Singapore legislation

Clause 4

of Copyright (Amendment) Bill

Clause 4

Amendment of section 26

Section 26 of the Copyright Act is amended —

(a)

by deleting the words “in Singapore or any country in relation to which this Act applies,” in paragraph (a)(ii);

(b)

by deleting the word “and” at the end of paragraph (a);

(c)

by deleting the full-stop at the end of paragraph (b) and substituting the word “; and”, and by inserting immediately thereafter the following paragraph:“(c)in the case of a computer program, to enter into a commercial rental arrangement in respect of the program unless the program is not the essential object of the rental.”; and

(d)

by renumbering the section as subsection (1) of that section, and by inserting immediately thereafter the following subsections:“(2) Subsection (1)(c) shall not extend to entry into a commercial rental arrangement in respect of a machine or device in which a computer program is embodied if the program is not able to be copied in the course of the ordinary use of the machine or device.(3) The reference in subsection (2) to a device shall not include a device of a kind ordinarily used to store computer programs, such as a floppy disc, a device of the kind commonly known as a CD ROM, or an integrated circuit.(4) Subsection (1)(c) shall not extend to entry into a commercial rental arrangement in respect of a computer program if —

(a)

the copy of the computer program, not being an infringing copy, was purchased by a person (referred to in this subsection as the program owner) before the commencement of the Copyright (Amendment) Act 1998;

(b)

the commercial rental arrangement is entered into in the ordinary course of a business conducted by the program owner; and

(c)

the program owner was conducting the same business, or another business that consisted of, or included, the making of commercial rental arrangements in respect of computer programs, when the copy was purchased.”.