186. Denial of copyright to citizens of countries not giving adequate protection to Singapore works
Feedback & supportLast amended by an amending law of 1998. 2 amendments in all.
If it appears to the Minister that the law of a country does not give adequate protection to Singapore works, or does not give adequate protection in relation to a class or classes of such works (whether the lack of protection relates to the nature of the work or the nationality, citizenship or country of residence of its author, or all of those matters), the Minister may by regulations make provision in relation to that country in accordance with subsection (2).
Regulations made for the purposes of this section may provide, either generally or in such classes of cases as are specified in the regulations, that copyright under this Act does not subsist in works first published after a date specified in those regulations (which may be a date before the commencement of those regulations or before 10th April 1987) if, at the time of the first publication of those works, the authors of the works were or are —
citizens or nationals of a country specified in those regulations, not being at that time persons resident in Singapore; or
in the case of works being sound recordings or cinematograph films — bodies incorporated under the law of a country specified in those regulations.
In making regulations for the purposes of this section, the Minister shall have regard to the nature and extent of the lack of protection for Singapore works by reason of which the regulations are made.
In this section —[Aust. 1968, s. 185]
“author”, in relation to a sound recording or a cinematograph film, means the maker of the recording or film;
“Singapore work” means a work the author of which was, at the time when the work was made, a qualified person for the purpose of the relevant provision of this Act;
qualified person
“qualified person” means —(a)a citizen of Singapore, or an individual resident in Singapore; or(b)a body corporate incorporated under any written law in Singapore.
“the relevant provision of this Act” means —
in relation to a literary, dramatic, musical or artistic work — section 27; and
artistic work
“artistic work” means —(a)a painting, sculpture, drawing, engraving or photograph, whether the work is of artistic quality or not;(b)a building or model of a building, whether the building or model is of artistic quality or not; or(c)a work of artistic craftsmanship to which neither paragraph (a) nor (b) applies,but does not include a layout-design or an integrated circuit within the meaning of section 2(1) of the Layout-Designs of Integrated Circuits Act;
in relation to a sound recording or a cinematograph film or a cable programme — Part IV;
sound recording
“sound recording” means the aggregate of the sounds embodied in a record;
“work” means a literary, dramatic, musical or artistic work, a sound recording, a cinematograph film, a television broadcast, a sound broadcast or a cable programme.
cinematograph film
“cinematograph film” means the aggregate of visual images embodied in an article or thing so as to be capable by the use of that article or thing —(a)of being shown as a moving picture; or(b)of being embodied in another article or thing by the use of which it can be so shown,and includes the aggregate of the sounds embodied in a sound-track associated with such visual images;