# legal_provisions

document_id: ca-2021
provision_ref: s182
chapter: PART 4 - PROTECTION OF PERFORMANCES
section: 182
title: Other rights not affected
content:
182. This Part does not affect — ( a ) any copyright in a work that is performed; ( b ) any copyright in a sound recording, film or broadcast of a performance; and ( c ) any other right or obligation arising otherwise than under this Part.


document_id: ca-2021
provision_ref: s183
chapter: PART 5 - PERMITTED USES OF
section: 183
title: Permitted uses are not rights infringements
content:
183. —(1) Where an act in relation to a work is a permitted use, the act is not an infringement of any copyright in the work. (2) Where an act in relation to a protected performance is a permitted use, the act is not an infringing use of the performance.


document_id: ca-2021
provision_ref: s184
chapter: PART 5 - PERMITTED USES OF
section: 184
title: Permitted uses are independent
content:
184. Unless this Act expressly provides otherwise, a permitted use is independent of, and does not affect the application of, any other permitted use.


document_id: ca-2021
provision_ref: s185
chapter: PART 5 - PERMITTED USES OF
section: 185
title: Permitted uses may go beyond scope of copyright or protection of performances
content:
185. An act that is a permitted use — ( a ) is not necessarily comprised in a copyright; and ( b ) would not necessarily constitute an infringing use of a protected performance if the act were not a permitted use. Explanation. — To provide certainty, some provisions on permitted uses are drafted in a way that goes beyond the acts comprised in a copyright and what would otherwise be an infringing use of a protected performance.


document_id: ca-2021
provision_ref: s186
chapter: PART 5 - PERMITTED USES OF
section: 186
title: Permitted uses may be excluded or restricted by reasonable contract term
content:
186. —(1) Subject to this section and section 187, a rights owner may, by contract with a person, exclude or restrict the application of a permitted use to that person. (2) A contract term between the rights owner and another person (called in this section the counterparty) is valid for the purposes of subsection (1) only if — ( a ) the contract is individually negotiated; and ( b ) the term is fair and reasonable, having regard to the circumstances that are, or ought reasonably to be, known to or in the contemplation of the parties when the contract is made. (3) For the purposes of subsection (2)( b ), relevant matters in deciding whether a term of a contract is fair and reasonable include — ( a ) the strength of the bargaining positions of the parties relative to each other, taking into account (among other things) alternative means by which the counterparty’s requirements could have been met; ( b ) whether the counterparty received an inducement to agree to the term, or in accepting it had an opportunity of entering into a similar contract with other persons, but without having to accept a similar term; ( c ) whether the counterparty knows or ought reasonably to know of the existence and extent of the term (having regard, among other things, to any custom of the trade and any previous course of dealing between the parties); and ( d ) whether at the time of the contract it is reasonable to expect that the contract is workable without the term. (4) Subject to any contrary intention in the contract, where a contract term between a rights owner and a person excludes or restricts the application of a permitted use to that person, the benefit of that term passes to the rights owner’s successors in title. (5) This section applies to any contract made before, on or after 21 November 2021.


document_id: ca-2021
provision_ref: s187
chapter: PART 5 - PERMITTED USES OF
section: 187
title: Permitted uses that may not be excluded or restricted
content:
187. —(1) Any contract term is void to the extent that it purports, directly or indirectly, to exclude or restrict any permitted use under any provision in — ( a ) Division 6 (public collections), but not section 234 (supplying copies of published literary, dramatic or musical works or articles between libraries and archives); ( b ) Division 7 (computer programs); ( c ) Division 8 (computational data analysis); or ( d ) Division 17 (judicial proceedings and legal advice). (2) Without limiting subsection (1), a contract term is void to the extent that it purports, directly or indirectly, to prevent or restrict the doing of any of the following acts in circumstances that constitute a permitted use under the provisions mentioned in subsection (1): ( a ) making a copy of a work or a recording of a protected performance; ( b ) supplying (whether by communication or otherwise) a copy of a work or a recording of a performance; ( c ) performing a work or a recording of a protected performance. (3) This section applies to any contract made before, on or after 21 November 2021.


document_id: ca-2021
provision_ref: s188
chapter: PART 5 - PERMITTED USES OF
section: 188
title: Evasion through choice of law clause to be void
content:
188. —(1) A contract term that purports to apply the law of a country other than Singapore is void if — ( a ) the application of that law has the effect of excluding or restricting the operation of any permitted use; and ( b ) either — (i) the term is imposed wholly or mainly for the purpose of evading the operation of any permitted use; or (ii) in the making of the contract one of the parties dealt as consumer, and he or she was then a Singapore resident, and the essential steps for the making of the contract were taken in Singapore (whether by him or her or by others on his or her behalf). (2) For the purposes of subsection (1)( b ) — ( a ) the interpretation of section 27(2)( b ) of the Unfair Contract Terms Act 1977 must be considered; and ( b ) if a person claims that a party does not deal as a consumer, the burden is on the person to prove this. (3) This section applies to any contract made before, on or after 21 November 2021.


document_id: ca-2021
provision_ref: s189
chapter: PART 5 - PERMITTED USES OF
section: 189
title: What is sufficient acknowledgment of an authorial work
content:
189. —(1) For the purposes of this Part, an acknowledgment of an authorial work is sufficient if the acknowledgment identifies — ( a ) the work by its title or other description; and ( b ) subject to subsection (2) — the author. (2) It is not necessary to identify the author if — ( a ) the work has no identified author; or ( b ) the author has previously agreed or directed that his or her name is not to be acknowledged. Division 2 &#x2014; Fair use


document_id: ca-2021
provision_ref: s190
chapter: PART 5 - PERMITTED USES OF
section: 190
title: Fair use is permitted use
content:
190. —(1) It is a permitted use of a work to make a fair use of the work. (2) It is a permitted use of a protected performance to make a fair use of — ( a ) the performance; or ( b ) a recording of the performance.


document_id: ca-2021
provision_ref: s191
chapter: PART 5 - PERMITTED USES OF
section: 191
title: Relevant matters in deciding whether use is fair
content:
191. Subject to sections 192, 193 and 194, all relevant matters must be considered in deciding whether a work or a protected performance (including a recording of the performance) is fairly used, including — ( a ) the purpose and character of the use, including whether the use is of a commercial nature or is for non‑profit educational purposes; ( b ) the nature of the work or performance; ( c ) the amount and substantiality of the portion used in relation to the whole work or performance; and ( d ) the effect of the use upon the potential market for, or value of, the work or performance.


document_id: ca-2021
provision_ref: s192
chapter: PART 5 - PERMITTED USES OF
section: 192
title: Additional requirement for sufficient acknowledgment where use is for certain purposes
content:
192. —(1) Where a work or a protected performance (including a recording of the performance) is used for the purpose of reporting news, the use is not fair unless — ( a ) the work or performance is sufficiently acknowledged; or ( b ) sufficient acknowledgment is impossible for reasons of practicality or otherwise. (2) Where a work or protected performance (or a recording of the performance) is used for the purpose of criticism or review (whether of that work or performance or another work or performance), the use is not fair unless the work or performance is sufficiently acknowledged.


document_id: ca-2021
provision_ref: s193
chapter: PART 5 - PERMITTED USES OF
section: 193
title: Deemed fair use where work or recording included in fairly‑used work
content:
193. —(1) This section applies where — ( a ) any of the following is used for the purpose of criticism or review: (i) a sound recording; (ii) a film; (iii) a broadcast; (iv) a cable programme; (v) a protected performance (including a recording of the performance); and ( b ) the use is fair. [Act 31 of 2022 wef 01/11/2022] (2) A work or a recording of a protected performance that is included in the sound recording, film, broadcast, cable programme, performance or recording mentioned in subsection (1)( a ) is deemed to be fairly used (and section 191 does not apply). [Act 31 of 2022 wef 01/11/2022] (3) To avoid doubt, this section does not limit what would otherwise be a fair use.


document_id: ca-2021
provision_ref: s194
chapter: PART 5 - PERMITTED USES OF
section: 194
title: Deemed fair use where reasonable portion copied for research or study
content:
194. —(1) Making a copy of a literary, dramatic or musical work for the purpose of research or study is deemed to be a fair use (and section 191 does not apply) if — ( a ) the work is an article in a periodical publication; or ( b ) no more than a reasonable portion of the work is copied. (2) Subsection (1) does not apply to making a copy of an article in a periodical publication if — ( a ) another article in that publication is also copied; and ( b ) the copied articles deal with different subject matters. (3) To avoid doubt, this section does not limit what would otherwise be a fair use. Division 3 &#x2014; Education and educational institutions


document_id: ca-2021
provision_ref: s195
chapter: PART 5 - PERMITTED USES OF
section: 195
title:
Interpretation: when is a copy or recording made or used for the educational purposes of an educational institution

content:
195. —(1) For the purposes of this Division, a copy of a work or a recording of a protected performance is taken to be made or used for the educational purposes of an educational institution if — ( a ) the copy or recording is made for use, or is used, in connection with a course of education provided by the institution; or ( b ) the copy or recording is made for inclusion, or is included, in the collection of a library of the institution. (2) Subsection (1) does not limit the meaning of “educational purposes” in this Act.


document_id: ca-2021
provision_ref: s196
chapter: PART 5 - PERMITTED USES OF
section: 196
title: Copying authorial work by non‑reprographic means for course of education
content:
196. —(1) If the conditions in subsection (2) are met, it is a permitted use to make a copy of an authorial work. (2) The conditions are — ( a ) the copy is made for the purposes of a course of education; ( b ) the copy is made by a person conducting or undergoing the course; and ( c ) the copy is not made by a reprographic process. (3) In this section, “reprographic process” — ( a ) means a process — (i) for making facsimile copies (whether of the same scale or not); or (ii) involving the use of an appliance for making multiple copies; and ( b ) includes, in relation to an authorial work in electronic form, any copying by electronic means, but does not include the making of a film or sound recording.


document_id: ca-2021
provision_ref: s197
chapter: PART 5 - PERMITTED USES OF
section: 197
title:
Copying or communicating very small portions of literary or dramatic work for course of education provided by educational institutions

content:
197. —(1) If the conditions in subsection (2) are met, it is a permitted use of a literary or dramatic work for a person ( X ) to — ( a ) make a copy of a part (but not the whole) of the work in an edition of the work; or ( b ) communicate a part (but not the whole) of the work in an edition of the work. (2) The conditions are — ( a ) the copy or communication is made for the purposes of a course of education provided by an educational institution; ( b ) either — (i) the copy or communication is made on or from the institution’s premises; or (ii) the copy (being an electronic copy) or communication is made on a network operated or controlled by the institution; ( c ) the part of the work that is copied or communicated does not exceed — (i) if the edition has 500 pages or less — 5 pages; (ii) if the edition has more than 500 pages — 5% of the total number of pages in the edition; (iii) if the edition is an electronic edition and is not divided into pages — (A) 5% of the total number of bytes in the edition; and (B) 5% of the total number of words in the edition or, where it is not practicable to use the total number of words as a measure, 5% of the contents of the edition; and ( d ) in the 14 days before the day on which the work is copied or communicated, X does not (whether on X ’s own behalf or on behalf of another person) — (i) copy or communicate any part of the work; or (ii) cause any part of the work to be copied or communicated. (3) In this section, a reference to a literary or dramatic work includes a reference to an explanatory or illustrative artistic work accompanying the literary or dramatic work.


document_id: ca-2021
provision_ref: s198
chapter: PART 5 - PERMITTED USES OF
section: 198
title: Copying or communicating material for educational purposes of educational institutions
content:
198. —(1) If the conditions in subsection (2) are met and subject to section 199, it is a permitted use to — ( a ) make a copy of any of the following material: (i) an authorial work; (ii) a recording of a protected performance; or ( b ) communicate the material. (2) The conditions are — ( a ) the copy or communication is made by or on behalf of the body ( X ) administering an educational institution for the educational purposes of any educational institution; ( b ) in the case of an article in a periodical publication — (i) the copy or communication does not include 2 or more articles contained in the same periodical publication; or (ii) the copied or communicated articles relate to the same subject matter; ( c ) in the case of any other material that has been separately published — (i) not more than a reasonable portion of the material is copied or communicated; or (ii) before the material is copied or communicated, X (or a person acting on behalf of X ) — (A) makes a reasonable investigation; and (B) is satisfied that there is no new copy of the material that could be obtained within a reasonable time at an ordinary commercial price; ( d ) in the case of subsection (1)( a ) — the copy is notated according to section 301; and ( e ) as soon as practicable after the copy or communication is made, the prescribed record is made by or on behalf of X . (3) The record mentioned in subsection (2)( e ) may, if the copy or communication is exempt, state so. (4) X must pay equitable remuneration to the rights owner if — ( a ) the rights owner makes a written request within the prescribed time after the copy or communication is made; and ( b ) the copy or communication is — (i) not exempt; or (ii) not stated as exempt in the record made under subsection (2)( e ). (5) The amount of equitable remuneration is to be — ( a ) agreed between X and the rights owner; or ( b ) in default of agreement, decided by a Copyright Tribunal. (6) For the purposes of this section — ( a ) without limiting section 195, a copy or communication is taken to be made for the educational purposes of any educational institution if it is made in an electronic form on a network operated or controlled by the institution for the purpose of being accessed by persons undertaking a course of education provided by the institution or another educational institution; and ( b ) a copy or communication made for the educational purposes of an educational institution is exempt if — (i) the copy is made for distribution, or the communication is made, to persons undertaking a correspondence course or an external study course provided by the institution; (ii) the copy is not distributed, or the communication is not made, as part of the lecture notes prepared for the course; (iii) in the case of an authorial work other than an article in a periodical publication — only a reasonable portion of the work is copied or communicated; and (iv) in the case of a recording of a protected performance — only a reasonable portion of the recording is copied or communicated. (7) This section does not affect the right of the rights owner of an authorial work to grant a licence to, or the right of the rights owner of a protected performance to authorise, the body administering an educational institution — ( a ) to make, or cause to be made, copies of the work or recordings of the performance; or ( b ) to communicate, or cause to be communicated, the work or performance. (8) For the purposes of this section, an article in a periodical publication or a literary, dramatic or musical work is taken to include an explanatory or illustrative artistic work accompanying the article or the literary, dramatic or musical work.


document_id: ca-2021
provision_ref: s199
chapter: PART 5 - PERMITTED USES OF
section: 199
title: Suspension of section 198 for contravention of record keeping requirements
content:
199. —(1) Subject to this section, a Copyright Tribunal may make an order suspending the application of the whole of section 198 in relation to a body administering an educational institution. (2) A suspension order may only be made on an application by the Attorney‑General. (3) A suspension order against a body administering an educational institution may only be made if — ( a ) the body has been convicted of 2 or more record keeping offences; ( b ) the administrator of the institution has been convicted of 2 or more record keeping offences; or ( c ) the body and the administrator of the institution has each been convicted of one record keeping offence and the offences arise from separate transactions. (4) A suspension order may not be made against a body administering an educational institution if the Tribunal is satisfied that the body has taken all reasonable steps to ensure that no further record keeping offences will be committed in relation to copies made by or on behalf of the body. (5) The Tribunal may revoke a suspension order against a body administering an educational institution — ( a ) on the application of the body; and ( b ) if the Tribunal is satisfied that the body has taken all reasonable steps to ensure that no further record keeping offences will be committed in relation to copies made by or on behalf of the body. (6) In this section — “administrator”, in relation to an educational institution, means the person who is responsible for the day‑to‑day administration of the institution; “record keeping offence” means — ( a ) any prescribed offence relating to the keeping of records for the purposes of section 198(2)( e ); or ( b ) any offence mentioned in section 166(1) of the 1987 Act; “suspension order” means an order under subsection (1).


document_id: ca-2021
provision_ref: s200
chapter: PART 5 - PERMITTED USES OF
section: 200
title: Copying broadcasts or cable programmes for educational purposes
content:
200. —(1) If the conditions in subsection (2) are met, it is a permitted use to make a copy of a broadcast or cable programme. (2) The conditions are — ( a ) the copy is made by or on behalf of the body administering an educational institution; and ( b ) the copy is not used except for the purposes of a course of education at that institution. (3) A permitted use of a broadcast or cable programme under this section is also a permitted use of a work or protected performance included in the broadcast or programme.


document_id: ca-2021
provision_ref: s201
chapter: PART 5 - PERMITTED USES OF
section: 201
title: Copying for purposes of teaching or learning film making
content:
201. —(1) If the conditions in subsection (2) are met, it is a permitted use for a person ( X ) to do the following acts: ( a ) make a copy of — (i) a sound recording; (ii) a film; (iii) a broadcast; (iv) a cable programme; (v) a recording of a protected performance; ( b ) record a protected performance live. (2) The conditions are — ( a ) X is teaching, or learning from, another person how to make a film or a soundtrack of a film; ( b ) for that purpose, X makes a film or a soundtrack of a film; and ( c ) the act is done in the course of making that film or soundtrack.


document_id: ca-2021
provision_ref: s202
chapter: PART 5 - PERMITTED USES OF
section: 202
title: Things done for purposes of examination
content:
202. It is a permitted use of a work or protected performance to do anything for the purposes of an examination, including — ( a ) setting the questions; ( b ) communicating the questions to the candidates; and ( c ) answering the questions.


document_id: ca-2021
provision_ref: s203
chapter: PART 5 - PERMITTED USES OF
section: 203
title: Inclusion of authorial work in collections for use by educational institutions
content:
203. —(1) If the conditions in subsection (2) are met, it is a permitted use to include a short extract of an authorial work in a collection of authorial works. (2) The conditions are — ( a ) the work has been published; ( b ) the work was not published for the purpose of being used by educational institutions; ( c ) the collection is contained in a book, sound recording or film; ( d ) the collection is intended for use by educational institutions and this intention is described — (i) in the book; (ii) on the label or container of each copy of the recording; or (iii) in the film; ( e ) the work is sufficiently acknowledged; and ( f ) the collection and any similar recent collection do not contain, in total, more than one other extract from — (i) any other authorial work (being a copyright work) by the same author; or (ii) any adaptation of a literary, dramatic or musical work (being a copyright work) by the same author. (3) For the purposes of this section — ( a ) 2 authorial works (including adaptations) are taken to have the same author if the same person is — (i) the author or an author of both works; or (ii) the author of one work and an author of the other work; and ( b ) “similar recent collection” means a collection that is — (i) published by the same publisher that published the collection mentioned in subsection (1); (ii) published in the 5 years immediately before the publication of the collection mentioned in subsection (1); (iii) intended for use by educational institutions; and (iv) otherwise similar to the collection mentioned in subsection (1).


document_id: ca-2021
provision_ref: s204
chapter: PART 5 - PERMITTED USES OF
section: 204
title: Using material available on Internet for educational purposes
content:
204. —(1) If the conditions in subsection (2) are met, the following acts are permitted uses: ( a ) making a copy of a work or a recording of a protected performance; ( b ) communicating a work or a recording of a protected performance to the public; ( c ) making an adaptation of a literary, dramatic or musical work; ( d ) recording a protected performance live. (2) The conditions are — ( a ) the work, recording or performance was accessed by the person ( X ) using the Internet; ( b ) when X accessed the work, recording or performance, it was generally accessible by the public free of charge using the Internet; Illustrations ( a ) A work, recording or performance is not generally accessible to the public if it is accessible only for a limited period that cannot be renewed or extended (for example, under a one‑time trial subscription). ( b ) A work, recording or performance is not generally accessible to the public if it is accessible only by circumventing an access control measure in circumstances that constitute an infringement of Division 4 of Part 7 (protection of technological measures). ( c ) A work, recording or performance is not accessible free of charge if it is only accessible under a paid subscription, even if not all users of the subscription paid for it. ( c ) either — (i) X is a public officer or an officer of a public body, and the act is done for the purpose of developing or implementing a curriculum for an educational institution; or (ii) X is a student of or a member of the staff of an educational institution, and the act is done for the educational purposes of that institution; ( d ) X cites (or causes to be cited) the Internet source from which the work, recording or performance was accessed and the date on which the source was accessed; ( e ) X gives (or causes to be given) a sufficient acknowledgment of the work, recording or performance, if and to the extent that the necessary information is available from the Internet source; ( f ) in the case of subsection (1)( b ) — the communication is done on — (i) a network — (A) that is operated or controlled by an educational institution; and (B) to which access is limited to the students or staff of that institution; or (ii) a prescribed platform; and ( g ) if the work, recording or performance has been made available on the Internet in circumstances that constitute a rights infringement — (i) X does not know and is not notified of this fact when X does the acts mentioned in subsection (1); and (ii) if X is subsequently notified of this fact — (A) X stops doing any of the acts mentioned in subsection (1); and (B) insofar as the work or recording has been communicated to the public, X takes reasonable steps to prevent the public from further accessing the work, recording or performance. (3) Without limiting the expression “educational purposes” elsewhere in this Act, for the purposes of this section, the following are taken to be acts done for educational purposes: ( a ) collaborative research; ( b ) acts done for the purposes of teaching or study; ( c ) organising or participating in an exhibition or a competition (whether within an educational institution or at the national or international level).


document_id: ca-2021
provision_ref: s205
chapter: PART 5 - PERMITTED USES OF
section: 205
title: Performances by students or staff of educational institutions, etc.
content:
205. —(1) If the conditions in subsection (2) are met, it is a permitted use to perform a musical work in public. (2) The conditions are — ( a ) the work is performed for an audience by the students or staff of an educational institution (whether on the premises of the institution or elsewhere); and ( b ) the performance is in the course of the institution’s activities. (3) If the conditions in subsection (4) are met, it is a permitted use to perform a literary or dramatic work in public. (4) The conditions are — ( a ) the work is performed for an audience by the students or staff of an educational institution (whether on the premises of the institution or elsewhere); ( b ) the audience is limited to — (i) persons who teach or study at the institution; and (ii) persons directly connected with the institution; and ( c ) the performance is in the course of the institution’s activities. (5) If the conditions in subsection (6) are met, it is a permitted use to — ( a ) cause the visual images or sounds that are part of any of the following works to be seen or heard in public (or both): (i) a sound recording; (ii) a film; (iii) a television broadcast; (iv) a cable programme; or ( b ) cause a protected performance to be seen or heard (or both) live in public. (6) The conditions are — ( a ) the images or sounds are caused, by the students or staff of an educational institution, to be seen or heard by an audience (whether on the premises of the institution or elsewhere); ( b ) the audience is limited to — (i) persons who teach or study at the institution; and (ii) persons directly connected with the institution; and ( c ) the images are caused to be seen, or the sounds are caused to be heard, in the course of the institution’s activities. (7) For the purposes of this section — ( a ) a person is directly connected with an educational institution if he or she is a parent, a guardian, or a sibling of a student of the institution; and ( b ) the staff of an educational institution includes — (i) any adjunct staff of the institution; and (ii) any person engaged by the institution to conduct any course of instruction, activity or programme of or offered by the institution. Division 4 &#x2014; Persons with print disabilities


document_id: ca-2021
provision_ref: s206
chapter: PART 5 - PERMITTED USES OF
section: 206
title: Material to which this Division applies
content:
206. In this Division, “relevant material” — ( a ) means any of the following material: (i) a published literary work; (ii) a published dramatic work; (iii) a published artistic work; (iv) a published sound recording; (v) a sound broadcast; (vi) a published recording of a protected performance; but ( b ) does not include a sound recording, a sound broadcast or a recording of a protected performance that comprises only one or more of the following: (i) the performance of a musical work; (ii) a musical work in which words are sung; (iii) a musical work in which words are spoken incidentally to or in association with the music.


document_id: ca-2021
provision_ref: s207
chapter: PART 5 - PERMITTED USES OF
section: 207
title: Interpretation: what is an accessible format
content:
207. —(1) A format is an “accessible format” if it is — ( a ) any format that is accessible to persons with print disabilities, including — (i) a large print version; (ii) an electronic book; (iii) a sound recording; and (iv) the format known as Digital Accessible Information System (DAISY); or ( b ) any format that is specifically designed to meet the needs of persons with print disabilities, including — (i) a Braille version; and (ii) a photographic version. (2) For the purposes of subsection (1)( b )(ii), a thing is in photographic version if it is produced as a film‑strip, or a series of separate transparencies, designed to meet the needs of persons with print disabilities.


document_id: ca-2021
provision_ref: s208
chapter: PART 5 - PERMITTED USES OF
section: 208
title: Interpretation: what is an accessible format copy
content:
208. An “accessible format copy” means — ( a ) in relation to an authorial work — a copy (whether in an electronic or a physical form) of the work in an accessible format; ( b ) in relation to a sound recording — a copy (whether in an electronic or a physical form) of the recording in an accessible format; ( c ) in relation to a sound broadcast — a copy of the broadcast in an accessible format; and ( d ) in relation to a recording of a protected performance — a copy (whether in an electronic or a physical form) of the recording in an accessible format.


document_id: ca-2021
provision_ref: s209
chapter: PART 5 - PERMITTED USES OF
section: 209
title: Interpretation: what is a new copy of an accessible format copy
content:
209. In this Division, an accessible format copy is new if — ( a ) in the case of a physical copy — the copy is not secondhand; ( b ) in the case of a copy (being a sound recording or an electronic copy) that is embodied or stored in a record or other article — a copy that is embodied or stored in a record or other article that is not secondhand; or ( c ) in the case of a copy (being a sound recording or an electronic copy) that is not embodied or stored in a record or other article — a copy that is fit for use.


document_id: ca-2021
provision_ref: s210
chapter: PART 5 - PERMITTED USES OF
section: 210
title:
Interpretation: what does it mean to make an accessible format copy available to persons with print disabilities or a foreign institution

content:
210. For the purposes of this Division — ( a ) an accessible format copy is made available to a person with a print disability if the copy is made available — (i) to the person; (ii) on a network or otherwise; and (iii) in a way that the copy may be accessed by the person on demand; and ( b ) an accessible format copy is made available to a foreign institution aiding persons with print disabilities if the copy is made available — (i) to a person ( X ) responsible for the day‑to‑day administration of the institution, or a person ( Y ) authorised by X ; (ii) on a network or otherwise; and (iii) in a way that the copy may be accessed by X or Y on demand.


document_id: ca-2021
provision_ref: s211
chapter: PART 5 - PERMITTED USES OF
section: 211
title:
Making, distributing or making available accessible format copies for Singapore residents with print disabilities

content:
211. —(1) If the conditions in subsection (2) are met, it is a permitted use of any relevant material to — ( a ) make a copy of the material; ( b ) distribute a physical copy of the material; or ( c ) make available an electronic copy of the material. (2) The conditions are — ( a ) the copy is an accessible format copy; ( b ) the copy is made, distributed or made available by or on behalf of — (i) the body ( B ) administering an institution aiding persons with print disabilities; or (ii) an educational institution ( E ); ( c ) before the copy is made, distributed or made available, B or E (or a person acting on behalf of B or E ) — (i) makes a reasonable investigation; and (ii) is satisfied that there is no new copy of the material that — (A) has been separately published; (B) is in the same accessible format as the copy; and (C) could be obtained within a reasonable time at an ordinary commercial price; ( d ) the copy is not made, distributed or made available for profit; ( e ) the copy is made for, or distributed or made available to, a person with a print disability ( X ); ( f ) the copy is to be used by X for the purposes of research or study or for self‑instruction in any matter; ( g ) X is a Singapore resident; ( h ) if the copy is made, distributed or made available by or on behalf of E — X is a student of E ; ( i ) as soon as practicable after the copy is made, distributed or made available, the prescribed record is made by or on behalf of B or E ; ( j ) in the case of subsection (1)( a ) — the copy is notated according to section 301; and ( k ) any other condition that may be prescribed. (3) To avoid doubt, it does not matter whether the physical copy mentioned in subsection (1)( b ) or the electronic copy mentioned in subsection (1)( c ) is made before, on or after 21 November 2021.


document_id: ca-2021
provision_ref: s212
chapter: PART 5 - PERMITTED USES OF
section: 212
title:
Making or making available accessible format copies for foreign institutions or non‑resident persons with print disabilities

content:
212. —(1) If the conditions in subsection (2) are met, it is a permitted use of any relevant material to — ( a ) make a physical copy of the material; or ( b ) make available an electronic copy of the material. (2) The conditions are — ( a ) the copy is an accessible format copy; ( b ) the copy is made or made available by or on behalf of — (i) the body ( B ) administering an institution aiding persons with print disabilities; or (ii) an educational institution ( E ); ( c ) the copy is made for or made available to — (i) a foreign institution aiding persons with print disabilities ( F ); or (ii) a person with a print disability ( X ) who is not a Singapore resident; ( d ) the copy is not made or made available for profit; ( e ) in the case of subsection (1)( a ) — (i) the copy is made for export; and (ii) the copy is notated according to section 301; ( f ) as soon as practicable after the copy is made or made available, the prescribed record is made by or on behalf of B or E ; ( g ) B or E (or a person acting on behalf of B or E ) complies with any prescribed requirements for checking the identity and other particulars of F or X ; and ( h ) any other condition that may be prescribed. (3) To avoid doubt, it does not matter whether the electronic copy mentioned in subsection (1)( b ) is made before, on or after 21 November 2021.


document_id: ca-2021
provision_ref: s213
chapter: PART 5 - PERMITTED USES OF
section: 213
title: Receiving, importing or distributing accessible format copies from foreign institutions
content:
213. —(1) If the conditions in subsection (2) are met, it is a permitted use of any relevant material to — ( a ) make a temporary electronic copy of the material incidentally to the technical process of receiving an electronic copy of the material from a foreign institution ( F ) aiding persons with print disabilities; ( b ) import a physical copy of the material that originated from F ; or ( c ) distribute a physical copy of the material that originated from F to a Singapore resident, being a person with a print disability, on a non‑profit basis. (2) The conditions are — ( a ) the copy is an accessible format copy; ( b ) the copy is made, imported or distributed by or on behalf of — (i) the body ( B ) administering an institution aiding persons with print disabilities; or (ii) an educational institution ( E ); ( c ) the copy is requested by B or E from F ; ( d ) the copy is requested — (i) for a person with a print disability to use the copy for personal research or study or for self‑instruction in any matter; or (ii) for the purpose of distributing the copy on a non‑profit basis — (A) in the case of B — to a person with a print disability, so that the person can use the copy for the purposes of research or study or for self‑instruction in any matter; or (B) in the case of E — to a student of E (being a person with a print disability), so that the student can use the copy for the purposes of research or study or for self‑instruction in any matter; ( e ) before the copy is made, imported or distributed, B or E (or a person acting on behalf of B or E ) — (i) makes a reasonable investigation; and (ii) is satisfied that there is no new copy of the material that — (A) has been separately published; (B) is in the same accessible format as the copy; and (C) could be obtained within a reasonable time at an ordinary commercial price; ( f ) as soon as practicable after the copy is received, the prescribed record is made by or on behalf of B or E ; and ( g ) any other condition that may be prescribed. (3) To avoid doubt, it does not matter whether the physical copy mentioned in subsection (1)( b ) and ( c ) is made before, on or after 21 November 2021.


document_id: ca-2021
provision_ref: s214
chapter: PART 5 - PERMITTED USES OF
section: 214
title: Making of accessible format copy by person with print disability for personal use
content:
214. —(1) If the conditions in subsection (2) are met, it is a permitted use to make a copy of any relevant material. (2) The conditions are — ( a ) the copy is an accessible format copy; ( b ) the copy is made by — (i) a person with a print disability ( X ) who is a Singapore resident; or (ii) a person acting on X ’s behalf, but not — (A) the body administering an institution aiding persons with print disabilities; or (B) an educational institution of which X is a student; ( c ) the copy is to be used by X for the purposes of research or study or for self‑instruction in any matter; ( d ) before making the copy, X or the person acting on X ’s behalf — (i) makes a reasonable investigation; and (ii) is satisfied that there is no new copy of the material that — (A) has been separately published; (B) is in the same accessible format as the copy; and (C) could be obtained within a reasonable time at an ordinary commercial price; and ( e ) any other condition that may be prescribed is met.


document_id: ca-2021
provision_ref: s215
chapter: PART 5 - PERMITTED USES OF
section: 215
title: Copyright not to vest by virtue of making accessible format copy for persons with print disability
content:
215. —(1) This section applies where an accessible format copy of any relevant material is made — ( a ) by or on behalf of — (i) the body administering an institution aiding persons with print disabilities; or (ii) an educational institution; ( b ) on a non‑profit basis; and ( c ) to be used by a person with a print disability for the purposes of research or study or for self‑instruction in any matter. (2) Despite any other provision of this Act, copyright does not vest in the person who made the copy just because the person made the copy under the provisions of this Division.


document_id: ca-2021
provision_ref: s216
chapter: PART 5 - PERMITTED USES OF
section: 216
title: Rights owner’s right to license or authorise not affected
content:
216. This Division does not affect a rights owner’s right to grant a licence to or authorise (as the case may be) the body administering an institution aiding persons with print disabilities or an educational institution — ( a ) to make or cause to be made; ( b ) to make available or cause to be made available; or ( c ) to distribute or cause to be distributed, accessible format copies of any relevant material. Division 5 &#x2014; Persons with intellectual disabilities


document_id: ca-2021
provision_ref: s217
chapter: PART 5 - PERMITTED USES OF
section: 217
title: Copying by institution aiding persons with intellectual disabilities — authorial works
content:
217. —(1) If the conditions in subsection (2) are met, it is a permitted use to make a copy of an authorial work. (2) The conditions are — ( a ) the work has been published; ( b ) the copy is made by or on behalf of a body ( X ) administering an institution aiding persons with intellectual disabilities; ( c ) the copy is made for the sole purpose of aiding persons with intellectual disabilities (whether the aid is provided by the institution or not); ( d ) before the copy is made, X (or a person acting on behalf of X ) — (i) makes a reasonable investigation; and (ii) is satisfied that there is no new copy of the work that — (A) has been separately published; (B) is in a form that is suitable for aiding persons with intellectual disabilities; and (C) could be obtained within a reasonable time at an ordinary commercial price; ( e ) the copy is notated according to section 301; and ( f ) as soon as practicable after the copy is made, the prescribed record is made by or on behalf of X . (3) X must pay equitable remuneration to the copyright owner if the latter makes a written request within the prescribed time after the copy is made. (4) The amount of equitable remuneration is to be — ( a ) agreed between X and the copyright owner; or ( b ) in default of agreement, decided by a Copyright Tribunal. (5) In this section, “new copy” means a copy that is not secondhand.


document_id: ca-2021
provision_ref: s218
chapter: PART 5 - PERMITTED USES OF
section: 218
title:
Copying, etc., by institution aiding persons with intellectual disabilities — protected performances

content:
218. —(1) If the conditions in subsection (2) are met, it is a permitted use to — ( a ) make a copy of a recording of a protected performance; or ( b ) record a protected performance live. (2) The conditions are — ( a ) the copy or recording is made by or on behalf of a body administering an institution aiding persons with intellectual disabilities; and ( b ) the copy or recording is made for the sole purpose of aiding persons with intellectual disabilities (whether the aid is provided by the institution or not).


document_id: ca-2021
provision_ref: s219
chapter: PART 5 - PERMITTED USES OF
section: 219
title: Copyright not to vest by virtue of making copy for aiding persons with intellectual disabilities
content:
219. —(1) This section applies where a copy of an authorial work is made — ( a ) by or on behalf of a body administering an institution aiding persons with intellectual disabilities; and ( b ) for the sole purpose of aiding persons with intellectual disabilities (whether the aid is provided by the institution or not). (2) Despite any other provision of this Act, copyright does not vest in the person who made the copy just because the person made that copy under the provisions of this Division.


document_id: ca-2021
provision_ref: s220
chapter: PART 5 - PERMITTED USES OF
section: 220
title: Rights owner’s right to license or authorise not affected
content:
220. This Division does not affect — ( a ) the right of the owner of the copyright in an authorial work to grant a licence to the body administering an institution aiding persons with print disabilities to make, or cause to be made, copies of the work; or ( b ) the right of the rights owner of a protected performance to authorise the body administering an institution aiding persons with print disabilities to — (i) record, or cause to be recorded, the protected performance live; or (ii) make, or cause to be made, copies of recordings of the protected performance. Division 6 &#x2014; Public collections: galleries,
libraries, archives and museums


document_id: ca-2021
provision_ref: s221
chapter: PART 5 - PERMITTED USES OF
section: 221
title: Interpretation: what is an article in a periodical publication
content:
221. In this Division, “article”, in relation to a periodical publication, means anything (other than an artistic work) appearing in the publication.


document_id: ca-2021
provision_ref: s222
chapter: PART 5 - PERMITTED USES OF
section: 222
title: Public use and enjoyment — copying for public exhibitions
content:
222. —(1) If the conditions in subsection (2) are met, it is a permitted use to make a copy of any of the following material: ( a ) an authorial work; ( b ) a sound recording; ( c ) a film; ( d ) a recording of a protected performance. (2) The conditions are — ( a ) the material is part of a public collection; ( b ) the copy is made by or on behalf of the custodian of the public collection; ( c ) the copy is made for the purpose of an exhibition of the material that is held — (i) by or on behalf of the custodian of the public collection; and (ii) at any premises that are open to the public (whether for a fee or otherwise); ( d ) the copy is not used for any other purpose; and ( e ) before the copy is made, an authorised officer of the public collection — (i) makes a reasonable investigation; and (ii) declares that he or she is satisfied that a new copy of the material could not be obtained within a reasonable time at an ordinary commercial price.


document_id: ca-2021
provision_ref: s223
chapter: PART 5 - PERMITTED USES OF
section: 223
title: Public use and enjoyment — publicising public exhibitions
content:
223. —(1) If the conditions in subsection (2) are met, it is a permitted use to — ( a ) make a copy of any of the following material: (i) an authorial work; (ii) a sound recording; (iii) a film; (iv) a recording of a protected performance; or ( b ) communicate the material to the public. (2) The conditions are — ( a ) the material is part of a public collection; ( b ) the copy or communication is made by or on behalf of the custodian of the public collection; ( c ) the material is copied or communicated, and supplied to the public, for the purpose of publicising an exhibition of the material that is held — (i) by or on behalf of the custodian of the public collection; and (ii) at any premises that are open to the public (whether for a fee or otherwise); ( d ) the copy is not used for any other purpose and is not sold as merchandise; ( e ) the copy is not a reasonable substitute for the material; and ( f ) any fee charged for the copy (or any material that includes the copy) does not exceed the cost of making and supplying the copy (or any material that includes the copy) plus a reasonable contribution to the general expenses of the public collection. (3) For the purposes of subsection (2)( e ) — ( a ) relevant factors include the extent of copying and any difference in quality between the copy and the material that is copied; and ( b ) a copy of the whole or substantially the whole of a film or recording is taken to be a reasonable substitute of the film or recording. (4) For the purposes of this Act, the supply of copies of any material in circumstances to which this section applies — ( a ) is not to be treated as publishing the material (or any work or recording included in the material); and ( b ) must be ignored in determining the duration of any copyright in the material (or the included work).


document_id: ca-2021
provision_ref: s224
chapter: PART 5 - PERMITTED USES OF
section: 224
title: Public use and enjoyment — performing for public exhibitions
content:
224. —(1) If the conditions in subsection (2) are met, it is a permitted use to do any of the following acts: ( a ) perform a literary, dramatic or musical work in public; ( b ) cause the visual images of a film to be seen in public or any sounds of the film to be heard in public (or both). (2) The conditions are — ( a ) the work or film is part of a public collection; ( b ) the act is authorised by the custodian of the public collection; ( c ) the act is for the purpose of an exhibition of the work or film that is held — (i) by or on behalf of the custodian of the public collection; and (ii) at any premises that are open to the public (whether for a fee or otherwise); and ( d ) the act is not the sole or main purpose of the exhibition.


document_id: ca-2021
provision_ref: s225
chapter: PART 5 - PERMITTED USES OF
section: 225
title: Public use and enjoyment — making public collection available on internal network
content:
225. —(1) If the conditions in subsection (2) are met, it is a permitted use to make any of the following material available on a network: ( a ) an article in a periodical publication, if acquired in electronic form; ( b ) a published authorial work, if acquired in electronic form; ( c ) an unpublished artistic work that is — (i) in electronic form; or (ii) in 3 dimensions and represented in a visual image in electronic form; ( d ) a film; ( e ) a sound recording; ( f ) a recording of a protected performance; ( g ) without limiting paragraphs ( d ), ( e ) and ( f ), an authorial work, a film, a sound recording or a recording of a protected performance that is or is part of online material copied from a Singapore website — (i) by or on behalf of the National Library Board; and (ii) for the purpose of acquiring the material for the purposes of section 6( d ) of the National Library Board Act 1995. (2) The conditions are — ( a ) the material is part of a public collection; and ( b ) the network on which the material is made available may only be accessed — (i) within any premises where any part of the public collection is held; (ii) with the authority of the custodian of the public collection; and (iii) in a way that users of the public collection cannot, by using any equipment supplied by or on behalf of the custodian of the public collection — (A) make an electronic copy of the material; or (B) communicate the material. (3) For the purposes of this Act, making an unpublished artistic work available in circumstances to which this section applies — ( a ) is not to be treated as publishing the work (or any work or recording included in the material); and ( b ) must be ignored in determining the duration of any copyright in the work (or the included work). (4) In this section, “online material” and “Singapore website” have the meanings given by section 2 of the National Library Board Act 1995.


