iv) the person doing the act has made a reas onable effort to obtain the authorisation 
of the owner of  the copyright in the work  or subject-matter or the performer of the 
performance to do the act;  
 
(f) the act consists of the inclusion of a com ponent or part in any technology, product or 
device for the sole purpose of preventing access by  minors to any material on the Internet, 
provided that the technology, product or de vice is not prohibited under section 261C (1) ( b);  
 
(g) the act is done by or under the authority of the owner of a computer, computer system or computer network for the sole purpose of testing,  investigating, or correcting a security flaw 
or vulnerability of that computer, computer system or computer network; or   
(h) the act is carried out by the Government or by any person authorised by the Government 
for the purpose of law enforcement, intelligence, national defence, essential security or other 
similar purpose.    
 
[52/2004]  
 
(2) The Minister may, by order published in the Gazette , exclude the operation of 
section 261C (1) ( a) in relation to a specified work or ot her subject-matter or performance, or a 
specified class of works or other subject-matters or performances, if he is satisfied that any dealing 
with the work, subject-matter or performance or  with the class of works, subject-matters or 
performances, being a dealing which does not amount to an infringement of copyright therein or an 
unauthorised use thereof (as the case may be), has b een or is likely to be adversely impaired or 
affected as a result of the operation of this section.     
[52/2004]  
 
(2A) The order referred to in subsection (2) may specify —  
 
(a)  the person or class of persons who ma y carry out the act of circumvention of a 
technological measure in relation to the work, subject-matter or performance or the class of works, subject-matters or performances; and   
(b)  the purpose of carrying out the act.  
 IP/N/1/SGP/C/12 
Page 216  
 
  (3) Subsection (1) shall not apply if —  
 
(a) in the case of an act referred to in paragraph ( b), (e) or ( g) of that subsection, the act 
violates a provision of any written law other than this Act;   
(b) in the case of an act referred to in paragraph ( c), (d), (e) or ( g) of that subsection, the act 
infringes the copyright in the work or other s ubject-matter or amounts to an unauthorised use 
of the performance; or   (c) in the case of an act referred to in paragraph ( a) of that subsection, the act leads to an 
infringement of the copyright in the work or other subject-matter or to an unauthorised use of 
the performance, or otherwise violates a provision of any other written law.    
 
[52/2004]  
 
[Aust. 1968, s. 116C]   
 
Exceptions to prohibition on making, etc., ci rcumventing device and offering circumventing 
service 
261E. —(1) Subject to subsections (2) and (3), section 261C (1) ( b) and ( c) is not contravened by the 
doing of any of the following:  
 
(a) the manufacture, importation, distribution, offe ring to the public or provision of a device, 
product or component, or the offering to the public or provision of a service, to carry out an act to circumvent a technological measure that is done —  
 
(i) in good faith;  
 (ii) in relation to a copy of a computer pr ogram that is not an infringing copy; and  
 (iii) with respect to particular elements of the computer program that are not readily available to the person doing the act,  
 
for the sole purpose of achieving interoperab ility of an independently created computer 
program with another computer program;  
 
(b) the manufacture, importation, distribution, offering to the public or provision of a device, 
product or component, or the offering to the public or provision of a service, to carry out an 
act to circumvent a technological measu re referred to in section 261D (1) ( e);  
 (c) the manufacture, importation, distribution, offering to the public or provision of a component or part referred to in section 261D (1) ( f);  
 
(d) the manufacture, importation, distribution, offering to the public or provision of a device, 
product or component, or the offering to the public or provision of a service, to carry out an act to circumvent a technological measu re referred to in section 261D (1) ( g);  
 (e) an act carried out by the Government or by any person authorised by the Government for 
the purpose of law enforcement, intelligence, na tional defence, essential security or other 
similar purpose.    
 
