Copyright Act 2021 — PART 2: INTERPRETATION

Part of a comprehensive analysis of the Copyright Act 2021

All Parts in This Series

1. PART 1
2. PART 2 (this article)
3. PART 3
4. Part 6
5. PART 4
6. Part 6
7. PART 5
8. PART 6
9. PART 7
10. PART 8
11. PART 9
12. PART 10
13. PART 11
14. Part 9
15. PART 12

Key Provisions and Their Purpose in Part 2 INTERPRETATION of the Copyright Act 2021

Part 2 of the Copyright Act 2021 serves as the foundational framework for the entire legislation by providing essential definitions and interpretation rules. These provisions ensure clarity and consistency in the application of the Act across various contexts. Specifically, this Part defines critical terms such as "work," "authorial work," "adaptation," "artistic work," "sound recording," "film," "broadcast," "copy," "publication," "communicate," "performance," "commercial dealing," "qualified individual," "rights owner," and "rights infringement."

The purpose of these definitions is to delineate the scope of copyright protection and related rights, thereby enabling precise identification of what is protected under the Act and who holds such rights. This clarity is vital to avoid ambiguity in enforcement and compliance, ensuring that creators, rights owners, and users understand their rights and obligations.

"In this Act, unless the context otherwise requires — ... (definitions of terms) ... (2) Unless the context otherwise requires, the provisions of this Part apply to and for the purposes of this Act." — Section 7(1), 7(2), Copyright Act 2021

Verify Section 7 in source document →

For example, the definition of "work" under Section 8 encompasses various forms of creative output, including authorial works, published editions, sound recordings, films, broadcasts, and cable programmes. This broad definition ensures comprehensive coverage of copyrightable subject matter.

Similarly, defining "rights infringement" in Section 97 clarifies what constitutes unlawful use, which is essential for enforcement and adjudication.

Definitions in Part 2 INTERPRETATION

The Act meticulously defines numerous terms to establish a common understanding and to avoid interpretative disputes. These definitions are not merely academic; they have practical implications for the application of the law.

• "1911 Act" means the Copyright Act 1911 of the United Kingdom, which provides historical context and transitional provisions for copyright law in Singapore. — Section 7(1)
• "Action" means a civil action and includes a counterclaim, clarifying the procedural scope for enforcement. — Section 7(1)
• "Adaptation" in relation to literary, dramatic, and musical works, defines derivative works and their treatment under copyright. — Section 7(1)
• "Authorial work" means a literary, dramatic, musical, or artistic work, establishing the core categories of protected works. — Section 9
• "Work" means an authorial work, a published edition of an authorial work, a sound recording, a film, a broadcast, or a cable programme, thereby encompassing a wide range of creative outputs. — Section 8
• "Copy" means reproduction in any material form including electronic form, film, sound recording, etc., reflecting modern technological realities. — Section 41
• "Broadcast" means a television or sound broadcast, defining the medium of communication protected. — Section 28
• "Commercial dealing" means selling, letting for hire, offering for sale or hire, distributing for trade, or exhibiting in public, outlining acts that may constitute infringement. — Section 73
• "Qualified individual" means a Singapore citizen, Singapore resident, or certain individuals qualifying for citizenship under repealed law, which is relevant for eligibility for certain rights or protections. — Section 77
• "Rights owner" means the owner of copyright or person entitled to bring action for infringing use of protected performance, identifying who may enforce rights. — Section 96
• "Rights infringement" means infringement of copyright or infringing use of protected performance, defining the scope of unlawful acts. — Section 97

"‘1911 Act’ means the Copyright Act 1911 of the United Kingdom ... ‘action’ means a civil action and includes a counterclaim ... ‘adaptation’ in relation to literary or dramatic work and musical work ... ‘authorial work’ means a literary, dramatic, musical or an artistic work ... ‘work’ means an authorial work, a published edition of an authorial work, a sound recording, a film, a broadcast, or a cable programme ... ‘copy’ means reproduction in any material form including electronic form, film, sound recording, etc. ... ‘broadcast’ means a television or sound broadcast ... ‘commercial dealing’ means selling, letting for hire, offering for sale or hire, distributing for trade, or exhibiting in public ... ‘qualified individual’ means a Singapore citizen, Singapore resident, or certain individuals qualifying for citizenship under repealed law ... ‘rights owner’ means the owner of copyright or person entitled to bring action for infringing use of protected performance ... ‘rights infringement’ means infringement of copyright or infringing use of protected performance." — Sections 7(1), 8, 9, 17, 18, 20, 21, 24, 28, 41, 73, 77, 96, 97, Copyright Act 2021

Verify source in source document →

These definitions exist to provide legal certainty and to adapt copyright law to contemporary forms of media and technology, ensuring that the law remains relevant and effective.

