Singapore legislation
Clause 52
Clause 52
Multiple copying under statutory licence by educational institutions
(1)
Subject to this section, the copyright in an article contained in a periodical publication is not infringed by the making of copies of the whole or a part of that article, by or on behalf of the body administering an educational institution —
in a case where the educational institution is not a resource centre — for the teaching purposes of that institution; and
in any other case — for the teaching purposes of an educational institution other than a resource centre.
(2)
Subject to this section, the copyright in a work, other than an article in a periodical publication, is not infringed by the making of copies of the whole or a part of that work, by or on behalf of the body administering an educational institution —
in a case where the educational institution is not a resource centre — for the teaching purposes of that institution; and
in any other case — for the teaching purposes of an educational institution other than a resource centre.
(3)
Without limiting the meaning of the expression “for the teaching purposes of an institution”, a copy of a work shall be taken to have been made for the teaching purposes of an institution if —
it is made in connection with a particular course of instruction provided by that institution; or
it is made for the purpose of inclusion in the collection of a library of that institution.
(4)
Subsection (1) shall not apply in relation to copies of, or of parts of, two or more articles contained in the same periodical publication unless the articles relate to the same subject-matter.
(5)
Subsection (2) shall not apply in relation to copies of, or of more than a reasonable portion of, a work that has been separately published unless the person who makes the copies, or causes the copies to be made, for or on behalf of the body administering the educational institution, is satisfied, after reasonable investigation, that copies (not being second-hand copies) of the work cannot be obtained within a reasonable time at an ordinary commercial price.
(6)
Subsection (1) shall not apply to copies of the whole or a part of an article contained in a periodical publication, being copies made, by or on behalf of the body administering an educational institution, for the teaching purposes of an educational institution, unless there is made, by or on behalf of that body, as soon as practicable after the making of those copies, a record of the copying setting out —
if the International Standard Serial Number in respect of the periodical publication is recorded in the periodical publication — that number;
if the International Standard Serial Number in respect of the publication is not so recorded — the name of the periodical publication;
the title or description of the article;
the name of the author of the article (if that name is known);
the volume, or volume and number, as the case requires, of the periodical publication containing the article;
the page numbers of the pages in that volume, or in that number of that volume, that have been copied, or, in a case where a page so copied does not bear a page number, such description of the page as will enable it to be identified;
the date on which those copies have been made;
the number of copies made; and
particulars of such other matters as are prescribed.
(7)
Subsection (2) shall not apply to copies of the whole or a part of a work (not being an article contained in a periodical publication), being copies made, by or on behalf of the body administering an educational institution, for the teaching purposes of an educational institution, unless there is made, by or on behalf of that body, as soon as practicable after the making of those copies, a record of the copying setting out —
if the International Standard Book Number in respect of the work is recorded in the edition of the work copied — that number;
if the International Standard Book Number in respect of the work is not so recorded —
the title or description of the work;
the name of the publisher of the edition of the work; and
the name of the author of the work (if that name is known);
the page numbers of the pages in the edition of the work that have been copied, or, in a case where a page so copied does not bear a page number, such description of the page as will enable it to be identified;
the date on which those copies have been made;
the number of copies made; and
particulars of such other matters as are prescribed.
(8)
For the purposes of subsections (6) and (7) a record of the copying of a work or a part of a work —
may be kept in writing or in any other manner prescribed by the regulations; and
if it is kept in writing, shall be in accordance with the prescribed form.
(9)
Where copies of, or of part of, a work, other than an article in a periodical publication, made as provided in subsection (2) by or on behalf of an educational institution for the teaching purposes of an educational institution —
are made for distribution to persons undertaking a correspondence course, or an external study course, provided by the educational institution for the teaching purposes of which those copies are made, otherwise than as a part of the lecture notes prepared in connection with that course; and
do not contain more than a reasonable portion of the work,the record made in relation to them in accordance with subsection (7) may state that they are copies to which this section applies.
(10)
Where copies of, or of part of, a work consisting of an article in a periodical publication made, as provided in subsection (1), by or on behalf of the body administering an educational institution for the teaching purposes of an educational institution are made for distribution to persons undertaking a correspondence course, or an external study course, provided by the educational institution for the teaching purposes of which those copies are made, otherwise than as a part of the lecture notes prepared in connection with that course, the record made in relation to them in accordance with subsection (6) may state that they are copies to which this subsection applies.
(11)
Where copies of the whole or a part of a work, not being copies stated in the record to be copies to which subsection (9) or (10) applies, are made by or on behalf of the body administering an educational institution and, by virtue of this section, the making of those copies does not infringe copyright in the work, that body shall, if the owner of the copyright in the work makes a request, in writing, at any time during the prescribed period after the making of the copies, for payment for the making of the copies, pay to the owner such an amount by way of equitable remuneration for the making of those copies as is agreed upon between the owner and the body or, in default of agreement, as is determined by the Copyright Tribunal on the application of either the owner or the body.
(12)
Where the Copyright Tribunal has determined the amount of equitable remuneration payable to the owner of copyright in a work by the body administering an educational institution in relation to copies of the whole or a part of that work that have been made by or on behalf of that body in reliance on this section, the owner may recover that amount from the body in a court of competent jurisdiction as a debt due to him.
(13)
Nothing in this section shall affect the right of the owner of copyright in a work to grant a licence authorising the body administering an educational institution to make, or cause to be made, copies of the whole or a part of the work without infringement of that copyright.
(14)
In this section, a reference to a resource centre shall be read as a reference to an institution that, for the purposes of the definition of “educational institution” in section 7, is declared by the regulations to be an institution to which paragraph (e) of that definition applies.