[52/2004]  
  IP/N/1/SGP/C/12 
 Page 217 
 
 
  (2) Paragraphs ( b), (c) and ( d) of subsection (1) apply only if the technological measure is a 
technological access control measure.     
[52/2004]  
 
(3) Subsection (1) shall not apply if —  
 
(a) in the case of an act referred to in paragraph ( a) of that subsection, the 
circumvention referred to in that paragraph infringes the copyright in the work or other 
subject-matter or amounts to an unauthorised use of the performance; or  
 
(b) in the case of an act referred to in paragraph ( b) or ( d) of that subsection, the 
circumvention referred to in that paragraph infringes the copyright in the work or other 
subject-matter or amounts to an unauthorised u se of the performance, or otherwise violates a 
provision of any other written law.    
 
[52/2004]  
 
Relief which court may grant 
261F. —(1) In an action brought under section 261C (2), th e types of relief that the court may grant, if 
it is satisfied that the defendant has c ontravened section 261C (1), include —  
 
(a) an injunction (subject to such terms, if any, as the court thinks fit); and  
 (b) either of the following:  
 
(i) damages;  
 (ii) where the plaintiff has elected for an award of statutory damages in lieu of damages, statutory damages of not more than $20,000.    
 
[52/2004]  
 
(2) In addition to the relief referred to in subsec tion (1), the court may order that any article —  
 
(a) by means of which, or in relation to whic h, the act giving rise to the contravention of 
subsection 261C (1) was or is being carried out; and  
 
(b) which is in the possession of the defendant or before the court,  
 be delivered up to the plaintiff or destroyed.     
[52/2004]  
 
(3) For the purposes of subsection (1) ( b) (i), damages include any profits that are attributable to the 
act giving rise to the contravention of subsection 261C (1).    
[52/2004]  
 
(4) In awarding statutory damages under subsection (1) ( b) (ii), the court shall have regard to —  
 
(a) the nature or purpose of the act concerned,  including whether the act was of a commercial 
nature or otherwise;  IP/N/1/SGP/C/12 
Page 218  
 
   
(b) the flagrancy of the act;   (c) whether the defendant acted in bad faith;   
(d) any loss that the plaintiff has suffered or  is likely to suffer by reason of the act;  
 (e) any benefit shown to have accrued to  the defendant by reason of the act;  
 (f) the conduct of the parties before or during the proceedings;  
 
(g) the need to deter other similar acts; and   (h) all other relevant matters.    
 
[52/2004]  
 
(5) Notwithstanding subsection (1), where, in an action for a contravention of section 261C (1) ( b), such contravention is established but it is also established that —  
 
(a) in the case of a device, product or co mponent referred to in section 261C (1) ( b) (i), the 
defendant did not himself promote, advertise or market it, or authorise the promotion, 
advertising or marketing of it, for the purpose of circumventing the technological measure;  
 (b) in the case of a device, product or component referred to in section 261C (1) ( b) (ii), at the 
time of the contravention, the defendant was not aware, and had no reasonable grounds for 
suspecting, that it had only a limited commerc ially significant purpose or use other than 
circumventing the technological measure; or   (c) in the case of a device, product or co mponent referred to in section 261C (1) ( b) (iii), at 
the time of the contravention, the defendant was not aware, and had no reasonable grounds for 
suspecting, that it was designed or made prim arily for the purpose of circumventing the 
technological measure,  
 the plaintiff shall not be entitled, as against the de fendant, to any damages or statutory damages for 
the contravention.     
[52/2004]  
 
(6) Notwithstanding subsection (1), where,  in an action for a contravention of 
section 261C (1) ( c), such contravention is established but it is also established that —  
 
(a) in the case of a service referred to in section 261C (1) ( c) (i), the defendant did not himself 
promote, advertise or market it, or authorise th e promotion, advertising or marketing of it, for 
the purpose of circumventing the technological measure;   (b) in the case of a service referred to in section 261C (1) ( c) (ii), at the time of the 
contravention, the defendant was not aware,  and had no reasonable grounds for suspecting, 
that it had only a limited commercially significant purpose or use other than to circumvent the 
technological measure; or    IP/N/1/SGP/C/12 
 Page 219 
 
 
  (c) in the case of a service referred to in section 261C (1) ( c) (iii), the defendant did not 
himself perform it, or authorise the performance of it, primarily for the purpose of circumventing the technological measure,  
 the plaintiff shall not be entitled to any damages or  statutory damages against the defendant for the 
contravention.    
 
