COPYRIGHTFACTSHEET ON
COPYRIGHT ACT 2021
Copyright © 2022 Intellectual Property Office of Singapore.
You may download, view, print, and reproduce this document without modification, but only for non-commercial use. All other rights arereserved. This document and its contents are made available on an "as is" basis, and all implied warranties are disclaimed. The contents ofthis document do not constitute, and should not be relied on as, legal advice. You should approach a legal professional if you require legal
advice.
Published on 24 November 2022.

Copyright

Understanding the
Copyright Act 2021
Updating Copyright for the Digital Age
The new Copyright Act, which is in force from 21 November 2021, replaces the existing Copyright Act(Cap. 63). The Act updates and enhances our copyright regime to take into account technologicaldevelopments which have immensely impacted how copyright works are created, distributed,
accessed, and used. It also seeks to future-proof our regime to cater for future technologicaldevelopments.
The changes implemented by the Act ensure that our copyright regime continues to provide anenvironment that benefits both creators and users. The Act introduces new rights and remedies toprovide more recognition for creators to further incentivise the creation of works. It also creates new
exceptions for users, allowing copyright works to remain reasonably available for the benefit of society.
The new Act is a complete rewrite of the existing Copyright Act in plain English and has a more intuitive
structure to make the law clearer and more accessible to the public.
All changes introduced through the Act will take effect once the Act comes into force on 21 November
2021, save for provisions on the collective management organisation regulatory framework, which wewill continue to consult the public on.
This factsheet summarises how the key changes in the Act will affect the different segments of our
copyright ecosystem.

1

A. Ensuring Copyright Continues to Reward Creation of Works
One of the main aims of copyright is to incentivise the creation and dissemination of new works bygiving authors, artists, musicians, performers, photographers, and other creators the exclusive rightto control specific uses of their works for a limited period of time.
Copyright protects the following types of material:
•
•
•
•
•
•
•
•
•
•

2

literary works (e.g. books, articles in journals or newspapers, lyrics in songs, source codes ofcomputer programs);
dramatic works (e.g. scripts for films or drama (as applied), choreographic scripts for showsor dance routines);
musical works (e.g. melodies);
artistic works (e.g. paintings, sculptures, drawings, engravings, photographs, buildings ormodels of buildings, works of artistic craftsmanship such as designer furniture that is not mass
produced);published editions of literary, dramatic, musical, or artistic works (e.g. typographic
arrangements of a published work);sound recordings (e.g. podcasts, music, or audiobooks contained in a digital file);
films (e.g. movies or videos);
television and radio broadcasts (i.e. broadcasts by way of television or radio);cable programmes (i.e. programmes (visual images and sound) included in a cable programme
service sent by means of a telecommunication system); andperformances (e.g. performances by musicians, singers, and comedians).

1. Granting creators default ownership of certain types ofcommissioned works:
Old position(under the Copyright Act 1987)

New position(under the Copyright Act 2021)

Content creators are the default copyrightowners.

Content creators are the default copyright owners,
including for all types of commissioned content.

Exceptions:• for commissioned photographs, portraits, •engravings, sound recordings, or films,
the commissioning party is the default
copyright owner.

Exception:for employee-created content, the employer is thedefault copyright owner of all types of content
created by their employees in the course of theiremployment.

•

for employee-created literary, dramatic,
musical, and artistic works, the employer
is the default copyright owner of suchworks created by their employees in thecourse of employment.

New default positions remain subject to contract and other laws
• Parties can agree in writing to reverse the default position such that the commissioner
owns the copyright.
• Other laws continue to apply, such as personal data protection, defamation, and criminal
laws. In particular, the Personal Data Protection Act gives individuals control over theirpersonal data and how it can be used by others. This means that, even if a photographer
owns the copyright to the photographs, he or she must still obtain consent from allindividuals featured in them before using those photographs. 1 Creators such as
photographers cannot require their clients to provide consent beyond what is reasonable
to provide their services. Further, individuals can withdraw consent earlier given.