document_id: ca-2021
provision_ref: s226
chapter: PART 5 - PERMITTED USES OF
section: 226
title: Research or study — copying or communicating material for users of public collections
content:
226. —(1) If the conditions in subsection (2) are met, it is a permitted use to — ( a ) make a copy of any of the following material: (i) an authorial work; (ii) a recording of a protected performance; or ( b ) communicate the material. (2) The conditions are — ( a ) either — (i) the material has been published and is part of a public collection (other than a for‑profit library); or (ii) in the case of an authorial work, the work — (A) is an unpublished artistic work; (B) is part of a public collection (other than a for‑profit library); and (C) is, has been or will be exhibited at an exhibition held by or on behalf of the custodian of the public collection at any premises that are open to the public (whether for a fee or otherwise); ( b ) the copy or communication is made or caused to be made — (i) by an authorised officer ( X ) of the public collection; and (ii) on a written request by a person ( Y ) to an authorised officer of the public collection for a copy of the material to be supplied to Y ; ( c ) the request includes a signed declaration by Y stating that — (i) Y requires the copy for research or study and will not use it for any other purpose; and (ii) either — (A) no authorised officer of the public collection had previously supplied Y with a copy of the material (or any part of the material) requested by Y ; or (B) an authorised officer of the public collection had previously supplied Y with a copy of the material (or any part of the material) requested by Y , but that copy has been lost, destroyed or damaged; ( d ) either — (i) the declaration does not contain any material information that is false; or (ii) X does not know that the declaration contains material information that is false; ( e ) if the request is for copies of the whole or parts of 2 or more articles in the same periodical publication — the articles relate to the same subject matter; ( f ) if the request is for a copy of the whole of the material (other than an article in a periodical publication), or of a portion of the material that exceeds a reasonable portion — before the copy is made, an authorised officer of the public collection — (i) makes a reasonable investigation; and (ii) declares that he or she is satisfied that a new copy of the material could not be obtained within a reasonable time at an ordinary commercial price; ( g ) if the request is for an electronic copy — (i) before or when the electronic copy is communicated to Y , Y is given a notice stating — (A) that the electronic copy is made under this section; (B) that the work may be subject to copyright, or that the performance may be protected, under this Act; and (C) any prescribed matter; and (ii) as soon as practicable after the electronic copy is communicated to Y , the electronic copy made for the purpose of communication is destroyed; ( h ) in the case of subsection (1)( a ) — the copy is notated according to section 301; ( i ) the copy is not supplied to any person other than Y ; ( j ) any fee for making and supplying the copy to Y does not exceed the cost of making and supplying the copy plus a reasonable contribution to the general expenses of the public collection; and ( k ) no prescribed exception applies. (3) For the purposes of this Act, the supply of copies of any material in circumstances to which this section applies — ( a ) is not to be treated as publishing the material (or any work or recording included in the material); and ( b ) must be ignored in determining the duration of any copyright in the material (or the included work).


document_id: ca-2021
provision_ref: s227
chapter: PART 5 - PERMITTED USES OF
section: 227
title: Research or study — copying originals for use on premises of public collections
content:
227. —(1) If the conditions in subsection (2) are met, it is a permitted use to — ( a ) make a copy of any of the following material: (i) an authorial work; (ii) a sound recording; (iii) a film; (iv) a recording of a protected performance; or ( b ) communicate the material. (2) The conditions are — ( a ) a public collection has or used to have the original version or first copy (as the case may be) of the material; ( b ) the copy or communication is made by or on behalf of the custodian of the public collection; ( c ) the copy or communication is made for the purpose of carrying out research at any premises where any public collection is held; ( d ) the material (including any copies) is not supplied to any person for any other purpose; ( e ) before the copy is made, an authorised officer of the public collection — (i) makes a reasonable investigation; and (ii) declares that he or she is satisfied that a new copy of the material could not be obtained within a reasonable time at an ordinary commercial price; and ( f ) in the case of subsection (1)( a ) — the copy is notated according to section 301. (3) For the purposes of this Act, the supply of copies of any material in circumstances to which this section applies — ( a ) is not to be treated as publishing the material (or any work or recording included in the material); and ( b ) must be ignored in determining the duration of any copyright in the material (or the included work).


document_id: ca-2021
provision_ref: s228
chapter: PART 5 - PERMITTED USES OF
section: 228
title: Research or study — copying or communicating unpublished thesis in university library or archive
content:
228. —(1) If the conditions in subsection (2) are met, it is a permitted use to make a copy of, or communicate, a thesis or a similar literary work. (2) The conditions are — ( a ) the original version or a copy of the thesis or work is kept in a university library (including a similar institution) or an archive; ( b ) the thesis or work has not been published; ( c ) the copy or communication is made by or on behalf of the custodian of the library or archive; ( d ) the copy, thesis or work is communicated or otherwise supplied to a person who needs it for the purpose of research or study; and ( e ) an authorised officer of the library or archive is satisfied that the person needs the copy, thesis or work for that purpose. (3) For the purposes of this Act, the supply of copies of a literary work in circumstances to which this section applies — ( a ) is not to be treated as publishing the work; and ( b ) must be ignored in determining the duration of any copyright in the work. (4) In this section, a reference to a literary work includes a reference to an explanatory or illustrative artistic work accompanying the literary work.


document_id: ca-2021
provision_ref: s229
chapter: PART 5 - PERMITTED USES OF
section: 229
title:
Research, study or publication — copying or communicating unpublished old material in public collections

content:
229. —(1) If the conditions in subsection (2) are met, it is a permitted use to — ( a ) make a copy of any of the following material: (i) an authorial work; (ii) a sound recording; (iii) a film; (iv) a recording of a protected performance; or ( b ) communicate the material. (2) The conditions are — ( a ) the material is unpublished old material in a public collection; ( b ) the copy or communication is made for the purpose of research or study; ( c ) the copy or communication is made with a view to publishing the material; and ( d ) the copy or communication is made by an authorised officer of the public collection and supplied to a person, and the officer is satisfied that the person — (i) needs the copy or the material for research or study, or with a view to publication; and (ii) will not use it for any other purpose. (3) For the purposes of this Act, the supply of copies of any material in circumstances to which this section applies — ( a ) is not to be treated as publishing the material (or any work or recording included in the material); and ( b ) must be ignored in determining the duration of any copyright in the material (or the included work). (4) In this section and section 230, any material is “unpublished old material in a public collection” if — ( a ) the material has not been published; ( b ) the original version or a copy of the material — (i) is part of a public collection; and (ii) is, subject to any regulations governing that collection, open to public inspection; ( c ) where the material is an authorial work — (i) more than 75 years have passed — (A) since the work was made; or (B) if the work was made over a period — since the end of that period; and (ii) either — (A) the author of the work has died and more than 50 years have passed since the end of the year in which the author died; or (B) every author of the work has died and more than 50 years have passed since the end of the year in which the last author died; and ( d ) where the material is a film, a sound recording or a recording of a protected performance — (i) more than 50 years have passed since the film or recording was made; or (ii) if the film or recording was made over a period — more than 50 years have passed since the end of that period.


document_id: ca-2021
provision_ref: s230
chapter: PART 5 - PERMITTED USES OF
section: 230
title: Publication — publishing unpublished old authorial works in public collections
content:
230. —(1) It is a permitted use of an authorial work (called in this section the old work) to publish another authorial work (called in this section the new work) that includes the old work (or any part of the old work) if — ( a ) immediately before the new work is first published — (i) the old work is unpublished old material in a public collection; and (ii) the publisher of the new work does not know who owns the copyright in the old work; and ( b ) before the new work is first published, the prescribed notice of intended publication is given. (2) To avoid doubt, if — ( a ) the first publication of the new work only includes part of the old work; and ( b ) a later publication of the new work includes any other part of the old work that was not included in any earlier publication, then — ( c ) subsection (1) does not apply to the later publication just because it applies to the first publication; and ( d ) the later publication is to be treated as the first publication of the new work for the purposes of applying subsection (1). (3) Where an authorial work, being unpublished old material in a public collection, is published in circumstances to which subsection (1) applies, the publication is deemed to be authorised.


document_id: ca-2021
provision_ref: s231
chapter: PART 5 - PERMITTED USES OF
section: 231
title: Publication — communicating, performing, etc., authorial works published under section 230
content:
231. —(1) This section applies where, by virtue of section 230, the publication of an authorial work (or part of the authorial work) is a permitted use. (2) The following acts are also permitted uses if they are done after the publication: ( a ) broadcasting the work (or part of the work); ( b ) including the work (or part of the work) in a cable programme; ( c ) performing the work (or part of the work) in public; ( d ) making a record of the work (or part of the work).


document_id: ca-2021
provision_ref: s232
chapter: PART 5 - PERMITTED USES OF
section: 232
title: Preservation and replacement — copying material in public collections
content:
232. —(1) If the conditions in subsection (2) are met, it is a permitted use to make a copy of any of the following material: ( a ) an authorial work; ( b ) a sound recording; ( c ) a film; ( d ) a recording of a protected performance. (2) The conditions are — ( a ) the material was or is part of a public collection; ( b ) the copy is made by or on behalf of the custodian of the public collection; ( c ) the copy is — (i) made to preserve the material against loss, deterioration or damage; (ii) made in a different format from the format in which the material is embodied, to preserve the material against the obsolescence of the latter format; (iii) made to replace the material because of loss, deterioration or damage; or (iv) made for some other purpose; ( d ) if the copy is made under paragraph ( c )(i) or (ii) — the copy is not made accessible to the public, except to replace a copy of the material that was previously accessible to the public; ( e ) if the copy is made under paragraph ( c )(i), (ii) or (iii) — before the copy is made, an authorised officer of the public collection — (i) makes a reasonable investigation; and (ii) declares that he or she is satisfied that a new copy of the material (or, in the case of paragraph ( c )(ii), a new copy of the material in the different format) could not be obtained within a reasonable time at an ordinary commercial price; ( f ) if the copy is made under paragraph ( c )(iv) — the copy is the sole copy made under this section; and ( g ) the copy is notated according to section 301.


document_id: ca-2021
provision_ref: s233
chapter: PART 5 - PERMITTED USES OF
section: 233
title: Administration — copying or communicating material in public collections
content:
233. —(1) If the conditions in subsection (2) are met, it is a permitted use to — ( a ) make a copy of any of the following material: (i) an authorial work; (ii) a sound recording; (iii) a film; (iv) a recording of a protected performance; or ( b ) communicate the material. (2) The conditions are — ( a ) the material was or is part of a public collection; ( b ) the copy or communication is made by or on behalf of the custodian of the public collection; ( c ) the copy or communication is made for any of the following purposes: (i) internal record keeping; (ii) internal cataloguing; (iii) insurance; (iv) police investigations or other law enforcement actions; (v) security; (vi) any other administrative purpose; and ( d ) the copy is not used other than — (i) for the purposes mentioned in paragraph ( c ); or (ii) to create another copy of the material in circumstances to which any permitted use in this Division applies. (3) For the purposes of this Act, the supply of copies of any material in circumstances to which this section applies — ( a ) is not to be treated as publishing the material (or any work or recording included in the material); and ( b ) must be ignored in determining the duration of any copyright in the material (or the included work).


document_id: ca-2021
provision_ref: s234
chapter: PART 5 - PERMITTED USES OF
section: 234
title:
Supplying copies of published literary, dramatic or musical works or articles between libraries and archives

content:
234. —(1) This section applies if — ( a ) a copy is made of — (i) a published literary, dramatic or musical work; or (ii) an article in a periodical publication; ( b ) the copy is made or caused to be made — (i) by an authorised officer of library X ; and (ii) on a written request by or on behalf of an authorised officer of library Y (which may be within or outside Singapore); ( c ) the copy is requested for the purpose of — (i) including the copy in the collection of library Y , but not as a substitute for subscribing to or buying the work or periodical publication; or (ii) supplying the copy to a person who has requested the copy in accordance with section 226; ( d ) the copy is notated according to section 301; ( e ) the copy is supplied to the authorised officer of library Y and to no other person; ( f ) any fee for making and supplying the copy does not exceed the cost of making and supplying the copy plus a reasonable contribution to the general expenses of library X ; and ( g ) no prescribed exclusion applies. (2) Where this section applies — ( a ) no action may be brought against library X or any of its officers or employees for any infringement of copyright constituted by the making and supply of the copy; ( b ) the copy is deemed for all purposes of this Act to have been made by an authorised officer of library Y (and not library X ) for the purposes for which it is requested; and ( c ) the making of the copy by an authorised officer of library Y (as deemed by paragraph ( b )) is a permitted use if, as soon as practicable after the request in subsection (1)( b )(ii) is made, an authorised officer of library Y makes a declaration stating — (i) the particulars of the request, including the purpose for requesting the copy; (ii) if the copy is requested for inclusion in the collection of library Y and a similar copy has previously been made and supplied under this section — that the previous copy is lost, destroyed or damaged; and (iii) if the copy requested for is a copy of the whole of an authorial work (other than an article in a periodical publication) or a portion of the work that exceeds a reasonable portion — (A) that the copy is made and supplied as part of an inter‑library arrangement; and (B) that the arrangement does not have the effect or the purpose of enabling participating libraries to systematically copy and supply copies of authorial works, and thereby obtain copies of authorial works without having to subscribe to or buy the authorial works. (3) In this section — ( a ) “library” means a non‑profit library, and includes a non‑profit archive; and ( b ) a reference to a literary, dramatic or musical work (including an article in a periodical publication) includes a reference to an explanatory or illustrative artistic work accompanying the literary, dramatic or musical work (or the article).


document_id: ca-2021
provision_ref: s235
chapter: PART 5 - PERMITTED USES OF
section: 235
title: Protection of libraries and archives when infringing copies made on machines installed by them
content:
235. —(1) This section applies where — ( a ) a machine is installed by or with the approval of the custodian of a library — (i) on the premises of the library; or (ii) outside the premises of the library, but for the convenience of persons using the library; ( b ) a notice in the prescribed form and dimensions is placed on or near the machine, in a way that is readily visible to a person using the machine; and ( c ) either — (i) the machine — (A) is for making facsimile copies of documents (whether or not in the same size or form); and (B) is used to make an infringing copy of an authorial work or of a published edition of an authorial work; or (ii) the machine is used to make an infringing copy of — (A) a sound recording, film, broadcast or cable programme; or (B) a protected performance. (2) The custodian of the library is not taken to have authorised the making of the infringing copy just because the infringing copy is made on the machine. (3) In this section — “library” includes an archive; “machine” includes a computer.


document_id: ca-2021
provision_ref: s236
chapter: PART 5 - PERMITTED USES OF
section: 236
title: Copying online material for National Library Board collection
content:
236. —(1) If the conditions in subsection (2) are met, it is a permitted use to make a copy of any of the following material: ( a ) an authorial work; ( b ) a sound recording; ( c ) a film; ( d ) a recording of a protected performance. (2) The conditions are — ( a ) the material is or is part of online material; ( b ) the online material is available on a Singapore website; and ( c ) the copy is made — (i) by or on behalf of the National Library Board; and (ii) for the purpose of acquiring the online material for the purposes of section 6( d ) of the National Library Board Act 1995. (3) In this section, “online material” and “Singapore website” have the meanings given by section 2 of the National Library Board Act 1995. Division 7 &#x2014; Use of computer programs


document_id: ca-2021
provision_ref: s237
chapter: PART 5 - PERMITTED USES OF
section: 237
title: Making back‑up copy of computer program
content:
237. —(1) If the conditions in subsection (2) are met, it is a permitted use to make a copy of a computer program. (2) The conditions are — ( a ) the copy is not made from an infringing copy of the program; and ( b ) the copy is made — (i) by or on behalf of the owner of the copy of the program from which the copy is made; and (ii) only for the purpose of being used by or on behalf of the owner if that copy is lost, destroyed or cannot be used. (3) In this section, a reference to a copy of a computer program is a reference to any article in which the computer program is reproduced in a material form.


document_id: ca-2021
provision_ref: s238
chapter: PART 5 - PERMITTED USES OF
section: 238
title: Copying electronic compilation or computer program when essential for use
content:
238. —(1) If the conditions in subsection (2) are met, it is a permitted use for a person ( X ) to make, or authorise the making of, a copy or an adaptation of — ( a ) a compilation in an electronic form; or ( b ) a computer program. (2) The conditions are — ( a ) the copy or adaptation is made from a copy of the compilation or program that is owned by X ; ( b ) creating the copy or adaptation is an essential step in using the compilation or program with a machine; and ( c ) the copy or adaptation is not used in any other way. (3) In this section — ( a ) a reference to a copy of a compilation or computer program is a reference to any article in which the compilation or program is reproduced in a material form; and ( b ) a reference to an adaptation of a compilation or computer program is a reference to any article in which the adaptation is reproduced in a material form.


document_id: ca-2021
provision_ref: s239
chapter: PART 5 - PERMITTED USES OF
section: 239
title: Decompilation of computer program by lawful user
content:
239. —(1) If the conditions in subsection (2) are met, it is a permitted use for a person ( X ) to decompile a computer program. (2) The conditions are — ( a ) the program is expressed in a low‑level language; ( b ) X is a lawful user of the program; ( c ) the decompiling is necessary to obtain the information needed for the purpose of creating an independent computer program that can be operated with the decompiled program or another computer program; ( d ) the information needed for that purpose is not otherwise readily available to X ; ( e ) X confines the decompiling to acts that are needed for that purpose; ( f ) X does not use the information obtained from decompiling for anything other than that purpose; ( g ) X does not supply the information obtained from decompiling to any person unless it is necessary for that purpose; ( h ) X does not use the information obtained from decompiling to create a computer program that is substantially similar in its expression to the decompiled program; and ( i ) X does not use the information obtained from decompiling to do any act that is an infringement of copyright. (3) In this section, “decompiling”, in relation to a computer program expressed in a low‑level language, means — ( a ) converting the computer program into a version expressed in a higher level language; or ( b ) copying the computer program incidentally in the course of paragraph ( a ), and “decompile” has a corresponding meaning.


document_id: ca-2021
provision_ref: s240
chapter: PART 5 - PERMITTED USES OF
section: 240
title: Observing, studying and testing of computer program by lawful user
content:
240. —(1) If the conditions in subsection (2) are met, it is a permitted use for a person ( X ) to observe, study or test the functioning of a computer program. (2) The conditions are — ( a ) X is a lawful user of the program; and ( b ) the observing, studying or testing is done — (i) to determine the ideas and principles that underlie any element of the program; and (ii) while X is performing any act of loading, displaying, running, transmitting or storing the program that X is entitled to do.


document_id: ca-2021
provision_ref: s241
chapter: PART 5 - PERMITTED USES OF
section: 241
title: Copying or adapting of computer program by lawful user
content:
241. —(1) If the conditions in subsection (2) are met, it is a permitted use for a person ( X ) to make a copy or an adaptation of a computer program. (2) The conditions are — ( a ) X is a lawful user of the program; ( b ) making the copy or adaptation is necessary for X ’s lawful use; and ( c ) making the copying or adaptation is not a permitted use under section 237, 238 or 239. (3) To avoid doubt, it may be necessary for the lawful use of a computer program to make a copy or an adaptation of the program to correct errors in the program.


document_id: ca-2021
provision_ref: s242
chapter: PART 5 - PERMITTED USES OF
section: 242
title: Interpretation: who is a lawful user
content:
242. In this Division, a person is a “lawful user” of a computer program if the person has a right to use the program (whether under a licence to do any act comprised in the copyright in the program or otherwise). Division 8 &#x2014; Computational data analysis


document_id: ca-2021
provision_ref: s243
chapter: PART 5 - PERMITTED USES OF
section: 243
title: Interpretation: what is computational data analysis
content:
243. In this Division, “computational data analysis”, in relation to a work or a recording of a protected performance, includes — ( a ) using a computer program to identify, extract and analyse information or data from the work or recording; and ( b ) using the work or recording as an example of a type of information or data to improve the functioning of a computer program in relation to that type of information or data. Illustration An example of computational data analysis under paragraph ( b ) is the use of images to train a computer program to recognise images.


document_id: ca-2021
provision_ref: s244
chapter: PART 5 - PERMITTED USES OF
section: 244
title: Copying or communicating for computational data analysis
content:
244. —(1) If the conditions in subsection (2) are met, it is a permitted use for a person ( X ) to make a copy of any of the following material: ( a ) a work; ( b ) a recording of a protected performance. (2) The conditions are — ( a ) the copy is made for the purpose of — (i) computational data analysis; or (ii) preparing the work or recording for computational data analysis; ( b ) X does not use the copy for any other purpose; ( c ) X does not supply (whether by communication or otherwise) the copy to any person other than for the purpose of — (i) verifying the results of the computational data analysis carried out by X ; or (ii) collaborative research or study relating to the purpose of the computational data analysis carried out by X ; ( d ) X has lawful access to the material (called in this section the first copy) from which the copy is made; and Illustrations ( a ) X does not have lawful access to the first copy if X accessed the first copy by circumventing paywalls. ( b ) X does not have lawful access to the first copy if X accessed the first copy in breach of the terms of use of a database (ignoring any terms that are void by virtue of section 187). ( e ) one of the following conditions is met: (i) the first copy is not an infringing copy; (ii) the first copy is an infringing copy but — (A) X does not know this; and (B) if the first copy is obtained from a flagrantly infringing online location (whether or not the location is subject to an access disabling order under section 325) — X does not know and could not reasonably have known that; (iii) the first copy is an infringing copy but — (A) the use of infringing copies is necessary for a prescribed purpose; and (B) X does not use the copy to carry out computational data analysis for any other purpose. (3) To avoid doubt, a reference in subsection (1) to making a copy includes a reference to storing or retaining the copy. (4) It is a permitted use for X to communicate a work or a recording of a protected performance to the public if — ( a ) the communication is made using a copy made in circumstances to which subsection (1) applies; and ( b ) X does not supply (whether by communication or otherwise) the copy to any person other than for the purpose of — (i) verifying the results of the computational data analysis carried out by X ; or (ii) collaborative research or study relating to the purpose of the computational data analysis carried out by X . (5) For the purposes of this Act, the supply of copies of any material in circumstances to which this section applies — ( a ) is not to be treated as publishing the material (or any work or recording included in the material); and ( b ) must be ignored in determining the duration of any copyright in the material (or the included work). Division 9 &#x2014; Communication of sound recordings and
recordings of protected performances


document_id: ca-2021
provision_ref: s245
chapter: PART 5 - PERMITTED USES OF
section: 245
title: Interpretation: what is an interactive service
content:
245. In this Division, “interactive service” — ( a ) means a service that enables an individual to receive — (i) a transmission of a programme specially created for that individual; or (ii) on request, a transmission (whether or not as part of a programme) of a particular sound recording or a particular recording of a protected performance that is selected by or on behalf of that individual; ( b ) includes a service — (i) that enables an individual to request that a particular sound recording or a particular recording of a protected performance be performed for reception — (A) by the public at large; or (B) in the case of a subscription service — by all subscribers of that service; and (ii) where the programming on each channel of the service consists substantially of sound recordings or recordings of protected performances that are performed either within an hour of the request or at a time designated by that individual; but ( c ) does not include a service to which paragraph ( b )(i) applies but not paragraph ( b )(ii).


document_id: ca-2021
provision_ref: s246
chapter: PART 5 - PERMITTED USES OF
section: 246
title: Communication by analogue broadcast
content:
246. —(1) If the conditions in subsection (2) are met, it is a permitted use for a person ( X ) to communicate — ( a ) a sound recording; or ( b ) a recording of a protected performance. (2) The conditions are — ( a ) the communication is by means of an analogue broadcast; and ( b ) the recording — (i) is not commercially published; or (ii) is commercially published and X pays to the rights owner equitable remuneration of an amount — (A) agreed between them; or (B) in default of agreement, decided by a Copyright Tribunal.


document_id: ca-2021
provision_ref: s247
chapter: PART 5 - PERMITTED USES OF
section: 247
title: Communication by non‑interactive digital broadcast
content:
247. —(1) If the conditions in subsection (2) are met, it is a permitted use for a person ( X ) to communicate — ( a ) a sound recording; or ( b ) a recording of a protected performance. (2) The conditions are — ( a ) the communication is by means of a digital broadcast that — (i) is not part of an interactive service; and (ii) is available to the public free of charge; and ( b ) the recording — (i) is not commercially published; or (ii) is commercially published and X pays to the rights owner equitable remuneration of an amount — (A) agreed between them; or (B) in default of agreement, decided by a Copyright Tribunal. (3) If the conditions in subsection (4) are met, it is a permitted use for a person ( X ) to communicate — ( a ) a sound recording; or ( b ) a recording of a protected performance. (4) The conditions are — ( a ) the communication is by means of a digital broadcast that — (i) is not part of an interactive service; and (ii) is not available to the public free of charge; and ( b ) X pays to the rights owner equitable remuneration of an amount — (i) agreed between them; or (ii) in default of agreement, decided by a Copyright Tribunal.


document_id: ca-2021
provision_ref: s248
chapter: PART 5 - PERMITTED USES OF
section: 248
title: Communication by other analogue or non‑interactive digital transmission
content:
248. —(1) If the conditions in subsection (2) are met, it is a permitted use for a person ( X ) to communicate — ( a ) a sound recording; or ( b ) a recording of a protected performance. (2) The conditions are — ( a ) the communication is an analogue transmission (but not an analogue broadcast); or ( b ) the communication is a digital transmission (but not a digital broadcast) that is not part of an interactive service, and X pays to the rights owner equitable remuneration of an amount — (i) agreed between them; or (ii) in default of agreement, decided by a Copyright Tribunal. Division 10 &#x2014; Films


document_id: ca-2021
provision_ref: s249
chapter: PART 5 - PERMITTED USES OF
section: 249
title: Films depicting historical events
content:
249. —(1) This section applies where — ( a ) the visual images of a film consist wholly or mainly of images that, when they were first embodied in an article or a thing, were means of communicating news; and ( b ) 50 years have passed since the end of the year during which the main events depicted in the film occurred. (2) It is a permitted use to — ( a ) cause the visual images of the film to be seen in public; ( b ) cause any sounds of the film to be heard in public; or ( c ) do both of those acts.


document_id: ca-2021
provision_ref: s250
chapter: PART 5 - PERMITTED USES OF
section: 250
title: Using record of sounds in films
content:
250. —(1) This section applies where — ( a ) the sounds embodied in the soundtrack of a film are also embodied in a record; and ( b ) the record is not the soundtrack or derived, directly or indirectly, from the soundtrack. (2) Any use of the record is a permitted use of the film. Division 11 &#x2014; Broadcasting, cable programmes
and simulcasting


document_id: ca-2021
provision_ref: s251
chapter: PART 5 - PERMITTED USES OF
section: 251
title: Making sound recordings or films of literary, dramatic and musical works for broadcasting
content:
251. —(1) If the conditions in subsection (2) are met, it is a permitted use for a person ( X ) to make a copy of a literary, dramatic or musical work. (2) The conditions are — ( a ) the copy is a sound recording or film of the work; ( b ) the copy is made for the sole purpose of broadcasting the work; ( c ) X would not infringe the copyright in the work by broadcasting the work; ( d ) the copy is used only — (i) for the purpose of broadcasting the work in circumstances that do not constitute an infringement of the copyright in the work; or (ii) to make more copies for that purpose; ( e ) if X is not the person broadcasting the work — (i) X pays the copyright owner an amount agreed between them for the making of the copy; or (ii) X undertakes in writing to pay the copyright owner the amount that a Copyright Tribunal decides is equitable remuneration for the making of the copy; and ( f ) within the prescribed time, every copy made under this section is — (i) delivered to the National Archives with the consent of the Director of National Archives; or (ii) destroyed.


document_id: ca-2021
provision_ref: s252
chapter: PART 5 - PERMITTED USES OF
section: 252
title: Making films of artistic works for television broadcasting or cable programmes
content:
252. —(1) If the conditions in subsection (2) are met, it is a permitted use for a person ( X ) to make a film of an artistic work. (2) The conditions are — ( a ) the film is made for the sole purpose of including the work in a television broadcast or cable programme; ( b ) X would not infringe the copyright in the work by including it in a television broadcast or cable programme; ( c ) the first copy of the film is used only — (i) for the purpose of including the work in a television broadcast or cable programme in circumstances that do not infringe the copyright in the work; or (ii) to make further copies for that purpose; ( d ) if X is not the maker of the television broadcast or cable programme — (i) X pays to the copyright owner an amount agreed between them for the making of the film; or (ii) X undertakes in writing to pay the copyright owner the amount that a Copyright Tribunal decides is equitable remuneration for the making of the film; and ( e ) within the prescribed time, every copy of the film made under this section is — (i) delivered to the National Archives with the consent of the Director of National Archives; or (ii) destroyed.


document_id: ca-2021
provision_ref: s253
chapter: PART 5 - PERMITTED USES OF
section: 253
title: Copying sound recordings or recordings of performances for broadcasting
content:
253. —(1) If the conditions in subsection (2) are met, it is a permitted use for a person ( X ) to — ( a ) make a copy of — (i) a sound recording; or (ii) a recording of a protected performance; or ( b ) record a protected performance live. (2) The conditions are — ( a ) the copy or recording is made for the sole purpose of broadcasting the recording; ( b ) the copy or recording is used only — (i) for the purpose of broadcasting the copy or recording in circumstances that do not constitute a rights infringement in relation to the sound recording or protected performance; or (ii) to make further copies for that purpose; ( c ) if X is not the person broadcasting the recording — (i) X pays to the rights owner an amount agreed between them for the making of the copy or recording; or (ii) X undertakes in writing to pay the rights owner the amount that a Copyright Tribunal decides is equitable remuneration for the making of the copy or recording; and ( d ) within the prescribed time, every copy or recording made under this section is — (i) delivered to the National Archives with the consent of the Director of National Archives; or (ii) destroyed.


document_id: ca-2021
provision_ref: s254
chapter: PART 5 - PERMITTED USES OF
section: 254
title: Checking whether broadcast of sound recording or recording of performance is lawful
content:
254. —(1) This section applies where a sound recording, a protected performance or a recording of a protected performance is intended for broadcast or is broadcast. (2) The following acts are permitted uses if they are done for the purpose of checking whether the broadcast or intended broadcast complies with any written law administered by a statutory authority: ( a ) making a copy of the sound recording or recording of the protected performance for the authority; ( b ) supplying the sound recording or recording of the protected performance to the authority; ( c ) any use of the sound recording or recording of the protected performance by the authority or any of its authorised officers; ( d ) recording the protected performance live.


document_id: ca-2021
provision_ref: s255
chapter: PART 5 - PERMITTED USES OF
section: 255
title: Making sound recordings or films of literary, dramatic or musical works for simulcasting
content:
255. —(1) If the conditions in subsection (2) are met, it is a permitted use for a person to make a copy of a literary, dramatic or musical work. (2) The conditions are — ( a ) the copy is a sound recording or film of the work; ( b ) broadcasting the work would not infringe the copyright in the work; ( c ) the copy is made for the sole purpose of simulcasting the work in digital form; ( d ) the copy is used only — (i) for the purpose of simulcasting the work in circumstances that do not constitute an infringement of the copyright in the work; or (ii) to make more copies for that purpose; and ( e ) every copy made under this section is destroyed within the prescribed time. (3) In this section and section 256, “simulcasting” means simultaneously broadcasting in both analogue form and digital form.


document_id: ca-2021
provision_ref: s256
chapter: PART 5 - PERMITTED USES OF
section: 256
title: Copying sound recordings, recordings of performances, or films for simulcasting
content:
256. —(1) If the conditions in subsection (2) are met, it is a permitted use to make a copy of any of the following material: ( a ) a sound recording; ( b ) a film; ( c ) a recording of a protected performance. (2) The conditions are — ( a ) broadcasting the material would not be a rights infringement in relation to the material; ( b ) the copy is made for the sole purpose of simulcasting the material in digital form; ( c ) the copy is used only — (i) for the purpose of simulcasting the material in circumstances that do not constitute a rights infringement in relation to the material; or (ii) to make further copies for that purpose; and ( d ) every copy of the material made under this section is destroyed within the prescribed time.


document_id: ca-2021
provision_ref: s257
chapter: PART 5 - PERMITTED USES OF
section: 257
title: Reception of broadcasts or cable programmes
content:
257. —(1) It is a permitted use of a literary, dramatic or musical work for a person to — ( a ) receive a broadcast or a cable programme; and ( b ) thereby cause the work to be seen or heard (or both) in public. (2) It is a permitted use of a sound recording or a recording of a protected performance for a person to — ( a ) receive a broadcast or a cable programme; and ( b ) thereby cause the recording to be heard in public.


document_id: ca-2021
provision_ref: s258
chapter: PART 5 - PERMITTED USES OF
section: 258
title: Deemed copyright licences when receiving or transmitting broadcasts or cable programmes
content:
258. —(1) A person is deemed to have the licence of the copyright owner of a film to — ( a ) cause the visual images of the film to be seen in public or any sounds of the film to be heard in public (or both) by receiving a television broadcast or cable programme; and ( b ) cause the film to be included in a programme in a cable programme service by receiving and immediately re‑transmitting a Singapore broadcast. (2) A person is deemed to have the licence of the copyright owner of a sound recording to — ( a ) cause the recording to be heard in public by receiving a broadcast or cable programme; and ( b ) cause the recording to be included in a programme in a cable programme service by receiving and immediately re‑transmitting a Singapore broadcast. (3) A person is deemed to have the licence of the copyright owner of an authorial work (or of an adaptation of the work) to cause the work (or the adaptation) to be included in a programme in a cable programme service by receiving and immediately re‑transmitting a Singapore broadcast. (4) To avoid doubt, subsections (1)( b ), (2)( b ) and (3) do not extend to making the film, recording, work or adaptation available on a network. (5) If the broadcast or cable programme mentioned in subsection (1), (2) or (3) is not made by or with the licence of the relevant copyright owner — ( a ) this does not prevent any of those provisions from applying; but ( b ) the acts that are licensed by those provisions must be taken into account in assessing damages for any infringement of the copyright by the maker of the broadcast or programme. (6) In this section, “Singapore broadcast” means a broadcast made from a place in Singapore by the holder of a broadcasting licence. Division 12 &#x2014; Making musical records


document_id: ca-2021
provision_ref: s259
chapter: PART 5 - PERMITTED USES OF
section: 259
title: Interpretation and scope of this Division
content:
259. —(1) In this Division — “musical work” means a musical work in its original form or an adaptation of the work; “owner”, in relation to the copyright in a literary, dramatic or musical work, means, unless the contrary intention appears, the person who is entitled to authorise the making in, and the importation into, Singapore of records of the works; “record”, in relation to a musical work, excludes a soundtrack of a film; “sale by retail” or “retail sale”, in relation to a record, does not include — ( a ) sale for a consideration that does not consist wholly of money; or ( b ) sale by a person who does not ordinarily carry on the business of making or selling records. (2) For the purposes of this Division, where a musical work is comprised partly in one record and partly in another record or other records, all the records are treated as a single record. (3) Subject to section 260(4), this Division applies in relation to a record of a part of a musical work as it applies in relation to a record of the whole of the work.


document_id: ca-2021
provision_ref: s260
chapter: PART 5 - PERMITTED USES OF
section: 260
title: Conditions for making musical records
content:
260. —(1) Subject to subsections (3) and (4), it is a permitted use for a person ( X ) to make a record of a musical work (or of an adaptation of the work) if — ( a ) the record is made in Singapore; ( b ) other records of the work (or of a similar adaptation of the work) have previously been made in Singapore, or imported into Singapore, for retail sale or for making further records for retail sale; ( c ) those other records were made or imported by or with the licence of the copyright owner; ( d ) before making the record, X gives the prescribed notice to the copyright owner; ( e ) X intends to — (i) sell the record by retail; (ii) supply the record to another person for it to be sold by retail; or (iii) use the record to make other records to be sold by retail or supplied to other persons to be sold by retail; and ( f ) in the case of paragraph ( e )(i) or (ii), X pays to the copyright owner the prescribed royalty in the prescribed manner and within the prescribed time. (2) Subsection (1)( b ) and ( c ) is deemed to be satisfied if X , or any person that makes an agreement with X to make and supply the record — ( a ) makes the prescribed inquiries; and ( b ) receives no answer within the prescribed time. (3) Subsection (1) does not apply to making a record of an adaptation of a musical work if the adaptation debases the work. (4) Subsection (1) does not apply in relation to — ( a ) a record of the whole of a musical work unless the previous records mentioned in subsection (1)( b ) are records of the whole of the work; and ( b ) a record of a part of a musical work unless the previous records mentioned in subsection (1)( b ) are records of, or include, that part of the work.


document_id: ca-2021
provision_ref: s261
chapter: PART 5 - PERMITTED USES OF
section: 261
title: Conditions for including literary or dramatic work in musical records
content:
261. —(1) This section applies where — ( a ) a person ( X ) makes a record of a performance of a musical work; and ( b ) in the recorded performance, some or all of the words of a literary or dramatic work are sung, or spoken, incidentally to or in association with the music. (2) The making of the record is a permitted use of the literary or dramatic work if — ( a ) the record is made in Singapore; ( b ) either — (i) the making of the record is a permitted use of the musical work under section 260; or (ii) copyright does not subsist in the musical work; ( c ) records of the musical work have previously been made in Singapore, or imported into Singapore, for retail sale or for making other records for retail sale; ( d ) those records were made or imported by or with the licence of the owner of the copyright in the literary or dramatic work; ( e ) in those records, the words mentioned in subsection (1) or substantially similar words are sung, or spoken, incidentally to or in association with the music; ( f ) before making the record, X gives the prescribed notice to the owner of the copyright in the literary or dramatic work; and ( g ) X pays to the owner of the copyright in the literary or dramatic work the prescribed royalty in the prescribed manner and within the prescribed time. (3) Subsection (2)( c ) and ( d ) is deemed to be satisfied if X or the person selling the record — ( a ) makes the prescribed inquiries; and ( b ) receives no answer within the prescribed time.


document_id: ca-2021
provision_ref: s262
chapter: PART 5 - PERMITTED USES OF
section: 262
title: Regulations and inquiry on amount of royalties
content:
262. —(1) The Minister may make regulations to prescribe the royalty payable to a copyright owner under this Division, including any minimum royalty and any circumstances in which no royalty or no further royalty needs to be paid or apportioned. (2) The Minister may request a Copyright Tribunal to inquire into and report on whether the royalty prescribed under subsection (1) is equitable (whether generally or for a class of records). (3) Where a report is made under subsection (2) in respect of a class of records (whether or not the report is confined to those records), the Minister may not request another inquiry in respect of that class of records within 5 years after the report is made. (4) To avoid doubt, the power to make regulations under subsection (1) does not depend on and is not limited by subsections (2) and (3). (5) In this section, “Minister” means the Minister charged with the responsibility for trade and industry.


document_id: ca-2021
provision_ref: s263
chapter: PART 5 - PERMITTED USES OF
section: 263
title: Regulations on other matters
content:
263. The Minister may prescribe any matter for the purpose of this Division (other than matters that may be prescribed under section 262), including — ( a ) the manner in which, and the time within which, the royalty for a record must be paid; ( b ) requiring the royalty (or any part of the royalty) for a record is to be paid before the record is sold or supplied by the person making the record; ( c ) providing that the royalty for a record is deemed to be paid — (i) by doing a specified act that the Minister considers convenient for ensuring that the copyright owner receives the royalty; or (ii) if the copyright owner cannot be found by reasonable inquiry — by doing a specified act that the Minister considers reasonable; and ( d ) any other circumstances in which the royalty is deemed to be paid.


