Singapore legislation

Section 38A

of Copyright Act

Section 38A

Temporary reproduction made in course of communication

Amended by22/200522/200522/200522/2005

(1)

Subject to subsection (3), the copyright in a work is not infringed by the making of a temporary or transient reproduction of the work if —

(a)

the reproduction is made incidentally as part of the technical process of making or receiving a communication; and

(b)

the act of making the communication itself does not constitute an infringement.

Amended by22/2005

(2)

Subject to subsection (3), the copyright in an adaptation of a work is not infringed by the making of a temporary or transient reproduction of the adaptation if —

(a)

the reproduction is made incidentally as part of the technical process of making or receiving a communication; and

(b)

the act of making the communication itself does not constitute an infringement.

Amended by22/2005

(3)

Subsections (1) and (2) shall not apply to the making of a temporary or transient reproduction of a work, or an adaptation of a work, if the reproduction of the work or adaptation that is communicated —

(a)

is an infringing copy of the work or adaptation; or

(b)

is a reproduction that, if it had been made in Singapore, would have been an infringing copy of the work or adaptation.

Amended by22/2005

(4)

Nothing in subsections (1) and (2) shall be construed as authorising any subsequent use of the temporary or transient reproduction of the work or adaptation. [Aust. 1968, s. 43A]

Amended by22/2005