This generally applies to portrait photography. Photographers may also rely on exceptions to the requirement of consent
under the PDPA, such as exceptions for news reporting or capturing images that are publicly accessible during landscape orcityscape photography. For more information on personal data in photography, video and audio recordings, please refer to
Chapter 4 of the Advisory Guidelines on the Personal Data Protection Act for Selected Topics issued by the Personal Data
Protection Commission at www.pdpc.gov.sg.
13

1. Granting creators default ownership of certain types ofcommissioned works:
Illustration
A company engaged a photographer for an event, to take photographs to be used in thecompany’s promotional and marketing material, including its website and corporate collaterals.
The company’s representative and the photographer negotiated the fee and confirmed otherdetails such as the duration of the event and the number of photographs to be provided to thecompany via email.2 The photographer sent over a written quotation which was accepted by thecompany. There was no mention in the email or the terms and conditions of the quotation as
to copyright ownership of the photographs.
Under the new Copyright Act, the photographer will by default own the copyright to thephotographs taken at the event. While the company may use the photographs for the purposes
for which they were commissioned, the photographer as the copyright owner may use thephotographs for his own purposes, such as for his commercial portfolio. He may even licence orsell copies of the photographs to others. However, if any of these photographs contain imagesof persons such that they will be considered personal data, he must observe the obligations as
to the use of such personal data under the Personal Data Protection Act.
If the company had wanted to own the copyright in the photographs so that it may use them forany other purpose, then it should have negotiated with the photographer and amended theterms and conditions of the quotation to record this agreement in writing. This may involve
paying the photographer a higher fee for the copyright. If the photographer agrees that thecompany will own the copyright to the photographs, the photographer would also have tonegotiate for any use he intends to make of the photographs (e.g. to include them in his
commercial portfolio).

So long as the commissioning agreement is entered into after the new Copyright Act enters into force, the rules illustrated
in this scenario will apply, even if the negotiations were ongoing before the Act comes into force.
24

2. Identifying creators and performers whenever their works or
performances are used in public:
Old position(under the Copyright Act 1987)

New position(under the Copyright Act 2021)•

Creators and performers currently
do not have a right to be identified
whenever
their
works
or
performances are used.

••

They have only a right to prevent
false identification (i.e. where
their work or performance isfalsely claimed to have beencreated or performed by someoneelse).

Anyone who uses an authorial work (i.e. aliterary, dramatic, musical, or artistic work) or aperformance in public (e.g. depending on thework or performance, by sharing it online,
publishing it, or including it in corporate
collaterals) must identify its creator or
performer.

•

This identification must be clear and reasonably
prominent, and in the manner that the creator or
performer wishes to be identified (e.g. thecreator or performer may require the use of apseudonym instead of their name).

No requirement to identify the creator or performer:
•
•

•

•

5

where the author’s or performer’s identity is not known;where the author or performer:
o consents to not being identified (i.e. they agree, whether in writing or not, thatthey do not need to be identified); oro waives their right to be identified (i.e. they state in writing that they relinquish
their right to be identified);
when the work or performance is to be used for exempted purposes, such as:o examinations;o artistic works in public places (only for works);o incidental inclusion in films, television broadcast, or cable programmes (only forworks);o judicial proceedings;
o industrially applied artistic works (only for works);o fair use for the purpose of reporting news; oro other prescribed circumstances; orwhen using exempted materials:
o computer programs;o works made in the course of employment and first owned by the employer; oro works where the Government is the first owner and the author has not been
identified.

2. Identifying creators and performers whenever their works or
performances are used in public:

Transitional Arrangements
This new obligation to identify applies to public use of materials after the coming into forceof the new Copyright Act, regardless of when the materials are created. However, forauthorial works made before the Act came into force, there is a limited exemption if the useof those works would not infringe copyright pursuant to an assignment or licence in thefollowing circumstances:• if the first copyright owner is the author and the author assigned or licensed thework before 21 November 2021; or•if the first copyright owner is another person (e.g. a person who commissions awork) and that person, or any other person to whom the work is subsequently
assigned or licensed, uses the work.

Illustration
A person visited a blog and found a poem written by the blog owner. She found the poem
interesting, so she copied and shared it on her social media account. She needs to properly
identify the blog owner as the writer of the poem when doing so, e.g. in the caption of hersocial media post. If she does not, she will be liable for infringing the blog owner’s right tobe identified. Further, because the right to be identified is separate from copyright, she will
also need to obtain permission from the blog owner to copy and share the poem if she is
not able to rely on any permitted use to do so.
A company commissioned a painting for its commemorative 20th anniversary celebrations.
It negotiated a contract with the painter so that the company would own the copyright tothe painting. The contract did not contain any waiver of the painter’s right to be identified.
The painter also did not consent to not being identified. The company later reproduced thepainting in its commemorative collaterals (such as brochures and pamphlets) and on its
website, but did not identify the painter. Even though the company has not infringed
copyright (since it owns the copyright to the painting), it has infringed the painter’s right tobe identified. The company should have identified the painter when it used the painting in
those ways. Alternatively, it should have negotiated with the painter to waive his right tobe identified or obtained his consent to use the painting without identification.

