199. Reception of broadcasts or cable programmes

Amended

Last amended by an amending law of 2004. 2 amendments in all.

(1)

A person who, by the reception of a television broadcast, sound broadcast or cable programme, causes a literary, dramatic or musical work, or an adaptation of such work, to be seen, heard or seen and heard, in public does not, by doing so, infringe the copyright, if any, in the work.

(2)

A person who, by the reception of an authorised television broadcast or authorised cable programme, causes a cinematograph film to be seen, heard or seen and heard, in public shall be treated, in any proceedings for infringement of the copyright (if any) in the film under Part IV, as if he had been the holder of a licence granted by the owner of that copyright to cause the film to be seen or heard in public by the reception of the broadcast or the cable programme.

(3)

A person who, by the reception and immediate retransmission of an authorised television broadcast or sound broadcast causes a literary, dramatic or musical work or an adaptation of such a work, an artistic work or a cinematograph film to be included in a programme in a cable programme service shall be treated, in any proceedings for infringement of the copyright, if any, in the work or film, as if he had been the holder of a licence granted by the owner of that copyright to include the work, adaptation or film to be transmitted by him in any programme included in a cable programme service.

(4)

If, in the circumstances mentioned in subsection (2) or (3), the person causing the cinematograph film to be seen or heard, or the work, adaptation or cinematograph film to be transmitted, as the case may be, infringed the copyright in question, by reason that the broadcast or cable programme was not an authorised broadcast or programme, proceedings shall not be brought against that person under this Act in respect of his infringement of that copyright, but it shall be taken into account in assessing damages in any proceedings against the maker of the broadcast or programme in respect of that copyright, insofar as that copyright was infringed by them in making the broadcast or programme.

(5)

For the purposes of this section, a broadcast or cable programme shall be taken, in relation to a work, an adaptation of a work or a cinematograph film, to be an authorised broadcast or programme if, but only if, it is made by, or with the licence of, the owner of the copyright in the work or film.

(6)

A reference in subsection (3) to a broadcast shall —

(a)

in the case of a television broadcast, be read as a reference to a television broadcast made from a place in Singapore by the holder of a broadcasting licence; and

(b)

in the case of a sound broadcast, be read as a reference to a sound broadcast made from a place in Singapore by the holder of a broadcasting licence.

(7)

For the avoidance of doubt, a reference in subsection (3) to an inclusion of a literary, dramatic, musical or artistic work or a cinematograph film in a programme in a cable programme service shall not include the making available of the work or film on the Internet. [Aust. 1968, s. 199]

Terms defined in this Act

artistic work
Defined · s 7
“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;
Open s 7
broadcast
Defined · s 7
“broadcast” means broadcast by wireless telegraphy, and “broadcasting” shall have a corresponding meaning;
Open s 7
broadcasting licence
Defined · s 7
“broadcasting licence” and “broadcasting licensee” have the same meanings as in section 2(1) of the Broadcasting Act;
Open s 7
cable programme
Defined · s 7
“cable programme” means a programme which is included in a cable programme service;
Open s 7
cable programme service
Defined · s 7
“cable programme service” means a service which consists wholly or mainly in the sending by any person, by means of a telecommunication system (whether run by him or by any other person), of sounds or visual images or both either —(a)for reception, otherwise than by wireless telegraphy, at 2 or more places in Singapore, whether they are so sent for simultaneous reception or at different times in response to requests made by different users of the service; or(b)for reception, by whatever means, at a place in Singapore for the purpose of their being presented there either to members of the public or to any group of persons;
Open s 7
cinematograph film
Defined · s 7
“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;
Open s 7
owner
Defined · s 140A
“owner”, in relation to the copyright in copyright material, includes an exclusive licensee of the copyright in the material;
Open s 140A
programme
Defined · s 7
“programme”, in relation to a cable programme service, includes any item included in that service;
Open s 7
sound broadcast
Defined · s 7
“sound broadcast” means sounds broadcast otherwise than as part of a television broadcast;
Open s 7
television broadcast
Defined · s 7
“television broadcast” means visual images broadcast by way of television, together with any sounds broadcast for reception along with those images;
Open s 7
work
Defined · s 7
“work” means a literary, dramatic, musical or artistic work;
Open s 7

Report

Read on from s 200