26. Nature of copyright in original works

Amended

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

(1)

For the purposes of this Act, unless the contrary intention appears, copyright, in relation to a work, is the exclusive right —

(a)

in the case of a literary, dramatic or musical work, to do all or any of the following acts:

(i)

to reproduce the work in a material form;

(ii)

to publish the work if the work is unpublished;

(iii)

to perform the work in public;

(iv)

to communicate the work to the public;

(v)

to make an adaptation of the work;

(vi)

to do, in relation to a work that is an adaptation of the first-mentioned work, any of the acts specified in relation to the first-mentioned work in sub-paragraphs (i) to (v);

(b)

in the case of an artistic work, to do all or any of the following acts:

(i)

to reproduce the work in a material form;

(ii)

to publish the work in Singapore or any country in relation to which this Act applies, if the work is unpublished;

(iii)

to communicate the work to the public; and

(c)

in the case of a computer program, to enter into a commercial rental arrangement in respect of the program unless the program is not the essential object of the rental.

(2)

Subsection (1)(c) shall not extend to entry into a commercial rental arrangement in respect of a machine or device in which a computer program is embodied if the program is not able to be copied in the course of the ordinary use of the machine or device.

(3)

The reference in subsection (2) to a device shall not include a device of a kind ordinarily used to store computer programs, such as a floppy disc, a device of the kind commonly known as a CD ROM, or an integrated circuit.

(4)

Subsection (1)(c) shall not extend to entry into a commercial rental arrangement in respect of a computer program if —

(a)

the copy of the computer program, not being an infringing copy, was purchased by a person (referred to in this subsection as the program owner) before 16th April 1998;

(b)

the commercial rental arrangement is entered into in the ordinary course of a business conducted by the program owner; and

(c)

the program owner was conducting the same business, or another business that consisted of, or included, the making of commercial rental arrangements in respect of computer programs, when the copy was purchased. [Aust. 1968, s. 31]

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
communicate
Defined · s 7
“communicate” means to transmit by electronic means (whether over a path, or a combination of paths, provided by a material substance or by wireless means or otherwise) a work or other subject-matter, whether or not it is sent in response to a request, and includes —(a)the broadcasting of a work or other subject-matter;(b)the inclusion of a work or other subject-matter in a cable programme; and(c)the making available of a work or other subject-matter (on a network or otherwise) in such a way that the work or subject-matter may be accessed by any person from a place and at a time chosen by him,and “communication” shall have a corresponding meaning;
Open s 7
computer program
Defined · s 7
“computer program” means an expression, in any language, code or notation, of a set of instructions (whether with or without related information) intended, either directly or after either or both of the following: (a)conversion to another language, code or notation;(b)reproduction in a different material form,to cause a device having information processing capabilities to perform a particular function;
Open s 7
copy
Defined · s 7
“copy”, in relation to a cinematograph film, means any article or thing in which the visual images or sounds comprising the film are embodied;
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
work
Defined · s 7
“work” means a literary, dramatic, musical or artistic work;
Open s 7

Report

Read on from s 27