6

3. Deterring people from profiting off products or services thatstream audio-visual content from unauthorised sources:
Old position(under the Copyright Act 1987)•

There is currently no provision
specifically targeted at imposing
liabilityfor
copyright
infringement on commercial
dealers in products or services
that stream audio-visual content
from unauthorised sources.

New position(under the Copyright Act 2021)•

To encourage consumption of copyright works
from legitimate sources, copyright owners may
sue anyone who knowingly engages incommercial dealings with:o devices (such as set-top boxes (also known
as “white boxes” or “grey boxes”) or
software applications); oro services
that have a limited (or no) commerciallysignificant purpose or use besides facilitating
access to copyright infringing works.

•

Prohibited acts include commercial dealings insuch devices by selling, offering or exposing forsale by way of trade, distributing for the purposeof trade, exhibiting in public by way of trade, oroffering such services in exchange for payment.

Illustration
A vendor sells a range of electronic devices, including the following:••

Device A, which provides access to the Internet (including websites that host illicit or“pirated” content, such as movies or music), contains video games, and may be used tostore data; andDevice B, which can connect to a smart television, contains pre-loaded applications thatprovide access to illicit or “pirated” content (such as movies or music) hosted on theInternet, contains a calculator application, functions as a clock, and allows the users to
download additional applications.

The vendor may be liable for copyright infringement for selling Device B if it can be proven that thedevice has no commercially significant purpose other than to facilitate access to infringing works.
If the vendor does not sell Device B, but instead provides it as a “free gift” with the purchase of
Device A, the vendor may still be liable for copyright infringement because it continues to deal
commercially with Device B.
If the vendor stops carrying Device B entirely, and focuses on selling only Device A, the vendor may
still be liable for copyright infringement if, in exchange for payment, it offers a service to install asoftware application on Device A that enables the user to directly access illicit or “pirated” content
on the Internet. Even if the vendor does not personally install the application, it may still be liable
for offering a prohibited service by providing information on how such content can be accessed.

7

4. New equitable remuneration rights when sound recordings
are broadcasted or publicly performed:
Old position(under the Copyright Act 1987)

New position(under the Copyright Act 2021)•

Sound recording companies
currently have a right to control
only how sound recordings are
made available to the public via
digital audio transmissions.

•Sound recording companies have a new right tocollect licence fees for the broadcast or public
performance of commercially published soundrecordings. This fee may be collected bycollective management organisations.

•

They do not have any right inrelation
to
when
sound
recordings are heard in public via
other means.

•

Businesses that play recorded music in a physicalvenue (e.g. restaurants, hotels, retail shops), willneed to obtain a licence for the public
performance of the sound recordings. This is inaddition to a licence for the public performanceof the underlying music (i.e. the musicalcomposition and lyrics) in the sound recording.

•

However, this right does not arise in certain
circumstances, including:o where the public performance is carriedout by receiving a broadcast (e.g. by playing
music through the radio);o where the public performance of the soundrecording constitutes fair use; ando where the sound recording is performed by
students or staff of an educational
institution, in the course of that
institution’s activities, to an audience
limited to those directly connected withthat institution.

Illustration
A cafe plays background music from a music streaming platform. Currently, the cafe pays acollective management organisation for the public performance of the underlying music. The
new sound recording right requires the cafe to also pay for the public performance of thesound recordings.
However, if the cafe plays background music through the radio, it currently does not need to
pay any fee for the public performance of the music (since it falls within the exception relating
to public performance by receiving a radio broadcast of the music). It similarly will not needto pay a fee for the public performance of the sound recordings of the music because theexception applies to not only the underlying music, but also the sound recordings of the music.

