Singapore legislation

Clause 27

Repeal and re-enactment of section 109

Section 109 of the Copyright Act is repealed and the following section substituted therefor:“Fair dealing in relation to other subject-matter109.—

(1)

Subject to this section, a fair dealing with an audio-visual item for any purpose other than a purpose referred to in section 110 or 111 shall not constitute an infringement of the copyright in the item or in any work or other audio-visual item included in the item.(2) The purposes for which a dealing with an audio-visual item may constitute a fair dealing under subsection (1) shall include research and study.(3) For the purposes of this Act, the matters to which regard shall be had, in determining whether a dealing with an audio-visual item, being a dealing by way of copying the whole or a part of the audio-visual item, constitutes a fair dealing with the audio-visual item for any purpose other than a purpose referred to in section 110 or 111 shall include —

(a)

the purpose and character of the dealing, including whether such dealing is of a commercial nature or is for non-profit educational purposes;

(b)

the nature of the audio-visual item;

(c)

the amount and substantiality of the part copied taken in relation to the whole audio-visual item;

(d)

the effect of the dealing upon the potential market for, or value of, the audio-visual item; and

(e)

the possibility of obtaining the audio-visual item within a reasonable time at an ordinary commercial price.”.