Clause 58 — Copyright Bill

(1)

In this section, “relevant material” means —

(a)

an authorial work;

(b)

an edition of an authorial work;

(c)

a sound recording;

(d)

a film; or

(e)

a recording of a protected performance.

(2)

If a publication of a relevant material is merely colourable and is not intended to satisfy the reasonable requirements of the public —

(a)

the publication must be ignored for the purposes of this Act; but(b)the publication may be considered to the extent that it may be a rights infringement or an infringement of a moral right under Division 1 or 2 of Part 7.

(3)

A publication of a relevant material in Singapore or elsewhere is still the first publication if the publication and every earlier publication take place within a period of 30 days.

(4)

An unauthorised act must be ignored in deciding —

(a)

whether any relevant material is published;

(b)

whether a publication of any relevant material is the first publication of that material; or

(c)

whether any relevant material is published in the lifetime of a person.

(5)

Subject to section 230(3) (publication of old works deemed to be authorised), an act is unauthorised for the purposes of subsection (4) only if —

(a)

where the relevant material is a work —

(i)

copyright subsists in the work and the act is not done by or with the licence of the copyright owner; or

(ii)

copyright does not subsist in the work and the act is not done by or with the licence of —

(A)

the author of the authorial work;

(B)

the publisher of the edition;

(C)

the maker of the sound recording or film; or

(D)

any person lawfully claiming under the author, publisher or maker,as the case may be; and

(b)

where the relevant material is a recording of a protected performance — the act was not done with the authority of the rights owner of the performance.

(6)

Subsections (4) and (5) do not affect —

(a)

any provision of this Act relating to —

(i)

the acts comprised in a copyright; or

(ii)

acts constituting rights infringements; or

(b)

Divisions 1 and 2 of Part 7 (moral rights).