8

B. Ensuring Copyright Works are Available for Benefit of Society at Large
Another main aim of copyright is to maintain a balance between protecting the rights of creators andensuring that copyright works are reasonably available for the benefit of society at large. When limited
to certain purposes and uses, allowing members of the public (which includes other creators) to use
copyright works can also facilitate innovation and the creation of even more works.
The Copyright Act identifies certain “permitted uses”. These are exceptions to copyright infringement– in other words, a person who performs a permitted use of a copyright work will not be liable forcopyright infringement, provided that he or she complies with all the conditions of the permitted use.
In addition, the Act also adjusts the duration of copyright protection, ensuring that works are notlocked up in perpetuity since that benefits neither the creator nor society as a whole.

95. Strengthening the general “fair use” exception:
Old position(under the Copyright Act 1987)10•

One exception to copyright
infringement is a general openended “fair dealing” exception.
This means that a person will notbeliablefor
copyright
infringement if their use of a
copyright work qualifies as a “fairdealing”.

•

There are 5 factors to consider:o 1) The purpose andcharacter of your use.
o 2) The nature of the work
you are using.
o 3)
Theamountandsubstantiality of the portionof the work you are using, in
relation to the whole work.
o 4) The effect that your use
will have on the potential
market for, or value of, thework.
o 5) The possibility ofobtaining the work within areasonable time at an
ordinary commercial price.

New position(under the Copyright Act 2021)•

The “fair dealing” exception is made easier tounderstand and apply:o The exception is now called “fair use”.
o The 5th factor will be removed. This meansthat it is no longer mandatory for the courts
to consider, in every situation, whether thereis the possibility of obtaining a work within areasonable time at an ordinary commercial
price. However, this factor can be still betaken into account where relevant.
o The exception will incorporate the otherexisting specific fair dealing exceptions (andtheir specific accompanying conditions):▪ reporting news;▪ criticism or review; and▪ research or study.

•

If you are a user (including a creator who wants tobuild on existing works), you can rely on thisexception when your intended use does not fallunder other specific permitted uses. Ultimately,
whether your use qualifies for the exception will
depend on the specific facts of your particular
circumstance.

6. New exception for educational uses by non-profit schools:
Old position(under the Copyright Act 1987)

11•

The exceptions for educational
uses by non-profit schools mostly
cover traditional material andsituations.

•

There is a lack of clarity (and, byextension, a lack of certainty) as
to whether teachers and students
are permitted to use digitalmaterials from the internet, e.g.
online publications, blogs, videos,and photographs.

New position(under the Copyright Act 2021)•

A new educational exception will permit schools andstudents of non-profit educational institutions (seeSection 83 for the full list of such institutions) to use
resources from the Internet for educational
purposes only, under certain conditions, including:o the material must be free to access from theInternet;o the user must cite the Internet source and thedate when the material was accessed;
o the
user
must
give
a
sufficientacknowledgement of the material (i.e. identify
the author and the title/description of thework), to the extent that the necessary
information is available from the source;o the user can communicate the material only
on a network of the educational institutionthat is accessible only to the students and staffof that institution, or on MOE’s Student
Learning Space; ando the user must not know that the material is a
copyright infringing work (e.g. a “pirated”
copy of a movie) – if the user is notified thatthe material is infringing, the user must cease
the use of the material and take reasonable
steps to prevent any further access.

•Materials are considered free to access if they are
generally accessible using the Internet by the public
free of charge at the time of access. Materials thatwill not qualify for this exception include those thatare accessible only:
o for a limited period that cannot be renewed or
extended (e.g. under a one-time trial
subscription);o under a paid subscription, whether or not theuser was the person who paid for that
subscription; oro by circumventing an access control measure(as defined in section 423) in circumstancesthat constitute copyright infringement.

6. New exception for educational uses by non-profit schools:

Illustration
A class of secondary school students has been tasked to write an article as part of anassignment.
One student found a freely accessible image through a Google search. She can use thatimage in her article without first obtaining permission from its copyright owner. When
doing so, she must cite the source of the image, the date she accessed the image, and give
sufficient acknowledgement (i.e. identify the image by its title or other description, as wellas the person who created the image, if such information is available from the source).
In contrast, another student found an extract from an article on a subscription-basedjournal website which is available only behind a paywall. He cannot rely on this exception
to use that extract for his assignment.

12

7. New exception for uses of works for computational data
analysis:
Old position(under the Copyright Act 1987)

13

New position(under the Copyright Act 2021)•

There is no express exception forcomputational data analysis,
which includes activities such as
text and data mining.

•

A new exception permits the copying of copyrightworks specifically for the purpose of computational
data analysis, e.g. sentiment analysis, text and data
mining, and training machine learning.