[52/2004]  
 
[Aust. 1968, s. 116D]   
 
Enforcement measures 
261G. —(1) The court before which a person is charge d with an offence under section 261C (4) or (5) 
may, whether he is convicted of the offence or not, or der that any article that appears to the court to be 
used predominantly for circumventing a technological measure used in connection with —  
 
(a) the exercise of the copyright in a work or other subject-matter by the owner of the 
copyright; or   (b) any right in a performance by th e performer of the performance,  
 
in the possession of the alleged offender or before th e court, be destroyed or delivered up to the owner 
or exclusive licensee of the copyright concerned or  the performer of the performance, as the case may 
be, or otherwise dealt with in such manner as the court thinks fit.     
[52/2004]  
 
(2) If information is given upon oath to a court that  there is reasonable cause for suspecting that there 
is in any premises any article or document whic h is evidence that an offence under section 261C (4) 
or (5) has been committed, the court may issue, e ither unconditionally or subject to such conditions as 
the court thinks fit, a warrant authorising a poli ce officer to enter and search the premises for the 
articles and documents which are specified in the warrant, whether specifically or in any general 
category, and to seize any such articles and documents found at the premises.    
 
[52/2004]  
 
(3) If an article was seized under subsection (2) and —  
 
(a) in proceedings brought under sec tion 261C (4) or (5), no order is made as to the disposal 
of the article, whether under subsection (1) or otherwise; or   (b) no such proceedings are instituted within 6 months of the seizure,  
 
the article shall be returned to the person in w hose possession it was when it was seized or, if it is not 
reasonably practicable to return it to that person,  shall be disposed of in accordance with the law 
regulating the disposal of lost or unclaimed property in the hands of police authorities.     
[52/2004]  
 
(4) If a document was seized under subsection (2) and no proceedings under section 261C (4) or (5) 
are instituted within 6 months of the seizure, th e document and all copies of the document shall be 
returned to the person in who se possession the document was when it was seized or, if it is not 
reasonably practicable to return the document and c opies to that person, shall be disposed of in IP/N/1/SGP/C/12 
Page 220  
 
  accordance with the law regulating the disposal of lost or unclaimed property in the hands of police 
authorities.     
[52/2004]  
 
(5) In this section —  
 
"document" means anything in which inform ation of any description is recorded;  
 "premises" includes any land, building, structure and conveyance.     
 
[52/2004]  
 
  
PART XIV 
 
TRANSITIONAL PROVISIONS UNDER INTELLECTUAL PROPERTY 
(MISCELLANEOUS AMENDMENTS) ACT 2004 
 
Interpretation of this Part 
262.—In this Part —  
 
"appointed day" means 1st July 2004;   "performance" has the same meaning as in section 246.     
 
[21/2004]  
 
Works published before appointed day 
263.—(1) Copyright shall not subsist by virtue of Part III in any work first published before the 
appointed day unless copyright subsisted in that work immediately before that day under that Part in 
force immediately before that day.    
 
[21/2004]  
 
(2) Section 212 shall not apply in  relation to any photogr aph first taken before 10th April 1987 unless 
copyright subsisted in that photograph immediately before the appointed day under Part III and that 
section in force immediately before that day.     
[21/2004]  
 
Other subject-matter published before appointed day 
264.—(1) Copyright shall not subsist by virtue of Pa rt IV in any sound recording or cinematograph 
film first published before the appointed day unl ess copyright subsisted in such recording or film 
immediately before that day under that Part in force immediately before that day.    
 
[21/2004]  
  IP/N/1/SGP/C/12 
 Page 221 
 
 
  (2) Section 219 (4) shall not apply in relation to  any sound recording made before 10th April 1987 
unless copyright subsisted in that recording immediately before the appointed day under 
sections 87 (1) or (3) and 219 (4) in force immediately before that day.     
[21/2004]  
 
Works and other subject matter published by inte rnational organisations before appointed day 
265.—Copyright shall not subsist by virtue of section 185 in any work, sound recording or 
cinematograph film first published before the appoi nted day unless copyright subsisted in such work, 
recording or film immediately before that day under that section in force immediately before that day. 
   