document_id: ca-2021
provision_ref: s264
chapter: PART 5 - PERMITTED USES OF
section: 264
title: Modifications relating to records made before 10 April 1987
content:
264. —(1) This section applies to a record made before 10 April 1987 of a musical work. (2) If the record is made by (or with the consent or acquiescence of) the owner of the copyright in the work under the 1911 Act, the record is deemed, for the purposes of this Division — ( a ) to have been made in Singapore for the purpose of retail sale; and ( b ) to have been so made by or with the licence of the person who is entitled under this Act to authorise the making in Singapore of records of the work. (3) The following written laws as in force immediately before 10 April 1987 continue to apply in relation to the record: ( a ) section 19(2) to (7) of the 1911 Act; ( b ) subject to that section, any regulations made for the purposes of that section. Division 13 &#x2014; Artistic works


document_id: ca-2021
provision_ref: s265
chapter: PART 5 - PERMITTED USES OF
section: 265
title: Buildings and certain artistic works in public places
content:
265. —(1) This section applies to the following artistic works: ( a ) a building or a model of a building; ( b ) a sculpture located (other than temporarily) in a public place or in premises open to the public; ( c ) a work under paragraph ( a )(iii) of the definition of “artistic work” in section 20(1), but only if it is located (other than temporarily) in a public place or in premises open to the public. (2) The following are permitted uses of the work: ( a ) making a painting, a drawing, an engraving or a photograph of the work; ( b ) publishing a painting, a drawing, an engraving or a photograph of the work, but only if — (i) the painting, drawing, engraving or photograph is made on or after 10 April 1987; or (ii) the painting, drawing, engraving or photograph was made before 10 April 1987 and the making would have been a permitted use under paragraph ( a ) if this Act had been in operation at the time of the making; ( c ) including the work in a film; ( d ) publishing a film that includes the work, but only if — (i) the film is made on or after 10 April 1987; or (ii) the film was made before 10 April 1987 and the making would have been a permitted use under paragraph ( c ) if this Act had been in operation at the time of the making; ( e ) including the work in a television broadcast or cable programme.


document_id: ca-2021
provision_ref: s266
chapter: PART 5 - PERMITTED USES OF
section: 266
title: Incidental inclusion in film, television broadcast or cable programme
content:
266. —(1) If the condition in subsection (2) is met, it is a permitted use of an artistic work to — ( a ) include the work in a film, television broadcast or cable programme; or ( b ) publish a film that includes the work, but only if the film is made on or after 10 April 1987. (2) The inclusion must be only incidental to the main content of the film, broadcast or programme.


document_id: ca-2021
provision_ref: s267
chapter: PART 5 - PERMITTED USES OF
section: 267
title: Copying artistic work in different dimensions
content:
267. —(1) If the condition in subsection (2) is met, it is a permitted use of an artistic work to — ( a ) if the work is 2‑dimensional — make a 3‑dimensional object of any kind; and ( b ) if the work is 3‑dimensional — make a 2‑dimensional object of any kind. (2) The object must not appear, to persons who are not experts in objects of that kind, to be a copy of the work.


document_id: ca-2021
provision_ref: s268
chapter: PART 5 - PERMITTED USES OF
section: 268
title: Copying part of artistic work in later artistic work
content:
268. —(1) It is a permitted use of an artistic work to make a later artistic work if — ( a ) both works are made by the same author; and ( b ) the later work does not repeat or imitate the main design of the earlier work. (2) Subsection (1) applies even if — ( a ) part of the earlier work is reproduced in the later work; and ( b ) in making the later work, the author uses a mould, cast, sketch, plan, model or study made for the purposes of the earlier work.


document_id: ca-2021
provision_ref: s269
chapter: PART 5 - PERMITTED USES OF
section: 269
title: Reconstruction of buildings
content:
269. —(1) It is a permitted use of an artistic work, being a building, to reconstruct the building. (2) It is a permitted use of architectural drawings or plans to reconstruct a building according to those drawings or plans if — ( a ) another building has earlier been constructed according to those drawings or plans; and ( b ) the earlier construction is done by or with the consent of the copyright owner (either at the time of the earlier construction or after that). Division 14 &#x2014; Artistic works with corresponding designs
and industrially applied artistic works


document_id: ca-2021
provision_ref: s270
chapter: PART 5 - PERMITTED USES OF
section: 270
title: Interpretation of this Division
content:
270. In this Division — “corresponding design”, in relation to an artistic work, has the meaning given by section 2(1) of the Registered Designs Act 2000; “device” means a device for projecting a non‑physical product (as defined by section 2(3) of the Registered Designs Act 2000); “exclusive rights”, in relation to a design that is or could have been registered under the Registered Designs Act 2000, means all the exclusive rights that the registration of a design under that Act gives or would give to the registered owner of the design; “product” means a non‑physical product as defined by section 2(1) of the Registered Designs Act 2000; “register” means register under the Registered Designs Act 2000; “registered design” means a design that is registered under the Registered Designs Act 2000; “similar design”, in relation to a corresponding design, means a design that consists of the corresponding design with modifications or variations not sufficient to alter the character or substantially to affect the identity of the corresponding design; “UK Act” means the Registered Designs Act 1949 of the United Kingdom (U.K. 1949, c. 88).


document_id: ca-2021
provision_ref: s271
chapter: PART 5 - PERMITTED USES OF
section: 271
title: Purpose of this Division
content:
271. The purpose of this Division is to restrict the application of copyright law in relation to an artistic work with a corresponding design that is, has been or could be applied to — ( a ) articles or products, under the Registered Designs Act 2000; or ( b ) useful articles.


document_id: ca-2021
provision_ref: s272
chapter: PART 5 - PERMITTED USES OF
section: 272
title: Artistic work with corresponding design registered under Registered Designs Act 2000
content:
272. —(1) This section applies where there is, in relation to an artistic work, a corresponding design that is or is deemed to be registered. (2) Subject to section 273, it is a permitted use of the artistic work to — ( a ) while the registration is still in force — do any act that is within the exclusive rights in the corresponding design; or ( b ) after the registration is no longer in force — do any act that would have been within — (i) the exclusive rights in the corresponding design; or (ii) the exclusive rights in any possible similar design, if the corresponding design and all possible similar designs had been registered in respect of all the articles and products to which they were capable of being applied.


document_id: ca-2021
provision_ref: s273
chapter: PART 5 - PERMITTED USES OF
section: 273
title: Modification of section 272 if registration is false
content:
273. —(1) Subject to subsection (2), section 272 does not apply in any proceedings for an infringement of the copyright in the artistic work if — ( a ) the registration of the corresponding design is still in force before the proceedings begin; and ( b ) it is proved or admitted in those proceedings that — (i) the person registered or deemed to be registered as the owner of the design is not in fact — (A) the owner of the design for the purposes of the Registered Designs Act 2000; or (B) the proprietor of the design for the purposes of the UK Act; and (ii) the person is registered as the owner or proprietor of the design without the knowledge of the owner of the copyright in the artistic work. (2) Despite subsection (1), section 272 still applies to an act to which those proceedings relate if it is proved or admitted in those proceedings that the act was done — ( a ) under an assignment made, or licence granted, by the registered owner of the design; ( b ) in good faith in reliance upon the registration; and ( c ) 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. (3) If section 272 does not apply to any proceedings by virtue of this section, nothing in any law relating to industrial design is to be construed as affording a defence in those proceedings.


document_id: ca-2021
provision_ref: s274
chapter: PART 5 - PERMITTED USES OF
section: 274
title:
Artistic work with industrially‑applied corresponding design that could have been registered under Registered Designs Act 2000

content:
274. —(1) Subject to subsection (3), this section applies where — ( a ) copyright subsists in an artistic work; ( b ) there is a corresponding design in relation to the work; ( c ) the corresponding design is applied industrially (whether in Singapore or elsewhere) to articles or products; ( d ) the industrial application is done by or with the consent of the copyright owner; ( e ) those articles or products, or devices for projecting those products, are commercially dealt with; and ( f ) when those articles, products or devices are commercially dealt with, no corresponding design relating to those articles or products is or is deemed to be registered. (2) Subject to subsection (3), it is a permitted use of the artistic work to — ( a ) during the period of 15 years starting from the date of the first commercial dealing in those articles, products or devices — do any act that would have been within the exclusive rights in the corresponding design if the design had been registered in respect of all of those articles and products; and ( b ) after the end of that period — do any act that would have been within — (i) the exclusive rights in the corresponding design; or (ii) the exclusive rights in any possible similar design, if the corresponding design and all possible similar designs had been registered in respect of all of those articles and products to which they are capable of being applied. (3) For the purposes of subsections (1) and (2), an article, a product or a device must be ignored if — ( a ) the corresponding design applied to the article or product is primarily literary or artistic in character; and ( b ) when the article, product or device is commercially dealt with, designs for the article, product or device are excluded from registration by rules made under the Registered Designs Act 2000 or the UK Act. (4) For the purposes of any proceedings under this Act, a design is conclusively presumed to have been excluded under subsection (3) if — ( a ) before those proceedings begin — (i) an application for the registration of the design in respect of the article or product under the Registered Designs Act 2000 has been refused; or (ii) an application made before 13 November 2000 for the registration of the design in respect of the article under the UK Act has been refused; ( b ) a (or the) stated reason for the refusal was that the design was excluded from registration by rules made under the Registered Designs Act 2000 or the UK Act; and ( c ) no appeal against that refusal — (i) is allowed before the proceedings begin; or (ii) is pending when the proceedings begin. (5) Regulations may prescribe what constitutes the industrial application of a design for the purposes of this section. (6) For the purposes of this section, an article, a product or a device is commercially dealt with if it is sold, let for hire, or offered or exposed for sale or hire (whether in Singapore or elsewhere) and “commercial dealing” has a corresponding meaning.


document_id: ca-2021
provision_ref: s275
chapter: PART 5 - PERMITTED USES OF
section: 275
title: Artistic works that have been industrially applied
content:
275. —(1) If the condition in subsection (2) is met, it is a permitted use of an artistic work to make — ( a ) a useful article in 3 dimensions; ( b ) a 2‑dimensional copy that is reasonably required to make a useful article in 3 dimensions; or ( c ) a product. (2) The work must have been applied industrially (whether in Singapore or elsewhere) before the article, copy or product was made. (3) Regulations may prescribe what constitutes the industrial application of a work for the purposes of this section. (4) In this section, “useful article” — ( a ) means an article with an intrinsic utilitarian function that is not merely to portray the appearance of the article or to convey information; and ( b ) includes an article that is normally part of a useful article.


document_id: ca-2021
provision_ref: s276
chapter: PART 5 - PERMITTED USES OF
section: 276
title: Application to artistic works made before 10 April 1987
content:
276. This Division (except section 275) does not apply to an artistic work made before 10 April 1987. Division 15 &#x2014; Material in public registers,
publicly disclosed material and
data sharing within public sector


document_id: ca-2021
provision_ref: s277
chapter: PART 5 - PERMITTED USES OF
section: 277
title: Interpretation: what is a public register
content:
277. —(1) In this Division, “public register” — ( a ) subject to paragraphs ( b ) and ( c ), means any collection (however named) of documents or materials to which the following criteria apply: (i) the collection is maintained by the Government or a public body under any written law; (ii) the Government or public body (as the case may be) is required or permitted by law — (A) to open the collection for inspection by the public (whether for a fee or not); or (B) to provide copies of the documents or materials to a member of the public (whether for a fee or not); ( b ) includes any prescribed collection of documents or materials; and ( c ) does not include a public collection and any prescribed collection of documents or materials. (2) For the purposes of subsection (1)( a )(ii) and without otherwise affecting the meaning of “public” in this Act, public includes a segment of the public.


document_id: ca-2021
provision_ref: s278
chapter: PART 5 - PERMITTED USES OF
section: 278
title: Copying or communicating material in public registers
content:
278. —(1) If the conditions in subsection (2) are met, it is a permitted use to — ( a ) make a copy of any of the following material: (i) a work; (ii) a recording of a protected performance; or ( b ) communicate the material to the public. (2) The conditions are — ( a ) the material is part of a public register; ( b ) if the register is maintained by the Government — the copy or communication is made by or with the authority of the Government; ( c ) if the register is maintained by a public body — the copy or communication is made by or with the authority of the public body; and ( d ) the copy or communication is made — (i) to facilitate the inspection of the register, or the provision of copies from the register, as required or permitted by law; (ii) to facilitate the exercise of any right that the law mentioned in sub‑paragraph (i) is meant to facilitate; or (iii) for the purpose of maintaining the register. (3) Where — ( a ) an act is a permitted use of any material under this section; and ( b ) copies of the material are supplied to the public as part of, or incidentally to, that act, the supply of those copies — ( c ) is not to be treated, for the purposes of this Act, as publishing the material (or any work or recording included in the material); and ( d ) must be ignored in determining the duration of any copyright in the material (or the included work).


document_id: ca-2021
provision_ref: s279
chapter: PART 5 - PERMITTED USES OF
section: 279
title: Copying literary or artistic works in public registers
content:
279. —(1) If the conditions in subsection (2) are met, it is a permitted use to make a copy of a literary or an artistic work. (2) The conditions are — ( a ) the work is part of a public register; ( b ) if the register is maintained by the Government — the copy is made by or with the authority of the Government; ( c ) if the register is maintained by a public body — the copy is made by or with the authority of the public body; ( d ) the copy is limited to factual information of any description in the work; and ( e ) the copy is not supplied to the public.


document_id: ca-2021
provision_ref: s280
chapter: PART 5 - PERMITTED USES OF
section: 280
title: Interpretation: what is publicly disclosed material
content:
280. —(1) In this Division, a work or a recording of a protected performance is publicly disclosed material if — ( a ) it is in the possession, custody or control of the Government or a public body; ( b ) it is supplied, communicated or otherwise disclosed to the public by or with the authority of the Government or public body; and ( c ) the supply, communication or disclosure is required or permitted by law (other than this Act). (2) For the purposes of subsection (1)( b ) and without otherwise affecting the meaning of “public” in this Act, public includes a segment of the public.


document_id: ca-2021
provision_ref: s281
chapter: PART 5 - PERMITTED USES OF
section: 281
title: Copying or communicating publicly disclosed material
content:
281. —(1) If the conditions in subsection (2) are met, it is a permitted use to — ( a ) make a copy of any of the following material: (i) a work; (ii) a recording of a protected performance; or ( b ) communicate the material to the public. (2) The conditions are — ( a ) the material — (i) is already publicly disclosed material; or (ii) becomes publicly disclosed material by virtue of a copy of the material being supplied as part of, or incidentally to, the act of making or communicating the copy; ( b ) if the material is in the possession, custody or control of the Government — the copy or communication is made by or with the authority of the Government; ( c ) if the material is in the possession, custody or control of a public body — the copy or communication is made by or with the authority of the public body; and ( d ) the copy or communication is made — (i) to facilitate the more convenient viewing or hearing of the material; or (ii) for the purpose of supplying, communicating or disclosing the material as required or permitted by the law mentioned in section 280(1)( c ). (3) Where — ( a ) an act is a permitted use of any material under this section; and ( b ) copies of the material are supplied to the public as part of, or incidentally to, that act, the supply of those copies — ( c ) is not to be treated, for the purposes of this Act, as publishing the material (or any work or recording included in the material); and ( d ) must be ignored in determining the duration of any copyright (or the included work).


document_id: ca-2021
provision_ref: s282
chapter: PART 5 - PERMITTED USES OF
section: 282
title: Copying literary or artistic works that are publicly disclosed material
content:
282. —(1) If the conditions in subsection (2) are met, it is a permitted use to make a copy of a literary or an artistic work. (2) The conditions are — ( a ) the work is publicly disclosed material; ( b ) if the work is in the possession, custody or control of the Government — the copy is made by or with the authority of the Government; ( c ) if the work is in the possession, custody or control of a public body — the copy is made by or with the authority of the public body; ( d ) the copy is limited to factual information of any description in the work; and ( e ) the copy is not supplied to the public.


document_id: ca-2021
provision_ref: s283
chapter: PART 5 - PERMITTED USES OF
section: 283
title: Data sharing within public sector
content:
283. —(1) If the conditions in subsection (2) are met, it is a permitted use to — ( a ) make a copy of any of the following material: (i) a work; (ii) a recording of a protected performance; or ( b ) communicate the material. (2) The conditions are — ( a ) the material is in the possession, custody or control of the Government or a public body; ( b ) the copy or communication is made by a public body for the purpose of complying with a data sharing direction; and ( c ) copies of the material are not supplied, communicated or otherwise disclosed to any person otherwise than for the purpose of complying with the direction. (3) For the purposes of this Act, the supply of copies of any material in circumstances to which this section applies — ( a ) is not to be treated as publishing the material (or any work or recording included in the material); and ( b ) must be ignored in determining the duration of any copyright in the material (or the included work). (4) In this section, “data sharing direction” has the meaning given by section 2(1) of the Public Sector Governance Act 2018. Division 16 &#x2014; Acts for service of Government


document_id: ca-2021
provision_ref: s284
chapter: PART 5 - PERMITTED USES OF
section: 284
title: Interpretation: what is a public act
content:
284. —(1) In this Division, “public act” means any act that is — ( a ) done by — (i) the Government; or (ii) a person with the written authority of the Government — (A) whether the authority is given before or after the act; and (B) whether or not the person also has the licence of the relevant rights owner to do the act; and ( b ) done for the service of the Government. (2) For the purposes of subsection (1)( b ) — ( a ) where the Government agrees or arranges with another country to supply goods to that country for its defence, the following acts are taken to be for the service of the Government: (i) any act done in connection with supplying those goods under the agreement or arrangement; (ii) the sale of any of those goods that are not required under the agreement or arrangement; and ( b ) copying an authorial work for the teaching purposes of an educational institution of, or under the control of, the Government is not an act done for the service of the Government.


document_id: ca-2021
provision_ref: s285
chapter: PART 5 - PERMITTED USES OF
section: 285
title: Public act is permitted use
content:
285. —(1) A public act in relation to a work or protected performance is a permitted use. (2) As soon as practicable after a public act is done, the Government must — ( a ) inform the relevant rights owner in the prescribed manner; and [Act 31 of 2022 wef 01/11/2022] ( b ) give the rights owner any information that the rights owner may reasonably require from time to time. (3) However, subsection (2) does not require the Government to do anything that it considers to be against the public interest.


document_id: ca-2021
provision_ref: s286
chapter: PART 5 - PERMITTED USES OF
section: 286
title: Terms for doing public act
content:
286. —(1) The terms for doing a public act are to be — ( a ) agreed between the Government and the rights owner (whether before or after the act is done); or ( b ) in default of agreement, decided by a Copyright Tribunal. (2) Unless it is approved by the Minister, an agreement or a licence that fixes the terms on which a person (other than the Government) may do a public act is void to the extent that it purports to apply to any act done after 10 April 1987. (3) Subsection (2) applies to any agreement or licence made or granted before, on or after 10 April 1987.


document_id: ca-2021
provision_ref: s287
chapter: PART 5 - PERMITTED USES OF
section: 287
title: Public act does not constitute publication
content:
287. A public act — ( a ) is not to be treated, for the purposes of this Act, as publishing a work or a recording of a protected performance; and ( b ) must be ignored in determining the duration of any copyright under this Act.


document_id: ca-2021
provision_ref: s288
chapter: PART 5 - PERMITTED USES OF
section: 288
title: Protection of purchaser in sale in course of public act
content:
288. —(1) This section applies where, by virtue of section 285, the sale of an article is not a rights infringement. (2) The purchaser and any person claiming through the purchaser is entitled to deal with the article as if the Government is the rights owner.


document_id: ca-2021
provision_ref: s289
chapter: PART 5 - PERMITTED USES OF
section: 289
title: Modification when exclusive copyright licence in force
content:
289. In this Division (except section 288), “rights owner”, in relation to any copyright that is subject to an exclusive licence, means the exclusive licensee. Division 17 &#x2014; Judicial proceedings and legal advice


document_id: ca-2021
provision_ref: s290
chapter: PART 5 - PERMITTED USES OF
section: 290
title: Acts done for judicial proceedings
content:
290. —(1) It is a permitted use of a work or protected performance to do anything for the purposes of — ( a ) a judicial proceeding; or ( b ) reporting a judicial proceeding. (2) In this section, “judicial proceeding” means a proceeding before any court, tribunal or person having by law power to hear, receive and examine evidence on oath.


document_id: ca-2021
provision_ref: s291
chapter: PART 5 - PERMITTED USES OF
section: 291
title: Acts done for seeking legal advice
content:
291. It is a permitted use of a work or protected performance to do anything — ( a ) for the purpose of seeking professional advice from an advocate and solicitor; or ( b ) for the purpose of, or in the course of, the giving of professional advice by an advocate and solicitor. Division 18 &#x2014; Miscellaneous


document_id: ca-2021
provision_ref: s292
chapter: PART 5 - PERMITTED USES OF
section: 292
title: Temporary copies made in course of communication
content:
292. —(1) If the conditions in subsection (2) are met, it is a permitted use to make a temporary copy of — ( a ) a work; or ( b ) a recording of a protected performance. (2) The conditions are — ( a ) the temporary copy is made incidentally as part of the technical process of making or receiving a communication; ( b ) the act of making the communication is not a rights infringement; ( c ) the communicated copy — (i) is made in Singapore and is not an infringing copy of the work or performance; and (ii) is made outside Singapore and would not, had it been made in Singapore, be an infringing copy of the work or performance; and ( d ) if the work is an adaptation of a literary, dramatic or musical work, the communicated copy — (i) is made in Singapore and is not an infringing copy of the adaptation; and (ii) is made outside Singapore and would not, had it been made in Singapore, be an infringing copy of the adaptation. (3) This section does not permit any subsequent use of the temporary copy.


document_id: ca-2021
provision_ref: s293
chapter: PART 5 - PERMITTED USES OF
section: 293
title: Temporary copies made in user caching
content:
293. —(1) If the conditions in subsection (2) are met, it is a permitted use to make a temporary and incidental electronic copy of — ( a ) a work; or ( b ) a recording of a protected performance. (2) The conditions are — ( a ) the copy is made from an electronic copy of the work or recording that is made available on a network; and ( b ) the making of the firstmentioned copy is needed for a user of the network (or another network) to see, hear or use the work or recording.


document_id: ca-2021
provision_ref: s294
chapter: PART 5 - PERMITTED USES OF
section: 294
title: Transfer of electronic copy of material
content:
294. —(1) This section applies where — ( a ) an electronic copy of any material (called in this section the first copy) is purchased on or after 15 December 1999; and ( b ) the terms of purchase (whether expressed or implied), or any rule of law, allow the purchaser to do any of the following acts in connection with the use of the copy: (i) make a copy of the material; (ii) make an adaptation of the material; (iii) make a copy of an adaptation of the material. (2) If the purchaser transfers the first copy, any act done by the transferee in relation to the copy is a permitted use of a work or protected performance if — ( a ) the purchaser is allowed to do the act; and ( b ) there is no express term that — (i) prohibits the purchaser from transferring the copy; (ii) imposes an obligation on the purchaser or transferee that continues after the transfer; (iii) prohibits the assignment of any licence in relation to the material; (iv) terminates any licence in relation to the material if the copy is transferred; or (v) regulates the terms on which the transferee may do the acts that the purchaser is allowed to do. (3) However, after the transfer, any copy (including the first copy), adaptation or copy of an adaptation that is retained by the purchaser is to be treated as an infringing copy of the work or performance, as the case may be. (4) Subsections (2) and (3) also apply where the first copy is unusable and a further copy is transferred instead. (5) Subsections (2), (3) and (4) also apply to a subsequent transfer, and for this purpose a reference to the purchaser in subsections (2) and (3) is to be read as a reference to the subsequent transferor.


document_id: ca-2021
provision_ref: s295
chapter: PART 5 - PERMITTED USES OF
section: 295
title: Reading or recitation of literary or dramatic works
content:
295. —(1) If the conditions in subsection (2) are met, it is a permitted use to — ( a ) read or recite, in public, an extract from a literary or dramatic work; or ( b ) include, in a communication of a reading or recitation, an extract from a literary or dramatic work. (2) The conditions are — ( a ) the work has been published; ( b ) the extract is of a reasonable length; and ( c ) the work is sufficiently acknowledged.


document_id: ca-2021
provision_ref: s296
chapter: PART 5 - PERMITTED USES OF
section: 296
title: Religious performances of literary, dramatic or musical works
content:
296. —(1) If the conditions in subsection (2) are met, it is a permitted use to perform a literary, dramatic or musical work. (2) The conditions are — ( a ) the work is of a religious nature; and ( b ) the performance is in the course of services at a place of worship or other religious assembly.


document_id: ca-2021
provision_ref: s297
chapter: PART 5 - PERMITTED USES OF
section: 297
title: Using adaptations of literary, dramatic or musical works
content:
297. —(1) Subject to subsection (2), where an act in relation to a literary, dramatic or musical work is a permitted use of the work under any provision of this Part, the same act in relation to an adaptation of the work is also a permitted use. (2) For the purposes of subsection (1) — ( a ) if it is a condition of the permitted use that the work must be sufficiently acknowledged, the condition applies to both an act done in relation to the work and an act done in relation to the adaptation; and ( b ) subject to any prescribed modification, any other condition of the permitted use, so far as it relates to the work, is to be read as a condition relating to the adaptation. Illustration Reading an extract of an adaptation of a literary work is a permitted use of the work under section 295 if the adaptation has been published, the extract is of a reasonable length, and the work is sufficiently acknowledged.


document_id: ca-2021
provision_ref: s298
chapter: PART 5 - PERMITTED USES OF
section: 298
title: Copying published editions of authorial works in course of permitted use of authorial works
content:
298. It is a permitted use of a published edition of an authorial work (or authorial works) to make a copy of the edition in the course of any other permitted use of that work (or any, some or all of those works).


document_id: ca-2021
provision_ref: s299
chapter: PART 5 - PERMITTED USES OF
section: 299
title: Private and domestic use
content:
299. —(1) If the condition in subsection (2) is met, it is a permitted use for a person to — ( a ) make a copy of any of the following material: (i) a broadcast; (ii) a cable programme; (iii) a recording of a protected performance; or ( b ) record a protected performance live. (2) The copy or recording must be for the private and domestic use of the person. (3) A permitted use under subsection (1)( a ) is also a permitted use of a work or protected performance included in the material. (4) A permitted use under subsection (1)( b ) is also a permitted use of a work included in the performance. (5) For the purposes of this section, a copy or recording is not made for private and domestic use if it is made for the purpose of — ( a ) commercial dealing; ( b ) broadcasting; ( c ) inclusion in a cable programme; or ( d ) causing the relevant visual images and sounds to be seen or heard (or both) in public.


document_id: ca-2021
provision_ref: s300
chapter: PART 5 - PERMITTED USES OF
section: 300
title: Recording performance, etc., in mistaken belief of authorisation
content:
300. —(1) If the condition in subsection (2) is met, it is a permitted use for a person ( X ) to do any of the following acts: ( a ) make a copy of a recording of a protected performance; ( b ) record a protected performance live. (2) Because of a fraudulent or an innocent misrepresentation made to X , X believes that the rights owner has authorised X to do the act. Division 19 &#x2014; Notation of copies


document_id: ca-2021
provision_ref: s301
chapter: PART 5 - PERMITTED USES OF
section: 301
title: When and how should copies be notated
content:
301. —(1) Where a copy (including a microform copy and an accessible format copy) of a work, or of a recording of a protected performance, is required to be notated according to this section, the notation must — ( a ) in the case of a copy (being a sound recording) made under Division 4 (persons with print disabilities) — (i) be in the form of a sound recording of a prescribed message; (ii) be embodied in the copy when the copy is made; and (iii) be embodied in a way that the message can be heard immediately before the underlying work or performance is heard; [Act 31 of 2022 wef 01/11/2022] ( b ) in the case of a copy made under section 227 or 232 (relating to public collections) — (i) be made on or attached to the copy at or about the time the copy is made; (ii) state the institution (or the custodian of a public collection) — (A) that made the copy; or (B) on whose behalf the copy is made; and (iii) state the date on which the copy is made; and ( c ) in any other case — (i) be made on the copy at or about the time the copy is made; (ii) state the institution (or the custodian of a public collection) — (A) that made the copy; or (B) on whose behalf the copy is made; and (iii) state the date on which the copy is made. (2) For the purposes of subsection (1) — ( a ) a copy is made on behalf of an institution if it is made or caused to be made — (i) by an authorised officer of a library of the institution; or (ii) by or on behalf of the body administering the institution; and ( b ) a copy is made on behalf of the custodian of a public collection (other than a library of an institution) if it is made or caused to be made by an authorised officer of the custodian. (3) In this section, “microform copy”, in relation to the whole or a part of a work, means a copy of the whole or part of the work produced by miniaturising the graphic symbols of which the work is composed.


document_id: ca-2021
provision_ref: s302
chapter: PART 5 - PERMITTED USES OF
section: 302
title: Presumptions relating to notated copy
content:
302. —(1) In the following proceedings, a copy that is notated in accordance with section 301 is prima facie proof of the notated matters: ( a ) proceedings for rights infringements; ( b ) proceedings for contravening any provision of this Act; ( c ) proceedings in a Copyright Tribunal to decide the amount of equitable remuneration for making the copy. (2) For the purpose of subsection (1), unless the contrary is proved, a copy is presumed to be notated at the time required in section 301 if it appears to be otherwise notated in accordance with that section.


document_id: ca-2021
provision_ref: s303
chapter: PART 5 - PERMITTED USES OF
section: 303
title: Making false or misleading notation
content:
303. —(1) A person commits an offence if — ( a ) the person makes a notation that is for, or appears to be for, the purposes of section 301; and ( b ) the person knows or ought reasonably to know that the notation contains any material information that is false or misleading. (2) A person convicted of an offence under subsection (1) shall be liable on conviction to a fine not exceeding $2,000.


document_id: ca-2021
provision_ref: s304
chapter: PART 6 - REMEDIES FOR AND BORDER ENFORCEMENT
section: 304
title: Interpretation of this Division
content:
304. In this Division — “delivery up order” means an order under section 309(2); “disposal order” means an order under section 310(1); “infringement action” means an action for a rights infringement.


document_id: ca-2021
provision_ref: s305
chapter: PART 6 - REMEDIES FOR AND BORDER ENFORCEMENT
section: 305
title: Remedies
content:
305. —(1) Subject to the provisions of this Act, the remedies that the Court may grant for a rights infringement include — ( a ) an injunction (which may be subject to terms); ( b ) damages, including additional damages under section 307; ( c ) an account of profits; ( d ) if the claimant so elects, statutory damages in accordance with section 308; ( e ) a delivery up order; and ( f ) a disposal order. (2) Subject to subsection (3), the remedies in subsection (1)( b ), ( c ) and ( d ) are mutually exclusive. (3) Where the Court orders damages (with or without additional damages) under subsection (1)( b ) in respect of a rights infringement, the Court may also order an account of profits attributable to the infringement, but only insofar as the profits have not been taken into account in computing those damages.


document_id: ca-2021
provision_ref: s306
chapter: PART 6 - REMEDIES FOR AND BORDER ENFORCEMENT
section: 306
title: No damages for innocent rights infringement
content:
306. —(1) Where a person does an act that constitutes a rights infringement, damages may not be ordered for the infringement if, when doing that act, the person does not know and could not reasonably have known that the act is a rights infringement. (2) To avoid doubt, subsection (1) does not prevent the Court from ordering any other remedy (including an account of profits) for the infringement.


document_id: ca-2021
provision_ref: s307
chapter: PART 6 - REMEDIES FOR AND BORDER ENFORCEMENT
section: 307
title: Measure of damages
content:
307. The Court may order additional damages for a rights infringement if it is appropriate in the circumstances, having regard to all relevant matters, including — ( a ) the flagrancy of the infringement; and ( b ) any benefit gained by the defendant because of the infringement.


document_id: ca-2021
provision_ref: s308
chapter: PART 6 - REMEDIES FOR AND BORDER ENFORCEMENT
section: 308
title: Measure of statutory damages
content:
308. —(1) This section applies where a claimant in an infringement action elects for statutory damages. (2) The amount of statutory damages must not exceed — ( a ) $10,000 for each work or performance that is the subject of the action; ( b ) $200,000 for all the works that are the subject of the action; and ( c ) $200,000 for all the performances that are the subject of the action. (3) However, subsection (2)( b ) and ( c ) does not apply if the claimant proves that the claimant’s actual loss for all the works or performances that are the subject of the action exceeds $200,000. (4) If separate and independent works, or recordings of protected performances, are assembled into one whole, they are taken to be one work for the purposes of subsection (2). (5) In deciding the amount of statutory damages to award, the Court must consider all relevant matters, including — ( a ) the nature and purpose of the act constituting the rights infringement, including whether the act is of a commercial nature or otherwise; ( b ) the flagrancy of the rights infringement; ( c ) whether the defendant acted in bad faith; ( d ) any loss that the claimant has suffered or is likely to suffer because of the infringement; ( e ) any benefit gained by the defendant because of the infringement; ( f ) the conduct of the parties before and during the proceedings; and ( g ) the need to deter similar infringements.


document_id: ca-2021
provision_ref: s309
chapter: PART 6 - REMEDIES FOR AND BORDER ENFORCEMENT
section: 309
title: Order to deliver up infringing copies, etc.
content:
309. —(1) This section and sections 310 and 311 apply where — ( a ) an infringement action is brought; and ( b ) any of the following items (called in this section and sections 310 and 311 offending items) is before the Court or in the defendant’s possession: (i) any infringing copy; (ii) any article that has been used to make infringing copies. (2) The Court may order the offending items to be delivered up to the claimant, but only if — ( a ) the Court also makes a disposal order; or ( b ) it appears to the Court that there are grounds for making a disposal order. (3) If the Court orders any offending items to be delivered up to a person under subsection (2), the person must retain the items until the Court decides whether or not to make a disposal order.


document_id: ca-2021
provision_ref: s310
chapter: PART 6 - REMEDIES FOR AND BORDER ENFORCEMENT
section: 310
title: Order to dispose of infringing copies, etc.
content:
310. —(1) The Court may order the offending items to be — ( a ) forfeited to the claimant; ( b ) destroyed; or ( c ) otherwise dealt with. (2) Without limiting subsection (1)( c ), a disposal order may require offending items to be sold and the proceeds to be divided between interested persons. (3) In deciding whether to make a disposal order, and the terms of the order, the Court must consider — ( a ) whether other remedies would be adequate to compensate the claimant and to protect the claimant’s interests; and ( b ) the need to ensure that no item is disposed of in a manner that would adversely affect the claimant. (4) If the Court decides not to make a disposal order after making a delivery up order, the Court — ( a ) must order that the offending items be returned to the person who was last in possession of the offending items before they were delivered up; and ( b ) may order the defendant in the infringement action to pay just and equitable damages to the claimant.


document_id: ca-2021
provision_ref: s311
chapter: PART 6 - REMEDIES FOR AND BORDER ENFORCEMENT
section: 311
title: Procedure for disposal order
content:
311. —(1) This section applies to proceedings for a disposal order to be made against offending items. (2) The Court must give directions to serve notice on any person having an interest in any of the offending items. (3) A person who claims an interest in any of the offending items may appear in the proceedings, even if notice is not served on the person. (4) If the Court makes a disposal order, any person interested in any of the offending items may appeal against the order, even if the person did not appear in the proceedings for the order. (5) A disposal order does not take effect until — ( a ) the period for giving notice of an appeal against the order expires and no notice of appeal has been given; or ( b ) if a notice of appeal is given within the period for giving notice of an appeal — the appeal is finally determined or abandoned.


document_id: ca-2021
provision_ref: s312
chapter: PART 6 - REMEDIES FOR AND BORDER ENFORCEMENT
section: 312
title: Remedy for infringement of copyright under section 151
content:
312. Despite any provision to the contrary in this Act, the only remedy for an infringement of copyright under section 151 is an order for the payment of equitable remuneration as determined by a Copyright Tribunal. Division 2 &#x2014; Remedies against network service providers Subdivision (1) &#x2014; Preliminary


document_id: ca-2021
provision_ref: s313
chapter: PART 6 - REMEDIES FOR AND BORDER ENFORCEMENT
section: 313
title: Interpretation of this Division
content:
313. In this Division — “electronic copy” means — ( a ) a work, or a copy of a work, in an electronic form; or ( b ) a sound recording, in an electronic form, of a performance; “network connection provider” or “NCP” — ( a ) means a person who provides services relating to, or provides connections for, the transmission or routing of data; but ( b ) does not include any prescribed person or class of persons; [ Deleted by Act 32 of 2024 wef 25/11/2024 ] “network service provider” or “NSP” means a person who provides, or operates facilities for, online services or network access; and — ( a ) includes a network connection provider; but ( b ) does not include any prescribed person or class of persons; [Act 32 of 2024 wef 25/11/2024] “primary network”, in relation to a network service provider, refers to a network controlled or operated by or for the network service provider; “restoration notice” means a restoration notice that complies with the requirements prescribed under section 323; “rights owner”, in relation to a copyright, includes any exclusive licensee of the copyright; “routing” means directing or choosing the means or routes for the transmission of data; “take‑down notice” means a take‑down notice that complies with the requirements prescribed under section 323.


document_id: ca-2021
provision_ref: s314
chapter: PART 6 - REMEDIES FOR AND BORDER ENFORCEMENT
section: 314
title: Provisions relating to rights infringement not affected
content:
314. This Division does not affect what constitutes a rights infringement. Subdivision (2) &#x2014; Restriction of remedies against
rights infringements in course of providing network services


document_id: ca-2021
provision_ref: s315
chapter: PART 6 - REMEDIES FOR AND BORDER ENFORCEMENT
section: 315
title: Restriction of remedies if conditions met
content:
315. —(1) The purpose of this Subdivision is to restrict the remedies available against a NCP or NSP for rights infringements arising from their activities, but only if certain conditions are met. (2) If a NCP commits a rights infringement to which section 316 (transmission, routing and providing connections) applies and satisfies the conditions for that section — ( a ) the Court may only grant either or both of the following remedies against the NCP in respect of the rights infringement: (i) an order requiring the NCP to take reasonable steps to disable access to an online location that is physically situated outside Singapore; (ii) an order requiring the NCP to terminate a specified account; and ( b ) to avoid doubt, the Court must not grant any other remedy (including a monetary remedy) against the NCP in respect of the rights infringement. (3) If a NSP commits a rights infringement to which section 317, 318 or 319 (system caching, storage, and locating information) applies and satisfies the conditions for the applicable section — ( a ) the Court may only grant one or more of the following remedies against the NSP in respect of the rights infringement: (i) an order requiring the NSP to — (A) remove an electronic copy (being an infringing copy) from the NSP’s primary network; or (B) disable access to an electronic copy (being an infringing copy) on the primary network or another network; (ii) an order requiring the NSP to terminate a specified account; (iii) if necessary, some other less burdensome but comparatively effective non‑monetary order; and ( b ) to avoid doubt, the Court must not grant any remedy (including a monetary remedy) against the NSP in respect of the rights infringement. (4) In deciding whether to make an order under subsection (2)( a ) or (3)( a ), and what order to make, the Court must consider all relevant matters, including — ( a ) the harm that is or may foreseeably be caused to the claimant; ( b ) the burden that the making of the order will place on the NCP or NSP; ( 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 NCP or NSP; and ( f ) whether some other comparably effective order would be less burdensome. (5) In this section, “monetary remedy” means damages, an account of profits or statutory damages.


document_id: ca-2021
provision_ref: s316
chapter: PART 6 - REMEDIES FOR AND BORDER ENFORCEMENT
section: 316
title: Conditions relating to infringement by transmission, routing or providing connections
content:
316. —(1) This section applies where a NCP commits a rights infringement by — ( a ) transmitting or routing, or providing connections for, an electronic copy through the NCP’s primary network; or ( b ) any temporary storage of an electronic copy in the course of doing an act under paragraph ( a ). (2) The conditions for this section are — ( a ) in the case of a transmission of an electronic copy — the transmission is not initiated by or at the direction of the NCP; ( b ) the act constituting the rights infringement is carried out through an automatic technical process and the NCP does not select the electronic copy; ( c ) the NCP does not select the recipients of the electronic copy except as an automatic response to a request by another person; ( d ) the NCP does not substantively modify the content of the electronic copy (apart from any modification made as part of a technical process) when the electronic copy is transmitted through the NCP’s primary network; and ( e ) any condition as may be prescribed.


