/akn/sg/act/act/2021/CA

Copyright Act 2021

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Part 1part_0

PRELIMINARY

Section 1part_0.section_0

—(1) This Act is the Copyright Act 2021.(2) Division 2 of Part 9 and sections 501(2) and (3) and 507(4)(c) and (10) come into operation on a date that the Minister appoints by notification in the Gazette.

Subsection 1part_0.section_0.subsection_1

This Act is the Copyright Act 2021.

Subsection 2part_0.section_0.subsection_0

Division 2 of Part 9 and sections 501(2) and (3) and 507(4)(c) and (10) come into operation on a date that the Minister appoints by notification in the Gazette.

Section 2part_0.section_1

Unless it expressly provides otherwise, this Act applies to a thing existing on 21 November 2021 as it applies to a thing coming into existence after that date.

Section 3part_0.section_2

—(1) Subject to subsection (2), regulations may prescribe that —(a)a country is a reciprocating country; and(b)this Act is extended so as to apply in relation to the country or its nationals —(i)generally or for specified classes of cases; and(ii)with or without modifications or exceptions.(2) A country may be prescribed as a reciprocating country only if —(a)in relation to works protected by copyright under the provisions of this Act —(i)the country and Singapore are both parties to a treaty, convention or other international agreement relating to copyright; or(ii)the Minister is satisfied that those works are or will be adequately protected under the law of the country; and(b)in relation to the performances protected under the provisions of this Act —(i)the country and Singapore are both parties to a treaty, convention or other international agreement relating to the protection of performances; or(ii)the Minister is satisfied that those performances are or will be adequately protected under the law of the country.(3) In this section and section 4, “national”, in relation to a country, means —(a)a national, citizen or resident of the country; or(b)a body incorporated or established under the law of the country.

Subsection 1part_0.section_2.subsection_2

Subject to subsection (2), regulations may prescribe that —(a)a country is a reciprocating country; and(b)this Act is extended so as to apply in relation to the country or its nationals —(i)generally or for specified classes of cases; and(ii)with or without modifications or exceptions.

Subsection 2part_0.section_2.subsection_0

A country may be prescribed as a reciprocating country only if —(a)in relation to works protected by copyright under the provisions of this Act —(i)the country and Singapore are both parties to a treaty, convention or other international agreement relating to copyright; or(ii)the Minister is satisfied that those works are or will be adequately protected under the law of the country; and(b)in relation to the performances protected under the provisions of this Act —(i)the country and Singapore are both parties to a treaty, convention or other international agreement relating to the protection of performances; or(ii)the Minister is satisfied that those performances are or will be adequately protected under the law of the country.

Subsection 3part_0.section_2.subsection_1

In this section and section 4, “national”, in relation to a country, means —(a)a national, citizen or resident of the country; or(b)a body incorporated or established under the law of the country.

Section 4part_0.section_3

—(1) Subject to subsection (2), regulations may prescribe that —(a)a country is a non‑reciprocating country; and(b)either —(i)this Act does not apply in relation to the country or its nationals, whether generally or for specified classes of cases; or(ii)the application of this Act in relation to the country or its nationals is subject to modifications or exceptions.(2) A country may be prescribed as a non‑reciprocating country only if the Minister considers that the law of the country does not give adequate protection to —(a)works (or any class of works) protected by copyright under this Act; or(b)performances (or any class of performances) protected under this Act.(3) Without limiting subsection (2), the inadequacy of protection may relate to the nature of the work or performance, or the nationality, citizenship or country of residence of the person who made the work or gave the performance.(4) In making regulations under subsection (1)(b), the Minister must have regard to the nature and extent of the inadequacy mentioned in subsection (2).(5) Regulations under subsection (1) must not deprive a person of any rights acquired under this Act before the date on which the regulations are published in the Gazette.(6) In this section, “work” does not include a published edition of an authorial work.

Subsection 1part_0.section_3.subsection_5

Subject to subsection (2), regulations may prescribe that —(a)a country is a non‑reciprocating country; and(b)either —(i)this Act does not apply in relation to the country or its nationals, whether generally or for specified classes of cases; or(ii)the application of this Act in relation to the country or its nationals is subject to modifications or exceptions.

Subsection 2part_0.section_3.subsection_0

A country may be prescribed as a non‑reciprocating country only if the Minister considers that the law of the country does not give adequate protection to —(a)works (or any class of works) protected by copyright under this Act; or(b)performances (or any class of performances) protected under this Act.

Subsection 3part_0.section_3.subsection_1

Without limiting subsection (2), the inadequacy of protection may relate to the nature of the work or performance, or the nationality, citizenship or country of residence of the person who made the work or gave the performance.

Subsection 4part_0.section_3.subsection_2

In making regulations under subsection (1)(b), the Minister must have regard to the nature and extent of the inadequacy mentioned in subsection (2).

Subsection 5part_0.section_3.subsection_3

Regulations under subsection (1) must not deprive a person of any rights acquired under this Act before the date on which the regulations are published in the Gazette.

Subsection 6part_0.section_3.subsection_4

In this section, “work” does not include a published edition of an authorial work.

Section 5part_0.section_4

—(1) Unless it expressly provides otherwise, this Act does not affect any right or privilege of any person (including the Government) under any other written law.(2) This Act does not affect the operation of the law relating to breaches of trust or confidence.

Subsection 1part_0.section_4.subsection_1

Unless it expressly provides otherwise, this Act does not affect any right or privilege of any person (including the Government) under any other written law.

Subsection 2part_0.section_4.subsection_0

This Act does not affect the operation of the law relating to breaches of trust or confidence.

Section 6part_0.section_5

—(1) Unless it expressly provides otherwise, this Act binds the Government.(2) The Government is not liable to be prosecuted for an offence under this Act.

Subsection 1part_0.section_5.subsection_1

Unless it expressly provides otherwise, this Act binds the Government.

Subsection 2part_0.section_5.subsection_0

The Government is not liable to be prosecuted for an offence under this Act.