 
[21/2004]  
 
Works and other subject matter published by Government before appointed day 
266.—(1) Subject to subsections (2), (3) and (4), copy right shall not subsist by virtue of section 197 in 
any literary, dramatic or musical work, sound record ing or cinematograph film first published or any 
artistic work made before the appointed day unle ss copyright in such work, recording or film 
subsisted immediately before that day under that sec tion in force immediately before that day.    
 
[21/2004]  
 
(2) Copyright shall not subsist by virtue of section 197 in any photograph taken before 
10th April 1987 unless copyright subs isted in that photograph immediat ely before that day under that 
section, as modified by section 231, in force immediately before that day.     
[21/2004]  
 
(3) Copyright shall not subsist by virtue of secti on 197 in any sound recording made before 10th April 
1987 unless copyright subsisted in that recording immediately before the appointed day under that 
section, as modified by section 232, in force immediately before that day.     
[21/2004]  
 
(4) Copyright shall not subsist by virtue of secti on 197 in any cinematograph film made before 10th 
April 1987 unless copyright subsisted in that film  immediately before the appointed day under that 
section in force immediately before that day in accordance with section 233.    
 
[21/2004]  
 
Performances given before appointed day 
267.—Part XII shall not apply to a performance give n before the appointed day unless the period 
beginning on the day when the performance was given and ending on the appointed day is less than 
the protection period as defined in section 246 (1) in force immediately before the appointed day.    
 
[21/2004]  
 
 
 IP/N/1/SGP/C/12 
Page 222  
 
  PART XV 
 
SAVINGS AND TRANSITIONAL PROVISIONS UNDER  
COPYRIGHT (AMENDMENT) ACT 2004 
 
Interpretation of this Part 
268.—In this Part —  
 
"amendment Act" means the Copyright (Amendment) Act 2004;   
"appointed day" means 1st January 2005;  
 "performance" has the same meaning as in section 246 (1).     
 
[52/2004]  
 
Assignments and licences before appointed day 
269.—Where any licence has been granted, or any co ntract or arrangement (including any assignment 
of copyright) has been entered into, before the appoi nted day, being a licence, contract or arrangement 
relating to —   
(a) the broadcast of a work or other subject-matter; or  
 (b) the inclusion of a work or other subject-matter in a cable programme,  
 the licence, contract or arrangement shall, subject to any contrary intention, continue to have effect on 
or after that day in accordance with the provisions of this Act in force immediately before that day, as 
if the amendment Act had not been enacted.     
[52/2004]  
 
Action for infringement which took place before appointed day 
270.—Section 119, as it was in force immediately before the appointed day, shall apply to an action 
brought in respect of any infringement of copy right which took place before that day as if the 
amendment Act had not been enacted.     
[52/2004]  
 
Action for unauthorised use before appointed day 
271.—Section 253, as it was in force immediately before the appointed day, shall apply to an action 
brought in respect of any unauthorised use of a performance which took place before that day as if the 
amendment Act had not been enacted.     
[52/2004]  
 
Action relating to rights management information 
272.—Section 261 shall only apply to an action brought in respect of any act referred to in section 260 
(2), (3) or (4) which is carried out on or af ter the appointed day, and section 261, as it was in 
force immediately before that day, shall continue to  apply to an action brought in respect of any act 
referred to in section 260 as it was in force imme diately before that day which is carried out 
before that day as if the amendment Act had not been enacted.     
[52/2004]   IP/N/1/SGP/C/12 
 Page 223 
 
 
   
 
 
THE SCHEDULE 
 
Section 74 (1A) 
  
FALSE REGISTRATION OF INDUSTRIAL DESIGNS 
 1. The provisions of this Schedule shall have effect where —  
 
(a) copyright subsists in an artistic work, a nd proceedings are brought under this Act relating 
to that work;   
(b) a corresponding design has been registered or is deemed registered under the Registered 
Designs Act (Cap. 266), and the copyright in the design subsisting by virtue of that 
registration has not expired by effluxion of time before the commencement of those 
proceedings; and   (c) it is proved or admitted in the proceedings th at the person who is the registered owner of 
the design was not the owner thereof for the pur poses of that Act and was registered as the 
owner under that Act or as the proprietor under the Registered Designs Act 1949 of the 
United Kingdom (as the case may be) without the knowledge of the owner of the copyright in the artistic work.  
 
