Singapore legislation
Clause 24
Clause 24
Amendment of section 136
Section 136 of the Copyright Act is amended —
by inserting the word “or” at the end of subsection (1)(b);
by deleting the word “; or” at the end of subsection (1)(c) and substituting a comma;
by deleting paragraph (d) of subsection (1);
by inserting, immediately after the word “possession” in the second line of subsection (2), the words “or imports into Singapore”;
by deleting subsection (4) and substituting the following subsection:“(4) A person who, at a time when copyright subsists in a work, makes or has in his possession an article specifically designed or adapted for making copies of the work that the person knows, or ought reasonably to know, 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 such article in respect of which the offence is committed or to imprisonment for a term not exceeding 2 years or to both.”;
by deleting the words “and any plate or contrivance used or intended to be used for making infringing copies” in the fifth and sixth lines of subsection (8) and substituting the words “or any article specifically designed or adapted for making copies of a work or other subject-matter which has been used or is to be used for making infringing copies of the work or subject-matter”;
by deleting subsection (9) and substituting the following subsections:“(9) If information is given upon oath to a Magistrate that there is reasonable cause for suspecting that there is in any premises any article or document which is evidence that an offence under subsection (1), (2), (3) or (4) has been committed, the Magistrate may issue, either unconditionally or subject to such conditions as he thinks fit, a warrant authorising a police officer to enter and search the premises for the articles and documents which are specified in the warrant, and to seize such articles and documents found at the premises.(10) If an article was seized under subsection (9) and —
in proceedings brought under this section, no order is made under subsection (8) as to the article; or
no such proceedings are instituted within 6 months of the seizure,the article 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.(11) If a document was seized under subsection (9) and no proceedings under this section are instituted within 6 months of the seizure, the document and all copies of the document shall be returned to the person in whose possession the document was when it was seized or, if it is not reasonably practicable to return the document and copies 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.(12) For the purposes of this section —“document” means anything in which information of any description is recorded;“premises” includes any land, building, structure and conveyance.”.