Singapore legislation

Section 260

of Copyright Act

Section 260

Removal or alteration of rights management information

Amended by52/200452/200452/200452/200452/200452/200422/200552/200452/2004

(1)

This section shall apply where rights management information in an electronic form —

(a)

is attached to or embodied in a copy of a work or other subject-matter in which copyright subsists or a recording of a performance; or

(b)

appears in connection with the communication or making available to the public of a copy of a work or other subject-matter or a recording of a performance.

Amended by52/2004

(2)

Where a person —

(a)

knowingly removes or alters the rights management information relating to any work or other subject-matter or recording of a performance;

(b)

does so without the consent of —

(i)

the owner or exclusive licensee of the copyright in the work or subject-matter; or

(ii)

the performer of the performance; and

(c)

knows or ought reasonably to know that the removal or alteration of the rights management information will induce, enable, facilitate or conceal —

(i)

an infringement of the copyright of the work or subject-matter; or

(ii)

an unauthorised use of the performance,an action may be brought by the owner or exclusive licensee of the copyright or the performer against the person.

Amended by52/2004

(3)

Where a person —

(a)

distributes or imports for distribution the rights management information relating to any work or other subject-matter or any recording of a performance, being rights management information which has been altered without the consent of —

(i)

the owner or exclusive licensee of the copyright in the work or subject-matter; or

(ii)

the performer of the performance;

(b)

does so without the consent of the owner or exclusive licensee of the copyright or the performer;

(c)

does so knowing that the rights management information has been altered without the consent of the owner or exclusive licensee of the copyright or the performer; and

(d)

knows or ought reasonably to know that the distribution or importation of the rights management information will induce, enable, facilitate or conceal —

(i)

an infringement of the copyright in the work or subject-matter; or

(ii)

an unauthorised use of the performance,to which the rights management information relates,an action may be brought by the owner or exclusive licensee of the copyright or the performer against the person.

Amended by52/2004

(4)

Where a person —

(a)

distributes, imports for distribution, communicates or makes available to the public copies of a work or other subject-matter or a recording of a performance in respect of which the rights management information has been removed or altered without the consent of —

(i)

the owner or exclusive licensee of the copyright in the work or subject matter; or

(ii)

the performer of the performance;

(b)

does so without the consent of the owner or exclusive licensee of the copyright or the performer;

(c)

does so knowing that the rights management information has been removed or altered without the consent of the owner or exclusive licensee of the copyright or the performer; and

(d)

knows or ought reasonably to know that the distribution, importation, communication or making available to the public of the copies of the work or subject-matter or the recording of the performance will induce, enable, facilitate or conceal —

(i)

an infringement of the copyright in the work or subject-matter; or

(ii)

an unauthorised use of a performance,an action may be brought by the owner or exclusive licensee of the copyright or the performer against the person.

Amended by52/2004

(5)

An action shall not be brought in respect of any act referred to in subsection (2), (3) or (4) after the expiration of 6 years from the time when the act took place.

Amended by52/2004

(6)

Subject to subsection (7), where a person does an act referred to in subsection (2), (3) or (4) —

(a)

wilfully; and

(b)

for the purpose of obtaining any commercial advantage or private financial gain,he shall be guilty of an offence and shall be liable on conviction —

(i)

in the case of an act referred to in subsection (2), to a fine not exceeding $20,000; or

(ii)

in the case of an act referred to in subsection (3) or (4), to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 2 years or to both.

Amended by52/200422/2005

(7)

Subsection (6) shall not apply to any act done by or on behalf of a non-profit library, any non-profit archives, an educational institution, an institution assisting handicapped readers, an institution assisting intellectually handicapped readers, or such public, non-commercial broadcasting organisation as the Minister may prescribe.

Amended by52/2004

(8)

For the purposes of subsection (6), a person does an act for the purpose of obtaining a commercial advantage if the act is done to obtain a direct advantage, benefit or financial gain for a business or trade carried on by him. [Aust. 1968, ss. 116B, 116C and 116CA]

Amended by52/2004