document_id: ca-2021
provision_ref: s317
chapter: PART 6 - REMEDIES FOR AND BORDER ENFORCEMENT
section: 317
title: Conditions relating to infringement by system caching
content:
317. —(1) This section applies where a NSP commits a rights infringement by making an electronic copy (called in this section the cached copy) — ( a ) on the NSP’s primary network; ( b ) from another electronic copy that is available on a network (called in this section the originating network); ( c ) through an automatic process; ( d ) in response to an action by a user of the NSP’s primary network; and ( e ) to facilitate efficient access to the underlying work or protected performance (as the case may be) by that user or other users. (2) The conditions for this section are — ( a ) the NSP does not substantively modify the content of the cached copy (apart from any modification made as part of a technical process) when the cached copy is transmitted to users of the NSP’s primary network or another network; ( b ) if the NSP is served with a take‑down notice that purports to be given by or on behalf of the rights owner of the cached copy — the NSP expeditiously takes reasonable steps to remove or disable access to the cached copy on its primary network; and ( c ) any condition as may be prescribed, including conditions relating to — (i) access to the cached copy by users of the NSP’s primary network or of another network; (ii) refreshing, reloading or updating the cached copy; or (iii) non‑interference with technology used at the originating network to obtain information about the use of any electronic copies on the originating network, being technology that is consistent with industry standards in Singapore.


document_id: ca-2021
provision_ref: s318
chapter: PART 6 - REMEDIES FOR AND BORDER ENFORCEMENT
section: 318
title: Conditions relating to infringement by storage
content:
318. —(1) This section applies where a NSP commits a rights infringement by storing an electronic copy on its primary network (called in this section the stored copy) at the direction of a user of that network. (2) The conditions for this section are — ( a ) if the NSP has the right and the ability to control any rights infringements in relation to the stored copy — the NSP does not receive any financial benefit that is directly attributable to any of those rights infringements; ( b ) if — (i) the NSP knows that rights infringements have been committed in relation to the stored copy; (ii) the NSP knows about facts or circumstances that would inevitably lead to the conclusion that rights infringements have been committed in relation to the stored copy; or (iii) the NSP is served with a take‑down notice that purports to be given by or on behalf of the rights owner of the stored copy, the NSP expeditiously takes reasonable steps to remove or disable access to the stored copy; ( c ) the NSP has — (i) designated a representative to receive take‑down notices under paragraph ( b )(iii); and (ii) published, in the prescribed manner, the prescribed information about the designated representative; and ( d ) any condition as may be prescribed. (3) In deciding whether a financial benefit is directly attributable to a rights infringement for the purposes of subsection (2)( a ), all relevant matters must be considered, including — ( a ) industry practice in relation to the charging for services by NSPs; and ( b ) whether the financial benefit is greater than the benefit that would usually result from charging in accordance with accepted industry practices. (4) In deciding whether a NSP knows about the matters in subsection (2)( b )(i) or (ii), the following notices must be ignored: ( a ) a notice that purports to be given by or on behalf of the rights owner of the stored copy (other than a take‑down notice under subsection (2)( b )(iii)); ( b ) a notice by the rights owner of the stored copy under section 326(2)( b ) (intention to apply for access disabling order).


document_id: ca-2021
provision_ref: s319
chapter: PART 6 - REMEDIES FOR AND BORDER ENFORCEMENT
section: 319
title: Conditions relating to infringement by locating information
content:
319. —(1) This section applies where — ( a ) an electronic copy (called in this section the main copy) is made available on an online location on a network (called in this section the originating network); ( b ) the NSP commits a rights infringement by referring or linking a user of any network to the online location; and ( c ) the referring or linking is done by using — (i) an information location tool (for example, a hyperlink or directory); or (ii) an information location service (for example, a search engine). (2) The conditions for this section are — ( a ) if the NSP has the right and the ability to control any rights infringement in relation to the main copy — the NSP does not receive any financial benefit that is directly attributable to any of those rights infringements; ( b ) if — (i) the NSP knows that rights infringements have been committed in relation to the main copy; (ii) the NSP knows about facts or circumstances that would inevitably lead to the conclusion that rights infringements have been committed in relation to the main copy; or (iii) the NSP is served with a take‑down notice that purports to be given by or on behalf of the rights owner of the main copy, the NSP expeditiously takes reasonable steps to remove or disable access to — (iv) the main copy; and (v) any further electronic copies made from the main copy and made available on the NSP’s primary network, but only if the NSP knows about those further copies; ( c ) the NSP has — (i) designated a representative to receive take‑down notices under paragraph ( b )(iii); and (ii) published, in the prescribed manner, the prescribed information about the designated representative; and ( d ) any condition as may be prescribed. (3) In deciding whether a financial benefit is directly attributable to a rights infringement for the purposes of subsection (2)( a ), all relevant matters must be considered, including — ( a ) industry practice in relation to the charging for services by NSPs; and ( b ) whether the financial benefit is greater than the benefit that would usually result from charging in accordance with accepted industry practices. (4) In deciding whether a NSP knows about the matters in subsection (2)( b )(i) or (ii), the following notices must be ignored: ( a ) a notice that purports to be given by or on behalf of the rights owner of the main copy (other than a take‑down notice under subsection (2)( b )(iii)); ( b ) a notice by the rights owner of the main copy under section 326(2)( b ) (intention to apply for access disabling order).


document_id: ca-2021
provision_ref: s320
chapter: PART 6 - REMEDIES FOR AND BORDER ENFORCEMENT
section: 320
title: Conditions do not require monitoring of network services, etc.
content:
320. —(1) The application of sections 315, 316, 317, 318 and 319 does not depend on — ( a ) a NSP monitoring its service or affirmatively seeking facts indicating a rights infringement, except to the extent consistent with any standard technical measure; or ( b ) a NSP taking any action to gain access to, remove or disable access to any electronic copy in any case where the action is prohibited by law. (2) In this section, “standard technical measure” means any technical measure accepted in Singapore that — ( a ) is used to identify or protect copyright works, protected performances, or recordings of protected performances; ( b ) has been developed through an open, voluntary process by a broad consensus of rights owners and NSPs; ( c ) is available to any person on reasonable and non‑discriminatory terms; and ( d ) does not impose substantial costs on NSPs or substantial burdens on their primary networks.


document_id: ca-2021
provision_ref: s321
chapter: PART 6 - REMEDIES FOR AND BORDER ENFORCEMENT
section: 321
title: Evidence of compliance with conditions
content:
321. —(1) In proceedings relating to this Subdivision, a NSP may produce evidence — ( a ) that is prescribed; and ( b ) that suggests that the NSP complied with any condition mentioned in section 316, 317, 318 or 319. (2) If a NSP produces the evidence mentioned in subsection (1), the NSP is presumed, unless the contrary is proved, to have complied with the relevant condition.


document_id: ca-2021
provision_ref: s322
chapter: PART 6 - REMEDIES FOR AND BORDER ENFORCEMENT
section: 322
title:
Protection against liability for removing or disabling access to electronic copy under section 317, 318 or 319

content:
322. —(1) If subsection (2), (3) or (4) applies, a NSP is not, despite any contrary written law or rule of law, liable under any rule of law for acting to — ( a ) remove an electronic copy from its primary network; or ( b ) disable access to an electronic copy on its primary network or another network. (2) This subsection applies if — ( a ) the NSP acted — (i) in good faith; and (ii) in reliance on a take‑down notice under section 317(2)( b ) (system caching); and ( b ) any prescribed condition is met. (3) This subsection applies if — ( a ) the NSP acted — (i) in good faith; and (ii) in reliance on a take‑down notice served by a person ( X ) under section 318(2)( b )(iii) or 319(2)( b )(iii) (storage or locating information); ( b ) the NSP expeditiously takes reasonable steps to — (i) notify the person ( Y ) who made the electronic copy available on the relevant network of the removal or disabling; and (ii) provide Y with a copy of the take‑down notice; ( c ) the NSP takes the following steps if the NSP is served with a restoration notice within the prescribed time by a person purporting to be or to be acting on behalf of Y : (i) subject to any written law on privacy or data protection, the NSP expeditiously provides a copy of the restoration notice to X ; (ii) the NSP expeditiously notifies X , stating that the NSP will take reasonable steps to restore the electronic copy or access to the electronic copy, but only if — (A) the restoration is technically and practically feasible; and (B) within 10 working days after the notification — (BA) no proceedings are brought by or on behalf of the rights owner of the electronic copy to prevent the restoration; or (BB) the NSP is not informed in writing of the proceedings; ( d ) the NSP takes reasonable steps to restore the electronic copy, or to restore access to the electronic copy, if the conditions in paragraph ( c )(ii) are met; ( e ) the steps mentioned in paragraph ( d ) are taken (if they have to be taken) not less than 10 and not more than 14 working days after the date of the notification in paragraph ( c )(ii); and ( f ) any prescribed condition is met. (4) This subsection applies if — ( a ) the NSP acted — (i) in good faith; and (ii) in reliance on the knowledge mentioned in section 318(2)( b )(i) or (ii) or 319(2)( b )(i) or (ii) (storage or locating information); ( b ) the NSP expeditiously takes reasonable steps to notify the person ( Y ) who made the electronic copy available on the relevant network of the removal or disabling; ( c ) the NSP takes reasonable steps to restore the electronic copy or access to the electronic copy, but only if — (i) the NSP is served with a restoration notice within the prescribed time by a person purporting to be or to be acting on behalf of Y ; (ii) within 10 working days after the date on which the restoration notice is served on the NSP — (A) no proceedings are brought by or on behalf of the rights owner of the electronic copy to prevent the restoration; or (B) the NSP is not informed in writing of the proceedings; and (iii) the restoration is technically and practically feasible; ( d ) the steps mentioned in paragraph ( c ) are taken (if they have to be taken) not less than 10 and not more than 14 working days after the date on which the restoration notice is served on the NSP; and ( e ) any prescribed condition is met. (5) Subsections (1), (2), (3) and (4) apply whether or not it is ultimately decided that the NSP committed a rights infringement mentioned in section 317(1), 318(1) or 319(1). (6) Despite anything to the contrary in any written law or rule of law, a NSP is not liable under any rule of law if — ( a ) the NSP acts in good faith to — (i) restore an electronic copy to the NSP’s primary network; or (ii) restore access to an electronic copy on any network; and ( b ) the restoration was done in reliance on a restoration notice under subsection (3)( c ) or (4)( c )(i). (7) A NSP must not be treated as authorising an act that is a rights infringement just because one (but not more) of the following circumstances applies: ( a ) the NSP provides a facility that is used by another person to do that act; ( b ) the NSP is served with a take‑down notice under section 317(2)( b ), 318(2)( b )(iii) or 319(2)( b )(iii) (system caching, storage or locating information), or a notice under section 326(2)( b ) (intention to apply for access disabling order), in respect of that act; ( c ) the NSP has the knowledge mentioned in section 318(2)( b )(i) or (ii) or 319(2)( b )(i) or (ii) (storage or locating information) in respect of that act.


document_id: ca-2021
provision_ref: s323
chapter: PART 6 - REMEDIES FOR AND BORDER ENFORCEMENT
section: 323
title: Requirements relating to take‑down or restoration notices, etc.
content:
323. A take‑down notice under section 317(2)( b ), 318(2)( b )(iii) or 319(2)( b )(iii) or a restoration notice under section 322(3)( c ) or (4)( c )(i) must — ( a ) be served in the prescribed manner; ( b ) be in or substantially in the prescribed form; and ( c ) state the prescribed matters.


document_id: ca-2021
provision_ref: s324
chapter: PART 6 - REMEDIES FOR AND BORDER ENFORCEMENT
section: 324
title: Making false statements in take‑down or restoration notice
content:
324. —(1) In making a take‑down notice under section 317(2)( b ), 318(2)( b )(iii) or 319(2)( b )(iii) or a restoration notice under section 322(3)( c ) or (4)( c )(i), a person must not make a false statement (whether in or outside Singapore) that — ( a ) the person knows is false or does not believe is true; and ( b ) touches a point material to the object of the notice. (2) A person who contravenes subsection (1) — ( 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 term not exceeding 2 years or to both; and ( b ) shall be liable in damages to any person who suffers any loss or damage as a result of making that notice, but only to the extent that the loss or damage is reasonably foreseeable as a likely result of making that notice. (3) If a person makes a statement outside Singapore in contravention of subsection (1), the person may be dealt with under subsection (2)( a ) as if the statement were made in Singapore. (4) Regulations may prescribe how a person may verify statements made in the notices mentioned in subsection (1), and the consequences of performing or not performing the prescribed verification. Subdivision (3) &#x2014; Disabling access to
flagrantly infringing online locations


document_id: ca-2021
provision_ref: s325
chapter: PART 6 - REMEDIES FOR AND BORDER ENFORCEMENT
section: 325
title: Access disabling order
content:
325. —(1) The Court may, on application, order a NCP to take reasonable steps to disable access to an online location (called in this Subdivision an access disabling order) if — ( a ) the online location is a flagrantly infringing online location; ( b ) the online location has been or is being used to commit rights infringements in relation to copyright works or protected performances of which the applicant is the rights owner; and ( c ) the NCP’s services have been or are being used to access the online location. [Act 22 of 2021 wef 01/04/2022] (2) In deciding whether to make an access disabling order, and the terms of the order, the Court must consider all relevant matters, including — ( a ) the harm that is or may foreseeably be caused to the rights owner; ( b ) the burden that the making of the order will place on the NCP; ( 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 NCP; and ( f ) whether some other comparably effective order would be less burdensome. [Act 22 of 2021 wef 01/04/2022]


document_id: ca-2021
provision_ref: s326
chapter: PART 6 - REMEDIES FOR AND BORDER ENFORCEMENT
section: 326
title: Procedure for application
content:
326. —(1) This section applies to an application by a rights owner for an access disabling order against a NCP in relation to an online location. (2) Subject to subsection (5), the rights owner must do the following before making the application: ( a ) give notice to the owner of the online location that — (i) the online location has been or is being used to commit or facilitate rights infringements against the rights owner; and (ii) if the owner of the online location does not stop the online location from being used in that way within the prescribed time, the rights owner will apply for an access disabling order; ( b ) give notice to the NCP that the rights owner intends to proceed to apply for an access disabling order against the NCP, and to do so either — (i) after the end of the prescribed time mentioned in paragraph ( a )(ii); or (ii) after reasonable efforts have been made to give notice under paragraph ( a ). (3) The application must be served on the NCP. (4) Subject to subsection (5), notice of the application must be given to the owner of the online location. (5) At the hearing of the application, the Court may dispense with the requirement to give notice under subsection (2)( a ) or (4) if — ( a ) the rights owner is unable to give notice (whether because the identity or address of the owner of the online location cannot be ascertained or for any other reason); and ( b ) the rights owner has made reasonable efforts to give notice. [Act 22 of 2021 wef 01/04/2022] (6) The owner of the online location has — ( a ) the right to be heard in the application; and ( b ) the same right of appeal as any party to the application. (7) Regulations may prescribe — ( a ) in relation to the notices mentioned in subsection (2)( a ) and ( b ) — (i) how a notice must be served; (ii) the form of a notice; (iii) the information to be stated in a notice; and (iv) the manner of verifying statements in a notice; and ( b ) what constitutes reasonable efforts for the purposes of subsection (2)( b )(ii).


document_id: ca-2021
provision_ref: s327
chapter: PART 6 - REMEDIES FOR AND BORDER ENFORCEMENT
section: 327
title: Variation and revocation of order
content:
327. —(1) The Court may vary an access disabling order if — ( a ) there is a material change of circumstances; or ( b ) it is otherwise appropriate to do so. [Act 22 of 2021 wef 01/04/2022] (2) The Court may revoke an access disabling order if — ( a ) there is further evidence to show that the order should not have been made; ( b ) the online location that is the subject of the order ceases to be a flagrantly infringing online location; or ( c ) it is otherwise appropriate to do so. [Act 22 of 2021 wef 01/04/2022] (3) An application to vary or revoke an access disabling order may be made by — ( a ) a party to the order; or ( b ) the owner of the online location that is the subject of the order.


document_id: ca-2021
provision_ref: s328
chapter: PART 6 - REMEDIES FOR AND BORDER ENFORCEMENT
section: 328
title: Application of presumptions
content:
328. The presumptions in Subdivision (4) of Division 9 of Part 3 and section 181 apply in an application for an access disabling order. Division 3 &#x2014; Border enforcement measures
against infringing goods Subdivision (1) &#x2014; Preliminary


document_id: ca-2021
provision_ref: s329
chapter: PART 6 - REMEDIES FOR AND BORDER ENFORCEMENT
section: 329
title: Interpretation of this Division
content:
329. In this Division — “customs officer” — ( a ) means an officer of customs as defined in section 3(1) of the Customs Act 1960; and ( b ) includes — (i) a person appointed under section 366(1); and (ii) a senior customs officer; “dealer”, in relation to seized goods — ( a ) means the importer or intending exporter of the seized goods, as the case may be; and ( b ) where the seizure was made under section 336, includes the consignee of the seized goods; “Director‑General” means the Director‑General of Customs appointed under section 4(1) of the Customs Act 1960; “goods in transit” means imported goods (whether or not landed or transhipped within Singapore) that are to be carried to another country either by the same or another conveyance; “infringement action” has the meaning given by section 331; “infringing goods” has the meaning given by section 330; “request to continue detention” means a request to continue detention under section 338; “request to seize” means a request to seize under section 332; “rights owner”, in relation to goods that are or incorporate (or are suspected to be or incorporate) a copyright work, includes any exclusive licensee of the copyright; “seized goods” means goods seized under Subdivision (2) or (3); “senior customs officer” — ( a ) means a senior officer of customs as defined in section 3(1) of the Customs Act 1960; and ( b ) includes a person appointed under section 366(2).


document_id: ca-2021
provision_ref: s330
chapter: PART 6 - REMEDIES FOR AND BORDER ENFORCEMENT
section: 330
title: Interpretation: what are infringing goods
content:
330. In this Division, “infringing goods” means — ( a ) goods that are or incorporate infringing copies of any of the following works: (i) an authorial work; (ii) a published edition of an authorial work; (iii) a sound recording; (iv) a film; (v) a broadcast; or ( b ) goods that are or incorporate infringing copies of a protected performance.


document_id: ca-2021
provision_ref: s331
chapter: PART 6 - REMEDIES FOR AND BORDER ENFORCEMENT
section: 331
title: Infringement actions to which this Division applies
content:
331. In this Division, “infringement action”, in relation to seized goods, means an action — ( a ) for a rights infringement constituted by the importation or making of the seized goods; and ( b ) brought by any person who is entitled to bring the action. Subdivision (2) &#x2014; Seizure on request


document_id: ca-2021
provision_ref: s332
chapter: PART 6 - REMEDIES FOR AND BORDER ENFORCEMENT
section: 332
title: Request to seize
content:
332. —(1) A person may request the Director‑General to seize goods if — ( a ) the person suspects that the goods are infringing goods of which the person is — (i) a rights owner; or (ii) a copyright licensee with the power to make a request under this section; and ( b ) the goods are not goods in transit. (2) A request must — ( a ) be served on the Director‑General in the prescribed manner and at the prescribed times; ( b ) be in the form specified by the Director‑General; ( c ) state the capacity in which the requestor is making the request; ( d ) state that infringing goods are expected to either be imported or exported; ( e ) provide enough information to — (i) identify the goods in question; (ii) enable the Director‑General to ascertain where and when the goods are expected to be imported or exported; and (iii) satisfy the Director‑General that the goods are infringing goods; ( f ) provide any information or evidence that is prescribed or required by the Director‑General; ( g ) be accompanied by the prescribed fee; and ( h ) be accompanied by the sum of money or the security required under section 349. (3) Regulations may prescribe further requirements in relation to a request to seize.


document_id: ca-2021
provision_ref: s333
chapter: PART 6 - REMEDIES FOR AND BORDER ENFORCEMENT
section: 333
title: Duration of request
content:
333. —(1) A request to seize is in force until it is revoked or expires under this section. (2) A request may be revoked at any time by a written notice given to the Director‑General by — ( a ) the requestor; or ( b ) any person who becomes the rights owner after the requestor. (3) A request expires on the earlier of the following: ( a ) 60 days after the request is served on the Director‑General; ( b ) when the goods in question cease to be infringing goods because the copyright in them, or the protection period of the performance, expires.


document_id: ca-2021
provision_ref: s334
chapter: PART 6 - REMEDIES FOR AND BORDER ENFORCEMENT
section: 334
title: Seizure on request
content:
334. A customs officer may seize goods (whether or not they are infringing goods) if — ( a ) a request to seize is made in respect of the goods; ( b ) the goods are imported or proposed to be exported; ( c ) the request is made in accordance with section 332; ( d ) the request is in force; ( e ) the requestor has deposited any sum of money, or gave any security, required under section 349; and ( f ) the goods are not goods in transit.


document_id: ca-2021
provision_ref: s335
chapter: PART 6 - REMEDIES FOR AND BORDER ENFORCEMENT
section: 335
title: Notice to bring action after seizure
content:
335. —(1) After goods have been seized under section 334, the Director‑General must give written notice to the requestor and the dealer. (2) The notice must — ( a ) identify the seized goods; ( b ) state that the goods have been seized; ( c ) state the recipient’s rights under section 351 (inspection of seized goods and removal of sample); and ( d ) state that the goods will be released to the dealer unless — (i) an infringement action is brought in relation to the goods within the prescribed time after the date specified in the notice; and (ii) the requestor informs the Director‑General of the action within that time. (3) The date mentioned in subsection (2)( d ) must not be earlier than the date on which the notice is given. (4) The notice may be given personally, by post or (if the recipient gives prior consent) by email. Subdivision (3) &#x2014; Seizure without request


document_id: ca-2021
provision_ref: s336
chapter: PART 6 - REMEDIES FOR AND BORDER ENFORCEMENT
section: 336
title: Inspection and seizure without request
content:
336. —(1) A customs officer may examine any goods (including goods in transit) that the officer reasonably suspects to be infringing goods. (2) Subject to subsection (3), a customs officer may seize goods that the officer reasonably suspects are — ( a ) infringing goods; and ( b ) imported or to be exported. (3) Subsection (2) does not apply to goods in transit, unless they are consigned to a person with a commercial or physical presence in Singapore.


document_id: ca-2021
provision_ref: s337
chapter: PART 6 - REMEDIES FOR AND BORDER ENFORCEMENT
section: 337
title: Notice of seizure
content:
337. —(1) After goods have been seized under section 336, the Director‑General must give written notice to — ( a ) any person whom the Director‑General considers to be a rights owner of the goods; and ( b ) the dealer. (2) The notice must — ( a ) identify the seized goods; ( b ) state that the goods have been seized; ( c ) state the recipient’s rights under section 351 (inspection of seized goods and removal of sample); and ( d ) state that the seized goods will be released to the dealer unless a request to continue detention is made in accordance with section 338. (3) The notice may be given personally, by post or (if the recipient gives prior consent) by email.


document_id: ca-2021
provision_ref: s338
chapter: PART 6 - REMEDIES FOR AND BORDER ENFORCEMENT
section: 338
title: Request to continue detention
content:
338. —(1) A person may request the Director‑General to continue to detain goods seized under section 336 if the person suspects that the goods are infringing goods of which the person is the rights owner. (2) A request must — ( a ) be made within the prescribed time after the date of the notice of seizure in section 337; ( b ) be served on the Director‑General in the prescribed manner and at the prescribed times; ( c ) be in the form specified by the Director‑General; ( d ) state that the requestor intends to bring an infringement action in relation to the seized goods; ( e ) provide any information or evidence that is prescribed or required by the Director‑General; ( f ) be accompanied by the prescribed fee; and ( g ) be accompanied by the sum of money or the security required by section 349, unless — (i) the required sum had earlier been deposited and has not been forfeited or returned; or (ii) the required security had earlier been given and remains effective. (3) Regulations may prescribe further requirements in relation to a request to continue detention.


document_id: ca-2021
provision_ref: s339
chapter: PART 6 - REMEDIES FOR AND BORDER ENFORCEMENT
section: 339
title: Release of seized goods if request not made
content:
339. If a request to continue detention in respect of goods seized under section 336 is not made in accordance with section 338, the Director‑General must release the goods.


document_id: ca-2021
provision_ref: s340
chapter: PART 6 - REMEDIES FOR AND BORDER ENFORCEMENT
section: 340
title: Notice to bring action if request made
content:
340. —(1) If a request to continue detention in respect of goods seized under section 336 is made in accordance with section 338, the Director‑General must give a written notice to the requestor and the dealer. (2) The notice must state that the goods will be released to the dealer unless — ( a ) an infringement action is brought in relation to the goods within the prescribed time after the date specified in the notice; and ( b ) the requestor informs the Director‑General of the action within that time. (3) The date mentioned in subsection (2)( a ) must not be earlier than the date on which the notice is given. (4) The notice may be given personally, by post or (if the recipient gives prior consent) by email. Subdivision (4) &#x2014; Infringement action after seizure


document_id: ca-2021
provision_ref: s341
chapter: PART 6 - REMEDIES FOR AND BORDER ENFORCEMENT
section: 341
title: Interpretation of this Subdivision
content:
341. In this Subdivision — “claim period” means the time within which an infringement action must be brought under section 342; “notice to bring action” — ( a ) in relation to goods seized under Subdivision (2) — means the notice under section 335; and ( b ) in relation to goods seized under Subdivision (3) — means the notice under section 340; “requestor” — ( a ) in relation to goods seized under Subdivision (2) — means the person who made the request to seize; and ( b ) in relation to goods seized under Subdivision (3) — means the person who made the request to continue detention.


document_id: ca-2021
provision_ref: s342
chapter: PART 6 - REMEDIES FOR AND BORDER ENFORCEMENT
section: 342
title: Time for requestor to bring action
content:
342. —(1) Subject to this section, where goods are seized under Subdivision (2) or (3), an infringement action in relation to the seized goods must be brought (whether by the requestor or any other entitled person) within the time specified in the notice to bring action. (2) The requestor or any other person entitled to bring an infringement action in relation to the seized goods may apply to the Director‑General for an extension of time, and the Director‑General may grant the extension if the Director‑General is satisfied that it is reasonable. (3) An extension of time — ( a ) starts on the expiry of the time specified in the notice to bring action; and ( b ) must be for the prescribed period. (4) An application must be made — ( a ) in writing; and ( b ) before the expiry of the time specified in the notice to bring action. (5) The Director‑General must decide on an application within 2 working days after the application is made. (6) However, a decision may not be made on an application after the expiry of the period specified in the notice to bring action.


document_id: ca-2021
provision_ref: s343
chapter: PART 6 - REMEDIES FOR AND BORDER ENFORCEMENT
section: 343
title: Failure to bring action — release of seized goods
content:
343. —(1) This section applies if — ( a ) no infringement action in relation to the seized goods is brought within the claim period; or ( b ) the Director‑General is not informed in writing of the action within the claim period. (2) The Director‑General must release the seized goods to the dealer unless — ( a ) the Government or any public body is required or permitted by any other law to retain the seized goods; or ( b ) the seized goods are forfeited to the Government under section 355.


document_id: ca-2021
provision_ref: s344
chapter: PART 6 - REMEDIES FOR AND BORDER ENFORCEMENT
section: 344
title: Failure to bring action — compensation for seizure
content:
344. —(1) If no infringement action is brought in relation to the seized goods within the claim period, a person aggrieved by the seizure may apply to the Court for an order of compensation against the requestor. (2) The Court may order compensation if it is satisfied that the aggrieved person has suffered loss or damage because of the seizure.


document_id: ca-2021
provision_ref: s345
chapter: PART 6 - REMEDIES FOR AND BORDER ENFORCEMENT
section: 345
title: Infringement action — orders in relation to seized goods
content:
345. —(1) This section applies if — ( a ) an infringement action is brought in relation to the seized goods; and ( b ) the seized goods are not forfeited to the Government under section 355 or released when the action is brought. (2) The Court may, in addition to granting any other remedy — ( a ) at any time but subject to subsection (3), order that the seized goods be released to the dealer, either with or without conditions; ( b ) order that the seized goods must not be released to the dealer before the end of a specified period; or ( c ) order that the seized goods be forfeited to the Government. (3) An order may not be made under subsection (2)( a ) if the Government or any public body is required or permitted under any law to retain control of the seized goods. (4) The Director‑General must comply with any order made under subsection (2). (5) If an order is made under subsection (2)( c ), the seized goods must be disposed of — ( a ) in any prescribed manner; or ( b ) if no manner of disposal is prescribed, as the Director‑General directs. (6) If no order is made under subsection (2) in relation to the seized goods, the Director‑General is not obliged to release the seized goods to the dealer if the Government or any public body is required or permitted under any law to retain control of the seized goods.


document_id: ca-2021
provision_ref: s346
chapter: PART 6 - REMEDIES FOR AND BORDER ENFORCEMENT
section: 346
title: Infringement action — release of seized goods if no contrary order made
content:
346. —(1) This section applies if — ( a ) an infringement action is brought in relation to the seized goods; ( b ) the seized goods have not been forfeited to the Government under section 355 or released when the action is brought; and ( c ) on the 22nd day after the day on which the action is brought, there is no Court order that prevents the release of the seized goods. (2) The Director‑General must release the seized goods to the dealer, unless the Government or any public body is required or permitted by any law to retain control of the seized goods.


document_id: ca-2021
provision_ref: s347
chapter: PART 6 - REMEDIES FOR AND BORDER ENFORCEMENT
section: 347
title: Infringement action — compensation if action dismissed, etc.
content:
347. —(1) This section applies if — ( a ) an infringement action is brought in relation to the seized goods; ( b ) the action is dismissed or discontinued, or the Court decides that the importation or making of the seized goods is not a rights infringement; and ( c ) the Court is satisfied that the defendant has suffered loss and damage because of the seizure. (2) The Court may order the requestor to pay compensation to the defendant.


document_id: ca-2021
provision_ref: s348
chapter: PART 6 - REMEDIES FOR AND BORDER ENFORCEMENT
section: 348
title: Infringement action — further provisions
content:
348. —(1) If an infringement action is brought in relation to seized goods, the Court may, on the application of a person having sufficient interest in the seized goods, allow the person to be joined as a defendant. (2) A customs officer has the right to be heard in an infringement action relating to seized goods. Subdivision (5) &#x2014; Supplementary provisions on seizure


document_id: ca-2021
provision_ref: s349
chapter: PART 6 - REMEDIES FOR AND BORDER ENFORCEMENT
section: 349
title: Security for request to seize or continue detention
content:
349. —(1) A person who makes a request to seize or a request to continue detention must — ( a ) deposit with the Director‑General a sum of money that, in the Director‑General’s opinion, is enough for the purposes in subsection (2); or ( b ) give security, in a form and for an amount satisfactory to the Director‑General, for the purposes in subsection (2). (2) The purposes are to — ( a ) reimburse the Government for any liability or reasonable expense that the Government is likely to incur in relation to the seizure, storage and disposal of the goods in question; and ( b ) pay any compensation ordered by the Court under section 344 or 347.


document_id: ca-2021
provision_ref: s350
chapter: PART 6 - REMEDIES FOR AND BORDER ENFORCEMENT
section: 350
title: Direction for secure storage
content:
350. The Director‑General may direct any of the following persons to take seized goods to a place that the Director‑General considers to be secure: ( a ) the person in possession, custody or control of those goods immediately before they were seized; ( b ) the person who made the request to seize or the request to continue detention.


document_id: ca-2021
provision_ref: s351
chapter: PART 6 - REMEDIES FOR AND BORDER ENFORCEMENT
section: 351
title: Inspecting, or removing sample of, seized goods
content:
351. —(1) In this section, “relevant person” means — ( a ) in relation to goods seized under Subdivision (2) — the person who made the request to seize; and ( b ) in relation to goods seized under Subdivision (3) — a person who may make a request to continue detention in respect of those goods (whether or not a request is made). (2) The Director‑General may permit the dealer or a relevant person to — ( a ) inspect the seized goods; or ( b ) subject to subsection (3), remove a sample of the seized goods for inspection. (3) Before a person removes a sample of the seized goods for inspection, the person must give a written undertaking to the Director‑General that the person will — ( a ) return the sample to the Director‑General at a specified time; and ( b ) take reasonable care to prevent damage to the sample. (4) If the Director‑General permits a relevant person to inspect or remove a sample from the seized goods under this section, the Director‑General is not liable to the dealer for any loss and damage suffered by the dealer because of — ( a ) any damage caused to any of the seized goods during the inspection; or ( b ) anything done by the relevant person or any other person to, or in relation to, the sample (including any use made of the sample).


document_id: ca-2021
provision_ref: s352
chapter: PART 6 - REMEDIES FOR AND BORDER ENFORCEMENT
section: 352
title: Power of customs officer, etc., to require information after seizure
content:
352. —(1) This section applies where — ( a ) goods are seized under Subdivision (2); or ( b ) goods are seized under Subdivision (3) (whether or not a request to continue detention is made in respect of those goods). (2) A customs officer may, at any time after the seizure, require a person to provide any information or document at a time and place specified by the officer if — ( a ) the officer considers that the information or document — (i) would enable the Director‑General to satisfy a request for information under section 353 (whether or not a request has been made); (ii) would enable any action to be taken under Subdivision (2) or (3) in respect of future shipments of goods; or (iii) is relevant for any statistical or research purpose; and ( b ) the officer has reasonable cause to believe that the person has the information or document. (3) A person commits an offence if — ( a ) the person, without reasonable excuse, fails to comply with a requirement under subsection (2); or ( b ) in response to a requirement under subsection (2), knowingly or recklessly provides any information or document that is false or misleading in a material particular. (4) A person who commits an offence under subsection (3) 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. (5) A person is not excused from providing any information or document pursuant to a requirement under subsection (2) just because the information or document might tend to incriminate the person. (6) Any information or document provided by a person ( X ) pursuant to a requirement under subsection (2) is not admissible in any criminal proceedings against X , but only if — ( a ) X claims, before providing the information or document, that the information or document might tend to incriminate X ; and ( b ) the proceedings are not for an offence under subsection (3). (7) Any information or document provided in response to a requirement under subsection (2) must not be published, or communicated or disclosed to any person, unless the publication, communication or disclosure is necessary for any purpose in subsection (2)( a )(i), (ii) and (iii). (8) A person who contravenes subsection (7) 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.


document_id: ca-2021
provision_ref: s353
chapter: PART 6 - REMEDIES FOR AND BORDER ENFORCEMENT
section: 353
title: Requestor may ask for identity, etc., of person connected with seized goods
content:
353. —(1) This section applies where — ( a ) goods are seized under Subdivision (2); or ( b ) goods are seized under Subdivision (3), and a request to continue detention is made in respect of those goods. (2) The person who made the request to seize or the request to continue detention may apply to the Director‑General for the name and contact details of any person connected with the import or proposed export of the seized goods. (3) The Director‑General may provide the requested name and contact details if the Director‑General is satisfied that the applicant needs the information to bring an infringement action. (4) Subsection (3) applies despite any duty of confidentiality imposed by the common law that the Director‑General (or his or her delegate) is subject to.


document_id: ca-2021
provision_ref: s354
chapter: PART 6 - REMEDIES FOR AND BORDER ENFORCEMENT
section: 354
title: Notice of release
content:
354. —(1) This section applies in any case where the Director‑General is required by any provision of this Division to release seized goods to the dealer. (2) The Director‑General must — ( a ) give prior written notice of the release to the dealer; and ( b ) specify in the notice the period within which the dealer must take custody of the seized goods. (3) If the dealer fails to take custody of the seized goods within the specified period, the seized goods may be disposed of — ( a ) in any prescribed manner; or ( b ) if no manner of disposal is prescribed, as the Director‑General directs.


document_id: ca-2021
provision_ref: s355
chapter: PART 6 - REMEDIES FOR AND BORDER ENFORCEMENT
section: 355
title: Forfeiture by consent
content:
355. —(1) A dealer may consent to forfeiting seized goods to the Government by giving written notice to the Director‑General. (2) The notice must — ( a ) be given before — (i) any infringement action is brought in relation to the seized goods; and (ii) any written notice under section 356 consenting to the release of the seized goods to the dealer; and ( b ) be accompanied by the prescribed written undertakings. (3) If subsections (1) and (2) are satisfied, the seized goods are forfeited to the Government and must be disposed of — ( a ) in any prescribed manner; or ( b ) if no manner of disposal is prescribed, as the Director‑General directs.


document_id: ca-2021
provision_ref: s356
chapter: PART 6 - REMEDIES FOR AND BORDER ENFORCEMENT
section: 356
title: Release by consent
content:
356. —(1) A person who made a request to seize or a request to continue detention may consent to releasing the seized goods to the dealer by giving written notice to the Director‑General. (2) The Director‑General must release the seized goods to the dealer unless — ( a ) the Government or any public body is required or permitted by any law to retain control of the seized goods; or ( b ) the Court orders otherwise under section 345.


document_id: ca-2021
provision_ref: s357
chapter: PART 6 - REMEDIES FOR AND BORDER ENFORCEMENT
section: 357
title: Release for non‑compliance with directions, etc.
content:
357. —(1) The Director‑General or a customs officer may refuse to seize goods and may release any seized goods if any direction of the Director‑General, or any prescribed requirement, is not complied with. (2) Subsection (1) does not require the Director‑General to release any seized goods if the Government or any public body is required or permitted under any law to retain control of the goods.


document_id: ca-2021
provision_ref: s358
chapter: PART 6 - REMEDIES FOR AND BORDER ENFORCEMENT
section: 358
title: Unsecured expenses of Director‑General
content:
358. —(1) This section applies where — ( a ) the Director‑General incurs reasonable expenses in taking any action under this Division in relation to seized goods (including taking any action in accordance with a court order); and ( b ) the expenses exceed the sum deposited, or the security given, under section 349 by the person or persons who made the request to seize or the request to continue detention in respect of the seized goods. (2) The excess is a debt due — ( a ) to the Government; and ( b ) by that person, or by those persons jointly and severally. Subdivision (6) &#x2014; Powers to search for seizable
infringing goods


document_id: ca-2021
provision_ref: s359
chapter: PART 6 - REMEDIES FOR AND BORDER ENFORCEMENT
section: 359
title: Interpretation of this Subdivision
content:
359. In this Subdivision — “aircraft”, “conveyance”, “master”, “pilot of an aircraft”, “vehicle” and “vessel” have the meanings given by section 2 of the Regulation of Imports and Exports Act 1995; “seizable goods” means goods that may be seized under Subdivision (2) or (3).


document_id: ca-2021
provision_ref: s360
chapter: PART 6 - REMEDIES FOR AND BORDER ENFORCEMENT
section: 360
title: Powers to search vessels, aircrafts and vehicles
content:
360. —(1) A senior customs officer may — ( a ) board any conveyance in Singapore; and ( b ) rummage and search all parts of the conveyance for seizable goods. (2) In order to effectively exercise the power under subsection (1), a senior customs officer may do all or any of the following: ( a ) order the master of any vessel in Singapore to heave to; ( b ) order the master of any vessel or the pilot of any aircraft in Singapore that the vessel or aircraft must not proceed unless permitted by the officer; ( c ) order a person to produce for inspection any documents that — (i) ought to be on board any vessel or aircraft; and (ii) relate to any goods on the vessel or aircraft; ( d ) break open and forcibly enter any place or receptacle in any conveyance to which the officer cannot otherwise reasonably obtain access; ( e ) order the master of any vessel in Singapore to cause the vessel to proceed to a specified anchorage, wharf or place to which the vessel may lawfully go; ( f ) order the master of any vessel in Singapore to move or discharge any cargo or other goods in the vessel; ( g ) order 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 ) order that any goods from or placed in any vessel may not be removed unless permitted by the officer; ( i ) order the master of any vessel or the pilot of any aircraft to produce — (i) a complete manifest of the whole cargo of the vessel or aircraft; and (ii) a complete list of stores carried by that vessel or aircraft; ( j ) take any necessary steps that the officer considers necessary to secure compliance by any vessel or aircraft with an order under this section. (3) A customs officer (not being a senior customs officer) may — ( a ) exercise the power in subsection (1), but only at the general or specific directions of a senior customs officer; and ( b ) exercise the powers in subsection (2) but — (i) not the powers in paragraphs ( d ) and ( j ) of that subsection; and (ii) only in respect of — (A) a vehicle or vessel of 75 tons net tonnage or less; or (B) a vessel under way if the officer reasonably suspects that the vessel is not in transit through Singapore. (4) A customs officer (not being a senior customs officer) who does any act in purported exercise of any power under this section is presumed, unless the contrary is proved, to have done that act at the general or specific directions of a senior customs officer. (5) A person who fails to comply with an order under subsection (2) 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.