Penalties for Non-Compliance

Part 2 INTERPRETATION does not contain any provisions specifying penalties for non-compliance. This omission is deliberate as Part 2 is focused solely on definitions and interpretative rules rather than enforcement or sanctions.

Penalties and enforcement mechanisms are typically found in other parts of the Act that deal with infringement, remedies, and enforcement procedures. By segregating definitions from penalties, the Act maintains clarity and modularity, allowing each Part to focus on its specific purpose.

"No penalty provisions are contained in Part 2 INTERPRETATION as per the provided text." — Part 2 INTERPRETATION, Copyright Act 2021

Verify source in source document →

Cross-References to Other Acts

Part 2 INTERPRETATION cross-references several other statutes to integrate Singapore’s copyright law within the broader legal framework. These cross-references ensure consistency and coherence across related legislation, facilitating comprehensive governance of intellectual property and related matters.

• "1911 Act" refers to the Copyright Act 1911 of the United Kingdom, providing historical continuity. — Section 7(1)
• "1987 Act" refers to the Copyright Act (Cap. 63, 2006 Revised Edition), which was repealed by the 2021 Act, indicating legislative evolution. — Section 7(1)
• "Broadcasting licence" and "broadcasting licensee" have meanings given by section 2(1) of the Broadcasting Act 1994, linking copyright with broadcasting regulation. — Section 7(1)
• "Contract of service" is defined as per section 2(1) of the Employment Act 1968, relevant for employment-related copyright issues. — Section 7(1)
• "Director of National Archives" and "National Archives" are defined by the National Library Board Act 1995, connecting copyright with archival institutions. — Section 7(1)
• "National Heritage Board" is established by the National Heritage Board Act 1993, linking cultural heritage with copyright. — Section 7(1)
• "Public body" is defined by the Public Sector (Governance) Act 2018, relevant for public sector copyright use. — Section 7(1)
• "Layout-design" or "integrated circuit" are defined in the Layout-Designs of Integrated Circuits Act 1999, showing the interface between copyright and semiconductor design protection. — Section 20(1)(b)

"‘1911 Act’ means the Copyright Act 1911 of the United Kingdom ... ‘1987 Act’ means the Copyright Act (Cap. 63, 2006 Revised Edition) repealed by this Act ... ‘broadcasting licence’ and ‘broadcasting licensee’ have the meanings given by section 2(1) of the Broadcasting Act 1994 ... ‘contract of service’ has the meaning given by section 2(1) of the Employment Act 1968 ... ‘Director of National Archives’ means the Director of National Archives appointed under section 15(1) of the National Library Board Act 1995 ... ‘National Archives’ has the meaning given by section 2 of the National Library Board Act 1995 ... ‘National Heritage Board’ means the National Heritage Board established by the National Heritage Board Act 1993 ... ‘public body’ has the meaning given by section 2(1) of the Public Sector (Governance) Act 2018 ... ‘layout-design’ or ‘integrated circuit’ as defined in section 2(1) of the Layout-Designs of Integrated Circuits Act 1999." — Sections 7(1), 20(1)(b), Copyright Act 2021

Verify source in source document →

These cross-references exist to avoid duplication of definitions and to ensure that copyright law is harmonised with other relevant legal regimes, facilitating effective administration and enforcement.

Conclusion

Part 2 INTERPRETATION of the Copyright Act 2021 is a critical component that underpins the entire legislative framework by providing precise definitions and interpretative guidance. These provisions ensure that the Act’s application is clear, consistent, and adaptable to evolving forms of creative expression and technology. While it does not address penalties, it establishes the necessary groundwork for enforcement and compliance provisions found elsewhere in the Act. Furthermore, its cross-references to other statutes integrate copyright law within Singapore’s broader legal system, enhancing coherence and effectiveness.

Sections Covered in This Analysis

• Section 7(1), 7(2)
• Section 8
• Section 9
• Sections 17-19
• Section 20, 20(1)(b)
• Section 21
• Section 24
• Sections 27-30
• Section 28
• Sections 41-52
• Sections 53-60
• Section 61
• Section 67
• Section 73
• Section 77
• Section 96
• Section 97

Source Documents

• Archived Copy — Litt Law CDN
• Original — Singapore Statutes Online

For the authoritative text, consult SSO.