•

Such activities, which typicallyinvolve incidentally extracting or
copying
data
from
large
quantities of material which may
be protected by copyright, mayconstitute copyright infringement
if they do not qualify as fairdealing.

•

To protect the commercial interests of copyrightowners, this exception is subject to certain
conditions and safeguards, which the user mustcomply with:o the user cannot share copies of the works withothers, except for verifying the results of thecomputational
data analysis orforcollaborative research or study relating to the
purpose of such analysis;o the user must not use copies of the works madeunder this exception for any other purpose;o the user must have lawful access to the works
to be copied; ando the work from which copies are made must notitself be an infringing copy (unless the use of
infringing copies is necessary for a prescribedanalysis) or, if it is an infringing copy:▪ the user must not know this; and▪ if that copy was obtained from aflagrantly infringing online location,
the user must not know (or reasonably
have known) that.

7. New exception for uses of works for computational data
analysis:
Illustration
A company is developing an artificial intelligence programme that can translate books fromone language to another. To do so, the company carries out processes which involve making
copies of various books in order to “teach” the programme how to recognise patterns. The
company may rely on this exception to make the copies without first obtaining permission
from the copyright owners of the books, provided that the company complies with theother conditions under this exception, such as not using the copies for any other purpose
apart from computational data analysis. Moreover, the company must have lawful accessto the materials that it copies. This means that it must first purchase the books it wants touse or subscribe to services that provide it with access to those books. The company should
not circumvent paywalls to access the books.

14

8. Facilitating the work of galleries, libraries, archives, andmuseums:
Old position(under the Copyright Act 1987)

15•

The exceptions for cultural
institutions do not provide forcertain activities required fortheir proper functioning, e.g.
facilitating the exhibition of theircollections.

•

Moreover,becauseofinconsistencies in the way these
exceptions apply to different
types of institutions (even though
they all similarly performpreservation and exhibitionwork), there is a lack ofunderstanding about which andhow exceptions apply to different
types of institutions, whichtranslates to their underutilisation.

New position(under the Copyright Act 2021)•

Refinements to the current exceptions, and theintroduction of new exceptions, relating to public
cultural heritage institutions will support galleries,
libraries, archives, and museums in carrying out
certain activities related to their “public
collections”, which are defined as:o the National Archives;o the prescribed public collections of the
National Heritage Board;o the permanent collection of a library; ando archives.

•

The exceptions will permit these institutions to carryout activities relating to their work, such as:o copying for administrative purposes (e.g.
preservation, internal record-keeping, andcataloguing); ando activities relating to the exhibition of theircollections (e.g. exhibiting a replica when theoriginal is being restored, or taking
photographs of a painting for publicity
materials such as posters).

•

Institutions relying on this range of exceptions mustcomply with the requirements and conditions of theapplicable exceptions.

8. Facilitating the work of galleries, libraries, archives, andmuseums:
Illustration
A library wants to provide the public with the opportunity to view certain old books which
it has in its permanent collection. It decides to organise a public exhibition of those books.
To drive traffic to this exhibition, the library wants to make copies of extracts of those booksin their publicity materials, such as brochures and pamphlets.
The library can do so by relying on a new exception that permits it to make and supply
copies of those extracts to the public for the purpose of publicising its exhibition. This
includes uploading the extracts online as part of its publicity efforts. These copies must be
made at a quality and to an extent that is substantially lower than the original material (i.e.
they must not be a reasonable substitute for the books themselves). Further, the librarymust not use those copies for any other purpose. It must not sell them as merchandise. If
it charges any fee for the copies (or any material that includes those copies), such a fee
must be on a cost-recovery basis only.

16

9. Adjusting existing provisions for print-disabled users:
Current position(under the Copyright Act 1987)•

The current exceptions give
persons who are blind, visually
impaired, or otherwise printdisabled greater and more equal
access to copyrighted works.

•

Organisations that help such
persons with print disabilities toconvert works into accessible
formats (such as a Braille version
or an audio recording) need to
pay licence fees to the copyrightowners of those works uponrequest.

New position(under the Copyright Act 2021)•

Refinements to the current exceptions allow
individuals and organisations that help Singapore
residents with print disabilities to convert a work
into accessible formats when a new accessible
format copy of the work is not available. They nolonger need to pay licence fees to the copyrightowner.

