Singapore legislation

Section 261A

of Copyright Act

Section 261A

Enforcement measures

Amended by52/200452/200452/200452/200452/2004

(1)

The court before which a person is charged with an offence under section 260(6) may, whether he is convicted of the offence or not, order that any article that appears to the court to be —

(a)

a copy of a work or other subject-matter or a recording of a performance in respect of which the rights management information has been altered or removed without the consent of the owner or exclusive licensee of the work or other subject-matter or the performer of the performance, as the case may be; or

(b)

used predominantly for removing or altering the rights management information in respect of any work or other subject-matter or any recording of a performance,in the possession of the alleged offender or before the court, be destroyed or delivered up to the owner or exclusive licensee of the copyright concerned or the performer of the performance, as the case may be, or otherwise dealt with in such manner as the court thinks fit.

Amended by52/2004

(2)

If information is given upon oath to a court that there is reasonable cause for suspecting that there is in any premises any article or document which is evidence that an offence under section 260(6) has been committed, the court may issue, either unconditionally or subject to such conditions as the court thinks fit, a warrant authorising a police officer to enter and search the premises for the articles and documents which are specified in the warrant, whether specifically or in any general category, and to seize any such articles and documents found at the premises.

Amended by52/2004

(3)

If an article was seized under subsection (2) and —

(a)

in proceedings brought under section 260(6), no order is made as to the disposal of the article, whether under subsection (1) or otherwise; or

(b)

no such proceedings are instituted within 6 months of the seizure,the article shall be returned to the person in whose possession it was when it was seized or, if it is not reasonably practicable to return it to that person, shall be disposed of in accordance with the law regulating the disposal of lost or unclaimed property in the hands of police authorities.

Amended by52/2004

(4)

If a document was seized under subsection (2) and no proceedings under section 260(6) are instituted within 6 months of the seizure, the document and all copies of the document shall be returned to the person in whose possession the document was when it was seized or, if it is not reasonably practicable to return the document and copies to that person, shall be disposed of in accordance with the law regulating the disposal of lost or unclaimed property in the hands of police authorities.

Amended by52/2004

(5)

In this section —

Amended by52/2004

Definition

“document” means anything in which information of any description is recorded;

Definition

“premises” includes any land, building, structure and conveyance.

Amended by52/2004
Section 261A — Copyright Act | laws.sg