Singapore legislation
Clause 129
Clause 129
Offences
(1)
A person who at a time when copyright subsists in a work —
makes for sale or hire;
sells or lets for hire, or by way of trade offers or exposes for sale or hire;
by way of trade exhibits in public; or
imports into Singapore, otherwise than for private and domestic use,any article which he knows to be an infringing copy of the work shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 for the article or for each article in respect of which the offence was committed or $100,000, whichever is the lower, or to imprisonment for a term not exceeding 5 years or to both.
(2)
Any person who, at a time when copyright subsists in a work, distributes, either —
for purposes of trade; or
for other purposes, but to such an extent as to affect prejudicially the owner of the copyright,articles which he knows to be infringing copies of the work, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 3 years or to both.
(3)
A person who, at a time when copyright subsists in a work, makes or has in his possession a plate or similar contrivance for the purpose of making sound recordings or audio-visual productions in contravention of subsection (1) knowing that it is to be used for making infringing copies of the work shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $20,000 for each plate or contrivance in respect of which the offence is committed or to imprisonment for a term not exceeding 2 years or to both.
(4)
Subsections (1) to (3) shall apply in relation to copyright subsisting in any subject-matter by virtue of Part IV in like manner as they apply in relation to copyright subsisting in a work by virtue of Part III.
(5)
Any person who for his private profit causes a literary, dramatic or musical work to be performed in public, knowing that copyright subsists in the work and that the performance constitutes an infringement of the copyright, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 2 years or to both.
(6)
For the purposes of paragraph (d) of subsection (1) any person who has in his possession 5 or more infringing copies of any work shall, unless the contrary is proved, be presumed to be in possession of such copies otherwise than for private and domestic use.
(7)
An affidavit made before a notary public by or on behalf of the owner of the copyright in any work and stating —
that at the time specified therein, copyright subsisted in the work;
that he or the person named therein is the owner of the copyright; and
that a copy of work annexed thereto is a true copy thereof,shall be admitted in evidence in any proceedings for an offence under this Part shall be prima facie proof of the matters stated therein until the contrary is proved.
(8)
The court before which a person is charged with an offence by reason of a contravention of any of the provisions of this section may, whether he is convicted of the offence or not, order that any article that appears to the court to be an infringing copy and any plate or contrivance used or intended to be used for making infringing copies in the possession of the alleged offender or before the court, be destroyed or delivered up to the owner of the copyright concerned or otherwise dealt with in such manner as the court thinks fit.
(9)
If information is given upon oath to a Magistrate that there is reasonable cause for suspecting that there are in any house, premises, vessel or other place any infringing copies of a work in which copyright subsists (or any contrivance used or intended to be used for making such infringing copies or capable of being used for the purpose of making such infringing copies) by means of or in relation to which any offence under subsection (1), (2) or (3) has been committed, he may issue a warrant under his hand by virtue of which any police officer named or referred to in the warrant may enter the house, premises, vessel or other place at any reasonable time by day and search for and seize any such copy, plate or contrivance; and if a copy, plate or contrivance is seized under this subsection in connection with an offence and —
in proceedings brought under this section in connection with the offence no order is made under subsection (8) as to the copy or contrivance; or
no such proceedings are instituted within 6 months of the seizure,the copy, plate or contrivance shall be returned to the person in whose possession it was when it was seized or, if it is not reasonably practicable to return it to that person, shall be disposed of in accordance with the law regulating the disposal of lost or unclaimed property in the hands of police authorities.