•

Before making the accessible format copy, theperson or organisation must make a reasonable
investigation and be satisfied that no new
published copy of the material in an accessible
format is obtainable within a reasonable time andat an ordinary commercial price.

•

They must make the copy for the use of a personwith print disability for the purpose of research or
study (or self-instruction) only, and not for profit.
They must also comply with prescribed
requirements on recording the copying.

•

This change allows persons with print disabilities
to avoid double-payment since they would often
at the outset purchase a normal print copy inorder to convert it.

Illustration
A print-disabled (e.g. blind) student in Singapore requires a Braille version of a textbook.
However, no such Braille version of the textbook has been created (or, it has been created,but no copy is available despite his efforts at locating one).
The student, or an organisation that assists the print-disabled, can make a copy of thattextbook in Braille version. They will not need to pay any licence fee to the copyright ownerof the textbook. The copy made must not be used to make a profit. Rather, it must be usedby the student for his own study only.

17

10.Protecting certain exceptions from being restricted bycontracts:
Old position(under the Copyright Act 1987)•

Copyright
exceptions
serve
important public interests andrepresentalegislativelydetermined balance between therights and interests of copyrightowners and users.

•

However, certain contractual
terms may seek to restrict theapplication of some or all of these
exceptions.

•

As a result, users may be deprivedof the benefit of the exceptions.
Users may have little choice but toaccept such terms, especiallywhen they are provided instandard form contracts or on a
website’s terms and conditions.

•18

Currently, only the following
exceptions relating to computer
programs are expressly prevented
from
being
restrictedvia
contracts:o Back-up copy of computer
programs,
o Decompilation of computer
programs; ando Observing, studying, andtestingofcomputerprograms.

New position(under the Copyright Act 2021)•

The list of exceptions which will always be available,
regardless of any contract term purporting toprevent or restrict them, will be expanded toinclude:o the new exception relating to computational
data analysis;o exceptions relating to judicial proceedings andlegal advice;o and the exceptions relating to the work ofgalleries, libraries, archives, and museums,
save for the exception relating to interlibrary/archive loans (see section 234).

•

For other types of exceptions, only fair andreasonable terms in negotiated contracts may
control whether an exception can be used. For
example, users who must agree to “click-throughcontracts” which they cannot negotiate on will still
be able to rely on copyright exceptions despite any
contractual term to the contrary.

•

These changes give users greater certainty as towhether they can rely on an exception if the termsof a contract purport to exclude or restrict the
exception.

10.Protecting certain exceptions from being restricted bycontracts:
Illustration
A library owns a set of rare books in its permanent collection. These books had been
donated to the library pursuant to a donation deed several years ago.
Over time, the condition of those books began to deteriorate. The library now wants tomake copies of those books for the purpose of preserving them in case they get damaged
or further deteriorate in condition.
The library can do so without the permission of the copyright owners of the books. The
library can do so even if the donation deed expressly prevents the library from making
copies for any purpose, since copying books in a library’s permanent collection forpreservation is an exception that cannot be excluded by contract.

19

11. Setting an expiry date for protection of unpublished works:
Old position(under the Copyright Act 1987)•

Copyright protection generally
lasts for a limited period of time.

•

But in some cases, the duration of
copyright protection begins only
when a work is published.
Therefore, so long as the work
remains unpublished, it can enjoy
perpetual copyright protection.

•

20

New position(under the Copyright Act 2021)•

Unpublished works will no longer enjoy perpetual
copyright protection. All works, whether publishedor not, will enjoy protection for only a limited
period.

•The length of protection will depend on the type ofwork and the way it is managed. The various periods
are set out in the table on the next page. The key
durations are:o Authorial works (with known authors) will beprotected for 70 years from the death of theauthor.
o Films and anonymous or pseudonymous
works will be protected for 70 years from themaking of the work, the making available of
the work to the public, or first publication,
depending on whether and (if so) when theseacts are carried out.

•

Creators remain free to keep their works
unpublished, regardless of the copyright protection
duration.

•

There will be a transitional period that ends on 31
December 2022 (i.e. slightly more than 1 year after
the Act’s implementation date). Works publishedduring this transitional period will enjoy a longer
duration of protection than if they were to be
published after the period.

•

This change encourages creators to commercialise
their works and facilitate public access to theknowledge and creative expressions contained inthem, rather than locking them away forever. This
benefits both the creators themselves and potential
users of such works.

