Singapore legislation

Clause 2

Repeal and re-enactment of section 38A

Section 38A of the Copyright Act is repealed and the following section substituted therefor:“Temporary reproduction made in course of communication38A.—

(1)

Subject to subsection (3), the copyright in a work is not infringed by the making of a temporary or transient reproduction of the work if —

(a)

the reproduction is made incidentally as part of the technical process of making or receiving a communication; and

(b)

the act of making the communication itself does not constitute an infringement.(2) Subject to subsection (3), the copyright in an adaptation of a work is not infringed by the making of a temporary or transient reproduction of the adaptation if —

(a)

the reproduction is made incidentally as part of the technical process of making or receiving a communication; and

(b)

the act of making the communication itself does not constitute an infringement.(3) Subsections (1) and (2) shall not apply to the making of a temporary or transient reproduction of a work, or an adaptation of a work, if the reproduction of the work or adaptation that is communicated —

(a)

is an infringing copy of the work or adaptation; or

(b)

is a reproduction that, if it had been made in Singapore, would have been an infringing copy of the work or adaptation.(4) Nothing in subsections (1) and (2) shall be construed as authorising any subsequent use of the temporary or transient reproduction of the work or adaptation.”.