document_id: ca-2021
provision_ref: s361
chapter: PART 6 - REMEDIES FOR AND BORDER ENFORCEMENT
section: 361
title: Examination and search of packages, etc.
content:
361. —(1) The powers under subsections (2) and (3) may be exercised in relation to an article if — ( a ) the article is being imported or exported, or has recently been imported; and ( b ) the officer reasonably suspects that the article is or contains seizable goods. (2) A customs officer may — ( a ) examine and search the article; ( b ) detain the article until any person in charge of the article opens it for examination and search; ( c ) perform any process to verify whether the article is or contains seizable goods; ( d ) perform any test or analysis on the article; or ( e ) mark, lock, seal or otherwise secure the article pending examination or search. (3) A senior customs officer may forcibly open, or order any person to forcibly open, the article for the purpose of examination or search. (4) In exercising the power under subsection (3), a senior customs officer must give the person in charge of the article every reasonable facility to be present at the opening, examination and search. (5) It is an offence for a person (other than a customs officer) to remove, open, break or tamper with any mark, lock, seal or other means that is used to secure an article in exercise of the power in subsection (2)( e ). (6) A person who commits an offence under subsection (5) 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. (7) In this section and section 362, “article” includes a package, a box, a chest and goods.


document_id: ca-2021
provision_ref: s362
chapter: PART 6 - REMEDIES FOR AND BORDER ENFORCEMENT
section: 362
title: Removal of packages, etc., to police station, etc., for examination and search
content:
362. —(1) For the more convenient exercise of the powers under section 361, a customs officer may — ( a ) remove an article to a police station or an examination station; or ( b ) order the article to be so removed by the owner of the article, the owner’s agent, or any person who has custody, charge or control of the article. (2) A person who fails to comply with an order under subsection (1)( b ) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $6,000. (3) If a person fails to comply with an order under subsection (1)( b ) in relation to an article — ( a ) a customs officer may remove the article under subsection (1)( a ); and ( b ) any expense of the removal, as certified by a senior customs officer, may be recovered as a fine from that person or the owner of the article.


document_id: ca-2021
provision_ref: s363
chapter: PART 6 - REMEDIES FOR AND BORDER ENFORCEMENT
section: 363
title: Search of travellers and baggage
content:
363. —(1) This section applies to a person (called in this section a traveller) — ( a ) who is landing, is about to land, or has recently landed, from any vessel or aircraft; ( b ) who is leaving any vessel or aircraft in Singapore (whether to land or for any other purpose); or ( c ) who is entering or has recently entered Singapore by land, sea or air. (2) A customs officer (not being a senior customs officer) may demand that — ( a ) the traveller permits his or her person and goods to be searched by the officer for any seizable goods; or ( b ) the traveller — (i) goes, together with the traveller’s goods, to a police station or an examination station; and (ii) permits his or her person and goods to be searched there, in the presence and under the supervision of a senior customs officer, for seizable goods. (3) A senior customs officer may demand that — ( a ) the traveller permits his or her person and goods to be searched by the officer for any seizable goods; or ( b ) the traveller permits his or her person and goods to be searched, in the presence and under the supervision of the officer, for any seizable goods. (4) A woman must not be searched under this section except by a woman and with strict regard to decency. (5) If a traveller requests to be present when his or her goods are searched, the goods may not be searched unless — ( a ) the traveller is present; or ( b ) the traveller is absent despite being given a reasonable facility to be present. (6) A traveller who refuses to comply with a demand under this section may be arrested without warrant by the officer making the demand. (7) In this section, “goods” includes baggage.


document_id: ca-2021
provision_ref: s364
chapter: PART 6 - REMEDIES FOR AND BORDER ENFORCEMENT
section: 364
title: Powers to enter certain premises
content:
364. —(1) For the purpose of exercising any power under section 360, 361, 362 or 363, a customs officer may, without warrant, enter — ( a ) any islet, landing place, wharf, dock, railway or quay; ( b ) any premises of a provider of port services or facilities licensed or exempted under the Maritime and Port Authority of Singapore Act 1996; or ( c ) any premises of any airport operated under a licence or exemption under the Civil Aviation Authority of Singapore Act 2009. (2) In this section, “railway” has the meaning given by the Railways Act 1905.


document_id: ca-2021
provision_ref: s365
chapter: PART 6 - REMEDIES FOR AND BORDER ENFORCEMENT
section: 365
title: Obstruction of customs officers
content:
365. —(1) A person commits an offence if he or she — ( a ) refuses any customs officer access to any vessel, aircraft, vehicle or place that the officer is entitled to under this Subdivision; or ( b ) obstructs or hinders any customs officer in the exercise of any power conferred on that officer by this Subdivision. (2) A person who commits an offence under subsection (1) 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. Subdivision (7) &#x2014; Administration of this Division


document_id: ca-2021
provision_ref: s366
chapter: PART 6 - REMEDIES FOR AND BORDER ENFORCEMENT
section: 366
title: Appointment of persons to exercise powers and duties of customs officers
content:
366. —(1) The Minister may appoint any person, or class of persons, to exercise the powers and perform the duties of a customs officer under this Division (including any subsidiary legislation relating to this Division). (2) The Minister may appoint any person, or class of persons, to exercise the powers and perform the duties of a senior customs officer under this Division (including any subsidiary legislation relating to this Division). (3) An appointment under this section must be published in the Gazette . [Act 5 of 2025 wef 09/03/2025]


document_id: ca-2021
provision_ref: s367
chapter: PART 6 - REMEDIES FOR AND BORDER ENFORCEMENT
section: 367
title: Delegation of Director‑General’s powers
content:
367. —(1) Subject to this section, the Director‑General may delegate any of his or her powers and duties under this Division (including any subsidiary legislation relating to this Division) to a senior officer of customs as defined in section 3(1) of the Customs Act 1960. (2) A delegation under subsection (1) may be subject to any conditions specified by the Director‑General. (3) The power in subsection (1) may not be delegated.


document_id: ca-2021
provision_ref: s368
chapter: PART 6 - REMEDIES FOR AND BORDER ENFORCEMENT
section: 368
title: Fees
content:
368. The Minister charged with the responsibility for customs duties may make regulations to prescribe the fees payable to the Director‑General for the administration of this Division, including fees for the following purposes: ( a ) for the escort of a conveyance conveying seized goods; ( b ) for a customs officer to attend the inspection or destruction of seized goods; ( c ) for the attendance of a customs officer in connection with any other act or service under this Division.


document_id: ca-2021
provision_ref: s369
chapter: PART 7 - ADDITIONAL RIGHTS RELATING TO
section: 369
title: Interpretation of this Division
content:
369. In this Division — “moral right” means a right under this Division; “name” includes initials or a monogram.


document_id: ca-2021
provision_ref: s370
chapter: PART 7 - ADDITIONAL RIGHTS RELATING TO
section: 370
title: Application
content:
370. The moral rights in this Division apply only — ( a ) in relation to an authorial work in which copyright subsists; ( b ) for the period during which copyright subsists in the work; and ( c ) in relation to the whole or any substantial part of the work.


document_id: ca-2021
provision_ref: s371
chapter: PART 7 - ADDITIONAL RIGHTS RELATING TO
section: 371
title: Right to be identified
content:
371. —(1) Subject to the provisions of this Division, the author of an authorial work has the moral right to be so identified, and that right is infringed if a person fails to identify the author — ( a ) in the circumstances mentioned in section 372; or ( b ) in the manner required by section 373. (2) In the case of a work of joint authorship, the right in subsection (1) — ( a ) is a right of each joint author to be identified as an author; and ( b ) is not infringed in relation to a joint author if another joint author is not identified. Illustration A1 and A2 are the joint authors of an authorial work. The circumstances in section 372 apply. A1 is identified in the manner required by section 373; A2 is not. A1 ’s moral right to be identified is not infringed. A2 ’s moral right to be identified is infringed.


document_id: ca-2021
provision_ref: s372
chapter: PART 7 - ADDITIONAL RIGHTS RELATING TO
section: 372
title: Right to be identified — when should an author be identified
content:
372. —(1) A person must identify the author of a dramatic or literary work (other than a literary work mentioned in subsection (2)) whenever the person — ( a ) publishes the work; ( b ) performs the work in public; ( c ) communicates the work to the public; ( d ) causes to be seen in public a film that includes the work; ( e ) supplies to the public copies of a film that includes the work; ( f ) supplies to the public copies of a sound recording that includes the work; or ( g ) does any of the acts mentioned in paragraphs ( a ) to ( f ) in relation to an adaptation of the work. (2) A person must identify the author of a musical work, or a literary work consisting of words intended to be sung or spoken with music, whenever the person — ( a ) publishes the work; ( b ) causes to be seen in public a film, the soundtrack of which includes the work; ( c ) supplies to the public copies of a sound recording that includes the work; ( d ) supplies to the public copies of a film, the soundtrack of which includes the work; or ( e ) does any of the acts mentioned in paragraphs ( a ) to ( d ) in relation to an adaptation of the work. (3) A person must identify the author of an artistic work whenever the person — ( a ) publishes the work; ( b ) exhibits the work in public; ( c ) communicates a visual image of the work to the public; ( d ) causes to be seen in public a film that includes a visual image of the work; ( e ) supplies to the public copies of a film that includes a visual image of the work; or ( f ) in the case of the following works, supplies to the public copies of a photograph or graphic representation of the work: (i) a work of architecture in the form of a building or a model of a building; (ii) a sculpture; (iii) a work of artistic craftsmanship. (4) In addition to subsection (3), the author of an artistic work in the form of a building must be identified on the first building that embodies the work.


document_id: ca-2021
provision_ref: s373
chapter: PART 7 - ADDITIONAL RIGHTS RELATING TO
section: 373
title: Right to be identified — how should an author be identified
content:
373. —(1) Where an author has a moral right to be identified, he or she must be identified in accordance with this section. (2) The author must be identified — ( a ) in the way that the author wishes to be identified (for example, by the author’s true name or a pseudonym), but only if — (i) the author has made his or her wishes known, either generally or to the person who is required to identify the author; and (ii) it is reasonable in the circumstances to identify the author in that way; and ( b ) in any other case, by any reasonable form of identification. Illustration An author may make known his or her wish to be identified in a certain way by identifying himself or herself in that way when making or publishing the authorial work. (3) Where the joint authors of an authorial work use a group name, each of them is sufficiently identified by using the group name. (4) In every case, the identification must be clear and reasonably prominent. (5) An identification is reasonably prominent if — ( a ) in a case where copies are supplied — (i) the identification appears in or on each copy; or (ii) if that is not appropriate, the identification is likely to be noticed by a person acquiring a copy; ( b ) in the case of a building — the identification is visible to persons entering or approaching the building; and ( c ) in any other case — the identification is likely to be noticed by a person seeing or hearing the performance, exhibition, showing or communication, as the case may be.


document_id: ca-2021
provision_ref: s374
chapter: PART 7 - ADDITIONAL RIGHTS RELATING TO
section: 374
title: Right to be identified — exception where author not known
content:
374. —(1) Section 371 does not require a person to identify the author of an authorial work if, at or during the material time, the identity of the author — ( a ) is not generally known; ( b ) is not known to the person; and ( c ) could not reasonably be ascertained by the person. Illustration The identity of an author is known if the author is known by some name other than his or her true name. (2) In subsection (1), “material time” — ( a ) in relation to section 372(1), (2) and (3), means the time at or during which the relevant act in those provisions is done; and ( b ) in relation to section 372(4), means the time during which the building is constructed.


document_id: ca-2021
provision_ref: s375
chapter: PART 7 - ADDITIONAL RIGHTS RELATING TO
section: 375
title: Right to be identified — exception for certain authorial works
content:
375. Section 371 does not apply in relation to the following authorial works: ( a ) a computer program; ( b ) any authorial work, if — (i) the work is made by the author in the course of his or her employment; and (ii) the author’s employer is the first owner of the copyright in the work; ( c ) any authorial work, if — (i) the Government is the first owner of the copyright in the work; and (ii) the author has not been identified in or on any published copy of the work; ( d ) any prescribed authorial work.


document_id: ca-2021
provision_ref: s376
chapter: PART 7 - ADDITIONAL RIGHTS RELATING TO
section: 376
title: Right to be identified — exception for certain permitted uses
content:
376. Section 371 does not apply — ( a ) where a person does an act that is a permitted use of an authorial work under any of the following provisions: (i) section 202 (examination purposes); (ii) section 265 (artistic works in public places); (iii) section 266 (incidental inclusion in film, television broadcast or cable programme); (iv) section 290 (judicial proceedings); (v) Division 14 of Part 5 (artistic works with corresponding designs and industrially applied artistic works); ( b ) where a person does an act in relation to an authorial work that is a fair use for the purpose of reporting news under Division 2 of Part 5; or ( c ) in any prescribed circumstances.


document_id: ca-2021
provision_ref: s377
chapter: PART 7 - ADDITIONAL RIGHTS RELATING TO
section: 377
title: Right to be identified — transitional exceptions
content:
377. —(1) The right in section 371 — ( a ) does not apply to an author who died before 21 November 2021; ( b ) does not, despite section 523, apply to a film that is treated as a dramatic work by that section; and ( c ) is not infringed by anything done or omitted to be done before 21 November 2021. (2) In the case of an authorial work made before 21 November 2021, section 371 does not apply — ( a ) if the author is the first owner of the copyright in the work — to any act that, by virtue of an assignment of that copyright made or a licence granted by the author before 21 November 2021, does not infringe that copyright; and ( b ) if another person is the first owner of the copyright in the work — (i) to any act done by that person; and (ii) to any act that does not infringe that copyright by virtue of — (A) an assignment of that copyright; or (B) a licence granted by that person or by a subsequent owner of that copyright. [Act 31 of 2022 wef 01/11/2022]


document_id: ca-2021
provision_ref: s378
chapter: PART 7 - ADDITIONAL RIGHTS RELATING TO
section: 378
title: Right against false identification
content:
378. —(1) The author ( A ) of an authorial work has the moral right to not have any other person ( F ) identified as the author of the work, and a person ( X ) infringes that right in the circumstances mentioned in subsections (2), (3) and (4). (2) X infringes the right in subsection (1) if — ( a ) X affixes or inserts F ’s name in, or on, the work or a copy of the work; and ( b ) the affixation or insertion is done in a way that implies that — (i) F is the author of the work; or (ii) the work is an adaptation of a work by F . (3) X infringes the right in subsection (1) if — ( a ) X performs the work in public or communicates the work to the public; ( b ) the performance or communication is done in a way that implies that — (i) F is the author of the work; or (ii) the work is an adaptation of a work by F ; and ( c ) X knows that the implication in paragraph ( b )(i) or (ii) (as the case may be) is false. (4) X infringes the right in subsection (1) if — ( a ) F ’s name is affixed or inserted (whether before, on or after 21 November 2021) in or on a copy of the work; ( b ) the affixation or insertion is done in a way that implies that — (i) F is the author of the work; or (ii) the work is an adaptation of a work by F ; ( c ) X knows that the implication in paragraph ( b )(i) or (ii) (as the case may be) is false; and ( d ) X — (i) publishes the copy; (ii) deals commercially in the copy; or (iii) distributes the copy. (5) For the purposes of subsection (4), “copy”, in relation to a work, includes the work itself. (6) To avoid doubt, X and F could be the same person. (7) In the case of a work of joint authorship, an infringement of the right in subsection (1) is an infringement of each joint author’s right. Illustration A1 and A2 are the joint authors of an authorial work. X affixes the names of A1 and F on a copy of the work in a way that implies that A1 and F are joint authors of the work. X has infringed the rights of both A1 and A2 under subsection (1) read with subsection (2).


document_id: ca-2021
provision_ref: s379
chapter: PART 7 - ADDITIONAL RIGHTS RELATING TO
section: 379
title: Right not to be falsely identified as author of copy of artistic work
content:
379. —(1) The author of an artistic work has the moral right not to be identified as the author of a copy of the work that was not made by him or her. (2) A person infringes the right in subsection (1) if — ( a ) the person — (i) publishes a copy of the work as being made by the author; (ii) deals commercially in a copy of the work as being made by the author; or (iii) distributes a copy of the work as being made by the author; and ( b ) the person knows that the copy is not made by the author.


document_id: ca-2021
provision_ref: s380
chapter: PART 7 - ADDITIONAL RIGHTS RELATING TO
section: 380
title: Right not to have altered copy represented as unaltered
content:
380. —(1) The author of an authorial work has the moral right not to have an altered copy of the work represented as being unaltered. (2) A person infringes the right in subsection (1) if — ( a ) the person — (i) publishes an altered copy of the work as being unaltered; (ii) deals commercially in an altered copy of the work as being unaltered; or (iii) distributes an altered copy of the work as being unaltered; and ( b ) the person knows that — (i) the copy is an altered copy; and (ii) the alteration is not made by the author. (3) In the case of a work of joint authorship — ( a ) any infringement of the right in subsection (1) is an infringement of each joint author’s right; and ( b ) the reference to the author in subsection (2)( b ) is a reference to all the joint authors. (4) In this section, “copy”, in relation to a work, includes the work itself.


document_id: ca-2021
provision_ref: s381
chapter: PART 7 - ADDITIONAL RIGHTS RELATING TO
section: 381
title: Moral rights not infringed by acts, etc., outside Singapore
content:
381. Despite any provision of this Division, the moral rights of an author are not infringed by any act done outside Singapore or any omission in relation to an act done outside Singapore.


document_id: ca-2021
provision_ref: s382
chapter: PART 7 - ADDITIONAL RIGHTS RELATING TO
section: 382
title: Consent and formal waiver
content:
382. —(1) Despite any provision of this Division, the moral rights of an author are not infringed by any act or omission to which the author consented (whether in writing or otherwise). (2) The moral rights of an author may be formally waived by the author. (3) A formal waiver is valid only if it is — ( a ) made in writing; and ( b ) signed by the author. (4) A formal waiver may — ( a ) relate to a specific authorial work, to authorial works of a specified description or to authorial works generally; ( b ) relate to existing or future authorial works; ( c ) relate to some or all moral rights; ( d ) be conditional or unconditional; and ( e ) be expressed to be revocable. (5) Subject to any contrary intention in the waiver, a formal waiver in favour of a person who is the owner or prospective owner of the copyright in the authorial work or works to which the waiver relates is presumed to extend to the person’s licensees and successors in title. (6) To avoid doubt, this section does not affect the operation of the general law of contract or estoppel in relation to an informal waiver or any other transaction in relation to moral rights.


document_id: ca-2021
provision_ref: s383
chapter: PART 7 - ADDITIONAL RIGHTS RELATING TO
section: 383
title: Action for infringement of moral rights
content:
383. The author of an authorial work may bring an action in the Court against any person who infringes any of the author’s moral rights.


document_id: ca-2021
provision_ref: s384
chapter: PART 7 - ADDITIONAL RIGHTS RELATING TO
section: 384
title: Limitation of action
content:
384. An action may not be brought in respect of an infringement of an author’s moral rights more than 6 years after the infringement takes place.


document_id: ca-2021
provision_ref: s385
chapter: PART 7 - ADDITIONAL RIGHTS RELATING TO
section: 385
title: Remedies
content:
385. —(1) The remedies that the Court may grant for an infringement of moral rights include — ( a ) an injunction (which may be subject to terms); and ( b ) damages. (2) In deciding on the appropriate remedy, the Court must consider all relevant matters, including — ( a ) whether the defendant was aware, or ought reasonably to have been aware, of the author’s moral rights; ( b ) the number and categories of people who have seen or heard the work; ( c ) anything done by the defendant to mitigate the effects of the infringement; ( d ) in the case of the moral right under section 371 (right to be identified) — the cost or difficulty (if any) of identifying the author; ( e ) the cost or difficulty (if any) of reversing the infringement; ( f ) any practice in the industry in which the work is used that is relevant to the work or the use of the work; and ( g ) the damage caused to the author by the infringement, including any loss of income.


document_id: ca-2021
provision_ref: s387
chapter: PART 7 - ADDITIONAL RIGHTS RELATING TO
section: 387
title: Devolution on death
content:
387. —(1) When an author dies — ( a ) the author’s moral rights devolve to his or her personal legal representative; and ( b ) any damages recovered in an action under section 383 by the personal legal representative form part of the author’s estate. (2) To avoid doubt, any consent or waiver given by an author in relation to the author’s moral rights binds his or her personal legal representative.


document_id: ca-2021
provision_ref: s388
chapter: PART 7 - ADDITIONAL RIGHTS RELATING TO
section: 388
title: Other rights not affected
content:
388. —(1) Subject to this section, this Division does not affect any right of action or other remedy (whether civil or criminal) in proceedings brought otherwise than by virtue of this Division. (2) Any damages recovered in an action under section 383 must be considered in assessing damages in any other proceedings arising out of the same transaction (and vice versa). Division 2 &#x2014; Performer’s moral rights


document_id: ca-2021
provision_ref: s389
chapter: PART 7 - ADDITIONAL RIGHTS RELATING TO
section: 389
title: Interpretation of this Division
content:
389. In this Division — “moral right” means a right under this Division; “name” includes initials or a monogram.


document_id: ca-2021
provision_ref: s390
chapter: PART 7 - ADDITIONAL RIGHTS RELATING TO
section: 390
title: Application of moral rights
content:
390. The moral rights in this Division apply only — ( a ) in relation to a performance that is a protected performance; ( b ) for the protection period of the performance; and ( c ) in relation to the whole or any substantial part of the performance.


document_id: ca-2021
provision_ref: s391
chapter: PART 7 - ADDITIONAL RIGHTS RELATING TO
section: 391
title: Right to be identified
content:
391. —(1) Subject to the provisions of this Division, the performer of a protected performance has the moral right to be so identified, and that right is infringed if a person fails to identify the performer — ( a ) in the circumstances mentioned in section 392; or ( b ) in the manner required by section 393. (2) In the case of a performance given by 2 or more performers, the right in subsection (1) — ( a ) is a right of each performer to be identified as a performer; and ( b ) is not infringed in relation to a performer if another performer is not identified. Illustration P1 and P2 give a performance. The circumstances in section 392 apply. P1 is identified in the manner required by section 393; P2 is not. P1 ’s moral right to be identified is not infringed. P2 ’s moral right to be identified is infringed.


document_id: ca-2021
provision_ref: s392
chapter: PART 7 - ADDITIONAL RIGHTS RELATING TO
section: 392
title: Right to be identified — when should a performer be identified
content:
392. A person ( X ) must identify the performer of a protected performance — ( a ) if the performance is given in public and produced or put on by X ; ( b ) if X communicates the performance live to the public; ( c ) whenever X makes available a recording of the performance to the public (on a network or otherwise) in a way that enables the recording to be accessed by any person on demand; or ( d ) whenever X publishes a recording of the performance.


document_id: ca-2021
provision_ref: s393
chapter: PART 7 - ADDITIONAL RIGHTS RELATING TO
section: 393
title: Right to be identified — how should a performer be identified
content:
393. —(1) Where a performer must be identified under this Division, he or she must be identified in accordance with this section. (2) The performer must be identified — ( a ) in the way that the performer wishes to be identified (for example, by the performer’s true name or by a stage name or pseudonym), but only if — (i) the performer has made his or her wishes known, either generally or to the person who is required to identify the performer; and (ii) it is reasonable in the circumstances to identify the performer in that way; and ( b ) in any other case, by any reasonable form of identification. (3) Where a protected performance is given by performers who use a group name, those performers are sufficiently identified by using the group name. (4) In every case, the identification must be clear and reasonably prominent. (5) An identification is reasonably prominent if — ( a ) in the case of copies of recordings of a performance — (i) the identification appears in or on each copy; or (ii) the identification is likely to be noticed by a person acquiring a copy; and ( b ) in any other case — the identification is likely to be noticed by a person seeing or hearing (as the case may be) the performance or communication.


document_id: ca-2021
provision_ref: s394
chapter: PART 7 - ADDITIONAL RIGHTS RELATING TO
section: 394
title: Right to be identified — exception where performer not known
content:
394. —(1) Section 391 does not require a person to identify the performer of a performance if, at or during the material time, the identity of the performer — ( a ) is not generally known; ( b ) is not known to the person; and ( c ) could not reasonably be ascertained by the person. Illustration The identity of a performer is known if the performer is known by some name other than his or her true name. (2) In subsection (1), “material time” means the time at or during which the relevant act in section 392 is done.


document_id: ca-2021
provision_ref: s395
chapter: PART 7 - ADDITIONAL RIGHTS RELATING TO
section: 395
title: Right to be identified — exception for certain performances
content:
395. Section 391 does not apply to the following performances: ( a ) a performance given for the purpose of advertising any goods or services; ( b ) any prescribed performance.


document_id: ca-2021
provision_ref: s396
chapter: PART 7 - ADDITIONAL RIGHTS RELATING TO
section: 396
title: Right to be identified — exception for certain permitted uses
content:
396. Section 391 does not apply — ( a ) where a person does an act that is a permitted use of a performance under any of the following provisions: (i) section 202 (examination purposes); (ii) section 290 (judicial proceedings); ( b ) where a person does an act in relation to a performance that is a fair use of the performance for the purpose of reporting news under Division 2 of Part 5; or ( c ) in any prescribed circumstances.


document_id: ca-2021
provision_ref: s398
chapter: PART 7 - ADDITIONAL RIGHTS RELATING TO
section: 398
title: Right against false identification
content:
398. —(1) The performer ( P ) of a performance has the moral right not to have any other person ( F ) identified as the performer of the performance, and a person ( X ) infringes that right in the circumstances mentioned in this section. (2) X infringes the right in subsection (1) if — ( a ) X affixes or inserts F ’s name in or on a recording of the performance; and ( b ) the affixation or insertion is done in a way that implies that F is the performer. (3) X infringes the right in subsection (1) if — ( a ) X makes available a recording of the performance to the public as being a performance by F ; and ( b ) X knows that F is not the performer. (4) X infringes the right in subsection (1) if — ( a ) F ’s name is affixed or inserted (whether before, on or after 21 November 2021) in or on a recording of the performance; ( b ) the affixation or insertion is done in a way that implies F is the performer; ( c ) X knows that F is not the performer; and ( d ) X — (i) publishes the recording; (ii) deals commercially in the recording; or (iii) distributes the recording. (5) To avoid doubt, X and F could be the same person. (6) In the case of a performance given by 2 or more performers, an infringement of the right in subsection (1) is an infringement of each performer’s right. Illustration A performance is given by P1 and P2 . X affixes the names of P1 and F on a recording of the performance in a way that implies that P1 and F are the performers. X has infringed the rights of both P1 and P2 under subsection (1) read with subsection (2).


document_id: ca-2021
provision_ref: s399
chapter: PART 7 - ADDITIONAL RIGHTS RELATING TO
section: 399
title: Right not to have altered recording represented as unaltered
content:
399. —(1) The performer of a performance has the moral right not to have an altered recording of the performance represented as being unaltered. (2) A person infringes the right in subsection (1) if — ( a ) the person — (i) publishes an altered recording of the performance as being unaltered; (ii) deals commercially in an altered recording of the performance as being unaltered; or (iii) distributes an altered recording of the performance as being unaltered; and ( b ) the person knows that — (i) the recording is an altered recording; and (ii) the alteration is not made by the performer. (3) In the case of a performance given by 2 or more performers, an infringement of the right in subsection (1) is an infringement of each performer’s right.


document_id: ca-2021
provision_ref: s400
chapter: PART 7 - ADDITIONAL RIGHTS RELATING TO
section: 400
title: Moral rights not infringed by acts, etc., outside Singapore
content:
400. Despite any provision of this Division, the moral rights of a performer are not infringed by any act done outside Singapore or any omission in relation to an act done outside Singapore.


document_id: ca-2021
provision_ref: s401
chapter: PART 7 - ADDITIONAL RIGHTS RELATING TO
section: 401
title: Consent and formal waiver
content:
401. —(1) Despite any provision of this Division, the moral rights of a performer are not infringed by any act or omission to which the performer consented (whether in writing or otherwise). (2) The moral rights of a performer may be formally waived by the performer. (3) A formal waiver is valid only if it is — ( a ) made in writing; and ( b ) signed by the performer. (4) A formal waiver may — ( a ) relate to a specific performance, to performances of a specified description or to performances generally; ( b ) relate to past or future performances; ( c ) relate to some or all moral rights; ( d ) be conditional or unconditional; and ( e ) be expressed to be revocable. (5) Subject to any contrary intention in the waiver, a formal waiver in favour of a person ( X ) who is the rights owner or prospective rights owner of a performance or performances to which the waiver relates is presumed to extend to persons acting with X ’s authority and X ’s successors in title. (6) To avoid doubt, this section does not affect the operation of the general law of contract or estoppel in relation to an informal waiver or any other transaction in relation to moral rights.


document_id: ca-2021
provision_ref: s402
chapter: PART 7 - ADDITIONAL RIGHTS RELATING TO
section: 402
title: Action for infringement of moral rights
content:
402. The performer of a performance may bring an action in the Court against any person who infringes any of the performer’s moral rights.


document_id: ca-2021
provision_ref: s403
chapter: PART 7 - ADDITIONAL RIGHTS RELATING TO
section: 403
title: Limitation of action
content:
403. An action may not be brought in respect of an infringement of a performer’s moral rights more than 6 years after the infringement takes place.


document_id: ca-2021
provision_ref: s404
chapter: PART 7 - ADDITIONAL RIGHTS RELATING TO
section: 404
title: Remedies
content:
404. —(1) The remedies that the Court may grant for an infringement of moral rights include — ( a ) an injunction (which may be subject to terms); and ( b ) damages. (2) In deciding on the appropriate remedy, the Court must consider all relevant matters, including — ( a ) whether the defendant was aware, or ought reasonably to have been aware, of the performer’s moral rights; ( b ) the number and categories of people who have seen or heard the performance; ( c ) anything done by the defendant to mitigate the effects of the infringement; ( d ) in the case of the moral right under section 391 (right to be identified) — the cost or difficulty (if any) of identifying the performer; ( e ) the cost or difficulty (if any) of reversing the infringement; ( f ) any practice in the industry in which the performance is used that is relevant to the performance or the use of the performance; and ( g ) the damage caused to the performer by the infringement, including any loss of income.


document_id: ca-2021
provision_ref: s406
chapter: PART 7 - ADDITIONAL RIGHTS RELATING TO
section: 406
title: Devolution on death
content:
406. —(1) When a performer dies — ( a ) the performer’s moral rights devolve to his or her personal legal representative; and ( b ) any damages recovered in an action under section 402 by the personal legal representative form part of the performer’s estate. (2) To avoid doubt, any consent or waiver given by a performer in relation to the performer’s moral rights binds his or her personal legal representative.


document_id: ca-2021
provision_ref: s407
chapter: PART 7 - ADDITIONAL RIGHTS RELATING TO
section: 407
title: Other rights not affected
content:
407. —(1) Subject to this section, this Division does not affect any right of action or other remedy (whether civil or criminal) in proceedings brought otherwise than by virtue of this Division. (2) Any damages recovered in an action under section 402 must be considered in assessing damages in any other proceedings arising out of the same transaction (and vice versa). Division 3 &#x2014; Protection of
electronic rights management information


document_id: ca-2021
provision_ref: s408
chapter: PART 7 - ADDITIONAL RIGHTS RELATING TO
section: 408
title: Interpretation of this Division
content:
408. In this Division — “protected copy” means — ( a ) a copyright work or a copy of the work; or ( b ) a recording of a protected performance; “rights owner”, in relation to a copyright, includes any exclusive licensee of the copyright.


document_id: ca-2021
provision_ref: s409
chapter: PART 7 - ADDITIONAL RIGHTS RELATING TO
section: 409
title: Interpretation: what is rights management information
content:
409. In this Division, “rights management information”, in relation to a protected copy — ( a ) means any of the following: (i) information that identifies the copyright work or protected performance; (ii) information that identifies — (A) if the protected copy is an authorial work — the copyright owner or the author; (B) if the protected copy is a work other than an authorial work — the copyright owner; or (C) if the protected copy is a recording of a protected performance — the rights owner or the performer; (iii) information about the terms and conditions of use of the copy; (iv) any numbers or codes that represent the information mentioned in sub‑paragraph (i), (ii) or (iii); but ( b ) excludes any information relating to a user of the copy, including the name, account, address, or other contact information, of the user.


document_id: ca-2021
provision_ref: s410
chapter: PART 7 - ADDITIONAL RIGHTS RELATING TO
section: 410
title: Application
content:
410. —(1) This Division applies where rights management information in an electronic form — ( a ) is attached to or embodied in a protected copy; or ( b ) appears in connection with the communication or making available to the public of any protected copy. (2) This Division does not apply to anything done in relation to a protected copy after the expiry of the relevant copyright or protection period, as the case may be. (3) This Division does not apply to anything done for the service of the Government.


document_id: ca-2021
provision_ref: s411
chapter: PART 7 - ADDITIONAL RIGHTS RELATING TO
section: 411
title: Prohibition on removing or altering rights management information
content:
411. A person infringes this section if the person — ( a ) knowingly removes or alters any rights management information relating to a protected copy; ( b ) does so without the rights owner’s authority; and ( c ) knows or ought reasonably to know that the removal or alteration of the rights management information will induce, enable, facilitate or conceal a rights infringement relating to the protected copy.


document_id: ca-2021
provision_ref: s412
chapter: PART 7 - ADDITIONAL RIGHTS RELATING TO
section: 412
title: Prohibition on dealing with altered rights management information
content:
412. A person infringes this section if the person — ( a ) distributes, or imports for distribution, any rights management information that — (i) relates to a protected copy; and (ii) has been altered without the rights owner’s authority; ( b ) does so without the rights owner’s authority; ( c ) does so knowing that the rights management information has been altered without the rights owner’s authority; and ( d ) knows or ought reasonably to know that doing so will induce, enable, facilitate or conceal a rights infringement relating to the protected copy.


document_id: ca-2021
provision_ref: s413
chapter: PART 7 - ADDITIONAL RIGHTS RELATING TO
section: 413
title: Prohibition on dealing with protected copies after rights management information altered or removed
content:
413. A person infringes this section if — ( a ) the rights management information relating to protected copies has been removed or altered without the rights owner’s authority; ( b ) the person — (i) distributes those copies; (ii) imports those copies for distribution; (iii) communicates those copies to the public; or (iv) makes those copies available to the public; and ( c ) the person — (i) does so without the rights owner’s authority; (ii) does so knowing that the rights management information has been removed or altered without the rights owner’s authority; and (iii) knows or ought reasonably to know that doing so will induce, enable, facilitate or conceal a rights infringement relating to the protected copies.


document_id: ca-2021
provision_ref: s414
chapter: PART 7 - ADDITIONAL RIGHTS RELATING TO
section: 414
title: Action for infringement
content:
414. The rights owner of a protected copy may bring an action in the Court against any person who infringes any provision of this Division in relation to the protected copy.


document_id: ca-2021
provision_ref: s415
chapter: PART 7 - ADDITIONAL RIGHTS RELATING TO
section: 415
title: Limitation of action
content:
415. An action may not be brought in respect of an infringement of any provision of this Division more than 6 years after the infringement takes place.


document_id: ca-2021
provision_ref: s416
chapter: PART 7 - ADDITIONAL RIGHTS RELATING TO
section: 416
title: Remedies
content:
416. —(1) Subject to this section, the remedies that the Court may grant for an infringement of any provision of this Division include — ( a ) an injunction (which may be subject to terms); ( b ) damages; ( c ) an account of profits; ( d ) if the claimant so elects, statutory damages; and ( e ) an order that an offending article in the defendant’s possession or before the court be — (i) delivered up and forfeited to the rights owner; (ii) destroyed; or (iii) otherwise dealt with. (2) Subject to subsection (3), the remedies in subsection (1)( b ), ( c ) and ( d ) are mutually exclusive. (3) Where the Court orders damages (with or without additional damages) under subsection (1)( b ) in respect of an infringement of a provision of this Division, the Court may also order an account of profits attributable to the infringement, but only insofar as the profits have not been taken into account in computing those damages. (4) For the purposes of subsection (1)( d ) — ( a ) a claimant may only be awarded a total of $20,000 in statutory damages in a single action, even if the action involves 2 or more infringements; and ( b ) in deciding the amount of statutory damages to award, the Court must consider all relevant matters, including — (i) the nature and purpose of the act constituting the infringement, including whether the act is of a commercial nature or otherwise; (ii) the flagrancy of the infringement; (iii) whether the defendant acted in bad faith; (iv) any loss that the claimant has suffered or is likely to suffer because of the infringement; (v) any benefit gained by the defendant because of the infringement; (vi) the conduct of the parties before and during the proceedings; and (vii) the need to deter similar infringements. (5) In this section, an article is an “offending article” if — ( a ) the article was used, or is being used, to carry out an infringement of a provision of this Division; or ( b ) an infringement of a provision of this Division was or is being carried out in relation to the article.


document_id: ca-2021
provision_ref: s417
chapter: PART 7 - ADDITIONAL RIGHTS RELATING TO
section: 417
title: Offence
content:
417. —(1) Subject to this section, a person commits an offence if the person — ( a ) wilfully infringes a provision of this Division; and ( b ) does so to obtain a commercial advantage or private financial gain. (2) Subsection (1) does not apply to any act done by or on behalf of — ( a ) a non‑profit library or archive; ( b ) an educational institution; ( c ) an institution aiding persons with print disabilities; ( d ) an institution aiding persons with intellectual disabilities; or ( e ) a public and non‑commercial broadcasting organisation that is prescribed. (3) A person who commits an offence under subsection (1) shall be liable on conviction — ( a ) for an infringement of section 411, to a fine not exceeding $20,000; and ( b ) for an infringement of section 412 or 413, to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 2 years or to both.


document_id: ca-2021
provision_ref: s418
chapter: PART 7 - ADDITIONAL RIGHTS RELATING TO
section: 418
title: Power to deal with protected copies, etc., in proceedings under section 417
content:
418. —(1) This section applies where — ( a ) a person is charged for an offence under section 417 in a court (whether or not the person is convicted); and ( b ) there is before the court or in the person’s possession an article that appears to be — (i) a protected copy from which the rights management information has been removed or altered without the rights owner’s authority; or (ii) mainly used for removing or altering the rights management information relating to a protected copy. (2) The court may order that the article be — ( a ) delivered up and forfeited to the rights owner concerned; ( b ) destroyed; or ( c ) otherwise dealt with.


document_id: ca-2021
provision_ref: s419
chapter: PART 7 - ADDITIONAL RIGHTS RELATING TO
section: 419
title: Powers of entry, search and seizure
content:
419. —(1) Information may be given on oath to a court that there is reasonable cause to suspect that an article or a document — ( a ) is located at any premises; and ( b ) is evidence that an offence under section 417 has been committed. (2) If information is given under subsection (1), the court may issue a warrant authorising a police officer (either with or without conditions) — ( a ) to enter and search the premises for articles and documents specified (either specifically or in any general category) in the warrant; and ( b ) if any articles or documents so specified are found at the premises — to seize them. (3) In this section and section 420, “document” means anything in which information of any description is recorded.


document_id: ca-2021
provision_ref: s420
chapter: PART 7 - ADDITIONAL RIGHTS RELATING TO
section: 420
title: Disposal of seized evidence
content:
420. —(1) This section applies where — ( a ) an article or a document is seized under section 419; and ( b ) either — (i) no proceedings are brought for an offence under section 417 within 6 months of the seizure; or (ii) in the case of a seized article — proceedings are brought for an offence under section 417, but no order is made under section 418 in respect of the article. (2) The article or document must be — ( a ) returned to the person who was in possession of the article or document when it was seized; or ( b ) if it is not practicable to so return the article or document — disposed of in accordance with section 108 of the Police Force Act 2004 (disposal of lost or unclaimed property deposited with police).


document_id: ca-2021
provision_ref: s421
chapter: PART 7 - ADDITIONAL RIGHTS RELATING TO
section: 421
title: Other rights not affected
content:
421. This Division does not affect any provision of this Act providing for — ( a ) any copyright in a work; ( b ) any other right in relation to a performance or a recording of the performance; ( c ) any limitation on the rights in paragraph ( a ) or ( b ); or ( d ) any defence to an action for a rights infringement. Division 4 &#x2014; Protection of technological measures


document_id: ca-2021
provision_ref: s422
chapter: PART 7 - ADDITIONAL RIGHTS RELATING TO
section: 422
title: Interpretation of this Division
content:
422. In this Division — “access control measure” has the meaning given by section 423; “circumvent” means to avoid, bypass, remove, deactivate, descramble (where the copy is scrambled), decrypt (where the copy is encrypted) or otherwise impair; “deal”, except in section 435(2), means — ( a ) in relation to a device, product or component — manufacture, import, distribute, offer to the public, provide or otherwise traffic; and ( b ) in relation to a service — offer to the public or provide, and “dealing” has a corresponding meaning; “protected copy” means — ( a ) a copyright work or a copy of the work; or ( b ) a recording of a protected performance; “protection measure” has the meaning given by section 423; “rights owner”, in relation to a copyright, includes any exclusive licensee of the copyright; “technological measure” has the meaning given by section 423.