2. For the purposes of those proceedings (but subj ect to paragraph 3) the registration under the 
Registered Designs Act or the Registered Desi gns Act 1949 of the United Kingdom (U.K. 1949, c.88) 
(as the case may be) shall be treated as never having been effected, and accordingly, in relation to that 
registration, section 74 (1) of this Act shall not apply, and nothing in any written law relating to 
industrial designs shall be construed as affo rding any defence in those proceedings.  
 
3. Notwithstanding anything in paragraph 2, if in th e proceedings it is proved or admitted that any act 
to which the proceedings relate —   
(a) was done in pursuance of an assignment or licence made or granted by the registered owner of the design; and  
 
(b) was so done in good faith in reliance upon the registration, and without notice of any proceedings for the cancellation or revocation of  the registration (as the case may be) or for 
rectifying the entry in the relevant register of designs relating thereto,  
 section 74 (1) of this Act shall apply in relation to  that act for the purposes of the first-mentioned 
proceedings.   
 
[25/2000]  
 
[Aust. 1968, s. 76]   
 
  IP/N/1/SGP/C/12 
Page 224  
 
  LEGISLATION HISTORY  
 
1. Act 2 of 1987 — Copyright Act 1987  
         
Date of First Reading : 25 Marc h 1986 (Bill No. 8/86 published on 
4 April 1986) 
Date of Second Reading : 5 May 1986 Date Committed to Select Committee : 5 May 1986 Date of Presentation of Select 
Committee Report : 22 December 1986 (Parl. 9 of 1986) 
Date of Third Reading : 26 January 1987 
Date of commencement : 10 April 1987          
 
2. 1988 Revised Edition — Copyright Act (Chapter 63)  
        
Date of operation : 30 April 1988         
 
3. Act 14 of 1994 — Copyright (Amendment) Act 1994  
         
Date of First Reading : 25 July  1994 (Bill No. 15/94 published on 
29 July 1994) 
Date of Second and Third Readings : 25 August 1994 Date of commencement : 1 October 1994          
 
4. Act 15 of 1994 — Singapore Broadcasting Authority Act 1994  
(Consequential amendments made to Act by) 
         
Date of First Reading : 25 July  1994 (Bill No. 20/94 published on 
29 July 1994) 
Date of Second and Third Readings : 26 August 1994 
Date of commencement : 1 October 1994          
 
5. Act 24 of 1995 — Regulation of Imports and Exports Act 1995 
(Consequential amendments made by) 
         
Date of First Reading : 25 May 1995 (Bill No. 19/95 published on 
26 May 1995) 
Date of Second and Third Readings : 7 July 1995 Date of commencement : 1 December 1995  IP/N/1/SGP/C/12 
 Page 225 
 
 
           
 
6. Act 6 of 1998 — Copyright (Amendment) Act 1998  
         
Date of First Reading : 14 Janua ry 1998 (Bill No. 4/98 published on 
15 January 1998) 
Date of Second and Third Readings : 19 February 1998 Date of commencement : 16 April 1998          
 
7. Act 3 of 1999 — Layout-Designs of Integrated Circuits Act 1999 (Consequential amendments made by) 
         
Date of First Reading : 23 Nove mber 1998 (Bill No. 49/98 published on 
24 November 1998) 
Date of Second and Third Readings : 20 January 1999 
Date of commencement : 15 February 1999          
 
8. Act 38 of 1999 — Copyright (Amendment) Act 1999  
         
Date of First Reading : 3 August 1999 (Bill No. 27/99 published on 
4 August 1999) 
Date of Second and Third Readings : 17 August 1999 Dates of commencement : 15 December 1999 (except section 25)        16 April 1998 (section 25) 
         