If and when the unpublished work
is eventually published, it isprotected by copyright (and so
withheld from the public domain)
for a further 70 years.

EXISTINGCOPYRIGHT WORKS

•
•
•
•

Literary works
Musical works
Dramatic works
Engravings

Whether Work is
Published or Made
Available to the
Public, and if so,
When?

Unpublished or notmade available to the
public.
Published or madeavailable to the public
before death of
author.

Published or madeavailable to the public
after death of author.
•

Artistic works(except
photographs andengravings)

•
•

21

Photographs

Anonymous andpseudonymous
authorial works
Films

Expiry of
Copyright

70 years after
death ofauthor.

Expiry of
Copyright

70 years after death of theauthor.

70 years afterwork is firstpublished or
madeavailable tothe public.

Same as the works mentioned
above.

Perpetual.

Published.

70 years after
firstpublication.

Unpublished.

Perpetual.

Published.

Whether Workis Published orMade
Available to
the Public, andif so, When?

Perpetual.

70 years after death of author.
(Duration not dependent on whether or
not published or made available to the
public)Unpublished.

•NEW

70 years after
firstpublication.

Same as the works mentioned
above.

Unpublished.
Published
more than 50
years after the
making of thework and thework is nototherwise
madeavailable tothe public
within those
50 years.

70 years
after themaking of
the work.

EXISTINGCOPYRIGHT WORKS

Whether Work is
Published or Made
Available to the
Public, and if so,
When?

NEW

Expiry of
Copyright

Whether Workis Published orMade
Available to
the Public, andif so, When?
Published
more than 50
years after the
making of thework, but thework is first
madeavailable tothe public(other than by
publication)
within those
50 years.
Publishedwithin 50
years after the
making of thework.

Unpublished.

•

Sound recordings
Published.

22

Perpetual.

70 years after
firstpublication.

Expiry of
Copyright

70 years
after making
available tothe public.

70 years
after firstpublication.

Unpublished.

Published
more than 50
years after the
making of the
soundrecording.
Publishedwithin 50
years after the
making of the
soundrecording.

70 years
after themaking of
the soundrecording.

70 years
after thefirstpublicationof the soundrecording.

Illustration
A publisher owns an unpublished manuscript which was made by an author who died in
1940. If the publisher either does not publish the manuscript or publishes it only after thetransitional period (which ends on 31 December 2022), copyright would have expired in 2010
(70 years after author’s death).
But if the publisher publishes the manuscript in 2022, during the transitional period,
copyright would expire in 2092 (70 years after publication) instead.

23

C. Strengthening the Copyright Ecosystem
Collective management organisations (CMOs) are organisations that collectively manage the use ofworks or performances for different creators (e.g. singers and writers) and rights-holders (e.g.
publishers). They facilitate large-scale royalty collection on behalf of their members, thereby reducing
the transaction costs involved.
This intermediary role played by CMOs benefits users (e.g. restaurants, cinemas, and shopping mallsthat play music) by facilitating their use of works, as well as creators (e.g. the musician whose music
is being played) by facilitating the payment of royalties to them for the use of their works.
The Copyright Act will introduce a new regulatory framework for CMOs. This will enhance thestandards of transparency, good governance, accountability, and efficiency in such organisations.

2412. New class licensing scheme for collective management
organisations (CMOs):
Old position(under the Copyright Act 1987)•

25

CMOs are not regulated by any
public agency. Given theirimportant role in the copyrightecosystem, it is imperative thatthey operate with high standardsof transparency and governance,
and are able to adapt to thedigital environment in whichworks are created, consumed,
and distributed.

New position(under the Copyright Act 2021)•

The Intellectual Property Office of Singapore (IPOS)
will administer a new class licensing scheme toregulate CMOs. This regulatory framework will
ensure compliance by CMOs with minimum
standards of transparency, good governance,accountability, and efficiency.

•

Under this framework, all CMOs will be subject toclass licence conditions.

•

IPOS will be empowered to impose financial
penalties on, as well as issue written directions andcessation orders to, CMOs and/or their officers who
breach their licence conditions or IPOS’s directions.

•

The provisions relating to this regulatory framework
will come into effect only in 2022 or later. The
Ministry of Law and IPOS will first carry out a public
consultation in 2022 on the subsidiary legislationthat will contain the proposed licence conditions to
be introduced under this class licensing scheme
before bringing these provisions into effect.