document_id: ca-2021
provision_ref: s423
chapter: PART 7 - ADDITIONAL RIGHTS RELATING TO
section: 423
title: Interpretation: what are technological measures, access control measures and protection measures
content:
423. In this Division — “access control measure”, in relation to a protected copy — ( a ) means any technology, device or component that, in the normal course of its operation, effectively controls access to a protected copy; but ( b ) does not include any prescribed technology, device or component; “protection measure”, in relation to a protected copy — ( a ) means any technology, device or component that, in the normal course of its operation, effectively prevents or limits the doing of any act that constitutes a rights infringement; but ( b ) does not include any prescribed technology, device or component; “technological measure” means an access control measure or a protection measure.


document_id: ca-2021
provision_ref: s424
chapter: PART 7 - ADDITIONAL RIGHTS RELATING TO
section: 424
title: Application
content:
424. —(1) This Division applies in relation to protected copies. (2) This Division does not apply to anything done in relation to a protected copy after the expiry of the relevant copyright or protection period, as the case may be. (3) This Division does not prohibit a person from importing or selling a device that does not render effective a technological measure, but only if — ( a ) the sole purpose of the measure is to control market segmentation for access to films; and ( b ) the import or sale of the device does not otherwise contravene any written law (including this Act).


document_id: ca-2021
provision_ref: s425
chapter: PART 7 - ADDITIONAL RIGHTS RELATING TO
section: 425
title: Prohibition on circumventing access control measure
content:
425. —(1) Subject to the provisions of this Division, a person infringes this section if the person circumvents an access control measure. (2) For the purposes of this Division, a person circumvents an access control measure if — ( a ) the access control measure is applied — (i) to a protected copy; (ii) by or with the authority of the rights owner of the protected copy; and (iii) in connection with the exercise of the copyright or any right in the performance, as the case may be; ( b ) the person does any act that the person knows or ought reasonably to know circumvents the access control measure; and ( c ) the act is done without the rights owner’s authority.


document_id: ca-2021
provision_ref: s426
chapter: PART 7 - ADDITIONAL RIGHTS RELATING TO
section: 426
title: Prohibition on dealing in circumventing devices
content:
426. —(1) Subject to the provisions of this Division, a person infringes this section if the person deals (wilfully or otherwise) in a circumventing device. (2) For the purposes of this Division, a person ( X ) deals in a circumventing device if — ( a ) a technological measure is applied — (i) to a protected copy; (ii) by or with the authority of the rights owner of the protected copy; and (iii) in connection with the exercise of the copyright or the protection of the performance, as the case may be; ( b ) X deals in any device, product or component that — (i) is promoted, advertised or marketed for the purpose of circumventing the technological measure; (ii) has only a limited commercially significant purpose or use other than to circumvent the technological measure; or (iii) is designed or made primarily for the purpose of circumventing the technological measure; and ( c ) X does so without the rights owner’s authority. (3) For the purposes of this Division, a dealing in a circumventing device is wilful if and only if — ( a ) in relation to subsection (2)( b )(i) — the promotion, advertising or marketing is — (i) done by X personally; or (ii) personally authorised by X ; ( b ) in relation to subsection (2)( b )(ii) — at the time of dealing, X knows or ought reasonably to know that the device, product or component has only a limited commercially significant purpose or use other than to circumvent the technological measure; and ( c ) in relation to subsection (2)( b )(iii) — at the time of dealing, X knows or ought reasonably to know that the device, product or component is designed or made primarily for the purpose of circumventing the technological measure.


document_id: ca-2021
provision_ref: s427
chapter: PART 7 - ADDITIONAL RIGHTS RELATING TO
section: 427
title: Prohibition on dealing in circumventing services
content:
427. —(1) Subject to the provisions of this Division, a person infringes this section if the person deals (wilfully or otherwise) in a circumventing service. (2) For the purposes of this Division, a person ( X ) deals in a circumventing service if — ( a ) a technological measure is applied — (i) to a protected copy; (ii) by or with the authority of the rights owner of the protected copy; and (iii) in connection with the exercise of the copyright or the protection of the performance, as the case may be; ( b ) X deals in any service that — (i) is promoted, advertised or marketed for the purpose of circumventing the technological measure; (ii) has only a limited commercially significant purpose or use other than to circumvent the technological measure; or (iii) is performed primarily for the purpose of circumventing the technological measure; and ( c ) X does so without the rights owner’s authority. (3) For the purposes of this Division, a dealing in a circumventing service is wilful if and only if — ( a ) in relation to subsection (2)( b )(i) — the promotion, advertising or marketing is — (i) done by X personally; or (ii) personally authorised by X ; ( b ) in relation to subsection (2)( b )(ii) — at the time of dealing, X knows or ought reasonably to know that the service has only a limited commercially significant purpose or use other than to circumvent the technological measure; and ( c ) in relation to subsection (2)( b )(iii) — (i) X personally performs the service primarily for the purpose of circumventing the technological measure; or (ii) X personally authorises the performance of the service primarily for the purpose of circumventing the technological measure.


document_id: ca-2021
provision_ref: s428
chapter: PART 7 - ADDITIONAL RIGHTS RELATING TO
section: 428
title: Exception — access by non‑profit library, etc., for purpose of acquisition
content:
428. A person may circumvent an access control measure by doing an act in relation to a protected copy if — ( a ) the act is done to enable any of the following organisations to access the underlying work or recording of a performance: (i) a non‑profit library or archive; (ii) an educational institution; (iii) an institution aiding persons with print disabilities; (iv) an institution aiding persons with intellectual disabilities; ( b ) the sole purpose of accessing the work or recording is to decide whether to acquire a copy of it; ( c ) the work or recording is otherwise not available to the organisation; ( d ) the act does not lead to a rights infringement in relation to the protected copy; and ( e ) the act does not violate any written law other than this Act.


document_id: ca-2021
provision_ref: s429
chapter: PART 7 - ADDITIONAL RIGHTS RELATING TO
section: 429
title: Exception — protecting personal information of network user
content:
429. A person may circumvent an access control measure by doing an act in relation to a protected copy if — ( a ) the access control measure is capable of collecting or disseminating information about the identity of a user of a network and the manner of his or her use; ( b ) there is no conspicuous notice of the collection or dissemination of that information; ( c ) the act is done for the sole purpose of identifying and disabling the measure; ( d ) the act does not affect any person’s ability to access any protected copy; ( e ) the act is not a rights infringement in relation to the protected copy; and ( f ) the act does not violate any written law other than this Act.


document_id: ca-2021
provision_ref: s430
chapter: PART 7 - ADDITIONAL RIGHTS RELATING TO
section: 430
title: Exception — achieving interoperability between computer programs
content:
430. —(1) A person may circumvent a technological measure by doing an act in relation to a protected copy that is a computer program if — ( a ) the protected copy is not an infringing copy; ( b ) the act is done — (i) in good faith; (ii) with respect to particular elements of the computer program that are not readily available to the person doing the act; and (iii) for the sole purpose of achieving interoperability of an independently created computer program with another computer program; and ( c ) the act does not infringe the copyright in the firstmentioned computer program. (2) A person may deal in a circumventing device if — ( a ) the device is used only in circumstances to which subsection (1) applies; or ( b ) at the time of dealing, the person does not know and could not reasonably have known that the device will be used in any other circumstances. (3) A person may deal in a circumventing service if — ( a ) the service is performed only in circumstances to which subsection (1) applies; or ( b ) at the time of dealing, the person does not know and could not reasonably have known that the service will be performed in any other circumstances.


document_id: ca-2021
provision_ref: s431
chapter: PART 7 - ADDITIONAL RIGHTS RELATING TO
section: 431
title: Exception — research on encryption technology
content:
431. —(1) A person may circumvent an access control measure by doing an act in relation to a protected copy if — ( a ) the act is done in the course of research on any encryption technology and is needed to conduct that research; ( b ) the person — (i) is engaged in a legitimate course of study in the field of encryption technology; (ii) is employed or appropriately trained or experienced in that field; or (iii) is doing the act on behalf of a person so engaged, employed, trained or experienced; ( c ) the act is done in good faith; ( d ) the protected copy is not an infringing copy; ( e ) the person doing the act has made a reasonable effort to obtain the authorisation of the rights owner; ( f ) the act is not a rights infringement in relation to the protected copy; and ( g ) the act does not violate any written law other than this Act. (2) A person may deal in a circumventing device if — ( a ) the device is used only in circumstances to which subsection (1) applies; or ( b ) at the time of dealing, the person does not know and could not reasonably have known that the device will be used in any other circumstances. (3) A person may deal in a circumventing service if — ( a ) the service is performed only in circumstances to which subsection (1) applies; or ( b ) at the time of dealing, the person does not know and could not reasonably have known that the service will be performed in any other circumstances. (4) In this section, “encryption technology” means any technology for scrambling and descrambling information using mathematical formulae or algorithms.


document_id: ca-2021
provision_ref: s432
chapter: PART 7 - ADDITIONAL RIGHTS RELATING TO
section: 432
title: Exception — preventing minor access to online material
content:
432. —(1) A person may circumvent an access control measure by doing an act if — ( a ) the act consists of including a component or part in any technology, product or device for the sole purpose of preventing access by minors to any online material; and ( b ) the technology, product or device — (i) is not promoted, advertised or marketed for the purpose of circumventing a technological measure; (ii) is not one that has only a limited commercially significant purpose or use other than to circumvent a technological measure; and (iii) is not designed or made primarily for the purpose of circumventing a technological measure. (2) A person may deal in a circumventing device if the device is meant to be included in any technology, product or device in circumstances to which subsection (1) applies.


document_id: ca-2021
provision_ref: s433
chapter: PART 7 - ADDITIONAL RIGHTS RELATING TO
section: 433
title: Exception — testing of security flaws, etc., of computer
content:
433. —(1) A person may circumvent an access control measure by doing an act in relation to a protected copy if — ( a ) the act is done for the sole purpose of testing, investigating or correcting a security flaw or vulnerability of a computer; ( b ) the act is done in good faith; ( c ) the act is done by or with the authority of the owner of the computer; ( d ) the act is not a rights infringement in relation to the protected copy; and ( e ) the act does not violate any written law other than this Act. (2) A person may deal in a circumventing device if — ( a ) the device is used only in circumstances to which subsection (1) applies; or ( b ) at the time of dealing, the person does not know and could not reasonably have known that the device will be used in any other circumstances. (3) A person may deal in a circumventing service if — ( a ) the service is performed only in circumstances to which subsection (1) applies; or ( b ) at the time of dealing, the person does not know and could not reasonably have known that the service will be performed in any other circumstances. (4) In this section, “computer” includes a computer system and a computer network.


document_id: ca-2021
provision_ref: s434
chapter: PART 7 - ADDITIONAL RIGHTS RELATING TO
section: 434
title: Exception — law enforcement, national defence, etc.
content:
434. The Government, or a person authorised by the Government, may for the purpose of law enforcement, intelligence, national defence or essential security, or for any other similar purpose — ( a ) circumvent an access control measure; or ( b ) deal in a circumventing device or service.


document_id: ca-2021
provision_ref: s435
chapter: PART 7 - ADDITIONAL RIGHTS RELATING TO
section: 435
title: Exception — prescribed exceptions
content:
435. —(1) A person may circumvent an access control measure if a prescribed exception applies. (2) An exception may be prescribed if — ( a ) the Minister is satisfied that the prohibition on circumventing access control measures has or is likely to impair or adversely affect a dealing in relation to a copyright work or protected performance; and ( b ) the dealing is not a rights infringement in relation to the work or performance. (3) A prescribed exception may be limited — ( a ) to a specified work or performance; ( b ) to a class of works or performances; ( c ) to a class of persons; and ( d ) by the purpose for which the otherwise circumventing act is done.


document_id: ca-2021
provision_ref: s436
chapter: PART 7 - ADDITIONAL RIGHTS RELATING TO
section: 436
title: Action for infringement
content:
436. The rights owner of a protected copy may bring an action in the Court against any person who infringes a provision of this Division in relation to the protected copy.


document_id: ca-2021
provision_ref: s437
chapter: PART 7 - ADDITIONAL RIGHTS RELATING TO
section: 437
title: Limitation of action
content:
437. An action may not be brought against an infringement of a provision of this Division under section 436 more than 6 years after the infringement takes place.


document_id: ca-2021
provision_ref: s438
chapter: PART 7 - ADDITIONAL RIGHTS RELATING TO
section: 438
title: Remedies
content:
438. —(1) Subject to this section, the remedies that the Court may grant for an infringement of a provision of this Division include — ( a ) an injunction (which may be subject to terms); ( b ) either — (i) damages; or (ii) if the claimant so elects, statutory damages; and ( c ) an order that an offending article in the defendant’s possession or before the Court be — (i) delivered up and forfeited to the rights owner; (ii) destroyed; or (iii) otherwise dealt with. (2) The remedies in subsection (1)( b ) are not available against a defendant who deals in a circumventing device or service if it is proved that the dealing is not wilful. (3) Damages under subsection (1)( b )(i) may take into account any profits that are attributable to the infringement. (4) For the purposes of subsection (1)( b )(ii) — ( a ) a claimant may only be awarded a total of $20,000 in statutory damages in a single action, even if the action involves 2 or more infringements; and ( b ) in deciding the amount of statutory damages to award, the Court must consider all relevant matters, including — (i) the nature and purpose of the act constituting the infringement, including whether the act is of a commercial nature or otherwise; (ii) the flagrancy of the infringement; (iii) whether the defendant acted in bad faith; (iv) any loss that the claimant has suffered or is likely to suffer because of the infringement; (v) any benefit gained by the defendant because of the infringement; (vi) the conduct of the parties before and during the proceedings; and (vii) the need to deter similar infringements. (5) In this section, an article is an “offending article” if — ( a ) the article was used, or is being used, to carry out an infringement of a provision of this Division; or ( b ) an infringement of a provision of this Division was or is being carried out in relation to the article.


document_id: ca-2021
provision_ref: s439
chapter: PART 7 - ADDITIONAL RIGHTS RELATING TO
section: 439
title: Offence
content:
439. —(1) Subject to this section, a person commits an offence if — ( a ) the person — (i) wilfully circumvents an access control measure; or (ii) wilfully deals in a circumventing device or service; ( b ) the person does so to obtain a commercial advantage or private financial gain; and ( c ) the circumvention or dealing is an infringement of a provision of this Division. (2) Subsection (1) does not apply to any act done by or on behalf of — ( a ) a non‑profit library or archive; ( b ) an educational institution; ( c ) an institution aiding persons with print disabilities; ( d ) an institution aiding persons with intellectual disabilities; or ( e ) a public and non‑commercial broadcasting organisation that is prescribed. (3) A person who commits an offence under subsection (1) shall be liable on conviction — ( a ) in relation to subsection (1)( a )(i), to a fine not exceeding $20,000; and ( b ) in relation to subsection (1)( a )(ii), to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 2 years or to both.


document_id: ca-2021
provision_ref: s440
chapter: PART 7 - ADDITIONAL RIGHTS RELATING TO
section: 440
title: Power to deal with protected copies, etc., in proceedings under section 439
content:
440. —(1) This section applies where — ( a ) a person is charged for an offence under section 439 in a court (whether or not the person is convicted); and ( b ) there is before the court or in the person’s possession an article that appears to be mainly used for circumventing technological measures applied to protected copies. (2) The court may order that the article be — ( a ) delivered up and forfeited to the rights owner concerned; ( b ) destroyed; or ( c ) otherwise dealt with.


document_id: ca-2021
provision_ref: s441
chapter: PART 7 - ADDITIONAL RIGHTS RELATING TO
section: 441
title: Powers of entry, search and seizure
content:
441. —(1) Information may be given on oath to a court that there is reasonable cause to suspect that an article or a document — ( a ) is located at any premises; and ( b ) is evidence that an offence under section 439 has been committed. (2) If information is given under subsection (1), the court may issue a warrant authorising a police officer (either with or without conditions) — ( a ) to enter and search the premises for articles and documents specified (either specifically or in any general category) in the warrant; and ( b ) if any articles or documents so specified are found at the premises — to seize them. (3) In this section and section 442, “document” means anything in which information of any description is recorded.


document_id: ca-2021
provision_ref: s442
chapter: PART 7 - ADDITIONAL RIGHTS RELATING TO
section: 442
title: Disposal of seized evidence
content:
442. —(1) This section applies where — ( a ) an article or a document is seized under section 441; and ( b ) either — (i) no proceedings are brought for an offence under section 439 within 6 months of the seizure; or (ii) in the case of a seized article — proceedings are brought for an offence under section 439, but no order is made under section 440 in respect of the article. (2) The article or document must be — ( a ) returned to the person who was in possession of the article or document when it was seized; or ( b ) if it is not practicable to so return the article or document — disposed of in accordance with section 108 of the Police Force Act 2004 (disposal of lost or unclaimed property deposited with police).


document_id: ca-2021
provision_ref: s443
chapter: PART 7 - ADDITIONAL RIGHTS RELATING TO
section: 443
title: Other rights not affected
content:
443. This Division does not affect any provision of this Act providing for — ( a ) any copyright in a work; ( b ) any other right in relation to a performance or a recording of the performance; ( c ) any limitation on the rights in paragraph ( a ) or ( b ); or ( d ) any defence to an action for a rights infringement.


document_id: ca-2021
provision_ref: s444
chapter: PART 8 - OFFENCES
section: 444
title: Commercial dealings, etc., in infringing copies
content:
444. —(1) A person commits an offence if — ( a ) at any time when copyright subsists in a work, the person does any of the following acts: (i) makes an article for sale or hire; (ii) deals commercially in an article; (iii) imports an article for the purpose of commercial dealing; (iv) possesses an article for the purpose of commercial dealing; and ( b ) when doing the act, the person knows or ought reasonably to know that the article is an infringing copy of the work. (2) A person commits an offence if — ( a ) at any time during the protection period of a performance, the person does any of the following acts: (i) makes an article for sale or hire; (ii) deals commercially in an article; (iii) imports an article for the purpose of commercial dealing; (iv) possesses an article for the purpose of commercial dealing; and ( b ) when doing the act, the person knows or ought reasonably to know that the article is an infringing copy of the performance.


document_id: ca-2021
provision_ref: s445
chapter: PART 8 - OFFENCES
section: 445
title: Infringement for commercial advantage, etc.
content:
445. A person commits an offence if the person — ( a ) wilfully commits a rights infringement for commercial advantage; or ( b ) commits a copyright infringement under section 150.


document_id: ca-2021
provision_ref: s446
chapter: PART 8 - OFFENCES
section: 446
title: Making or possessing article capable of making infringing copies
content:
446. —(1) A person commits an offence if — ( a ) at any time when copyright subsists in a work, the person makes or possesses an article specifically designed or adapted for making infringing copies of the work; and ( b ) the person knows or ought reasonably to know that the article is to be used to make infringing copies of the work for the purpose of commercial dealing. (2) A person commits an offence if — ( a ) at any time during the protection period of a performance, the person makes or possesses an article specifically designed or adapted for making infringing copies of the performance; and ( b ) the person knows or ought reasonably to know that the article is to be used to make infringing copies of the performance for the purpose of commercial dealing.


document_id: ca-2021
provision_ref: s447
chapter: PART 8 - OFFENCES
section: 447
title: Punishment
content:
447. —(1) A person convicted of an offence under section 444 shall be liable — ( a ) in the case of an individual — (i) to a fine not exceeding the higher of the following: (A) $100,000; (B) $10,000 for each article in respect of which the offence is committed; (ii) to imprisonment for a term not exceeding 5 years; or (iii) to both; and ( b ) in any other case — to a fine not exceeding the higher of the following: (i) $200,000; (ii) $20,000 for each article in respect of which the offence is committed. (2) A person convicted of an offence under section 445 or 446 shall be liable — ( a ) in the case of an individual — to a fine not exceeding $100,000 or to imprisonment for a term not exceeding 5 years or to both; and ( b ) in any other case — to a fine not exceeding $200,000. Division 2 &#x2014; Offences without commercial element


document_id: ca-2021
provision_ref: s448
chapter: PART 8 - OFFENCES
section: 448
title: Distribution, etc., of infringing copies of works
content:
448. A person commits an offence if — ( a ) at any time when copyright subsists in a work, the person does any of the following acts: (i) distributes an article — (A) other than for the purposes of trade; and (B) to an extent that will prejudicially affect the copyright owner; (ii) imports an article for the purpose of distributing the article — (A) other than for the purposes of trade; and (B) to an extent that will prejudicially affect the copyright owner; (iii) possesses an article for the purpose of distributing the article — (A) other than for the purposes of trade; and (B) to an extent that will prejudicially affect the copyright owner; and ( b ) when doing the act, the person knows or ought reasonably to know that the article is an infringing copy of the work.


document_id: ca-2021
provision_ref: s449
chapter: PART 8 - OFFENCES
section: 449
title: Wilful and significant rights infringement
content:
449. —(1) A person commits an offence if — ( a ) the person wilfully commits a rights infringement; and ( b ) the extent of the infringement is significant. (2) All relevant matters must be considered in deciding whether the extent of a rights infringement is significant for the purposes of subsection (1), including — ( a ) the volume of any articles that are infringing copies; ( b ) the value of any articles that are infringing copies; and ( c ) whether the infringement has a substantial prejudicial impact on the rights owner.


document_id: ca-2021
provision_ref: s450
chapter: PART 8 - OFFENCES
section: 450
title: Causing certain works or performances to be performed, seen or heard in public for private profit
content:
450. —(1) A person commits an offence if — ( a ) the person does any of the following acts: (i) causes a literary, dramatic or musical work to be performed in public; (ii) causes the visual images of a film to be seen in public or any sounds of the film to be heard in public (or both); ( b ) the act is done — (i) other than by the reception of a television broadcast or cable programme; (ii) for the person’s private profit; and (iii) at any time when copyright subsists in the work; and ( c ) the person knows or ought reasonably to know that the act infringes the copyright in the work. (2) A person commits an offence if — ( a ) the person does an act that causes a protected performance to be seen or heard live in public (or both); [Act 32 of 2024 wef 25/11/2024] ( b ) the act is done for the person’s private profit; and ( c ) the person knows or ought reasonably to know that the act is an infringing use of the performance. (3) A person commits an offence if — ( a ) the person does an act that causes a recording of a protected performance to be heard in public; ( b ) the act is done for the person’s private profit; and ( c ) the person knows or ought reasonably to know that the recording is an infringing copy of the protected performance. [Act 32 of 2024 wef 25/11/2024]


document_id: ca-2021
provision_ref: s451
chapter: PART 8 - OFFENCES
section: 451
title: Advertisement for supply of infringing copies of works
content:
451. —(1) Subject to subsection (2), a person commits an offence if — ( a ) the person publishes, or causes to be published, an advertisement in Singapore; and ( b ) the advertisement is for the supply in Singapore (whether from within or outside Singapore) of an infringing copy of a work. (2) It is a defence for the person to prove, on a balance of probabilities, that the person — ( a ) acted in good faith; and ( b ) had no reasonable grounds to believe that the advertisement would or could lead to an infringement of the copyright in the work. (3) For the purposes of subsection (1), if a copy of a work is created when a communication of the work is received and recorded, the communication of the work is taken to be the supply of the work at the place where the copy is created.


document_id: ca-2021
provision_ref: s452
chapter: PART 8 - OFFENCES
section: 452
title: Punishment
content:
452. —(1) A person convicted of an offence under section 448 shall be liable — ( a ) in the case of an individual — (i) to a fine not exceeding the higher of the following: (A) $20,000; (B) $2,000 for each article in respect of which the offence is committed; (ii) to imprisonment for a term not exceeding 2 years; or (iii) to both; and ( b ) in any other case — to a fine not exceeding the higher of the following: (i) $40,000; (ii) $4,000 for each article in respect of which the offence is committed. (2) A person convicted of an offence under section 449, 450 or 451 shall be liable — ( a ) in the case of an individual — to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 2 years or to both; and ( b ) in any other case — to a fine not exceeding $40,000. Division 3 &#x2014; Other provisions


document_id: ca-2021
provision_ref: s453
chapter: PART 8 - OFFENCES
section: 453
title: Presumption where person possesses 5 or more infringing copies
content:
453. —(1) This section applies to all offences in this Part except offences under section 445( a ) or 449. (2) Unless the contrary is proved, a person who possesses 5 or more infringing copies is presumed to possess those copies — ( a ) other than for private and domestic use; or ( b ) for the purpose of sale.


document_id: ca-2021
provision_ref: s454
chapter: PART 8 - OFFENCES
section: 454
title: Proof of subsistence of copyright and protection of performance, etc., by affidavit
content:
454. —(1) This section applies to proceedings for an offence under this Part. (2) An affidavit may be made stating that — ( a ) at a specified time, copyright subsists in a work or a performance is a protected performance; ( b ) the deponent is the rights owner or is making the affidavit on behalf of the rights owner; and ( c ) a copy of the work or a recording of the performance annexed to the affidavit is a true copy or recording. (3) Subject to subsections (4) and (5), the affidavit is admissible and is prima facie proof of the matters mentioned in subsection (2). (4) Subsection (3) does not apply if it is proved that the deponent is neither the rights owner nor acting on behalf of the rights owner. (5) If the accused person desires in good faith to cross‑examine the deponent on the matters in the affidavit, subsection (3) does not apply unless — ( a ) the deponent appears as a witness for cross‑examination; or ( b ) the court allows the affidavit to be used without the deponent so appearing.


document_id: ca-2021
provision_ref: s455
chapter: PART 8 - OFFENCES
section: 455
title: Power to deal with infringing copies, etc., in proceedings under this Part
content:
455. —(1) This section applies where — ( a ) a person is charged for an offence under this Part in a court (whether or not the person is convicted); and ( b ) any of the following items is before the court or in the person’s possession: (i) any infringing copy; (ii) any article that has been used to make infringing copies. (2) The court may order that the items be — ( a ) delivered up and forfeited to the rights owner concerned; ( b ) destroyed; or ( c ) otherwise dealt with.


document_id: ca-2021
provision_ref: s456
chapter: PART 8 - OFFENCES
section: 456
title: Powers of entry, search and seizure
content:
456. —(1) Information may be given on oath to a court that there is reasonable cause to suspect that an article or a document is — ( a ) located at any premises; and ( b ) evidence that an offence under this Part has been committed. (2) If information is given under subsection (1), the court may issue a warrant authorising a police officer (either with or without conditions) — ( a ) to enter and search the premises for articles and documents specified (either specifically or in any general category) in the warrant; and ( b ) if any articles or documents so specified are found at the premises — to seize them. (3) In this section and section 457, “document” means anything in which information of any description is recorded.


document_id: ca-2021
provision_ref: s457
chapter: PART 8 - OFFENCES
section: 457
title: Disposal of seized evidence
content:
457. —(1) This section applies where — ( a ) an article or a document is seized under section 456; and ( b ) either — (i) no proceedings are brought for an offence under this Part within 6 months of the seizure; or (ii) in the case of a seized article — proceedings are brought for an offence under this Part, but no order is made under section 455 in respect of the article. (2) The article or document must be — ( a ) returned to the person who was in possession of the article or document when it was seized; or ( b ) if it is not practicable to so return the article or document — disposed of in accordance with section 108 of the Police Force Act 2004 (disposal of lost or unclaimed property deposited with police).


document_id: ca-2021
provision_ref: s458
chapter: PART 9 - REGULATION OF COLLECTIVE MANAGEMENT
section: 458
title: Interpretation of this Part
content:
458. In this Part, unless the context otherwise requires — “cessation order” means a cessation order under section 465; “class licence” — ( a ) means a class licence established under section 462; and ( b ) in relation to a CMO, means a licence applicable to the CMO; “class licence condition” means a condition of a class licence; “collective management organisation” or “CMO” has the meaning given by section 459; “member”, in relation to a CMO, has the meaning given by section 459(3); “officer” — ( a ) in relation to a body corporate, means any director, partner, member of the committee of management, chief executive, manager, secretary or other similar officer of the body corporate and includes any person purporting to act in any such capacity; ( b ) in relation to an unincorporated association (other than a partnership), means the president, the secretary, or any member of the committee of the unincorporated association, or any person holding a position analogous to that of president, secretary or member of a committee and includes any person purporting to act in any such capacity; and ( c ) in relation to a partnership, means any partner; “permission” — ( a ) in relation to a copyright work, means a copyright licence relating to the use of the work; and ( b ) in relation to a protected performance, means authority relating to the use of the performance; “regulatory direction” means a direction given under section 464; “tariff scheme” has the meaning given by section 459(3).


document_id: ca-2021
provision_ref: s459
chapter: PART 9 - REGULATION OF COLLECTIVE MANAGEMENT
section: 459
title:
Interpretation: what is a collective management organisation (CMO) and who are its members; what is a tariff scheme

content:
459. —(1) In this Part, a person ( X ) is a “collective management organisation” or “CMO” if — ( a ) X is in the business of collectively managing the use of copyright works or protected performances (or both), including — (i) negotiating the terms of use; (ii) granting permission for the use; (iii) administering any terms of use; and (iv) collecting and distributing royalties or any other payment for the use; ( b ) those works or performances — (i) are made or given by different authors, makers, publishers or performers; and (ii) are not made or given by those authors, makers, publishers or performers — (A) as employees of X or a prescribed related person; or (B) under a commission from X or a prescribed related person; ( c ) X manages those works or performances — (i) as the rights owner or with the authority of the rights owners; and (ii) for the collective benefit of — (A) those authors, makers, publishers or performers; or (B) the rights owners of those works or performances (but not including X ); ( d ) X formulates or operates one or more schemes (however named) setting out — (i) the classes of cases in which X is willing to grant, or procure the grant of, permission to use the works or performances that X manages; and (ii) the terms (whether relating to the payment of a fee or charge or otherwise) on which X is willing to grant, or procure the grant of, that permission; ( e ) one or more of the schemes mentioned in paragraph ( d ) are available to the public (or a segment of the public) in Singapore; and ( f ) X does not fall under any prescribed class of excluded persons. (2) For the purposes of subsection (1) — ( a ) to avoid doubt, X and the related person mentioned in subsection (1)( b )(ii) may be — (i) an individual; (ii) an organisation, an association or a body; (iii) a corporate or an unincorporate entity; or (iv) constituted under the law of a country other than Singapore; ( b ) it does not matter whether the business mentioned in subsection (1)( a ) — (i) is carried on for profit or otherwise; or (ii) is the sole or main business of X ; and ( c ) it does not matter whether the schemes mentioned in subsection (1)( d ) are formulated or brought into operation before, on or after 21 November 2021. (3) In this Part — “members”, in relation to a CMO, means the authors, makers, publishers, performers and rights owners mentioned in subsection (1)( c )(ii), but not the CMO itself; “tariff scheme” means a scheme described in subsection (1)( d ) that is available to the public (or a segment of the public) in Singapore.


document_id: ca-2021
provision_ref: s460
chapter: PART 9 - REGULATION OF COLLECTIVE MANAGEMENT
section: 460
title: Purpose of this Part
content:
460. The purpose of this Part is to — ( a ) regulate CMOs under a class licensing scheme administered by IPOS; and ( b ) confer on Copyright Tribunals powers over the circumstances in which, and the terms on which, CMOs grant permission to use copyrighted works and protected performances. Division 2 &#x2014; Class licensing of CMOs


document_id: ca-2021
provision_ref: s461
chapter: PART 9 - REGULATION OF COLLECTIVE MANAGEMENT
section: 461
title: CMOs must be licensed
content:
461. —(1) It is an offence for a person to carry on business as a CMO — ( a ) without a class licence; or ( b ) while under a cessation order. (2) A person who commits an offence under subsection (1) 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.


document_id: ca-2021
provision_ref: s462
chapter: PART 9 - REGULATION OF COLLECTIVE MANAGEMENT
section: 462
title: Class licences
content:
462. —(1) The Minister may, by regulations — ( a ) establish one or more class licences (whether for all CMOs or for different classes of CMOs); ( b ) prescribe, change, add to or revoke class licence conditions; and ( c ) end a class licence. (2) Without limiting subsection (1)(b), class licence conditions may relate to — ( a ) the rights that a CMO must grant to its members; ( b ) the collection and distribution of royalties or any other payment by the CMO; ( c ) the information that a CMO must provide to its members or the public; ( d ) the manner by which a CMO must resolve any disputes with its members; and ( e ) the governance of a CMO.


document_id: ca-2021
provision_ref: s463
chapter: PART 9 - REGULATION OF COLLECTIVE MANAGEMENT
section: 463
title: Financial penalty for non‑compliance with class licence conditions
content:
463. —(1) If IPOS finds that a licensed CMO has contravened any of its class licence conditions, IPOS may, by written notice, impose — ( a ) a financial penalty not exceeding $20,000 on the CMO; and ( b ) a financial penalty not exceeding $20,000 on each officer of the CMO that IPOS considers to be responsible for the contravention. (2) Before imposing a financial penalty on a person under subsection (1), IPOS must give the person an opportunity to make representations in accordance with the prescribed procedure. (3) A financial penalty imposed under subsection (1) is recoverable as a fine. (4) Financial penalties collected under subsection (1) must be paid into the Consolidated Fund.


document_id: ca-2021
provision_ref: s464
chapter: PART 9 - REGULATION OF COLLECTIVE MANAGEMENT
section: 464
title: Regulatory directions to CMOs and their officers
content:
464. —(1) Subject to subsection (3), IPOS may, by written notice, give directions to a CMO or any officer of a CMO for any of the following purposes: ( a ) to obtain information about the CMO and its business as a CMO, for the purpose of regulating CMOs in general; ( b ) to secure the CMO’s compliance with its class licence conditions; ( c ) to ensure the good governance of the CMO; ( d ) to investigate or remedy any contravention by the CMO of its class licence conditions; ( e ) where the CMO is under a cessation order, to secure the orderly cessation of the CMO’s business as a CMO. (2) The power of IPOS under subsection (1) includes directing a CMO or any officer of a CMO to — ( a ) provide security for the CMO’s compliance with its class licence conditions; ( b ) conduct an audit of the CMO’s business at the expense of the CMO or officer; ( c ) if there is reason to believe, based on credible information, that the CMO has contravened one or more of its class licence conditions — (i) submit to an audit of the CMO’s business conducted by or at the direction of IPOS; (ii) pay the cost incurred by IPOS for the audit; and (iii) pay any other cost incurred by IPOS in relation to the audit, but only if the findings of the audit lead to — (A) a financial penalty being imposed on the CMO or an officer of the CMO; (B) a regulatory direction to the CMO or an officer of the CMO to turn over the conduct of the CMO’s business to a person appointed by IPOS; or (C) a cessation order being made against the CMO; ( d ) secure the removal or appointment of a person as an officer of the CMO; ( e ) turn over the conduct of the CMO’s business to a person appointed by IPOS; ( f ) stop taking on the management of new works or performances; and ( g ) in the case of an officer of the CMO — resign from or otherwise cease to act in that capacity. (3) Regulations may require IPOS to give a person an opportunity to make representations in accordance with the prescribed procedure before giving a regulatory direction to the person. (4) IPOS may, by written notice, revoke a regulatory direction at any time. (5) It is an offence for a person to — ( a ) fail to comply with a regulatory direction; or ( b ) knowingly do anything that prevents or impedes compliance with a regulatory direction. (6) A person who commits an offence under subsection (5) shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 6 months or to both. (7) For the purposes of subsection (2)(c) — ( a ) IPOS may certify in writing the cost incurred by IPOS for or in relation to an audit; and ( b ) unless the contrary is proved, the certified cost is presumed to be the cost for or in relation to that audit and is recoverable as a debt due from the CMO or officer to IPOS. (8) A regulatory direction has effect despite — ( a ) any written law; and ( b ) in the case of a CMO that is not an individual — anything in the memorandum or articles of association, or other constitution, of the CMO.


document_id: ca-2021
provision_ref: s465
chapter: PART 9 - REGULATION OF COLLECTIVE MANAGEMENT
section: 465
title: Cessation order
content:
465. —(1) IPOS may, by written notice, order a CMO to cease its business as a CMO indefinitely or for a specified period if — ( a ) the CMO fails to comply with — (i) a class licence condition; or (ii) a regulatory direction given to it; ( b ) an officer of the CMO fails to comply with a regulatory direction given to the officer; ( c ) there is significant impropriety in the financial affairs of the CMO; or ( d ) IPOS considers that the public interest so requires. (2) Before making a cessation order against a CMO, IPOS must give the CMO an opportunity to make representations in accordance with the prescribed procedure. (3) To avoid doubt, a cessation order may be made in addition to any financial penalty or sentence imposed on the CMO. (4) When a CMO is under a cessation order — ( a ) every class licence ceases to apply to it, unless the order otherwise specifies; but ( b ) to avoid doubt, it is still subject to regulatory directions. (5) IPOS may, by written notice, revoke a cessation order at any time.


document_id: ca-2021
provision_ref: s466
chapter: PART 9 - REGULATION OF COLLECTIVE MANAGEMENT
section: 466
title: Reconsideration of decisions
content:
466. —(1) This section applies where IPOS — ( a ) imposes a financial penalty on a person; ( b ) makes a cessation order against a person; or ( c ) gives a regulatory direction to a person. (2) The person may apply to IPOS, within the prescribed time and in the prescribed manner, for IPOS to reconsider its decision. (3) In an application for reconsideration — ( a ) IPOS must, within the prescribed time, confirm, vary or set aside its decision; and ( b ) unless IPOS otherwise orders, a financial penalty must be paid, and a cessation order or regulatory direction complied with, pending reconsideration by IPOS. (4) This section does not require IPOS to reconsider a decision made after reconsideration.


document_id: ca-2021
provision_ref: s467
chapter: PART 9 - REGULATION OF COLLECTIVE MANAGEMENT
section: 467
title: Appeal
content:
467. —(1) This section applies where IPOS, after reconsideration under section 466 — ( a ) confirms or varies a financial penalty imposed on a person; ( b ) confirms or varies a cessation order made against a person; or ( c ) confirms or varies a regulatory direction given to a person to turn over the conduct of the CMO’s business to a person appointed by IPOS. (2) The person may appeal to the Minister within the prescribed time and in the prescribed manner. (3) In an appeal — ( a ) the Minister may confirm, vary or set aside the decision appealed against; ( b ) for the purposes of deciding the appeal, the Minister may require the appellant or any other person (whether or not the person is a party to the appeal) to provide the Minister with any information that is relevant to the appeal, and to do so within the time and the manner specified by the Minister; and ( c ) unless the Minister otherwise orders, the person must pay the financial penalty or comply with the cessation order or regulatory direction (as the case may be) pending the appeal. Division 3 &#x2014; Review of tariff schemes, etc.,
by Copyright Tribunals


document_id: ca-2021
provision_ref: s468
chapter: PART 9 - REGULATION OF COLLECTIVE MANAGEMENT
section: 468
title: Interpretation: who is an intending user of a tariff scheme
content:
468. In this Division, an “intending user”, in relation to a tariff scheme — ( a ) is a person who requires permission in a case falling under a class of cases to which the tariff scheme applies; and ( b ) includes a person who has been granted permission under the tariff scheme, but who requires further permission of the same kind after the expiry of the granted permission.


document_id: ca-2021
provision_ref: s469
chapter: PART 9 - REGULATION OF COLLECTIVE MANAGEMENT
section: 469
title: Interpretation: when does a tariff scheme apply or not apply to a case
content:
469. For the purposes of this Division, a tariff scheme (being a scheme that is in force) is taken — ( a ) subject to paragraph ( b ), as applying to a case if permission would be granted in that case under the terms of the tariff scheme; and ( b ) as not applying to a case if — (i) the permission granted would be subject to exceptions; and (ii) the case falls within one or more of those exceptions.


document_id: ca-2021
provision_ref: s470
chapter: PART 9 - REGULATION OF COLLECTIVE MANAGEMENT
section: 470
title: Review of proposed tariff scheme
content:
470. —(1) A CMO may refer a tariff scheme formulated by it to a Copyright Tribunal before bringing the scheme into force. (2) The Tribunal must, after reviewing the tariff scheme and having regard to what is reasonable in the circumstances — ( a ) make an order to confirm or vary the tariff scheme (including substituting the tariff scheme with another tariff scheme); ( b ) specify the date from which the order has effect; and ( c ) specify whether the order has effect indefinitely or for a specified period. (3) To avoid doubt, the Tribunal is not constrained by any term of the tariff scheme (whether relating to its duration or otherwise) in making an order under subsection (2). (4) Before an order is made under subsection (2), the CMO may do either or both of the following: ( a ) bring the tariff scheme into force; ( b ) withdraw the reference (whether or not the tariff scheme has been brought into force). (5) Once an order under subsection (2) takes effect, the tariff scheme — ( a ) comes into force (if it has not already been brought into force); and ( b ) remains in force so long as the order has effect.