 
9. 1999 Revised Edition — Copyright Act (Chapter 63)  
        
Date of operation : 30 December 1999         
 
10. Act 25 of 2000 — Registered Designs Act 2000  
(Consequential amendments made to Act by)  
         
Date of First Reading : 30 June 2000 (Bill No. 19/ 2000 published on 
1 July 2000) 
Date of Second and Third Readings : 25 August 2000 Date of commencement : 13 November 2000          
 IP/N/1/SGP/C/12 
Page 226  
 
  11. Act 3 of 2001 — Intellectual Property Office of Singapore Act 2001  
(Consequential amendments made to Act by) 
         
Date of First Reading : 12 January  2001 (Bill No. 1/2001 published on 
13 January 2001) 
Date of Second and Third Readings : 22 February 2001 
Date of commencement : 1 April 2001          
 
12. Act 34 of 2002 — Media Development Authority of Singapore Act 2002  
(Consequential amendments made to Act by) 
         
Date of First Reading : 1 Octobe r 2002 (Bill No. 37/2002 published on 
1 November 2002) 
Date of Second and Third Readings : 31 October 2002 
Date of commencement : 1 January 2003 
         
 
13. Act 4 of 2003 — Customs (Amendment) Act 2003  
(Consequential amendments made to Act by)  
         
Date of First Reading : 10 Marc h 2003 (Bill No. 6/2003 published on 
11 March 2003) 
Date of Second and Third Readings : 21 March 2003 Date of commencement : 1 April 2003          
 
14. Act 52 of 2004 — Copyright (Amendment) Act 2004  
         
Date of First Reading : 19 Oct ober 2004 (Bill No. 48/2004 published on 
20 October 2004) 
Date of Second and Third Readings : 16 November 2004 
Date of commencement : 1 January 2005 
         
 
15. Act 22 of 2005 — Copyright (Amendment) Act 2005  
         
Date of First Reading : 16 May 2005 (Bill No. 12/ 2005 published on 
17 May 2005) 
Date of Second and Third Readings : 18 July 2005 Date of commencement : 15 August 2005          
 
  IP/N/1/SGP/C/12 
 Page 227 
 
 
  COMPARATIVE TABLE  
 
The following provisions in the Copyright Act (Cap. 63, 1999 Ed.) have been renumbered by the Law Revision Commissioners in this 2006 Revised Edition.    
This Comparative Table is provided for the convenience of  users. It is not part of the Copyright Act.  
 
2006 Ed.     1999 Ed.  
52—(10)    52—(9) 
(9)    (10) 
(11B)    (11A) 
(11A)    (11B)          
COMPARATIVE TABLE 
COPYRIGHT ACT (CHAPTER 63, 1999 REVISED EDITION)  
   
The following provisions in the 1988 Revised Edition of the Copyright Act were renumbered by the 
Law Revision Commissioners in the 1999 Revised Edition. 
This Comparative Table is provided for the convenience of users. It is not part of the Copyright Act. 
   
1999 Ed.     1988 Ed.  
25—(3) and (4)    25—(3) 
—    35—(5) ( Deleted by Act 6 of 1998 ) 
74—(1A)    Proviso to 74—(1) 
(5) and (6)    (5) (7)    (6) 
84—(3)    Proviso to 84—(2) 
85—(5)    Proviso to 85—(4) 
—    108—(2) ( Deleted by Act 38 of 1999 ) 
(2)    (3) 137—(1) and (2)    137—(1) 
(3)    (2) 141    140R  
142    141 
—    142 (Repealed by Act 6 of 1998)  
153—(1) and (2)    153 
165—(6) and (7)    165—(6) 
194—(4) and (5)    194—(4) 
   
   
   IP/N/1/SGP/C/12 
Page 228  
 
     
   
1999 Ed.  1988 Ed. 
197—(4A)    Proviso to 197—(4) 
Omitted — Spent     229 
237—(4) and (4A)    237—(4) 
 
 
__________