Singapore legislation

Section 252

of Copyright Act

Section 252

What constitutes unauthorised use

Amended by6/9852/200438/9938/9938/99

(1)

A person makes an unauthorised use of a performance if the person, at any time during the protection period of the performance and without the authority of the performer —

(a)

makes a direct or an indirect recording of the performance in any manner or medium;

(b)

communicates the live performance to the public;

(c)

makes a copy of a recording of the performance that the person knows, or ought reasonably to know, is an unauthorised recording;

(d)

makes a copy of an exempt recording of the performance, being a copy that the person knows, or ought reasonably to know, is not itself an exempt recording;

(e)

causes the performance to be seen and heard, or seen or heard, live in public;

(f)

publishes the recording of the performance if it is unpublished; or

(g)

makes available a recording of the performance to the public (on a network or otherwise) in such a way that the recording may be accessed by any person from a place and at a time chosen by him.

Amended by6/9852/2004

(1A)

A person makes an unauthorised use of a performance if the person, at any time on or after 15th December 1999 and during the protection period of the performance, and without the authority of the performer —

(a)

sells, lets for hire, or by way of trade exhibits in public or offers or exposes for sale or hire a recording of the performance that the person knows, or ought reasonably to know, is an unauthorised recording;

(b)

distributes a recording of the performance for the purposes of trade, being a recording that the person knows, or ought reasonably to know, is an unauthorised recording; or

(c)

imports a recording of the performance into Singapore for the purpose of —

(i)

selling it, letting it for hire, or by way of trade exhibiting it in public or offering or exposing it for sale or hire; or

(ii)

distributing it for the purposes of trade,being a recording that the person knows, or ought reasonably to know, is an unauthorised recording.

Amended by38/99

(1B)

A reference in this section to the making of a copy of a recording of a performance includes a reference to the making of a copy which is transient or is incidental to some other use of the recording.

Amended by38/99

(2)

This section shall apply only to acts done in Singapore. [Aust. 1968, s. 248G]

Amended by38/99
Section 252 — Copyright Act | laws.sg