document_id: ca-2021
provision_ref: s471
chapter: PART 9 - REGULATION OF COLLECTIVE MANAGEMENT
section: 471
title: Review of in‑force tariff scheme
content:
471. —(1) This section applies where — ( a ) a tariff scheme is in force; and ( b ) there is a dispute about the terms of the tariff scheme between the CMO that formulated the tariff scheme and — (i) an intending user of the tariff scheme; or (ii) an organisation that is representative of intending users of the tariff scheme. (2) The CMO, user or organisation may refer the tariff scheme, so far as it relates to the class of cases the user or organisation is concerned with, to a Copyright Tribunal. (3) The Tribunal must reject the reference without considering its merits if — ( a ) it is made by an organisation; and ( b ) the organisation is not reasonably representative of the intending users it claims to represent. (4) Subject to subsection (3), the Tribunal must, after reviewing the tariff scheme and having regard to what is reasonable in the circumstances — ( a ) make an order to confirm or vary the tariff scheme (including substituting the tariff scheme with another tariff scheme); ( b ) specify the date from which the order has effect; and ( c ) specify whether the order has effect indefinitely or for a specified period. (5) To avoid doubt, the Tribunal is not constrained by any term of the tariff scheme (whether relating to its duration or otherwise) in making an order under subsection (4). (6) The reference may be withdrawn at any time before the Tribunal makes an order under subsection (4). (7) Despite anything in the tariff scheme but subject to any interim order made by the Tribunal, the tariff scheme remains in force while the reference is pending. (8) Once an order made under subsection (4) takes effect, the tariff scheme remains in force so long as the order has effect.


document_id: ca-2021
provision_ref: s472
chapter: PART 9 - REGULATION OF COLLECTIVE MANAGEMENT
section: 472
title: Review after order made under section 470 or 471, etc.
content:
472. —(1) This section applies where an order (called in this section the existing order) has been made under section 470 or 471, or under subsection (6)( b ), in respect of a tariff scheme. (2) Subject to subsections (3) and (4), the following persons may refer the tariff scheme to a Copyright Tribunal at any time while the existing order has effect: ( a ) the CMO operating the tariff scheme; ( b ) an intending user of the tariff scheme; ( c ) an organisation that is representative of intending users of the tariff scheme. (3) If the existing order applies only to one or some (but not all) of the classes of cases to which the tariff scheme applies — ( a ) the intending user mentioned in subsection (2)( b ) must be an intending user in respect of the class or classes of cases to which the existing order applies; ( b ) the organisation mentioned in subsection (2)( c ) must be representative of intending users in respect of the class or classes of cases to which the existing order applies; and ( c ) the reference must relate only to the class or classes of cases to which the existing order applies. (4) The permission of a Tribunal is required to bring a reference in the following cases: ( a ) if the existing order has effect indefinitely or for a period exceeding 15 months — less than 12 months have elapsed since the date of the order; ( b ) if the existing order has effect for a period of 15 months or less — there are more than 3 months before the order expires. (5) The Tribunal must reject the reference without considering its merits if — ( a ) it is made by an organisation; and ( b ) the organisation is not reasonably representative of the intending users it claims to represent. (6) Subject to subsection (5), the Tribunal must, after reviewing the tariff scheme and having regard to what is reasonable in the circumstances — ( a ) confirm the existing order; or ( b ) revoke the existing order and make a fresh order to vary the tariff scheme (including substituting the tariff scheme with another tariff scheme), in which case the Tribunal must also — (i) specify the date from which the fresh order has effect; and (ii) specify whether the fresh order has effect indefinitely or for a specified period. (7) To avoid doubt, the Tribunal is not constrained by any term of the tariff scheme (whether relating to its duration or otherwise) in making a fresh order under subsection (6)( b ). (8) The reference may be withdrawn at any time before the Tribunal makes a decision under subsection (6). (9) Despite anything in the tariff scheme but subject to any interim order made by the Tribunal, the tariff scheme remains in force while the reference is pending. (10) Once an order under subsection (6)( b ) takes effect, the tariff scheme remains in force so long as the order has effect. (11) This section does not prevent a person from bringing a reference of the tariff scheme under section 470 or 471 at any time — ( a ) in respect of any class of cases to which the existing order does not apply; or ( b ) after the existing order expires.


document_id: ca-2021
provision_ref: s473
chapter: PART 9 - REGULATION OF COLLECTIVE MANAGEMENT
section: 473
title: Effect where tariff scheme remains in force pending reference or after Tribunal order
content:
473. —(1) This section applies where a tariff scheme remains in force — ( a ) under section 471(7) or 472(9) while a reference is pending; or ( b ) under an order of a Copyright Tribunal made under section 470(2), 471(4) or 472(6). (2) While the tariff scheme remains in force, a person is deemed to have been granted permission in accordance with the tariff scheme if the person complies with the terms of the tariff scheme (including any variations ordered by the Tribunal) at all material times. (3) For the purposes of subsection (2), if the terms of a tariff scheme require the payment of a sum the amount of which cannot be ascertained at the material time, a person is deemed to have complied with those terms if the person — ( a ) gives the CMO operating the tariff scheme a written undertaking to pay the sum when it is ascertained; and ( b ) pays the sum to the CMO as soon as practicable when it is ascertained. (4) If — ( a ) while the tariff scheme remains in force, a person does an act that — (i) is a rights infringement; but (ii) would not be a rights infringement if permission had been granted under the tariff scheme; and ( b ) the terms of the tariff scheme require the payment of a sum for the grant of that permission, the sum is recoverable as a debt due by the person to the CMO. (5) Upon the payment or recovery of the sum mentioned in subsection (4), the person is deemed for the purposes of subsection (2) to have complied with the terms of the tariff scheme so far as they relate to the payment of the sum.


document_id: ca-2021
provision_ref: s474
chapter: PART 9 - REGULATION OF COLLECTIVE MANAGEMENT
section: 474
title: Application to Tribunal for permission to be granted on reasonable terms
content:
474. —(1) The following persons or organisations may make an application against a CMO to a Copyright Tribunal: ( a ) a person ( X ) who claims, in a case to which a tariff scheme applies, that — (i) the CMO operating the tariff scheme has refused to grant X (or procure the grant to X of) permission in accordance with the terms of the tariff scheme after a request was made by X ; or (ii) the terms of the tariff scheme for granting (or procuring the grant of) permission to X are unreasonable in the circumstances; ( b ) a person ( Y ) who claims to require permission in a case where — (i) a tariff scheme does not apply, has not been formulated or is not in force; and (ii) a CMO has — (A) unreasonably refused to grant (or procure the grant of) the required permission after a request was made by Y ; or (B) proposed to grant (or procure the grant of) permission to Y on terms that are unreasonable in the circumstances; ( c ) an organisation ( Z ) that is representative of persons to which paragraph ( b ) applies. (2) For the purposes of subsection (1), a CMO is deemed to have refused to grant (or procure the grant of) permission to a person if it fails to grant (or procure the grant of) that permission within a reasonable time after a request to do so. (3) The Tribunal must reject the application without considering its merits if — ( a ) it is made by an organisation; and ( b ) the organisation is not reasonably representative of the persons it claims to represent. (4) Subject to subsection (3), the Tribunal may, having regard to what is reasonable in the circumstances, order the CMO — ( a ) to grant (or procure the grant of) the permission required by X , Y or the persons represented by Z , as the case may be; and ( b ) to do so on the terms specified by the Tribunal. (5) While an order under subsection (4) has effect, X , Y or a person represented by Z (as the case may be) is deemed to have been granted the relevant permission if X , Y or the person complies with the terms specified by the Tribunal at all material times. (6) For the purposes of subsection (5), if the terms specified by the Tribunal require the payment of a sum the amount of which cannot be ascertained at the material time, a person is deemed to have complied with those terms if the person — ( a ) gives the CMO a written undertaking to pay the sum when it is ascertained; and ( b ) pays the sum to the CMO as soon as practicable when it is ascertained. (7) If — ( a ) while the order of the Tribunal has effect, a person does an act that — (i) is a rights infringement; but (ii) would not be a rights infringement if permission is deemed to have been granted under subsection (5); and ( b ) the terms of the order require the payment of a sum for the grant of that permission, the sum is recoverable as a debt due by the person to the CMO. (8) Upon the payment or recovery of the sum mentioned in subsection (7), the person is deemed for the purposes of subsection (5) to have complied with the terms of the order so far as they relate to the payment of the sum.


document_id: ca-2021
provision_ref: s475
chapter: PART 9 - REGULATION OF COLLECTIVE MANAGEMENT
section: 475
title: Orders not to contradict regulatory directions or class licence conditions
content:
475. —(1) Despite any contrary provision in this Division, a Copyright Tribunal may not order a CMO to do anything that contravenes any class licence condition or regulatory direction applicable to the CMO. (2) Without limiting section 494 (reference of question of law), the question whether an order or a proposed order of a Copyright Tribunal requires a CMO to do anything that contravenes any class licence condition or regulatory direction applicable to the CMO is a question of law that may be referred under that section. Division 4 &#x2014; Miscellaneous


document_id: ca-2021
provision_ref: s476
chapter: PART 9 - REGULATION OF COLLECTIVE MANAGEMENT
section: 476
title: CMO may apply to Tribunal on behalf of rights owners
content:
476. —(1) A CMO that manages the use of a work or protected performance on behalf of the rights owner may make an application to a Tribunal under this Act on behalf of the rights owner. (2) A CMO may make a single application under subsection (1) on behalf of 2 or more rights owners.


document_id: ca-2021
provision_ref: s477
chapter: PART 10 - COPYRIGHT TRIBUNALS
section: 477
title: Interpretation of this Part
content:
477. In this Part, unless the context otherwise requires — “case”, in relation to a Tribunal, means a proceeding other than an inquiry; “inquiry” means an inquiry under section 262(2); “member”, in relation to a Tribunal, means the members of the Tribunal as constituted under section 486, or reconstituted under section 487, and includes the presiding member; “officer”, in relation to the Tribunals, includes the secretary; “order” includes an interim order; “panel” means the panel constituted by section 480; “party” includes a person making a representation to a Tribunal in an inquiry; “president” means the president of the Tribunals appointed under section 480(1)( a ); “presiding member”, in relation to a Tribunal, means the presiding member of the Tribunal as constituted under section 486 or reconstituted under section 487; “proceeding”, in relation to a Tribunal, includes an inquiry; “secretary” means the secretary of the Tribunals appointed under section 481( a ).


document_id: ca-2021
provision_ref: s478
chapter: PART 10 - COPYRIGHT TRIBUNALS
section: 478
title: Agreements or awards not affected
content:
478. This Part does not affect the operation of any agreement or of any award made by an arbitrator (whether the agreement or award is made before, on or after 21 November 2021). Division 2 &#x2014; Establishment of Tribunals


document_id: ca-2021
provision_ref: s480
chapter: PART 10 - COPYRIGHT TRIBUNALS
section: 480
title: Appointment of president, deputy presidents and panel
content:
480. —(1) The Minister is to appoint — ( a ) a president of the Tribunals; ( b ) not more than 2 deputy presidents of the Tribunals; and ( c ) not more than 15 persons to be members of a panel. (2) The president must be a person who is, or is qualified to be appointed as, a District Judge. (3) A deputy president must be a person who has been for 5 or more years a qualified person as defined by section 2(1) of the Legal Profession Act 1966. (4) A person appointed under subsection (1) — ( a ) is to hold office for a term specified by the Minister when making the appointment; ( b ) may, if the appointment expires while he or she is hearing a case, continue to hear and decide the case (and is deemed to continue to hold the appointment for this purpose); ( c ) may resign his or her office at any time by writing to the Minister; and ( d ) is eligible for re-appointment. (5) The Minister may revoke the appointment of a person under subsection (1) on the grounds of the person’s unfitness to continue in office or incapacity to perform the functions of his or her office. (6) An appointment under this section must be published in the Gazette . [Act 5 of 2025 wef 09/03/2025]


document_id: ca-2021
provision_ref: s481
chapter: PART 10 - COPYRIGHT TRIBUNALS
section: 481
title: Appointment of secretary and other officers
content:
481. The Minister may appoint — ( a ) a secretary to the Tribunals; and ( b ) other officers of the Tribunals.


document_id: ca-2021
provision_ref: s482
chapter: PART 10 - COPYRIGHT TRIBUNALS
section: 482
title: Remuneration, allowances and expenses
content:
482. —(1) The Minister may determine that a person (other than a public officer) who sits as a member of a Tribunal is to be paid a remuneration (whether by way of salary or fees) and allowances. (2) The remuneration and allowances in subsection (1), and the expenses of the Tribunals as determined by the Minister, are to be paid out of moneys provided by Parliament. (3) The remuneration of the secretary and other officers of the Tribunals are to be paid out of the funds of IPOS.


document_id: ca-2021
provision_ref: s483
chapter: PART 10 - COPYRIGHT TRIBUNALS
section: 483
title: Protection of members
content:
483. A member of a Tribunal has, in the performance of his or her duty as a member, the same protection that a District Judge has under the State Courts Act 1970.


document_id: ca-2021
provision_ref: s484
chapter: PART 10 - COPYRIGHT TRIBUNALS
section: 484
title: Members and officers deemed to be public servants
content:
484. Every member of a Tribunal and every officer of the Tribunals are deemed to be public servants within the meaning of the Penal Code 1871. Division 3 &#x2014; Functions, procedure and evidence


document_id: ca-2021
provision_ref: s485
chapter: PART 10 - COPYRIGHT TRIBUNALS
section: 485
title: Functions of Tribunals
content:
485. It is the function of the Copyright Tribunals to, in accordance with this Act — ( a ) decide the amount of equitable remuneration payable under the provisions of this Act; ( b ) hear and determine an application for a suspension order under section 199; ( c ) hold inquiries under section 262; ( d ) decide the terms of doing a public act under section 286; ( e ) exercise the powers relating to tariff schemes in Division 3 of Part 9; and ( f ) perform any other function conferred on the Copyright Tribunals by this Act.


document_id: ca-2021
provision_ref: s486
chapter: PART 10 - COPYRIGHT TRIBUNALS
section: 486
title: Constitution of Tribunals
content:
486. Subject to this Act, a Tribunal is constituted by — ( a ) the president, or a deputy president designated by the president, who is to be the presiding member; and ( b ) 2 other members selected by the president from the panel.


document_id: ca-2021
provision_ref: s487
chapter: PART 10 - COPYRIGHT TRIBUNALS
section: 487
title: Reconstitution of Tribunal if member unable to continue
content:
487. —(1) This section applies where any member of a Tribunal (called in this section the former member) is unable to continue taking part in a proceeding because of illness, absence or any other cause. (2) If the former member is the president, the Tribunal is to be reconstituted with a new president appointed by the Minister. (3) If the former member is a deputy president, the president is to reconstitute the Tribunal by — ( a ) sitting as the presiding member; or ( b ) designating another deputy president to sit as the presiding member. (4) If the former member is a member of the panel, the president is to reconstitute the Tribunal by selecting another member of the panel to sit on the Tribunal. (5) The Tribunal as reconstituted under subsection (2), (3) or (4) — ( a ) may continue to dispose of the proceeding, and for this purpose may consider everything that has been said or done earlier in the proceeding; but ( b ) if the proceeding is a case, the Tribunal must hear the case afresh if all the parties so request.


document_id: ca-2021
provision_ref: s489
chapter: PART 10 - COPYRIGHT TRIBUNALS
section: 489
title: Proceedings to be in public
content:
489. —(1) Subject to subsection (2), the proceedings of a Tribunal are to be held in public. (2) If a Tribunal considers that there is sufficient reason to do so, the Tribunal may — ( a ) direct that — (i) a proceeding before the Tribunal is to be held in private; (ii) only specified individuals may be admitted to a proceeding before the Tribunal; or (iii) specified individuals are excluded from a proceeding before the Tribunal; and ( b ) prohibit or restrict the publication of — (i) any evidence given (whether in public or private, or orally or in writing) before the Tribunal; or (ii) any information relating to a proceeding before the Tribunal. (3) In subsection (2), “proceeding” includes part of a proceeding.


document_id: ca-2021
provision_ref: s490
chapter: PART 10 - COPYRIGHT TRIBUNALS
section: 490
title: Decisions how made
content:
490. —(1) A decision of a Tribunal is to be made in accordance with the opinion of the majority of its members. (2) Subsection (1) does not apply to any matter that the presiding member may decide alone.


document_id: ca-2021
provision_ref: s491
chapter: PART 10 - COPYRIGHT TRIBUNALS
section: 491
title: Evidence
content:
491. —(1) A Tribunal is not bound by the Evidence Act 1893 or any other rule of evidence. (2) A Tribunal may — ( a ) take evidence on oath and for that purpose administer an oath; ( b ) take evidence orally or in writing; ( c ) allow or appoint expert witnesses to assist the Tribunal; or ( d ) summon a person to appear before the Tribunal to — (i) give evidence; or (ii) produce any document or thing that is in the possession, custody or control of the person. (3) A witness before a Tribunal has the same privileges and immunities, and is subject to the same civil and criminal liabilities (in addition to those under this Act), as if he or she were a witness before a District Court.


document_id: ca-2021
provision_ref: s492
chapter: PART 10 - COPYRIGHT TRIBUNALS
section: 492
title: Provisions on inquiries
content:
492. —(1) After a Tribunal completes an inquiry, it must submit a report to the Minister setting out — ( a ) the findings and recommendations required by its terms of reference; and ( b ) any other matter that the Tribunal considers to be relevant to its terms of reference. (2) A Tribunal may submit an interim report before submitting its final report. (3) The Minister may (but need not) cause a report or an interim report of a Tribunal to be made public. (4) In this section, “Minister” means the Minister charged with the responsibility for trade and industry.


document_id: ca-2021
provision_ref: s493
chapter: PART 10 - COPYRIGHT TRIBUNALS
section: 493
title: Orders of Tribunal
content:
493. —(1) A Tribunal may make an interim order in a case before making its final decision on the case. (2) After a Tribunal makes an order, it may — ( a ) at any time, correct any clerical error in the order; and ( b ) within 7 working days after the order is delivered, correct any other error in the order. (3) In any proceedings, a document purporting to be certified by the secretary as a true copy of an order of the Tribunal is evidence of the order. (4) To avoid doubt, subsection (3) does not prevent an order of a Tribunal from being proved in any other way. (5) Where a Tribunal orders a person ( X ) to pay a sum to another person ( Y ) (whether as equitable remuneration, costs or otherwise), that sum is recoverable from X as a debt due to Y .


document_id: ca-2021
provision_ref: s494
chapter: PART 10 - COPYRIGHT TRIBUNALS
section: 494
title: Reference of question of law arising in case to Court
content:
494. —(1) A Tribunal may, in accordance with this section, refer a question of law arising in any case before the Tribunal for the opinion of the Court. [Act 22 of 2021 wef 01/04/2022] (2) A reference is to be made by way of a case stated. (3) A reference — ( a ) may be made by the Tribunal on its own motion (whether or not it has decided the case); ( b ) may be made by the Tribunal on the request of a party, which request may only be made — (i) before the Tribunal decides the case; or (ii) within 14 days after the date on which the Tribunal decides the case; and ( c ) must be made by the Tribunal if it is so directed by the Court in an application, which application may only be made — (i) by a party who made a request under paragraph ( b ) that was refused by the Tribunal; and (ii) within 14 days after the date of the refusal. [Act 22 of 2021 wef 01/04/2022] (4) Every party to the case is entitled to be heard in a reference under subsection (1) or an application under subsection (3)( c ). (5) Where a reference is made — ( a ) the Court is to give its opinion on the referred question of law and remit the case to the Tribunal; and [Act 22 of 2021 wef 01/04/2022] ( b ) the Tribunal must then give effect to the opinion of the Court and for this purpose may — (i) reconsider or rehear any matter in the case; (ii) modify or revoke any order previously made by the Tribunal; and (iii) make a fresh order. [Act 22 of 2021 wef 01/04/2022] (6) The decision of the Court on a reference is final. [Act 22 of 2021 wef 01/04/2022] (7) In this section, “question of law” does not include a question whether there is sufficient evidence to justify a finding of fact by a Tribunal. [Act 22 of 2021 wef 01/04/2022]


document_id: ca-2021
provision_ref: s495
chapter: PART 10 - COPYRIGHT TRIBUNALS
section: 495
title: Representation
content:
495. In any proceeding before a Tribunal — ( a ) any party may be represented by an advocate; ( b ) an individual who is a party may appear in person; and ( c ) a party that is not an individual may be represented by a prescribed person, but only if permission is granted by the Tribunal.


document_id: ca-2021
provision_ref: s497
chapter: PART 10 - COPYRIGHT TRIBUNALS
section: 497
title: Regulations on procedure
content:
497. Regulations may prescribe the practice and procedure to be followed in the Tribunals, including — ( a ) the persons who may bring proceedings before a Tribunal; ( b ) the manner in which, and the time within which, a proceeding is to be brought; ( c ) the parties to a proceeding before a Tribunal (including persons who may be joined as parties); ( d ) any notice or publicity to be given of a proceeding or an intended proceeding before a Tribunal; ( e ) any notice or publicity to be given of an order or an intended order of a Tribunal; ( f ) the manner in which a summons of a Tribunal is to be made or served; ( g ) the scale of costs, fees and expenses to be paid to any party or witness; ( h ) the costs and fees payable in proceedings before a Tribunal; ( i ) the manner in which an order or a report of a Tribunal is to be made; ( j ) the procedure to be followed in a Tribunal in relation to making a reference under section 494; ( k ) circumstances in which a Tribunal must or may suspend an order made by it and, in relation to a suspended order, modifications to any provisions of this Act relating to the effect of an order; and ( l ) matters that are to be or may be regulated by practice directions issued for the time being by the president.


document_id: ca-2021
provision_ref: s498
chapter: PART 10 - COPYRIGHT TRIBUNALS
section: 498
title: Other provisions on procedure
content:
498. —(1) A Tribunal is to conduct proceedings with as little formality, and with as much expedition, as the requirements of this Act and a proper consideration of the matters before the Tribunal permit. (2) Subject to this Act, a Tribunal may regulate its own procedure.


document_id: ca-2021
provision_ref: s499
chapter: PART 11 - MISCELLANEOUS
section: 499
title: Groundless threats of legal proceedings for copyright infringement
content:
499. —(1) This section applies where a person ( X ) threatens another person ( Y ) with any proceedings in respect of an infringement of copyright. (2) Y or any aggrieved person may bring an action in the Court against X . (3) In an action under subsection (2), the claimant may — ( a ) obtain a declaration to the effect that the threat is unjustifiable; ( b ) obtain an injunction against the continuance of the threat; and ( c ) recover such damages (if any) as the claimant has sustained. (4) Subsection (3) does not apply if X proves that the acts in respect of which X has threatened proceedings are (or would, if done, be) an infringement of copyright. (5) To avoid doubt, X may, in an action under subsection (2), make a counterclaim for an infringement of copyright. (6) This section does not make an advocate and solicitor liable for anything done by him or her in his or her professional capacity on behalf of a client. (7) For the purposes of this section — ( a ) it does not matter whether the threat is made by a circular, an advertisement or otherwise; ( b ) it does not matter whether X is or is not the owner or an exclusive licensee of the copyright concerned; and ( c ) the mere notification of the existence of a copyright is not a threat of proceedings.


document_id: ca-2021
provision_ref: s500
chapter: PART 11 - MISCELLANEOUS
section: 500
title: Offences by bodies corporate, etc.
content:
500. —(1) Where an offence under this Act committed by a body corporate is proved — ( a ) to have been committed with the consent or connivance of an officer of the body corporate; or ( b ) to be attributable to any neglect on his or her part, the officer as well as the body corporate shall be guilty of the offence and shall be liable to be proceeded against and punished accordingly. (2) Where the affairs of a body corporate are managed by its members, subsection (1) applies in relation to the acts and defaults of a member in connection with his or her functions of management as if he or she were a director of the body corporate. (3) Where an offence under this Act committed by a partnership is proved — ( a ) to have been committed with the consent or connivance of a partner; or ( b ) to be attributable to any neglect on his or her part, the partner as well as the partnership shall be guilty of the offence and shall be liable to be proceeded against and punished accordingly. (4) Where an offence under this Act committed by an unincorporated association (other than a partnership) is proved — ( a ) to have been committed with the consent or connivance of an officer of the unincorporated association or a member of its governing body; or ( b ) to be attributable to any neglect on the part of such an officer or member, the officer or member as well as the unincorporated association shall be guilty of the offence and shall be liable to be proceeded against and punished accordingly. (5) In this section — “body corporate” includes a limited liability partnership as defined by section 4(1) of the Limited Liability Partnerships Act 2005; “officer” — ( a ) in relation to a body corporate — means any director, partner, member of the committee of management, chief executive, manager, secretary or other similar officer of the body corporate and includes any person purporting to act in any such capacity; or ( b ) in relation to an unincorporated association (other than a partnership) — means the president, the secretary, or any member of the committee of the unincorporated association, or any person holding a position analogous to that of president, secretary or member of such a committee and includes any person purporting to act in any such capacity; “partner” includes a person purporting to act as a partner. (6) The Minister may make regulations to provide for the application of any provision of this section, with such modifications as the Minister considers appropriate, to a body corporate or an unincorporated association formed or recognised under the law of a territory outside Singapore.


document_id: ca-2021
provision_ref: s501
chapter: PART 11 - MISCELLANEOUS
section: 501
title: Jurisdiction of courts
content:
501. —(1) Despite the Criminal Procedure Code 2010, a District Court or a Magistrate’s Court has jurisdiction to try any offence under this Act or the 1987 Act and has power to impose the full punishment for any such offence. (2) Subject to subsection (1), the General Division of the High Court is the court that has jurisdiction in matters under this Act and the 1987 Act. (3) Subsection (2) does not affect any proceedings brought before the date of its commencement.


document_id: ca-2021
provision_ref: s502
chapter: PART 11 - MISCELLANEOUS
section: 502
title: Application of Government Proceedings Act 1956
content:
502. To avoid doubt, it is declared that section 12 of the Government Proceedings Act 1956 (which relates to infringements of industrial property by employees or agents of the Government) applies to copyright under this Act.


document_id: ca-2021
provision_ref: s503
chapter: PART 11 - MISCELLANEOUS
section: 503
title: Application of Electronic Transactions Act 2010
content:
503. To avoid doubt, section 26(1) of the Electronic Transactions Act 2010 (which relates to the limitation of liability against network service providers) applies in relation to any civil or criminal liability under this Act other than liability in respect of a rights infringement.


document_id: ca-2021
provision_ref: s504
chapter: PART 11 - MISCELLANEOUS
section: 504
title: Immunity of officers and employees of Government and IPOS
content:
504. No liability shall lie against any officer or employee of the Government or of IPOS for anything done or omitted to be done — ( a ) in good faith and with reasonable care; and ( b ) in the exercise or purported exercise of any power, duty or function under this Act.


document_id: ca-2021
provision_ref: s505
chapter: PART 11 - MISCELLANEOUS
section: 505
title: Regulations
content:
505. —(1) The Minister may make regulations — ( a ) to prescribe anything that is required or permitted to be prescribed by this Act; and ( b ) generally for the purposes of this Act. (2) Without limiting subsection (1), regulations may provide for — ( a ) the keeping and retention of records and declarations 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.


document_id: ca-2021
provision_ref: s506
chapter: PART 11 - MISCELLANEOUS
section: 506
title: Repeal of Copyright Act
content:
506. —(1) The Copyright Act (Cap. 63, 2006 Revised Edition) is repealed. (2) To avoid doubt, section 16 of the Interpretation Act 1965 applies in relation to the repeal of the Copyright Act (Cap. 63, 2006 Revised Edition).


document_id: ca-2021
provision_ref: s507
chapter: PART 11 - MISCELLANEOUS
section: 507
title: Related and consequential amendments, etc.
content:
507. —(1) [ Omitted as having had effect ] (2) [ Omitted as having had effect ] (3) [ Omitted as having had effect ] (4) The Intellectual Property Office of Singapore Act (Cap. 140, 2002 Ed.) is amended — ( a ) [ Omitted as having had effect ] ( b ) [ Omitted as having had effect ] ( c ) by inserting, immediately after item 4 in the Third Schedule, the following item: “ 5. Part 9, Division 2 of the Copyright Act 2021. ”. (5) [ Omitted as having had effect ] (6) [ Omitted as having had effect ] (7) [ Omitted as having had effect ] (8) [ Omitted as having had effect ] (9) [ Omitted as having had effect ] (10) The Copyright Act 2021 is amended — ( a ) by deleting the definition of “Court” in section 7(1) and substituting the following definition: “ “Court” means the General Division of the High Court; ”; ( b ) by deleting the words “General Division of the High Court” wherever they appear in the following provisions and substituting in each case the word “Court”: Sections 325(1) and (2), 326(5), 327(1) and (2) and 494(1), (3)( c ), (5)( a ) and ( b ) and (6); and ( c ) by deleting the words “General Division of High Court” in the section heading of section 494 and substituting the word “Court”.


document_id: ca-2021
provision_ref: s508
chapter: PART 12 - TRANSITIONAL
section: 508
title: References in laws and documents to predecessor Acts and copyright thereunder
content:
508. —(1) Without affecting the other provisions of this Part — ( a ) a reference in any law or document to a provision of a predecessor Act is to be read as a reference (or as including a reference) to the corresponding provision of this Act; ( b ) if, apart from this Act, a reference in any law or document to copyright would be read as a reference to copyright under a predecessor Act, the reference is to be read as a reference (or as including a reference) to copyright under this Act; ( c ) if, apart from this Act, a reference in any law or document to any subject matter in which copyright subsists would be read as a reference to the subject matter in which copyright subsisted under a predecessor Act, the reference is to be read as a reference (or as including a reference) to the subject matter in which copyright subsists under this Act; and ( d ) a reference in any law or document to the grant of an interest in copyright by licence is to be read, in relation to copyright under this Act, as a reference to the grant of a licence in respect of that copyright. (2) Subsection (1) is subject to any contrary intention in the law or document. (3) In this section — “document” means a contract, an agreement or any other instrument; “law” means any written law other than this Act; “predecessor Act” means the 1911 Act or the 1987 Act. Division 2 &#x2014; Works, acts, etc., before 1 July 1912


document_id: ca-2021
provision_ref: s509
chapter: PART 12 - TRANSITIONAL
section: 509
title: Interpretation of this Division and Division 3
content:
509. —(1) Wherever it is expressly so provided in this Division and Division 3 — “deliver”, in relation to a lecture, includes deliver by means of a mechanical instrument; “dramatic work” includes — ( a ) a piece for recitation; ( b ) a choreographic work or an entertainment in dumb show the scenic arrangement or acting form of which is fixed in writing or otherwise; and ( c ) a cinematograph production where the arrangement, the acting form or the combination of incidents represented gives the work an original character; “lecture” includes an address, a speech and a 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 — ( a ) means to make an acoustic representation of the work or a visual representation of a dramatic action in the work; and ( b ) includes such a representation made by means of a mechanical instrument; “photograph” includes photo‑lithograph and a work produced by a process similar to photography. (2) For the purposes of this Division and Division 3, if an authorial work, a sound recording or a film is made over a period of time, the work, recording or film is deemed not to have been made before 10 April 1987 unless the period of time ended before that date.


document_id: ca-2021
provision_ref: s510
chapter: PART 12 - TRANSITIONAL
section: 510
title: What is a substituted right
content:
510. In this Division, “substituted right” means a right conferred by section 24 of the 1911 Act in place of a right subsisting immediately before 1 July 1912.


document_id: ca-2021
provision_ref: s511
chapter: PART 12 - TRANSITIONAL
section: 511
title: No copyright in authorial works made before 1 July 1912 unless there is substituted right
content:
511. Despite sections 516 and 517, sections 109 and 110 (copyright in authorial works) do not confer any copyright on an authorial work made before 1 July 1912 unless a substituted right subsisted in the work immediately before 10 April 1987.


document_id: ca-2021
provision_ref: s512
chapter: PART 12 - TRANSITIONAL
section: 512
title:
Scope of copyright in dramatic or musical works made before 1 July 1912 depends on scope of substituted right

content:
512. —(1) Where a substituted right in relation to a dramatic or musical work made before 1 July 1912 did not include the sole right to perform the work in public, any copyright subsisting in the work under this Act does not include performing rights. (2) Where a substituted right in relation to a dramatic or musical work made before 1 July 1912 consisted only of the sole right to perform the work in public, any copyright subsisting in the work under this Act consists only of performing rights. (3) In this section, “performing rights”, in relation to a dramatic or musical work, means — ( a ) the exclusive right to perform the work, or an adaptation of the work, in public; ( b ) the exclusive right to broadcast the work 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.


document_id: ca-2021
provision_ref: s513
chapter: PART 12 - TRANSITIONAL
section: 513
title:
Copyright in contributions to periodicals made before 1 July 1912 subject to author’s right to publish in separate form

content:
513. —(1) This section applies where — ( a ) an authorial work made before 1 July 1912 consists of an essay, article or item that is part of, and first published in — (i) a review, magazine or other periodical; or (ii) a similar work; and ( b ) immediately before 10 April 1987, the author of the authorial work was entitled to a right of publishing the authorial work in a separate form by virtue of the note to the First Schedule to the 1911 Act. (2) Any copyright in the authorial work under this Act is subject to the author’s right mentioned in subsection (1)( b ).


document_id: ca-2021
provision_ref: s514
chapter: PART 12 - TRANSITIONAL
section: 514
title: Assignments and grants made before 1 July 1912
content:
514. —(1) This section applies where — ( a ) under this Act, copyright subsists in an authorial work made before 1 July 1912; and ( b ) the author of the work had, before 1 July 1912, made an assignment, or a grant, of a kind mentioned in paragraph ( a ) of the proviso to section 24(1) of the 1911 Act (called in this section the 1911 provision). (2) If — ( a ) an event occurred, or a notice was given, before 10 April 1987; and ( b ) under the 1911 provision, the event or notice would have — (i) affected the ownership of the substituted right in the authorial work; or (ii) created, transferred or terminated an interest, a right or a licence in the substituted right, the event or notice has the same effect in relation to any copyright in the authorial work under this Act. (3) If, by virtue of the 1911 provision and but for the repeal of the 1911 Act, a right would have been exercisable on or after 10 April 1987 — ( a ) in respect of the authorial work; or ( b ) in relation to the substituted right in the authorial work, the right continues to be exercisable in respect of the authorial work or in relation to the substituted right in the work, as the case may be. (4) If — ( a ) under the 1911 provision, the substituted right in the authorial work would have reverted to the author or the author’s personal representatives on the date mentioned in the relevant paragraph; and ( b ) that date occurs on or after 10 April 1987, then, on that date — ( c ) the copyright in the authorial work under this Act reverts to the author or the author’s personal representatives, as the case may be; and ( d ) if any other person has an interest in that copyright immediately before that date by virtue of any document made before 1 July 1912, that interest ceases. (5) This section does not limit section 524. Division 3 &#x2014; Works, acts, etc., before 10 April 1987


document_id: ca-2021
provision_ref: s515
chapter: PART 12 - TRANSITIONAL
section: 515
title:
Authorial works first published before 10 April 1987 — no revival of copyright expiring before 10 April 1987

content:
515. —(1) This section applies to an authorial work — ( a ) first published before 10 April 1987; but ( b ) made on or after 1 July 1912. (2) Division 2 of Part 3 does not confer any copyright on the work unless copyright subsisted in the work under the 1911 Act immediately before 10 April 1987.


document_id: ca-2021
provision_ref: s516
chapter: PART 12 - TRANSITIONAL
section: 516
title: Authorial works made before 10 April 1987 — modifications to section 109
content:
516. —(1) In relation to an authorial work made before 10 April 1987, a reference in section 109 (copyright in unpublished authorial works) to a qualified individual includes a reference to — ( a ) a British subject; and ( b ) a person domiciled in a country to which the 1911 Act extended. (2) This section is subject to section 515.


document_id: ca-2021
provision_ref: s517
chapter: PART 12 - TRANSITIONAL
section: 517
title: Authorial works first published before 10 April 1987 — modifications to section 110
content:
517. —(1) In relation to an authorial work first published before 10 April 1987 — ( a ) a reference to Singapore in section 110 (copyright in published authorial works) includes a reference to a country to which the 1911 Act extended; and ( b ) section 110(1)( a )(i) and (2)( b )(i) does not apply. (2) This section is subject to section 515.


document_id: ca-2021
provision_ref: s518
chapter: PART 12 - TRANSITIONAL
section: 518
title: Photographs taken before 10 April 1987 — who is the author
content:
518. For the purposes of this Act, the author of a photograph taken before 10 April 1987 is the person who, when the photograph was taken, owned the material on which the photograph was taken.


document_id: ca-2021
provision_ref: s519
chapter: PART 12 - TRANSITIONAL
section: 519
title: Photographs taken before 10 April 1987 — duration of copyright
content:
519. —(1) This section applies to a photograph taken before 10 April 1987. (2) Sections 114 and 115 (duration of copyright in authorial works) do not apply to the photograph. (3) Subject to any earlier expiration under section 110(1) as modified by sections 516 and 517, any copyright in the photograph by virtue of Division 2 of Part 3 expires 70 years after the end of the year in which the photograph was taken.


document_id: ca-2021
provision_ref: s520
chapter: PART 12 - TRANSITIONAL
section: 520
title: Artistic works made before 10 April 1987 — no copyright if work is registrable design
content:
520. This Act does not confer any copyright on an artistic work made before 10 April 1987 if the work, when it was made — ( a ) was a design capable of being registered under the Patents and Designs Act 1907 of the United Kingdom (U.K. 1907, c. 29); and ( b ) was used, or intended to be used, as a model or pattern to be multiplied by an industrial process.


document_id: ca-2021
provision_ref: s521
chapter: PART 12 - TRANSITIONAL
section: 521
title: Sound recordings made or first published before 10 April 1987 — modifications to section 120
content:
521. In relation to a sound recording made before 10 April 1987, a reference in section 120( a ) (copyright in sound recordings) to a qualified individual includes a reference to — ( a ) a reference in section 120( a ) (copyright in sound recordings) to a qualified individual includes a reference to — (i) a British subject; and (ii) a person domiciled in a country to which the 1911 Act extended; ( b ) despite section 120( b )(i), copyright does not subsist in the recording just because it was made in Singapore; and ( c ) for the purposes of section 120( b )(i), the recording is to be treated as first published in Singapore if it is first published in any country to which the 1911 Act extended.


document_id: ca-2021
provision_ref: s522
chapter: PART 12 - TRANSITIONAL
section: 522
title: Sound recordings made before 10 April 1987 — duration of copyright
content:
522. —(1) This section applies where — ( a ) a sound recording was made before 10 April 1987; and ( b ) copyright subsists in a sound recording by virtue of section 120 (copyright in sound recordings) as modified by section 521. (2) Section 122 (duration of copyright in sound recordings) does not apply. (3) The copyright expires 70 years after the end of the year in which the recording was made.


document_id: ca-2021
provision_ref: s523
chapter: PART 12 - TRANSITIONAL
section: 523
title: Films made before 10 April 1987 — treatment
content:
523. —(1) This section applies to a film that was made before 10 April 1987. (2) If the film is a dramatic work as defined by section 509(1) — ( a ) the film is to be treated as an original dramatic work for the purposes of this Act; and ( b ) the author of the film (as a dramatic work) is the person who would be the author of the film under the 1911 Act. (3) This Act applies to a photograph forming part of the film as it applies to a photograph that does not form part of a film.


document_id: ca-2021
provision_ref: s524
chapter: PART 12 - TRANSITIONAL
section: 524
title:
Assignments and licences made before 10 April 1987 in relation to authorial works, sound recordings and films to have similar effect

content:
524. —(1) This section applies where — ( a ) under this Act, copyright subsists in a work, being — (i) an authorial work; (ii) a sound recording; or (iii) a film; ( b ) a document was made, or an event occurred, before 10 April 1987; and ( c ) the document or event — (i) affected the ownership of the copyright in the work under the 1911 Act; (ii) created, transferred or terminated an interest, a right or a licence in the copyright in the work under the 1911 Act; or (iii) would have had the effect mentioned in sub‑paragraph (i) or (ii) if the 1911 Act had continued in force. (2) Subject to subsections (3) and (4) and section 525, the document or event has the same effect in relation to the copyright in the work under this Act. (3) If the effect of the document was or would have been limited to a period specified in the document, the document does not have any effect in relation to the copyright under this Act except insofar as the period extends after 10 April 1987. (4) In determining the effect of a document for the purposes of this section and section 525 — ( a ) an expression in the document has the meaning it had immediately before 10 April 1987 (whether or not it would have a different meaning under this Act or the 1987 Act); and ( b ) section 140 (assignment of future copyright) does not apply. (5) In this section, a reference to copyright in a work under the 1911 Act is to be read as — ( a ) in relation to a sound recording — a reference to copyright under that Act in records embodying the recording; and ( b ) in relation to a film — a reference to copyright under that Act in — (i) the film (insofar as it is a dramatic work for the purposes of that Act); or (ii) photographs forming part of the film.


document_id: ca-2021
provision_ref: s525
chapter: PART 12 - TRANSITIONAL
section: 525
title:
Authorial works made before 10 April 1987 — copyright reverts to author’s estate 25 years after death

content:
525. —(1) Subject to subsection (5), this section applies where — ( a ) an authorial work was made before 10 April 1987; and ( b ) the author was the first owner of the copyright in the work under this Act. (2) If — ( a ) the author assigned, or granted an interest in, the copyright; and ( b ) the assignment or grant — (i) was made at any time after 1 July 1912 and before 10 April 1987; (ii) was not by will; and (iii) would have effect in relation to the copyright by virtue of section 524, the assignment or grant does not give the assignee or grantee any rights beyond the expiry of 25 years after the death of the author. (3) On the author’s death, the reversionary interest in the copyright expectant on the expiry of 25 years after the death of the author devolves, despite any contrary agreement, to the legal personal representative of the author as part of the author’s estate. (4) Any agreement entered into by the author is void to the extent that it purports to dispose of the interest that devolves under subsection (3). (5) This section does not apply to — ( a ) the assignment of the copyright in a collective work; or ( b ) a licence to publish a work or a part of a work as part of a collective work. (6) This section does not limit section 524. (7) In this section, “collective work” means — ( a ) an encyclopaedia, a dictionary, a year book or a similar authorial work; ( b ) a newspaper, review, magazine or similar periodical; or ( c ) an authorial work written in distinct parts by different authors, or in which authorial works or parts of authorial works of different authors are incorporated.


document_id: ca-2021
provision_ref: s526
chapter: PART 12 - TRANSITIONAL
section: 526
title: Bequests by author who died before 10 April 1987
content:
526. —(1) Subsection (2) applies where — ( a ) the author of an authorial work has died before 10 April 1987; ( b ) a person has acquired, under the author’s will, the ownership of a manuscript of the work; and ( c ) the work — (i) has not been published; (ii) in the case of a dramatic or musical work — has not been performed in public; and (iii) in the case of a lecture — has not been delivered in public. (2) Unless the contrary is proved, the person is presumed to own any copyright in the work. (3) In this section, an expression that is defined by section 509 has the meaning given to it by that section and not the meaning, if any, given to it by Part 2.


document_id: ca-2021
provision_ref: s527
chapter: PART 12 - TRANSITIONAL
section: 527
title: Reproduction of authorial work published before 10 April 1987 upon payment of royalties
content:
527. —(1) It is a permitted use for a person ( X ) to make a copy of an authorial work for sale if — ( a ) the work was published before 10 April 1987; ( b ) the copy was made after the relevant date; ( c ) before 10 April 1987, X gave the written notice, as prescribed for the purposes of the proviso to section 3 of the 1911 Act, of X ’s intention to reproduce the work; and ( d ) X has paid to or for the benefit of the copyright owner royalties — (i) in respect of all the copies sold by X ; (ii) calculated at the rate of 10% of the price at which X published the reproduction; and (iii) in the manner prescribed for the purposes of the proviso to section 3 of the 1911 Act or for the purposes of this section. (2) The relevant date for the purposes of subsection (1)( b ) is as follows: ( a ) in the case of a work in which copyright subsisted on 1 July 1912 — (i) if the work is a work of joint authorship, the later of the following dates: (A) the date falling 30 years after the death of the joint author who died first; (B) the date of the death of the joint author who died last; and (ii) if not — 30 years after the death of the author; ( b ) in any other case — (i) if the work is a work of joint authorship, the later of the following dates: (A) the date falling 25 years after the death of the joint author who died first; (B) the date of the death of the joint author who died last; and (ii) if not — 25 years after the death of the author. (3) If — ( a ) copyright subsists in a literary, dramatic or musical work or an engraving at the date of the death of the author (or the death of the joint author of the work who died last); and ( b ) when the author (or joint author) died — (i) the work or engraving had not been published; (ii) in the case of a dramatic or musical work — the work had not been performed in public; and (iii) in the case of a lecture — the lecture had not been delivered in public, the author (or joint author) is deemed to have died, for the purposes of this section, on the date on which — ( c ) in the case of a literary work (other than a lecture) or an engraving — the work was first published; ( d ) in the case of a dramatic or musical work — the work was first published or first performed in public, whichever first happened; or ( e ) in the case of a lecture — the lecture was first published or first delivered in public, whichever first happened. (4) Regulations may — ( a ) provide for the manner in which, and the times at which, royalties are to be paid for the purposes of subsection (1)( d ); and ( b ) include provision requiring payment in advance, or otherwise securing the payment of those royalties. (5) In this section, an expression that is defined by section 509 has the meaning given to it by that section and not the meaning, if any, given to it by Part 2. Division 4 &#x2014; Commercial rental arrangements in respect of
copies bought before 16 April 1998


document_id: ca-2021
provision_ref: s528
chapter: PART 12 - TRANSITIONAL
section: 528
title: Copies of computer programs bought before 16 April 1998
content:
528. Section 112(1)( g ) (nature of copyright in literary, dramatic and musical works) does not extend to entering into a commercial rental arrangement in respect of a computer program if — ( a ) the copy of the program was bought by a person ( X ) before 16 April 1998; ( b ) the copy is not an infringing copy; ( c ) the commercial rental arrangement is made in the ordinary course of a business conducted by X ; and ( d ) when X bought the copy, X was conducting the same business or another business that involved making commercial rental arrangements in respect of copies of computer programs.


document_id: ca-2021
provision_ref: s529
chapter: PART 12 - TRANSITIONAL
section: 529
title: Copies of sound recordings bought before 16 April 1998
content:
529. Section 121( a )(ii) (nature of copyright in sound recordings) does not extend to entering into a commercial rental arrangement in respect of a sound recording if — ( a ) the copy of the recording was bought by a person ( X ) before 16 April 1998; ( b ) the copy is not an infringing copy; ( c ) the commercial rental arrangement is made in the ordinary course of a business conducted by X ; and ( d ) when X bought the copy, X was conducting the same business or another business that involved making commercial rental arrangements in respect of copies of sound recordings. Division 5 &#x2014; Copyright and protection
expiring before 1 July 2004


document_id: ca-2021
provision_ref: s530
chapter: PART 12 - TRANSITIONAL
section: 530
title:
No revival or extension of copyright in authorial work, sound recording or film expiring before 1 July 2004

content:
530. —(1) This section applies where, under the provisions of the 1987 Act in force immediately before 1 July 2004, the copyright in an authorial work, a sound recording or a film expired before that date. (2) Part 3 and sections 519 and 522 do not apply to revive or extend the copyright.


document_id: ca-2021
provision_ref: s531
chapter: PART 12 - TRANSITIONAL
section: 531
title: No revival or extension of protection for performances ceasing to be protected before 1 July 2004
content:
531. —(1) This section applies where — ( a ) a performance was given before 1 July 2004; and ( b ) the protection period of the performance, as defined in section 246(1) of the 1987 Act in force immediately before 1 July 2004, expired before that date. (2) Part 4 does not apply to revive or extend the protection of the performance. Division 6 &#x2014; Assignments and licences
before 1 January 2005


document_id: ca-2021
provision_ref: s532
chapter: PART 12 - TRANSITIONAL
section: 532
title:
Assignments and licences made before 1 January 2005 and relating to broadcasting and cable programmes

content:
532. —(1) This section applies to any licence, contract or arrangement (including any assignment of copyright) that — ( a ) has been granted or entered into before 1 January 2005; and ( b ) relates to — (i) the broadcast of a work; or (ii) the inclusion of a work in a cable programme. (2) Subject to any contrary intention, the licence, contract or arrangement continues to have effect in accordance with the 1987 Act in force immediately before 1 January 2005. Division 7 &#x2014; Works, performances, acts, etc.,
before 21 November 2021


document_id: ca-2021
provision_ref: s533
chapter: PART 12 - TRANSITIONAL
section: 533
title:
No revival or extension of copyright in authorial work, sound recording or film expiring before 21 November 2021

content:
533. —(1) This section applies where, under the provisions of the 1987 Act in force immediately before 21 November 2021, the copyright in an authorial work, a sound recording or a film expired before that date. (2) Part 3 does not apply to revive or extend the copyright in the work.


document_id: ca-2021
provision_ref: s534
chapter: PART 12 - TRANSITIONAL
section: 534
title:
Assignments and licences of copyright made on or after 10 April 1987 and before 21 November 2021 to have similar effect

content:
534. —(1) This section applies where — ( a ) copyright subsists in a work under this Act; ( b ) a document was made, or an event occurred, on or after 10 April 1987 and before 21 November 2021; and ( c ) the document or event — (i) affected the ownership of the copyright in the work under the 1987 Act; (ii) granted, modified or ended a licence in the copyright in the work under the 1987 Act; or (iii) would have had the effect mentioned in sub‑paragraph (i) or (ii) if the 1987 Act had continued in force. (2) Subject to subsections (3) and (4), the document or event has the same effect in relation to the copyright in the work under this Act. (3) If the effect of the document was or would have been limited to a period specified in the document, the document does not have any effect in relation to the copyright under this Act except insofar as the period extends after 21 November 2021. (4) In determining the effect of a document for the purposes of this section, an expression in the document has the meaning it had immediately before 21 November 2021 (whether or not it would have a different meaning under this Act).


document_id: ca-2021
provision_ref: s535
chapter: PART 12 - TRANSITIONAL
section: 535
title: Assignments of performers’ rights made before 21 November 2021 to have similar effect
content:
535. —(1) This section applies where — ( a ) a performance is protected under this Act; ( b ) a document was made, or an event occurred, before 21 November 2021; and ( c ) the document or event — (i) affected the person who may bring an action for an unauthorised use of the performance under the 1987 Act; or (ii) would have had that effect if the 1987 Act had continued in force. (2) Subject to subsections (3) and (4), the document or event has the same effect in relation to the performance under this Act. (3) If the effect of the document was or would have been limited to a period specified in the document, the document does not have any effect in relation to the performance under this Act unless the period extends after 21 November 2021. (4) In determining the effect of a document for the purposes of this section, an expression in the document has the meaning it had immediately before 21 November 2021 (whether or not it would have a different meaning under this Act).


document_id: ca-2021
provision_ref: s536
chapter: PART 12 - TRANSITIONAL
section: 536
title: Photographs taken on or after 10 April 1987 and before 21 November 2021 — who is the author
content:
536. For the purposes of this Act, the author of a photograph taken on or after 10 April 1987 but before 21 November 2021 is the person who took the photograph.


document_id: ca-2021
provision_ref: s537
chapter: PART 12 - TRANSITIONAL
section: 537
title:
Photographs taken on or after 10 April 1987 and before 21 November 2021 — presumptions relating to authorship

content:
537. —(1) This section applies in — ( a ) an action for copyright infringement in respect of a photograph taken on or after 10 April 1987 but before 21 November 2021; and ( b ) an application for an access disabling order under section 325 in relation to that infringement. (2) A person ( X ) is presumed to have taken the photograph if it is proved that, when the photograph was taken, X owned the material on which the photograph was taken. (3) A person ( Y ) is presumed to have taken the photograph if — ( a ) it is not proved who owned the material on which the photograph was taken when it was taken; and ( b ) it is proved that, when the photograph was taken, Y owned the apparatus by which the photograph was taken. (4) A person ( Z ) is presumed to have taken the photograph if — ( a ) it is not proved — (i) who owned the material on which the photograph was taken when it was taken; and (ii) who owned the apparatus by which the photograph was taken when it was taken; and ( b ) it is proved that — (i) Z owned the photograph when Z died; or (ii) if it is not proved who owned the photograph when Z died — the photograph was in Z ’s possession or custody when Z died. (5) Subsections (2), (3) and (4) do not apply if the contrary is proved.


document_id: ca-2021
provision_ref: s538
chapter: PART 12 - TRANSITIONAL
section: 538
title:
Editions of authorial works published by Government before 21 November 2021 — no infringement of Government copyright

content:
538. —(1) This section applies where copyright subsists in an edition of an authorial work published before 21 November 2021, but only by virtue of section 117(1)( b )(ii). (2) To avoid doubt, no act done before 21 November 2021 is an infringement of that copyright.


document_id: ca-2021
provision_ref: s539
chapter: PART 12 - TRANSITIONAL
section: 539
title: Deciding equitable remuneration payable under 1987 Act
content:
539. —(1) This section applies where a person ( X ) is liable, under a provision of the 1987 Act, to pay equitable remuneration to another person ( Y ) of an amount to be — ( a ) agreed between X and Y ; or ( b ) in default of agreement, to be decided by a Copyright Tribunal constituted under that Act. (2) For the purposes of X ’s liability — ( a ) an agreement between X and Y may be made before, on or after 21 November 2021; and ( b ) in default of agreement, the amount of equitable remuneration payable by X is to be decided by a Copyright Tribunal constituted under this Act. (3) For the purposes of section 54(15)( b ) of the 1987 Act, the relevant request in writing may be made before, on or after 21 November 2021.


document_id: ca-2021
provision_ref: s540
chapter: PART 12 - TRANSITIONAL
section: 540
title: Copyright Tribunals constituted under 1987 Act
content:
540. A Copyright Tribunal constituted under the 1987 Act to hear and determine any matter is deemed to be constituted under Part 10 of this Act and may continue to hear and determine the matter.


document_id: ca-2021
provision_ref: s541
chapter: PART 12 - TRANSITIONAL
section: 541
title: Saving and transitional provisions
content:
541. —(1) Any subsidiary legislation made under the 1987 Act and in force immediately before 21 November 2021 continues in force, so far as it is not inconsistent with the provisions of this Act, as if made under this Act until it is revoked by subsidiary legislation made under this Act. (2) For a period of 2 years after the date of commencement of any provision of this Act, the Minister may, by regulations, prescribe such additional provisions of a saving or transitional nature consequent on the enactment of that provision as the Minister may consider necessary or expedient.


document_id: caa-1988
provision_ref: s2
section: 2
title: Interpretation
content:
2. In this Act, unless the context otherwise requires — “court”, in an arbitration allowed by the Warsaw Convention, the Warsaw (Hague) Convention or the Warsaw (Hague) (Montreal) Convention, includes an arbitrator; “Hague Protocol” means the Protocol to amend the Warsaw Convention opened for signature at the Hague on 28 September 1955; “Montreal Protocol No. 4” means Protocol No. 4 to amend the Warsaw (Hague) Convention opened for signature at Montreal on 25 September 1975; “Warsaw Convention” means the original Convention for the unification of certain rules relating to international carriage by air opened for signature at Warsaw on 12 October 1929, the text of which is set out in the Second Schedule; “Warsaw (Hague) Convention” means the Warsaw Convention as amended by the Hague Protocol, the text of which is set out in the First Schedule; “Warsaw (Hague) (Montreal) Convention” means the Warsaw (Hague) Convention as amended by the Montreal Protocol No. 4, the text of which is set out in the Third Schedule.


document_id: caa-1988
provision_ref: s3
section: 3
title: Conventions to have force of law
content:
3. —(1) Subject to this Act, the provisions of the Warsaw Convention, the Warsaw (Hague) Convention and the Warsaw (Hague) (Montreal) Convention, so far as they relate to the rights and liabilities of carriers, carriers’ employees and agents, passengers, consignors, consignees and other persons, have the force of law in Singapore in relation to any carriage by air to which the Warsaw Convention, the Warsaw (Hague) Convention or the Warsaw (Hague) (Montreal) Convention (as the case may require) applies irrespective of the nationality of the aircraft performing that carriage. (2) If there is any inconsistency between any of the texts set out in the First, Second and Third Schedules and the authentic text in the French language of the Warsaw Convention, or the Hague Protocol or the Montreal Protocol No. 4 (as the case may be), the authentic French text prevails.


document_id: caa-1988
provision_ref: s4
section: 4
title: High Contracting Parties
content:
4. —(1) For the purposes of this Act — ( a ) a High Contracting Party to the Warsaw Convention is a country that has ratified or acceded to that Convention; ( b ) a High Contracting Party to the Warsaw (Hague) Convention is a country that has ratified or acceded to that Convention; and ( c ) a High Contracting Party to the Warsaw (Hague) (Montreal) Convention is a country that has ratified or acceded to that Convention, except that this Act applies to any such High Contracting Party — ( d ) only in relation to the territories in respect of which it is a party to the Warsaw Convention, the Warsaw (Hague) Convention or the Warsaw (Hague) (Montreal) Convention, as the case may be; and ( e ) to the extent that it has availed itself of the provisions of the Additional Protocol at the end of the Warsaw Convention, the Warsaw (Hague) Convention and the Warsaw (Hague) (Montreal) Convention, as the case may be. [41/2007] (2) Article 40A(2) in the First and Third Schedules is not to be read as extending references in those Schedules to the territory of a High Contracting Party (except such as are references to the territory of any State, whether a High Contracting Party or not) to include any territory in respect of which that High Contracting Party is not a party. [41/2007]


document_id: caa-1988
provision_ref: s5
section: 5
title: Fatal accidents
content:
5. References in section 20 of the Civil Law Act 1909 to a wrongful act, neglect or default include references to any occurrence which gives rise to liability under Article 17 in the First, Second and Third Schedules.


document_id: caa-1988
provision_ref: s6
section: 6
title: Limitations of liability
content:
6. —(1) It is declared that the limitations on liability in Article 22 in the First, Second and Third Schedules apply whatever the nature of the proceedings by which liability may be enforced and that, in particular the limitation for each passenger in Article 22(1) in the First, Second and Third Schedules applies to the aggregate liability of the carrier in all proceedings which may be brought against him under the law of Singapore, together with any proceedings brought against him outside Singapore. (2) A court before which proceedings are brought to enforce a liability which is limited by Article 22 in the First, Second or Third Schedule may at any stage of the proceedings make any such order as appears to the court to be just and equitable in view of the provisions of that Article, and of any other proceedings which have been, or are likely to be, started in Singapore or elsewhere to enforce the liability in whole or in part. (3) Without affecting subsection (2), a court before which proceedings are brought to enforce a liability which is limited by Article 22 in the First, Second or Third Schedule, where the liability is, or may be, partly enforceable in other proceedings in Singapore or elsewhere, has jurisdiction — ( a ) to award an amount less than the court would have awarded if the limitation applied solely to the proceedings before the court; or ( b ) to make any part of its award conditional on the result of any other proceedings. (4) The Minister may, by order in the Gazette , from time to time specify the respective amounts which, for the purposes of Article 22 in the First, Second and Third Schedules, are to be taken as equivalent to the sums expressed in francs or Special Drawing Rights (as the case may be) which are mentioned in that Article. (5) References in this section to Article 22 in the First and Third Schedules, subject to any necessary modifications, include references to that Article as applied by Article 25A in the First and Third Schedules respectively.


document_id: caa-1988
provision_ref: s7
section: 7
title: Notice of partial loss
content:
7. In Article 26(2) in the First, Second and Third Schedules — ( a ) references to damage are to be construed as including loss of part of the baggage or cargo in question; and ( b ) references to the receipt of baggage or cargo, in relation to loss of part of it, are to be construed as receipt of the remainder of it.


document_id: caa-1988
provision_ref: s8
section: 8
title: Time for bringing proceedings
content:
8. —(1) No action against a carrier’s employee or agent which arises out of damage to which the Warsaw Convention, the Warsaw (Hague) Convention or the Warsaw (Hague) (Montreal) Convention relates is, if the employee or agent was acting within the scope of his or her employment, to be brought after more than 2 years, reckoned from the date of arrival at the destination or from the date on which the aircraft ought to have arrived, or from the date on which the carriage stopped. (2) Article 29 in the First, Second and Third Schedules is not to be read as applying to any proceedings for contribution between persons liable for any damage to which the Warsaw Convention, the Warsaw (Hague) Convention or the Warsaw (Hague) (Montreal) Convention relates. (3) Subject to sections 4 and 29 of the Limitation Act 1959, no action may be brought by a person, liable for any damage to which the Warsaw Convention, the Warsaw (Hague) Convention or the Warsaw (Hague) (Montreal) Convention relates, to recover contribution from any other person in respect of the damage after the expiration of 2 years from the time when a court gives judgment or makes an award against the person seeking to recover the contribution. (4) Subsections (1), (2) and (3) and Article 29 in the First, Second and Third Schedules have effect as if references in those provisions to an action included references to an arbitration.


document_id: caa-1988
provision_ref: s9
section: 9
title: Contributory negligence
content:
9. It is declared that, for the purposes of Article 21 in the First, Second and Third Schedules, the provisions of the Contributory Negligence and Personal Injuries Act 1953 are provisions of the law of Singapore under which a court may exonerate the carrier wholly or partly from any liability of the carrier.


document_id: caa-1988
provision_ref: s10
section: 10
title: Power to exclude aircraft in use for military purposes
content:
10. —(1) The Minister may, by order in the Gazette , direct that this section applies, or ceases to apply, to Singapore or any other State specified in the order. (2) The Warsaw (Hague) Convention and the Warsaw (Hague) (Montreal) Convention do not apply to the carriage of persons, cargo and baggage for the military authorities of a State to which this section applies in aircraft registered in that State if the whole capacity of the aircraft has been reserved by or on behalf of those authorities.


document_id: caa-1988
provision_ref: s11
section: 11
title: Actions against High Contracting Parties
content:
11. —(1) Every High Contracting Party to the Warsaw Convention, the Warsaw (Hague) Convention or the Warsaw (Hague) (Montreal) Convention that has not availed itself of the provisions of the Additional Protocol at the end of the First, Second or Third Schedule is, for the purposes of any action brought in a court in Singapore in accordance with Article 28 in the First, Second or Third Schedule to enforce a claim in respect of carriage undertaken by the High Contracting Party, deemed to have submitted to the jurisdiction of that court, and accordingly the Rules of Court may provide for the manner in which any action is to be commenced and carried on. (2) Nothing in this section authorises the issue of an enforcement order against the property of any High Contracting Party. [Act 25 of 2021 wef 01/04/2022]


document_id: caa-1988
provision_ref: s12
section: 12
title:
Application to carriage by air not governed by Warsaw (Hague) Convention and Warsaw (Hague) (Montreal) Convention

content:
12. The Minister may make regulations applying the provisions of the First and Third Schedules and any provision of this Act to such carriage by air, not being international carriage as defined in the First and Third Schedules, as may be specified in the regulations, subject to such exceptions, adaptations and modifications, if any, as may be specified.


document_id: caasa-2009
provision_ref: s2
chapter: PART 1 - PRELIMINARY
section: 2
title: Interpretation
content:
2. —(1) In this Act, unless the context otherwise requires — “agreement” means any agreement, whether formal or informal and whether express or implied; “air navigation services” means services provided to air traffic during all phases of operations to ensure their safe and efficient movement, and includes — ( a ) air traffic control services, including air traffic control service for arriving or departing controlled flights, for controlled flights in controlled areas or for traffic within any manoeuvring area and other aerodrome traffic; ( b ) air traffic advisory services provided within advisory airspace to ensure separation, insofar as practical, between aircraft which are operating on flight plans in accordance with Instrument Flight Rules; ( c ) flight information services; ( d ) alerting services provided to notify appropriate organisations regarding aircraft in need of search and rescue aid, and to assist such organisations as may be required; ( e ) communications, navigation and surveillance services; ( f ) meteorological services for air navigation; ( g ) search and rescue services; and ( h ) aeronautical information services for the provision of aeronautical information and data necessary for the safety, regularity and efficiency of air navigation; “air traffic control service” means a service provided for the purposes of — ( a ) preventing collisions between aircraft, and between aircraft and obstructions on any manoeuvring area; and ( b ) expediting and maintaining an orderly flow of air traffic; “aircraft” means a machine that can derive support in the atmosphere from the reactions of the air other than reactions of the air against the earth’s surface; “airline” means a person who carries on a commercial air transport enterprise that involves offering or operating air services; “airport” means any defined area of land in Singapore declared under section 3 to be an airport; “airport development levy” means a tax of that name payable under section 87A; “airport licence” means a licence granted under section 36; “airport licensee” means the holder of an airport licence; “airport services and facilities” means the services and facilities provided — ( a ) to enable the landing and taking off of aircraft, such as the provision within such areas of — (i) airfields, runways, taxiways, parking aprons and parking stands for aircraft; (ii) facilities and services for apron control; (iii) airfield and associated lighting; (iv) services to maintain and repair airfields, runways, taxiways and parking aprons for aircraft; (v) rescue, fire safety and environmental hazard control services; and (vi) airfield supervisory and security services; ( b ) to enable, within certain areas of an airport, the servicing and maintenance of aircraft and the handling of cargo carried, or to be carried, by aircraft, such as the provision within such areas of — (i) hangars; (ii) services and facilities for the maintenance and refueling of aircraft and waste disposal; (iii) services and facilities for the storing and processing of cargo; and (iv) security, customs and quarantine services for cargo; ( c ) in relation to aircraft passengers in an airport, such as the provision of — (i) aerobridges, passenger thoroughfares and seating areas; (ii) flight information and public address systems; (iii) flight catering services and facilities; (iv) services and facilities for the operation of customs, immigration, and quarantine checks and control; (v) facilities for the sale and collection of duty-free items; (vi) services and facilities for the operation of security and police services; (vii) activities undertaken (including the services and facilities provided) in a passenger terminal to enable the check-in and screening of passengers, including services for baggage handling and screening; and (viii) the holding of any facilities and assets (including land) acquired or held to provide the services mentioned in this paragraph in the future (whether or not used for any other purpose in the meantime); ( d ) in relation to visitors to the airport, such as services and facilities for the parking of motor vehicles and other related services and facilities; and ( e ) at or from an airport for such purposes in connection with or incidental to the operation of the airport as may be prescribed, but does not include air navigation services; “airport site” means the site on which an airport is situated; “airport undertaking” means — ( a ) all the lands, buildings and other property, movable or immovable, vested in the Authority immediately before the transfer date for the airport purposes of the Authority, excluding such lands, buildings and other property as the Minister may specify (called in this Act excluded property); and ( b ) all assets, powers, rights, interests, privileges, debts, liabilities and obligations connected with lands, buildings and other property mentioned in paragraph ( a ), other than excluded property; “Appeals Advisory Panel” means an Appeals Advisory Panel established under section 56; “authorised officer”, in relation to any provision of this Act, means any person authorised in that behalf by the Authority under section 76 for the purposes of that provision; “Authority” means the Civil Aviation Authority of Singapore established under the Civil Aviation Authority of Singapore Act (Cap. 41, 1985 Revised Edition) as in force immediately before 1 July 2009 and reconstituted by this Act; “Chairperson” means the Chairperson of the Authority and includes any temporary Chairperson of the Authority; “Changi Airport Development Fund” means the fund of that name established under section 25A; “Chief Executive” means the Chief Executive of the Authority and includes any person acting in that capacity; “code of practice” or “standard of performance” means a code of practice or standard of performance issued or approved under section 44, and includes any such code of practice or standard of performance as amended from time to time under that section; “company” means a body corporate; “Contracting State” means any country (including Singapore) which is a party to the Convention on International Civil Aviation concluded at Chicago on 7 December 1944; “coordinated airport” means an airport declared under section 71C(1)( a ) as a coordinated airport; “debenture” includes debenture stock; “Deputy Chairperson” means the Deputy Chairperson of the Authority and includes any temporary Deputy Chairperson of the Authority; “exempt airport operator”, in relation to an airport, means the person who is authorised to operate the airport by an exemption granted by the Authority under section 43; “flight information service” means a service provided for the purpose of giving advice and information useful for the safe and efficient conduct of flights; “lending money” includes providing non-equity finance where the provision of the finance may reasonably be regarded as equivalent to lending money; “levy” means a levy imposed under section 86; “loan security” means a security held solely for the purposes of a moneylending agreement; “manoeuvring area” means that part of an airport to be used for the taking off, landing and taxiing of aircraft, but does not include areas set aside to accommodate aircraft, for embarkation or disembarkation of passengers, for loading and unloading of mail or cargo, or for fuelling, parking or maintenance of aircraft; “master plan”, in relation to an airport, means the master plan approved under section 48 for that airport; “member” means a member of the Authority; “moneylending agreement” means an agreement entered into in good faith in the ordinary course of carrying on a business of lending money, but does not include an agreement dealing with any matter unrelated to the carrying on of that business; “operate”, in relation to an airport, includes — ( a ) managing and maintaining or otherwise exercising control over the operation of the airport; ( b ) providing airport services and facilities at the airport; and ( c ) exercising control over the direction to be taken in relation to the development of the airport, and “operation” and “operating” are to be construed accordingly; “outstanding amount”, in relation to an aircraft, means any of the following amounts that has become due and payable, but has not been paid or been remitted: ( a ) a levy payable in respect of the aircraft; ( b ) a service charge payable in respect of the aircraft; ( c ) a late payment penalty on any levy or service charge payable in respect of the aircraft; ( d ) interest for late payment of any levy or service charge payable in respect of the aircraft; “Register of Statutory Liens” means the Register of Statutory Liens maintained under section 91; “regulations” and “rules” mean regulations and rules made under this Act; “repealed Act” means the Civil Aviation Authority of Singapore Act (Cap. 41, 1985 Revised Edition) repealed by this Act; “schedules facilitated airport” means an airport declared under section 71C(1)( b ) as a schedules facilitated airport; “schedules facilitator” means a person who is appointed under section 71D(1)( b ) as the schedules facilitator for a schedules facilitated airport, or the Authority if no such person is appointed; “securities”, in relation to a company, includes shares, debentures, bonds and other securities of the company, whether or not constituting a charge on the assets of the company; “service charge” means a charge under section 88 for air navigation services or other services or facilities provided by the Authority; “shares”, in relation to a company, means shares in, or stock forming part of, the capital of the company; “Singapore aircraft” means any aircraft that is registered in Singapore; “Singapore Flight Information Region” means the area within which air navigation services are provided by the Authority in accordance with the International Civil Aviation Organisation Asia/Pacific Regional Air Navigation Plan; “Singapore Search and Rescue Region” means the Singapore Flight Information Region and any area within which search and rescue services are provided by the Government; “slots coordinator” means a person who is appointed under section 71D(1)( a ) as the slots coordinator for a coordinated airport, or the Authority if no such person is appointed; “statutory lien” means a statutory lien vested in the Authority under section 89; “successor company” means a company nominated by the Minister under section 27(1); “transfer date” has the meaning given by section 26; “vehicle” includes an autonomous motor vehicle within the meaning of the Road Traffic Act 1961. [18/2018] (2) For the purposes of this Act, a company is regarded as wholly owned by the Government at any time when all the issued shares in the company are held by or on behalf of the Government.


document_id: caasa-2009
provision_ref: s3
chapter: PART 1 - PRELIMINARY
section: 3
title: Airports
content:
3. —(1) The Minister may, after consultation with the Authority, by notification in the Gazette , declare all or any of the following to be an airport for the purposes of this Act: ( a ) any defined area of land in Singapore used, intended or designed to be used, either wholly or partly — (i) for the landing, taking off, movement, or servicing of aircraft; (ii) for the storage, loading and unloading of cargo carried or to be carried by aircraft; or (iii) for the movement of passengers to facilitate their travel to and from Singapore by aircraft; ( b ) any road leading into an area mentioned in paragraph ( a ); ( c ) any buildings, installations and equipment on or adjacent to any such area used in connection with the airport or its administration. (2) Every declaration made under subsection (1) must define the limits of the airport.


document_id: caasa-2009
provision_ref: s4
chapter: PART 2 - RECONSTITUTION, FUNCTIONS AND
section: 4
title: Reconstitution of Authority
content:
4. From 1 July 2009, the Authority continues in existence and continues to be a body corporate with perpetual succession and a common seal, capable of suing and being sued in its corporate name and performing such other acts as bodies corporate may by law perform, and may exercise and perform such other powers and functions as are conferred by or under this Act or other written law.


document_id: caasa-2009
provision_ref: s5
chapter: PART 2 - RECONSTITUTION, FUNCTIONS AND
section: 5
title: Common seal
content:
5. —(1) From 1 July 2009, the Authority continues to have a common seal and the seal may be broken, altered or made anew as the Authority thinks fit. (2) All deeds and other documents requiring the seal of the Authority must be sealed with the common seal of the Authority and every instrument to which the common seal is affixed must be signed by any 2 members generally or specially authorised by the Authority for the purpose, or by one member and the Chief Executive. (3) All courts, judges and persons acting judicially are to take judicial notice of the common seal of the Authority affixed to any document and presume that it was duly affixed.


document_id: caasa-2009
provision_ref: s6
chapter: PART 2 - RECONSTITUTION, FUNCTIONS AND
section: 6
title: Constitution of Authority
content:
6. —(1) The Authority consists of the following members: ( a ) a Chairperson; and ( b ) such other members as the Minister may from time to time determine, being not less than 3. (2) The First Schedule has effect with respect to the Authority, its members and its proceedings.


document_id: caasa-2009
provision_ref: s7
chapter: PART 2 - RECONSTITUTION, FUNCTIONS AND
section: 7
title: Functions and duties of Authority
content:
7. —(1) The functions and duties of the Authority are — ( a ) to regulate safety and promote safety and security in civil aviation and to exercise safety regulatory oversight over civil aviation operations in Singapore and the operation of Singapore aircraft outside Singapore; ( b ) to exercise licensing and regulatory functions in respect of the operation of airports and the provision of airport services and facilities in Singapore; ( c ) to regulate and promote competition and fair and efficient market conduct in the operation of airports and the provision of airport services and facilities or, in the absence of a competitive market, to prevent the misuse or abuse of monopoly or market power; ( d ) to regulate, encourage, promote, facilitate and assist in the use, development and improvement of air services, airports and aerospace industries; ( e ) to ensure that there are provided in every airport (whether by itself or by any airport licensee) adequate and efficient airport services and facilities on such terms as the Authority thinks expedient; ( f ) to provide air navigation services within the Singapore Flight Information Region and such other area as the Minister may authorise; ( g ) to provide or coordinate search and rescue services to aircraft in distress within the Singapore Search and Rescue Region; ( ga ) to cooperate with the Transport Safety Investigation Bureau of Singapore in relation to investigations under the Transport Safety Investigations Act 2018; [Act 36 of 2018 wef 01/01/2024] ( h ) to encourage, promote, facilitate and assist in the development and improvement of civil aviation capabilities, skills and services in Singapore; ( i ) to provide technical, consultancy and management services relating to any of the matters referred to in this subsection; ( j ) to act internationally as the national authority or body representing Singapore in respect of matters relating to civil aviation; ( k ) to discharge or facilitate the discharge of international obligations of the Government as a Contracting State or otherwise in respect of civil aviation; ( l ) to collaborate and enter into agreements and arrangements with organisations in respect of any matter relating to civil aviation and any other matter as the Authority thinks expedient; ( m ) to foster appropriate education and provide training and training facilities in respect of any matter relating to civil aviation; ( n ) to advise the Government on all matters relating to civil aviation; ( o ) to promote understanding of civil aviation policies and programmes; ( p ) to promote research and development on any matter relating to civil aviation; ( q ) to carry out such other functions and duties as are conferred or imposed on the Authority by or under this Act or any other written law. (2) In performing the functions and discharging the duties imposed on it by subsection (1), the Authority must have regard to — ( a ) satisfying all reasonable demands for air services, air navigation services and airport services and facilities; ( b ) ensuring that any person licensed or otherwise authorised under this Act to operate any airport is able to do so efficiently while maintaining independent financial viability; ( c ) fostering the development and expansion of Singapore as an aviation hub; ( d ) enabling persons providing airport services or air navigation services, and persons operating airports or providing airport services and facilities in Singapore, to compete effectively in doing so outside Singapore; ( e ) the promotion of measures for the safety and security of life and property in aircraft, airports and other civil aviation facilities; ( f ) the promotion of energy efficiency within the airport services sector; and ( g ) environmental protection and the sustainable development of air transport. (3) In addition to the functions and duties imposed by this section, the Authority may undertake such other functions and duties as the Minister may assign to the Authority and in so doing, the Authority is deemed to be fulfilling the purposes of this Act, and the provisions of this Act apply to the Authority in respect of such functions and duties. (4) Nothing in this section is to be construed as imposing on the Authority, directly or indirectly, any form of duty or liability enforceable by proceedings before any court to which it would not otherwise be subject.


document_id: caasa-2009
provision_ref: s8
chapter: PART 2 - RECONSTITUTION, FUNCTIONS AND
section: 8
title: Powers of Authority
content:
8. —(1) Subject to the provisions of this Act, the Authority may carry on such activities as appear to the Authority to be advantageous, necessary or convenient for it to carry on for or in connection with the performance of its functions and the discharge of its duties under this Act or any other written law and, in particular, the Authority may exercise any of the powers specified in the Second Schedule. (2) Despite subsection (1), the Authority may, with the approval of the Minister, carry on such other activities incidental to the performance of its functions and the discharge of its duties under this Act or any other written law as the Authority may, from time to time, consider expedient. (3) The Authority has to provide the Minister with information with respect to its property and activities in such manner and at such times as the Minister may require. (4) This section is not to be construed as limiting any power of the Authority conferred by or under any other written law.


document_id: caasa-2009
provision_ref: s9
chapter: PART 2 - RECONSTITUTION, FUNCTIONS AND
section: 9
title: Directions by Minister
content:
9. The Minister may give to the Authority any direction under section 5 of the Public Sector (Governance) Act 2018. [5/2018]


document_id: caasa-2009
provision_ref: s10
chapter: PART 2 - RECONSTITUTION, FUNCTIONS AND
section: 10
title: Appointment of committees and delegation
content:
10. —(1) The Authority may appoint from among its own members or from other persons who are not members any number of committees that it thinks fit for purposes which, in the opinion of the Authority, would be better regulated and managed by means of those committees. (2) The Authority may, subject to any conditions or restrictions that it thinks fit, delegate to any committee appointed under subsection (1) or to the Chairperson or Chief Executive or to any other member, officer or employee of the Authority, any of the functions, duties or powers of the Authority under this Act or any other written law. [5/2018] (3) Any function, duty or power delegated under subsection (2) to any committee or person may be performed or exercised by the committee or person to whom it has been delegated in the name and on behalf of the Authority.


document_id: caasa-2009
provision_ref: s11
chapter: PART 2 - RECONSTITUTION, FUNCTIONS AND
section: 11
title: Chief Executive, officers and employees, etc.
content:
11. —(1) There must be a Chief Executive of the Authority, whose appointment, removal, discipline and promotion must be in accordance with the Public Sector (Governance) Act 2018. [5/2018] (2) The Authority may, subject to the Public Sector (Governance) Act 2018, appoint an individual to act temporarily as the Chief Executive during any period, or during all periods, when the Chief Executive — ( a ) is absent from duty or Singapore; or ( b ) is, for any reason, unable to perform the duties of the office. [5/2018] (3) The Authority may, subject to the Public Sector (Governance) Act 2018, appoint and employ, on such terms and conditions as it may determine, such other officers, employees, consultants and agents as may be necessary for the effective performance of its functions. [5/2018] 12. [ Repealed by Act 5 of 2018 ]


document_id: caasa-2009
provision_ref: s13
chapter: PART 2 - RECONSTITUTION, FUNCTIONS AND
section: 13
title: Protection from personal liability
content:
13. —(1) Subject to subsection (2), no suit or other legal proceedings shall lie against — ( a ) the Authority or any member, officer or employee of the Authority; or ( b ) any authorised officer or other person acting under the directions of the Authority, for anything which is in good faith done or intended to be done in the execution or purported execution of this Act or any other written law conferring or imposing a function or power or imposing a duty on the Authority. (2) No action shall lie against the Authority, or any member, officer or employee of the Authority acting in the course of the person’s employment or agency, or against any person acting under the directions of the Authority, for or in respect of any of the following: ( a ) loss of, or damage to, an aircraft or airport during the seizure of an aircraft in accordance with section 92; ( b ) loss of, or damage to, an aircraft so seized while it is in the custody, possession or control of the Authority or of any member, officer or employee of the Authority; ( c ) any economic loss suffered by a person as a result of such a seizure. (3) Subsection (2) does not cover loss or damage that is wilfully or negligently caused by a member, or an officer or employee of the Authority, or a person acting under the directions of the Authority.


